[Code of Student Conduct]
ARTICLE V: JUDICIAL PROCEDURES
Charges and Investigations
- Any member of the University community may file charges against any student for misconduct. Charges shall be prepared in writing and directed to the Office of Student Judicial Affairs. Any charge should be submitted as soon as possible after the event takes place, preferably within one month (28 days) of the knowledge of occurrence.
- Any judicial investigator, who has reason to believe that a violation of the Code of Student Conduct may have occurred, is authorized to begin an investigation in the same manner as if a written complaint had been received. The Office of Student Judicial Affairs may investigate and charge students or organizations with misconduct when that office has reason to believe that a violation may have occurred.
- A judicial Investigator or judicial body may issue a summons for a student or organization to appear for discussions about a case or for a hearing in a pending case. The summons may also include an order to produce records which may be helpful in the course of an investigation or in the prosecution of a case.
- The judicial investigator may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the judicial investigator, subject to the approval of the judicial administrator. Such disposition shall be final and there shall be no subsequent proceedings.
- All charges shall be presented to the accused student in written form. A time shall be set for a hearing, not less than five nor more than fifteen calendar days after the student has been notified. Maximum time limits for scheduling of hearings may be extended at the discretion of the judicial administrator.
- Hearings shall be conducted by a judicial body according to the following guidelines. A hearing officer shall exercise all the powers attributable to the chairperson of the judicial body as described below. Student organizations shall have all the rights of students listed herein, which shall be exercised by the president of the organization.
a) Hearings normally shall be conducted in private. At the request of the accused student, and subject to the discretion of the chairperson of the judicial body, a representative of the student press may be admitted, but shall not have the privilege of participating in the hearing.
b) Admission of any person to the hearing shall be at the discretion of the chairperson of the judicial body.
c) In hearings involving more than one accused student, the chairperson of the judicial body, in his or her discretion, may permit the hearings concerning each student to be conducted separately.
d) The accused has the right to be assisted by any adviser he/she may choose, at their own expense. The adviser may be an attorney. The accused is responsible for presenting his or her own case, and, therefore, advisers are not permitted to speak or to participate directly in any hearing before a Judicial Body.
e) The judicial investigator and the accused shall have the privilege of presenting witnesses, subject to the right of cross-examination by the other party and by the Judicial Body.
f) Pertinent records, exhibits, and written statements may be accepted as evidence for consideration by a judicial body at the discretion of the chairperson.
g) All procedural questions are subject to the final decision of the chairperson of the judicial body.
h) After the hearing, the judicial body shall deliberate in private and shall determine (by majority vote if the judicial body consists of more than one person) whether the student has violated the Code of Student Conduct as charged.
i) The judicial body's determination shall be made on the basis of whether there is substantial evidence that the accused student violated the Code of Student Conduct.
- There shall be a single verbatim record, such as a tape recording, of all hearings before a judicial body. The record shall be the property of the University.
- Except in the case of a student charged with failing to obey the summons of a judicial body or University official, no student may be found to have violated the Code of Student Conduct solely because the student failed to appear before a judicial body. In all cases, the evidence in support of the charges shall be presented and considered.
- The following sanctions may be imposed upon any student found to have violated the Student Code:
a) Warning — a notice in writing to the student.
b) Probation — a written reprimand for violation for specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any University regulation(s) during the probationary period.
c) Loss of Privileges — denial of specified privileges for a designated period of time.
d) Fines — previously established and published fines may be imposed.
e) Restitution — compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
f) Discretionary sanctions — work assignments, service to the University, or other related discretionary assignments (such assignments must have the prior approval of the judicial administrator).
g) Residence hall suspension — separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
h) Residence hall expulsion — permanent separation of the student from the residence halls.
i) University suspension — separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
- The following sanctions may be imposed upon any organization found to have violated the Code of Student Conduct:
a) Any of the sanctions listed in paragraphs 1(a) through 1(f) above.
b) Loss of recognition as a registered student organization. The Office of the Dean of Students shall notify any national or regional governing body with which the organization is associated or which sponsors social, academic, or sports events when such suspension is imposed.
- More than one of the sanctions listed above may be imposed for any single violation.
- When a judicial body determines that a student has violated the Code of Student Conduct, the judicial body shall recommend a sanction to be imposed to the judicial administrator. The judicial administrator shall review the facts in the case, shall review any prior violations of the Code by the student, and shall determine the appropriate sanction to be imposed. The judicial administrator is not limited to sanctions recommended by the judicial body. The judicial administrator shall advise the student in writing of the sanction(s) imposed.
- A decision reached by the judicial body or a sanction imposed by the judicial administrator may be appealed by a student to an appellate board within five (5) school days of the decision. Such appeals shall be in writing and shall be delivered to the judicial administrator or his or her designee.
- Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes:
a) To determine whether the original hearing was conducted fairly in light of the charges and evidence presented, and in conformity with prescribed procedures giving the accused student a reasonable opportunity to prepare and to present a defense to the allegations of the misconduct.
b) To determine whether the decision reached regarding the accused student was based on substantial evidence, that is, whether the facts in the case were sufficient to establish that a violation of the Code of Student Conduct occurred.
c) To determine whether the sanction(s) imposed were appropriate for the violation of the Code of Student Conduct which the student was found to have committed.
d) To consider new evidence, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such evidence and/or acts were not known to the person appealing at the time of the original hearing.
- If an appeal is upheld by the appellate board, the matter shall be remanded to the original judicial body or the judicial administrator to allow reconsideration of the original determination.
- Review of the sanction by the appellate board may not result in more severe sanction(s) for the accused student or organization. Instead, following an appeal, the vice president of student affairs or other designee may, upon review of the case, reduce, but not increase, the sanctions imposed by the judicial administrator.
Disciplinary sanctions shall not be made part of the student's permanent academic record, but shall become part of the student's confidential record. Cases involving the imposition of sanctions other than University suspension shall be expunged from the student's confidential record seven years from the year in which the offense occurred.
In certain circumstances, the vice president for student affairs, or a designee, may impose a University or residence-hall suspension prior to the hearing before a judicial body.
- Interim suspension may be imposed only
a) to ensure the safety and well-being of members of the University community or preservation of University property
b) to ensure the student's own physical or emotional safety and well being
c) if the student poses a definite threat of disruption of or interference with the normal operations of the University
- During an interim suspension, the student shall be denied access to the residence halls and/or to the campus (including classes) and/or all other University activities or privileges for which the student might otherwise be eligible, as the vice president for student affairs, or a designee, may determine to be appropriate.
- Upon a student's request, a review of the interim suspension shall be held by the vice president for student affairs or other designee, within three (3) working-days of the interim suspension to determine if the suspension should continue until a hearing by a judicial body on the charge of misconduct is held.
Interim Suspension of an Organization
- The vice president for student affairs or other designee may temporarily suspend the recognition of a student organization when the pending charges arise from a flagrant violation of this code, such as organizational conduct which is a violation of law and/or this Code, or when the conduct represents a flagrant disregard of the rights or property of persons in the University community, or when the conduct is in flagrant disregard of the property or authority of the University.
- During the interim suspension, the organization shall discontinue all activities.
- A hearing will be held by the vice president for student affairs or a designee, within three (3) working-days of the interim suspension to determine if the suspension should continue until a hearing by a judicial body on the charge of misconduct is held.