 |
II. STUDENT JUDICIAL SYSTEM
- Statement of Policy
The University affords its students the right to pursue their studies
and be rewarded according to their own achievements, to seek redress
from actions of those who interfere with those rights, to be informed
of prohibited acts or behavior, to be accorded due process if charged
with a violation of the Code of Conduct or any other University policy,
and to be advised of their rights at all stages of a University disciplinary
proceeding.
The Undergraduate
Student Judicial System was established in 1975 and the Graduate
Student Judicial System in 1981. These systems are the means by
which violations of the Code of Conduct are adjudicated.
The Undergraduate and Graduate Student Judicial Systems provide
students charged with violations with an opportunity to learn of
the charge(s), to be presented with information, and to offer a
defense before an impartial party. However, those administering the
Student Judicial System grant these safeguards to accused students
in a way that does not pose risk to others; and they are not obliged
to replicate all procedural safeguards offered to those accused
of crimes by local, state, or federal authorities. Specifically,
and not in limitation of this principle, accused students’ rights
do not include the right to be defended by an attorney at a hearing;
the right to rely on rules of information under state or federal
law; or the right to know the identity of those giving information
to support the charge(s).
Back to Top of Document
- Jurisdiction Over Persons and Places
- Subject to the expanded jurisdictional limits described below,
the Student Judicial Systems may adjudicate any alleged violation
of the Code of Conduct or any other University policy or regulation,
whether committed on campus, a street adjacent to campus, or on
property bounded by a street adjacent to campus, by:
- A full- or part-time matriculated or continuing education student
if the alleged violation occurred while the student was enrolled
at the University or while the student, although not enrolled,
was enrolled at any point during the past fifteen months or is eligible for
enrollment within the next fifteen months;
- A student organization;
- A student who is serving a period of suspension from the University
or any of its colleges, divisions, or departments; or
- A student enrolled in the English
Language Institute or any other program at the University
that does not require admission to the University or traditional
class registration. Formal disciplinary procedures established
within such programs and specifically tailored for the needs of
that student population may be used in concert with or as an alternative
to the Student Judicial System as appropriate.
- The Student Judicial System shall also have jurisdiction over
any violation which occurs while a student or student organization
is participating in a University-related activity, including events
sponsored by a Student Organization, regardless of where the activity
occurred.
- The Student Judicial System shall also have jurisdiction over
any student or student organization accused of conduct that is egregiously
offensive to the University's mission or where the student's or
organization's continued presence on campus poses a serious threat
to persons or property, regardless of where such offending activity
occurred.
- The Office of Judicial Affairs has the authority to determine
whether a complaint brought before the Student Judicial System should
more properly be handled by another University office, department
or forum, and in such instance may refer the complaint to that office,
department, or forum.
- The Undergraduate Student Judicial System shall have jurisdiction
over all students enrolled in the undergraduate program, and the
Graduate Judicial System shall have jurisdiction over all students
enrolled in the graduate program. The Undergraduate Judicial System
shall also have jurisdiction over all student organizations.
- The University retains absolute discretion to determine whether
any allegation should be adjudicated by its Student Judicial Systems
and may at its discretion vest jurisdiction in either the Undergraduate
or Graduate Judicial System for any student group (recognized or
not) or any infraction not specifically described here.
Note: Violations of local, state, or federal laws away from
campus may result in sanctions being imposed by the University.
See Off-Campus
Conduct.
Back to Top of Document
- Student Rights
- Rights of the Accused Student
An accused student is entitled to:
- Have a hearing within a reasonable period of time after the
complaint is filed. Once a hearing is scheduled, it may only be
postponed, for cause, by the Office of Judicial Affairs or the
Assistant Provost for Graduate Studies.
- Receive a written notice at least 5 business days prior to the
hearing, of the time and place of the hearing.
- Prior to the hearing, review all documents and materials in
the possession of the Office of Judicial Affairs (for undergraduate
students) or the Office of Graduate Studies (for graduate students)
that relate to the complaint, provided, however, that such materials
may be edited to shield the identity of those giving information
when officials believe that confidentiality is necessary to avoid
risk to those persons. Note: These offices do not always
receive all information that may eventually be offered at a disciplinary
hearing, and the files referred to in this section will not, in
all cases, contain all information in the possession of the party
filing the complaint.
- Appear in person and present information on his or her own behalf,
call witnesses, and ask questions of those present at the hearing;
or elect not to appear at the hearing. Absence will be noted without
prejudice, but the hearing may be conducted in the accused student’s
absence.
- Refuse to answer any question or make any statement.
- Be assisted by an advisor of his or her choice from among the
members of the University community. For undergraduate students,
names of advisors familiar with the judicial process are available
upon request through the Office
of Judicial Affairs. It is the responsibility of the accused
student to obtain an advisor if he or she desires one and to provide
the advisor’s name to the Office of Judicial Affairs or the Office
of Graduate Studies (for graduate students) at least 24 hours
prior to the hearing. An advisor should be selected promptly.
The advisor may:
- Advise the accused student on the presentation of a defense;
- Accompany the accused student at all judicial hearings; and
- Advise the accused student in the preparation of any appeal.
- Be safeguarded against criminal self-incrimination. No legal
counsel for an accused student may be present in the hearing room
except when:
- The accused student is charged both within the Student Judicial
System and with a felony offense in an off-campus criminal court
system; and
- The accused student’s judicial hearing occurs before the off-campus
felony hearing has been conducted.
In the limited situation when counsel is permitted at the hearing,
counsel’s function shall be limited to advising the accused student
on whether to answer a question and safeguarding the student from
self-incrimination. The legal counsel may not question witnesses,
object to questions, or otherwise participate in the hearing.
The accused student must inform the Office of Judicial Affairs
(for undergraduate students) or the Office of Graduate Studies
(for graduate students) of the name of the legal counsel at least
24 hours prior to the hearing.
- Waive any of the rights contained in this subsection.
- Rights of the Victim
A victim has the right to be treated with dignity and respect,
to be reasonably free from intimidation and harm, and to receive
support from the University; the victim may be informed of the status
of the complaint and the relevant sanctions or bans imposed on the
accused student. Please refer to Campus Security and Personal Safety for a complete statement of these rights.
Back to Top of Document
- Procedures for Undergraduate Judicial Hearings
- Initiation of Judicial Hearings
Judicial hearings shall be governed by the following policies and
procedures:
- Any person may initiate a complaint against an undergraduate
student by filing a written complaint with the Office
of Judicial Affairs. The person or people submitting the
complaint shall be referred to as the complainant. If the complaint
reasonably suggests that a violation of the Code of Conduct has
occurred, then the Director of the Office of Judicial Affairs
shall provide notice of the complaint to the student against
whom it was filed.
- This notice to the accused student shall include:
- The specific rule or regulation that the student is alleged
to have violated, indicating the date and place of the occurrence
and the names of the complainant and all potential witnesses,
except when the Office of Judicial Affairs determines that disclosure
may present a serious risk to any such witness;
- The accused student’s rights, including a description of the
procedures to be used at the disciplinary hearing; and
- A statement that the accused student must meet for a pre-hearing
with a designee of the Office of Judicial Affairs within 3 business
days of the date on which the notice was sent. Failure to attend
this pre-hearing meeting may result in a guilty finding based
only on input from the complainant.
- During the pre-hearing meeting, the accused student will be
invited to review and discuss information in his or her judicial
file and will be encouraged to ask questions about the complaint
and the options available within the judicial system.
The student
will be presented with the following alternatives:
- To admit guilt to the charge(s) and accept the sanctions
presented in the pre-hearing meeting. A student who pleads
guilty and accepts the proposed sanctions waives the right
to both an Administrative Hearing
and an appeal.
- To admit guilt to the charge(s) but reject the sanctions
presented as inappropriate or unreasonable. The student will
receive notice that he or she has pleaded guilty to the charge(s)
as well as a complete list of the sanctions that he or she
rejected. A student who admits guilt but rejects the sanctions
waives the right to a hearing, but retains the right of appeal
of the sanctions only through a Request for Reconsideration
of Sanctions.
- To deny the charge(s) and/or reject the sanctions and
request an Administrative Hearing by an administrative hearing
officer.
A student who denies the charges and/or rejects
the sanctions retains the right to both an Administrative
Hearing and full appeal.
- Conduct of Administrative Hearings
The primary goal of the Student Judicial System is to determine
the truth, and the hearing officer may consider all information
presented at the hearing, including things that might not be permitted
in a criminal trial or other legal proceeding. Rules of evidence
do not apply, and information that would constitute hearsay in the
legal system may be considered by the hearing officer who shall
weigh the credibility of such information.
The administrative hearing officer will conduct the administrative
hearing according to the following procedures:
- All hearings shall be open to the complainant, the accused student,
the advisor (if any), an Office of Judicial Affairs designee,
any victim or victims (and their advocate), and witnesses (subject
to section c
below).
- All hearings shall be closed to all others unless the complainant
and the accused student agree that the hearing should be opened
to members of the University community and the Director of Judicial
Affairs concurs. A member of the University community who wishes
to attend an open meeting must contact the Office of Judicial
Affairs at least 24 hours prior to the hearing. The administrative
hearing officer may, at his or her discretion, exclude any person
from the hearing room.
- A witness may only be present during his or her testimony at
the hearing. Live witness testimony is most helpful to the administrative
hearing officer, but the administrative hearing officer may accept
other forms of information, giving it such weight as is deemed
appropriate.
- The complainant must attend the hearing unless an appropriate
designee has been approved by the Office of Judicial Affairs. In certain situations,
the complainant may be accompanied by an advisor or co-complainant.
- The complainant shall present the case against the accused
student and may present witnesses to support the complaint. The
accused student, with the assistance of his or her advisor (if
any), will then have the opportunity to question the complainant
and each of the complainant’s witnesses who are present for the hearing.
The accused student then may present a defense. The complainant
may question the accused and the student’s witnesses who are present for the hearing. The administrative
hearing officer has the right to question or recall witnesses
at any time during the hearing. The complainant and the accused
student may, in that order, present concluding remarks. The
Office of Judicial Affairs or administrative hearing officer may, at the request of the complainant, accused student or witness, sequester any witness and
arrange for a witness to give testimony and be questioned in
such a way as to protect the witness’s identity.
- The accused student is presumed innocent, and his or her violation
must be established by a preponderance of the information presented. This
standard of proof is met where there is a firm belief or conviction
that the allegations are true.
- The administrative hearing officer may exclude any information
or testimony that is irrelevant or redundant to the hearing,
provided, however, that the accused student may introduce limited
testimony or information regarding his or her character. A maximum
of three witnesses may be heard on the subject of character,
although the hearing officer may, in his or her discretion, permit
other submissions in writing regarding this subject. The
hearing officer may give whatever weight he or she deems appropriate
to the character evidence.
- After all information has been presented and both the complainant
and the accused student have been given opportunity for a final
statement, the administrative hearing officer will close the hearing.
If the administrative hearing officer finds the accused student
has committed all or any part of the charged offense, information
concerning the accused student’s past disciplinary record, including
student judicial system actions, housing policy violations, civil
or criminal court convictions, and any other information deemed
relevant by the administrative hearing officer may be considered
in determining the appropriate sanction. The hearing officer may also consult with the Director of Judicial Affairs, or his or her designee, in order to ensure consistency and fairness of both decision and sanctions.
- A tape recording
will be made of all judicial hearings. The accused student (with his or her advisor only) may review the recording
by scheduling a time with the Office of Judicial Affairs. The
Office of Judicial Affairs may edit any tape recording to exclude
information identifying witnesses whose identities have, by previous
determination, been withheld.
- The administrative hearing officer shall send a written decision
to the Office of Judicial Affairs after the conclusion of the
hearing. The letter shall contain:
- A summary of the complaint and the charge(s);
- A summary of the information presented at the hearing;
- A summary of the administrative hearing officer’s findings
and rationale;
- The administrative hearing officer’s disciplinary sanctions;
and
- A statement describing the accused student’s right to appeal
and the procedures for doing so.
- The Office of Judicial Affairs will notify the accused student
and the complainant of the findings, rationale, proposed sanction
(if any), and the rights of appeal.
- The accused student may appeal the administrative hearing officer’s
decision within 5 business days.
- A copy of the administrative hearing officer’s decision will
be maintained in the Office of Judicial Affairs.
- Requests for Appeal
- Appeal of Recommended Sanction(s) (Request for Reconsideration
of Sanction(s))
- The student must submit a Request for Reconsideration of Sanction(s)
within 5 business days of pleading guilty to the charges and
receiving a list of the sanction(s). Should the student fail
to submit this request within 5 business days, the sanction(s)
will be applied, no appeal will be considered and the case will
be closed.
- The Request for Reconsideration of Sanction(s) must be typed
or computer-printed and must explain why the sanction(s) are
inappropriate. The request may include what sanction(s) the student
feels are appropriate as well as other documentation supporting
the student’s
request. The request shall be prepared by the student and his
or her advisor and shall be limited to three double-spaced pages
with regular margins. The request shall not include information
disputing the charge(s) nor shall it include citations to judicial
or other authorities outside the University. In the event such
information or citations are included, the chairperson may, at
his or her discretion, reject the request.
- Upon receipt of the Request for Reconsideration of Sanction(s),
the Director of Judicial Affairs or his or her designee will
send a copy of the request to the complainant and any other party
deemed appropriate by the University. These parties may submit
a response, in writing, to the Office of Judicial Affairs within
5 business days of their receipt of the request.
- The written request, responses from all appropriate parties
and the student’s entire disciplinary file will be reviewed in
a closed meeting by a quorum of the Appellate
Judicial Board.
- The Appellate Judicial Board, by majority vote, may decide
to:
- Deny the Request for Reconsideration of Sanction(s) and
apply the sanction(s) described in the pre-hearing; or
- Reduce or otherwise limit the sanction(s) applied. A reduction in penalty or duration may be accompanied by the imposition of a fine or educational assignment(s) or exercise(s).
- The Appellate Board’s decision is final and will be implemented
immediately by the Office of Judicial Affairs. The student will
receive notice of the decision. Copies of this notice will be
entered into the student’s disciplinary record and forwarded
to the complainant and any other appropriate party who responded
to the initial request.
- Appeal of Decision by University Hearing Officer
- The accused student may request an appeal in writing within 5 business days of receipt of the decision. Note: Students who plead guilty to charge(s) waive their right to appeal.
A student also may file an appeal when a suspension of more than one calendar year has been served and the student wishes to appeal for a reduction in the remaining period of suspension.
- The appeal request must allege that:
- The decision is contrary to information presented at the hearing or contrary to new information not known in advance of the hearing;
- Procedures were not followed during the process; or
- The sanction imposed is inappropriate or unreasonable.
- The appeal request must be typed or computer printed and cite one or more of the reasons above; it may be accompanied by documentation supporting the appeal. The failure of the University to adhere to notice requirements or time periods shall not be cause for dismissal nor grounds for appeal absent a finding that such failure materially prejudiced the accused student. The statement of appeal shall be prepared by the student and his or her judicial advisor and shall be limited to three double spaced pages with regular margins. The statement of appeal shall not include citations to judicial or other authorities outside the University. In the event that such citations are included, the chairperson may, at her or his discretion, reject the appeal.
- Upon receipt of the appeal request, the Director of Judicial Affairs or his or her designee will send a copy of the request to the complainant, the administrative hearing officer, and any other party deemed appropriate by the University. These parties may submit a response, in writing, to the Office of Judicial Affairs within 5 business days of their receipt of the appeal request.
- The written appeal and all documentation contained within the student’s disciplinary file will be reviewed in a closed meeting by a quorum of the Appellate
Judicial Board.
- The Appellate Judicial Board, by majority vote, may decide to:
- Deny the appeal;
- Reduce or otherwise limit the sanctions imposed. A reduction in penalty or duration may be accompanied by the imposition of a fine or educational assignment(s) or exercise(s);
- Delay the appeal to receive additional responses to specific issues raised in the appeal. Responses may be solicited only from the accused student, the complainant, the administrative hearing officer, and any relevant witnesses; or
- Direct the Office of Judicial Affairs to provide a new hearing conducted by the Appellate Judicial Board, or allow the student to have his or her case handled beginning at any specific stage of the judicial process.
- The Appellate Judicial Board’s decision is final and will be
implemented immediately by the Office of Judicial Affairs. The
student will receive notice of the decision. Copies of this notice
will be entered into the student’s disciplinary record and forwarded
to the complainant and hearing officer.
- Operations of the Appellate Judicial Board
- Jurisdiction
The Appellate Judicial Board has sole appellate jurisdiction
over decisions and sanctions of an administrative hearing officer
and the Director of the Office of Judicial Affairs.
- Composition
The Appellate Judicial Board shall be composed of 15 members:
at least 6 members shall be undergraduate students, 4 members
shall be University officials, and 4 shall be faculty members.
The Board shall be chaired by an administrative hearing officer,
although he or she may not cast a vote except in the event of
a tie.
- Quorum
A quorum consists of 3 board members, provided that at least
1 undergraduate student, 1 University official, and 1 faculty
member must be present.
- Term of Office
The members shall be appointed for a 4-year, renewable term beginning
on the first school day of the fall semester in the odd-numbered
year. A student may remain on the board until the student graduates
from the University.
- Selection of Appellate Judicial Board Members
Members of the Appellate Judicial Board shall be selected as follows:
- Applicants
The University solicits 2 or more individuals for each position.
Faculty applicants will be solicited from the Faculty
Senate; student applicants from the Student Government Association, the Resident
Student Association, and the general student body; and University
official applicants from the Office of the President. Any individual
interested in applying should submit a request to the Office of
Judicial Affairs.
- Selection of Members
The Office of Judicial Affairs may select a member from among
the applicants and may seek additional applicants for any position.
The director’s decision to select or decline any applicant shall
be final and binding. Student members may not have a current judicial
sanction and must maintain a minimum cumulative GPA of 2.2.
- Appointments
The members will be installed at the beginning of the fall semester
immediately following their selection. During summer and winter
sessions, if a quorum cannot be obtained or if an unexpected vacancy
occurs, the Office of Judicial Affairs may appoint a student,
faculty member, or University official to serve until the next
regularly scheduled appointment.
- Responsibilities
Each member shall have the following responsibilities:
- To make attendance a priority. Frequent absences are grounds
for removal.
- To maintain objectivity and impartiality. A member must disqualify
himself or herself from a hearing when he or she feels that
objectivity cannot be maintained.
- To maintain confidentiality. The nature and status of any
judicial situation may be discussed only with other members
and those directly responsible for the administration of the
Student Judicial System.
- To notify the chair if any person attempts to influence a
case or decision before the member.
- Removal of Members
- Any member may be removed for cause. A person may request
a member’s removal through the Office of Judicial Affairs. The
written request must include specific facts supporting the removal.
- If the Director of the Office of Judicial Affairs determines
that the allegation is supported by information, the member
shall be informed. A meeting will be held to hear the request
for removal and the accused member’s response.
- If it is determined that the member has violated his or her
responsibilities, the Director may recommend to the Dean of Students that the member be removed.
- The Dean of Students shall make the
final determination concerning removal or any other appropriate
action.
Back to Top of Document
- Procedures for Graduate Judicial Hearings
The Graduate Student Judicial System is administered by the Assistant
Provost for Graduate Studies as authorized by the Vice Provost for Graduate and Professional Education.
- Initiation of Graduate Judicial Hearings
- Any person may initiate a complaint against a graduate student
by filing a written complaint with the Assistant
Provost for Graduate Studies. The person or people submitting
the complaint shall be referred to as the complainant. If the
complaint reasonably suggests that a violation of the Code of
Conduct has occurred, then the Assistant Provost for Graduate
Studies shall provide written notice of the complaint to the student
against whom it was filed.
- The notice to the accused student shall include:
- The specific rule or regulation that the student is alleged
to have violated, describing the time, date, and place of the
occurrence, the name of the complainant, and the names of all
potential witnesses, assuming the potential witnesses agree
to testify and be identified;
- The accused student’s rights, including a description of the
procedures to be used at the disciplinary hearing and the possible
sanctions that may be rendered; and
- A statement that the accused student must meet with the Assistant
Provost for Graduate Studies within 5 business days after receipt
of the notice. Failure to attend this pre-hearing meeting may
result in a guilty finding based only on input from the complainant.
- During the pre-hearing meeting, the accused student will be
invited to review and discuss information contained in his or
her judicial file and encouraged to ask questions concerning the
complaint and any options that may be available within the judicial
system.
- During the pre-hearing meeting, the student will be presented
with the following alternatives:
- To admit guilt and request an administrative action hearing
for the purpose of determining the appropriate sanction. The
administrative action is in lieu of the student’s right to a
hearing, and the student must sign a statement waiving his or
her right to a hearing before the Graduate Judicial Board. After
the pre-hearing, the Assistant Provost for Graduate Studies
or designee may consult with the complainant to clarify facts
related to the matter. If, in consulting with the complainant,
information materially different from that given by the accused
student is obtained, this information will be shared with the
accused student before administrative action is taken; or
- To deny the charge(s) and request a hearing by the Graduate Judicial
Board.
- If a student fails to attend the pre-hearing within the specified
period of time, the facts will be reviewed by the Assistant Provost
for Graduate Studies and a decision rendered in the student’s
absence.
- An accused student may appeal a decision made as a result of
an administrative action hearing only on the grounds that the
sanction imposed was inappropriate, unreasonable, or unjust. The
appeal procedure is described in Requests
for Appeal.
- Conduct of Administrative Hearings
The primary goal of the Student Judicial System is to determine
the truth, and the hearing officer may consider all information
presented at the hearing, including things that might not be permitted
in a criminal trial or other legal proceeding. Rules of evidence
do not apply, and information that would constitute hearsay in the
legal system may be considered by the hearing officer, who shall
weigh the credibility of such information.
The chair of the Graduate Judicial Board is responsible for conducting
the Graduate Judicial Board Hearing according to the following procedures:
- All hearings shall be open to the complainant, the accused student,
the advisor (if any), the Assistant Provost for Graduate Studies
or designee, any victim or victims, and witnesses (subject to
part c below).
- All hearings shall be closed to all others unless the complainant
and the accused student agree that the hearing should be opened
to members of the University community and the Graduate Judicial
Board concurs. A member of the University community who wishes
to attend an open meeting must contact the Assistant Provost for
Graduate Studies at least 24 hours prior to the hearing. The Graduate
Judicial Board may, at its discretion, exclude any person from
the hearing room.
- A witness may only be present during his or her testimony at
the hearing.
- The complainant must attend the hearing unless an appropriate
designee has been approved by the Assistant Provost for Graduate
Studies prior to the hearing. Note: A complainant’s
failure to attend a hearing without prior approval may result
in a dismissal of the charge(s). A second postponement of a hearing,
even with cause, will result in a dismissal of the charge(s) unless
there are serious extenuating circumstances.
- The complainant shall present the case against the accused student
and may present witnesses to support the complaint. The accused
student and his or her advisor (if any) have the opportunity to
question the complainant and the complainant’s witnesses who are present for the hearing.
The accused student then may present a defense. The complainant
may question the accused student’s witnesses who are present for the hearing. The Graduate
Judicial Board has the right to question or recall witnesses at
any time during the hearing. The complainant and the accused student
may, in that order, present concluding remarks.
- The accused student is presumed innocent, and his or her violation
must be established by clear and convincing proof.
- The Graduate Judicial Board may exclude any information or testimony
that is irrelevant to the hearing or has no bearing on the complaint
or the hearing. The accused student may introduce testimony or
information regarding his or her character.
- After all information has been presented and both the complainant
and the accused student have been given an opportunity for a final
statement, the Graduate Judicial Board will close the hearing.
If the Graduate Judicial Board finds the accused student has committed
all or any part of the charged offense, information concerning
the accused student’s past disciplinary record, including student
judicial system actions, housing policy violations, civil or criminal
court convictions, and any other information deemed relevant by
the hearing officer may be considered in determining the appropriate
sanction.
- The Assistant Provost for Graduate Studies or designee will
make a tape recording of all judicial hearings. The accused student
may listen to the tape in the presence of the Assistant Provost
for Graduate Studies designee, or may request a duplicate copy
of the tape at the student’s expense.
- The Graduate Judicial Board shall submit a written report to
the Assistant Provost for Graduate Studies within 5 business days
of the conclusion of the hearing. The written report shall contain:
- A summary of the complaint and the charge(s);
- A summary of information presented at the hearing;
- A summary of the Graduate Judicial Board’s findings and rationale;
- The Graduate Judicial Board’s proposed sanction and rationale;
and
- A statement describing the accused student’s right to appeal
and the procedures for doing so.
- The Assistant Provost for Graduate Studies will notify the accused
student and the complainant by registered U.S. mail of the findings,
rationale, proposed sanction (if any), and the appeal rights.
- The complainant or the accused student may appeal the Judicial
Graduate Board’s decision within 5 business days of its receipt.
- A copy of the Graduate Judicial Board’s decision (exclusive
of names and participants in the hearing) will be maintained in
the Office of Graduate Studies.
- Requests for Appeal
The following process shall govern appeals from the Graduate Judicial
Board’s decision:
- The accused student or the complainant may submit a written
request for appeal to the Vice Provost for Graduate and Professional Education
within 5 business
days of receipt of the written decision. Note: A student
who pleads guilty to the charge(s) waives his or her right to an
appeal.
- The appeal request must allege:
- The decision is contrary to information presented at the hearing
or contrary to new information not known at the time of the
hearing;
- Any hearing procedure was not properly followed; or
- The sanction imposed is inappropriate, unreasonable, or unjust.
- The written request must be typed or computer printed and may
be accompanied by documentation supporting the grounds for appeal.
- Upon receipt of the request for appeal, the Vice Provost for Graduate and
Professional Education will send a copy of the appeal
request to the complainant, the accused student, the chairperson
of the Judicial Board, and any other relevant party. These parties
may submit a response in writing to the Vice Provost for Graduate and
Professional Education within 5 business days of their receipt
of the request.
- The Vice Provost for Graduate and Professional Education will
listen to the tape of the Graduate Judicial Board hearing, review
the written request, and determine whether there are sufficient
grounds for an appeal hearing and, if so, will defer the imposition
of the sanction imposed by the Judicial Board pending the decision
on the appeal.
- If the appeal request is denied, the decision of the Graduate
Judicial Board will become effective as of the date that the Vice Provost
for Graduate and Professional Education decides not to
grant the appellate hearing.
- If the appeal is granted, the Vice Provost for Graduate and Professional
Education will notify the accused student and the
complainant of the time and place of the appellate hearing.
- The only persons permitted to attend the appellate hearing will
be the accused student, the complainant, the accused student’s
advisor from the Graduate Judicial Board hearing (if any), witnesses
if their presence is necessary, the Associate Provost for Graduate
Studies, the Vice Provost for Graduate and Professional Education,
and his or her designee whose duty will be to tape record the
appellate hearing.
- Failure to attend an appellate hearing may result in the denial
of the appeal. A second postponement, even with cause, will result
in denial of the appeal unless there are serious extenuating circumstances.
- The Vice Provost for Graduate and Professional Education will
open the hearing by reading the request for appeal and informing
the person(s) involved in the appeal of the appellate hearing
procedures, including:
- The party that requested the appeal may make a brief statement
of the reasons for the appeal. If those reasons include new
information or testimony, the party may present such information
or testimony and the witnesses will be subject to cross-examination.
- The other party may then address the specific issues presented
in the request for appeal.
- The Vice Provost for Graduate and Professional Education may
interrupt the proceedings at any time to ask questions or to
focus the proceedings on the specific points at issue.
- Within 5 business days of the conclusion of the hearing, the
Vice Provost for Graduate and Professional Education shall issue
a written decision consisting of the grounds for the appeal, the
decision, and the rationale. Copies of this report will be forwarded
to the accused, the complainant, and the chair of the Judicial
Board.
- The decision of the Vice Provost for Graduate and Professional Education
is final and will be implemented immediately.
- University Graduate Judicial Board
- Jurisdiction
The Graduate Judicial Board will have jurisdiction over alleged
violations of the Code of Conduct by graduate students, other
than the administrative hearings.
- Composition
The Graduate Judicial Board shall consist of 3 faculty members
selected by the chair of the Faculty
Senate Committee on Graduate Studies. At least 1 faculty member
will be from the student’s department, program, or non-departmentalized
college, and 2 faculty members will be members of the Faculty
Senate Committee on Graduate Studies. The chair of the Graduate
Judicial Board will be chosen by the chair of the Faculty Senate
Committee on Graduate Studies and will be selected from one of
the Graduate Committee members appointed to the Judicial Board
who are not members of the student’s academic unit.
Back to Top of Document
- Judicial Procedures for Student Organizations
- Student organizations are reminded that they are bound by the
University's Code of Conduct, and that each use of the word "student"
in the Code of Conduct means student organization. Student organizations
are encouraged to review Section I.Q Student
Organizations of the Code of Conduct and Section III.D of Disciplinary
Sanctions for additional rules and procedures applicable to
those organizations.
- A judicial hearing for a student organization will be adjudicated
by the Undergraduate Student Judicial System.
Hearings will be conducted with the organization’s highest ranking
officer representing the organization.
- Any violation of this Code of Conduct by one or more members of
a student organization may constitute a violation by the organization
itself. Where those administering the Student Judicial System conclude
that there is sufficient connection between the acts of individual
students and an organization to which they belong, sanctions may
be imposed on the organization as well as any offending member.
Conversely, when an organization has been found guilty of a Code
offense, those administering the Student Judicial System may impose
sanctions on some or all members of that organization depending
upon the degree of participation in the offense.
- In the event that a student or group is charged with an offense
under this Code, it shall not be a defense that the organization
in question is one which is no longer recognized by the University
as a result of its status being rescinded, revoked or suspended.
- In determining the sanction to be imposed upon a student organization,
a hearing officer may consider the disciplinary record of its individual
members.
Back to Top of Document
- Retention of Disciplinary Records
The University’s retention policy is as follows:
- When a student is found guilty, or pleads guilty or does not contest
the charge(s), and all appeal rights have been exhausted, all records
relating to the hearing, the complaint or charge(s), and the sanction
imposed, together with all appeal records, will be retained in the
student’s disciplinary file until the student’s graduation, or, in the event that a student ceases to maintain his or her matriculated status, such disciplinary records will be retained in the student’s disciplinary file until fifteen months past the student’s originally anticipated graduation date.
- When a student is found guilty, or pleads guilty or does not
contest the charge(s), and as a result is suspended from the University,
all records will be retained in the student’s disciplinary file
for 5 calendar years after the student’s anticipated graduation.
- When a student is found guilty, or pleads guilty or does not contest
the charge(s), and as a result is expelled from the University, all
records will be permanently retained in the student’s disciplinary
file.
- When a student is found not guilty of the charge(s) or when the
charge(s) is dropped, all records will be destroyed within 60 days.
- When a student organization is found guilty, or pleads guilty,
or does not contest the charge(s), a record of the judicial action
will be maintained permanently.
- Federal law currently requires the retention of certain data and
records of certain disciplinary infractions. Where the above-described
policy provides for the “destruction” of a record, the University,
in order to comply with federal law, may accomplish such “destruction”
by editing all student identifying information from such record.
Back to Top of Document
- Parental Notification
Upon a guilty finding and exhaustion of all appeal rights, and assuming the student has not claimed financial independence (which could bar the release of such information) the University will send a letter to the student’s parent
or guardian as appropriate.
Back to Top of Document
- Emergency Suspension
When a student or student organization repeatedly or persistently
commits a violation of the Code of Conduct, either on campus or off,
or where the continued presence of the student or organization on-campus
poses a threat to safety or the rights, welfare, or property of another,
the Director
of the Office of Judicial Affairs (for undergraduate students
and organizations) or the Assistant
Provost for Graduate Studies (for graduate students) may impose
an emergency suspension subject to the following provisions:
- An emergency suspension is an interim action, effective immediately.
- The emergency suspension shall last until the student’s judicial
case is resolved in accordance with prescribed judicial procedures.
- The suspended student shall have the right to have the complaint
or charges leading to the emergency suspension adjudicated through
the Undergraduate or Graduate Student Judicial System within 3 business
days from the imposition of the emergency suspension.
Note: In the case of certain criminal charges, the imposition
of an Emergency Suspension may be superseded by the Withdrawal
process set forth below.
Back to Top of Document
- Withdrawal When Certain Charges are Pending
- Any student charged in any jurisdiction with a crime involving violence, the sale, manufacture or delivery of drugs or any other conduct egregiously offensive to the University’s mission may be
immediately withdrawn from the University, according to the following
procedures:
- The student shall have the right to a hearing within 3 business
days from the imposition of the withdrawal at which time the
accused shall be provided the opportunity to demonstrate that
withdrawal is inappropriate because 1) the student is not charged
with a felony; 2) the alleged crime, even if proven, has no
bearing on any legitimate University interest; or 3) the withdrawal
is manifestly unjust.
- The Withdrawal shall be noted on the student's transcript,
however no disciplinary record or sanction shall be created
or imposed solely on the basis of the withdrawal.
- The Withdrawal shall remain in effect until the earlier of:
1) the dismissal of all pending charge(s) against the
student; 2) the acquittal of the student on all pending
charge(s); 3) a full adjudication by the Student Judicial
System, if appropriate, of all charge(s) and complaints of
the Code of Conduct relating to the conduct from which the charge(s) derive.
- This Withdrawal requirement is a supplement to the Emergency
Suspension procedures provided above and in no way limits any
rights of the University to impose any additional or different
disciplinary sanction.
Back to Top of Document
 |
| Copyright © 2008
University of Delaware |
|
|