Student Guide to University Policies : Student Conduct System

II. Student Conduct System

Statement of Policy
Jurisdiction Over Persons and Places
Student Rights
Procedures for Undergraduate Student Conduct Process
Procedures for Graduate Student Conduct Process
Procedures for Student Organizations
Retention of Disciplinary Records
Parental Notification
Emergency Suspension
Withdrawal When Certain Charges are Pending

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 Conduct System was established in 1975 and the Graduate Student Conduct System in 1981. These systems are the means by which violations of the Code of Conduct are adjudicated.

The Undergraduate and Graduate Student Conduct Systems provide students charged with violations with an opportunity to learn of the charge(s), to be presented with information, and to offer a response before an impartial party. However, there are significant differences between the rights in the Student Conduct System and the rights offered to those accused of crimes by local, state, or federal authorities. Specifically, charged students’ rights in the Student Conduct System do not include the right to be defended by an attorney at an Administrative 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).

Jurisdiction Over Persons and Places

Subject to the expanded jurisdictional limits described below, the Student Conduct Systems may act on 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 Conduct System as appropriate.

The Student Conduct System shall also have jurisdiction over any student or student organization accused of a violation which occurs while a student or student organization is participating in a University-related activity, including events sponsored by a Student Organization, or when the student’s or student organization’s conduct is egregiously offensive to the University’s mission; or when the student’s or student organization’s continued presence on campus poses a serious threat to persons or property, regardless of where the activity occurred.

The Office of Student Conduct has the authority to determine whether a complaint brought before the Student Conduct 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 Conduct System shall have jurisdiction over all students enrolled in the undergraduate program, and the Graduate Student Conduct System shall have jurisdiction over all students enrolled in the graduate program. The Undergraduate Student Conduct System shall also have jurisdiction over all student organizations.

The University retains absolute discretion to determine whether any allegation should be processed within the Student Conduct System and may at its discretion vest jurisdiction in either the Undergraduate or Graduate Student Conduct System for any student group or any infraction not specifically described within this Student Guide to University Policies or any other University policy, procedure or agreement.

Note: Violations of local, state, or federal laws away from campus may result in sanctions being imposed by the University. See Off-Campus Conduct.

Student Rights

Rights of the Charged Student

A charged student is entitled to:

Be informed of the policy (or policies) alleged to have been violated, the sanction(s) to be applied if the student agrees the allegations are accurate and the process for disputing the allegation(s) or recommended sanction(s).

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 Student Conduct or the Assistant Provost for Graduate and Professional Education.

Receive written notice of the date, time and location of the Administrative Hearing at least 5 business days prior to the hearing.

Prior to the Administrative Hearing, review all documents and materials in the possession of the Office of Student Conduct (for undergraduate students) or the Office of Graduate and Professional Education (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 an Administrative 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 charged 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 student conduct process are available upon request through the Office of Student Conduct. It is the responsibility of the charged student to obtain an advisor if he or she desires one and to provide the advisor’s name to the Office of Student Conduct or the Office of Graduate and Professional Education (for graduate students) at least 3 business days prior to the Administrative Hearing. An advisor should be selected promptly. The advisor may:

Advise the charged student on the presentation of a response to the allegations;

Accompany the charged student at all student conduct meetings; and

Advise the charged student in the preparation of any appeal.

No legal counsel for a charged student may be present in the hearing room except when:

The charged student is charged both within the Student Conduct System and with a felony offense in an off-campus criminal court system; and

The charged student’s Administrative 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 charged 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 charged student must inform the Office of Student Conduct (for undergraduate students) or the Office of Graduate and Professional Education (for graduate students) of the name of the legal counsel at least 3 business days prior to the Administrative Hearing.

If legal counsel accompanies the charged student, the University may, at its discretion, allow its own counsel also to be present.

Waive any of the rights contained in this subsection.

Rights of the Victim

The right to have an advisor throughout the conduct process, with the advisor serving the same role as an advisor to the charged student;

The right to be notified of available counseling, mental health, or medical services both on campus and in the community;

The right to a campus restraining order/no contact order against the charged student;

The right to be free of any form of retaliation and to report such retaliation for disciplinary action;

The right to change living arrangements on campus and the right to academic accommodations;

The right to notify law enforcement authorities (also includes the right not to report to law enforcement authorities);

The right to decide whether or not to file a formal complaint within the Student Conduct System;

The right to be informed about the status of a case at any point during the investigation process;

The right to be present at the hearing, only during the time in which he or she provides information about the case and/or a victim’s impact statement;

The right to review all documents to be presented at the hearing that are made available to the charged student;

The right to know the names of all witnesses known by the Office of Student Conduct who will be called at the hearing, and the right to identify witnesses to be called;

The right to have past unrelated behavior excluded from the hearing process;

The right to question the selection of the Administrative Hearing Officer on the basis of a conflict of interest or demonstrated bias;

The right to make a victim impact statement or provide a written statement to be read, upon a finding of violation by the charged student;

To be separated from the charged student during the hearing;

To be notified of the outcome and sanction(s) affecting the victim as soon as possible; and

To participate in the appeal process, if any.

Procedures for Undergraduate Student Conduct Process

Initiation of Student Conduct Process

The student conduct process 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 Student Conduct. 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 Student Conduct shall provide notice of the complaint to the student against whom it was filed.

This notice to the charged 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 known by the Office of Student Conduct, except when the Office of Student Conduct determines that disclosure may present a serious risk to any such witness;

The charged student’s rights, including a description of the procedures to be used at the disciplinary hearing; and

A statement that the charged student must meet for a pre-hearing with a designee of the Office of Student Conduct within 3 business days of the date on which the notice was sent. Failure to attend this pre-hearing meeting will not keep the process from proceeding and may result in the student being found responsible for violating the policies listed based only on input from the complainant.

During the pre-hearing meeting, the charged student will be invited to review and discuss information in his or her disciplinary file (including prior cases, if any) and will be encouraged to ask questions about the complaint and the options available within the Student Conduct System.

The student will be presented with the following options:

To accept responsibility for violating Code of Conduct and accept the sanction(s) presented in the pre-hearing meeting. A student who accepts responsibility and accepts the proposed sanction(s) waives the right to both an Administrative Hearing and an appeal.

To accept responsibility for violating the Code of Conduct but reject the sanction(s) presented as inappropriate or unreasonable. The student will receive notice that he or she has accepted responsibility for violating the Code of Conduct as well as a complete list of the sanction(s) that he or she rejected and the process for requesting different sanction(s). A student who accepts responsibility for violating the Code of Conduct but rejects the sanction(s) waives the right to an Administrative Hearing, but retains the right of appeal of the sanction(s) only through a Request for Reconsideration of Sanction(s).

To deny responsibility for violating the Code of Conduct and/or reject the sanction(s) and request an Administrative Hearing by an Administrative Hearing Officer. A student who denies responsibility for violating the Code of Conduct and/or rejects the sanction(s) retains the right to both an Administrative Hearing and full appeal.

If the student does not attend a pre-hearing, a determination regarding responsibility will be made based on input from the complainant only. The student waives the right to an Administrative Hearing, but retains the right of a full appeal.

Conduct of Administrative Hearings

The primary goal of the Student Conduct System is to examine information, verify facts and determine the truth, and the Administrative 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 Administrative 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 charged student, the advisor (if any), an Office of Student Conduct designee, any victim or victims (and their advisor), and witnesses (subject to section f below).

All hearings shall be closed to all others unless the complainant and the charged student agree that the hearing should be opened to members of the University community and the Director of the Office of Student Conduct concurs. A member of the University community who wishes to attend an open meeting must contact the Office of Student Conduct at least 3 business days prior to the hearing. The Administrative Hearing Officer may, at his or her discretion, exclude any person from the hearing room.

All parties are expected to act in a professional and civil manner. If the Administrative Hearing Officer determines the complainant causes a disruption, the complainant will be removed, the hearing will end and all charge(s) will be dropped. If the Administrative Hearing Officer determines the charged student causes a disruption, the charged student will be removed and the hearing will continue in his or her absence.

The complainant must attend the hearing unless an appropriate designee has been approved by the Office of Student Conduct. In certain situations, the complainant may be accompanied by an advisor or co-complainant.

The complainant shall present information regarding the allegation(s) against the charged student and may present witnesses to support the complaint. The charged 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 charged student then may present a response to the allegation(s). 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 charged student may, in that order, present concluding remarks. The Administrative Hearing Officer will then close the hearing.

A witness may only be present during the time he or she presents information. Live witness information 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 Office of Student Conduct or the Administrative Hearing officer may, at the request of the complainant, charged student or witness, sequester any witness and arrange for a witness to give information and be questioned in such a way as to protect the witness’s identity.

The Administrative Hearing Officer may exclude any information that is irrelevant or redundant to the allegations.

Proof that the violation occurred must be established by a preponderance of the information, meaning there it is more likely than not the allegations are true.

If the Administrative Hearing Officer finds the charged student has committed all or any part of the charged offense, information concerning the charged student’s past disciplinary record, (including Student Conduct 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(s). The Administrative Hearing Officer may also consult with the Director of the Office of Student Conduct, or his or her designee, in order to ensure consistency and fairness of both decision and sanction(s).

An audio recording will be made of all Administrative Hearings. The charged student (with his or her advisor only) may review the recording by scheduling a time with the Office of Student Conduct.
The Administrative Hearing Officer shall send a written decision to the Office of Student Conduct 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 sanction(s) if any; and

A statement describing the charged student’s right to appeal and the procedures for doing so.

The Office of Student Conduct will notify the charged student and the complainant via e-mail of the findings, rationale, proposed sanction(s) (if any), and the right of appeal.

The charged student may appeal the Administrative Hearing Officer’s decision within 5 business days of the date on which the decision was sent.

A copy of the Administrative Hearing Officer’s decision will be maintained in the Office of Student Conduct.

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) to the Office of Student Conduct within 5 business days of accepting responsibility for violating the Code of Conduct 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 or unreasonable. 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 with the assistance of his or her advisor and shall be limited to three double-spaced pages with one-inch margins. The request shall not include information disputing the charge(s) nor shall it include citations to authorities (judicial or otherwise) 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 the Office of Student Conduct 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, limited to three double-spaced pages with one-inch margins, to the Office of Student Conduct within 5 business days of the date on which the Request was sent.

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 Board.

The Appellate Board, by majority vote, may decide to:
1. Deny the Request for Reconsideration of Sanction(s) and apply the sanction(s) described in the pre-hearing; or
2. 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 Student Conduct. 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 Administrative Hearing Officer

The charged student may submit an appeal to the Office of Student Conduct in writing within 5 business days of the date on which the decision was sent

A student also may submit an appeal when a suspension of more than one calendar year has been served and the student wishes a reduction in the remaining period of suspension.

The appeal request must allege that:
1. The decision is contrary to information presented at the hearing or contrary to new information not known in advance of the hearing;
2. Procedures were not followed during the process; or
3. 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 charged student. The statement of appeal shall be prepared by the student with the assistance of his or her advisor and shall be limited to three double spaced pages with one-inch margins. The statement of appeal shall not include citations to authorities (judicial or otherwise) 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 the Office of Student Conduct 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, limited to three double-spaced pages with one-inch margins, to the Office of Student Conduct within 5 business days of the date on which the appeal was sent.

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 Board.

The Appellate Board, by majority vote, may decide to:
1. Deny the appeal;
2. Reduce or otherwise limit the sanction(s) imposed. A reduction in penalty or duration may be accompanied by the imposition of a fine or educational assignment(s) or exercise(s);
3. Delay a final review of the appeal to receive additional responses to specific issues raised in the appeal. Responses may be solicited only from the charged student, the complainant, the Administrative Hearing Officer, and any relevant witnesses; or
4. Direct the Office of Student Conduct to provide a new hearing conducted by the Appellate Board, or allow the student to have his or her case handled beginning at any specific stage of the Student Conduct process.
The Appellate Board’s decision, including any decision reached as the result of a re-hearing, is final and will be implemented immediately by the Office of Student Conduct. 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 Board

Jurisdiction

The Appellate Board has sole appellate jurisdiction over decisions and sanction(s) of an Administrative Hearing Officer and any designee of the Director of the Office of Student Conduct.

Composition

The Appellate Board shall be composed of 15 members: at least 6 members shall be undergraduate students, at least 5 members shall be University officials, and at least 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

Students may remain on the board until they graduate from the University. University officials and faculty 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.

Selection of Appellate Board Members

Members of the Appellate Board shall be selected as follows:

Applicants

The Director of the Office of Student Conduct or his or her designee solicits 2 or more individuals for each position. Student applicants will be solicited from the Student Government Association, the Resident Student Association, and the general student body; University official applicants from the Office of the Vice President for Student Affairs; and Faculty applicants will be solicited from the Faculty Senate. Any individual interested in applying should submit a request to the Office of Student Conduct.

Selection of Members

The Director of the Office of Student Conduct or his or her designee 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 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 Director of the Office of Student Conduct or his or her designee 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 student conduct situation may be discussed only with other members and those directly responsible for the administration of the Student Conduct 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 Student Conduct. The written request must include specific facts supporting the removal.

If the Director of the Office of Student Conduct 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.

Procedures for Graduate Student Conduct Process

The Graduate Student Conduct System is administered by the Assistant Provost for Graduate and Professional Education as authorized by the Vice Provost for Graduate and Professional Education.

Initiation of Graduate Administrative Hearings
1. Any person may initiate a complaint against a graduate student by filing a written complaint with the Assistant Provost for Graduate and Professional Education. 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 and Professional Education shall provide written notice of the complaint to the student against whom it was filed.
2. The notice to the charged student shall include:
3. During the pre-hearing meeting, the charged student will be invited to review and discuss information contained in his or her disciplinary file and encouraged to ask questions concerning the complaint and any options that may be available within the Student Conduct System.
4. During the pre-hearing meeting, the charged student will be presented with the following options:
5. 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 and Professional Education and a decision rendered in the student’s absence.
6. A charged 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 Conduct System is to determine the truth, and the members of the Graduate Hearing Board 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 members of the Graduate Hearing Board, who shall weigh the credibility of such information.

The chair of the Graduate Hearing Board is responsible for conducting the Graduate Hearing Board Hearing according to the following procedures:

All hearings shall be open to the complainant, the charged student, the advisor (if any), the Assistant Provost for Graduate and Professional Education 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 charged student agree that the hearing should be opened to members of the University community and the Graduate Hearing Board concurs. A member of the University community who wishes to attend an open meeting must contact the Assistant Provost for Graduate and Professional Education at least 3 business days prior to the hearing. The Graduate Hearing Board may, at its discretion, exclude any person from the hearing room.

A witness may only be present during the time he or she provides information regarding the case.

The complainant must attend the hearing unless an appropriate designee has been approved by the Assistant Provost for Graduate and Professional Education 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 charged student and may present witnesses to support the complaint. The charged 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 charged student then may present a response to the complaint. The complainant may question the charged student’s witnesses who are present for the hearing. The Graduate Hearing Board has the right to question or recall witnesses at any time during the hearing. The complainant and the charged student may, in that order, present concluding remarks.

Proof that the violation occurred must be established by a preponderance of the information, meaning there it is more likely than not the allegations are true.

The Graduate Hearing Board may exclude any information that is irrelevant to the hearing or has no bearing on the complaint or the hearing. The charged student may introduce information regarding his or her character.

After all information has been presented and both the complainant and the charged student have been given an opportunity for a final statement, the Graduate Hearing Board will close the hearing. If the Graduate Hearing Board finds the charged student has committed all or any part of the charged offense, information concerning the charged student’s past disciplinary record, including Student Conduct System actions, housing policy violations, civil or criminal court convictions, and any other information deemed relevant by the members of the Graduate Hearing Board may be considered in determining the appropriate sanction.

The Assistant Provost for Graduate and Professional Education or designee will make an audio recording of all hearings. The charged student may listen to the recording in the presence of the Assistant Provost for Graduate and Professional Education or his or her designee, or may request a duplicate copy of the recording at the student’s expense.

The Graduate Hearing Board shall submit a written report to the Assistant Provost for Graduate and Professional Education 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 Hearing Board’s findings and rationale;

The Graduate Hearing Board’s proposed sanction(s) (if any) and rationale; and

A statement describing the charged student’s right to appeal and the procedures for doing so.

The Assistant Provost for Graduate and Professional Education will notify the charged student and the complainant by registered U.S. mail of the findings, rationale, proposed sanction(s) (if any), and the appeal rights.

The complainant or the charged student may appeal the Graduate Hearing Board’s decision within 5 business days of its receipt.

A copy of the Graduate Hearing Board’s decision (exclusive of names and participants in the hearing) will be maintained in the Office of Graduate and Professional Education.

Requests for Appeal

The following process shall govern appeals from the Graduate Hearing Board’s decision:

The charged 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 accepts responsibility for violating the Code of Conduct 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 charged student, the chairperson of the Graduate Hearing 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 recording of the Graduate Hearing 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 Graduate Hearing Board pending the decision on the appeal.

If the appeal request is denied, the decision of the Graduate Hearing 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 charged 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 charged student, the complainant, the charged student’s advisor from the Graduate Hearing Board hearing (if any), witnesses if their presence is necessary, the Associate Provost for Graduate and Professional Education, the Vice Provost for Graduate and Professional Education, and his or her designee whose duty will be to 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, the party may present such information, 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 Graduate Hearing Board.

The decision of the Vice Provost for Graduate and Professional Education is final and will be implemented immediately.

University Graduate Hearing Board

Jurisdiction

The Graduate Hearing Board will have jurisdiction over alleged violations of the Code of Conduct by graduate students, other than the Administrative Hearings.
Composition

The Graduate Hearing 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 Hearing 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 Graduate Hearing Board who are not members of the student’s academic unit.

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.E of Sanctions for additional rules and procedures applicable to those organizations.

An Adminisrtative Hearing for a student organization will be processed by the Undergraduate Student Conduct 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 Conduct System conclude that there is sufficient connection between the acts of individual students and an organization to which they belong, sanction(s) may be imposed on the organization as well as any offending member. Conversely, when an organization has been found responsible for violating the Code of Conduct, those administering the Student Conduct System may impose sanctions on some or all members of that organization depending upon the degree of participation in the violation.

In the event that a student or group is charged with a violation 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.

Retention of Disciplinary Records

The University’s retention policy is as follows:

When a student accepts responsibility for violating the Code of Conduct or is found responsible for violating the Code of Conduct (by an Administrative Hearing Officer or as the result of not appearing for a pre-hearing), and all appeal rights have been exhausted, and as a result receives any sanction other than suspension or expulsion, all 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, until fifteen months past the student’s originally anticipated graduation date.

When a student accepts responsibility for violating the Code of Conduct or is found responsible for violating the Code of Conduct (by an Administrative Hearing Officer or as the result of not appearing for a pre-hearing),and all appeal rights have been exhausted 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 actual or anticipated graduation, whichever occurs later.

When a student accepts responsibility for violating the Code of Conduct or is found responsible for violating the Code of Conduct (by an Administrative Hearing Officer or as the result of not appearing for a prehearing), all appeal rights have been exhausted, 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 responsible for violating the Code of Conduct or when the charge(s) is dropped, all records will be destroyed within 60 days.

When a student organization accepts responsibility for violating the Code of Conduct or is found responsible for violating the Code of Conduct (by an Administrative Hearing Officer or as the result of not appearing for a pre-hearing), all records 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.

Parental Notification

As permitted by the Family Educational Rights and Privacy Act, when a final outcome of responsibile is reached in cases regarding alcohol, drugs, or where necessary in connection with a health or safety emergency, the University will contact the student’s parent or guardian as appropriate. The University may also contact a parent or guardian of a student who is a tax dependent as further permitted by FERPA.

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 Student Conduct or his or her designee (for undergraduate students and organizations) or the Assistant Provost for Graduate and Professional Education or his or her designee (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 case is resolved in accordance with prescribed procedures.

The suspended student shall have the right to have the complaint or charges leading to the emergency suspension processed through the Undergraduate or Graduate Student Conduct 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.

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

the student is not charged with a felony;

the alleged crime, even if proven, has no bearing on any legitimate University interest; or

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:

the dismissal of all pending charge(s) against the student;

the acquittal of the student on all pending charge(s);

a full adjudication by the Student Conduct 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.