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II.  Student Conduct System

  1. Statement of Policy
  2. 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 studentsí 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).

    The primary goal of the Undergraduate and Graduate Student Conduct Systems is to examine information, verify facts and determine the truth, and the Administrative Hearing Officer, Graduate Hearing Board, appellate board or appellate officer may consider all information presented during the process, 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, with the credibility of such information to be determined by the person or persons considering this information.

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  3. Jurisdiction Over Persons and Places
    1. 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 in the greater University community, by:
      1. 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;
      2. A student organization;
      3. A student who is serving a period of suspension from the University or any of its colleges, divisions, or departments; or
      4. 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. An exception to this standard is any incident involving sexual assault or sexual harassment, which must be reported to the appropriate Title IX coordinator.

    2. 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.
    3. 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.
    4. 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.
    5. 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.

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  4. Student Rights
    1. Rights of Charged Students
    2. A charged student is entitled to:

      1. 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).

      2. Appeal the sanctions recommended (if the student agrees the allegations are accurate) or the decision (if the student disputes the allegations.)
      3. 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.

      4. Receive written notice of the date, time and location of the Administrative Hearing at least 5 business days prior to the hearing.
      5. 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.
      6. Question the selection of the Administrative Hearing Officer on the basis of a conflict of interest or demonstrated bias.

      7. 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 studentís absence.
      8. Refuse to answer any question or make any statement.

      9. Be assisted by a student conduct 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 so desired and to provide the advisorís name to the Office of Student Conduct (for undergraduate students) 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:
        1. Advise the charged student on the presentation of a response to the allegations;
        2. Accompany the charged student at all student conduct meetings; and
        3. Advise the charged student in the preparation of any appeal.

      10. Legal counsel for a charged student may be present only in the following circumstances:
        1. 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
        2. When the charged studentís Administrative Hearing occurs before the off-campus felony hearing has been conducted.
        3. In the limited situation when counsel is permitted at the hearing, counselís 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.
        4. If legal counsel accompanies the charged student, the University may, at its discretion, allow its own counsel also to be present.

      11. Waive any of the rights contained in this subsection.

    3. Rights of Victims of Sexual Assault or Sexual Harassment

      A victim of sexual assault or sexual harassment is entitled to the following:

      1. Be notified of available counseling, mental health, or medical services both on campus and in the community.
      2. Change living arrangements on campus and the right to reasonable academic accommodations.
      3. Be free of any form of retaliation and to report such retaliation for disciplinary action.
      4. A campus restraining order/no contact order against the charged student.
      5. Notify law enforcement authorities (also includes the right not to report to law enforcement authorities).
      6. Decide whether or not to file a formal complaint within the Student Conduct System.
      7. Have an advocate throughout the conduct process, with the advocate serving the same role as a student conduct advisor to the charged student. It is the responsibility of the victim to obtain an advocate if so desired and to provide the advocate's name to the Office of Student Conduct (for undergraduate students) or the Office of Graduate and Professional Education (for graduate students) at least 3 business days prior to the hearing.
      8. Be informed about the status of a case at any point during the investigation process.
      9. Review all documents to be presented at the hearing that are made available to the charged student.
      10. Be present (with an advocate, if desired) during the entire hearing.
      11. Make a victim's impact statement during the hearing.
      12. Know the names of all witnesses known by the Office of Student Conduct who will participate in the hearing (subject to provisions in this Code regarding protecting witness identity), and the right to suggest potential witnesses to be called (the presenting party will ultimately decide which witnesses to present).
      13. Have past unrelated behavior excluded from the hearing process.
      14. Question the selection of the Administrative Hearing Officer on the basis of a conflict of interest or demonstrated bias.
      15. Be separated from the charged student during the hearing.
      16. Be notified of the outcome and sanction(s) as soon as possible.
      17. Participate in the appeal process, if initiated by a charged student.
      18. Initiate an appeal based on any of the following grounds:

        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;
        3. The sanction imposed is inappropriate or unreasonable; or
        4. A violation of any of the above rights occurred.
      19. Waive any of the rights contained in this subsection.
    4. Rights of Other Victims
      1. A victim is a person who has suffered from any of the following acts (Determination of who is a victim will made by the Director of the Office of Student Conduct):

        1. Arson;
        2. Burglary/Robbery;
        3. Destruction, damage or vandalism of property;
        4. Kidnapping/abduction; or
        5. Physical assault.

      2. A victim is entitled to:

        1. Be notified of available counseling, mental health, or medical services both on campus and in the community.
        2. Change living arrangements on campus and the right to reasonable academic accommodations.
        3. Be free of any form of retaliation and to report such retaliation for disciplinary action.
        4. A campus restraining order/no contact order against the charged student.
        5. Notify law enforcement authorities (also includes the right not to report to law enforcement authorities).
        6. Decide whether or not to file a formal complaint within the Student Conduct System.
        7. Have an advocate throughout the conduct process, with the advocate serving the same role as a student conduct advisor to the charged student. It is the responsibility of the victim to obtain an advocate if so desired and to provide the advocate's name to the Office of Student Conduct (for undergraduate students) or the Office of Graduate and Professional Education (for graduate students) at least 3 business days prior to the hearing.
        8. Be informed about the status of a case at any point during the investigation process.
        9. Review all documents to be presented at the hearing that are made available to the charged student.
        10. Be present at the hearing, only during the time in which he or she provides information about the case and/or a victim impact statement.
        11. Know the names of all witnesses known by the Office of Student Conduct who will participate in the hearing (subject to provisions in this Code regarding protecting witness identity), and the right to suggest potential witnesses to be called (the presenting party will ultimately decide which witnesses to present).
        12. Have past unrelated behavior excluded from the hearing process.
        13. Question the selection of the Administrative Hearing Officer on the basis of a conflict of interest or demonstrated bias.
        14. Be separated from the charged student during the hearing.
        15. Be notified of the outcome and sanction(s) affecting the victim as soon as possible.
        16. Participate in the appeal process, if initiated by a charged student.
        17. Initiate an appeal alleging a violation of any of the above rights occurred.
        18. Waive any of the rights contained in this subsection.

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  5. Procedures for Undergraduate Student Conduct Process
    1. Initiation of Student Conduct Process
    2. The student conduct process shall be governed by the following policies and procedures:

      1. Any person may initiate a complaint against an undergraduate student by filing a complaint with the Office of Student Conduct. Jurisdiction shall be limited to those complaints meeting the parameters outlined in Section II.B.2, except for complaints involving charges of sexual assault or sexual harassment, which shall have no jurisdictional restrictions. 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.
        1. Students seeking to file a complaint of disability discrimination or sex discrimination or harassment against faculty, employees or third parties must use the ADA and Title IX processes as outlined in Section IV.B.3.a

        2. Students seeking to file a complaint of disability discrimination or sex discrimination or harassment against another student must use the ADA and Title IX processes outlined in Section IV.B.3.b.

      2. This notice to the charged student shall include:
        1. The specific rule or regulation that the charged 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;
        2. The charged studentís rights, including a description of the procedures to be used at the disciplinary hearing; and
        3. 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 charged student being found responsible for violating the policies listed based only on input from the complainant.

      3. 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 may also provide additional information (such as written documents, photographs, audio/video files, etc.) to be added to his or her disciplinary file, which will then become a permanent part of that file.

        The charged student will be presented with the following options:

        1. 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.
        2. To accept responsibility for violating the Code of Conduct but reject the sanction(s) presented as inappropriate or unreasonable, as outlined below. The charged 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).

        3. To deny responsibility for violating the Code of Conduct and request an Administrative Hearing by an Administrative Hearing Officer. A student who denies responsibility for violating the Code of Conduct retains the right to both an Administrative Hearing and full appeal.

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    3. Procedures for Administrative Hearings and Appeals
      1. For Administrative Hearings involving charges of sexual assault or sexual harassment (and any other concurrent charges), the Administrative Hearing Officer will conduct the hearing according to the following procedures:

        1. The complainant, the charged student, the advisor (if any), an Office of Student Conduct designee (if any), shall be present for the entirety of the hearing.
        2. A victim of sexual assault or sexual harassment (and an advocate, if any) may be present for all or any part of the hearing he or she wishes to attend.
        3. 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.
        4. Hearings shall be closed to all other parties.
        5. 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 or victim of sexual assault or sexual harassment causes a disruption, the person causing the disruption will be removed and the hearing will continue in his or her absence.
        6. 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.
        7. 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, with the exception that the charged student may not directly address or ask questions of the victim of sexual assault or sexual harassment. Rather, questions shall be provided to the Administrative Hearing Officer, who, after screening for appropriateness and relevance, shall ask the questions to the victim. The victim may elect to have the charged student directly ask questions. The charged student then may present a response to the allegation(s). This response may include additional information (such as written documents, photographs, audio/video files, etc.) to be added to the student's disciplinary file, which will then become a permanent part of that file. The complainant may question the charged student and the charged 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.
        8. The Administrative Hearing Officer may exclude any information that is irrelevant or redundant to the allegations.
        9. Proof that the violation occurred must be established by a preponderance of the information, meaning it is more likely than not the allegations are true.
        10. 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 appropriateness and reasonableness of the sanctions.
        11. An audio recording will be made of all Administrative Hearings, for review and appeal purposes. To protect student confidentiality and the integrity of its process, the University does not provide copies of these audio recordings.  However, to aid in the preparation of his or her appeal, an appealing student may listen to the audio recording and may be accompanied by his or her advisor or advocate.  No copies or recordings of any kind may be made by the student. No other electronic devices (including, but not limited to, cellphones, computers and additional recorders) may be used during the hearing, unless expressly permitted by the Administrative Hearing Officer.
        12. 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:

          1. A summary of the charge(s) and the incident from which these charge(s) originated;
          2. The Administrative Hearing Officer’s findings and rationale;
          3. The Administrative Hearing Officer’s sanction(s) if any; and
          4. A statement describing the charged student’s right to appeal and the procedures for doing so.
        13. The Office of Student Conduct will notify the charged student and the complainant via e-mail of the outcome, rationale, proposed sanction(s) (if any), and the right of appeal. The Office of Student Conduct will notify the victim of sexual assault or sexual harassment of the outcome and sanctions applied and the right of appeal.
        14. The charged student may appeal the Administrative Hearing Officer’s decision within 5 business days of the date on which the decision was sent.
        15. A copy of the Administrative Hearing Officer’s decision will be maintained in the Office of Student Conduct in accordance with the retention policy, as defined in Section II.G.
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        17. Requests for Appeal

          1. Appeal of Recommended Sanction(s) (Request for Reconsideration of Sanction(s))

            1. The charged 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.
            2. The Request for Reconsideration of Sanction(s) must be computer-printed and must explain why the sanction(s) are inappropriate or unreasonable. The request may include what sanction(s) the charged student feels are appropriate. The request shall be prepared by the charged student with the assistance of his or her student conduct advisor and shall be limited to three double-spaced pages with one-inch margins and a 12-point font. The request shall not include information disputing the charge(s) nor shall it include citations to authorities outside the University. At his or her discretion, the chairperson on the Appellate Board may reject all pages beyond the three-page limit or reject the entire Request if it contains citations to authorities outside the University or appears not to have been completed by the charged student.
            3. 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 and a 12-point font, to the Office of Student Conduct within 5 business days of the date on which the Request was sent. At his or her discretion, the chairperson of the Appellate Board may disregard all pages beyond the three-page limit.
            4. The Request for Reconsideration of Sanction(s) will also be sent to the victim of sexual assault or sexual harassment. The victim may submit a response, limited to three double-spaced pages with one-inch margins and a 12-point font, to the Office of Student Conduct within 5 business days of the date on which the Request was sent. At his or her discretion, the chairperson of the Appellate Board may disregard all pages beyond the three-page limit or if it appears not to have been completed by the victim.
            5. 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.
            6. 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;
              2. Reduce or otherwise limit the sanction(s) described in the pre-hearing. A reduction in penalty or duration may be accompanied by the imposition of a fee or educational assignment(s) or exercise(s); or
              3. Increase the sanction(s) described in the pre-hearing.

            7. The Appellate Board’s decision is final and will be implemented immediately by the Office of Student Conduct. The student and victim of sexual assault or sexual harassment 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.
            8. A copy of the Appellate Board’s decision will be maintained in the Office of Student Conduct in accordance with the retention policy, as defined in Section II.G.
          2. Appeal of Decision of Administrative Hearing

            1. The charged student or victim of sexual assault or sexual harassment 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.
            2. A charged 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.
            3. An appeal request submitted by a charged student 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.
            4. An appeal request submitted by a victim of sexual assault or sexual harassment 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;
              3. The sanction imposed is inappropriate or unreasonable; or
              4. A violation of the victim's rights (as defined in Section II.C.2) occurred.
            5. The appeal request must be computer printed and cite one or more of the reasons above. 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 charged student (with the assistance of his or her student conduct advisor) or vicitm of sexual assault or sexual harassment (with the assistance of his or her advocate) and shall be limited to three double spaced pages with one-inch margins and a 12-point font. The statement of appeal shall not include citations to authorities outside the University. At her or his discretion, the chairperson of the Appellate Board may disregard all pages beyond the three-page limit or reject the entire appeal if it contains citations to authorities outside the University or appears not to have been prepared by the charged student or victim of sexual assault or sexual harassment.
            6. 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:

              1. the complainant;
              2. the Administrative Hearing Officer or Appellate Board chairperson;
              3. the victim of sexual assault or sexual harassment (for an appeal submitted by a charged student);
              4. the charged student (for an appeal submitted by a victim of sexual assault or sexual harassment); and
              5. any other party deemed appropriate by the University.
            7. The above parties may submit a response, limited to three double-spaced pages with one-inch margins and a 12-point font, to the Office of Student Conduct within 5 business days of the date on which the appeal was sent. At his or her discretion, the chairperson of the Appellate Board may disregard all pages beyond the three-page limit.
            8. The written appeal, responses from all appropriate parties and all documentation contained within the charged student’s disciplinary file will be reviewed in a closed meeting by a quorum of the Appellate Board.
            9. The Appellate Board, by majority vote, may decide to:

              1. Deny the appeal;
              2. Reduce or otherwise limit the sanction(s) applied as a result of the Administrative Hearing. A reduction in penalty or duration may be accompanied by the imposition of a fee or educational assignment(s) or exercise(s);
              3. Increase the sanction(s) applied as the result of the Administrative Hearing (permitted only if the Appellate Board reviews relevant portions of the hearing recording that support the increase in sanctions);
              4. Change the decision regarding responsibility on any or all charges (permitted only if the Appellate Board reviews the hearing recording in its entirety);
              5. Delay a final review of the appeal to receive additional information regarding issues raised in the appeal. Responses may be solicited from the charged student, the victim of sexual assault or sexual harassment, the complainant, the Administrative Hearing Officer, and any relevant witnesses; or
              6. Direct the Office of Student Conduct to provide a new hearing conducted by the Appellate Board, (to determine responsibility or sanctions); or
              7. Allow the case to be handled beginning at any specific stage of the Student Conduct process (as the result of a due process or victim's rights violation).
            10. The Appellate Board’s decision is final except when:

              1. Responsibility is changed from Not Responsible to Responsible and/or the sanctions are increased. In this situation, the charged student will have the opportunity to appeal this outcome and request only that responsibility and/or sanctions be reverted to the status made at the hearing stage. This appeal must be submitted within 5 business days of receiving the Appellate Board decision, and must follow the content and length requirements as outlined in Section D.2.a.xvi.b; or
              2. The case is handled at any specific stage of the Student Conduct process. In this situation, the procedural and appeal rights available at that specific stage will be honored.
            11. The charged student, victim of sexual assault or sexual harassment complainant and Administrative Hearing Officer will receive notice of the decision. A copy of this notice will be entered into the student's disciplinary file and will be maintained in the Office of Student Conduct in accordance with the retention policy, as defined in Section II.G.

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      2. For Administrative Hearings involving all other charges, the Administrative Hearing Officer will conduct the hearing according to the following procedures:

        1. The complainant, the charged student, the advisor (if any), an Office of Student Conduct designee, shall be present for the entirety of the hearing.
        2. A witness (including any victim, with an advocate, if any) may only be present during the time he or she presents information or makes a victim’s impact statement. 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.
        3. Hearings shall be closed to all other parties.
        4. 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.
        5. 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.
        6. 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). This response may include additional information (such as written documents, photographs, audio/video files, etc.) to be added to the student's disciplinary file, which will then become a permanent part of that file. The complainant may question the charged student and the charged 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.
        7. The Administrative Hearing Officer may exclude any information that is irrelevant or redundant to the allegations.
        8. Proof that the violation occurred must be established by a preponderance of the information, meaning it is more likely than not the allegations are true.
        9. 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 appropriateness and reasonableness of the sanctions.
        10. An audio recording will be made of all Administrative Hearings, for review and appeal purposes. To protect student confidentiality and the integrity of its process, the University does not provide copies of these audio recordings.  However, to aid in the preparation of his or her appeal, an appealing student may listen to the audio recording and may be accompanied by his or her advisor or advocate.  No copies or recordings of any kind may be made by the student. No other electronic devices (including, but not limited to, cellphones, computers and additional recorders) may be used during the hearing, unless expressly permitted by the Administrative Hearing Officer.
        11. 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:

          1. A summary of the charge(s) and the incident from which these charge(s) originated;
          2. The Administrative Hearing Officer’s findings and rationale;
          3. The Administrative Hearing Officer’s sanction(s) if any; and
          4. A statement describing the charged student’s right to appeal and the procedures for doing so.
        12. The Office of Student Conduct will notify the charged student and the complainant via e-mail of the outcome, rationale, proposed sanction(s) (if any), and the right of appeal. The Office of Student Conduct will notify the victim of any outcome or sanction that affects him or her.
        13. The charged student may appeal the Administrative Hearing Officer’s decision within 5 business days of the date on which the decision was sent.
        14. A copy of the Administrative Hearing Officer’s decision will be maintained in the Office of Student Conduct in accordance with the retention policy, as defined in Section II.G.
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        16. Requests for Appeal

          1. Appeal of Recommended Sanction(s) (Request for Reconsideration of Sanction(s))

            1. The charged 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 charged 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.
            2. The Request for Reconsideration of Sanction(s) must be computer-printed and must explain why the sanction(s) are inappropriate or unreasonable. The request may include what sanction(s) the charged student feels are appropriate. The request shall be prepared by the charged student with the assistance of his or her student conduct advisor and shall be limited to three double-spaced pages with one-inch margins and a 12-point font. The request shall not include information disputing the charge(s) nor shall it include citations to authorities outside the University. At his or her discretion, the chairperson on the Appellate Board may reject all pages beyond the three-page limit or reject the entire Request if it contains citations to authorities outside the University or appears not to have been completed by the student.
            3. 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, including the victim (if applicable). These parties may submit a response, limited to three double-spaced pages with one-inch margins and a 12-point font, to the Office of Student Conduct within 5 business days of the date on which the Request was sent. At his or her discretion, the chairperson of the Appellate Board may disregard all pages beyond the three-page limit.
            4. The written request, responses from all appropriate parties and the charged student’s entire disciplinary file will be reviewed in a closed meeting by a quorum of the Appellate Board.
            5. 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.  

              3. Reduce or otherwise limit the sanction(s) decribed in the pre-hearing. A reduction in penalty or duration may be accompanied by the imposition of a fee or educational assignment(s) or exercise(s).

            6. The Appellate Board’s decision is final and will be implemented immediately by the Office of Student Conduct. The charged student will receive notice of the decision. The victim will receive notice of the decision and any sanction which affects him or her. 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.
            7. A copy of the Appellate Board’s decision will be maintained in the Office of Student Conduct in accordance with the retention policy, as defined in Section II.G.
          2. Appeal of Decision of Administrative Hearing

            1. 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.
            2. A charged 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.
            3. 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.
            4. The appeal request must be computer printed and cite one or more of the reasons above. 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 student conduct advisor and shall be limited to three double spaced pages with one-inch margins and a 12-point font. The statement of appeal shall not include citations to authorities outside the University. At her or his discretion, the chairperson of the Appellate Board may disregard all pages beyond the three-page limit or reject the entire appeal if it contains citations to authorities outside the University or appears not to have been prepared by the student.
            5. 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 or Appellate Board chairperson, and any other party deemed appropriate by the University, including the victim. These parties may submit a response, limited to three double-spaced pages with one-inch margins and a 12-point font, to the Office of Student Conduct within 5 business days of the date on which the appeal was sent. At his or her discretion, the chairperson of the Appellate Board may disregard all pages beyond the three-page limit.
            6. 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.
            7. The Appellate Board, by majority vote, may decide to:

              1. Deny the appeal;
              2. Reduce or otherwise limit the sanction(s) applied as a result of the Administrative Hearing. A reduction in penalty or duration may be accompanied by the imposition of a fee or educational assignment(s) or exercise(s);
              3. Delay a final review of the appeal to receive additional information regarding specific issues raised in the appeal. Responses may be solicited 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.
            8. The Appellate Board’s decision, except any decision reached as the result of a re-hearing initiated as a due process violation, is final and will be implemented immediately by the Office of Student Conduct. The student, complainant and Administrative Hearing Officer will receive notice of the decision. A copy of this notice will be entered into the student’s disciplinary file and will be maintained in the Office of Student Conduct in accordance with the retention policy, as defined in Section II.G
            9. A decision reached as a result of a re-hearing initiated as a result of a due process violation will be subject to all appeal options as described in Section 2.b.xvi.
          3. Appeal Initiated by Victim

            1. A victim (as defined in Section II.C.3.a) 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.
            2. The appeal request must be computer printed and shall be limited to three double spaced pages with one-inch margins and a 12-point font. The statement of appeal shall be prepared by the student with the assistance of his or her advocate only and shall not include citations to authorities outside the University. At her or his discretion, the chairperson may disregard all pages beyond the three-page limit or reject the entire appeal if it contains citations to authorities outside the University or appears not to have been prepared by the student.
            3. An appeal request may only allege that a violation of the victim’s rights (as defined in Section II.C.3.b) occurred.
            4. 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 charged student, 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 and a 12-point font, to the Office of Student Conduct within 5 business days of the date on which the appeal was sent. At her or his discretion, the chairperson may disregard all pages beyond the three-page limit.
            5. The Appellate Board, by majority vote, may decide to:

              1. Deny the appeal;
              2. Delay a final review of the appeal to receive additional information regarding specific issues raised in the appeal. Responses may be solicited from the charged student, the vitctim, the complainant, the Administrative Hearing Officer, and any relevant witnesses; or
              3. Grant the appeal and direct the Office of Student Conduct to provide a new hearing conducted by the Appellate Board.

                1. The outcome of a new hearing may result in:

                  1. The same decision regarding responsibility and sanctions as made by the original Administrative Hearing Officer;
                  2. The same decision regarding responsibility but different sanctions as made by the original Administrative Hearing Officer; or
                  3. A different decision regarding responsibility and a different decision regarding sanctions as made by the original Administrative Hearing Officer.
                2. The decision of the re-hearing by the Appellate Board is final, unless the charged student had not exercised his/her right to appeal the decision reached by the Administrative Hearing Officer. In such cases, the charged student may submit an appeal as outlined for the charged student above, with a decision on the merits of this appeal to be decided by an Appellate Board comprised of different members.
            6. A copy of the Administrative Hearing Officer’s decision will be maintained in the Office of Student Conduct in accordance with the retention policy, as defined in Section II.G.

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    4. Operations of the Appellate Board
      1. Jurisdiction
      2. 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.

      3. Composition
      4. The Appellate Board shall be composed of at least 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.

      5. Quorum
      6. A quorum consists of 3 board members, provided that at least 1 undergraduate student, 1 University official, and 1 faculty member must be present.

      7. 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.

      8. Selection of Appellate Board Members
      9. Members of the Appellate Board shall be selected as follows:

        1. Applicants
        2. 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 Life; 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.

        3. Selection
        4. 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.

        5. Appointments
        6. 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.

      10. Responsibilities

      Each member shall have the following responsibilities:

        1. To make attendance a priority. Frequent absences are grounds for removal;
        2. 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;
        3. 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; and
        4. To notify the chairperson if any person attempts to influence a case or decision before the member.

      1. Removal of Appellate Board Members

        1. 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.
        2. 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.
        3. 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.
        4. The Dean of Students shall make the final determination concerning removal or any other appropriate action.

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  6. Procedures for Graduate Student Conduct Process
  7. 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.

    1. Initiation of the Student Conduct Process

      1. Any person may initiate a complaint against a graduate student by filing a 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.

        1. Students seeking to file a complaint of disability discrimination or sex discrimination or harassment against faculty, employees or third parties must use the ADA and Title IX processes as outlined in Section IV.B.3.a.
        2. Students seeking to file a complaint of disability discrimination or sex discrimination or harassment against another student must use the ADA and Title IX processed outlined in Section IV.B.3.b.
      2. The notice to the charged student shall include:
        1. 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 known potential witnesses, assuming the potential witnesses agree to be identified and participate;
        2. The charged studentís rights, including a description of the procedures to be used at the either an Administrative Action Hearing or a Graduate Board Hearingand the possible sanction(s) that may be rendered; and
        3. A statement that the charged student must meet with the Assistant Provost for Graduate and Professional Education within 5 business days of the date on which the notice was sent. Failure to attend this pre-hearing meeting may result in a finding of responsible based only on input from the complainant.

      3. During the pre-hearing meeting(s), the charged student will be:
        1. invited to review and discuss information contained in his or her disciplinary file;
        2. encouraged to ask questions concerning the complaint;
        3. informed of the student's rights within the Student Conduct System, including the options for resolving the charge(s); and
        4. presented with the following options:

          1. To accept responsibility and request an Administrative Action Hearing for the purpose of determining and applying the appropriate sanctions; or
          2. To deny the charge(s) and request a hearing by the Graduate Hearing Board.

      4. If a charged 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 studentís absence.

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    2. Procedures for Administrative Action Hearings

      1. The Administrative Action Hearing is in lieu of the student’s right to a Graduate Board Hearing, and the charged student must sign a statement waiving his or her right to a Graduate Board Hearing.
      2. The Assistant Provost for Graduate and Professional Education or his or her 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 charged student is obtained, this information will be shared with the charged student before sanctions are applied.
      3. A charged student may appeal the sanctions applied as a result of an Administrative Action Hearing based on the following procedures:

        1. The charged student may submit a written request for appeal to the Vice Provost for Graduate and Professional Education within 5 business days of the date on which the written decision was sent. Should the charged 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.
        2. The appeal request must allege that the sanction(s) imposed is inappropriate or unreasonable. The request may include what sanction(s) the charged student feels are appropriate.
        3. The written request must be computer printed and shall be limited to five double-spaced pages with one-inch margins and a 12-point font. The written request may be accompanied by documentation supporting the grounds for appeal.
        4. 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, and any other relevant party, including any victim. These parties may submit a response in writing to the Vice Provost for Graduate and Professional Education within 5 business days of the date on which the appeal was sent.
        5. The Vice Provost for Graduate and Professional Education will review the written request, and may review any other documents presented as part of the appeal, and will determine whether there are sufficient grounds to adjust the sanctions.
        6. If the appeal is granted, the Vice Provost for Graduate and Professional Studies will impose adjusted sanctions and notify the student and all other parties deemed appropriate by the Vice Provost for Graduate and Professional Studies of the sanctions and the case will be closed.  
        7. If the appeal is denied, the sanctions recommended in the Administrative Action Hearing will become effective immediately. The charged student and all other parties deemed appropriate by the Vice Provost for Graduate and Professional Studies will be notified of the denial and the case will be closed.
      4. The outcome of the Administrative Action Hearing will be maintained in the Office of Graduate and Professional Studies in accordance with the retention policy, as defined in Section II.G.
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    4. Procedures for Graduate Board Hearings

      1. For Graduate Board Hearings involving charges of sexual assault or sexual harassment (and any other concurrent charges), the chairperson of the Graduate Hearing Board will conduct the hearing according to the following procedures:
        1. Graduate Board Hearings shall be open to the complainant, the charged student, the advisor (if any) and the Assistant Provost for Graduate and Professional Education or designee for the entirely of the hearing.
        2. Victim(s) of sexual assault or sexual harassment (and advocate, if any) may be present for all or any part of the hearing he or she wishes to attend.
        3. Witnesses shall be present only during the time he or she is sharing information regarding the incident.
        4. Hearings shall be closed to all other parties.
        5. 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.
        6. The complainant shall present the case against the charged student and may present witnesses to support the complaint. The charged student shall have the opportunity to question the complainant and the complainant’s witnesses who are present for the hearing, with the exception that the charged student may not directly address or ask questions of the victim of sexual assault or sexual harassment. Rather, questions shall be provided to the chairperson of the Graduate Hearing Board, who, after screening for appropriateness and relevance, shall ask the questions to the victim. The victim may elect to have the charged student directly ask questions. 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.
        7. Proof that the violation occurred must be established by a preponderance of the information, meaning it is more likely than not the allegations are true.
        8. 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.
        9. After all information has been presented and both the complainant and the charged student have been given an opportunity for a final statement, the chairperson of the Graduate Hearing Board will close the hearing.
        10. 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 sanctions.
        11. The Assistant Provost for Graduate and Professional Education or designee will make an audio recording of all hearings. To protect student confidentiality and the integrity of its process, the University does not provide copies of these audio recordings. However, to aid in the preparation of his or her appeal, an appealing student may listen to the audio recording in the presence of the Assistant Provost for Graduate and Professional Education or designee and may be accompanied by his or her advisor or advocate. No other electronic devices (including, but not limited to, cellphones, computers and additional recorders) may be used during the hearing, unless expressly permitted by the Assistant Provost for Graduate and Professional Education.
        12. 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:

          1. A summary of the complaint and the charge(s);
          2. A summary of information presented at the hearing;
          3. A summary of the Graduate Hearing Board’s findings and rationale;
          4. The Graduate Hearing Board’s proposed sanction(s) (if any) and rationale; and
          5. A statement describing the charged student’s right to appeal and the procedures for doing so.
        13. The Assistant Provost for Graduate and Professional Education will notify the charged student, the complainant and the victim of sexual assault or sexual harassment of the findings, rationale, proposed sanction(s) (if any), and the appeal rights.
        14. The charged student may appeal the Graduate Hearing Board’s decision within 5 business days of the date on which the decision was sent.
        15. A copy of the Graduate Hearing Board’s decision will be maintained in the Office of Graduate and Professional Education in accordance with the retention policy, as defined in Section II.G.
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        17. Requests for Appeal of Graduate Hearing Board Decision

          1. Initiated by the charged student:

            1. The charged student may submit a written request for appeal to the Vice Provost for Graduate and Professional Education within 5 business days of the date on which the written decision was sent. Note: A student who accepts responsibility for violating the Code of Conduct waives his or her right to an appeal.
            2. The appeal request must allege:

              1. The decision is contrary to information presented at the hearing or contrary to new information not known at the time of the hearing;
              2. Any hearing procedure was not properly followed; or
              3. The sanction imposed is inappropriate or unreasonable.
            3. The written request must be computer printed and shall be limited to five double-spaced pages with one-inch margins and a 12-point font. The written request may be accompanied by documentation supporting the grounds for appeal.
            4. 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 chairperson of the Graduate Hearing Board, and any other relevant party, including the victim of sexual assault or sexual harassment. These parties may submit a response in writing to the Vice Provost for Graduate and Professional Education within 5 business days of the date on which the request was sent.
            5. The Vice Provost for Graduate and Professional Education will review the written request, and may listen to the recording of the Graduate Board Hearing, may review any documents presented during the Graduate Board Hearing, and will determine whether there are sufficient grounds for an Appellate Hearing and, if so, will defer the imposition of the sanction imposed by the Graduate Hearing Board pending the decision on the appeal.
            6. 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 an Appellate Hearing.
            7. 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.
            8. The only persons permitted to attend the Appellate Hearing will be:

              1. The complainant;
              2. the charged student;
              3. the charged student’s advisor from the Graduate Board Hearing (if any);
              4. the victim of sexual assault or sexual harassment (and an advocate, if any);
              5. witnesses if their presence is necessary (as determined by the Vice Provost for Graduate and Professional Education);
              6. the Assistant Provost for Graduate and Professional Education; and
              7. the Vice Provost for Graduate and Professional Education or his or her designee (who may not have been a member of the Graduate Hearing Board.)
            9. Failure to attend an Appellate Hearing by the charged student or complainant 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.
            10. The Vice Provost for Graduate and Professional Education will open the Appellate Hearing by reading the request for appeal and informing the persons involved of the appellate hearing procedures, including:

              1. The charged student may make a brief statement of the reasons for the appeal. If those reasons include new information, the charged student may present such information, and present such information, and new witnesses presented (if any) will be subject to cross-examination.
              2. The complainant may then address the specific issues presented in the request for appeal.
              3. The victim of sexual assault or sexual harassment may address the specific issues presented in the request for appeal.

            11. 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.
            12. 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 charged student, the complainant, and the chairperson of the Graduate Hearing Board.
            13. The decision of the Vice Provost for Graduate and Professional Education is final and will be implemented immediately.
            14. A copy of the Vice Provost for Graduate and Professional Education's decision will be maintained in the Office of Graduate and Professional Education in accordance with the retention policy, as defined in Section II.G.
          2. Initiated by a victim of sexual assault or sexual harassment:

            1. The victim of sexual assault or sexual harassment may submit a written request for appeal to the Vice Provost for Graduate and Professional Education within 5 business days of the date on which the written decision was sent.
            2. The appeal request must allege:

              1. The decision is contrary to information presented at the hearing or contrary to new information not known at the time of the hearing;
              2. Any hearing procedure was not properly followed;
              3. The sanction imposed is inappropriate or unreasonable; or
              4. A violation of the victim’s rights (as defined in Section II.C.2) occurred.
            3. The written request must be computer printed and shall be limited to five double-spaced pages with one-inch margins and a 12-point font. The written request may be accompanied by documentation supporting the grounds for appeal.
            4. 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 chairperson of the Graduate Hearing Board, and any other relevant party including the charged student. These parties may submit a response in writing to the Vice Provost for Graduate and Professional Education within 5 business days of the date on which the request was sent.
            5. The Vice Provost for Graduate and Professional Education will review the written request, and may listen to the recording of the Graduate Board Hearing, may review any documents presented during the Graduate Board Hearing, and will determine whether there are sufficient grounds for an Appellate Hearing and, if so, will defer the imposition of the sanction imposed by the Graduate Hearing Board pending the decision on the appeal.
            6. 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 an Appellate Hearing.
            7. If the appeal is granted, the Vice Provost for Graduate and Professional Education will notify the victim of sexual assault or sexual harassment, charged student and the complainant of the time and place of the appellate hearing.
            8. The only persons permitted to attend the Appellate Hearing will be:

              1. The complainant;
              2. the charged student;
              3. the charged student’s advisor from the Graduate Board Hearing (if any);
              4. the victim of sexual assault or sexual harassment (and an advocate, if any);
              5. witnesses if their presence is necessary (as determined by the Vice Provost for Graduate and Professional Education); and
              6. the Assistant Provost for Graduate and Professional Education, and
              7. the Vice Provost for Graduate and Professional Education or his or her designee (who may not have been a member of the original Graduate Hearing Board.)
            9. Failure to attend an Appellate Hearing by the charged student or complainant 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.
            10. The Vice Provost for Graduate and Professional Education will open the Appellate Hearing by reading the request for appeal and informing the persons involved of the appellate hearing procedures, including:

              1. The victim of sexual assault or sexual harassment may make a brief statement of the reasons for the appeal. If those reasons include new information, the victim may present such information, and new witnesses presented (if any) may be subject to questioning.
              2. The complainant may then address the specific issues presented in the request for appeal.
              3. The charged student may address the specific issues presented in the request for appeal.
            11. 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.
            12. 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 charged student, the complainant, and the chairperson of the Graduate Hearing Board.
            13. The decision of the Vice Provost for Graduate and Professional Education is final and will be implemented immediately, unless the outcome of the Appellate Hearing is different than the decision implemented as a result of the Graduate Board Hearing and the charged student did not submit an appeal of that outcome. In such an instance, the charged student may submit an appeal within five business days of the date on which the Appellate Hearing was sent and shall follow the procedures as outlined for the charged student above.
            14. A copy of the Vice Provost for Graduate and Professional Education's decision will be maintained in the Office of Graduate and Professional Education in accordance with the retention policy, as defined in Section II.G.

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      2. For Graduate Board Hearings involving all other charges, the chairperson of the Graduate Hearing Board will conduct the hearing according to the following procedures:

        1. Graduate Board Hearings shall be open to the complainant, the charged student, the advisor (if any) and the Assistant Provost for Graduate and Professional Education or designee for the entirely of the hearing.
        2. Witnesses (including victims, and an advocate, if any) shall be present only during the time he or she is sharing information regarding the incident or making a victim’s impact statement.
        3. Hearings shall be closed to all other parties.
        4. 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.
        5. The complainant shall present the case against the charged student and may present witnesses to support the complaint. The charged student shall 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.
        6. Proof that the violation occurred must be established by a preponderance of the information, meaning it is more likely than not the allegations are true.
        7. 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.
        8. After all information has been presented and both the complainant and the charged student have been given an opportunity for a final statement, the chairperson of the Graduate Hearing Board will close the hearing.
        9. 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.
        10. The Assistant Provost for Graduate and Professional Education or designee will make an audio recording of all hearings. To protect student confidentiality and the integrity of its process, the University does not provide copies of these audio recordings. However, to aid in the preparation of his or her appeal, an appealing student may listen to the audio recording in the presence of the Assistant Provost for Graduate and Professional Education or designee and may be accompanied by his or her advisor or advocate. No other electronic devices (including, but not limited to, cellphones, computers and additional recorders) may be used during the hearing, unless expressly permitted by the Assistant Provost for Graduate and Professional Education.
        11. 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:

          1. A summary of the complaint and the charge(s);
          2. A summary of information presented at the hearing;
          3. A summary of the Graduate Hearing Board’s findings and rationale;
          4. The Graduate Hearing Board’s proposed sanction(s) (if any) and rationale; and
          5. A statement describing the charged student’s right to appeal and the procedures for doing so.
        12. The Assistant Provost for Graduate and Professional Education will notify the charged student and the complainant of the findings, rationale, proposed sanction(s) (if any), and the appeal rights. The Assistant Provost for Graduate and Professional Education will notify the victim of the findings and any sanction that affects him or her.
        13. The charged student may appeal the Graduate Hearing Board’s decision within 5 business days of date on which the decision was sent.
        14. A copy of the Graduate Hearing Board’s decision will be maintained in the Office of Graduate and Professional Education according to the retention policy, as defined in Section II.G.
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        16. Requests for Appeal of Decision of Graduate Hearing Board:

          1. Initiated by the charged student:

            1. The charged student may submit a written request for appeal to the Vice Provost for Graduate and Professional Education within 5 business days of the date on which the written decision was sent. Note: A student who accepts responsibility for violating the Code of Conduct waives his or her right to an appeal.
            2. The appeal request must allege:

              1. The decision is contrary to information presented at the hearing or contrary to new information not known at the time of the hearing;
              2. Any hearing procedure was not properly followed; or
              3. The sanction imposed is inappropriate or unreasonable.
            3. The written request must be computer printed and shall be limited to five double-spaced pages with one-inch margins and a 12-point font. The written request may be accompanied by documentation supporting the grounds for appeal.
            4. 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 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 the date on which the request was sent.
            5. The Vice Provost for Graduate and Professional Education will review the written request, and may listen to the recording of the Graduate Board Hearing, review any documents presented during the Graduate Board Hearing, and will determine whether there are sufficient grounds for an Appellate Hearing and, if so, will defer the imposition of the sanction imposed by the Graduate Hearing Board pending the decision on the appeal.
            6. 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 an Appellate Hearing.
            7. 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.
            8. The only persons permitted to attend the Appellate Hearing will be:

              1. The complainant;
              2. the charged student;
              3. the charged student’s advisor from the Graduate Board Hearing (if any);
              4. witnesses (including any victim, and an advocate, if any) if their presence is necessary (as determined by the Vice Provost for Graduate and Professional Education);
              5. the Assistant Provost for Graduate and Professional Education; and
              6. the Vice Provost for Graduate and Professional Education or his or her designee (who may not have been a member of the original Graduate Hearing Board.)
            9. Failure to attend an Appellate Hearing by the charged student or complainant 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.
            10. The Vice Provost for Graduate and Professional Education will open the Appellate Hearing by reading the request for appeal and informing the persons involved of the appellate hearing procedures, including:

              1. The charged student may make a brief statement of the reason(s) for the appeal. If those reasons include new information, the charged student may present such information, and new witnesses (if any) may be subject to questioning by the charged student, the complainant and the Vice Provost for Graduate and Professional Education.
              2. The complainant may then address the specific issues presented in the request for appeal.
            11. 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.
            12. 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 charged student, the complainant, and the chairperson of the Graduate Hearing Board.
            13. The decision of the Vice Provost for Graduate and Professional Education is final and will be implemented immediately.
            14. A copy of the Vice Provost for Graduate and Professional Education's decision will be maintained in the Office of Graduate and Professional Education in accordance with the retention policy, as defined in Section II.G.
          2. Initiated by a victim:

            1. The victim may submit a written request for appeal to the Vice Provost for Graduate and Professional Education within 5 business days of the date on which the written decision was sent.
            2. The appeal request may only allege a violation of the victim’s rights (as defined in Section II.C.3) occurred.
            3. The written request must be typed or computer printed and shall be limited to five double-spaced pages with one-inch margins and a 12-point font. The written request may be accompanied by documentation supporting the grounds for appeal.
            4. 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 chairperson of the Graduate Hearing Board, and any other relevant party including the charged student. These parties may submit a response in writing to the Vice Provost for Graduate and Professional Education within 5 business days of the date on which the request was sent.
            5. The Vice Provost for Graduate and Professional Education will review the written request, and may listen to the recording of the Graduate Board Hearing, review any documents presented during the Graduate Board Hearing, and will determine whether there are sufficient grounds for an Appellate Hearing and, if so, will defer the imposition of the sanction imposed by the Graduate Hearing Board pending the decision on the appeal.
            6. 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 an Appellate Hearing.
            7. If the appeal is granted, the Vice Provost for Graduate and Professional Education will notify the charged student and the complainant and the victim of the time and place of the appellate hearing.
            8. The only persons permitted to attend the Appellate Hearing will be:

              1. The complainant;
              2. the charged student;
              3. the charged student’s advisor from the Graduate Board Hearing (if any);
              4. witnesses (including any victim, and advocate, if any) if their presence is necessary (as determined by the Vice Provost for Graduate and Professional Education);
              5. the Assistant Provost for Graduate and Professional Education; and
              6. the Vice Provost for Graduate and Professional Education or his or her designee (who may not have been a member of the original Graduate Hearing Board.)
            9. Failure to attend an Appellate Hearing by the charged student or complainant 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.
            10. The Vice Provost for Graduate and Professional Education will open the Appellate Hearing by reading the request for appeal and informing the persons involved of the appellate hearing procedures, including:

              1. The victim may make a brief statement explaining why he or she feels a violation of victim's rights occurred.
              2. The complainant may then address the specific issues presented in the request for appeal.
              3. The charged student may address the specific issues presented in the request for appeal.
            11. 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.
            12. 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 charged student, the complainant, and the chairperson of the Graduate Hearing Board.
            13. The decision of the Vice Provost for Graduate and Professional Education is final and will be implemented immediately, unless the outcome of the Appellate Hearing is different that the decision implemented as a result of the Graduate Board Hearing and the charged student did not submit an appeal of that outcome. In such an instance, the charged student may submit an appeal within five business days of the date on which the Appellate Hearing was sent and shall follow the procedures as outlined for the charged student above.
            14. A copy of the Vice Provost for Graduate and Professional Education's decision will be maintained in the Office of Graduate and Professional Education in accordance with the retention policy, as defined in Section II.G.
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    6. University Graduate Hearing Board
      1. Jurisdiction

        The Graduate Hearing Board will have jurisdiction over alleged violations of the Code of Conduct by graduate students when the charged student contests the pending charge(s).

      2. Composition
      3. The Graduate Hearing Board shall consist of 3 faculty members approved by the chairperson of the Faculty Senate Committee on Graduate Studies. At least 1 faculty member will be from the studentís department, program, or non-departmentalized college, and 2 faculty members will be members of the Faculty Senate Committee on Graduate Studies. The chairperson of the Graduate Hearing Board may not be from the charged student's academic program.

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  8. Procedures for Student Organizations
    1. 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.
    2. An Administrative Hearing for a student organization will be processed by the Undergraduate Student Conduct System. Hearings will be conducted with the organizationís highest ranking officer representing the organization.
    3. 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.
    4. 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.

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  9. Retention of Disciplinary Records
  10. The Universityís retention policy is as follows:

    1. For a student enrolled in Bachelor's, Master's or doctoral degree programs:

      1. When an outcome of responsible is reached, and all appeal rights have been exhausted, and as a result a student receives any sanction other than suspension or expulsion, all records will be retained in the studentís disciplinary file until the studentís 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.
      2. When an outcome of responsible is reached, and all appeal rights have been exhausted, and as a result a student is suspended from the University, all records will be retained in the studentís disciplinary file for 5 calendar years after the studentís actual or anticipated graduation, whichever occurs later.
      3. When an outcome of responsible is reached, and all appeal rights have been exhausted, and as a result a student is expelled from the University, all records will be permanently retained in the studentís disciplinary file.
    2. For a student enrolled in an Associate in Arts degree program:

      1. When an outcome of responsible is reached, and all appeal rights have been exhausted, and as a result a student receives any sanction other than suspension or expulsion, all records will be retained in the student’s disciplinary file until:

        1. the student's graduation from a bachelor's degree program; or
        2. in the event the student does not matriculate into a bachelor's degree program, fifteen months after obtaining an Associate's degree; or
        3. in the event ceases to maintain his or her matriculated status in the Associate in Arts program, fifteen months past the student's original anticipated graduation date from the Associate in Arts program.
      2. When an outcome of responsible is reached, and all appeal rights have been exhausted, and as a result a student 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 with a bachelor’s degree, whichever occurs later.
      3. When an outcome of responsible is reached, and all appeal rights have been exhausted, and as a result a student is expelled from the University, all records will be permanently retained in the student’s disciplinary file.

    3. For a student organization, when an outcome of responsible is reached, and all appeal rights have been exhausted, all records will be maintained permanently.
    4. When an outcome of not responsible is reached and all appeal rights have been exhausted, or when the charge(s) is dropped, all records will be destroyed within 60 days of the final decision.
    5. Federal law currently requires the retention of certain data and records of certain disciplinary infractions. Where the above-described policy provides for the ďdestructionĒ of a record, the University, in order to comply with federal law, may accomplish such ďdestructionĒ by editing all student identifying information from such record.

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  11. Parental Notification
  12. As permitted by the Family Educational Rights and Privacy Act, when a final outcome of responsible is reached in cases involving alcohol, drugs or violence, or when a sanction of Deferred Suspension, Suspension or Expulsion is applied, the University will contact the parent or legal guardian of a student who is tax dependent as appropriate.

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  13. Emergency Suspension
  14. 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:

    1. An emergency suspension is an interim action, effective immediately.
    2. The emergency suspension shall last until the charged studentís case is resolved in accordance with prescribed procedures.
    3. Should the student request an Administrative Hearing, this hearing will take place within 3 business days from the imposition of the emergency suspension.
    4. At the conclusion of the hearing, the Administrative Hearing Officer shall decide whether to continue, alter or modify the emergency suspension. This decision will be shared with the charged student immediately after this decision is reached and cannot be appealed.
    5. Within 3 business days of the conclusion of the hearing, the Administrative Hearing Officer will render a final decision regarding responsibility and sanctions (if appropriate), which will be shared with the charged student, complainant and victims (if applicable).
    6. An appeal of the Administrative Hearing Officer's final decision will follow the standards outlined in Section D.2.a.xvi.b (for cases involving sexual assault or sexual harassment) or Section D.2.b.xv.b (for all other cases) except that all deadlines will be 3 business days rather than 5 business days.
    7. A request by the charged student for an extension of the date of the emergency suspension hearing date or for the appeal deadline, if granted, will be extended only for an additional two days and no further notice will be required.

    Note: In the case of certain criminal charges, the imposition of an Emergency Suspension may be superseded by the Withdrawal process set forth below.

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  15. Withdrawal When Certain Charges are Pending
    1. 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:
      1. 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 crime as listed above;
        2. the alleged crime, even if proven, has no bearing on any legitimate University interest; or
        3. the withdrawal is manifestly unjust.

      2. 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.
      3. 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 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.

    2. 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.

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