Student Conduct Code

Article IV: Disciplinary Policies

A. Charges and Hearings

1. Any member of the University community may file charges against any student for misconduct. Charges shall be prepared in writing and directed to the Vice President for Student Affairs. Any charge should be submitted as soon as possible after the event takes place, preferably within 48 (forty-eight) hours.

2. The Vice President for Student Affairs (or his or her designee) will conduct an investigation to determine if the complaint has merit and/or if it can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the Vice President for Student Affairs. Such disposition shall be final and there shall be no subsequent proceedings. If the charges cannot be disposed of by mutual consent, the matter shall be referred to the Student Affairs Committee.

3. All charges shall be presented to the accused student in written form. A time shall be set for a hearing, not less than five nor more than fifteen calendar days after the student has been notified. Maximum time limits for scheduling of hearings may be extended at the discretion of the Vice President for Student Affairs.

4. Hearings shall be conducted by a hearing body according to the following guidelines: a. Hearings normally shall be conducted in private. At the request of the accused student, and subject to the discretion of the chairperson, a representative of the student press may be admitted, but shall not have the privilege of participating in the hearing.

1) Admission of any person to the hearing shall be at the discretion of the hearing body and/or the Vice President for Student Affairs.

2) In hearings involving more than one accused student, the chairperson of the hearing body, in his or her discretion, may permit the hearings concerning each student to be conducted separately.

3) The complainant and the accused have the right to be assisted by any advisor they choose, at their own expense. The advisor may be an attorney. Advisors are not permitted to speak or to participate directly in any hearing before a hearing body.

4) The complainant, the accused and the hearing body shall have the privilege of presenting witnesses, subject to the right of cross examination by the hearing body.

5) Pertinent records, exhibits and written statements may be accepted as evidence for consideration by a hearing body at the discretion of the chairperson.

6) All procedural questions are subject to the final decision of the chairperson of the hearing body.

7) After the hearing, the hearing body shall determine (by majority vote if the hearing body consists of more than one person) whether the student has violated each section of the Student Conduct Code which the student is charged with violating.

8) The hearing bodys determination shall be made on the basis of whether it is more likely than not the accused student violated the Student Conduct Code.

5. There shall be a single verbatim record, such as a tape recording, of all hearings before a hearing body. The record shall be the property of the University.

6. Except in the case of a student charged with failing to obey the summons of a hearing body or University official, no student may be found to have violated the Student Conduct Code solely because the student failed to appear before a hearing body.

7. Students caught drinking in a residence hall will receive a sanction for a first time offense. The penalty will be community service, mandatory counseling and a requirement to develop and present a drug and alcohol awareness program in the hall in which the violation occurred. Second-time offenders will be suspended from the residence hall.

8. If the adjudicating case represents a second or greater allegation against the student, the hearing body will be provided with the record(s) of any of the previous disciplinary proceedings in which the student was found in violation.

B. Sanctions

1. The following sanctions may be imposed upon any student found to have violated the Student Conduct Code:

a. Warning - A notice in writing to the student that the student is violating or has violated institutional regulations.

b. Probation - A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any institutional regulation(s) during the probationary period.

c. Loss of Privileges - Denial of specified privileges for a designated period of time.

d. No fines - Published or otherwise shall be imposed.

e. Restitution - Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.

f. Discretionary Sanctions - Work assignments, service to the University or other related discretionary assignments (such assignments must have the prior approval of the Vice President for Student Affairs).

g. Residence Hall Suspension - Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.

h. Residence Hall Expulsion - Permanent separation of the student from the residence halls.

i. University Suspension - Separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.

j. University Expulsion - Permanent separation of the student from the University.

2. More than one of the sanctions listed above may be imposed for any single violation.

3. Other than University expulsion, disciplinary sanctions shall not be made part of the students permanent academic record, but shall become part of the students confidential record.

4. The following sanctions may be imposed upon groups or organizations:

a. Those sanctions listed above in Section B 1, a through e.

b. Deactivation - Loss of privileges, including University recognition, for a specified period of time.

5. Within three to five calendar days of the completion of the Category III hearing, the hearing body shall send its findings, a transcript of the hearing and its recommendation(s) to the Vice President for Student Affairs. A recommendation of the hearing panel shall be determined by concurrence of a simple majority of the members present and voting. If the student has violated the Student Conduct Code, the sanction(s) shall be recommended by the hearing body and imposed by the Vice President for Student Affairs. The Vice President for Student Affairs, upon review of the hearing bodys findings and any evidence he/she may wish to review, shall decide the disciplinary action to be taken and/or the sanction to be imposed. The Vice President for Student Affairs shall notify both the student and the Chair of the hearing body in writing of his/her decision.

6. In cases involving disciplinary actions which would result in sanctions less than suspension or expulsion, the decision of the Residential Hall Disciplinary Council and the Student Conduct Panel may be appealed to the Vice President for Student Affairs.

C. Summary Suspension

In certain circumstances, the Vice President for Student Affairs may impose a University or residence-hall suspension prior to the hearing before a hearing body.

1. Summary Suspension may be imposed only: a) to ensure the safety and well-being of members of the University community or preservation of University property; b) to ensure the students own physical or emotional safety and well-being; or c) if the student poses a definite threat of disruption of or interference with the normal operations of the University.

2. During the Summary Suspension, students shall be denied access to the residence halls and/or to the campus (including classes) and/or all other University activities or privileges for a student who might otherwise be eligible, as the President may determine appropriate.

D. Appeals

1. A disciplinary sanction of suspension or expulsion imposed by the Vice President for Student Affairs may be appealed by the accused to the President. Written notice of appeal may be filed through the Office of the Vice President for Student Affairs to the University President within forty-eight (48) hours of receipt of the decision of the Vice President for Student Affairs.

2. An appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents if one or more of the following occurs:

a. New evidence not available at the time of the hearing becomes available;

b. A violation of procedure by the hearing committee occurs.

3. The University Presidents decision is final.