Student Conduct Code

Procedure for Resolution of Student Conduct Cases

SECTION I.

Filing of Complaint

In order to file a complaint of misconduct against a student, two sequential steps must be followed:

(1) An Official Incident Form (OIF) must be completed and signed; and

(2) The completed and signed OIF must be submitted to the Office of the Vice President for Student Affairs.

Official Incident Forms may be obtained from most offices on campus, especially all Student Affairs offices, all academic deans offices, Scruggs University Center, Page Library, Public Safety Office and all residence halls. The Vice President for Student Affairs or his/her designee shall extend to the accused student an opportunity to attend a pre-investigation conference within 48 hours of the initial receipt of the OIF. The accused student will be notified as soon as possible either by mail, telephone or in person of the date, time and location of the pre-investigation conference. The pre-investigation conference is held within 72 hours of the initial receipt of the OIF.

SECTION II.

Pre-Investigation Conference

At the pre-investigation conference the accused student is:

(a) given an overview of how the Student Conduct System works;

(b) read the charges filed against him or her;

(c) informed of the disciplinary category in which the allegations will be adjudicated;

(d) informed of the possible disciplinary sanction(s) which could result if the allegations are substantiated;

(e) given the Student Conduct System Acknowledgement Form to read and subsequently sign;

(f) given written notification of the date, time and location of an informal investigation into the allegations;

(g) informed of his or her right to bring witnesses and evidence to the informal investigation; and

Student may receive sanction at this point (informal investigation) if case is minor. If this occurs, the case stops here. If the student is not pleased with the sanction, they can appeal to the Vice President for Student Affairs.

SECTION III.

Informal Investigation

The informal investigation is a fact-finding vis a vis adjudicating forum conducted by the Vice President for Student Affairs or his/her designee.

The following sequential procedure shall be observed:

(a) The Vice President for Student Affairs or his/her designee shall call the conference to order, ascertain the identification of all testifying parties and read the complaint which has been filed against the accused student;

(b) An opportunity is extended to the accused student to either agree or disagree with the information in the complaint;

(c) If the accused student agrees, the Vice President for Student Affairs or his/her designee informs the accused student that his or her statement of confirmation will be conveyed to the appropriate hearing officer(s) (i.e., Residence Hall Disciplinary Council, Student Conduct Panel, or Student Affairs Committee) for evaluation and sanctioning;

(d) The accused student is informed of the time, date and location of an automatic hearing prior to the adjournment of the informal investigation.

Student may receive sanction at this point (informal investigation) if case is minor. If this occurs, the case stops here. If the student is not pleased with the sanction, they can appeal to the Vice President for Student Affairs.

SECTION IV.

Disciplinary Categories I and II Hearings

All charges classified as Disciplinary Category I infractions shall be adjudicated by the Residence Hall Disciplinary Council (RHDC). The decisions of the RHDC may be appealed to the Vice President for Student Affairs. The decision of the Vice President for Student Affairs is final. All allegations classified as Disciplinary Category II infractions shall be adjudicated by the Student Conduct Panel. The decisions of the Student Conduct Panel may be appealed to the Vice President for Student Affairs. The decision of the Vice President for Student Affairs is final. The accused student may have an attorney or an advisor present for the hearing; however, the attorney or the advisor may not participate in the hearing. The presiding officer shall call the hearing to order, ascertain the identification of all testifying parties, and read the charges which have been filed against the accused student.

The following sequential procedure shall be observed throughout the remainder of the hearing:

(a) The oath of honesty shall be administered to all testifying parties;

(b) The complainant is extended the opportunity to state the charges filed against the accused student and present any witnesses and/or corroborating evidence;

(c) The accused student is extended the opportunity to respond to the charges and introduce witnesses and/or evidence in support of his or her testimony;

(d) The hearing officer(s) shall interrogate any testifying party;

(e) The hearing is temporarily recessed, in order for the hearing official(s) to privately evaluate the case and arrive at a decision of innocent or guilty;

(f) The hearing is reconvened. The hearing officers decision is rendered;

(g) If the accused student agrees with the decision of the hearing officer(s), appropriate arrangements are reached for the implementation of the decision after which the hearing is adjourned;

(h) If the accused student disagrees with the decision of the hearing officer(s), he or she is informed by the hearing officer that he or she has the right to submit a written appeal of the decision to the appropriate appellate(s) within 48 hours;

(i) The accused student is given the name, address and telephone number of the appropriate appellate(s).

(j) The hearing is adjourned.

SECTION V.

All charges classified as Disciplinary Category III infractions are adjudicated by the Student Affairs Committee (SAC). The SAC makes its confidential recommendations to the Vice President for Student Affairs who, in turn, decides the merits of the case. The decision of the Vice President for Student Affairs may only be appealed to the University President if the proposed sanction is for either expulsion or suspension. Any other sanction meted out by the Vice President for Student Affairs is not appealable.

The Student Affairs Committee may recommend the sanctions of suspension or expulsion in cases where the accused is found to be guilty. If for documented reasons the SAC is unable to recommend either of these two sanctions, it may recommend to the Vice President for Student Affairs that such a case be assigned to the Student Conduct Panel for adjudication and possible sanctioning. The decision of the Student Conduct Panel is final in such cases.

The hearing procedure for Disciplinary Category III cases is essentially the same as the procedures for hearings conducted for Disciplinary Categories I and II cases. The only difference is the fact that the accused may not automatically file a written appeal unless the condition described in the previous paragraph exists.

This code was styled, in part, after Model Student Code, 17 J.C.U.L. 95 (1990).