I. Directors
  Under the direction of the Vice President for Student Affairs (VPSA), the Director of Student Development shall be primarily responsible for the administration of the student conduct system. The Director of Residential Life or designee will be responsible for resolving disciplinary problems resulting from the violation of regulations within University housing according to the Student Code (“Code”), the Housing Application and Contract, and the Residential Life Handbooks. Violations of the Gender-Based Misconduct Policy for Students will be handled according to the policies and procedures set forth in that document.
II. Committee on Student Conduct
  Comprised of three faculty members (including one from each school) appointed by the Faculty Senate, two staff members appointed by the University President, and two students recommended by the Student Government Association and approved by the VPSA, the Committee on Student Conduct (“Committee”) hears appeals of non-academic misconduct cases resulting in interim suspension, suspension, or expulsion. At least five members of the Committee (one of whom must be a student) must be present, and Committee decisions are final. The Committee chair will work closely with the VPSA to follow appropriate procedures for the hearing (Sections VII – X).
III. Temporary Administrative Action
  A. When Appropriate. In the event the President or the VPSA has reasonable cause to believe that a student poses (1) a danger to the safety of the student, other persons, or University property; or is (2) an ongoing threat of disrupting the educational environment, the VPSA or the President may place immediate, temporary restrictions upon a student‘s rights within the University community, up to and including a removal from the University community, pending an Administrative Investigation as outlined in Section IV. If the Director of Student Development or the Director of Residential Life has reasonable cause to believe that a student poses (1) a danger to the safety of the student, other persons, or University property; or is (2) an ongoing threat of disrupting the educational environment, the Director may temporarily impose restriction, up to and including removal from housing, with the exception of suspension and expulsion, pending an Administrative Investigation as outlined in Section IV.
  B. Notice of Temporary Action. Upon the decision to impose temporary restriction, the student shall be notified by the most expeditious means available.
  C. Hearing. When temporary restrictions are imposed, the VPSA shall immediately initiate the disciplinary procedures provided in the Code, and an Administrative Review meeting (Section IV(A)(4)) shall be held no later than ten class days after such action was taken.
IV. Administrative Investigation of Alleged Code Violations
  A. Investigation
    1. Allegation. After a Code violation is alleged, information is sent by the reporting party to the Director of Student Development or Director of Residential Life.
    2. Preliminary Inquiry. The appropriate hearing officer conducts a timely preliminary inquiry into the alleged violation to determine whether the complaint warrants further investigation.
    3. Notice of Investigation and Administrative Review. If the Director determines that the complaint warrants further investigation, the Director shall send notice to the student that a complete investigation will occur and request the student‘s attendance at a meeting to discuss the alleged Code violations. This meeting shall occur as soon as possible, but no earlier than five class days after notice is given. The student may agree to a more expedient meeting.
    4. Administrative Review. The Director may discuss, consult and advise with the parties (i.e., complainants and respondents) involved and they shall attend such meetings as summoned. On the student‘s appearance before the Director, the Director shall give the student an opportunity to relate or explain any facts bearing on the alleged violation. The Director will conduct additional investigation as needed in order to make an administrative disposition. A determination will be made regardless of a student‘s attendance, based on the information and evidence available.
  B. Administrative Disposition. After a fair and impartial assessment of all of the information collected during the investigation, the Director shall determine whether a University policy was violated. The Director shall indicate the decision, including disciplinary action, if any, in writing as soon as reasonably practical but no later than five class days after completion of the administrative review. The Director shall have the discretion to limit or waive a disciplinary action against a student if the Director determines that an educational and safety focused response, rather than a disciplinary consequence, to an incident will better serve the University community. Examples may include, but are not limited to, (1) students who stay and render assistance to others and call for appropriate medical personnel or law enforcement or (2) students who bring their own use, addiction, or dependency on alcohol, drugs, or other addictions to the attention of the University prior to any conduct incidents or reports. In no case, however, will students or individuals who negatively impact the outcome of an incident qualify for this limitation or waiver of disciplinary actions. Students participating in this limitation or waiver of disciplinary actions provisions will be required to complete educational sanctions as outlined in an administrative disposition.
  C. Appeal of Administrative Disposition. The student has five class days after the notification of the administrative disposition in which to file a written appeal to the VPSA. Please refer to Section VI – Appeals & Review.
V. Honesty Standard
  A. Individuals are not required to answer any questions that are asked; however, any information an individual chooses to provide must be true and correct to the best of their knowledge. An individual who intentionally provides false or misleading information will be charged with falsifying information. Additionally, a pattern of lying or fabrication will be considered when imposing sanctions.
VI. Disciplinary Penalties
   A. Nature of Penalties. The following penalties comprise the range of official University actions which may be taken when a student engages in prohibited conduct. Those penalties are not exclusive and may be imposed together with other penalties.
     1. Warning. A verbal or written notice to the student that a violation of a published University policy has occurred and that the continuation of such conduct or actions could result in further disciplinary action.
    2. Restricted Privileges. Denial or restriction of one or more privileges granted to students. These may be, but are not limited to, the use of an automobile, dining privileges, visitation privileges, or participation in athletics or other extracurricular activities. The restriction may be imposed only for a definite term.
    3. Special Project. The requirement that the student complete a special project, which may be, but is not limited to, writing an essay, attending special classes or lectures, or visiting a counseling center. The special project may be imposed only for a definite term.
    4. Alcohol or Other Drugs Abuse Assessment: Alcohol or Other Drugs Abuse Assessment is an assessment through Counseling Services regarding alcohol and other drugs abuse. The assessment is confidential; however, verification of attendance and completion is required. Students may also be sanctioned to complete additional counseling based on the assessment by Counseling Services.
    5. Anger Management Assessment: Anger Management Assessment is an assessment through Counseling Services regarding anger management. The assessment is confidential; however, verification of attendance and completion will be required.
    6. No Contact: A No Contact restricts a student or anyone acting on their behalf from having any form of verbal or nonverbal contact with another community member. This includes, but is not limited to, face to face interactions, social networking, letters, phone calls, texts, and emails.
    7. Restitution. Paying for physical or property damage, losses, or misappropriation, either monetarily or by the performance of specific duties.
    8. Housing Probation. An indication that the student is not in good standing in Student Housing. In the event of a subsequent violation, sanctions may be more severe, up to and including cancellation of student housing contract.
    9. Cancellation of student housing contract subject to the terms and conditions set forth in the contract.
    10. Fines. In addition to or in lieu of other sanctions, fines may be imposed in accordance with the following maximums: Administrative Disposition-$150.00; Committee-$150.00. Should the Committee or appropriate administrative official determine a fine would result in an unreasonable hardship on the student, a work program can be imposed in lieu of a fine. The in lieu work program shall be jointly approved by the Director/Committee and the VPSA or designee.
    11. Disciplinary Probation. An indication that the student is not in good standing and that his/her continued enrollment is conditioned upon adherence to published University policies. Probation may be imposed only for a definite term but automatically restricts the following privileges:
      a. A student on disciplinary probation or harsher disciplinary sanction is ineligible to hold or be elected to an office of any student organization recognized by the University;
      b. A student on disciplinary probation or harsher disciplinary sanction may not represent the University in any special honorary role (e.g., debate tournament, athletic competition, etc.);
      c. If a specific question is asked whether the student has been involved in any discipline situations, there is no alternative but to give an accurate answer to the question as allowed by applicable federal law. (This situation automatically exists for items 7-13).
    12. Parental/Guardian notification as permitted by federal law.
    13. Withholding an official transcript or degree.
    14. Prohibition against readmission.
    15. Denial or non-recognition of a degree.
    16. Loss of or ineligibility for a student scholarship, grant, or loan.
    17. Suspension. Separation from the University for a definite term, during which the student shall not be permitted to attend classes or participate in any University activity.
    18. Expulsion. Termination of student status for an indefinite period. The conditions for readmission, if any, shall be stated in the order of expulsion. When an offense is so severe that the University will not allow the student to re-enroll, the student will be expelled. Expulsion is not a permanent separation, but neither is a definite time set when return is expected.
  B. Recording of Penalties. Disciplinary records will be maintained in the Office of Student Development. Housing disciplinary records will be maintained in the Office of Residential Life. Penalties of suspension and expulsion shall be maintained permanently in the Office of Student Development and are subject to review if a written request is made to the VPSA.
  C.  Finality of Penalties. Disciplinary action becomes final:
     1. In the event of an Administrative Disposition, upon acceptance by the student of the Director‘s decision. Disciplinary action may be imposed immediately following the Administrative Disposition, pending the outcome of an appeal.
     2. In the event of an appeal, upon notice to the student of the Committee‘s Final Disposition.
     3. In the event of a hearing in cases where suspension or expulsion may be sought, upon notice to the student of the decision of the Committee, and when the time in which to file a notice of appeal to the President of the University has expired.
Appeals and Review
VI. Requesting Appeal
  A. Written Appeal Request. A student wishing to appeal the Director‘s decision under Section IV(B) must file a signed, written notice of the appeal request with appropriate rationale with the VPSA no later than 5 p.m. five class days after notice of the Director‘s decision is hand delivered or mailed to the student. Appeals of interim suspension, suspension, or expulsion will be heard by the Committee on Student Conduct. All other appeals will be heard by the VPSA and will generally proceed as an Administrative Review as described under Section IV(A)(4) above.
  B. The grounds for appeal are:
    1. Insufficient evidence to support the decision.
    2. An error that significantly prejudiced the rights of the defendant.
    3. Significant new information which could not with reasonable diligence have been discovered and introduced at the hearing.
  C. Time. For appeals of interim suspension, suspension, or expulsion, the VPSA will notify the Committee Chair of the written appeal request. The Committee Chair will schedule a hearing no later than ten class days after the appeal request, unless there are extenuating circumstances (such circumstances are to be shared with the student.) If disciplinary action is involved prior to appeal, the student may request a more expedient hearing.
  D. Notice. The Committee Chair will notify the student in writing of the time, date, and place of the appeal Hearing with other required information. See Sections VII – X for detailed hearing procedures.
Hearing Procedures
The following procedures are applicable to any hearing before the Committee on Student Conduct. The Committee will only hear appeals of suspension or expulsion resulting from non-academic misconduct.
 VII. Pre-hearing Procedures
   A. Notice. Upon initiation of the hearing process, as described in Sections VII – X, the Committee will provide written notice to all parties (i.e., complaints and respondents):
     1. Time of Hearing. Notice shall state the date, time, and location of the hearing. A Committee Hearing shall be held no later than ten class days after the required written notice to the student. Every effort will be made to accommodate a student‘s request for a more immediate hearing.
     2. Summary of Allegations. Notice shall include a short and plain statement of the University policies alleged to have been violated, the factual background of the matter, and the basis for the Committee Hearing (i.e., student appeal of interim suspension, suspension, or expulsion).
    3. Service of Notice: Service shall be by hand delivery or by certified mail, return receipt requested, to the student at the student‘s permanent or local address (as appropriate) on file in the Office of the Registrar or Residential Life. When the above steps have been taken, return receipt, whether signed or not, shall be deemed sufficient evidence that the student has been properly served and it shall be presumed that the student has received and read the notice.
  B. Disclosures. At least two class days before the hearing, all parties shall make the following disclosures to the Committee, in writing. The Committee Chair will provide copies of the disclosures to all parties.
    1. Whether any legal counsel or advisor will attend the hearing with a party.
    2. Names of all witnesses each party intends to call to testify during the hearing, including a brief summary of each witness‘s expected testimony.
    3. Copies of all documents and/or exhibits the parties intend to introduce during the hearing. NOTE: The Committee may, in its discretion, allow introduction of evidence not previously disclosed, in accordance with Section IX(B)(2)(e).
  C. Pre-hearing Meeting. At the discretion of the Committee Chair, a pre-hearing meeting may be convened to present objections to documents or witnesses or clarify the charges, responses, or procedures to be used during the hearing.
VIII. Hearing Regulations
  A. General Decorum. The Chair shall exercise control over the hearing to ensure fairness and a professional atmosphere. Any person who disrupts a hearing or who fails to adhere to the established procedure or rulings of the Chair may be disciplined, including without limitation exclusion of witnesses or evidence.
  B. Advisors. Parties are entitled to have parents, legal guardians, and/or a legal advisor present during the hearing. Advisors may support the student and provide advice about the investigation and disciplinary process. During meetings and hearings, the advisor may talk quietly with the student or pass notes in a non- disruptive manner. The advisor may not intervene in a meeting or hearing or directly address panel members, complainants, or witnesses, nor may they make objection If parties desire to have attorneys serve as their advisors, they may do so at their own cost.
  C. Confidentiality. Hearings and matters discussed therein are confidential and should be closed to the public.
  D. Evidence. Formal judicial procedures are not required, and formal rules of evidence do not apply. The Committee Chair makes final rulings on all objections to evidence and the admissibility of evidence and testimony. Evidence will be admitted if the Chair determines that it is the sort of information reasonable people would rely upon in the conduct of their affairs.
    1. All parties should have reasonable opportunity to respond, present relevant information, question witnesses, and present argument.
    2. A party may conduct cross-examinations required for a full and true disclosure of facts. When the Committee Chair determines that a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form. In case of an expulsion hearing, affidavits should not be permitted in lieu of live testimony unless agreed to by the opposing party or unless the Committee Chair determines that the parties‘ interests will not be prejudiced.
    3. Information from Non-Parties. At the request of either party, the University shall instruct a University student or employee to appear as a witness. The University may require the witness to attend the hearing or to furnish documents or other physical evidence requested by the party.
    4. Transcript. The University will keep an audio recording of the hearing, which shall be provided by the Committee at the request any party, at the expense of the requesting party.
    5. Record. The record in a proceeding shall include all evidence and testimony received or considered by the Committee at the hearing, any objections to evidence and the Committee‘s rulings, and all other information or data considered by the Committee, provided all parties have had access to such evidence.
IX. Hearing Procedures
  A. General Rules
    1. A hearing may be postponed at the discretion of the Committee Chair for good cause upon written request being filed with the Committee Chair at least 24 hours before the hearing.
    2. The student or any pertinent party may challenge the impartiality of a Committee member at any time prior to the hearing. The Committee Chair shall be the sole judge as to whether the specific individual can serve with fairness and objectivity. In the event the member is disqualified, a substitute will be chosen by the VPSA.
    3. During the hearing, only the Committee members, the student and the advisor, the student‘s parents or legal guardians, and the witness currently testifying will be allowed in the hearing room. No witnesses, after testifying, may remain in the hearing room. All persons present at the hearing shall treat the matters discussed therein as confidential information not to be disclosed to others.
    4. A student may not be compelled to testify against himself/herself and the hearing officer and Committee shall presume the student innocent of the charges until the Committee is satisfied, by a preponderance of the evidence that a violation has occurred.
    5. The hearing will occur regardless of a student‘s attendance, based on the information and evidence available.
  B. Hearing Process
    1. Opening Remarks. If desired the parties may briefly outline their cases before the presentation of evidence. The Committee should use discretion when determining the proper evidentiary value of information presented during Opening Remarks.
    2. Presentation of Evidence
      a. The University will usually present its case first, followed by the student.
      b. Each party is allowed an opportunity to cross-examine witnesses presented by the other party.
      c. Further questioning of the witnesses by the parties is at the discretion of the Committee Chair.
      d. The Committee members may ask questions of the witnesses at any time, at the discretion of the Chair.
      e. After each party has presented its case, upon request of either party the Committee, at its discretion, may permit introduction of additional evidence to clarify or rebut evidence presented during the course of the hearing.
    3. Closing Remarks. At the Committee‘s discretion, the parties may make brief summary statements.
X. Post Hearing Process
  A. Committee Decisions.
    1. For appeal hearings regarding interim suspension, Committee Decisions shall be provided to all parties, in writing, within five class days of the hearing date.
    2. For suspension and expulsion hearings, the Committee shall provide its written Decision to the President, who shall review the official record of the hearing and, in writing, either approve, reject or modify the Decision, or remand the matter back to the Committee for further hearing or consideration. Unless remanded, the action of the President, in conjunction with the approved or modified Decision, shall be the Disposition of the matter.
      a. The Final Disposition of an expulsion matter shall be subject to rehearing, reopening, or reconsideration by the President. Any application or request for such rehearing shall be made by an aggrieved party within ten class days from the date of the notice of Final Disposition. The grounds for such request may be:
        i. Newly discovered or newly available evidence, relevant to the issues;
        ii. Need for additional evidence to adequately develop the facts essential to proper decision;
        iii. Probable error committed by the Committee in the proceeding or in its Decision, which would form a reasonable independent basis for reversal of the decision;
        iv. Need for further consideration of the issues and the evidence in the public interest;
        v. A showing that issues not previously considered ought to be examined in order to properly dispose of the matter;
        vi. Fraud practiced by the prevailing party or procurement of the Decision by perjured testimony or fictitious evidence.
      b. Any rehearing, reopening, or reconsideration by the President shall be confined to those grounds upon which the rehearing was ordered.
    3. Each party shall be provided, either personally or by certified mail, a copy of the Final Disposition.
  B. Discretionary Review. The VPSA, the President, and the Board of Regents may, on their initiative, review any disciplinary case. Upon such review they may approve, reject, or modify the decision or the penalties imposed, or may remand the matter to the Committee for presentation of additional evidence and reconsideration of the decision.