Students make many decisions regarding their behavior. When these decisions conflict with the University's expected standards of behavior, appropriate sanctions may be imposed by way of a judicial process. The judicial process and any sanctions serve to assist the student in recognizing and correcting behavior. Disciplinary procedures are designed to serve and protect the rights of all students and the institution through an educational process.

The hearing procedures are devised to insure that students accused of violating University rules or regulations will receive the benefits of the process described in the Student Code. Judiciaries are composed of impartial members of the University community. Judiciaries hold administrative hearings which allow flexibility and are not courts of law.

The University judicial process is separate and independent of any civil or criminal action and may proceed even if a related matter is anticipated or pending in other forums. Recognized Student Organizations may be subject to other university processes although actions of individual members of Recognized Student Organizations arising from the same circumstances may be subject to the Student Code and its processes.

Any question regarding the interpretation or application of the Student Code will be answered by the Dean of Students. All students and the institution will be bound by the Dean's answer.

DEFINITIONS

Complaining Party: a member of the University Community who files a written complaint that a student has violated the Student Code or other University rules or regulations.

Coordinator of University Judiciary (Coordinator): a member of the University Administrative/ Professional staff who is appointed by the Dean of Students (or designee).

Hearing Officer: an employee of the University appointed to hear a case and decide whether a violation of the Student Code has occurred.

Member of the University Community: students and/or employees of the University.

Recognized Student Organization: a group composed of students whose status has been approved by the Student Organization Review Board.

Student: an individual who is currently enrolled, has been enrolled, or who has applied to enroll in the University.

Working Day: a day, Monday through Friday, that the University is not officially closed and shall not include the day of submission or appeal.

UNIVERSITY PROCESS

When a student is accused of violating a rule or regulation, a written Judicial Referral is filed with a Coordinator of University Judiciaries. A charge of violation may be filed by any member of the University community.

For incidents arising within the Housing system which are not resolved through a conference between Housing staff and students, either the student or students and/or Housing staff involved in the incident may request a referral to the University Judiciary.

A Coordinator of University Judiciaries shall be appointed to the case by the Dean of Students (or designee) and shall process the entire case. The student is notified in writing by the Coordinator that a Judicial Referral  has been filed. This written notification includes:

1. the charges
2. a description of possible consequences
3. names of witnesses
4. a copy of the Student Code
5. options available to accused students
6. a three day time limit in which to respond, in writing, to the charges (NOTE: if the student does not respond within the time limits, the Coordinator will decide whether the case will go before the Judicial Board or Hearing Officer.)

In its sole discretion, the University may extend time frames identified in the University process.

The following options are available to accused students:

1. If the student admits responsibility for the violation: 
   1. The student contacts the Coordinator and, in writing:
      • admits responsibility (the student has 24 hours to revoke the admission by delivering written notice to the Coordinator's office)
      • waives the right to a Hearing and other university process protections
      • requests that the Coordinator make the sanction decision 
   2. The Coordinator has up to ten working days following the meeting to gather information and deliver a written sanction decision to the student. 
   3. The student may appeal the Coordinator's sanction decision, in writing, within three working days of receiving the decision. 
2. If the student does not admit responsibility for the violation as set forth in Section A, the student shall be given a Hearing before a Hearing Officer unless the student requests, in writing, a Hearing before a Judicial Board. 
   1. The following apply to Hearings before a Hearing Officer. 
      1. The Coordinator selects a Hearing Officer from the pool. The pool is created by combining the Faculty and Administrative/Professional Staff pools of Judicial Board members. 
      2. A Hearing is scheduled as soon as possible provided the student is given at least three working days written notice of the time and place of the Hearing.
      3. The Hearing Officer will deliver a written decision of responsible or not responsible to the Coordinator within three working days of the Hearing. If the student is found responsible, a brief statement of why a violation was found will be included in the decision. 
      4. If the Hearing Officer has found a violation, the Coordinator will impose a sanction.
      5. The Coordinator will give written notice of the decision, including a sanction if applicable, to the student within three working days of receiving the decision from the Hearing Officer. 
      6. The student may appeal the Hearing Officer's decision or the sanction decision of the Coordinator within three working days of receipt of the decision. 
   2. The following apply to Hearings before a Judicial Board. 
      1. The Coordinator selects one Judicial Board member from each pool of eligible students, faculty, and Administrative/Professional staff. 
      2. A Hearing is scheduled as soon as possible provided the student is given at least three working days written notice of the time and place of the Hearing. 
      3. The Judicial Board will deliver a written decision of responsible or not responsible to the Coordinator within three working days of the Hearing. If the student is found responsible, a brief statement of why a violation was found will be included in the decision. 
      4. If the Judicial Board has found a violation, the Coordinator will impose a sanction. 
      5. The Coordinator will give written notice of the decision, including a sanction if applicable, to the student within three working days of receiving the decision from the Judicial Board. 
      6. The student may appeal the Judicial Board's decision or the sanction decision of the Coordinator within three working days of receipt of the decision.

HEARINGS

Unless the law requires, Hearings are not open to the public.

A single verbatim record, such as an audio tape recording, will be taken at the Hearing by the University. The single verbatim record will remain the property of the University. No other recording device will be permitted.

A Coordinator of University Judiciaries will be present during the entire presentation of a case so that the Coordinator, who makes the sanction decision, will have heard the explanation of the student who has been charged.

Hearing Officers, members of the Judicial Board and the Coordinator of University Judiciaries may ask questions of any witnesses.

Any individual who is disruptive in a Hearing may be removed from the Hearing by the Hearing Officer, a member of the Judicial Board or the Coordinator of University Judiciaries.The Hearing may proceed without the presence of the removed individual or be adjourned to reconvene at a later time.

Student Rights

Students who are accused of a violation and students who claim to be victims of a violation have the following rights. 

1. If written evidence is to be used at the Hearing, the person who wishes to use it must submit it to the Coordinator at least 24 hours prior to the Hearing and all such written evidence may be reviewed by the accused or victim student prior to the Hearing.
2. A student has the right to appear in person, to testify at the Hearing and may call witnesses on his/her behalf. 
3. The accused student has the right not to appear at the Hearing, which shall be held in the student's absence provided that proper notice of the Hearing has been given. The failure of an accused student to appear should not be taken as an admission of a violation and must be noted as without prejudice. 
4. For the Hearing, a student is entitled to be accompanied at the Hearing by one advisor. The advisor may be any individual of the student's choice. The student may choose to have an attorney as his/her advisor but it shall be at his/her expense, and provided that at least 24 hours prior written notification is delivered to the Coordinator of the attendance by the student's attorney. The advisor shall have no role at the Hearing other than to advise the student.The advisor shall not be permitted to ask or to answer questions or to make oral arguments. 
5. Questions from students to witnesses will be directed through the Hearing Officer or Judicial Board.
6. The student accused of a violation of the  Student Code has the right to refuse to answer questions.
7. A student is entitled to a fair and prompt Hearing before a Hearing Officer or Judicial Board which is impartial. 
8. A student is entitled to a copy of the written  decision and sanction rendered in a matter in which he/she is either the alleged victim or accused student. 
9. The alleged victim, the accused student, or the complaining party may appeal the decision and/or the sanction.

Judicial Obligations

1. Those who hear the case will decide the outcome of the case based only on evidence presented at the Hearing. 
2. Each individual selected to sit as either a Hearing Officer or a member of a Judicial Board or an Appeal Board, will promise to administer the rules and regulations of the University in a fair and impartial manner. Each will treat this appointment as a public trust, not allowing other influences or private interest to interfere with the prompt, proper and impartial discharge of the judicial duties.
3. If a Hearing Officer or member of the Judicial Board or Appeal Board feels that he/she cannot render an impartial decision in a case for any reason, the individual shall disqualify himself/herself. 
4. A person may not serve on a Judicial Board if he/she is a witness who may testify before the  Judicial Board, if he/she has a personal interest in the outcome or if there is other sufficient reason to believe that he/she could not serve in a fair and impartial manner.

DECISIONS

After hearing a case, the Judicial Board (by a majority vote) or the Hearing Officer will decide as follows and give a written decision to the Coordinator within three working days of the Hearing: 

1. Not Responsible. No violation of a rule or regulation has been proven. Within three working days of receiving the decision, the Coordinator shall, in writing, give or mail to the accused student and complaining party the decision. There will be no record in the accused student's academic file of theJudicial Referral or Hearing when the matter becomes final. 
2. Responsible. A violation of a rule or regulation has been proven by clear and convincing evidence. The Coordinator shall determine the appropriate sanction to be applied. Within three working days of receiving the decision, the Coordinator shall, in writing, give or mail to the accused student and complaining party the decision and the sanction. A record will be kept in the Dean of Students office containing information about the Judicial Referral, the Hearing and its out come, and the sanction.

APPEALS

Either the accused student, the alleged victim, or the complaining party has the right to appeal the decision of the Judicial Board or the Hearing Officer, the sanction decision of the Coordinator, or the decision of the Appeal Board.

Grounds for Appeal

An appeal provides a limited review of the original decision. It is not an opportunity to present the evidence again or to reevaluate credibility. If an error has been made, in most cases the matter will be returned to the original Hearing Officer or Judicial Board so that the error may be corrected. The grounds for appeal are:

1. Discovery of new evidence which was not available at the time of the original Hearing;
2. Judicial Process was not followed; or 
3. Sanctions imposed were not appropriate to the violation found.

Filing an Appeal

1. A written appeal must be filed with the Coordinator within three working days of receipt of the decision being appealed. The written appeal must state the grounds for appeal. The Coordinator will forward the appeal to the Appeal Board. 
2. The Appeal Board will meet to review the appeal. It will review the grounds for appeal, and if there are grounds for an appeal, the materials submitted to the Judicial Board or Hearing Officer and the verbatim record. In its discretion, the Appeal Board may require a person submitting an appeal (or other person having information relating to the appeal) to appear to explain orally the basis for the appeal, although this is not ordinarily expected. 
3. The Appeal Board will decide, by a majority vote, one of the following: 
   1. Uphold the original decision. 
   2. Remand the case back to the original Judicial Board or Hearing Officer for its reconsideration consistent with the findings of the Appeal Board. 
   3. Remand for a new Hearing. 
   4. When the appeal is only the sanction, the Appeal Board may modify the sanction. 
4. The Appeal Board will provide its written decision to the Coordinator within three working days of the appeal review. 
5. A student may request a copy of the written decision rendered by the Appeal Board in a matter in which he/she is either the alleged victim or accused student. 
6. The decision of the Appeal Board is final unless appealed to the Dean of Students. A written appeal must be filed within three working days of receipt of the decision of the Appeal Board. The written appeal must state the grounds for appeal. 
7. In the sole discretion of the Dean of Students, he/she shall decide whether to review a written appeal. In the event the Dean of Students reviews a written appeal, the Dean may: 
   1. Affirm the decision of the Appeal Board.
   2. Reverse the decision of the Appeal Board. 
   3. Modify the sanction. 
   4. Uphold the sanction. 
8. The Dean of Students will provide a written decision to the person filing an appeal. 
9. The decision of the Dean of Students will be final and binding.

COMPOSITION OF JUDICIAL BODIES

Judicial Board

The Judicial Board shall be composed of three voting members; one student, one faculty member, and one Administrative/Professional staff member, each drawn from a pool of eligible members and selected by the Coordinator of University Judiciaries. The Coordinator will sit as the non-voting chair. A minimum of three  Judicial Board members must be present for a Hearing.

1. Student Members: The Student Senate shall appoint twelve students, at least six of whom are residents within the Campus Housing system, to the pool from which members of any Judicial Board may be selected. In making the appointment, the Student Senate will consider students who have volunteered to serve or who have been nominated by other students. To be eligible, students must be currently enrolled and in good standing. Appointments will be made by the end of Winter Semester for the following academic year. If appointments are not made in a timely manner or if vacancies occur, students shall be appointed by the Dean of Students (or designee).
2. Faculty Members: Faculty from each academic division will appoint one person to a faculty pool. If appointments are not made by the beginning of Fall Semester, the Provost (or designee) is authorized to fill appointments from the faculty at large. In addition to appointments made by eachdivision, the Provost (or designee) will appoint not less than four members to the pool from the faculty at large. 
3. Administrative/Professional Staff: all Administrative/Professional staff members are eligible for appointment to the staff pool. The Provost (or designee) will make at least ten appointments to the pool by the beginning of Fall Semester and may make appointments to fill vacancies as needed.

Hearing Officer

Members of the Administrative/Professional staff and faculty pools are eligible to serve as Hearing Officers. he Coordinator of University Judiciaries shall select Hearing Officers.

Appeal Board

The Appeal Board shall be composed of one student, one faculty, and one Administrative /Professional staff, selected from the available pools by the Coordinator of University Judiciaries. The Coordinator will serve as the permanent non-voting chair. A minimum of two Appeal Board members must be present for a hearing.

Coordinator of University Judiciaries

The Dean of Students (or designee) will appoint Coordinator(s) of University Judiciaries. The Coordinator will participate at Hearings as a member of the Judiciary Board but will not have a vote in determining whether or not the student is responsible for a violation. If a violation is found, the Coordinator shall impose the sanction.

SANCTIONS

When a student is found responsible for violating a rule or regulation, one or more of the following sanctions may be imposed: 

1. Warning: an official, written reprimand with the stipulation that further violations will esult in more severe disciplinary action. 
2. Restitution: payment for damages or loss incurred. 
3. Work Assignment/Community Service: perform assigned task(s) that enhances the community.
4. Probation: a specific period of time during which a student is required to report to a designated person on a regular basis in order to assess current behavior. 
5. Loss of Privileges: may include any or all of the loss of the following privileges:
   1. operating an automobile on campus;
   2. holding an office in a campus organization; 
   3. representing the University in any official capacity; 
   4. temporary removal from a designated University facility or function. 
6. Removal from University Housing: loss of the right to live in University housing. 
7. Counseling Procedures. 
8. Denial of a University honor, scholarship, or degree or revocation of an honor, scholarship or degree previously awarded, in an appropriate situation. 
9. Suspension: to suspend from the institution for a definite or indefinite period of time until certain conditions are met. 
10. Dismissal: to dismiss from the institution for an indefinite period of time including, if appropriate, dismissal without the possibility of re-admission. 

In determining an appropriate sanction, the Coordinator may consider sanctions which have previously been imposed against the student for other violations of rules or regulations.

EMERGENCY CASES

If, in the opinion of the Dean of Students (or designee), the presence of a student constitutes a continuing danger to persons or property or is an ongoing threat of disrupting the academic process and/or administrative operations at the University, the Dean of Students (or designee) may immediately suspend the student for up to ten working days.The student will be given written notice of the suspension. This notice will initiate the judicial process, which can be carried out during the suspension. In appropriate circumstances as determined by the Dean of Students (or designee), the suspension may be extended.

University Process for Emergency

Suspensions

1. A Suspension Hearing shall be scheduled within three working days of the suspension. 
2. Written notification of the time and place of the Suspension Hearing will be delivered to the suspended student's residence at least one working day prior to the Suspension Hearing date.
3. Written notice of the charges against him/her and an explanation of the evidence the University has shall be given to the student. 
4. If the student attends the Hearing, he/she shall be given an opportunity to present his/her version of  the events. 
5. The Dean of Students (or designee) who suspended the student shall conduct the Suspension  Hearing and decide whether or not to cancel or continue the suspension for the balance of the ten days. 
6. The suspended student shall not have the right to confront or question witnesses, or call his/her own witnesses. 
7. The suspended student is entitled to be accompanied at the Hearing by one advisor. The advisor  shall have no role at the Hearing other than to advise the student and shall not be permitted to ask or to answer questions or to make oral arguments. 
8. Disciplinary proceedings may be initiated through the normal University Process whether or not the emergency suspension has been canceled. If disciplinary proceedings are initiated, the Hearing will be held before a Hearing Officer.

UNAVAILABLE ADMINISTRATORS OR OFFICIALS

Should the Coordinator of University Judiciaries, the Dean of Students, and the University Advocate or other officials required for functioning of this Judicial Process be unavailable to act hereunder, if their replacement is not otherwise provided for herein, the Provost or his/her designee, may appoint a replacement for such official.

CAPTIONS

The marginal captions of particular paragraphs of Judicial Process provisions are inserted as a convenience and by way of reference only, and in no way limit, enlarge, define, or otherwise affect the scope or intent of the Judicial Process of any provision, and are in no way to be construed as part of such provisions.

SEVERABILITY

If any portion of these Judicial Process Provisions or the application thereof to any person or circumstance shall be found to be invalid by a court, such invalidity shall not affect the remaining portions or applications of these Judicial Provisions which can be given effect without the invalid portion or application.

CHANGES IN JUDICIAL PROCESS PROVISION

The University reserves the right to change or add to these Judicial Process provisions at any time, provided that such changes and additions will be published in a manner reasonably calculated to give adequate notice. Such notice shall always include a filing in the Regulations Notebook and a posting on the University Official Bulletin Boards, except that mailing a copy to the student at his/her registered address or personallyhanding same to, or verbally advising the student of such new or changed regulation, shall in all cases be sufficient notice.