ARTICLE IV: HEARING PROCEDURES

Students who violate the University standards of conduct, with prohibited conduct delineated in Article III, Section B, are subject to disciplinary action. The University has designed hearing procedures that aim to engage students and recognized student organizations in a fair, educational, and developmental process.

The Chief Disciplinary Officer of the University, located in the Dean of Student’s Office, has the primary administrative responsibility for University-wide coordination, investigation, and enforcement of student conduct standards. Based on the nature and location of the violation of University standards of conduct, student conduct cases may be acted upon by appropriate University officials as authorized by the Chief Disciplinary Officer. The University Hearing Officer shall be a person with expertise in administrative hearings appointed by the Dean of Students or designee.

The procedures for University Hearings shall be as follows:

  1. When a disciplinary case is referred to or acted upon by the Chief Disciplinary Officer or designee, the procedure will normally be conducted in an informal manner. Discussion, counseling, persuasion, and other existing informal procedures will normally be used. The student or recognized student organization subject to disciplinary action will be informed at least three (3) days prior to the hearing of a summary of the alleged behavior and code of conduct violation and the time and place of the hearing. Pending such action, the student or recognized student organization has the right to be present on campus, attend classes, or conduct organizational business except in cases of interim suspension.
  2. The student (the complainant and the respondent) or recognized student organization has the right to be assisted by an advisor if they choose, at their own expense. This advisor can be a faculty member, student, legal counsel or other individual, but can have no other role in the hearing, such as a witness. The student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or participate directly in any hearing. Should the student elect to be accompanied by legal counsel, the University reserves the same right to have legal counsel present. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor.
  3. The student or recognized student organization must submit to the Hearing Officer a list of any witnesses and/or information for review 24 hours prior to the scheduled hearing.
  4. The University Hearing Officer shall conduct the hearing. The Hearing Officer, in keeping with fair and reasonable guidelines, may impose limits upon the number of witnesses and the amount of information that may be introduced where proffered information is cumulative, redundant or immaterial. Rules of evidence and rules of procedure do not apply. Reasonable rules on relevancy and fairness will guide the Hearing Officer in determining the admissibility of information. In every case, the facts are to be reviewed and decisions made based upon a preponderance of evidence. The burden of establishing the basis for any disciplinary action shall be on the University.
  5. At the discretion of the Hearing Officer, students charged with violations arising out of the same transaction or occurrence may be heard together rather than separately. In combined hearings, the Hearing Officer may present the information the University received to all of the charged students at one time. Following the presentation of the University’s information, students whose cases are heard together may separately present, in turn, their information, but this presentation shall be given in the context of a single hearing.
  6. All University disciplinary hearings will be closed to the public and nonparties. The Hearing Officer may invite observers with the consent of the parties.
  7. The University Hearing Officer shall serve as the deciding body and shall impose sanctions as appropriate. The Hearing Officer shall (a) evaluate the information presented at the hearing in order to determine the validity of each of the charges, (b) determine whether or not a violation has occurred, and (c) communicate the decision and conclusions supporting the finding to the student, in writing. Reasonable deadlines for the completion of any sanctions will be established based on the date on which the letter was sent.
  8. Further Review – Students have the right to file a written appeal of the decision and/or sanctions in accordance with the following guidelines:
    1. Students may choose to appeal the decision based on one or more of the following:
      1. Due process was denied (you believe the Hearing Officer violated your student rights/ responsibilities or didn’t follow the written conduct process/procedures).
      2. Presence of new information. The presentation of the new information must be considered sufficiently substantial to change the outcome in a significant manner.
      3. The sanctions given were inappropriate given the nature of the violation.
    2. The appeal will be based on the hearing record and any new information submitted in the appeal. The appeal process will not be a rehearing of the case.
    3. Students wishing to appeal must complete and submit the Statement of Appeal Form to the Dean of Students Office within (5) business days following the receipt of the decision letter. The written appeal is reviewed by an appeal reader, appointed by the Dean of Students and he or she may affirm or reverse the decision, or remand the case to another Hearing Officer for further deliberation.
    4. In cases involving allegations of crimes of violence (as defined by the Campus Security Act) the Complainant and the Respondent have the right to appeal.

(Except when the parties have given written consent, access to records will be confined to authorized University personnel who require access in connection with the performance of their duties.)

D. Sanctions for Misconduct

The University seeks to ensure equal treatment of students and recognized student organizations that are subject to disciplinary or academic sanctions and to impose similar sanctions under similar circumstances. The prior conduct record, if any, will be taken into consideration in determining sanctions. Any sanctions imposed by the University shall be confirmed in writing. Sanctions for violations of University standards by individuals or recognized student groups include:

  1. Warning—An official notice to a student or recognized student organization that the conduct is in violation of the Student Rules and Regulations. The continuation of such conduct or actions may result in further disciplinary action.
  2. Probation—Disciplinary probation is a period of observation and review of conduct during which the student or recognized student organization must demonstrate compliance with the Student Rules and Regulations. Terms of this probationary period will be determined at the time probation is imposed.
  3. Loss of Privileges—Denial of specified privileges for a designated period of time.
  4. Restitution—Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
  5. Discretionary Sanctions—These include, but are not limited to, recommendation for counseling, required mental health assessment, restriction of privileges, or a special educational project designed to assist the student in better understanding the overall impact of his/her behavioral infraction.
  6. 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.
  7. Residence Hall Expulsion—Permanent separation of the student from the residence halls.
  8. Interim Suspension—Interim suspension is taken in extreme or unusual cases when there is reasonable cause to believe the continued presence of the accused student on campus presents an immediate and definite danger to himself/herself or other members of the campus community, or threatens disruption of University operations or activities. Interim suspension is immediate suspension of a student’s privilege to attend the University and all of its related functions. A student who has been placed on interim suspension may not attend classes, may not participate in any University activities, and may be excluded from University property. The authority for interim suspension is vested in the Chief Disciplinary Officer. The Chief Disciplinary Officer may impose an interim suspension for a student before a hearing is held.
  9. University Suspension—The suspension may be for a specified period of time or for an indefinite period of time until stated conditions are met. The student may be prevented from returning to University premises. When a student is suspended, a notation will be made on the student’s academic record (transcript) as follows: “SUSPENDED (date) FOR CONDUCT.” This notation will remain on the record until the terms of the suspension have been satisfied.
  10. Expulsion—Expulsion is the act of terminating a student’s academic program and his/her right to future enrollment. The student may also be prevented from returning to University premises. When this action is finalized, a notation will be made on the student’s academic record (transcript) as follows: “EXPELLED (date) FOR CONDUCT.” If cause sufficient to the University is shown, this notation may be removed from the academic record at the direction of the University after five academic years have passed.
  11. Revocation of Admission and/or Degree—Admission to or a degree awarded from the University may be revoked for fraud, misrepresentation, or other violation of University standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
  12. Withholding Degree—The University may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Conduct Code, including the completion of all sanctions imposed, if any.
  13. Withdrawal Agreement - In certain cases where a student’s behavior or mental or emotional health may render him/her unfit for continued participation within the University community, the Chief Disciplinary Officer may recommend the student withdraw from the University. Conditions for readmittance to the University will accompany this withdrawal agreement.
  14. Loss of Recognition – Recognized student organizations may lose recognition after a hearing before the Chief Disciplinary Officer. This action deprives the organization of the use of campus resources, the use of the University’s name, and the right to participate in campus sponsored activities. This loss of recognition may be for a specific period of time or for an indefinite period of time until stated conditions are met.