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Part 6. Student Affairs
Section X. Student Code of Conduct, Rights, Responsibilities and Judicial Structure
C. University Judicial System
The Judicial Officer shall have the initial jurisdiction in cases involving violations of the Code. The University Judicial Board will have appellate jurisdiction.
This shall be a board of sixteen persons, eight students to be elected by the student government, four faculty members (three to be named by the Faculty Senate and one to be named by the Technology Faculty Council), and four administrators to be named by the president. Student representation shall be no more than two from any college, with the stipulation that one be from the College of Technology. Faculty representation shall be no more than two from any college, with the stipulation that one be from the College of Technology. The University Judicial Officer will be responsible for ensuring that all members of the academic community are adequately represented.
Members of the Judicial Board will be appointed at the beginning of the fall semester. Appointments of faculty and administrative members shall be for a three-year term and students for a one-year term. Vacancies which occur during the term shall be filled by the appropriate appointing body upon the request of the University Judicial Officer.
At the beginning of each academic year, the chairperson of the board and an alternate shall be elected by the members of the Judicial Board. The chairperson and alternate will be elected from the faculty and administrative representatives. Eight members of this panel of sixteen persons shall constitute the Judicial Board for any hearing. These eight members include four students, two faculty members and two administrators. (The chairperson will be responsible for selecting members of the panel and making sure that these eight members adequately represent the academic community). The chairperson shall vote only in the case of a tie.
No member of the Judicial Board who is otherwise interested in the particular case may sit in judgment during the proceeding. Any member or members with such an interest shall disqualify themselves in the particular case. The student(s) who is accused, or the Dean of Student Affairs or his/her designee on behalf of the University, may challenge any member or members of the Judicial Board, alleging interest in the particular case which may disqualify that member or members. The eligibility of any member or members so challenged shall be determined by a two-thirds majority vote of the remaining board members.
a. In cases involving infractions of residence hall regulations, students should follow the procedures discussed in University Residence Hall Discipline Procedure.
b. In cases involving infractions of University rules and/or regulations: After consultation with the appropriate administrative officer, the student will be advised in writing of the decision and the sanction, if any, proposed by such administrative officer. The student may, in writing, admit the alleged violation and request that the administrative officer impose the proposed sanction. Should the student elect this course of action he/she must be notified that he/she is not entitled to appeal and must be notified of such in writing.
c. No Judicial Board will convene during closed week and finals week. All appeals will be heard as soon thereafter as the board and the student can convene.
d. The student can expect an initial hearing with the University Judicial Officer within five (5) working days from the date the complaint is filed. Complex cases may require more preparation time for gathering evidence and interviewing witnesses.
e. The student can expect an appeal hearing ten (10) to fifteen (15) working days from the date the a peal is filed.
f. Should the student not appear at a judicial hearing, the hearing may be held in his/her absence. The failure of the student to appear shall not be taken as an admission of guilt.
g. Upon the request of the accused student, the Judicial Board may in its discretion open the hearing to a reasonable number of observers. The Judicial Board, however, may in its discretion order that the hearing room be cleared of observers.
h. Any hearing before the Judicial Board will be recorded, either by tape or video recorder, by stenographic transcription, or by any other means that will preserve a complete record of the hearing. Records of hearings will be preserved for a period of one year from the date of final determination of each case.
i. This board may impose sanctions as listed under the Student Code of Conduct, Rights, Responsibilities and Judicial Structure.
j. The student will be verbally notified of the decision immediately and receive a written notification of the decision reached by the Judicial Board within three working days after the hearing. This notification will include written findings, decisions and conclusions of the Judicial Board. Any further disclosure of the decision is at the discretion of the Judicial Board.
k. The student must be notified of his/ her right to appeal to the President of the University any decision of the Judicial Board. If the student appeals, any action recommended by the Judicial Board shall be delayed to allow action by the President. Unless the Judicial Board is of the opinion that continued presence of the student on campus constitutes an immediate threat or potential injury to the well-being or property of members of the University community or to the property or the orderly function of the University, the student will be allowed to remain on campus.
l. A notice of appeal shall be directed to the President of the University and filed in writing with the Office of the Dean of Student Affairs within five working days from the time the Judicial Board judgment is received. Failure to file notice within the allotted time will constitute a waiver of any right to appeal. The notice must specify, in detail, the grounds upon which the appeal is based. Grounds for an appeal shall be:
(1) new evidence, sufficient to alter the decision;
(2) violation of specific procedural steps outlined in the Student Code of Conduct, Rights, Responsibilities and Judicial Structure which could adversely affect the outcome of the case; and
(3) sanctions imposed were inappropriate for the violation committed.
The President may retain the sanctions, reduce or dismiss the sanctions, or remand the case for rehearing in the event that significant new evidence arises.
The following sanctions are general University sanctions which may be imposed, listed in order of increasing severity. In addition, letters of apology, counseling, restrictions from facilities, treatment programs, or other similar conditions may be imposed when deemed appropriate. Sanctions will be imposed with past disciplinary records taken into consideration.
The Judicial Officer supervises the execution and completion of punishments and sanctions imposed under this code. Non-compliance with imposed sanctions will result in holds placed on future registration, receipt of diplomas and/or financial aid, or other administrative actions deemed appropriate. It should be noted that disregard for institutional regulations may result in loss of federal financial aid and University scholarships.
This action may be used with any of the sanctions listed below and is appropriate in any case in which misconduct has caused loss or damage to property or injury to a person, damage or theft to University property, or in which reparation for a particular act of misconduct may reasonably be made by payment of money or the performance of services. Failure to comply with restitution requirements or owing of monies to the University may result in cancellation of the studentís registration and may prevent the student from re-registration.
This action is a verbal warning. A thorough explanation of University regulations is given with the stipulation that further disregard for the Student Code of Conduct, Rights, Responsibilities and Judicial Structure will be cause for disciplinary action. A record of the incident will be maintained by the Judicial Officer.
c. Disciplinary Reprimand
A disciplinary reprimand is written notification from the Judicial Officer or Judicial Board to a student containing a warning that repeated infractions of regulations may result in more severe disciplinary action. A record of the action is kept in the Student Affairs Office.
d. Conduct Probation
Conduct probation involves a period of time, not to exceed one year, in which a student is required to show a positive change in behavior. In addition, conditions and restrictions may be imposed, such as revocation of specific privileges and recommendations for counseling, medical or academic assistance.
e. Disciplinary Probation
This is a serious sanction and very near to suspension. This action involves a period of time, not to exceed one year, during which a student who has been involved in a disciplinary situation (or repeated violation) is given the opportunity to prove that he/she can become a responsible and effective member of the University community. In deciding upon the action of disciplinary probation, the Judicial Officer or body can subject the activities of the student to one or more of the following conditions:
(1) Students on disciplinary probation cannot represent the University in extracurricular activities, such as intercollegiate athletics, debate team, University theater, or band. However, students may participate in informal activities of a recreational nature sponsored by the University. The studentís activities may be restricted in other ways which pertain to the type of offense.
(2) The Office of the Dean of Student Affairs will officially notify the student of the decision and will indicate that any violation of his/her probationary status could result in suspension from the University. The Office of the Dean of Student Affairs will inform appropriate University authorities of the disciplinary action.
(3) If the student is found guilty of any infraction of University regulations during his/her probationary period, the board may recommend that he/she be suspended from the University.
(4) At the end of the probationary period, the studentís case will be subject to review by the University Judicial Officer. If all conditions of the disciplinary action have been met satisfactorily, the student will be considered in good standing behaviorally.
A recommendation that a student be suspended must state a specific and definite period of time. The Judicial Officer or Board must recommend this action to the Dean of Student Affairs for implementation and must specify the date at which time the student may apply for readmission. In no case will suspension be for a period longer than one year. In cases where students are financially dependent, parents may be notified.
During the period of suspension, the person is not a student and cannot participate in any University sponsored activity or in the activities of any recognized University organization. In addition, the student will be denied all other rights and privileges which are accorded to students in good standing. Fee refunds are determined on the same basis as voluntary withdrawals. Identification cards and activity tickets will be voided. Grades will be determined in accordance with the regular University withdrawal policy. A hold is placed on future registration until re- admission. It is the studentís responsibility to initiate the request for readmission.
(1) Deferred Suspension
This is a suspension which becomes effective at a specific future date. It is normally used near the end of the semester to avoid any financial or academic penalty that would be caused by an immediate suspension.Disciplinary probation status will exist until the suspension date.
(2) Interim Suspension
This action will take effect immediately without a hearing upon the order of the President or his/her designated representative. Such action will be taken pending a hearing on charges when it appears that reasonable cause exists to believe the continued presence of the accused presents a threat to persons or property or a threat to disrupt University functions or activities. It also may be ordered when reasonable cause exists to believe that during a state of campus emergency declared by the President or his/her designated representative, the student has committed acts in violation of existing or emergency regulations.