Allegations of Inappropriate Behavior
Any member of the University community may allege that a student has engaged in appropriate behavior. The allegations shall be directed to Student Life personnel based on the nature of the alleged behavior, as follows:
Residence Hall Violations -- Dorm Supervisor
University Regulations -- Associate Dean of Students or Dean of Students.
The allegations should be submitted as soon as possible after the event takes place, preferably within 48 hours.
Assessment of Allegations by Student Life Personnel
After an allegation has been brought forward, Student Life personnel may conduct an investigation to determine if the allegations have merit.
Responses to Allegations
If the allegations have merit, Student Life personnel shall present the allegations to the accused student and may prescribe an appropriate University response that may be tailored to each specific student and the specific circumstances surrounding the allegations.
If the allegations do not have merit, Student Life personnel may consider the matter closed.
Disciplinary Appeals
In matters that resulted in a student being suspended or dismissed, he or she has the right to appeal based on one of the following considerations:
1. The student can demonstrate that his or her case has not had a proper hearing; or
2. The student can demonstrate that he or she was discriminated against; or
3. The student can demonstrate that the University's response is excessive.
All appeals may be directed to the Student Discipline Appeal Board. In order to be heard, the student must submit the appeal in writing within 48 hours of the University response being communicated to him or her.
If the Student Discipline Appeal Board elects to consider the student's appeal, it shall provide written notice to the student regarding the date, time, and location of the hearing.
If an accused student, with notice, does not appear for the hearing, the Student Discipline Appeal Board shall consider the student's appeal and make a determination regarding the student's appeal even in the absence of the accused student.
If the hearing involves more than one accused student, the Student Discipline Appeal Board may permit the hearing concerning each student to be conducted either separately or jointly.
There shall be a single, verbatim record (such as a tape recording) of all hearings of the Student Discipline Appeal Board. The record shall not include deliberations, and shall be the property of the University.
The accused student may attend the entirety of the hearing, with the exception of the deliberations.
The accused student may ask an advisor to attend the hearing. The advisor must be a member of the University community, and must not be an attorney. As the accused student is responsible for presenting his or her own information, the advisor may not participate directly in the hearing.
The accused student, Student Life personnel, and the Student Discipline Appeal Board may arrange for witnesses to attend the hearing and provide pertinent information. Only members of the Student Discipline Appeal Board may direct questions to hearing participants. Additionally, pertinent records, exhibits, and written statements may be accepted as information for consideration.
After all pertinent testimony and information has been presented, the Student Discipline Appeal Board shall deliberate to determine (by majority vote) whether the accused student engaged in behavior that violates University policy. The determination shall be made on the basis of whether it is more likely than not that the accused student violated University policy.
In rendering a determination, the Student Discipline Appeal Board may:
1. Uphold the original decision as well as the response prescribed; or
2. Reverse the original decision and eliminate the prescribed; or
3. Uphold the original decision, but alter the response.
The determination of the Student Discipline Appeal Board shall be final.
Violations of Law and Student Discipline
University disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both criminal law and University policy. Proceedings under Student Discipline may be carried out prior to, simultaneously with, or following criminal proceedings off campus at the discretion of Student Life personnel. Determinations or sanctions imposed as part of Student Discipline shall not be subject to change because criminal charges arising out of the same facts giving rise to the violation of University rules were dismissed, reduced, or resolved in favor of, or against, the criminal law defendant.
Informality of Student Discipline
Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, shall not be utilized in any portion of Student Discipline, including appeal hearings.