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Appendix C
Student Judicial System
(Revised February 8, 1996)
Preamble
Philosophy of Discipline
The University is a community of scholars engaged in learning, teaching
and research. These activities are best accomplished in an environment
of civility, honesty, safety, and security. In order for the University
to function as an educational community, this code of appropriate student
conduct and student judicial procedures has been agreed upon to preserve
these conditions.
Students who deviate from this code will be held accountable for their
behavior and may incur disciplinary consequences. This consequential response
to inappropriate behavior is intended to be educational and corrective,
and to prevent similar inappropriate conduct in the future. Repeat behavior
will likely result in progressively severe intervention.
The University of Arkansas Judicial System has been established to provide
fair and equal access for any member of the University community. It provides
for a fair and impartial review for those accused of code of conduct violations
and suggests appropriate sanctions for those who are responsible for violations.
ARTICLE I: Definitions
A. The term "University" means University of Arkansas, Fayetteville
campus.
B. The term "student" includes all persons currently registered
at the University, both full-time and part-time, pursuing undergraduate,
graduate, or professional studies. Persons who are not officially enrolled
for a particular term but who have a continuing relationship with the
University are considered "students".
C. The term "faculty member" means any person employed by
the University to conduct academic activities. The term "staff
member"
means any person employed by the University in a non-teaching or non-academic
capacity.
D. The term "University official" includes any person employed
by the University, performing assigned administrative or professional
responsibilities.
E. The term "member of the University community" includes
any person who is a student, faculty/staff member, University official
or any other person employed by the University. A person's status in
a particular situation shall be determined by the Vice Chancellor of
Student Affairs.
F. The term "University premises" includes all land, buildings,
facilities, and other property in the possession of or owned, used or
controlled by the University including adjacent streets and sidewalks
and by organizations chartered and registered with the University.
G. The term "organization" means any group that has complied
with the formal requirements for University registration at the Arkansas
Union Office for Student Involvement & Leadership.
H. The term "University activity" means any activity sponsored
by the University, any agency of the University, or any University organization
that may be attended in part or whole by students, faculty members,
staff members, or other members of the general public and conducted
on or off University premises.
I. The term "Judicial Board" means any group of persons authorized
by the Judicial Coordinator to determine responsibility and outcomes
for alleged code violations.
J. The term "Judicial Coordinator" means a University official
authorized by the Associate Vice Chancellor for Student Affairs to administer
the judicial system. This person, located in the Office for Judicial
Affairs, may serve as a judicial adviser, administrative hearing officer,
and adviser to a judicial board. This person is authorized to impose
sanctions in all cases heard administratively.
K. The term "Appellate Board" means the next higher-level
hearing board as established in these procedures to consider an appeal.
L. The terms "shall", "should", "will"
are used in the imperative sense.
M. The term "may" is used in the permissive sense.
N. The Associate Vice Chancellor for Student Affairs-Dean of Students
is that person designated by the Faculty to be responsible for the supervision
of the Judicial Review System.
O. The term "policy" is defined as the written regulations
of the University as found in official University publications but not
limited to Undergraduate and graduate catalogs.
P. The term "Code of Conduct" refers to the code of conduct
found as Article II of this document.
Q. The term "Complainant" is defined as the person making
the referral to the Office of Judicial Affairs of a person or group
who may be in violation of the University of Arkansas Code of Conduct.
R. The term "Respondent" is defined as the student or group
alleged to have violated the University of Arkansas Code of Conduct
in an official complaint filed with the Office of Judicial Affairs.
S. The term "Hearing Officer" is defined as any University
official authorized by the Judicial Coordinator to hear cases referred
for administrative review.
T. Quorum - a simple majority of members of a judicial board present.
ARTICLE II: Code of Conduct
Any student, undergraduate or graduate, found to be responsible for the
following misconduct is subject to the disciplinary sanctions outlined
in Article VI:
A. Academic dishonesty is considered a disciplinary offense and involves
acts that may subvert or compromise the integrity of the educational
process. Included is any act by which a student gains or attempts to
gain an academic advantage for himself or herself or another by interfering
with the completion, submission or evaluation of work. These include,
but are not limited to, accomplishing or attempting any of the following
acts:
1. Altering of grades or official records.
2. Using any materials that are not authorized by the instructor
for use during an examination.
3. Copying from another student's paper during an examination.
4. Collaborating during an examination with any other person by
giving or receiving information without specific permission by the
instructor.
5. Stealing, buying, or otherwise obtaining information about a
previously unadministered examination.
6. Collaborating on laboratory work, take-home examinations, homework,
or other assigned work when instructed to work
independently.
7. Substituting for another person or permitting any other person
to substitute for oneself to take an examination.
8. Submitting as one's own a theme, report, term paper, essay, computer
program, other written work, speech, painting, drawing, sculpture,
or other art work prepared totally or in part by another.
9. Submitting, without specific permission of the instructor, work
that has been previously offered for credit in other courses.
10. Plagiarizing, defined as the offering of one's own work the
words, ideas, or arguments of another person without appropriate attribution
by quotation, reference, or footnote. Plagiarism occurs both when
the words of another are reproduced without acknowledgment, or when
the ideas or arguments of another are paraphrased in such a way as
to lead the reader to believe that they originated with the writer.
It is the responsibility of all University students to understand
the methods of proper attribution and to apply those principles in
all materials submitted.
11. Sabotaging of another student's work.
12. Falsifying or committing forgery of any University form or document.
13. Submitting altered or falsified data as experimental data from
laboratory projects, survey research or other field research.
14. Committing any willful act of dishonesty that interferes with
the operation of the academic process.
15. Facilitating or aiding in any act of academic dishonesty.
16. Falsifying research data or results.
B. Furnishing false or misleading information to any University official,
faculty member or office.
C. Forgery, alteration or misuse or unauthorized possession of any
University documents, records or instrument of identification.
D. Tampering with the election of any University recognized student
organization.
E. Disruption or obstruction of teaching, research, administration,
disciplinary proceedings or other University activities.
F. Physical abuse, threats communicated in any manner against a person
or property, harassment, coercion, acts that are injurious or that hold
another person against his or her will and/or other conduct that threatens
or endangers the health or safety of any person.
G. Attempted or actual theft, destruction, damage, unauthorized possession
or use of property of the University or property of a member of the
University community or other personal or public property.
H. Hazing, defined as any activity causing mental or physical stress
and/or embarrassment that is required of an individual joining or belonging
to any organization. Arkansas Act 75 of 1983, "An Act to prohibit
hazing in any school, college, university or other educational institution
in Arkansas" will be enforced both on and off campus and by all
University organizations.
I. Failure to comply with directions of University officials or law
enforcement officers acting in the performance of their duties and/or
failure to identify oneself to these persons when requested to do so.
J. Unauthorized possession, duplication or use of keys to any University
premises or unauthorized entry to or use of University premises.
K. Violation of published University policies, rules or regulations.
It is the responsibility of students to be familiar with other university
policies that relate to appropriate behavior at the University. The
rules include but are not limited to:
1. Residence and Dining halls rules and regulations
2. Sexual Harassment Policy
3. Sexual Assault Policy
4. Off-campus travel of students representing the University
5. Campus sound ordinance
6. Campus policy for social events
7. Code of computing practice
8. Codes of intramural sports and activities
L. Violation of federal, state or local law on University premises
or at sponsored or supervised activities.
M. Use, possession, distribution or manufacture of narcotic or other
controlled substances except as expressly permitted by state and federal
law, and the University of Arkansas Policies on Alcohol and Other Drugs.
N. Use, possession or distribution of alcoholic beverages except as
expressly permitted by law and the University of Arkansas Policies on
Alcohol and Other Drugs, or public intoxication.
O. Any activity or demonstration that:
1. Interferes with campus order and access, the normal functioning
of the University or the rights of other members of the University
community.
2. Results in injury to individuals on the campus, damage to individual
or University property or unauthorized attempted or actual entry into
University buildings.
3. Interrupts the proceedings of a scheduled University or student-sponsored
program, activity or event (permission to participate in these events
must be granted by the sponsoring organization prior to the program).
4. Present clear and impending threat to the safety of individuals,
to University property, or to the University community generally.
P. Organizing or participating in conduct listed in O above.
Q. Conduct that is disorderly, lewd and indecent, that is, behavior
that, based on University community standards, appeals to basically
prurient interests; breach of peace, or aiding, abetting or procuring
another person to breach the peace on University premises or at functions
sponsored by, or participated in by the University.
R. Gambling on University premises.
S. Keeping or bringing pets on University premises. Exceptions to this
regulation are as follows:
1. Guide dogs for the visually impaired.
2. Animals under the control of and used by academic departments
for approved teaching and/or research purposes.
3. Animals used in approved art performances.
4. Fish kept in an aquarium and small caged birds.
5. Other animals/pets as approved by a department of the University
of Arkansas.
T. Abuse of the judicial system, including but not limited to:
1. Failure to obey the summons of a judicial body or University
official.
2. Falsification, distortion or misrepresentation of information
before a judicial body.
3. Disruption or interference with the orderly conduct of a judicial
proceeding.
4. Knowingly filing a false complaint or allegation.
5. Attempting to discourage an individual's proper participation
in, or use of, the judicial system.
6. Attempting to influence the impartiality of a member of a judicial
body prior to, and/or during the course of the judicial proceeding.
7. Harassment (verbal or physical) and/or intimidation of a judicial
board member, complainant or witness prior to, during, and/or after
a judicial proceeding.
8. Failure to comply with the sanctions imposed by a judicial board,
judicial coordinator, or hearing officer.
9. Influencing or attempting to influence another person to commit
an abuse of the judicial system.
U. The possession of firearms, explosives, air guns and other weapons
or replicas on University premises as prescribed in the University Firearms
Policy.
V. Stalking, defined as repeatedly contacting another person when:
1. The contacting person knows or should know that the contact is
unwanted by another person.
2. The contact causes the other person reasonable apprehension of
imminent physical harm or the contacting person knows or has reason
to know that the contact causes substantial impairment of the other
person's ability to perform the activities of daily life.
3. As used in this subsection, "contacting" includes but
is not limited to communicating with or remaining in the physical
presence of the other person.
ARTICLE III: Judical Authority
A. The Dean of Students' Office is delegated the authority to administer
the judicial process as recommended by the Committee on Student Relations
(CSR) of the Campus Faculty.
B. The Campus Faculty has vested in the CSR and the Vice Chancellor
for Student Affairs the responsibility for:
1. Granting full authority to judicial boards who meet implementation
standards.
2. Withdrawing full authority from judicial boards when necessary.
3. Annually reviewing activities of the Judicial Office, the Judicial
Coordinator, and all judicial boards.
4. Annually reviewing statistics of activities of the Judicial Coordinator
and the judicial boards.
5. Reviewing at least 5% of the cases to determine if the rights
of all participants in the process were protected and appropriate
sanctions were imposed if and when a student was found responsible
for a code violation.
6. Annually evaluating the Judicial System and code of conduct.
7. Annually reporting to the faculty on their review, and recommending
changes as they become necessary.
8. Any question of interpretation regarding the Student Code shall
be referred to the Vice Chancellor for Student Affairs or his or her
designee.
9. The Judicial System (this document) shall be reviewed every five
(5) years under the direction of the Dean of Students, the Judicial
Coordinator or their designee in conjunction with the Committee on
Student Relations, and make recommendations to the faculty.
C. The Judicial Coordinator shall implement policies governing the
composition of judicial bodies and determine which judicial board shall
be authorized to hear each case.
D. The Judicial Coordinator shall implement policies and procedures
for the administration of the judicial program and procedural rules
for the conduct of hearings that are consistent with provisions of the
Code of Conduct.
E. The Judicial Coordinator will make the determination and recommendation
of the method of hearing each complaint or allegation. Cases involving
less serious, non-contentious first offenses may be reviewed administratively.
Others will likely be reviewed by a judicial board.
F. The Judicial Coordinator is authorized to provide other opportunities
for conflict resolution outside of the judicial process if all involved
parties agree. These may include mediation or arbitration. The choice
of
conflict resolution must be mutually agreed upon by all parties after
review of procedures and potential terms of resolution.
G. A graduate or professional school may establish standards of conduct
and accompanying methods of procedures and enforcement. That school
may apply to the Judicial Coordinator for exemption from these codes
in whole or in part. Upon a determination that the standards and methods
of that school are comparable to those contained in these codes, the
Judicial Coordinator shall grant an exception.
H. Decisions made by a judicial body and/or the Judicial Coordinator
shall be final, pending an appeal process.
ARTICLE IV: Judicial Structure
A. Judicial Hearings and Boards:
1. Complaints and allegations of violations of the Code of Conduct(Article
II) can be heard administratively or by boards as presented below.
2. The University's judicial system will consist of two (2)boards;
an All-Student Judiciary (ASJ), and an All-University Judiciary (AUJ).
The ASJ is composed of all students, while the AUJ includes faculty
members as well as students.
3. The AUJ has higher authority than the ASJ as defined in jurisdictions
described below.
4. Boards shall be convened by the Judicial Coordinator as prescribed
below to hear cases of alleged violations of campus policies, rules,
regulations, and codes including all but not limited to those provided
in Article II above.
B. The All-Student Judiciary:
1. MEMBERSHIP: Procedures to select the All Student Judiciary Board
(ASJ) members will be initiated and supervised by the Judicial Coordinator.
To begin the process of choosing a qualified board, a selection timetable
will be developed and publicized with the assistance of and in consultation
with the following student governing groups: Associated Student Government
(ASG), the Resident's Interhall Congress (RIC) (or designated representative),Black
Student's Association (BSA), the Interfraternity Council (IFC) and
the Pan-Hellenic Council executive committees. Board member recruitment
should be the cooperative responsibility of both the Office of Judicial
Affairs and the aforementioned student governance groups. In addition,
the recruitment should be campus-wide and the pool of candidates should
reflect the diversity of the University community.
a. Applications for ASJ membership will be submitted to the Office
of Judicial Affairs and reviewed by the ASG Executive Committee
or the appropriate designated committee. Qualified applications
will be forwarded to the Judicial Coordinator.
b. Interviews for ASJ will be conducted by a selection committee
consisting of the Judicial Coordinator and representatives from
student governing groups (listed above).
c. This committee should select 11 members and three alternates
to serve one-year terms who meet at least the following minimum
qualifications:
1) A cumulative GPA of not less than 2.5 that will be maintained
throughout the duration of a student's participation.
2) "Good standing" with the university i.e., members
should not be on academic or disciplinary probation.
3) A minimum of 12 hours of course work completed at the University.
d. The selections must be approved by the Executive Committee
of ASG and the Dean of Students.
e. From the members selected for ASJ, a chairperson will be selected
by majority vote.
f. Members shall serve one-year terms, and are eligible to serve
additional terms with re-application, appointment and approval as
proscribed above.
g. The Judicial Coordinator shall serve as a non-voting adviser
to ASJ.
2. JURISDICTION: The ASJ board shall be convened to hear cases involving
alleged violations of university, fraternity, sorority and/or Residence
& Dining Hall regulations allegedly committed by students within
or on the University premises. This board will also be assembled to
hear alleged violations that occur in the context of an event sponsored
by or related to a student association or organization or University
activity.
3. VACANCIES: Vacancies on ASJ that cannot be filled by alternate
board members selected, will be filled by a process developed by the
Judicial Coordinator and the ASG executive committee. The selection
must be approved by the Dean of Students.
C. The All-University Judiciary:
1. MEMBERSHIP: The AUJ shall be composed of nine (9)members; five
(5) faculty and four (4) students. AUJ's members are appointed by
the Vice Chancellor for Student Affairs.
a. The five faculty members serving on AUJ will be selected from
applicants recommended by the University Faculty's Committee on
Committees. Faculty members will serve for three years.
b. The Judicial Coordinator shall serve as an ex-officio, non-voting
member of AUJ and clerk to the board.
c. The four students named to the board will be selected from
a pool of candidates who have been recommended by the ASG and meet
the minimum board member requirements previously outlined. The students
should represent the diverse population of the University community
2. JURISDICTION: Campus faculty legislation that established the
All University Judiciary has granted this group jurisdiction over
the All Student Judiciary board.
a. The AUJ is responsible for hearing more serious violations,
endangerment of others, those which require the consideration of
suspension or expulsion, and appeals of decisions made by the ASJ
as well as ASJ's recommendations of suspension, indefinite dismissal,
and expulsion.
b. As the University's chief judicial body, AUJ has also been
charged with hearing and reviewing the substance of a regulation
or administrative decision alleged to be inconsistent with university
conduct guidelines.
c. This board has been granted exclusive jurisdiction to hear
all referred cases of alleged academic dishonesty.
d. The chair of AUJ will be chosen from among the five faculty
members.
3. VACANCIES: Vacancies that occur on the AUJ Board should be filled
by appointment by the Vice Chancellor for Student Affairs. When practical,
student members appointed by this process should be selected from
the candidates recommended as a result of the original selection process.
D. Ad Hoc Boards: When circumstances such as University holidays and
summer terms render a judicial board hearing impractical, and a hearing
before a single hearing officer is not well advised, the Judicial Coordinator
may convene an ad hoc administrative hearing panel. The membership of
the panel shall be approved by the Vice Chancellor for Student Affairs
or his/her designee. Where possible the ad hoc panel will include a
student representative or representatives. When convened the ad hoc
panel shall assume the authority equal to the board that otherwise would
have heard the referral.
E. Off Campus Jurisdiction:
1. Students are expected to be familiar with and observe all provisions
of federal, state and local laws.
2. Those who violate public law while on campus may be subject to
disciplinary action through the University judicial system in addition
to action that may be taken by civil authorities.
3. In general, students who violate federal, state or local laws
while off campus but not with any violation of this Code, will not
be subject to University jurisdiction unless the clear and distinct
interest of the University is involved or affected or the violation
was grave misconduct that demonstrates flagrant disregard for the
University community. In such cases, no sanction will be imposed unless
the student has been found guilty in a court of law or has declined
to contest such charges, although actually admitting guilt (e.g. "no
contest" or "nolo contendere").
4. University disciplinary proceedings may be instituted against
a student charged with a violation of a law that is also a violation
of this Code or University Policies, for example, if both violations
result from the same factual situation, without regard to pending
civil litigation in court or criminal arrest and prosecution. Proceedings
under this Code of Conduct may be carried out prior to, simultaneous
with, or following civil or criminal proceedings off-campus.
5. When a student is charged by federal, state or local authorities
with a violation of law, the University will not request or agree
to special consideration for that individual because of his or her
status as a student. If the alleged offense is also the subject of
a proceeding before a judicial body under the Student Code, however,
the University may advise off-campus authorities of the existence
of the Student Code and of how such matters will be handled internally
within the University community.
6. The University will cooperate fully with law enforcement and
other agencies in the enforcement of criminal law on campus and in
the conditions imposed by criminal courts for the rehabilitation of
student violators.
7. Individual students and faculty members, acting in their personal
capacities, remain free to interact with governmental representatives
as they deem appropriate.
F. Residence and Greek Life Jurisdiction. The Judicial Coordinator
may delegate authority to Resident Directors, Assistant Directors or
the Greek Affairs Coordinator to conduct administrative hearings to
review alleged violations of the living unit. This review may be offered
to students who are first time offenders or for less serious violations.
1. Resident Directors and Assistant Directors shall be designated
hearing officers and delegated the authority to review alleged violations
of residence hall policy and violations of university policy within
the residence environment.
2. The Greek Affairs Coordinator may be designated as hearing officer
and delegated the authority to review alleged violations of Greek
life policy such as rush violations, and violations of University
policy or campus Code of Conduct.
3. Sanctions that may be imposed are those other than complete removal
from residence living or a Greek house, disciplinary probation or
removal from the University.
4. This review will follow policies and procedures consistent will
the judicial review process and will be supervised by the Judicial
Coordinator.
5. All other cases will be referred to the Office of Judicial Affairs.
Records of all judicial proceedings authorized pursuant to this Code
of Conduct will be maintained in the Office of Judicial Affairs.
ARTICLE V: Judicial Procedures
A. Complaints and Allegation
1. Complaints and allegations of code of conduct violations may
be accepted from any person or persons with the direct knowledge of,
or a reasonable suspicion of possible violation(s) of public law,
university conduct regulations, living group or residence hall regulations
involving University of Arkansas students or student organizations.
2. Complaints and allegations should be made to the Office of Judicial
Affairs (Arkansas Union, M405).
3. Persons making allegations are expected to provide information
in writing pertinent to the alleged violation and shall normally be
expected to present this information to a judicial board or hearing
officer as a complainant.
a. In instances where the University has a specific interest in
a violation of any section of the Code, an appropriate University
Official may bring an allegation and may file a complaint with the
Office for Judicial Affairs.
4. Any complaint or allegation should be made within ten (10) class
days after the discovery of the alleged incident.
5. Faculty members shall refer incidents involving alleged academic
dishonesty within five (5) working days from the discovery of the
incident.
6. The Judicial Coordinator shall provide any necessary information
regarding the University judicial process to victims or those referring
cases and students accused of code violations.
7. The Judicial Coordinator may conduct an investigation to determine
if the charges have merit and are within the jurisdiction of the code.
The Judicial Coordinator shall then determine if they can be disposed
of administratively or by other forms of conflict resolution by mutual
consent of the parties involved on a basis acceptable to the Judicial
Coordinator. Such disposition by mutual consent shall be final and
there shall be no subsequent proceedings. If no form of resolution
can be determined by mutual consent, the Judicial Coordinator will
refer the matter to the appropriate Judicial Board.
B. Pre-hearing Conference with Respondent
1. Upon receipt of a reported violation, the Judicial Coordinator
or hearing officer will provide written notice to the student or students
involved that they are required to meet for a pre-hearing conference.
This meeting should be scheduled within five (5) working days of notification.
If the reported incident involves student organization, an appropriate
representative will be notified to schedule and attend a pre-hearing
conference.
2. The pre-hearing conference has the following purposes:
a. Inform the student, students or student group (hereafter termed
respondent)of the allegation or charge in writing.
b. Explain relevant rights and responsibilities.
c. Permit a preliminary review of the facts alleged so that possible
witnesses and/or evidence may be identified.
d. Determine if University counsel need be present.
3. This preliminary review will assist in determining the manner
in which this referral will be resolved and, if appropriate, which
judicial board will review the matter. The pre-hearing conference
may also serve to notify the respondent of the date, time, location
of a hearing, and notice of charges.
4. To document this meeting and its results, a copy of the pre-hearing
information form shall be completed and signed by each party. This
copy will become part of the case file.
C. Rights and Privileges of Respondents. Judicial procedures assure
protection of the following student rights to due process:
1. NOTICE OF CHARGES. Students alleged to have violated university
conduct regulations(hereafter "respondents") shall be provided
notice of the allegation no less than seventy-two (72) hours before
the scheduled hearing. Such notice should be of sufficient detail
(including names of witnesses and nature of evidence to be presented)
to permit the student the opportunity to prepare his or her response.
2. NOTICE OF HEARING. Respondents shall be provided written notification
of hearing date, time and location not less than seventy-two (72)
hours in advance.
3. APPEARANCE. Respondents are required to appear in person at the
scheduled hearing. Except in the case of a student charged with failing
to obey the summons of a judicial body or University official, no
student may be found to have violated the Code of Conduct solely because
the student failed to appear before a judicial body. Failure to
appear will result in the hearing being rescheduled. Failure to appear
may result in a charge of contempt as described in Section H. below.
In incidents involving more than one respondent, the Judicial Coordinator,
at his or her own discretion, may permit a hearing for each respondent
to be conducted separately.
4. ADVISER.
a. Respondents are entitled to be accompanied by no more than
two advisers of their choice. Adviser(s) must be members of the
university community, such as students, faculty or staff, and shall
not actively participate in the hearing.
b. Other lay or professional advisers may be permitted to accompany
students appearing before the All-University Judiciary at the respondent's
expense. Should lay or professional advisers be invited to attend,
their number shall not exceed two(2) and they shall not be permitted
to actively participate in the hearing.
c. The intent to use advisers shall be indicated to the Judicial
Coordinator at the pre-hearing conference.
d. If the respondent chooses to be advised by legal counsel, the
University counsel may also be present.
e. The respondent(s) is responsible for presenting his or her
own case.
5. EXAMINE AND QUESTION EVIDENCE. The respondents shall be entitled
to question the testimony of complainants and witnesses.
6. RIGHT TO FACE OPPOSING PARTY. The respondent has the right to
have the complainant present at the board hearing to question statements
or evidence. The respondent may waive this right. In the event the
respondent requests the presence of the complainant and the complainant
is absent from the hearing, the respondent may either waive his or
her right or request a delay in the hearing until a time the complainant
is present.
7. RIGHT TO AN IMPARTIAL HEARING. It is expected that board members
who believe their relationship with the case or individuals involved
may affect their ability to participate objectively shall voluntarily
decline to participate in deliberations. However, any party (i.e.
complainant, respondents, board chair, board member, or board adviser)
may challenge the impartiality of a board member on the basis of personal
bias. If such an objection is raised and sustained by a majority vote
of the board members present, the board member in question shall refrain
from participation in deliberation.
8. CONFIDENTIAL PROCEEDINGS. All hearings shall be closed to the
public. The complainant and/or the respondent may request permission
to admit observers. If both agree, the board will consider this request
in executive session and may or may not grant admission.
9. NOTICE OF DECISION AND RATIONALE. Respondents are entitled to
a written explanation of the decision and reasoning of the board.
A recording of the proceedings will be provided to the Vice Chancellor
of Student Affairs or the appellate board should the need arise. This
recording is a confidential academic record and the property of the
University.
10. BOARD QUORUM. Respondents are entitled to a determination of
quorum of impartial board members before a hearing will proceed. If
a quorum of impartial board members is not present as determined by
the board chair, the hearing will be rescheduled.
11. APPEAL. Appeals of a board decision may be initiated by the
respondent as outlined in Section J. below.
D. Pre-hearing Conference for Complainant/Victim. The complainant and
the victim may not necessarily be the same person. However, they are
both provided the same access to the judicial system under the Code.
The University can be a complainant in any action regarding a code violation
where a specific University interest is addressed or raised. Therefore,
an appropriate University Official shall be afforded the same access
to the process under this section.
1. ACCESS TO INFORMATION. Complainants/victims shall be provided
notice of additional information discovered in any investigation of
all allegation by the complainant. Such notice should be of sufficient
detail (including names of witnesses and nature of evidence to be
presented by the respondent, and use of advisers by the respondent)
to permit the student the opportunity to prepare his or her response.
2. NOTICE OF HEARING. Complainants/victims shall be provided written
notification of a hearing date, time and location not less than seventy-two
(72) hours in advance of the hearing.
3. APPEARANCE. The complainant/victim must appear if requested to
do so by the respondent. The complainant/victim is responsible for
presenting his or her own case. Should the complainant/victim choose
not to participate in any stage of the judicial process, in being
present or having their interests expressed in any form, pursuance
of the matter may be jeopardized due to lack of evidence or due process.
4. ADVISER. Complainants/victims are entitled to be accompanied
by no more than two (2) advisers of their choice. These advisers must
be members of the University community, such as students, faculty
or staff, and shall not actively participate in the hearing. Other
lay or professional advisers may be permitted to accompany students
appearing before the All-University Judiciary at the complainant's
expense. Should lay or professional advisers be invited to attend,
their number shall not exceed two (2) and they shall not be permitted
to actively participate in the hearing. If the complainant/victim
chooses to be advised by legal counsel, the University counsel may
also be present.
5. EXAMINE AND QUESTION EVIDENCE. The complainant/victim shall be
entitled to question the testimony of respondents and witnesses.
6. CONFIDENTIAL PROCEEDINGS. All hearings shall be closed to the
public. The board shall rule on requests for permission to admit observers.
If no objection is raised by the respondent(s) or any member of the
board, a request may be granted.
7. NOTICE OF DECISION AND RATIONALE. Complainants/victims are entitled
to a written explanation of the decision, reasoning, and sanction
or sanctions to be determined by the board as permitted by law.
8. APPEAL. Appeals of a board decision may be initiated by the complainant/victim
as outlined in Section J. below.
E. Referral for Psychological Evaluation. If authorized individuals
determine that a respondent should undergo a psychological evaluation
prior to a hearing before a judicial board or hearing officer, the student
should be administratively referred to the appropriate agency for such
evaluation according to the guidelines outlined below.
1. Those professional staff members authorized to make an Administrative
Referral are the Vice Chancellor for Student Affairs, the Dean of
Students, the Director of Housing or Assistant Director of Housing
programs.
2. When an authorized professional staff member has reasonable cause
to believe that a student is undergoing severe emotional problems,
and when the student's continued presence on campus would apparently
present danger to himself and/or others, the staff member may direct
the student to consult with the Director of the Center for Counseling
and Psychological Services (CAPS). In the event the student should
refuse, interim action from the University may be invoked (see relevant
Guidelines for interim suspension action Section F in this document).
3. Whenever possible, the student who is being administratively
referred to the Center for Counseling and Psychological Services will
be accompanied by an appropriate professional staff member related
to Student Affairs.
4. The Director of CAPS may recommend that the student withdraw
from the University to seek psychological/medical treatment. If withdrawal
is recommended, the Director will notify the Dean of the College in
which the student is enrolled. It is understood that such withdrawal
will result in a "W" for all course work.
5. The Registrar will be directed to place a hold on the student's
file so that any re-admission application will come to the attention
of the Director of CAPS and the Dean of Students.
6. The Director of CAPS will file a report of any action taken regarding
a change in the student's status to the office of the Vice Chancellor
for Student Affairs, and Dean of Students. Other appropriate personnel
will be notified by this office (e.g. Resident Director if the student
is living in a residence hall).
F. Interim Action. In certain circumstances the Vice Chancellor for
Student Affairs, the Dean of Students or his or her designee may impose
restrictions, change of living arrangements, change in class schedule
or other action that will insure the safety and welfare of members of
the University community. When such action is taken, pending adjudication,
it will be reviewed by the judicial board hearing the case and may be
continued or modified. The condition of the interim action will be clearly
presented to the respondent. In the event that interim action is invoked,
the student or student organization will be afforded an informal preliminary
hearing by the Vice Chancellor for Student Affairs or the Dean of Students
or his or her designee before interim action is implemented. At this
hearing the student or student organization shall be given an opportunity
to present their reasons why they do not constitute a threat to the
safety, health or welfare of other members of the University community.
Violation of interim action is a violation against the judicial procedures
and may result in further action.
G. Administrative Hearings. If, in the shared opinion of the respondent(s)
and the Judicial Coordinator, a full-scale judicial board hearing may
not be necessary to resolve the matter, a student or student organization
may choose to have the facts referred to a single hearing officer for
an administrative hearing. In most cases the single hearing officer
will be the Judicial Coordinator, a properly trained member of his or
her staff, or an official designated by the Dean of Students. This option
may be appropriately offered when the relevant facts of a case are sufficiently
clear and available or uncontested, and the relationship between the
hearing officer and respondent is free from duress or coercion and otherwise
conducive to an objective and fair hearing. Administrative hearings
will provide respondents with an opportunity to present their view of
the allegations and an opportunity to examine evidence used to make
a decision. The hearing officer will have the authority equal to the
board that otherwise would have heard the referral. All rights of due
process previously prescribed will be followed prior to administrative
hearings.
H. Board Hearings. Judicial board proceedings are intended to provide
complainant and respondent an opportunity to confidentially present
and compare evidence related to the incident or allegation. The Board
makes a determination of fact regarding whether there has been a violation
of University policy, rules and regulations as contained in the Code
of Conduct. In order that board members may communicate efficiently
and effectively, hearing procedures will be structured only as much
as is necessary to insure order, afford, appropriate due process and
impartiality of presentation. The following procedural guidelines shall
be arranged to accommodate the issues in question and meet the needs
of the board:
1. Following a call to order the board chair will facilitate the
introduction of board members, complainant, respondent, advisers,
and witnesses.
2. Complainant and respondents will provide an opportunity to challenge
the impartiality of any board member on the basis of personal bias.
If such a challenge is made and sustained by a majority vote of the
other board members present, the board member whose objectivity is
in question shall refrain from participating in deliberation.
3. The board chair will then establish that a quorum of board members
is present. In the event a quorum has not been convened respondents
will be offered the opportunity to either:
Judicial Process Chart
Judicial Process chart
a. Waive their right to a quorum (documenting this waiver with
a signature)and proceed; or
b. Re-convene when a quorum can be assembled.
4. The chair will next explain the order of hearing events and read
the statements of charges or reason for appeal.
5. The witnesses present will then be excused until such time as
their testimony is required.
6. Testimony begins with an opening statement by the complainant
including evidence available to support the charge. When affidavits
and hearsay evidence are admitted, boards shall be cognizant of the
indirect nature of such evidence. Thus, while it would be improper
for a party to object to the admission of this form of evidence, it
would be proper for a party to question the credibility of the evidence.
The respondent's opportunity to make a similar opening statement follows.
7. Following the respondent's opening statement, board member's
questions will attempt to reconcile any differences or discrepancies
in the facts presented. The testimony of witnesses may be helpful
to this end. Given the interest in acquiring a complete and accurate
understanding of the incident, all parties will be provided the opportunity
to examine, cross examine and rebut any and/or all evidence and testimony.
No party shall be permitted to use threatening or abusive language,
engage in excessive argumentation, interrupt the proceedings with
redundant or frivolous objections or otherwise disrupt the proceedings.
8. When, to the satisfaction of the board members, questioning is
complete, both complainant and respondent will be allowed an opportunity
to summarize their positions and in their closing statements offer
any considerations not covered in previous testimony.
9. Deliberation: with testimony concluded, the Chairperson will
excuse all parties and initiate deliberation by the board.
a. Decisions will be reached by consensus or majority vote. The
Chair will not vote except in the case of a tie vote.
b. All procedural questions are subject to the final decision
of the Chairperson.
c. The judicial board's determination shall be based on the intent,
evidence, and testimony indicating whether or not it is more likely
that the respondent violated the Code.
d. Decisions of the Board shall require the following:
1) That the burden of proof rest with the complainant.
2) That if a violation has been found, the sanction or remedy
will be imposed.
3) Consensus or the vote by a simple majority of board members
present.
10. Respondents are entitled to a written explanation of the decision
and reasoning of the board. This written decision should specifically
address the findings outlined.
I. Failure to Appear/Contempt. In the event a student fails to respond
to a request to appear for a pre-hearing conference with the Judicial
Coordinator, he or she shall be authorized to place a hold on the registration
records of that student. When a properly notified respondent fails to
appear at the designated hearing, a charge of contempt will be issued.
In considering this charge, the board shall review evidence of notice,
and if it is established that the student has been properly notified,
as a matter of routine the board is obliged to find the student guilty
of the charge of contempt. As a consequence of this finding the student
shall be placed on disciplinary probation. It should be noted that this
hearing is not a hearing on the original charges, instead evidence and
testimony shall relate only to the contempt charge. The Judicial Coordinator
or his/her office staff shall then notify the student of the board's
action by certified mail. With this letter the respondent is notified
of the date, time, and location the rescheduled hearing of facts related
to the original charge will occur. Should the student fail to appear
for the rescheduled hearing without reasonable cause, the board shall
initiate and rule on a second charge of contempt. If the respondent
is found responsible on the second occasion, this constitutes a violation
of the terms specified in the definition of disciplinary probation and,
without mitigating circumstances, may result in suspension for a minimum
period of one semester. If the certified letter prompted by the respondent's
first failure to appear successfully compels the student's participation
in the scheduled hearing, the board shall first provide the respondent
an opportunity to explain the circumstances surrounding his or her earlier
failure to appear. The board shall then proceed to hear the facts of
the original referral. At the board's discretion, the initial response
of disciplinary probation may be continued, modified, or rescinded.
J. Appeals. Appeals may be initiated by any party adversely affected
by the original board decision. "Any party" shall be construed
to include complainants or respondents. Appeals should be made in writing
to the Judicial Coordinator, within three (3) schooldays of the appealed
decision.
1. GROUNDS FOR APPEAL. General policy: It is not the function of
the appeals process to permit are hearing of the factual issues presented
to the boards or hearing officer; rather the function of the appeals
procedure is to ensure the procedural correctness and fairness of
the judicial process. Thus, grounds for entertaining appeals are specifically
limited to the following:
a. Irregularities in due process that influenced the outcomes
of the original hearing. It is the burden of the party seeking relief
to demonstrate the original decision would more probably than not
have been different had the irregularity or error not occurred.
b. Demonstrated prejudice against either respondent or complainant
on the part of a hearing officer or board member who participated
in the hearing. This prejudice must be more than simple opposition
to the appealing parties' point of view, instead evidence must show
a significant conflict of interest, bias, pressure or influence
that prevented a fair and objective hearing.
c. Discovery of new and significant evidence clearly not available
at the time of the original hearing.
d. A sanction that is extraordinarily disproportionate to the
violation.
2. APPEALS FROM ASJ TO AUJ. Matters in which ASJ decided as the
board of original jurisdiction may be appealed to AUJ on the grounds
outlined above. The AUJ has the option to affirm, modify, or reverse
the ASJ's decision. The AUJ also has the option to remand the case
to the ASJ if circumstances warrant.
3. APPEALS OF AUJ DECISIONS. Appeals regarding academic matters
should be addressed through the Vice Chancellor of Academic Affairs
to the Chancellor. Appeals regarding conduct matters should be addressed
through the Vice Chancellor of Student Affairs to the Chancellor.
The following instructions for appeal should be followed by respondents
or complainants:
a. Respondents and complainants are permitted to appeal a board
or hearing officer's finding and sanction to the next higher judicial
board or appropriate hearing officer.
b. The respondent wishing to appeal may indicate this by checking
the appropriate box on the post-hearing form.
c. To begin the process of appeal, a written request outlining
the reasons for appeal must be submitted to the Judicial Coordinator.
d. The Judicial Coordinator's office will forward this request
to the appropriate appeal board or Vice Chancellor who will set
a date for reviewing the case.
e. Appeals should be based upon limited grounds (outlined above).The
board and hearing officer reserve the right to review only that
portion of the original hearing that deals with the appeal.
f. The appellate board or hearing officer upon reviewing the case,
will have several options. It may affirm, modify, or reverse the
original decision. In cases where the original action is inappropriate
as a result of issues involved in the appeals, the appel-late body
may, in very rare circumstances, remand the case to the original
board or hearing officer, modify the original action, or order a
completely new hearing.
K. Discipline Records. A transcript records only information of an
academic nature and of disciplinary action that denies the privilege
of the student to continue in or return to the University. Other discipline
records are kept for five (5) years from the date of the final hearing
of the case, after which time they are destroyed. Discipline records
for individuals are confidential and are not made available to unauthorized
persons except upon consent of the student or in response to legal processes.
Discipline records for student organizations are not protected by The
Family Educational Rights and Privacy Act.
ARTICLE VI: Sanctions
When judicial boards or hearing officer has determined that a student
or a group of students has violated the University Code of Conduct, policies,
rules, and regulations or public law, each is obligated to respond in
a manner that will redirect the individual or group's inappropriate behavior,
encourage responsible judgment and ethical reasoning, protect the community's
property and rights, as well as affirm the integrity of the institution's
conduct standards. The type of sanction and the basis for assigning a
sanction will be given to the complainant and respondent in a written
form. The Boards and Judicial Coordinator are authorized to impose any
one or a combination of the following sanctions:
A. Official Reprimand. This reprimand serves as notice to the student
that the referred incident reflects behavior unacceptable to the community
and inconsistent with University regulations. Use of this sanction is
meant to document the experience and warn the student or student group
that future violations are likely to result in more severe judicial
consequences. A written summary of the reprimand will be given to the
student and a copy placed in the case file.
B. Conduct Probation. Conduct Probation is a final warning regarding
committed violation and it is an opportunity for the student or student
group to demonstrate the lesson learned and to exercise the improved
judgment. Conduct probation will be imposed for a time specified by
the hearing board or officer. A repeat violation will result in a more
severe sanction.
C. Restitution. Restitution is the likely response to situations that
involve the destruction, damage or loss of property. When restitution
is required, the board obligates the student or student group to compensate
a party or parties for a loss suffered as a result of the violation(s).
If the respondents are unable to make monetary restitution within the
required reasonable time period, the board or its designated representative
may arrange alternative means such as commensurate service and/or replacement.
D. Removal of Activity Privileges. This option may be exercised if
it is believed by the board that restricting or removing specified activity
privileges may more effectively demonstrate the University's disapproval
of the violation. It may be particularly useful when the violation is
related to an activity, such as a fight during an intramural game or
an alcohol violation at a University sponsored event. Restriction or
removal of campus-wide activity privileges may be imposed only by the
AUJ or interim action.
E. Educational Sanctions. All the consequences of the judicial hearing
are intended to be educational. In this context, the term "educational
sanctions" describes those tasks, assignments or experiences that
a student is obligated to complete as a result of a board or hearing
officer's decision. Educational sanctions may be imposed in combination
with or as a condition of probation. Examples of educational sanctions
may require the respondent to prepare letters of apology, research an
issue related to the offense, or attend a workshop, lecture or meeting,
or perform community service.
F. Personal Probation. This sanction requires a student to meet periodically
with a designated University official. This may be effective in providing
opportunities for the student or student groups to discuss or
explore more appropriate alternative behaviors, measures to prevent
situations that may result in additional violations, or instruction
in issues related to the incident referred.
G. Removal From a Living Unit. In imposing this sanction, boards may
require a student to vacate a particular residence hall, Greek living
unit or all university housing and facilities. Use of this sanction
may effect a number of results. For example it can separate students
from environments where evidence suggests adjustment has been difficult.
Circumstances in the environment such as conflicts with supervising
personnel, peer pressure, or an unwillingness to recognize and respect
the rights of others may indicate the use of this sanction. Besides
affirming the rights of other residents in the living unit, this sanction
may provide the offending student an opportunity to make a fresh start
in anew setting.
H. Disciplinary Probation. The imposition of this sanction affects
the student's good standing with the University for the duration of
the probation period. Further violations that come to the attention
of a judicial board are likely to result in suspension.
1. This probation prohibits the student or group from:
a. Applying for, campaigning for, or receiving consideration for
elected or appointed positions in student organizations and/or University
governance.
b. Consideration of good standing, thereby becoming ineligible
for University awards or honors and ineligible to accept a bid to
pledge asocial fraternity or sorority.
2. At the discretion of the board any or all of the following conditions
of disciplinary probation may be added:
a. The student or student group may be prohibited from representing
the University in inter-university events or activities.
b. The student may be prohibited from holding elected or appointed
positions in student organizations and/or University governance
(This may require the student to resign from positions held at the
time the probation is imposed).
I. Removal from University. The sanctions of suspension, indefinite
dismissal or expulsion may be imposed only by the All-University Judiciary,
the Vice Chancellor for Student Affairs, a hearing officer or ad hoc
hearing panel authorized by the Vice Chancellor for Student Affairs.
In the event the ASJ concludes that one of these sanctions is warranted,
it may forward its findings of fact, its recommended sanction, and reasoning
to the AUJ for review. If the All-University Judiciary's review results
in an approval of the recommendation it may then impose any one of suspension,
indefinite dismissal or expulsion.
1. SUSPENSION. For the specified period the student suspended is
not permitted to enroll or continue to be enrolled in classes; he
or she must remain off University premises except when an appointment
with a University official has been arranged. Suspended students are
not permitted to live or board in University facilities or approved
student organization housing (i.e. facilities owned by the University
and leased to a student organization).Students suspended may not receive
credit for University work completed by correspondence or in residence
at another university without permission from the Vice Chancellor
for Student Affairs.
2. INTERIM SUSPENSION. Interim suspension may be invoked only when
University officials have reasonable cause to believe that a student's
continued presence on University premises would pose a threat to persons
or property. Potential or threatened danger may be grounds for interim
suspension; however there must be more than an unsubstantiated fear
and apprehension of a possible disturbance. When invoking interim
suspension, the following procedures will be followed:
a. Interim suspension may be invoked only by the Chancellor or
Vice Chancellor for Student Affairs or his or her designee, in consultation
with other appropriate University officials.
b. If applicable, the student should be warned of the intention
to apply interim suspension if their action is not ceased.
c. In the event that interim suspension is invoked, the student
must be afforded an informal preliminary hearing by the Vice Chancellor
for Student Affairs or his or her designee of the University before
interim suspension takes place. At this hearing, the student shall
be given an oral or written notice of the charges against him or
her, the previously promulgated regulation under which such charges
are brought, and the nature of the evidence against him or her.
The student at this time shall be given the opportunity to present
his or her side of the case and to attempt to persuade this official
that interim suspension should not be imposed.
d. Under circumstances which render the preliminary hearing impossible
or unreasonably difficult, interim suspension may be invoked as
long as the preliminary hearing is provided as soon as those circumstances
change or disappear.
e. Following interim suspension, a full University hearing, judicial
or administrative, with all appropriate procedures and rights, shall
be provided as expeditiously as possible. The student being considered
has the burden of proving his or her intentions and ability to control
their behavior consistent with the code and University Regulations.
J. Indefinite Dismissal. Intended for use in response to a serious
violation, indefinite dismissal suspends the student until such time
as the individual can demonstrate to the AUJ that a change in behavior
patterns or rehabilitation has occurred to a degree sufficient to justify
re-admission. A specified minimum period must lapse between the date
of dismissal and a re-application for re-admission.
K. Expulsion. Expulsion is an appropriate judgment for the student
who is believed to be incorrigible or who has committed an act or series
of acts so objectionable that a permanent separation from the institution
is believed necessary. Imposition of sanctions that deny a student or
students the privilege to continue or re-enroll at the University should
be communicated to the Registrar and noted as part of the students'
transcript.
L. Group Sanctions. The following sanction options have all been developed
with the specific interest of addressing an activity that violates public
law or University regulations and is defined as related to a registered
student organization.
1. REGISTRATION PROBATION: This probation is intended to warn a
group that: if it is found to be responsible for subsequent violations
during the period of probation, the University recognition of the
organization and accompanying privileges may be restricted or revoked.
2. REGISTRATION RESTRICTION: Not unlike removal of activity privileges,
this sanction may restrict a group's ability to benefit from recognition
as a registered University student organization, including but not
limited to use of the University's name, use of University property
or facilities, and appearance in University publications such as the
yearbook. The board or hearing officer imposing this sanction is expected
to specify the privileges or benefits restricted and the length of
time they are restricted.
3. REMOVAL OF REGISTRATION: The intention of this sanction is to
revoke the offending student organization's affiliation with the institution.
This revocation may be indefinite or for the duration of a specific
period of not less than one semester.
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