Appendx 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 Services.

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 Campus Activities Center.

H. The term "University activity" means any activity sponsored by the University, any agency of the University, or any University organization which 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 Services to administer the judicial system. This person, located in the Office for Judicial Affairs, may serve as a judicial advisor, administrative hearing officer, and advisor 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 Services-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 which 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 administered 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 which are injurious or which hold another person against his or her will and/or other conduct which 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 which 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 which 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 who are 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 which:

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 which is disorderly, lewd and indecent, that is, behavior which, 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:

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 or judicial coordinator.

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: JUDICIAL 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 faculty has vested in the CSR and the Vice Chancellor for Student Services 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 procedures 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 Services 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 conjuction 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 which 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 Panhellenic 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 which 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 advisor 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 which 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 which 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 Services.

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 which established the All University Judiciary has granted this group jurisdiction over the All Student Judiciary board.

a. The AUJ is responsible for hearing 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 which occur on the AUJ Board should be filled by appointment by the Vice Chancellor for Student Services. 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 Services 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 which 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 which 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 which is also a violation of this Code or University Policies, for example, if both violations result from the same factual situation, without regard to the pendency of 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, Area Coordinators or 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 Area Coordinators 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 which may be imposed are those other than 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 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. ADVISOR.

a. Respondents are entitled to be accompanied by no more than two advisors of their choice. Advisor(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 advisors may be permitted to accompany students appearing before the All-University Judiciary at the respondent's expense. Should lay or professional advisors 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 advisors 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 advisor) 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 Services 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 advisors 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. ADVISOR. Complainants/victims are entitled to be accompanied by no more than two (2) advisors of their choice. These advisors 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 advisors may be permitted to accompany students appearing before the All-University Judiciary at the complainant's expense. Should lay or professional advisors 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.

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 Services, 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 Services.

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 Services, 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 Services, the Dean of Students or his or her designee may impose restrictions, change of living arrangements, change in class schedule or other action which 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 Services 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 which 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, advisors, 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:

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) school days of the appealed decision.

1. GROUNDS FOR APPEAL. General policy: It is not the function of the appeals process to permit a rehearing 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 which 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 which 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.

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 Services 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 appellate 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 which 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 the 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 which 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 which 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 which 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 which 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 a new 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 which 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 a social 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 Services, ahearing officer or ad hoc hearing panel authorized by the Vice Chancellor for Student Services. 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 Services.

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 Services 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 Services 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 which 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 which 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.

ARTICLE VII: INTERPRETATION AND REVISION

A. Any question of interpretation regarding the Student Code shall be referred to the Vice Chancellor for Student Services or his or her designee for final determination.

B. 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.

C. A section of Article II of the University of Arkansas Code of Conduct may be revised by request to and approval by the Committee on Student Relations.