Article IV: Judicial Proceedings

1. Charges and Hearings
   1. Any member of the University community may file charges against any student for misconduct. Charges shall be prepared in writing and directed to the judicial advisor responsible for
      the administration of the University judicial system. Any charge should be submitted within ninety (90) days after the event takes place or becomes known, within a one-year time frame.
   2. The judicial advisor may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved in a manner acceptable to the judicial advisor. Such disposition shall be final and there shall be no subsequent proceedings. If the charges cannot be disposed of by mutual consent, the judicial advisor may later serve in the same matter as the judicial body or a member thereof.
   3. All charges shall be presented to the accused student in written form. A time shall be set for a hearing, not less than one nor more than fifteen calendar days after the student has been notified. Maximum time limits for scheduling of hearings may be extended at the discretion of the judicial advisor.
   4. Hearings shall be conducted by a judicial body according to the following guidelines:
      1. Hearings normally shall be conducted in private. At the request of the accused student, and subject to the discretion of the judicial advisor, a representative of the student press may be admitted, but shall not have the privilege of participating in the hearing.
      2. Admission of any person to the hearing shall be at the discretion of the judicial body and/or its judicial advisor.
      3. In hearings involving more than one accused student, the judicial advisor, at his or her discretion, may permit the hearings concerning each student to be conducted separately.
      4. The complainant and the accused have the right to be assisted by any advisor they choose, at their own expense. The advisor may be an attorney. The complainant and/or the accused are responsible for presenting his or her case; therefore, advisors are not permitted to participate directly in any hearing before the judicial body. Counsel is restricted to an advisory role. Advisors are required to maintain strict confidentiality regarding judicial proceedings.
      5. The complainant, the accused and the judicial body shall have the privilege of presenting witnesses, subject to the right of cross-examination by the judicial body.
      6. Pertinent records, exhibits and written statements may be accepted as evidence for consideration by a judicial body at the discretion of the judicial advisor.
      7. All procedural questions are subject to the final decision of the judicial advisor.
      8. After the hearing, the judicial body shall determine (by majority vote if the judicial body consists of more than one person) whether the student has violated any and/or all section(s) of the Student Code of Conduct which the student is charged with violating.
      9. The judicial body’s determination shall be made on the basis of whether it is more likely than not that the accused student violated the Student Code of Conduct.
   5.      There may be a single verbatim record, such as a tape recording, of all hearings before a judicial body. The record shall be the property of the University.
   6.      No student may be found to have violated the Student Code of Conduct solely for failing to appear before a judicial body except in the case of a student charged with failing to obey the summons of a judicial body or University official. If a student fails to appear, the evidence in support of the charges shall be presented and considered and a decision will be rendered in the student’s absence.
2. Sanctions
   1. The following sanctions may be imposed upon any student found to have violated the Student Code of Conduct:
      1. Warning—A notice in writing to the student that the student is violating or has violated institutional regulations.
      2. Disciplinary Probation—A written reprimand for violation of specific regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any institutional regulations during the probationary period.
      3. Loss of Privileges—Denial of specified privileges for a designated period of time.
      4. Fines/Fees—Previously established and published fines/fees may be imposed.
      5. Restitution—Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.
      6. Discretionary Sanctions—Work assignments, service to the University or other related discretionary assignments (such assignments must have the prior approval of the judicial advisor).
      7. * Housing Suspension: Separation of the student from University residence facilities for a definite period of time, after which the student is eligible to return. Conditions for readmission may apply.
      8. * Housing Expulsion: Permanent separation of the student from University residence facilities.
      9. * University Suspension: Separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for readmission may apply.
      10. * University Expulsion: Permanent separation of the student from the University.
      11. * Banned from Residence Facilities: The student is banned from entering any and all residence facilities. Entrance into these facilities will be viewed as a violation of this sanction and the student will be confronted and charged for trespassing and failure to comply.
      12. * Banned from Campus: In addition to being suspended/expelled from the University, the student is banned from entering the grounds and/or facilities owned and maintained by the University, including residence facilities. Entrance onto campus and into those facilities will be viewed as a violation of this sanction and the student will be confronted and charged for trespassing and failure to comply.
      13. *Students retain responsibility for bills incurred (e.g., tuition, fees, housing rent for the period of the lease agreement, etc.)
   2. More than one of the sanctions listed above may be imposed for any single violation.
   3. Other than University suspension or expulsion, disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s confidential record. Upon graduation, the student’s confidential record may be expunged of disciplinary actions other than housing expulsion, University suspension or University expulsion, upon application to the judicial advisor. Cases involving the imposition of sanctions other than housing expulsion, University suspension or University expulsion shall be expunged from the student’s confidential record five (5) years after final disposition of the case.
   4. The following sanctions may be imposed upon student organizations:
      1. Those sanctions listed above in Section B:1: a-f.
      2. Deactivation – Loss of all privileges, including University recognition, for a specific period of time.
   5. In each case in which a judicial body determines that a student has violated the Student Code of Conduct, the sanction (s) shall be determined and imposed by the judicial advisor. In cases in which persons other than or in addition to the judicial advisor have been authorized to serve as the judicial body, the judicial advisor in determining and imposing sanctions shall consider the recommendation of all members of the judicial body. The judicial advisor is not limited to sanctions recommended by members of the judicial body. Following the hearing, the judicial body and the judicial advisor shall advise the accused in writing of its determination and of the sanction (s) imposed, if any.
3. Interim Suspension— In certain circumstances, the Vice President for Student Affairs, or a designee, may impose an interim University or housing suspension prior to the hearing before a judicial body.
   1. Interim suspension may be imposed only: a) to ensure the safety and well-being of members of the University community or preservation of University property; b) to ensure the student’s own physical or emotional safety and well-being; or c) if the student poses a definite threat of disruption of or interference with the normal operations of the University.
   2. During the interim suspension, students shall be denied access to the University residential facilities and/or to the campus (including classes) and/or all other University activities or privileges for which the student might otherwise be eligible, as the Vice President for Student Affairs or the judicial advisor may determine to be appropriate.
4. Appeals
   1. A decision rendered by the judicial body or a sanction imposed by the judicial advisor may be appealed by accused students to an appellate board within five (5) business days of the decision. Such appeals shall be in writing and shall be delivered to the judicial advisor or his or her designee.
   2. Except as required to explain the basis of new evidence, an appeal shall be limited to review of the record of the initial hearing and supporting documents for one or more of the following purposes:
      1. To determine whether the original hearing was conducted fairly in light of the charges and evidence presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and present evidence that the Student Code of Conduct was violated, and giving the accused student a reasonable opportunity to prepare and to present a rebuttal of those allegations.
      2. To determine whether the decision reached regarding the accused student was based on substantial evidence; that is, whether the facts in the case were sufficient to establish that a violation of the Student Code of Conduct occurred.
      3. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code of Conduct, which the student was found to have committed.
      4. To consider new evidence sufficient to alter a decision or other relevant facts not brought out in the original hearing, because such evidence and/or facts were not known to the person appealing at the time of the original hearing.
   3. If an appeal is upheld by the appellate board, the matter shall be remanded to the original judicial body and judicial advisor for reopening of the hearing to allow reconsideration of the original determination and/or sanction(s).
   4. In cases involving appeals by student’s accused of violating the Student Code of Conduct, review of the sanction by the appellate board may not result in more severe sanction(s) for the accused student.
   5. The appellate board’s decision is final.