|
A complete policy is available in the office of the Dean of Student Success.
Section One Statement of Rights and Responsibilities
I. Preamble
Central Washington University is a community that exists for the generation, acquisition, diffusion, and preservation of knowledge, the growth of all its members, and the general well-being of society. Free inquiry and free expression are indispensable to the attainment of these goals. All members of the university community are encouraged to develop the capacity for critical judgment and to engage in a sustained and independent search for truth in an atmosphere of academic freedom. Freedom to teach and freedom to learn are inseparable facets of academic freedom. The freedom to learn depends upon appropriate opportunities and conditions in the classroom as well as elsewhere on campus. The responsibility to secure and to respect general conditions conducive to the freedom to learn is shared by all members of the university community. The university has developed policies and procedures which provide and safeguard this freedom, within the framework of general standards, and with the broadest possible participation of the members of the university community. This document articulates the general policies that provide for the academic freedom of students in this university community and forms the basis on which more specific policies such as the Student Conduct Code, rules on students records, etc., have been formulated and adopted.
II. Access to Central Washington University
A. Admissions, Retention and Graduation
Central Washington University supports equal educational opportunity for all regardless of sex, race, color, creed, national origin, age, sexual orientation, marital status, handicap, religion, disability, or status as a disabled or Vietnam-era veteran. Persons seeking admission to the university have the right to be admitted if they meet the admission standards established for the university by the board of trustees of Central Washington University. Admission to the university does not automatically admit students to those programs which have special standards for admission or which may restrict admissions on the basis of available resources. To be eligible for continued enrollment in the university and for graduation from the university, students are responsible for meeting the university’s published requirements for retention and graduation.
B. University Facilities and Services
All regular students have the right to make full use of the facilities and services of the university which are generally available to students. There are, however, some limitations on the availability and use of university resources. Students are expected to use university facilities and services responsibly and with consideration for other members of the university community. Offices responsible for providing facilities and services will, upon request, furnish guidelines for their use.
III. Student, Faculty, Staff Relationship
The relationship between students and faculty/staff is one which is based upon mutual respect. Students see faculty and staff in a variety of roles: teachers, counselors, librarians, administrators, advisors, employers, supervisors, colleagues. In those rare instances where a student may wish to pursue a grievance having to do with grades or actions taken by a faculty member or a staff member of an office or department which adversely affected the student’s academic progress, the university provides a procedure by which the grievance may be pursued. The rules for the process are contained in the Rules Governing the Operations of the Board of Academic Appeals, copies of which are available in the Office of the Dean of Student Success (Bouillon 204).
A. In the Classroom
1. Student Rights
A student who enrolls in a course has the following rights:
a. To know from the instructor the goals and content of the course
b. To know from the beginning the instructor’s expectations and grading methods
c. To be evaluated on the materials of the course and not on extraneous matters
d. To consult with the instructor outside the classroom on matters related to the course
2. Student Responsibilities
A student who enrolls in a course has responsibility to observe the standards of academic performance defined by the instructor and the standards of conduct established by the instructor so as to assure the freedom of the instructor to teach and the freedom of the other students to learn.
B. Outside the Classroom
Students have a right to the services provided by faculty and staff, including such services as academic advising, counseling over a broad range of problem areas, dissemination of information, and clarification of university policies and procedures, including those involving grievances. Because of the size and complexity of the university, students have the primary responsibility for initiating requests for such services, although faculty and staff are expected to be sensitive to student’s needs and to offer assistance if students appear to need it.
IV. Student Records
A. Student Records Rules
The university has adopted rules which govern the form and variety of student records collected and maintained by the university, the nature of information collected, and the way in which student information is recorded, maintained, and eventually disposed of, consistent with federal and state regulations. Copies of the rules (in accordance with Public Law 93-380 the Family Educational Rights and Privacy Act of 1974, i.e., the Buckley Amendment) are available in the Office of the Dean of Student Success. Students have a right to expect that information about themselves of a private, personal, or confidential nature which they share with faculty and staff will be disclosed only according to student records rules. Faculty and staff may provide judgments of a student’s ability and character to others in appropriate circumstances, normally with the knowledge and consent of the student concerned, and in accordance with the university’s rules on student records.
Student disciplinary records are education records and are covered by FERPA. Institutions may disclose, without prior consent, information contained in a student’s education records concerning disciplinary action taken against the student, to teachers and school officials who have legitimate educational interests in the behavior of the student. Legitimate educational interest means that the official has a need to access student education records for the purpose of performing an appropriate educational, research or administrative function for the institution. It is important to note that although these exceptions exist, FERPA does not require an institution to disclose such information from the education record to any party, except to the student. For purposes of student conduct records, school officials are identified as a person employed by the institution in an administrative, supervisory, academic or research, or support staff position. This may include student workers assigned specifically to work with the student conduct administration.
If non-directory information is needed to resolve an emergency situation, an educational institution may release that information if the institution determines that it is “necessary to protect the health or safety of the student or other individuals. A record must be made of the disclosure. An educational agency or institution may take into account the totality of the circumstances pertaining to the threat to the health or safety of a student or other individuals. If the educational agency or institution determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals. If, based on the information available at the time of the determination, there is a rational basis for the determination, the Department will not substitute its judgment for that of the educational agency or institution in evaluating the circumstances and making its determination. An educational agency or institution must record the following information when it discloses personally identifiable information from education records under the health or safety emergency exception. The institution must state the articulable and significant threat to the health or safety of a student or other individuals that formed the basis for the disclosure. In addition, the parties to whom the agency or institution disclosed the information should be recorded.
Those law enforcement records become an education record, subject to FERPA, if the original or copy is maintained by a school official outside of the law enforcement unit or is kept in an area where it is accessible to other school officials.
B. Students’ Rules
The rules on student records also define the following rights of students with respect to their records and the procedures to be followed to guarantee those rights:
1. The right to inspect and review information contained in their educational records
2. The right to challenge the contents of their educational records
3. The right to submit an explanatory statement for inclusion in the educational record if the outcome of the challenge is unsatisfactory
4. The right to prevent disclosure, with certain exceptions, of personally identifiable information
5. The right to secure a copy of the university rules, which includes the location of all educational records
6. The right to file complaints with the appropriate federal and state agency(ies) concerning alleged failures by the university to comply with applicable laws, rules, and their implementing regulations
C. Students’ Responsibilities
Students are responsible for furnishing, completely and accurately, such pertinent information as required by the university so that it may perform its proper function as an educational institution. If students’ circumstances change, e.g., name, address, financial situation, etc., they are responsible for seeing that proper university officials are informed of such changed circumstances.
V. Student Life
Student Life encompasses a broad area, including the freedoms to form associations, to inquire and express opinions, and to participate in institutional government.
A. Association
Students have the right to form organizations and to join associations to promote their common interests. In doing so, they have the responsibility to follow university policies and procedures, copies of which are available in the Office of Campus Life.
B. Inquiry and Expression
Students and student organizations have the right to examine and discuss all questions of interest to them, to express opinions publicly and privately, to support causes, and to invite and hear any person of their own choosing. Such activities shall not disrupt the regular and essential operation of the university. Students and student organizations are responsible for following the policies and procedures related to these activities, copies of which are available in the Office of Campus Life.
C. Student Participation in Institutional Government
Students have the right to express their views by lawful procedures on issues of institutional policy and on matters of general interest to the student body, and to participate in the formulation and application of institutional policy affecting academic and student affairs. Student government, the Associated Students of Central Washington University, is the primary vehicle for student participation in institutional government, and its role is explicitly stated in its constitution and by-laws, copies of which are available in the Office of Campus Life. Other opportunities for involvement in academic and student affairs areas may be found in the various departmental or administrative offices. Having become involved in institutional governance, students are responsible for fulfilling the obligations they have undertaken.
VI. Student Conduct
The following areas are subject to change: please consult the CWU policy manual at www.cwu.edu/~pres/policies/index.html.
Students are members of both the university community and the larger community outside the university. As members of the university community, students are guaranteed those rights described in this document. As members of the larger community, students are afforded those rights guaranteed by the state and federal constitutions, the authority of which extends across both communities.
At the same time, both communities have established standards of conduct designed to protect their essential purposes. The university community has defined in its Student Conduct Code that conduct in which its members may not engage without penalty. The larger community has defined such behavior in its laws.
Outlined below are the standards in disciplinary proceedings established by the university with respect to student conduct which violates the norms of either the university or the larger community.
A. The University Community
The Student Conduct Code enumerates proscribed behavior and describes procedures followed in cases where students are alleged to have engaged in such conduct. These procedures guarantee procedural due process to the accused students and are fully described in the Student Conduct Code, copies of which are available in the Office of the Dean of Student Success.
B. The Larger Community
If a student’s behavior results in charges that both the law of the larger community and the proscriptions of the university’s Student Conduct Code have been violated, the university does not waive the right to initiate proceedings in accordance with provisions of the Student Conduct Code.
Section Two
Student Conduct Code (Refer to WAC 106-120 for complete code. Revisions and current policy available in the Office of the Dean of Student Success.)
I. General Policy
A. Definitions
1. “University” shall mean Central Washington University.
2. “Dean of Student Success” shall mean the Dean of Student Success or the Dean’s designee.
3. “Student” shall mean a person enrolled at the university either full or part time, pursuing undergraduate, graduate, or extension studies, or a person accepted for admission or readmission to the university.
4. “University community” shall include the employees and students of Central Washington University and all property and equipment of the university.
5. “Hazing” shall include any method of initiation into a student organization or living group, or any pastime or amusement engaged in with respect to such an organization or living group that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any student or other person attending Central Washington University. The term does not include customary athletic events or other similar contests or competitions.
6. “Sexual assault” occurs when the act is intentional and is committed either by (a) physical force, violence, threat, or intimidation; (b) ignoring the objections of another person; (c) causing another’s intoxication or impairment through the use of alcohol or drugs; or (d) taking advantage of another person’s incapacitation, state of intimidation, helplessness, or other inability to consent.
7. “Sexual misconduct” occurs when an act is committed without intent to harm another and where, by failing to correctly assess the circumstances, a person mistakenly believes that effective consent was given and did not meet his/her responsibility to gain effective consent.
8. “Sexual harassment” is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. More specifically, sexually harassing behavior that includes the following:
(a) Gender harassment, including sexist statements and behaviors that convey insulting, degrading, or sexist attitudes
(b) Seductive behavior encompassing unwanted, inappropriate, and offensive physical or verbal sexual advances
(c) Sexual bribery, involving solicitation of sexual activity or other sex-linked behavior by promise of reward
(d) Sexual coercion of sexual activity or other sex-linked behavior by threat of punishment
(e) Sexual assault, attempted rape, and rape. Additional examples of sexual harassment can be found in the university’s Sexual Harassment Policy
9. “Stalking” is a legal term for repeated harassment or other forms of invasion of a person’s privacy in a manner that causes fear to its target. Stalking may include such acts as repeated following; unwanted contact (by letter or other means of communication); observing a person’s actions closely for an extended period of time; or contacting family members, friends, or associates of a target inappropriately.
B. Introduction and Purpose
The students of Central Washington University are responsible for complying with policies, standards, rules, and requirements for academic and social behavior formulated by the university for the maintenance of an orderly and responsible functioning of the university community. Students enrolled at any of the university’s campuses are expected to uphold these standards both on and off campus. At the same time, students have protection through orderly procedures against arbitrary or capricious actions or decisions by university authorities. Due process is recognized as essential to the proper enforcement of university rules. The purpose of this document is to provide a procedure and rules by which a student will be afforded due process in the matter of alleged violations of university standards, rules, and requirements governing academic and social conduct of students.
The university recognizes a responsibility to resolve behavior problems before they escalate into serious problems requiring the application of these rules. Therefore, the vice president shall generally review and/or investigate student behavioral problems which are referred by university community members or any subsidiary conduct agencies to the Student Conduct Council, or which otherwise come to the attention of the vice president through the office of Public Safety and Police Services or other official university reports. The Dean of Student Success and the Student Consultation Team shall be as proactive as possible concerning the resolution of student behavioral problems and use reasonable arbitration and conflict resolution methods in order to prevent such problems from further interfering with the university community or the student’s own educational progress.
The Dean of Student Success shall provide for due process for students throughout the behavioral problem-solving intervention by following the proper steps related to the initiation, investigation, and disposition of complaints against a student as outlined in Section III of this document.
Any student is subject to these rules, independent of any other status the individual may have with the university. Any action taken against a student under these rules shall be independent of other actions taken by virtue of another relationship with the university in addition to that of the student.
C. Cooperation with Law Enforcement Agencies
Central Washington University distinguishes its responsibility for student conduct from the controls imposed by the larger community beyond the university, and of which the university is a part. The university does not have the responsibilities of a parent for the conduct of students. When students are charged with violations of laws of the nation or state, or ordinances of the county or city, the university will neither request nor agree to special consideration for students because of their status as students, but the university will cooperate with law enforcement agencies, courts, and any other agencies in programs for rehabilitation of students.
Central Washington University reserves the right to impose the provisions of this policy and apply further sanctions before or after law enforcement agencies, courts, and other agencies have imposed penalties or otherwise disposed of a case.
II. Proscribed Conduct
A student shall be subject to disciplinary action or sanction upon violation of any of the following conduct proscriptions:
A. Disruptive and disorderly conduct which interferes with the rights and opportunities of other students to pursue their academic studies.
B. Academic dishonesty in all its forms including, but not limited to:
1. Cheating on tests
2. Copying from another student’s test paper
3. Using materials during a test not authorized by the person giving the test
4. Collaboration with any other person during a test without authority
5. Knowingly obtaining, using, buying, selling, transporting, or soliciting in whole or in part the contents of an unadministered test or information about an unadministered test
6. Bribing any other person to obtain an unadministered test or information about an unadministered test
7. Substitution for another student or permitting any other person to substitute for oneself to take a test
8. Plagiarism, which means the appropriation of any other person’s work and the unacknowledged incorporation of that work in one’s own work offered for credit
9. Collusion, which means the unauthorized collaboration with any other person in preparing work offered for credit
C. Filing a formal complaint with the Office of the Dean of Student Success with the intention of falsely accusing another with having violated a provision of this code.
D. Furnishing false information to any university official, especially during the investigation of alleged violations of this code.
E. Furnishing false information to the Student Conduct Council with the intent to deceive, the intimidation of witnesses, the destruction of evidence with the intent to deny its presentation to the Student Conduct Council or the vice president when properly notified to appear.
F. Intentionally setting off a fire alarm or reporting a fire or other emergency or tampering with fire or emergency equipment except when done with the reasonable belief in the existence of a need therefore.
G. Forgery, alteration, or misuse of university documents, records, or identification cards.
H Sexual harassment including stalking, forced and/or nonconsensual sexual activity in any form including sexual misconduct I. Actual or attempted physical/emotional abuse of any person or conduct which threatens or endangers the health and safety of any person or which intentionally or recklessly causes a reasonable apprehension of harm to any person.
J. Harassment of any sort or any malicious act which causes harm to any person’s physical or mental well being.
K. Recklessly engaging in conduct which creates a substantial risk of physical harm to any person.
L. Creating noise in such a way as to interfere with university functions or using sound amplification equipment in a loud and raucous manner.
M. Theft or malicious destruction, damage, or misuse of university property, private property of another member of the university community, whether occurring on or off campus; or theft or malicious destruction, damage or misuse on campus of property of a nonmember of the university community.
N. Unauthorized seizure or occupation or unauthorized presence in any university building or facility.
O. Intentional disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other university activities or programs whether occurring on or off campus or of activities or programs authorized or permitted by the university pursuant to the provisions of this document.
P. Intentional participation in a demonstration which is in violation of rules and regulations governing demonstrations promulgated by the university pursuant to the provisions of this document.
Q. Unauthorized entry upon the property of the university or into a university facility or any portion thereof which has been reserved, restricted in use, or placed off limits; unauthorized presence in any university facility after closing hours; or unauthorized possession or use of a key to any university facility.
R. Possession or use on campus of any firearm, dangerous weapon or incendiary device or explosive unless such possession or use has been authorized by the university.
S. Possession, use, or distribution on campus of any controlled substance as defined by the laws of the United States or the state of Washington except as expressly permitted by law.
T. Violation of the university policy on alcoholic beverages which states:
1. Persons 21 years of age or older may possess and/or consume alcoholic beverages within the privacy of their residence hall rooms or apartments. Washington State law provides severe penalties for the possession or consumption of alcoholic beverages by persons under 21 years of age and for persons who furnish alcoholic beverages to minors. All university students should be aware of these laws and the possible consequences of violations
2. The university does not condone the consumption of alcoholic beverages by minors at functions sponsored by Central Washington University organizations. Organizations are held responsible for the conduct of their members at functions sponsored by the organization and for failure to comply with Washington State law
3. The Student Conduct Council may place on probation any organization or prohibit a specific campus social function when the consumption of alcoholic beverages has become a problem of concern to the university
U. Conduct which violates the university policies on computer use.
V. Violation of clearly stated proscriptions in any published rule or regulation promulgated by any official campus committee, commission, or council acting within the scope of its authority.
W. Violation on or off campus of any city, county, state, or federal law while participating in any university-sponsored activity.
X. Conspiracy to engage in hazing or participation in hazing of another.
Y. Failure to comply with the directive of a University official acting in the scope of authority may result in disciplinary action.
III. Initiation, Investigation, and Disposition of Complaints
A. Philosophy
The Student Consultation Team deals with student behaviors which constitute violations of this code. The Student Consultation Team meets weekly to review Incident Reports filed by housing staff, campus-wide behaviors of concern reports submitted by any member of the University Community, as well as police reports, which deal with both on- and off-campus students. The Student Consultation Team works together to suggest intervention strategies which are considered to be most appropriate and effective for eliminating specific negative student behaviors. The Student Consultation Team is co-chaired by the Associate Dean of Student Living/Chief Conduct Officer and the Assistant to the Dean of Student Success, also includes representatives from Public Safety and Police Services, University Housing and New Student Programs, , Student Medical and Counseling Clinic, the Wildcat Wellness Center, and other offices deemed necessary to assist in disposition of cases.
B. Process
Incidents that come to the attention of the Student Consultation Team may be addressed in one of the following ways:
1. No action.
2. Informal meetings with relevant university officials.
3. Initiate proceedings in the Office of the Dean of Student Success. Official proceedings in the Dean of Student Success’ office are conducted when it becomes apparent to the Student Consultation Team that the initial and more informal forms of intervention with a student have been unsuccessful in positively modifying a student’s behavior.
C. Investigation and Disposition of Complaints
The following rules will govern the processing of alleged violations of the proscribed conduct listed in the Student Conduct Code, with one exception. Allegations of discrimination, including sexual harassment, will utilize a separate process in order to provide both parties their rights under the law and in accordance with Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. Copies of the Discrimination Grievance Process are available in the Office of the Dean of Student Success.
1. A complaint alleging misconduct against any student at the university may be filed by anyone at the Office of the Dean of Student Success. Students, faculty members, administrators, and other employees of the university shall have concurrent authority to request the commencement of the disciplinary proceedings provided for in this chapter. A person filing a complaint shall be complainant of record.
2. Any student charged in a complaint shall receive written notification from the Dean of Student Success. Such notice shall:
a. Inform the student that a complaint has been filed alleging that the student violated specific provisions of the Student Conduct Code and the date of the violation(s).
b. Set forth those provisions allegedly violated.
c. Specify a time and date the student is required to meet with the Dean of Student Success or designee.
d. Inform the student that failure to appear at the appointed time at the Dean of Student Success’ office may subject the student to suspension from the university.
3. When the Dean of Student Success or designee meets with the student, it shall:
a. Provide for the student a copy of the Student Conduct Code.
b. Review the alleged violation with the student.
c. Conduct an investigation into the alleged violation.
4. Upon completion of the review with the student and/or the investigation, the Dean of Student Success may:
a. Drop the charges when they appear to be invalid, without substance or capricious.
b. Issue a verbal warning.
c. Apply any of the sanctions as outlined in Section IV if such sanction is warranted by the evidence.
d. Refer the case to the Student Conduct Council.
e. Invoke the summary suspension procedure as outlined in Section VII when deemed appropriate.
5. The Dean of Student Success shall inform the student that only suspension and expulsion sanctions may be appealed to the Student Conduct Council, and that if an appeal is made, the Dean of Student Success shall take no action nor make any determination, except for summary suspension, in the matter other than to inform the student of the time, date, and location of the proceeding by the Student Conduct Council.
IV. Disciplinary Sanctions
The following may be the sanctions imposed by the Dean of Student Success or by the Student Conduct Council.
A. Warning
Notice in writing that the student has violated university rules or regulations or has otherwise failed to meet the university’s standard of conduct. Such warning will contain the statement that continuation or repetition of the specific conduct involved or other misconduct will normally result in one of the more serious disciplinary actions described below.
B. Disciplinary Probation
Formal action specifying the conditions under which a student may continue to be a student at the university, including limitation of specified activities, movement, or presence on the CWU campus, including restricted access to any university building. The conditions specified may be in effect for a limited period of time or for the duration of the student’s attendance at the university.
C. Restitution
An individual student may be required to make restitution for damage or loss to university or other property and for injury to persons. Failure to make restitution will result in suspension until payment is made.
D. Suspension
Dismissal from the university and from status as a student for a stated period. The notice suspending the student will state in writing the term of the suspension and any condition(s) that must be met before readmission is granted. The student so suspended must demonstrate that the conditions for readmission have been met. There is to be no refund of fees for the quarter in which the action is taken, but fees paid in advance for a subsequent quarter are to be refunded.
E. Deferred Suspension
Notice of suspension from the university with the provision that the student may remain enrolled contingent on meeting a specified condition. Not meeting the contingency shall immediately invoke the suspension for the period of time and under the conditions originally imposed.
F. Expulsion
The surrender of all rights and privileges of membership in the university community and exclusion from the campus without any possibility for return.
G. Forfeiture of Entitlements or Awards
For the specific instance of hazing, forfeiture of any entitlement to state-funded grants, scholarships, or awards for a specified period of time.
The University also has the ability to assign mediation or other educational sanctions.
V. Student Conduct Council
A. Purpose
The Student Conduct Council shall be the principal campus wide conduct body with jurisdiction over all students, whether graduate or undergraduate, and student organizations and authority to hear all charges of misconduct. It has authority to impose the sanctions described in Section IV. Other divisions of the university may elect to establish subsidiary conduct agencies over which the Student Conduct Council will have appellate jurisdiction. Subsidiary conduct agencies or persons levying sanctions should devise sanctions which are in proportion to both the nature and extent of the misconduct, and which redress injury, damage, expense, inconvenience and/or grievance as far as possible. Appeal from subsidiary councils or agencies must be made within five working days from the time of publication of findings by said subsidiary conduct agency. Failure to file such an appeal will constitute and be construed as full acceptance by all parties of the findings.
B. Composition
The following rules govern the composition of the Student Conduct Council:
1. The council shall consist of six faculty members holding the rank of assistant professor or above, and eight students, at least one of whom should be a graduate student if a graduate student files for appointment to the council.
a. The faculty members of the council shall be designated in accordance with procedures established by the Faculty Senate.
b. The student members of the council shall be selected in accordance with procedures established by the constitution of the Associated Students of Central Washington University. Eight student members shall be appointed, each student being appointed for a term of one calendar year. Terms of office for students begin with the first day of instruction of the academic year for which the student is appointed.
2. A Student Conduct Council chair shall be elected at the first meeting each academic year and shall continue in office until the person resigns or is recalled. The duties of the chair are as follows:
a. To call regular and special meetings of the council by notification to members at least 24 hours in advance of the meeting time, except in bona fide emergency situations.
b. To preside over all regular and special meetings.
c. To act as presiding officer at all meetings of the proceeding board.
3. Two of the faculty members and three of the student members of the council shall constitute a quorum.
4. The vice president shall appoint a designee as a Student Conduct Council advisor whose duties shall be to:
a. Convene the council.
b. Advise the council during all meetings and hearings.
VI. Procedures for Proceeding before the Student Conduct Council
A. When a case is referred to the Student Conduct Council the Dean of Student Success shall forward to the council:
1. A statement describing the alleged misconduct
2. The name and address of the complainant
3. The name and address of the student charged
4. All relevant facts and statements
B. The secretary to the council shall call a special meeting of the council and arrange for a proceeding in the following manner:
1. The council shall determine the time and place of the proceeding, which shall be at least 10 days after delivery of written notice to the student. In the interest of timeliness and efficiency, upon the request of either the student or the Dean of Student Success, this 10-day interval may be waived by the Dean of Student Success, with the student’s permission. Time and place shall be set to make the least inconvenience for all interested parties. The chair may change the time and place of the proceeding for sufficient cause.
2. The council shall draw lots to determine a proceeding board consisting of five student names and three faculty names, with one student and one faculty serving as alternates to be available until the proceeding board has been constituted, and the chair who will act as the proceeding officer.
3. No case shall be heard unless the full membership of the proceeding board is present.
4. All cases will be heard de novo, whether the case be an appeal from a subsidiary conduct body or is heard as an original complaint.
C. The secretary to the council shall send written notice by certified mail of the proceeding to the student’s last known address. The notice shall contain:
1. A statement of the date, time, place, and nature of the proceeding
2. To the extent known, a list of witnesses who will appear
3. A summary description of any documentary or other physical evidence that would be presented by the university
D. The student shall have all authority possessed by the university to obtain information he or she specifically describes in writing and tenders to the council chair no later than two days prior to the proceeding or to request the presence of witnesses, or the production of other evidence relevant to the proceeding. However, the university shall not be liable for information requested by the student or the presence of any witnesses when circumstances beyond the control of the university prevent the obtaining of such information or the attendance of such witnesses at the proceeding.
E. Proceedings will ordinarily be held in closed session unless the proceeding board determines there is a compelling reason for the proceeding to be open, or the student requests an open proceeding. A closed proceeding shall include only members of the proceeding board, persons directly involved in the proceeding as parties, and persons called as witnesses.
F. The proceeding shall be audio tape recorded, and the tape shall be on file at the Office of the Dean of Student Success for a period of three years.
G. The university shall be represented by the Dean of Student Success who shall present the university’s case against the student.
H. The student may be accompanied by counsel, or another third party, who may offer advice. If the student utilizes an attorney as advisor, the student must give the vice president two days notice of intent to do so. If the student elects to be advised by an attorney, the vice president may elect to have the university advised by an Assistant Attorney General.
I. The council chair shall insure that:
1. The proceeding is held in an orderly manner giving full care that the rights of all parties to a full, fair, and impartial proceeding are maintained.
2. The charges and supporting evidence or testimony shall be presented first, and that there is full opportunity for the accused student to challenge the testimony and/or evidence, and to cross examine appropriately.
3. The student charged shall next present evidence or testimony to refute the charge, and that there is full opportunity for the accuser to challenge testimony and/or evidence, and to cross examine appropriately.
4. Only those materials and matters presented at the proceeding will be considered as evidence. The presiding officer shall exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.
J. Any person disruptive of the proceeding or any other procedure described in this document shall be excluded from the process by the chair of the Student Conduct Council or by the Dean of Student Success using such means as are necessary to ensure an orderly process. Any student engaging in such interference shall be in contempt and may be summarily suspended from the university by the Student Conduct Council or the Dean of Student Success immediately. The student shall be subject to a suspension or any lesser sanction as may be determined by the Student Conduct Council or the Dean of Student Success at the time the interference takes place or within 15 working days thereafter.
K. The student has a right to a fair and impartial proceeding, but the student’s failure to cooperate with or attend a proceeding shall not preclude the council from making its finding of facts, conclusions, and recommendations. Failure by the student to cooperate may be taken into consideration by the Student Conduct Council and the vice president in deciding the appropriate disciplinary action.
L. Upon conclusion of the proceeding, the proceeding board in closed session shall consider all the evidence presented and decide by majority vote to exonerate the student or to impose one of the sanctions authorized by this document.
M. The student shall be provided with a copy of the board’s findings of fact and conclusions regarding whether the student did violate any rule or rules of the Student Conduct Code and the board’s decision as to the appropriate sanction to be imposed.
N. If a student charged with misconduct under this code has been charged with a crime for the same act or closely related acts by federal, state, or local authorities, or if it appears that such criminal charge is under consideration, the Student Conduct Council may postpone action on the complaint until there has been a disposition of the criminal charge or of the consideration of filing such charge. However, prior to action by other agencies, the council may proceed to hear and decide the case if in the judgment of the council, the nature of the alleged misconduct, and the circumstances surrounding it pose a serious risk to the health or well being of the student or other members of the university. If there is a determination of guilt by the council and if the subsequent criminal proceedings result in a judgment of acquittal, the student may petition the Student Conduct Council for a rehearing.
VII. Summary Suspension Proceedings
The Dean of Student Success may summarily suspend any student from the university pending investigation, action, or prosecution of charges of an alleged proscribed conduct violation or violations, if the Dean of Student Success has reason to believe that the student’s physical or emotional safety and well-being, or the safety and well-being of other university community members, or the protection of property requires such suspension.
A. If the Dean of Student Success finds it necessary to exercise the authority to summarily suspend a student, the Dean of Student Success shall:
1. Give to the student an oral or written notice of intent to determine if summary suspension is an appropriate action.
2. Give an oral or written notice of the alleged misconduct and violation(s) to the student.
3. Give an oral or written explanation of the evidence in support of the charge(s) to the student.
4. Determine a time for the summary suspension proceeding to be held within 36 hours.
5. Give an oral or written notice of the time and place of the summary suspension proceeding before the Dean of Student Success.
6. Give an oral or written explanation of the summary suspension which may be imposed on the student.
B. At the place and time designated for the summary suspension proceeding, the Dean of Student Success shall:
1. Consider the evidence relating specifically to the probability of danger to the student, to others on the campus, or to property.
2. Provide the student with an opportunity to show why continued presence on campus does not constitute a danger to the physical and emotional well-being of self or others, or a danger to property.
3. Give immediate oral notice of the decision to the student, followed by written notice.
4. If summary suspension is warranted, summarily suspend the student for no more than 15 working days with a Student Conduct Council proceeding of the allegations to have commenced by the end of the suspension period.
C. If a student has been instructed by the Dean of Student Success to appear for summary suspension proceedings and then fails to appear at the time designated, the Dean of Student Success may suspend the student from the university and shall give written notice of suspension to the student at the student’s last address of record on file with the university.
D. During the period of summary suspension, the suspended student shall not enter the campus of the university other than to meet with the Dean of Student Success. However, the Dean of Student Success may grant the student special permission for the express purpose of meeting with faculty, staff, or students in preparation for a proceeding before the Student Conduct Council.
VIII. Readmission after Suspension
Any student suspended from the university under the provisions of the Student Conduct Code may be readmitted upon expiration of the time period specified in the document of original suspension.
If circumstances warrant reconsideration of the suspension prior to its time of expiration, the student may be readmitted following approval of a written petition submitted to the Dean of Student Success. Such petitions must state reasons which either provides new evidence concerning the situation which resulted in the suspension, or demonstrate that earlier readmission is in the best interest of the student and the university. Approval for such readmission must be given by the Dean of Student Success or by the Student Conduct Council.
Students who have been suspended and whose suspension upon appeal is found to have been unwarranted shall be provided full opportunity to reestablish their academic and student standing to the extent possible within the abilities of the university, including an opportunity to retake examinations or otherwise complete course offerings missed by reason of such action.
Disclaimer: all policies and procedures are regularly updated by the Office of the President.
|