Article IV: Discipline Policies
Article IV: Discipline Policies
4.1. Any member of the University community (the “complainant”) may send a complaint in writing, alleging misconduct by a student or student organization (the “respondent”), to the office of the vice president of Student Life. Any charge should be submitted as soon as possible after the event takes place, preferably within 10 days.
4.2. After a complaint is received, the vice president of Student Life or the Discipline Advisor acting on his behalf may conduct an investigation to determine if the charges may have merit and/or if they can be disposed of by mutual consent on a basis acceptable to the Discipline Advisor. Such disposition shall be final, and there shall be no subsequent proceedings. If the charges cannot be disposed of by mutual consent, the Discipline Advisor may later serve in the same matter as the Discipline Board or a member thereof.
4.3. All charges shall be presented to the respondent in written form, indicating the alleged infraction. A time shall be set for a hearing, not less than two school days nor more than 15 calendar days after the student has been notified. Maximum time limits for scheduling of hearings may be extended at the discretion of the vice president of Student Life.
4.4. Hearings shall be conducted by a Discipline Board according to the following guidelines:
a. Hearings normally shall be conducted in private. Exceptions to this rule shall be made only with the permission of the vice president of Student Life.
b. Admission of any person to the hearing shall be at the discretion of the Discipline Board or the Discipline Advisor.
c. In hearings involving more than one respondent, the chairperson of the Discipline Board, at his or her discretion, may permit the hearings concerning each student to be conducted separately or together.
d. The complainant and the respondent have the right to be assisted by an advisor they choose, at their own expense, but the person must be a member of the University community (see 1.05) and must be approved by the vice president of Student Life. Students, whether complainants or respondents, have the responsibility for presenting their own information to the board and, therefore, advisors are not permitted to speak or to participate directly in any hearing before a Discipline Board.
e. The complainant, the respondent, and the Discipline Board shall each have the privilege of presenting witnesses, or suggesting questions to be asked, all being subject to the rights of the members of the Discipline Board to ask any pertinent questions; students may not question or cross-examine other students. Students presenting witnesses or intending to be accompanied by an advisor must notify the vice president of Student Life in writing at least 48 hours prior to the hearing of the names of such persons. The vice president of Student Life or the Discipline Advisor may determine that some or all witnesses will be included in the investigation process rather than being present at the hearing.
f. Pertinent records, exhibits, and written statements may be accepted as information for consideration by a Discipline Board at the discretion of the chairperson.
g. All procedural questions are subject to the final decision of the chairperson of the Discipline Board. Rules of evidence and procedure, such as apply in civil or criminal courts, do not apply to University disciplinary hearings.
h. After the hearing, the Discipline Board shall determine by majority vote whether the respondent has violated each section of the student code that the student is charged with violating.
i. The Discipline Board’s determination, like all discipline decisions, shall be made on the basis of whether it is more likely than not that the respondent violated the student code.
j. A complainant or a respondent has the right to request the withdrawal of any member of the Discipline Board for due cause (e.g., bias of a member). This request must be made to the vice president of Student Life in writing within two days (48 hours) of notification of the scheduled hearing.
4.5. There shall be a single verbatim record, such as a tape recording, of all hearings involving potential suspension or dismissal from the University. The record shall be the property of the University.
4.6 The respondent and the complainant (if applicable) shall receive a written notice of the outcome of the hearing.