A.  Charges 

1.  Any member of the University community, including, but not limited to, students, faculty members, local police agencies, and citizens, may bring charges against any student/organization. Allegations of misconduct should be made in writing and filed with the Coordinator of Judicial Programs, or designee.

2. Charges may be brought against a student/organization by a department or unit of the University, including, but not limited to, University Police, Residence Life, Student Life, Academic Records, and the Library.  In such cases, a representative from the department should present the allegations of misconduct in writing to the Coordinator of Judicial Programs, or designee.

3. Residence Hall students may be adjudicated under the procedures of the Office of Residence Life.

B. Investigation 

 1. Upon receipt of a report of student/organization misconduct, the Coordinator of Judicial Programs, or designee, will determine whether the charge warrants action under the Code of Conduct. 

2. If it is determined that the allegations warrant further consideration, the Coordinator of Judicial Programs, or designee, will conduct an investigation.  The investigator shall provide written notification to the student/ organization of the allegations made and who filed them.  The investigator will also provide a copy of the disciplinary procedures outlined in the Code of Conduct.  The investigator shall then consult with the student/ organization and the individual reporting the allegations and perform those activities necessary to determine if facts exist which warrant the charges.

3. Notice of charges against an organization will be sent to the President or designee and advisor as listed on University registration documents.  It is the responsibility of each organization to register with the University each year and to keep officer and advisor records current.

4. The student/organization may not contact the individual who reported the allegations and supporting witnesses except as arranged by the Coordinator of Judicial Programs, or designee.  Any attempts to make contact with those initiating charges may be deemed as threatening or intimidating and could lead to additional violations under the Code of Conduct.

5. All students must cooperate with University disciplinary investigations.  This includes the expectations to respond to correspondence, to respond truthfully to questions asked by University officials, and to participate as witnesses in disciplinary hearings.

6. Notice of all disciplinary charges and resulting proceedings will be communicated in writing to the current address listed on official University records.  The responsibility to respond to disciplinary proceedings is not eliminated by failure on the student’s part to notify the University of changes of address.

C. Resolution

1.   If the Coordinator of Judicial Programs or designee determines, after investigating, that disciplinary action is not warranted, the student/organization will be notified, in writing, that all charges have been withdrawn.

2. If sufficient issues are unresolved, especially concerning the student's/organization's responsibility for violations of the Code of Conduct, the Coordinator of Judicial Programs, or designee, may refer the case to the appropriate Hearing Authority.  The University Hearing Board shall be used in those cases deemed by the Coordinator to be sufficiently serious to warrant consideration of separation from the University should the allegations be proven.  All other referrals will be to Administrative Hearing Officers. 

3. If the Coordinator of Judicial Programs, or designee, concludes from the investigation that the student/ organization accepts responsibility for a violation of the Code of Conduct, he or she will inform the student/ organization of the recommended disciplinary sanction.

a. If the student/organization agrees with the recommended sanction, that student/organization may waive the right to a formal hearing so that the recommended sanction may be put into effect. Once such a waiver of a hearing is signed by the student/organization, it may not be rescinded nor may a hearing or appeal be requested

b. If the student/organization disagrees with the sanction recommendation, the student/organization may request that the case be referred to the appropriate Hearing Authority for resolution.  The Hearing Authority's findings and conclusions will not be limited by the Coordinator's, or designee’s, original sanction recommendation. 

c. If the student/organization fails to meet as requested with the Coordinator of Judicial Programs, or designee, action will be taken in absentia.

d. The Coordinator of Judicial Programs may refer the case to the appropriate Hearing Authority for resolution.

e. The Coordinator of Judicial Programs or designee may apply administrative sanctions up to and including deferred suspension.  The student/organization will be notified in writing of the resolution of the case and an administrative appeal option.

 1)  If the student/organization disagrees with the administratively applied sanction, the student/organization may petition in writing within five business days of the notification of sanction to the Assistant Vice President for Student Services to review the case. 

2)  The Assistant Vice President for Student Services will evaluate the student's/ organization’s petition to determine the reason for failing to fulfill the obligation to meet with the Coordinator of Judicial Programs or designee as well as any information presented that warrants changing the administrative sanction.  

3)  The Assistant Vice President for Student Services may deny the student's/ organization’s petition, remand the case to the Coordinator for further investigation, dismiss some or all of the charges, or reduce the sanction applied.

4) The decision of the Assistant Vice President for Student Services is final.

D. Hearing Authority

     1.    Disciplinary cases may be resolved through formal hearing procedures conducted by an Administrative Hearing Officer or by the University Hearing Board.  The University Hearing Board shall be used in those cases deemed by the Coordinator of Judicial Programs to be sufficiently serious to warrant consideration of separation from the University should the allegations be proven.  All other referrals will be to Administrative Hearing Officers.

2. The roster of Hearing Board appointments will consist of the following:

a. Chairpersons appointed by the President or designee of the University for a specified time period;

b. Students appointed by the Student Government Association President and/or the Vice President for Student Life or designee for a specified time period;

c. Faculty/staff appointed by the President or designee for a specified time period.

3. Each appointing party may designate alternates for each appointee and/or may add or remove appointees as needed.

4. One Chairperson, one faculty/staff representative, and one student representative drawn from the Hearing Board roster will be scheduled to hear a case.  All three hearing board members must be present to hear the case.

5. The President, or designee, has general authority as required by circumstances to name Hearing Board members. 

6. Administrative Hearing Officers will be appointed by the President or designee and may be drawn from the Hearing Board roster.  

E. Hearing Procedures

1.  In cases involving more than one student/organization, the Coordinator of Judicial Programs will determine if a joint hearing or separate hearings will be scheduled

2. The Coordinator of Judicial Programs shall notify the student/organization, in writing, of the charges filed, who presented the charges, the time, date, and place of the alleged misconduct and the rule(s) alleged to be violated, sufficient details of the charges to enable the preparation of a defense, and the sanctions which may be applied if the student/organization is found in violation of the specified charges.  The notice will also indicate the Hearing Authority (Hearing Board or Administrative Hearing Officer) and the time, date, and location of the hearing.

3. Prior to the hearing date the student/organization, upon request, will be permitted to review information obtained or developed during the investigation. 

4. Prior to the day of the hearing, the student/ organization must present to the Coordinator of Judicial Programs a list of witnesses and the order those witnesses should be called to testify. 

5.    The hearing will be scheduled no sooner than five days, excluding weekends and University holidays, from the date of notification. 

6.  A hearing may be held sooner than five days if the student/organization and Coordinator of Judicial Programs agree to do so in writing or in special circumstances by approval of the Vice President for Student Life.

7.  The student/organization or Coordinator of Judicial Programs may request postponement of a scheduled hearing in writing prior to the start of the hearing.  This written request must include the reason(s) that a postponement is being requested.  The Chairperson of the Hearing Board or Administrative Hearing Officer shall rule on this request.  These requests will be judged on a case-by-case basis and only granted in the most extenuating circumstances.

8. The hearing will be closed to the University community. Those permitted to be present are:

a.         the accused student and his or her advisor or the senior officer of the accused organization and his or her advisor; (Observers will not be permitted.)

b.         the alleged victim of the accused student's/ organization's actions or activities and his or her advisor, as appropriate to comply with all relevant laws;

c.         the members of the Hearing Board or Administrative Hearing Officer;

d.         the Coordinator of Judicial Programs or designee;

e.         officials acting within their capacity in judicial affairs;

f.         witnesses as called to testify.

9. The Chairperson or Administrative Hearing Officer may order a disruptive person to leave the hearing. 

10. The accused student/organizational representative and the victim may each be accompanied in the hearing by one advisor who may be, but is not limited to, a faculty member, student, staff member, legal counsel or any other person of the student’s choice.  The advisor may not speak directly to the Hearing Authority.  He or she may only consult and interact privately with the advisee.

11. The Coordinator of Judicial Programs, or designee, who conducted the investigation shall present to the Hearing Authority all findings and evidence relating to the charges against the student/organization.

12. The accused student/organizational representative will be given the opportunity to hear the evidence presented and to question witnesses who testify.

13. The accused student/organizational representative may give testimony or make argument.

14. The accused student/organizational representative may present witnesses.

15. The accused student/organizational representative may reserve the right to remain silent.  Should the student/organizational representative exercise the option of remaining silent, the Hearing Authority may take a negative inference.

16. Each student who testifies at the hearing will be informed that they are expected to tell the truth, and that any false information given by them to the Hearing Authority could lead to charges for violation of the Code of Conduct against them. All persons testifying before the Hearing Authority must swear an oath to tell the truth, the whole truth, and nothing but the truth.

17. The Chairperson or Administrative Hearing Officer may sequester all witnesses.

18.  The Chairperson or Administrative Hearing Officer may place reasonable limits on the direct examination, cross-examination and arguments of anyone involved in the hearing.  This would include limiting witness testimony that is redundant or not relevant to the charges.  

19. The Hearing Authority will determine the outcome of the case on the basis of the evidence presented even if the student/organizational representative fails to appear at the hearing or chooses not to present testimony or evidence.

20. Hearsay evidence alone may not be used to establish a fact necessary to establish guilt or innocence in a case.  If necessary to ensure the safety of students, faculty, staff and visitors, charges concerning violence or threats of violence may be pursued without cooperation from the victim.

21. A record will be made of the proceedings.  The student/organization, upon written request, may receive a copy of the record at a reasonable cost.  

22. After all testimony has been given, the Hearing Authority will adjourn to closed deliberations.

23. The Hearing Authority will determine whether the preponderance of evidence supports that the student/organization is responsible for violating the Code of Conduct.  For a Hearing Board, the decision will be determined by a simple majority where each member of the Hearing Board, including the Chairperson, will have one vote. 

24. If the Hearing Authority finds the student/ organization responsible for violations of the Code of Conduct, the Hearing Authority will review the student's/organization’s disciplinary history, academic record and the range of appropriate sanctions established by the University for that charge.  The Hearing Authority will then recommend to the Assistant Vice President for Student Services the appropriate sanction for the case, which must be based upon the previously set range.  The Assistant Vice President for Student Services will make the final sanction decision, which must be based upon the range provided to the Hearing Board.

25. The Chairperson or Administrative Hearing Officer will prepare a written statement of the findings indicating with reasonable specificity the facts and reason of the decisions made.  This statement will be presented to the Coordinator of Judicial Programs no more than 10 business days following the hearing. 

Within five business days of receipt of the written statement of findings, the Coordinator of Judicial Programs will notify the student/organization in writing, of the Hearing Authority’s decision.