APPENDIX C: CODE OF STUDENT LIFE

Preface - I | II | III | IV | V

Preface

Student Responsibility On Campus and Off Campus

I. Student Conduct and Disciplinary Proceedings

A. Identification of Students on Campus

B. Student Standards of Conduct: Offences

C. Initiation of Disciplinary Proceedings and Administrative Disposition

D. All-University Judiciary

E. Authorized Disciplinary Sanctions

F. Disciplinary Records

II. Housing and Dining Regulations

A. Resident Hall and University Apartment Policies

B. Dinning Hall Regulations

III. Student Organizations and Activities

A. Introduction

B. Definition of Student Organizations

C. Conditions of Membership

D. Eligibility for Co-Curricular Participation

E. Affirmative Action Policy for Student Organizations

F. Registration of Student Organizations

G. Group Responsibility

H. Solicitation and Fund Raising

I. Use of University Facilities

J. Student Organization Responsibilities Regarding Alcohol and Other Drugs

IV. University Ideals, Organization and Policies

A. The Meaning of a University

B. University Government

C. Access to Higher Education

D. The Learning Process

E. Emergency Information Parent Notification

F. Freedom of Expression

G. Student Grievance Procedure

H. Freedom of Association and Inquiry

I. Freedom of Assembly

J. Administrative Organization

K. Campus Governance

L. Affirmative Action

M. Human Relations Committee

N. Student Travel Policy

V. Appendices

A. Campus Council Statement on Discrimination

B. Sexual Harassment Policy

C. Sexual Assault Policy

D. Stalking

E. Disorderly Conduct

F. Firearms and Other Weapons

G. Alcohol Laws

H. Alcohol and Other Drugs Policy

I. Drug Laws

J. Fire Laws

K. Hazing Laws

L. Protest Activities and Demonstrations

M. Code of Computing Practice

N. Pet Policy

O. General Laws

The mission of the University of Arkansas is teaching, research, and service. Inherent in this mission is the responsibility of the University to educate its students to be responsible, civic-minded citizens. The Code of Student Life outlines student conduct and disciplinary policies that pertain to students and student organizations at the University of Arkansas. It is designed to provide information to students, faculty, and staff regarding the ideals that underlie our academic mission, and the expectations that the University has regarding the conduct of students. The purpose of the policies outlined in the Code is to protect the rights of all members of the University Community and to maintain an atmosphere in the University community appropriate for an institution of higher education.

Interpretations of provisions within the Code may be requested by contacting the Associate Vice Chancellor for Student Affairs.

STUDENT RESPONSIBILITY ON CAMPUS AND OFF CAMPUS

University faculty, staff, and students value the University's relationship with the surrounding Fayetteville community and realize that the University has tremendous social, cultural, and economic impact on the greater Northwest Arkansas community. Policy setting and enforcement (discipline) are ways of educating students to become conscientious members of that community, and students are expected to conduct themselves in a responsible manner at all times, whether on or off campus.

If students or student organizations are cited by staff, faculty, or other students for a possible violation of local, state, and federal laws and/or University policies on campus, they may be subject to the formal judicial process of the University and/or appropriate legal action.

If students or student organizations are reported by community members for possible violations of the law off campus, the University will cooperate with appropriate officials taking necessary legal action. If these students or student organizations are reported to University officials, the University may intervene on a formal or an informal basis. "Informal" intervention will involve individual student(s) or student organization leader(s) being referred to the Dean of Students or designee for discussion of the incident. Off campus behavior which may have a significant impact on the mission of the University may be subject to formal University disciplinary action.

I. STUDENT CONDUCT AND DISCIPLINARY PROCEEDINGS

A. IDENTIFICATION OF STUDENTS ON CAMPUS

1. In order to protect the safety and welfare of students and employees of the University and to protect the property of the University, all persons at events or on property under the jurisdiction of the University shall identify themselves to an appropriate institutional representative who has identified himself/herself. A person identifies himself/herself by giving his/her name and complete address and stating truthfully his/her relationship to the University to an appropriate University official. A person may be asked to present some form of identification.

2. If any person refuses or fails upon request to present evidence of his/her identification and it reasonably appears that the person has no legitimate reason to be on the campus or in the facility, the person may be ejected from the campus or facility.

B. STUDENT STANDARDS OF CONDUCT

Students share in the responsibility for maintaining an environment in which the rights of each member of the academic community are
respected. All students and their guests shall be responsible for conducting themselves in a manner that helps to enhance an environment of learning in which the rights, dignity, worth, and freedom of each member of the academic community are respected. When asked to report to any University office in conjunction with a disciplinary matter, a student is expected to appear at the time specified or to arrange another appointment. Any student found responsible for a violation outlined in the Code of Student Life is subject to disciplinary sanctions, and may expect more significant sanctions in relation to the severity of the offense and/or in relation to being found responsible on multiple occasions.

Notwithstanding actions taken by state or federal authorities, or private litigants, the Associate Vice Chancellor for Student Affairs or designee may initiate disciplinary proceedings as outlined in Section I, II, and/or IV against a student or group who is suspected of violating or attempting to violate this Code or other applicable University rules or governing laws, including the following:

1. Inflicts or threatens bodily harm upon any person, or acts in a manner which creates a risk of bodily harm to any person.

2. Harassment, abuse, coercion, or threatening another by means other than the use or threatened use of physical force (see Appendix K)

3. Conducts himself/herself in a manner that significantly interferes with the operations of the University. This includes but is not limited to disruption or obstruction of teaching, research, administration, disciplinary proceedings or other University activities.

4. Conducts himself/herself in a manner that significantly endangers the health or safety of members of the University community or visitors to the campus.

5. Discriminates against any member of the University community or visitor on the campus through offensive behavior of a biased or prejudiced nature related to one's personal characteristics, such as race, color, national origin, sex, religion, disability, age or sexual orientation. (See Appendix A)

6. Sexually harasses any member of the University community or visitor on the campus in violation of University policy (see Appendix B).

7. Sexually assaults any member of the University community or visitor on the campus in violation of University policy (see Appendix C).

8. Stalks any member of the University community or visitor on the campus (see Appendix D).

9. Engages in disorderly conduct including but not limited to verbal abuse or inappropriate behavior (see Appendix E).

10. Damages, defaces or destroys property.

11. Takes, possesses, uses, or attempts to take or possess without permission, property belonging to the University, a member of the University community, or any other personal or public property.

12. Possesses firearms in violation of law or University policy (see Appendix F).

13. Possesses weapons, other than firearms in violation of law or University policy (see Appendix F).

14. Possesses, uses, or distributes an alcoholic beverage in violation of law or University policy (see Appendix G and Appendix H).

15. Is visibly overcome or publicly intoxicated by alcohol.

16. Uses or possesses a controlled substance or narcotic (see Appendices H and I).

17. Possesses and/or uses drug paraphernalia (see Appendices H and I).

18. Sells or intends to manufacture a controlled substance or narcotic (see Appendices H and I).

19. Tampers with life safety equipment.

20. Sets a fire in or on university property or in violation of law or University policy (see Appendix J)

21. Possesses or uses any explosive device including but not limited to firecrackers, cherry bombs, bottle rockets and dynamite.

22. Engages in hazing (see Appendix K).

23. Forges, alters, destroys, misuses, or possesses University documents or records without authorization. Violations include but are not limited to forgery of applications for financial aid, admission, course changes or course credit, copying or misuse of parking permits, or alterations of transcripts or student identification cards.

24. Possesses, duplicates or uses keys to any University premises without authorization and/or enters/uses University premises without authorization.

25. Gambles for money or other items of value on University premises; this includes playing of cards or other games of chance or skills for money or other items of value.

26. Lends, sells or otherwise transfers a student identification card. This includes but is not limited to the use of a student I.D. and/or meal card if not its original holder.

27. Organizes or participates in activities which are in violation of University policy related to demonstrations and/or assemblies (see Appendix L).

28. Misuses a University computer or otherwise violates the Code of Computing Practice (see Appendix M).

29. Creates a disturbance in violation of University policy and/or the local sound ordinance (see Appendix N).

30. Misuses University telephones or equipment. This includes but is not limited to the use of University phones or equipment without consent of those responsible for their control.

31. Keeps or brings a pet on University premises in violation of the University policy (see Appendix O).

32. Is in violation of University of Arkansas Housing policies and procedures. (see Section III)

33. Is in violation of any Arkansas state and/or federal criminal law (see Appendix P).

34. Fails to comply with orders or directives of University officials, University hearing bodies, University Police or any other law enforcement officers acting in performance of their duties.

35. Furnishes false or misleading information to a member of the faculty, staff, student, or law enforcement official acting in an official capacity.

36. Conducts himself/herself in a manner, which encourages or enables illegal activity and/or a violation of the Code of Student Life by failing to confront the behavior or by implicitly condoning the behavior by his/her presence during the activity.

37. Tampers with the election of any University-recognized
student organization.

C. INITIATION OF DISCIPLINARY PROCEEDINGS AND ADMINISTRATIVE DISPOSITION

Under the direction of the Chancellor, and subject to other University policies, the Vice Chancellor for Student Affairs has primary responsibility and authority for the administration of student discipline in response to violations defined in Section B above. Further delegation of this authority may be made by the Vice Chancellor for Student Affairs to the Associate Vice Chancellor for Student Affairs and the Dean of Students. The Dean of the Graduate School will be notified in all cases involving graduate students.

1. Disciplinary Correspondence

Disciplinary correspondence regarding a formal hearing under the Code of Student Life will be sent to the student's most current address listed with the University Registrar's Office by certified mail, return receipt requested. However, the University reserves the right to use other reasonable means to notify students.

a. Filing Complaints

1) Any academic or administrative official, faculty member, staff member, or student may file a verbal or written complaint with the Office of the Dean of Students against any student or student organization for misconduct.

2) While action on a complaint of violating a University regulation is pending, the status of the student or student organization shall not be altered except for reasons outlined in sub-section g or h below, or as otherwise provided for in University policy.

b. Presumption of Innocence

Subject to all other provisions of the Code, any student or
student organization charged with an infraction under this Code shall be presumed not responsible until proven responsible by a preponderance of evidence.

c. Preliminary Investigation

When the Dean of Students or designee receives information that a student or student organization has allegedly violated University policies or local, state, or federal law, the Dean or designee shall investigate the alleged violation. After completing a preliminary investigation, the Dean or designee may find no basis for the complaint and dismiss the allegation as unfounded, or proceed with the disciplinary process as outlined in the Code. Proceeding with the disciplinary process may involve:

1) proceeding with the pre-hearing conference as described below, or

2) imposing an Interim Suspension or an Interim Action as described below which will remain in effect pending a review by the All-University Judiciary or appropriate hearing officer, or

3) making a Referral for Psychological Evaluation as described below.

d. Summoning a Student for a Pre-hearing Conference

1) The Dean or designee may formally summon a student or student organization to appear for a pre-hearing conference in connection with an alleged violation by sending him/her/them a charge letter pursuant to Section I-C-1 above.

2) The charge letter shall direct the student or student organization to appear at a specified time and place not less than three class days later than after the receipt of the letter. The letter shall also describe briefly the alleged violation.

3) If an accused student or student organization fails to respond to a charge letter and fails to appear for the required pre-hearing conference, the accused student or student organization forfeits the options outlined in Section I-C-1-e below, and will be notified of a hearing date by certified letter, sent at least seven days before the hearing with the Dean or designee or, at the option of the Dean, the All-University Judiciary (AUJ). At this hearing, a decision of responsible or not responsible will be made based on available information, with or without the attendance of the accused student or student organization. If the student or student organization fails to attend the hearing, it will be assumed that the student or student organization denies responsibility for all allegations. When appropriate, a sanction will be determined and the student or student organization will be notified in writing.

e. Pre-hearing Conference and Administrative Hearing

1) During the pre-hearing conference, the Dean or designee shall explain the rights, responsibilities, and judicial procedures for the accused student.

2) Specifically, the accused student's rights are as follows:

a) To have written notice of the charge(s) and an outline of rights. In the event that additional charges are brought, a further written notice must be forwarded to the student.

b) To review all available information, documents, exhibits, and a list of witnesses that may testify against him/her/them. This is a continuing obligation of the complaining party and the Dean or designee.

c) To request an Administrative or AUJ hearing.

d) To elect not to appear at the hearing. The hearing would then be conducted in the student's or student organization's absence.

e) To be assisted by an advisor from within the University community, and/or to be accompanied by a family member acting as an advisor. An attorney may act as an advisor only as required by State or Federal Law. The advisor, upon request of the student or student organization, may:

i. Advise the student or student organization concerning the preparation and presentation of his/her case. The advisor may not speak for the student or student organization.

ii. Accompany the student or student organization to all judicial proceedings.

iii In cases involving sexual offenses, the alleged victim may have a support person or support persons present during the hearing. The support person(s) may not participate in any way in the hearing.

f) To have written notice of time, place and format of the hearing forwarded to the accused at least five class days prior to the hearing. Unless the student or student organization waives all or part of the notice, the formal hearing will not be held less than five class days from the date of the original charge

3) During the pre-hearing, the Dean or designee shall inform the student or student organization of the following options for resolution of the disciplinary charges:

a) The student may deny responsibility for the charge(s) and request an administrative hearing before the Dean or designee where determination of responsibility will be made. The Dean or designee may elect not to hear the case. The case would then be heard by the AUJ. If this administrative hearing officer finds the student responsible, an appropriate sanction will be determined.

b) The student may deny responsibility for the charge(s) and request a regular hearing before the All University Judiciary (AUJ) where a determination of the responsibility will be made. If the student or student organization is held responsible by the AUJ, an appropriate sanction or combination of sanctions will be determined.

c) The student may accept responsibility for the charge(s) and request for an administrative hearing before the Dean or designee to determine an appropriate sanction. The Dean or designee may elect not to hear the case. The case would then be heard by the AUJ.

d) The student may accept responsibility for the charge(s) and request for the AUJ to determine an appropriate sanction.

4) If a student or student organization requests an administrative hearing before the Dean or designee, the student or student organization may waive all or part of the written notice requirements including waiving the number of days required prior to the hearing. The student or student organization may also save the number of days specified from the original date of the charge letter and proceed with the hearing.

5) If a student or student organization fails, without good cause, to comply with the letter sent under this section, the AUJ
may proceed with the hearing in the student's or student organization's absence, as has been outlined previously.

6) A student or student organization receiving a hearing before the AUJ has a right of appeal of the AUJ decision to the appropriate Vice Chancellor. A student or student organization receiving an administrative hearing before the Dean or designee has a right of appeal to AUJ and then to the appropriate Vice Chancellor. If a student chooses a hearing before the AUJ and is cited for an additional violation in the interim, a student then forfeits the right to an AUJ hearing and, at the discretion of the Dean of Students, an administrative hearing will be conducted on all charges.

7) The Dean or designee is authorized to provide other opportunities for conflict resolution outside of the judicial process if all involved parties agree. These opportunities may include mediation or arbitration. All parties must mutually agree upon the choice of conflict resolution after review of procedures and potential terms of resolution.

f. Appeal of Administrative Action

In the event that a charged student or student organization disagrees with a finding of responsible or a sanction of an administrative hearing officer, the charged student or student organization may request an appeal in writing to the AUJ within forty-eight (48) hours after notification of the decision. Original sanctions (except interim suspension) are normally put into effect only after the AUJ makes a decision.

1) Procedure

a) The function of the AUJ in hearing an appeal is that of reviewing the action of the administrative hearing officer to determine if: (i) an alleged violation of the rights guaranteed the accused has occurred; (ii) the sanction is too severe for the violation; or (iii) new evidence has developed which has bearing on the outcome.

b) The AUJ shall receive the petition from a student or student organization choosing to appeal the decision of an administrative hearing. Such petition shall be submitted in writing to the chair of the AUJ through the Office of Dean of Students explaining in detail the reasons for the student's or student organization's appeal and, if applicable, specifying the ways in which he/she/they believes the procedures or actions of the administrative hearing officer have violated the standards outlined in Section I-C.

c) Upon receiving a petition, the AUJ shall obtain the record of the administrative hearing officer. Such record shall include relevant documents and a written statement by the hearing officer summarizing the case and the reasons supporting the disciplinary decision.

d) With this information, the AUJ shall decide whether an appeal hearing is warranted. This decision is based on the three options for an appeal as outlined in a) above. It shall notify the petitioner in writing of its decision within seven (7) days after receiving the student's or student organization's petition.

e) If the AUJ determines that a hearing should be granted, that hearing shall be held within seven (7) days of such determination and notification shall be given in writing at least three (3) business days prior to the date set for the hearing, specifying time and place of the hearing and informing the student or student organization of his/her/their rights as outlined in Section I-D-4. If a student or student organization chooses to waive the seven (7) day notice and other requirements as stated in this section, an immediate appeal hearing may be heard.

f) The AUJ shall invite the appellant, the relevant administrative hearing officer, and such other persons as it deems appropriate to appear before the AUJ to make statements and respond to questions. The student or student organization and administrative hearing officer may request the AUJ to invite persons to testify if there is new evidence. The AUJ follows regular hearing procedures in appeal cases, if it elects to hear new evidence.

g) After the hearing is concluded, the AUJ shall deliberate in private to reach a decision.

h) The AUJ has the authority to approve, reject, or modify the decision in question consistent with this Code.

i) The decision of the AUJ may be appealed by the accused student to the Vice Chancellor for Student Affairs or for Provost as outlined in Section I-D-5. Prompt notice of the decision of the AUJ shall be given. Any appeal of the AUJ decision must be in writing and presented within forty-eight (48) hours after notification of the decision.

g. Interim Action.

In certain circumstances the Associate Vice Chancellor for Student Affairs or his or her designee may impose restrictions, change of living arrangements, change in class schedule or other action that 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 Associate Vice Chancellor for Student Affairs/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.

h. Interim Suspension

Interim suspension is an action requiring that a student immediately leave the campus and University property, and suspending the students participation in any classes or any other University activities. Notwithstanding any other provision of this Code, Interim Suspension may be imposed upon a student or student organization by the Associate Vice Chancellor for Student Affairs or designee when there is reasonable cause to believe, based on available facts, that the student is an immediate threat to the safety of himself or herself, or other members of the University community or University property, or is persistently disruptive to the University community.

1) Any student who is suspended on a interim basis and returns to the campus and University property or otherwise violates the terms of the interim suspension shall be subject to further disciplinary action and may be treated as a trespasser. Permission to be on campus for a specific purpose (e.g., to take an exam, to consult with the Dean of Students or to participate in the disciplinary procedures against him/her) may be granted in writing by the Dean or designee.

2) When a student is suspended on an interim basis, he/she is given notice containing the reasons for suspension, the duration and any conditions that apply, and a copy of this interim suspension policy. A student notified of such interim suspension may, within ten class days of the written notice of suspension, request through the Dean or designee a hearing before the AUJ to determine whether the student is responsible for the charges and the appropriate sanction(s) and whether the conditions of the interim suspension should continue. This hearing, where normal procedures apply, before the AUJ shall be conducted as
expeditiously as possible. The Dean or designee may require a psychological evaluation prior to a hearing as outlined below.

3) The University reserves the right to invoke interim suspension for a student organization when there is reasonable cause to believe there may be an immediate threat to the safety of members of the University community or University property.

i. Referral for Psychological Evaluation

If authorized individuals determine that a student 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 for a psychological evaluation are the Vice Chancellor for Student Affairs, Associate Vice Chancellor for Student Affairs, and Dean of Students, and the Director of Housing or designee.

2) When an authorized professional staff member has reasonable cause to believe that a student is undergoing severe emotional problems, and when there is reasonable cause to believe that a student's continued presence on campus would present a danger to himself/herself and/or others, the staff member may direct the student to consult with the Director of Counseling and Psychological Services (CAPS). In the event the student should refuse, interim action from the University may be invoked .

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 Affairs.

4) Following an evaluation, the Director of CAPS may recommend that the student be with drawn from the University to seek psychological/medical treatment if:

a) The student has violated institutional regulations and appears to lack the capacity to respond to the judicial affairs process, or did not appear to know the nature and wrongfulness of the alleged violation;

b) The student has threatened or attempted suicide and is suffering from a serious mental disorder that is being exacerbated in the campus environment; or

c) A student is engaged in behavior made worse in the academic setting, that places him or her in serious medical jeopardy producing conditions that cannot be treated effectively without leaving the University.

5) If withdrawal is recommended, the Director will notify the Associate Vice Chancellor and Dean of Students. If the Associate Vice Chancellor for Student Affairs accepts the Director's recommendation to withdraw, the student shall be immediately withdrawn from the University. The Associate Vice Chancellor or his designee will notify the Dean of the College in which the student is enrolled. It is understood that such withdrawal will be backdated to a time pre-dating the last date for dropping a course without a grade and that the student will automatically receive a W in all course work. The Registrar will also be directed to flag the student's file so that any readmission application will come to the attention of the Associate Vice Chancellor for Student Affairs, and the director of CAPS.

6) 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.

7) The Director of CAPS will send a report summarizing the results of the evaluation and any recommended action to the Associate Vice Chancellor for Student Affairs and the Dean of Students. Other appropriate personnel will be notified of any action taken regarding a change in the student s status by the Office of Dean of Students ( e.g., the University Housing staff member if the student is living in a residence hall).

D. ALL-UNIVERSITY JUDICIARY

1. All-University Judiciary

a. When a student requests a regular hearing before the AUJ or when the Dean of Students or designee refers a case automatically, the AUJ becomes involved. The Associate Vice Chancellor for Student Affairs or designee serves as the advisor to the AUJ. A panel consisting of four students and five faculty will be selected from a pool of members to hear each case. The pool of members will consist of:

1) Eight undergraduate student members and eight graduate student members, selected as described below ,and appointed by the Vice Chancellor for Student Affairs or the Graduate Dean.

2) Seven faculty members recommended by the Faculty Senate's Committee on Committees and appointed by the Vice Chancellor for Student Affairs.

b. The Chairperson and Vice-Chairperson of the AUJ will be chosen from among the seven faculty members and appointed by the members of the AUJ.

c. When the board convenes, a quorum is fulfilled when a simple majority of five members are present.

d. Members shall be selected as follows:

1) The seven 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. Faculty are eligible to reapply to additional terms as proscribed above. At least four of the faculty members must have graduate faculty status.

2) The sixteen students named to the board should represent the review decisions of administrative hearing officers and of the Dean or designee with authority to lessen but not increase the sanction imposed or recommended by other bodies. The AUJ may refer a case to the original hearing officer for a rehearing.

a) The AUJ may have, at the request of the student, original jurisdiction in disciplinary cases as outlined in Section I-C-1-e.

3. Procedural Standards for All University Judiciary Cases

a. All matters upon which the decision may be based must be introduced into evidence at the hearing before the AUJ, the decision shall be based solely upon such matters and must be supported by the evidence. Any student charged with an infraction under this Code shall be presumed not responsible until proven responsible by a preponderance of the evidence.

b. All evidence will be admitted except that which is irrelevant or repetitious. The AUJ will be the sole judge of admissibility of evidence.

c. AUJ records are maintained in the Office of the Dean of Students and are confidential and may be released only with the consent of the student or other wise consistent with law and University policy. This includes records of the judicial proceedings and disposition.

d. No member of AUJ who has a personal interest in the particular case may sit in judgment during the proceeding. In such cases in which a member cannot serve due to a conflict of interest, a temporary member may be appointed by the Vice Chancellor of Student Affairs or his/her designee to serve for the duration of the hearing.

4. Hearings before the All-University Judiciary

a. Prior to a hearing, the accused student is entitled to:

1) A written notice of the charge(s) and an outline of rights. In the event that additional charges are brought, a further written notice must be forwarded to the student. These notices are sent pursuant to Section I-C-1.

2) Review all available information, documents, exhibits and a list of witnesses that may testify against him/her. This is a continuing obligation of the complaining party and the Dean or designee. The Dean of Students office is obligated to inform the respondent of any new information that becomes part of the file.

3) Request either an administrative or AUJ hearing.

4) Be assisted by an advisor from within or beyond the University community. The advisor upon request of the student may:

a) Advise the student concerning the preparation and presentation of his/her case. The advisor may not speak for the student except in exceptional circumstances at the discretion of the AUJ chair.

b) Accompany the student to all judicial proceedings.

5) A written notice of time, place, and format of the hearing forwarded to the accused at least five class days prior to the hearing, unless the student waives all or part of the notice. The formal hearing will not be held less than five class days from the date of the original charge letter, unless the student charged waives the limit.

6) A pre-hearing interview with the Dean or designee during which the student's rights, responsibilities and procedures are explained under University policy.

b. Duties of the AUJ

In those cases in which the accused student requests a hearing before the AUJ and disputes the facts upon which the charges are based, such charges shall be heard and determined by the AUJ. AUJ will:

1) Determine that the Dean or designee has satisfactorily performed the requirements of Section I-D-4-a.

2) Rule on the admissibility of evidence, motions, and objections to procedures; render a written decision as to whether the accused student is responsible or not responsible for the charges; provide a rationale; determine the sanction (if any); and provide the Dean and student with the copy of the decision.

c. Duties of the Dean of Students

The Dean or designee shall:

1) Consult the AUJ in setting the date, time, and place for the hearing.

2) Assist the AUJ in summoning witnesses and preparing evidence that is requested by the AUJ.

3) Notify the student by letter of the date, time and place for the hearing. The Dean or designee shall send the letter pursuant to Section I-C. The letter shall specify a hearing date not less than five class days after the date of the receipt of the letter. A student may request in writing that an earlier date be set, if feasible. The AUJ, for good cause, may postpone the hearing and notify all interested persons of the new hearing date, time, and place.

4) The letter described above shall:

a) Direct the student charged to appear at a date, time, and place specified.

b) Advise the student of his/her rights:

i. To appear in person, hear all testimony, present any relevant information on his/her behalf, invite witnesses, and to ask questions of witnesses that give adverse statements at the hearing.

ii. To elect not to appear at the hearing. The hearing shall then be conducted in the student's absence.

iii. To be assisted by an advisor from within or beyond the University.

iv. To refuse to answer any questions or make a statement; however, the hearing authority then shall make its decision solely on the basis of information introduced at the hearing.

v. To know the identity of witnesses who will testify against him/her.

vi. To question each witness who will testify against him/her for the purpose of clarification.

vii. To have all statements, information, or comments given during the hearing held in strictest confidence by members of the board before, during, and after deliberation. Only those faculty and staff with an educational need to know will be informed of the outcome.

viii. To have hearings conducted in an informal manner where technical rules of evidence will not be applied. The taking of statements of witnesses may be done by discussion, though each witness shall be subject to cross-examination. Witnesses (except for the accused) shall be present during the hearing only during the time they are testifying. While written statements are admissible, no one shall be found responsible who has not had the opportunity to testify, to present evidence, invite witnesses, and to hear questions adverse witnesses that appear at the hearing.

ix. To have a summary of the hearing record.

x. To appeal as outlined in Section I-D-5.

c) Contain the names of witnesses who will testify against the student and a description of evidence and charges that will be offered against him/her.

d) Contain a summary of the complaint.

e) Notify the respondent that the Dean or designee may question his or her witnesses and request a list of the respondents' s witnesses.

d. If a student or student organization fails, without good cause, to comply with the letter sent under this section, the AUJ may proceed with the hearing in the student's or student organization's absence, as has been outlined previously.

e. The AUJ shall proceed generally as follows during the hearing:

1) The chairperson of the AUJ reads a complaint and informs the student or student organization charged of his/her/their rights, as listed in Section I-D-4, and asks the student or student organization whether he/she/they admit or deny responsibility to the charge or charges before the AUJ.

2) The Dean or designee presents the University's case.

3) The student or student organization presents a defense.

4) The Dean or designee and the student or student organization defendant present rebuttal evidence and arguments. The chairperson will exercise control over the hearing to avoid needless consumption of time, to avoid repetition of information, and to prevent the harassment or intimidation of participants.

5) All parties except the AUJ's advisor are excused from the room for private deliberations of the AUJ. The AUJ deliberates and decides the issue of responsibility or non-responsibility.

6) If the AUJ finds the student or student organization charged responsible, the Dean or designee and student or student organization charged may present evidence and argument on an appropriate sanction.

7) The AUJ deliberates in private and determines an appropriate sanction.

8) The AUJ renders a written decision as to the accused student's or student organization's responsibility or non-responsi
bility of charges. The decision states the sanctions, if any, and procedures for appeal. The accused student or student organization and Dean or designee shall each be given a copy of the decision.

f. Hearing Record:

The hearing record is confidential and consists of:

1) A copy of the hearing notice that was forwarded to the student or student organization prior to the hearing.

2) All documentary and other evidence offered or admitted in evidence.

3) Written motions, statements, and any other material considered by the AUJ.

4) The hearing decision and rationale of AUJ.

5. Appeal of an All-University Judiciary Decision

In the event a charged student or student organization disagrees with a finding of responsible or sanction of the AUJ, the charged student or student organization may request an appeal to the Vice Chancellor for Student Affairs within forty-eight (48) hours after notification of the decision. In the event of an appropriate appeal, the original sanctions (except interim action or interim suspension) will be put into effect only after the Vice Chancellor for Student Affairs makes a decision. Appeals of misconduct decisions shall be submitted to the Vice Chancellor for Student Affairs. Appeals of academic dishonesty decisions shall be submitted to the Vice Chancellor of Academic Affairs.

a. Procedure for Appeal:

1) The function of the Vice Chancellor for Student Affairs in hearing an appeal is that of reviewing the action of the AUJ to determine if: (1) an alleged violation of the rights guaranteed the accused (see Section I-D) has occurred; (2) the sanction is too severe for the violation; or (3) new and significant evidence becomes available that was not available at the time of the hearing.

2) The Vice Chancellor for Student Affairs shall receive the petition from a student or student organization choosing to appeal (1) the decision of the AUJ, or (2) the decision of the Administrative Hearing officer and the appeal decision of the AUJ. Such petition shall be submitted in writing to the Vice Chancellor for Student Affairs explaining in detail the reasons for the student's or student organization's appeal and specifying grounds for appeal and/or the ways in which he/she/they believes the procedures or actions of the administrative hearing officer or the AUJ have violated the standards outlined in 1) above.

3) Upon receiving a petition, the Vice Chancellor for Student Affairs shall obtain the record of the administrative hearing officer (when applicable) and the AUJ. Such record shall include all relevant documents. A statement from the AUJ advisor shall summarize the case and the reasons supporting the disciplinary decision.

4) With this information, the Vice Chancellor for Student Affairs, shall decide whether to approve, reject, or modify the decision in question. This decision is based on the three options for an appeal outlined above.

5) The Vice Chancellor has the authority to approve, reject, or modify the decision in question. The Vice Chancellor may also remand the case to the AUJ a completely new hearing. The decision of the Vice Chancellor shall be made within 10 days of receipt of all information outlined above.

6. Appeal of the Vice Chancellor's Decision

In the event a charged student or student organization disagrees with the finding of responsible or sanction of the AUJ and the decision of the Vice Chancellor on the appeal, the charged student or student organization may request an appeal to the Chancellor within forty-eight (48) hours after notification of the appeal decision by the Vice Chancellor. In the event of an appeal to the Chancellor, the original sanctions (except interim action or interim suspension) will be put into effect only after the Chancellor makes a decision.

a. Procedure for appeal:

1) The function of the Chancellor in hearing an appeal is that of reviewing the action of the AUJ and the decision of the Vice Chancellor to determine if: (1) an alleged violation of the rights guaranteed the accused (see Section I-C) has occurred; (2) the sanction is too severe for the violation; or (3) new and significant evidence becomes available that was not available at the time of the hearing.

2) The Chancellor shall receive the original petition from the student or student organization that was submitted to the Vice Chancellor for an appeal of the decision of the AUJ.

3) Upon receiving the petition, the Chancellor shall obtain the record of the AUJ. Such record shall include relevant documents from the AUJ. A statement from the AUJ advisor shall summarize the case and the reasons supporting the disciplinary decision. The Chancellor shall also obtain and consider the appeal response and decision of the Vice Chancellor.

4) With this information, the Chancellor, shall decide whether to approve, reject, or modify the AUJ decision and/or the appeal decision of the Vice Chancellor. This decision is based on the three options for an appeal outlined above.

5) The Chancellor has the authority to approve, reject, or modify the decisions in question. The Chancellor may also remand the case to the to original board, hearing officer or AUJ for a completely new hearing. The decision of the Chancellor shall be made within 10 days of receipt of all information outlined above.

E. AUTHORIZED DISCIPLINARY SANCTIONS

When AUJ, the Dean of Students or designee has determined that a student or student organization has violated the Code, each is obligated to respond in a manner that 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 AUJ or the Dean or designee are authorized to impose any one or a combination of the following sanctions:

1. University Disciplinary Sanctions

a. Oral 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.

b. Written Reprimand

A written reprimand involves a status of warning through the end of the next full semester, and terminates automatically when the imposed period expires. Further violations during this warning period are likely to result in more severe judicial sanctions.

c. Disciplinary Probation

Disciplinary probation involves a status of probation for up to one calendar year, which terminates automatically when the imposed period expires. A student who is placed on disciplinary probation is considered not to be in good standing with the uni
versity. As part of the disciplinary probation, the student may have restrictions placed on specific student privileges, as determined by the hearing body or judicial administrator, not to exceed the duration of the probationary period. In the event of a further violation of this Code or other applicable rules while on disciplinary probation, the Dean of Students or designee will ,at a minimum, seek the penalty of suspension.

d. Suspension

Suspension involves withdrawal of enrollment privileges and, at minimum, cancellation of registration through the end of the next full semester and ordinarily carries with it conditions which must be met for re-enrollment. During the period of suspension, the student may not come onto campus, except when specifically authorized in writing by the Dean of Students or designee. Failure to abide by this condition may result in arrest for trespassing and/or further disciplinary sanctions. 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 Dean of Students.

e. Indefinite Suspension

Indefinite suspension involves withdrawal of enrollment privileges and cancellation of registration through the end of at least the next two full semesters, and ordinarily carries with it conditions which must be met for re-enrollment. Re-enrollment after an indefinite suspension requires that the student apply to the Dean of Students at the close of the imposed period. The Dean of Students determines whether the student has met the conditions imposed and is otherwise eligible for reenrollment. During the period of suspension, the student may not come onto campus. Failure to abide by this condition may result in arrest for trespassing.

f. Expulsion

Expulsion is a permanent dismissal from the University.

2. Restitution.

Restitution is one likely response to situations that 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.

3. Removal of Activity Privileges.

This option may be exercised if it is believed by the board or hearing officer that restricting or removing specified activity privileges may be an effective educational sanction. This approach may be particularly useful when the violation is related to a University activity, such as a fight during an intramural game or an alcohol violation at a University sponsored event.

4. Educational Sanctions.

All the consequences of the judicial hearing are intended to be educational. In this context, however the term "educational sanctions" specifically describes those tasks, assignments, or experiences that 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 any other disciplinary sanction. Educational sanctions may, for example, require the respondent to prepare letters of apology, to research an issue related to the offense, to attend a workshop, lecture or meeting, to perform community service, or to attend counseling.

5. Removal From a Living Unit.

In imposing this sanction, the board or hearing officer 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 that 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.

6. Registration and Account Holds

The Dean of Students or designee has the authority to place a hold or to request the Registrar or appropriate University Official to impose a hold on a student's account when a student fails to comply with assigned sanctions. Account holds may restrict students from making changes to their accounts including, for example, restrictions on registering for classes or receiving a degree. Account holds shall remain in place until the student complies with the assigned sanction(s).

F. DISCIPLINARY RECORDS

1. A hearing record, notice of appeal, and each petition for review are confidential and may not be disclosed in whole or part except as provided for by law, as described in greater detail in Section V. This disciplinary record shall be separate from the student's academic record but shall be considered a part of the student's educational record and is maintained in the Office of the Dean of Students.

2. A student who is suspended, indefinitely suspended, or expelled will have a hold placed on his/her registration file by the Dean of Students or designee. This hold will be removed when the term of suspension expires and/or conditions for reenrollment have been met.

3. Suspension or expulsion will be noted on the transcript as a withdrawal with a mark of "W" assigned.

4. Records for cases not resulting in interim suspension, indefinite suspension, or expulsion will be destroyed five years after the date of the incident or as permitted by federal or state law.

5. Discipline records for individuals are confidential and are not made available to unauthorized persons except upon consent of the student or as otherwise provided by law, including the Family Education Rights and Privacy Act (FERPA). Discipline records for student organizations are not protected by The Family Educational Rights and Privacy Act.