2017 Undergraduate Catalog > Student Rights and Responsibilities Statement > V. Disciplinary procedures in instances of misconduct of a non-academic nature which may subject a student to suspension or dismissal.

V. Disciplinary procedures in instances of misconduct of a non-academic nature which may subject a student to suspension or dismissal.

1.    Investigation of alleged misconduct of a non-academic nature:
   1.    Investigations of alleged serious misconduct of a non-academic nature shall be made by authorized personnel of the Division of Student Affairs. Accused students shall be personally interviewed. Before being questioned, a student shall be advised of the specific allegations made against him or her and that he or she is not required to make any statement but may voluntarily make a statement and explanation of the facts and submit information in proof of the same. If, as a result of such preliminary procedures, it appears there is factual basis supporting an allegation which could lead to suspension or dismissal, then the matter will be referred to the vice president for student affairs for review and possible referral to the Conduct and Discipline Committee* for a more detailed investigation before any decision is made or disciplinary action is taken against him or her. Exceptions to this policy include any cases of sexual discrimination, sexual assault, dating violence, domestic violence, or stalking. (See the University policies on Sexual Assault, Domestic Violence, Dating Violence, and Stalking; and Title IX Investigations.)

      *The Conduct and Discipline Committee is composed of up to three faculty members and up to four student members. Committee members are appointed annually based on recommendations from the Student Government Association and the subsequent approval from the vice president for student affairs. The vice president for student affairs is not a member of the committee, but is responsible for observing all meetings to insure that appropriate procedures are followed and that all pertinent information is presented.

   2.    In a matter when a student feels that disclosure of events surrounding his/her actions before a committee may be detrimental to his/her reputation, he/she may request that the vice president for student affairs adjudicate the matter and not make a referral to the Conduct and Discipline Committee. Should the student choose this alternate route, the vice president for student affairs will review the matter and render a decision. Exceptions to this policy include any cases of sexual discrimination, sexual assault, dating violence, domestic violence, or stalking. (See the University policies on Sexual Assault, Domestic Violence, Dating Violence, and Stalking; and Title IX Investigations.)
2.    Conduct and Discipline Committee Meeting:
   1.    The student shall be furnished with a written statement of the allegations against him/her along with a notice of the time and place of the Conduct and Discipline Committee meeting. This letter shall be retained as part of their student record.
   2.    The student shall be given (at the discretion of the Conduct and Discipline Committee Chair) reasonable opportunity to introduce information by way of written and/or oral statements from witnesses and otherwise in his/her own defense. Outside parties may not represent or be present at a Conduct and Discipline Committee meeting.  The Conduct and Discipline Committee shall weigh the information, reach a decision, and determine and impose the appropriate sanction, if any. The decision of the Committee shall be furnished in writing to the student, and retained as part of the student’s record. The committee’s action shall not be subject to any further appeal in the normal sense except as described in Section V, Item 3.
   3.    At any time when time factors or vacation periods make it impossible for the regularly appointed Conduct and Discipline Committee to meet, the vice president for student affairs will appoint an ad hoc committee to meet.
   4.    The vice president for student affairs in consultation with the president has the authority to intervene in University judicial processes to suspend or dismiss a student immediately under the following circumstances:
      • The actions of a student prevent other students, faculty, staff, or visitors from fully participating in academic or non-academic activities.
      • The student presents a clear and present danger to the campus community.

      Students suspended or dismissed under these circumstances may appeal the decision in writing to the Conduct and Discipline Committee within 72 hours of the decision being rendered. The decision made by the Conduct and Discipline Committee under these circumstances is final when rendered, and is not subject to any further appeal. The appellate procedure defined in Section V, Item 3 does not apply under these circumstances.

3.    Conduct and Discipline Committee Meeting Appellate procedure:
   1.    A student who has been found responsible for misconduct of a non-academic nature and who is subsequently suspended or dismissed may file a written application for permission to appeal to the President. Such application shall identify the matter and contain a concise statement of the reason for the appeal (e.g., a claim that the finding of responsibility is contrary to the manifest weight of the information presented at the hearing; that the sanction assessed exceeds that prescribed for the violation for which the student was cited; other substantial errors in the original proceeding) and shall be filed within 72 hours from the pronouncement of the decision.
   2.    The President shall consider the application as promptly as possible and may call the appellant to appear to make a further statement or explanation in support of the application before deciding whether to grant the application. If it is decided that the application is not merely frivolous and does present a substantial question whether real injustice has been done, the application shall be granted and the matter reviewed. Once the review is completed, the President may sustain, reverse, or modify the decision and orders made based on the original decision.
   3.    The judgment and final orders of the President, including orders denying applications to appeal, shall not be subject to review by or appeal to any higher authority.
4.    If the vice president for student affairs feels that the decision of the Conduct and Discipline Committee is inconsistent with the mission and goals of the institution, he may appeal the decision to the President of the University.