(A) Purpose. Paragraph (N) of rule 3342-4-02 of the Administrative Code authorizes the vice president for enrollment management and student affairs to establish such administrative procedures as necessary to fulfill the intent of said policy. The vice president has delegated the responsibility to direct the student conduct program to the director of student conduct in the division of student affairs. It is the responsibility of that official to provide hearing panels and officers with technical advice, training, and clerical staff; establish procedures to ensure an ongoing evaluation of student conduct rules; collect and maintain all records of formal disciplinary action; establish means to inform all members of the university community of student conduct policies and issues; and serve as a consultant to students and staff in the use of the student conduct program.
(B) Jurisdiction and charges. It should be understood that this policy establishes procedural directions and is subject to change by action of the vice president for enrollment management and student affairs. The procedures are intended to assure proper implementation of the policy regarding administration of student conduct.
(C) Policies and regulations. The rules listed provide guidance for campus conduct. Violation of these policies can result in disciplinary action. All are given more complete treatment through separate rules of the Administrative Code as noted:
(1) 3342-3-01.8 of the Administrative Code, cheating and plagiarism.
(2) 3342-3-01.11 of the Administrative Code, disqualification of students.
(3) 3342-4-01.1 of the Administrative Code, antidiscrimination.
(4) 3342-4-01.3 of the Administrative Code, participation in student activities.
(5) 3342-4-01.2 of the Administrative Code, registration of student organizations.
(6) 3342-4-03 of the Administrative Code, assembly and speakers.
(7) 3342-4-05 of the Administrative Code, student housing.
(8) 3342-4-05.1 of the Administrative Code, room entry and search.
(9) 3342-4-04 of the Administrative Code, alcoholic beverages.
(10) 3342-4-04.1 of the Administrative Code, alcoholic beverages.
(11) 3342-4-04.101 of the Administrative Code, alcoholic beverages.
(12) 3342-4-06 of the Administrative Code, solicitation and sales.
(13) 3342-4-01.5 of the Administrative Code, solicitation.
(14) 3342-4-06.1 of the Administrative Code, sales.
(15) 3342-4-02 of the Administrative Code, regulations for student behavior.
(16) 3342-4-02.2 of the Administrative Code, class disruption.
(17) 3342-4-08 of the Administrative Code, parking and traffic.
(18) 3342-4-10.102 of the Administrative Code, solicitation and sales--student center.
(19) 3342-4-10.104 of the Administrative Code, student organizations office access.
(20) 3342-4-10.2 of the Administrative Code, signs on student center.
(21) 3342-4-10.107 of the Administrative Code, animal control, student center.
(22) 3342-4-10.108 of the Administrative Code, lobby activities, student center.
(23) 3342-4-05.2 of the Administrative Code, room visitation.
(24) 3342-4-03.101 of the Administrative Code, demonstrations and speakers--student.
(25) 3342-4-03.1 of the Administrative Code, demonstrations and speakers.
(26) 3342-4-01.601 of the Administrative Code, fireworks and bonfires.
(27) 3342-4-03.3 of the Administrative Code, posting, handbills, loudspeakers.
(28) 3342-4-07 of the Administrative Code, hazing.
(29) 3342-4-07.101 of the Administrative Code, hazing.
(30) 3342-5-08 of the Administrative Code, information re: students.
(31) 3342-4-02.5 of the Administrative Code, deregistration of students--mental health.
(32) 3342-5-12.4 of the Administrative Code, use of university facilities.
(33) 3342-5-12.401 of the Administrative Code, use of university facilities.
(34) 3342-5-12.5 of the Administrative Code, university automobiles--student use of.
(35) 3342-7-07 of the Administrative Code, student residency.
(D) Voluntary withdrawal. Students claiming an inability to participate in the student conduct process for psychological or emotional reasons will be allowed to voluntarily withdraw from the university. The university may required documentation from a mental health provider for verification. Voluntary withdrawal does not preclude the student conduct process from occurring. In these specific instances, at the discretion of the vice president for enrollment management and student affairs or designee, the student conduct process may be delayed or held in abeyance, and the student placed on ineligible hold, thus prohibiting future class registration. If/when the student attempts to re-enter the University, the pending student conduct proceedings may be reinstituted.
(E) Interim action. When the vice president for enrollment management and student affairs (or designee) has reasonable cause to believe that a student(s) may pose a risk to the safety or well-being of those involved or others in the University community, the student(s) may be issued an interim action. Interim actions may include but are not limited to: no contact order, restriction from specific campus facilities or locations, requirement to secure a psychological evaluation, etc. An interim action shall remain in effect until removed or altered by the vice president for enrollment management and student affairs (or designee) or as the result of the code of student conduct. Failure to comply with an interim action may result in a referral to the code of student conduct.
(F) Offenses. The following guidelines are presented to ensure that behavioral violations are dealt with appropriately, and in an expedient fashion. Variance from these procedures may be necessitated by certain time lapses caused by vacation breaks and periods and by law enforcement or other investigative processed. Such variances, if challenged, will be evaluated on an individual case basis with respect to availability of staff to implement the following procedures:
(1) Residence halls. Offenses occurring within residence halls should be adjudicated by the procedures outlined in the Hallways Handbook.
(a) Within three working days of the incident (violation), the resident director attempts to personally resolve the problem.
(i) The resident director ensures that the information is appropriate, accurate and complete.
(ii) In the interest of educational discipline, the resident director discusses the incident with the principal parties, and issues a copy of the incident report to the charged student.
(iii) The resident director documents any additional information and/or recommendations on a separate form.
(iv) In the event that the student charged is unavailable for discussion of incident with principal parties, a copy of the incident report shall be mailed to the address of record of the student charged.
(b) If the resident director determines that the behavior can be corrected, and if all parties agree, the resident director may administer alternative discipline.
(c) If the resident director determines that the incident requires formal disciplinary action, the incident report and written recommendations are then forwarded within twenty-four hours to the residence services office.
(d) The appropriate residence services staff member discusses the incident with the resident director and checks for appropriateness, accuracy and completeness of the case.
(e) Within forty-eight hours of receipt by the residence services office, the incident report is forwarded to the student conduct office.
(2) Other locations. Offenses occurring at the locations listed below shall be routed to the student conduct office within seven calendar days of the date of the violation. During those seven days, the following shall occur:
(a) Fraternity and sorority houses. Violations occurring within fraternity or sorority houses shall be reported to the appropriate officer in the chapter. If the chapter wishes to bring charges, the case shall be reported to the center for student involvement staff person responsible for Greek life. The center for student involvement staff member shall hold a preliminary interview to determine if formal disciplinary action is warranted. If formal action is necessary, the case will be referred to the office of student conduct office.
(b) Violations not related to a student's residence unit. Violations not related to a student's residence unit shall be reported to the appropriate university staff member who shall arrange a preliminary interview to determine if disciplinary action is warranted. If formal action is necessary, the case will be referred to the student conduct officer.
(c) Student organization violations. Instances of conduct violations by a student organization shall be reported directly to the director of the center for student involvement. The director shall arrange a preliminary interview to determine if disciplinary action is warranted. If formal action is necessary, the case will be referred to the student conduct officer.
(G) Enforcement. Responsibility for the enforcement of all university disciplinary sanctions must be assumed by all university staff and faculty.
(H) Procedures for conducting student conduct hearings.
(1) Only accused student(s), complainant(s), law enforcement/investigator(s), hearing officer(s), student conduct staff / convener, conduct advisor(s), witnesses, and/or character references will be allowed in the hearing rooms. All others must wait outside the room until the hearing panel has concluded, or authorizes entry.
(2) The following are guidelines for conducting student conduct hearings.
(a) A student conduct convener and/or hearing officer calls the meeting to order, facilitates introductions, and takes whatever action is necessary to preserve the decorum of the hearing. A conduct officer may end statements or questions if he or she determines that no new evidence is being offered..
(b) A student conduct convener and/or hearing officer reads the charge(s) against the accused student.
(c) The accused student is provided an opportunity to share his/her description of the event(s) that brought about the alleged misconduct, including witnesses.
(d) The complaining party is provided an opportunity to share his/her description of the event(s) that brought about the alleged misconduct, including witnesses.
(e) Law enforcement / investigator(s) is provided an opportunity to share investigative reports and his/her description of the event(s) that brought about the alleged misconduct, including any witness information.
(f) The hearing panel or hearing officer may question any of the participants.
(g) The accused student may question the complaining party, witnesses, and law enforcement / investigator(s) (to clarify content of investigative reports).
(i) In cases involving alleged acts of violence and/or sexual misconduct, the hearing officer or hearing panel may permit indirect questions, but because of the nature of the complaint, direct questions may not be permitted.
(ii) Indirect questioning may be conducted at the discretion of the hearing panel or officer with either party, verbally or in writing, supplying questions to the hearing panel or officer.
(h) The complaining party may question the accused student witnesses, and law enforcement / investigator(s) (to clarify content of investigative reports).
(i) A student conduct convener and/or hearing officer conducts the deliberation portion of the hearing without the presence of the principals, or witnesses, or observers. After deliberation, the a hearing officer informs the accused student of the decision and, if responsible, the sanction(s).
(j) Appeals. Appeals must be in writing and based on one or more of the reasons listed in paragraph (K) of rule 3342-4-02 of the Administrative Code.
(k) If an accused student fails to appear for a student conduct hearing, the hearing will continue in accordance with the student conduct procedures. The accused student will be provided the decision in writing and held accountable for any finding of responsibility and all resulting sanctions.
(l) Retaliation based on participation in, or outcome of, a student conduct hearing, whether by an individual, a group of individuals, or an organization, is expressly prohibited and may be referred for additional student conduct charges.
(m) In cases where the decision of the vice president for enrollment management and student affairs (or designee) is not to affirm, the vice president may reverse the finding of responsibility, modify the sanction(s), or return the case to a hearing panel or officer for further consideration.
(J) Reports and records.
(1) All hearings are digitally recorded. Recordings may be listened to or viewed to by students wishing to appeal a decision. Recordings will be provided to the student only at the student's expense.
(2) Notification of the outcome of the decision will be conveyed to both the accused student and to the complaining party and/or appropriate university officials.
(3) Records of all disciplinary cases shall be maintained by the office of student conduct. These records include a notice of hearing, notice of charges, and a report of student conduct hearing. Copies of these, along with all pertinent information, shall be the official record of a disciplinary case.
(4) Entries in these files will be removed five years after the date of the incident. Other than the record of each case, which shall be kept regardless of the final decision in the case, no other official record of disciplinary action shall be maintained by the university, nor shall a notation of the decision in any case ever appear on the student's official transcript.
(5) In special circumstances, a request to expunge student conduct records may be considered. Such requests, which must be submitted in writing to the office of student conduct, shall be made not less than twenty-four months following the incident or upon graduation from the university. Such request shall include supporting documentation and reasons for the expunction. The director of student conduct will consult with other university officials, and will determine whether to grant or deny such requests.
(6) Pursuant to the family educational rights and privacy act, the office of student conduct will send written notice to the parents of a student under twenty-one years of age who is found to be responsible for violating any state or local laws pertaining to possession or consumption of any alcoholic beverages or controlled substance. The office of student conduct will send written notice to parents of a student under twenty-one years of age when a first-time serious violation consists of:
(a) Alcohol or controlled substance negatively affecting the mental and physical well-being of oneself or others;
(b) Alcohol or controlled substance contributing to vandalism, assault, etc.; or,
(c) Alcohol or controlled substance contributing to a pattern of substance abuse. The university believes that parent notification is an educational measure that will provide students and parents an opportunity to appropriately deal with a potential problem that could result in serious academic, social, and personal health concerns.
Effective: September 10, 2012
Prior Effective Dates: 9/11/1979, 7/18/1983, 8/9/1983, 9/30/1985, 10/22/1986, 7/25/1989, 9/18/1993, 4/2/1996, 3/7/2000, 9/26/2005, 6/1/2007, 11/30/2007,10/14/2010