Disposition of Violations

Administrative Disposition of Violations

  1. The Director of Conduct and Accountability, at the completion of an administrative hearing, may administratively dispose of a violation.
  2. If this course of action is pursued, the Director of Conduct and Accountability will issue a Letter of Notification to the student. The Letter of Notification will state the findings and discipline sanctions imposed, if applicable. The letter will also inform the student that he/she has the right to appeal, that is, request a hearing by the Discipline Committee on the charges and/or discipline sanctions imposed. However, the terms of the discipline sanctions imposed will remain in effect.
  3. The Director may take action other than by judicial proceedings in any case of student conduct involving health, psychological or mental disturbance, or other unusual circumstances which could demonstrably endanger the health or safety of the student or others, or cause disruption of University activities or services.
  4. In administratively disposing of a violation, sanctions may be imposed by the Director of Conduct and Accountability, Administrative Staff, Instructor or Academic Dean. Any appeal of the sanctions must follow the appropriate appeal procedures.
  5. The Director of Conduct and Accountability and academic dean may enter into an agreement with any student to impose sanctions for a period not greater than two years. Any appeal of the agreement must follow the appropriate appeal procedures.
  6. Educational Records of administrative disposition of violations are confidential in accordance with federal and state laws. The contents of the student’s record may not be revealed to anyone not associated with campus discipline except upon written request of the student or a court-ordered subpoena. In cases of sexual offenses and crimes of violence the student defendant and the victim will be notified of the outcome of the administrative disposition of the matter and subsequent appeals.

 

DISCIPLINE COMMITTEE

The Discipline Committee is responsible for hearing unresolved cases involving violations of the Standards of Conduct (other than academic cheating or plagiarism and disruptive behavior related to a classroom or academic activity) and appeals filed by students as a result of discipline actions taken administratively.

The Discipline Committee consists of one faculty member from each Academic College appointed by the Vice President for Student Affairs, two representatives from Student Affairs appointed by the Vice President for Student Affairs, and seven student members of the Student Government Association Student Supreme Court. The Committee elects the Chair. The Committee will also elect a Vice-Chair, who shall conduct the meeting in the absence of the Chair. In the absence of the chair and vice-chair, the longest serving member of the committee attending the hearing shall act as chair.

A quorum consists of five members of the committee, of which two must be student members and two must be faculty members. The Committee, at the request of the student defendant, may waive this quorum requirement.

 

Hearing Procedures

  1. The purpose of the hearing is to search for the truth, therefore the hearing is informal and the chair shall provide reasonable opportunities for witnesses to be heard.
  2. The hearing is closed. Upon request of the student defendant, the Committee may, but is not required to, permit the hearing to be open; however, if the victim/complainant wishes it to be closed, it will be closed.
  3. The following persons may attend: members of the Committee, the Student Judicial Officer and appropriate staff; the student defendant and an attorney, advisor, or friend; the victim/complainant and an attorney, advisor, or friend; and the SGA Director of Student Rights and Grievances. The defendant or the victim may choose the SGA Director of Student Rights and Grievances as their advisor or friend.
  4. The hearing may proceed if a student defendant fails without good cause to comply with a letter of notice. Failure to appear at the hearing may result in the right of the student to appeal the Committee’s decision.
  5. The committee shall proceed generally as follows during the hearing:
    1. The Chair calls the meeting to order.
    2. The Director of Conduct and Accountability reads the complaint.
    3. The Chair informs the student of his/her rights.
    4. The student enters a plea of guilty or not guilty. If guilty proceed “m”.
    5. The Director of Conduct and Accountability or other appointed staff member presents the evidence regarding the complaint.
    6. The student defendant presents his/her defense. The defendant’s attorney, advisor, or friend may advise the defendant but may not address the committee, witnesses, or other parties.
    7. The Director of Conduct and Accountability, defendant and Committee members will have an opportunity to question all witnesses. The victim may suggest questions for the Director of Conduct and Accountability to ask.
    8. The Director of Conduct and Accountability and the student defendant may present rebuttal evidence and argument.
    9. Summations will be presented in the following order: student defendant and the Director of Conduct and Accountability.
    10. The committee deliberates in private and decides the issue of guilt or innocence based on the evidence presented following examination of each issue presented by the case before it. Notes and copies of documentary evidence may be brought into the private session to assist in the deliberations. All individual notes taken must be destroyed at the conclusion of the hearing.
    11. The standard of guilt is whether it is more likely than not that the defendant committed the violation charged. The issue will be determined by simple majority vote of the Discipline Committee members present.
    12. In the hearing room, the committee announces its decision as to guilt or innocence to all of the parties and their advisors. Where there is more than one defendant, they will be addressed individually in a serial manner unless each individual requests group notification.
    13. If the student pleads guilty or the committee finds the student defendant guilty, the Director of Conduct and Accountability, victim, and the student defendant may present evidence and argument on an appropriate penalty.
    14. The committee then deliberates in private and determines appropriate sanctions by examining the issues specific to the case. Notes and copies of documentary evidence may be brought into the private session to assist in the deliberations where the appropriate sanctions are determined.
    15. In the hearing room, the Committee Chair announces the Committee’s recommendations to all parties and their advisors. Where there is more than one defendant, they will be addressed individually in a serial manner. All parties will be advised against releasing educational discipline record information.
    16. The Committee Chair gives the decision and/or recommended sanctions in writing to the Vice President for Student Affairs for procedural and substantive review, implementation, notification or other appropriate action, including rejection, modification or referral to the Committee for further consideration.