Handbook at The University of West Georgia

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Appendix A: Student Conduct

Students are admitted to the University of West Georgia with the expectation that they will have developed acceptable personal standards of conduct and ethics. Students are expected to have a responsible attitude toward regulations and standards of the university and the laws of the community, state, and nation and to show respect for their fellow students.

University regulations go into effect at the time a student matriculates and continue until the time of graduation or withdrawal. Upon completing the application for admission to the University of West Georgia, the student agrees to abide by the rules and regulations of the university.

Students may need to address past behavior or incidents that occurred during a period of time away from the university, prior to re-enrolling. Students may be held accountable through the university’s student conduct process when their on or off campus behavior violates of the Student Conduct Code.

The Code of Conduct is subject to change. This online version will be considered the current version.

Case Referrals
Conduct Code: Prohibited Conduct
Standards of Due Process
Violations of Law and Student Conduct Regulations
Interpretation of Regulations
Inherent Authority
Student Participation
Parental Notification
Advisors
Adjudication of Student Conduct Cases
Hearing Procedures
Sanctions
Appeals
Interim Suspension
Student Organizations

 

Case Referrals

Any person may refer a student suspected of violating this code to the Office of Student Conduct, formerly known as the Office of Judicial Affairs. Persons making such referrals are required to provide information pertinent to the incident and may be expected to participate in proceedings conducted to resolve the case. All reports of alleged violations committed by students should be made in writing and contain a statement of facts outlining each alleged act of misconduct through our private and secure online reporting form:

https://publicdocs.maxient.com/incidentreport.php?UnivofWestGeorgia

Students are expected to check their University email regularly. It is the primary means of any written communication from University officials. Therefore, University email is the primary means of conveying notice of charges and student conduct appointments

Conduct Code: Prohibited Conduct

Definition of terms used in this conduct code:

University premises means buildings or grounds owned, leased, operated, controlled or supervised by the university.

University sponsored activity means any activity on or off campus which is initiated or supervised by the university.

The following misconduct is subject to sanctions. Attempts to commit acts prohibited by this code shall be dealt with in the same manner as completed violations.

1.00 LOCAL, STATE, AND FEDERAL LAWS

Failure to abide by local, state and federal laws.

2.00 ACADEMIC DISHONESTY

All forms of academic dishonesty, including, but not limited to cheating, fabrication, plagiarism, and facilitating or allowing academic dishonesty in any academic exercise.

Cheating means using, attempting to use or aiding others in using unauthorized materials, information or study aids. It also means gaining unauthorized access to unauthorized materials.

Fabrication means falsification or unauthorized invention of any information or citation.

Plagiarism means representing the words or ideas of another as one’s own. Direct quotations must be indicated and ideas of another must be appropriately acknowledged.

See the Honor Code for additional examples of academic dishonesty.
 

3.00 DISRUPTIVE BEHAVIOR

.01 Interfering with normal university sponsored activities, including but not limited to, studying, teaching, research, campus events, university administration, student conduct proceeding or public service activity, police, or emergency services.

.02 Classroom disruption: Any classroom behavior that interferes with the instructor's ability to conduct class or the ability of other students to learn. Examples of disruption include, but are not limited to the following: allowing personal electronic communication devices to ring or beep, making or receiving phone calls or pages, or engaging in conduct that causes or provokes a disturbance that disrupts academic pursuits or infringes upon the rights of others. (In relation to this section, instructors may also include in their syllabus specific behaviors they consider to be inappropriate for a particular course.)

.03 Other prohibited behavior includes but is not limited to: obstructing the free movement of others, interfering with the use of university facilities, the abuse or unauthorized use of sound amplification equipment, and interfering with the freedom of expression or educational pursuits of others.

(In relation to this section see the university policies governing the use of sound amplification equipment, freedom of expression, and scheduled demonstrations and marches in Appendix L.)

4.00 DISORDERLY CONDUCT

.01 Physical assault on any person or persons.

.02 Harassment or threat of harm, whether physical, verbal, oral or written, which is beyond the bounds of protected speech, directed at a specific individual(s), and is so severe, pervasive, and objectively offensive that it denies or limits an individual's ability to work, or to participate in or benefit from an educational program or activity. (In relation to this section see the University's Electronic Communication Policy in Rights and Regulations and the Sexual Misconduct Policy in Appendix C.)

.03 Interfering with or failing to cooperate with any properly identified University official(s) acting in the performance of their duties.

.04 Retaliation in any form against someone who exercises his or her right to make a complaint or against any individual who provides information related to any such complaint.

.05 Engaging in obscene or indecent conduct which is beyond the bounds of freedom of expression and damages, befouls, or disturbs public property or the property of another so as to create a hazardous, unhealthy, or physically offensive condition.

.06 Entering or attempting to enter any event sponsored or supervised by the university without credentials for admission; for example, a ticket, identification card, invitation or any reasonable qualifications established for attendance.

 

5.00 WEAPONS

Unauthorized use, possession or storage of any weapon on university premises or at university sponsored activities.

Weapon means any object or substance designed or used to inflict a wound, cause injury, or incapacitate, including, but not limited to, all firearms, pellet guns, BB guns, bludgeons, metal knuckles, switchblade knives, and knives designed for the purpose of offense or defense.

See the following link for the complete weapons policy: http://www.westga.edu/police/104.php

6.00 HAZING

All rites and ceremonies of induction, initiation, or orientation into university life or into the life of any university groups which tend to occasion or allow physical or emotional suffering.

(See Appendix B for a complete definition of hazing.)

7.00 ALCOHOLIC BEVERAGES

.01 Consumption, possession, or transportation of alcoholic beverages by any student under legal age.

.02 Consumption or possession of alcoholic beverages on university premises or at university sponsored activities, except in rooms occupied by students of legal age in residence halls not designated as substance-free, or when authorized at social functions in designated areas.

.03 Furnishing alcoholic beverages to any student under legal age.

.04 Open display of alcoholic beverages on campus other than in approved areas during authorized functions.

.05 Being in an intoxicated condition as made manifest by disorderly, obscene, or indecent conduct or appearance.

.06 Driving under the influence of alcohol.

.07 Concealment of alcoholic beverages for the purpose of bringing them into a university sponsored activity or facility where alcohol is not permitted.

(In relation to this section, see the alcohol policy in the Rights and Responsibilities section of the student handbook.)

8.00 DRUGS

.01 The use or possession of any illegal drug or controlled substance including possession of drug paraphernalia. Drug paraphernalia means any legitimate object constructed or modified for the purpose of making, using or concealing any illegal drug or controlled substance.

.02 Any activity or conduct involving drugs that is in violation of local, state or federal law, including but not limited to manufacture, cultivation, distribution, sale and/or misuse of any controlled or illegal substance, including designer drugs; use or possession of prescription drugs without a valid prescription.

9.00 FIRE AND OTHER EMERGENCIES

.01 Intentionally initiating or causing to be initiated any false report or warning of fire, explosion or other emergency on university premises or at university sponsored activities.

.02 Tampering with, misusing, or damaging fire safety equipment.

.03 Intentionally setting or causing to be set any unauthorized fire on university premises or at university sponsored activities.

.04 The unauthorized possession, sale, furnishing or use of any incendiary device on university premises or at university sponsored activities.

10.00 EXPLOSIVES/FIREWORKS

Possession, use, furnishing or sale of explosives on university premises or at university sponsored activities, including the unauthorized use or possession of fireworks.

11.00 THEFT

.01 Theft of property or of services including keeping in one's possession items of stolen, lost or mislaid property.

.02 Selling a book not one's own without written permission of the owner.

12.00 MISUSE OF PROPERTY

Damaging, destroying, removing or otherwise misusing property belonging to the university or another person.

13.00 DECEPTION

.01 Any misuse of any University records, forms, or documents through forgery, unauthorized alteration, reproductions, or other means.

.02 Any giving or receiving of false information to the University of to any University official, administrator, or administrative unit.

.03 Providing false information to law enforcement officials.

.04 Possession of any fake or altered identification or any other identification that belongs to another person.

.05 Any attempt to perpetuate a fraud against the University or a member of the University community.

14.00 IDENTIFICATION CARDS

.01 Altering, or transferring to another, a UWG student identification card.

.02 Misuse of a UWG student identification card, meal card or any other form of identification.

.03 Failure to present and surrender a student identification card when it is requested by university officials, including University Police personnel and residence hall staff, acting in the performance of their duties.

15.00 SMOKING

Smoking is prohibited in or within 25 feet of any university facility including all university residence halls.

16.00 LITTERING

Disposing of any form of litter on university premises or at university sponsored activities other than in designated receptacles.

17.00 ANIMALS

Bringing into university buildings any animal, except for those approved as service animals or those required for research or class experiments or presentations.

18.00 UNAUTHORIZED USE OF UNIVERSITY FACILITIES

.01 Unauthorized presence in or use of university premises, facilities or property; remaining without authorization in any university facility after normal closing hours.

.02 Unauthorized use of any university service.

.03 Unauthorized use, duplication, or possession of university keys.

.04 Making reservations to use university space in the student's name with the intention of use by outside groups or organizations.

19.00 MISUSE OF THE UNIVERSITY NAME

Unauthorized use of the university's name, seal, logo, mascot or any other words or symbols implying affiliation with the university.

20.00 SOLICITATION (UNAUTHORIZED SALE)

Unauthorized solicitation or selling on university premises or at university sponsored activities.

See the university policy governing advertising, solicitation, and selling in Rights and Regulations.

21.00 INSTITUTIONAL PROCEDURES

.01 Failure to pay fees, charges, and fines within the specified time.

.02 Failure to maintain one's current local address with the Registrar.

.03 Failure to respond to and cooperate with university officials in the carrying out of the conduct process.

.04 Violating the terms of any sanction imposed in accordance with this code.

.05 Failure to report for any conference, meeting or appointment when required to do so by any university official acting in the performance of their duties.

22.00 RESIDENCE HALL REGULATIONS

Violation of policies and procedures published by the Department of Housing and Residence Life.

See the Department of Housing and Residence Life Website at http://www.westga.edu/housing/ for more information. Regulations for residence halls and Greek Village are listed on this page under "HRL Conduct."

23.00 MOTOR VEHICLE REGULATIONS

Violation of campus motor vehicle regulations and the traffic code published by the Parking and Transportation Services.

24.00 OTHER PUBLISHED UNIVERSITY REGULATIONS

Violation of university regulations or policies, as approved and published by various units of the university. These include, but are not limited to, the University policy prohibiting sexual misconduct, as well as policies administered by the Center for Student Involvement, Information Technology Services or other University entities regarding the use of University facilities, vehicles and amplification equipment, as well as campus demonstrations.

25.00 JOINT RESPONSIBILITY FOR MISCONDUCT

.01 Encouraging others or conspiring with or cooperating with others in the violation of university rules or regulations.

.02 Acting in concert to violate university conduct regulations.

.03 Condoning, encouraging, or failing to report behavior that violates university conduct regulations.

.04 Allowing, condoning, permitting, or providing opportunity for a guest to violate university conduct regulations.

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Standards of Due Process

Students subject to expulsion, suspension from the university or removal from university housing will be afforded an opportunity to have a formal hearing. Students subject to less severe sanctions will have an informal student conduct conference.

The focus of inquiry in student conduct proceedings shall be whether or not the charged student is responsible for violating the Student Conduct Code. Decisions shall use the standard of the preponderance of evidence in each case. Student conduct hearings are not legal proceedings, and formal rules of evidence do not apply.

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Violations of Law and Student Conduct Regulations

Students may be accountable to both civil authorities and to the university for acts which constitute violations of law and of this code. The adjudication of the student conduct case at the university will normally proceed regardless of the status of criminal proceedings.

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Interpretations of Regulations

Conduct regulations at the university are set forth in writing in order to give students general notice of prohibited conduct. The regulations should be read broadly and are not designed to define misconduct in exhaustive terms.

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Inherent Authority

The university reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community.

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Student Participation

Students are asked to assume positions of responsibility in the university’s student conduct process in order that they might contribute their skills and insights to the resolution of conduct cases. Final authority in student conduct matters; however, is vested in the university administration and in the Board of Regents.

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Parental Notification

Students are expected to notify their parents or guardians of their referral to the student conduct process. University officials will assume, unless notified otherwise, that the student is a dependent according to the Internal Revenue Code of 1954, Section 152, and may, at their discretion notify, the student's parents or guardian of the discipline case.

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Advisors

Respondents or complainants participating in a conduct hearing may be accompanied by an advisor, who may be an attorney. Those who will be accompanied by an attorney must so inform the appropriate conduct officer managing the correspondence for the case in writing at least two business days prior to the scheduled date of the hearing. Attorneys may participate only as advisors to their clients. Advisors may not appear in lieu of student participants.

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Adjudication of Student Conduct Cases

Conduct officer(s) reviews case referrals and assesses whether to charge students. The Dean of Students or his/her designee is consulted if interim suspension is appropriate and/or there is a duty to warn in cases where there may be a physical threat to another individual associated with the University.

If a student admits to charges prior to a formal hearing, the appropriate conduct officer may impose sanctions. Students retain their appeal options and right to a review as detailed below.

For all student conduct cases, respondent students who fail to appear for conferences or hearings after receiving proper notice will have their cases decided in absentia.

Cases Involving Allegations of Discrimination or Sexual Misconduct (Also see Appendix C)

If staff member(s) determines at any point during the development of a case that the alleged misconduct is of a discriminatory or sexual nature, an initial evaluation will be done by the Student Conduct Administrator or his/her designee to determine if there is sufficient information that a policy may have been violated. If sufficient information exists, the respondent student is given written notice of the charge(s) and informed that a thorough investigation will be initiated.

In cases where the alleged misconduct is of a discriminatory or sexual nature, University investigators will review evidence and question witnesses to reach a finding of responsible or not responsible based on a preponderance of evidence. Investigators will share this finding with the Dean of Students or designee. The Dean of Students or designee will present the finding to the respondent and the complainant. If the finding is responsible, and the respondent student accepts the finding, the Dean of Students or designee will sanction the respondent student.

Both the complainant and/or the respondent may appeal the sanction if they are dissatisfied with the sanction. Please see #appeals.

If either the respondent student or the complainant disagrees with the finding, both have the right to a hearing with a Special Conduct Panel.  Requests for a hearing must be submitted to the Dean of Students or designee within three (3) business days of the date of the letter notifying both parties of the finding(s) from the investigation.

SPECIAL CONDUCT PANEL:

This panel will consist of specially appointed administrators from various University departments and may include no more than 2 trained students. The total number of the board will be 5 to 7 panelists. The procedural protections accorded to the respondent are the same as in other formal hearings and are noted below.

• The right to at least 2 days written notice of the hearing date and the specific charges against them, unless waived by the respondent.
• The right to request an extension in extenuating circumstances which must be proven by respondent student and upheld by the appropriate conduct officer.
• The right to produce evidence, call and question witnesses, and raise questions as to the procedure or remain silent.
• The right to be present at the hearing without academic action resulting from class absence.
• The right to have an advisor present.
• The right of access to an audio recording or written summary of the proceedings which will be made available at the student’s expense if requested at least 24 hours before the hearing.
• The right to appeal sanctions of suspension or expulsion, but not removal from university housing.
• The right to attend classes and have access to university facilities until the hearing process is completed. An exception may be made in the case of an interim suspension.

The Special Conduct Panel issues findings and recommends the sanction(s) to the Dean of Students or designee. The Dean of Students will make the final decision on the appropriate sanction(s).The decision will be shared with both respondent and complainant. The respondent may appeal the sanction at the next highest level. Complainant may also appeal the sanction at the next highest level. The final outcome will be shared with both complainant and respondent.

Prohibition against Retaliation

Anyone who, in good faith, reports what he/she believes to be sexual misconduct, discrimination or harassment, or who participates or cooperates in any investigation, should not be subjected to retaliation.  Anyone who believes he/she has been the victim of retaliation for reporting sexual misconduct, discrimination or harassment or participating or cooperating in an investigation should immediately contact the Dean of Students.  Any person found to have retaliated against a person who has participated or cooperated in an investigation will be in violation of policy and will be subject to disciplinary action.

Promptness of Investigation

The amount of time needed to conduct an investigation of sexual misconduct or other forms of discrimination will depend in part on the nature of the allegation(s) and the evidence to be investigated (e.g., the number and/or availability of witnesses involved). Within 60 days of receipt of complaint, the Dean of Students or designee will provide notice of the outcome of the investigation or will advise the parties of the additional estimated amount of time needed for the investigation.

 

Cases Involving Allegations Not Related to Discrimination or Sexual Misconduct

If staff members determine at any point during the development of a case that the alleged misconduct is not of a discriminatory or sexual nature, but may result in expulsion, suspension or removal from university housing, the student respondent shall be afforded the opportunity of a formal hearing. Students are given written notice of their charge(s) and are asked to meet to be apprised of the complaint, the nature of the evidence against them. During this meeting they shall be asked to plead responsible or not responsible to the charges. They will be informed of their hearing options and may choose from the following options:

INFORMAL STUDENT CONDUCT CONFERENCE: Conducted by the Student Conduct Administrator or another designated conduct officer. This is the default option for respondent students who waive their right to a formal hearing. Note, if the respondent student waives his or her ability to have a formal hearing and has an informal student conduct conference, the full range of sanctions authorized by the Student Conduct Code may be imposed, just as they may be in a formal hearing outcome. In complex or contested cases, the administrator may solicit the opinion of a conference panel to be appointed by the administrator.

Procedural Protections Accorded to the Respondent:

• Written notice of the charges prior to the scheduled conference.
• An explanation of the evidence against them.
• An opportunity to respond to evidence against them and to produce evidence on their behalf.
• The right to request an administrative review of their case at the next highest level if the sanction includes probation.

STUDENT CONDUCT BOARD (SCB) HEARING:

This board consists of 5 to 7 trained student justices and is chaired by the student judicial chair. This board recommends outcomes to the Dean of Students or a designee. An ad hoc board may be appointed by the Dean of Students or a designee when the SCB is unable to obtain a quorum or is otherwise unable to hear cases in a timely manner. Each ad hoc board shall be composed of at least 3 members, including at least one student. Ad hoc boards recommend outcomes to the Dean of Students or designee.

ADMINISTRATIVE HEARING:

The Dean of Students and/or designee conducts this hearing. The Dean or designee may solicit the opinion of a conference panel to be appointed by the Dean of Students or designee.

Procedural Protections Accorded to the Respondent in an SCB/Ad Hoc/Administrative Hearing:

• The right to at least 2 days written notice of the hearing date and the specific charges against them, unless waived by the respondent.
• The right to request an extension in extenuating circumstances which must be proven by the respondent student and upheld by the appropriate conduct officer.
• The right to produce evidence, call and question witnesses, and raise questions as to the procedure or remain silent.
• The right to be present at the hearing without academic action resulting from class absence.
• The right to have an advisor present.
• The right of access to an audio recording or written summary of the proceedings which will be made available at the student’s expense if requested at least 24 hours before the hearing.
• The right to appeal sanctions of removal from university housing, suspension or expulsion.
• The right to attend classes and have access to university facilities until the hearing process is completed. An exception may be made in the case of an interim suspension.

If a student fails to notify the Office of Student Conduct/Judicial Affairs of their hearing choice within 3 business days of the notice, the case will proceed with an Informal Student Conduct Conference. Students retain their appeal options if they are sanctioned with removal from university housing, suspension or expulsion in this forum.

Cases That Will Not Result in Expulsion, Suspension or Disciplinary Removal

All other cases that will not result in expulsion, suspension or removal from university housing shall be resolved through informal student conduct conferences. The informal student conduct conference and corresponding procedural protection is the same as outlined above.

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Hearing Procedures

The following procedural guidelines shall be applicable in all student conduct hearings:

(a) Unless waived by the student, respondents shall be given two days’ notice of their hearing date, with extensions possible in extenuating circumstances. They shall be apprised of the evidence and the names of the witnesses expected to be present.

(b) The Dean of Students or a designee may summon witnesses to appear at hearings. University students and employees are expected to comply with summons issued pursuant to this procedure, unless compliance would result in significant and unavoidable personal hardship or substantial interference with normal university activities.

(c) Respondents who fail to appear after proper notice will have their cases heard in absentia.

(d) The presiding officer shall exercise control over the hearing to avoid needless consumption of time and to prevent the harassment or intimidation of witnesses. Any person, including the defendant, who disrupts a hearing or who fails to adhere to the rulings of the presiding officer or conduct advisor may be excluded from the proceedings.

(e) Hearings may be recorded. If a recording is not made, the decision of the commission or board must include a summary of the testimony.

(f) Any party may challenge a commission/board/panel member on the grounds of personal bias. Members may be disqualified upon majority vote of the remaining members of the commission/board/panel, conducted by secret ballot, or by the Dean of Students or designee.

(g) Prospective witnesses, other than the complainant, the respondent and any university staff member who is responsible for the investigation of the case, may be excluded from the hearing during the testimony of other witnesses. All parties except commission/board/panel members and conduct advisors shall be excluded during deliberations of the commission/board/panel.

(h) Formal rules of evidence shall not be applicable in student conduct proceedings. The presiding officer shall admit into evidence any information or testimony deemed relevant to the proceeding. Unduly repetitious or irrelevant evidence may be excluded. Conduct case outcomes shall be based on a preponderance of all available evidence.

(i) Respondents and complainants shall be accorded an opportunity to question witnesses and to challenge evidence.

(j) Affidavits shall not be admitted into evidence unless signed by the affiant and witnessed by a university employee, or by a person approved by the Dean of Students or a designee.

(k) Student conduct advisors are staff members appointed by the Dean of Students or designee. They may comment on questions of procedure and admissibility of evidence and will otherwise assist in the conducting of hearings. Advisors will be accorded all the privileges of commission/board/panel members, but shall not vote. Advisors are responsible to the Dean of Students or designee and shall not be excluded from hearings or deliberations of the panel.

(l) A finding of responsible shall call for further deliberation to arrive at a recommendation regarding sanctions to be imposed. The student conduct record of the respondent shall be made available to the commission/board/panel only after a finding of responsible is made.

(m) Final decisions of all judicial commission/board/panels shall be by majority vote and shall be accompanied by a brief written opinion.

All findings are made based on a preponderance of evidence. Students who are found responsible for charges shall be notified in writing of their outcomes in the student conduct process.

 

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Sanctions

One or more of the following sanctions may be imposed for violations of the Student Conduct Code. This list is not exhaustive.

1. EXPULSION: Permanent separation of the student from the university. The student will be barred from university premises.

2. SUSPENSION: Separation of the student from the university for a specified period of time. The student shall not participate in any university sponsored activity and is barred from university premises for the time period.

3. INDEFINITE SUSPENSION: Separation of the student from the university for an indefinite period of time with two conditions: (1) the student may not return before a specified date and (2) readmission is not automatic. The student shall not participate in any university sponsored activity and is barred from university premises.

4. DEFERRED SUSPENSION: Suspension held in abeyance provided the student completes other sanctions including, but not limited to, community service and probation review meetings. Failure to abide by the terms of a deferred suspension will most likely result in immediate suspension.

5. DISMISSAL FROM UNIVERSITY HOUSING: Student is not permitted to live in university housing, usually for the duration of their academic careers.

6. CONDUCT PROBATION: Notice to the student that any further violations of university rules and regulations will likely result in suspension. Probation may also include the setting of restrictions on participation in university activities or entry into certain university facilities.

7. FORCED WITHDRAWAL: Withdrawal from the academic course within which an offense occurred without credit for the course.

8. CHANGE IN GRADE: Grade is changed with the concurrence of the instructor for the course in which an academic irregularity occurred.

9. COMMUNITY SERVICE: Student must complete a specified number of volunteer service hours with a reputable off campus organization or on campus department or organization.

10. RESTITUTION: The student is required to make payment to the university or to other persons or groups for damages incurred as a result of a violation of this code.

11. WARNING: Notice to the student that further misconduct may result in more severe disciplinary action.

12. OTHER SANCTIONS: Other sanctions may be imposed instead of or in addition to those specified above.

  • Assignment of educational projects including doing research, giving presentations and/or hosting programs.
  • Required counseling for stress management, anger management, substance use disorder, career development as related to the violation.
  • Restrictions upon driving privileges for violations involving the use or registration of motor vehicles.
  • Bans on certain locations on campus and/or university sponsored activities.

Georgia law and policies of the Board of Regents of the University System of Georgia specify that students convicted of felony offenses involving the manufacture, distribution, sale, possession or use of marijuana, controlled substances or other illegal or dangerous drugs shall forfeit academic credit and be suspended or permanently expelled from the university.

Repeated or aggravated violations of this conduct code may result in expulsion or suspension.

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Appeals

If student is found responsible for misconduct of a discriminatory or sexual nature, both the respondent and the complainant have the right to appeal only the sanction on the following grounds:

•The sanction imposed is inadequate or too severe for the violation

If a student is found responsible for misconduct that is not of a discriminatory or sexual nature, but results in a sanction of removal from university housing, suspension or expulsion, only the respondent may appeal the finding and/or the sanction on the following grounds:

• A violation of due process
• The evidence does not support a finding of responsible
• Prejudicial treatment by the original hearing body
• The sanction imposed is too severe for the violation
• New evidence has become available which was not available at the time of the hearing

All cases of student conduct violations follow the same appeal process stated below.

Requests for appeals must be submitted in writing (email is permissible) to the Vice President for Student Affairs and Enrollment Management within three (3) business days of the date of the letter notifying the appealing party of the original decision. Failure to appeal within the allotted time will render the original decision final and conclusive.

Written requests for appeals must be specific and detailed as to the nature and substance of the complaint and must clearly indicate what action is requested. The written request should specify the grounds for appeal.

The Vice President for Student Affairs and Enrollment Management shall consider the appeal and give a decision within five (5) business days. If the respondent or the complainant is dissatisfied with the decision of the vice president, he or she may request in writing that the president consider the appeal, but such a request must be made within two (2) business days or the vice president’s decision will be considered final and conclusive.

Within five (5) business days of receiving the appeal, the president will appoint a committee composed of three (3) members of the faculty of the institution or utilize the services of an appropriate existing committee. This committee will review all facts and circumstances connected to the case and within five (5) business days make a report of its findings to the president.

After consideration of the committee’s report, the president will within five (5) days make a decision which shall be final so far as the institution is concerned.

Should the respondent or complainant be dissatisfied with the president’s decision, written application may be made to the Board of Regents for a review of the decision. This application must be submitted within twenty (20) days following the decision of the president.

Additional information regarding procedures for appealing to the Board of Regents is available from the Dean of Students. The decision of the board shall be final and binding for all purposes.

All appeals shall be decided upon the record of the original proceedings, the written appeal submitted and any other briefs submitted by other participants. Cases will not be reheard on appeal.

Interim Suspension

The Dean of Students or a designee may suspend a student for an interim period pending disciplinary proceedings, such interim suspension to become immediately effective without prior notice, whenever there is evidence that the continued presence of the student on the campus poses a substantial threat to others or to the stability and continuance of normal university functions.

A student suspended on an interim basis shall be given an opportunity to appear personally before the Vice President for Student Affairs and Enrollment Management or a designee within five business days from the effective date of the interim suspension. The student must submit a request to appeal in writing to the Vice President for Student Affairs and Enrollment Management specifying the grounds on which they are appealing. A hearing shall then be held on the following issues only:

(a) the reliability of the information concerning the student's conduct;

(b) whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on the university campus poses a substantial threat to others or to the stability and continuance of normal university functions.

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Student Organizations

Student organizations may be charged with violations of the Student Conduct Code and the Conduct Code for Student Organizations. (The term organization means a number of people who have complied with university requirements for registration.) A student organization and its officers may be held collectively or individually responsible when violations of this code by those associated with the organization have received the tacit or overt consent or encouragement of the organization or of its leaders, officers, or spokespersons.

Individuals charged with conduct code violations arising out of their affiliation with student organizations shall have their cases settled according to the procedures outlined in this Student Conduct Code.

The officers or leaders or any identifiable spokespersons for a student organization may be directed by the Dean of Students or a designee to take appropriate action designed to prevent or end violations of this code by the organization or by any persons associated with the organization who can reasonably be said to be acting in its behalf. Failure to make reasonable efforts to comply with the Vice President's directive shall be considered a violation of this code, both by the officers, leaders or spokespersons for the organization and by the organization itself.

Matters concerning the conduct of student organizations shall be addressed according to procedures published by the Center for Student Involvement and distributed annually to all registered student organizations.

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