A.  Administrative Discipline Procedures
  1.   Hearing Authorities
    a.  University Discipline Officers
Staff members deemed appropriate have the authority to hear cases involving alleged violation(s) of the student code.  In addition to the staff members in the Office of Community and Ethical Standards, staff members may be the Associate Vice Presidents for Student Affairs, and Residence Life staff.

    b.  Administrative Hearing Board
The Dean of Students or his/her designee will serve as the chairperson of the Administrative Hearing Board for cases in which the contemplated sanction for an alleged violation may include eviction from University housing, suspension, or expulsion from the University. A student, a faculty member, and a staff member will also serve on the Administrative Hearing Board unless the student waives this option or extenuating circumstances occur. The chairperson shall exercise control over the hearing to prevent the harassment or intimidation of participants. 

  2.   The Office of Community and Ethical Standards
Upon receipt of an incident report, police report, or written complaint from the complainant, the Director, Associate Director, or their designees will review the report and initiate the following procedures in cases retained by the administration:

     a.  The student(s) will be contacted by a staff member via letter, telephone, or email to schedule an appointment for a discipline conference, when possible, to discuss the alleged violation(s) of student regulation(s) and the disciplinary process.

     b.  During the discipline conference, the student will be given an opportunity to review the
       information describing the alleged violation and respond to the allegations.

    c.  If the facts and/or sanctions concerning the alleged violation(s) can be agreed upon by the staff member and the referred student, a sanction(s) may be imposed and a case disposition form will be completed. 

    d.  If the facts and/or sanctions concerning the alleged violation(s) cannot be agreed upon by the staff member and the referred student, a sanction(s) may be imposed and a case disposition form will be completed.  If the contemplated sanction does not include eviction from University housing, suspension, or expulsion from the University:

1. The student(s) may plead no contest, have the staff member impose sanctions, and waive his/her right to an administrative hearing
or,
2. The student(s) may appeal to the student conduct code review committee.
    
    e.  In cases where the contemplated sanction(s) may include eviction from University housing, suspension or expulsion from the University and the facts and/or sanctions cannot be agreed upon, the staff member will provide the following options to the student(s)

    1.  The student(s) may plead no contest, have the staff member impose sanctions, and waive his/her right to an administrative hearing
     or,
     2.  The student may request a hearing before the Administrative Hearing Board so that a broader exploration of the facts and circumstances may occur.

    f.  If a referred student fails to appear at a scheduled discipline conference, an additional charge of Failure to Comply with Official Request will be added and the staff member may render a decision in the student’s absence.

B. Rights and Responsibilities of Referred Student

   1.   In investigating alleged violations of student regulations, University discipline officials, student judicial board members, or administrative hearing board members shall respect the right of individuals to remain silent.

  2.  Pending action on alleged violations of University regulations or pending final disposition of any appeal, the status of a student shall not be altered, nor shall the right to be present on the campus to attend classes be suspended, except when an interim suspension has been imposed.

  3. Students who are alleged to violate public law may have also violated a student regulation and will be subject to dual jurisdiction, which means the University can process a student’s case separate from any action taken by the criminal justice system.

  4.   In cases of alleged violations of student regulations, students are required to meet with a University discipline official, the student judicial board, or an administrative hearing board to facilitate the resolution of the case.  Prior cases of discipline can not be used against a student in determining whether the action is a violation of a student regulation, however, prior discipline can be used in determining the sanction if found in violation of a student regulation.  Failure to meet with a University official will result in an additional charge of Failure to Comply with Official Request and may result in forfeiture of certain procedural rights.

  5.   A University discipline official shall inform students in writing of the reasons for any proposed disciplinary action in sufficient time to insure that the student has an opportunity to prepare for a hearing, if applicable.

  6.   To assist in preparing for a disciplinary hearing and to assist the student at such a
hearing, a student may choose one advisor.  This advisor may be a member of the University staff or student body or other individual of the student’s choosing.  The advisor’s role is limited to communicating directly with the student, and the advisor may not directly participate in the hearing or ask questions of the student or witnesses. 

  7.   The student is responsible for contacting any witnesses on his/her behalf.