200.020 Rules of Procedures in Student or Student Organization Conduct Matters

Bd. Min. 11-8-68, Amended Bd. Min. 3-20-81; Bd. Min. 12-8-89; Amended 5-19-94; Bd. Min. 5-24-01; Bd. Min. 7-27-12, 6-19-14; Revised 9-22-14 by Executive Order 41; Revised 11-3-15 by Executive Order 41; Amended 2-9-17; Bd. Min. 9-24-20; Amended 6-29-23.

Preamble. The following rules of procedure in student or student organization conduct matters are hereby adopted in order to ensure insofar as possible and practicable (a) that the requirements of procedural due process in student conduct proceedings will be fulfilled by the University, (b) that the immediate effectiveness of Section 10.030, which is Article VI of the Bylaws of the Board of Curators relating to student conduct and sanctions may be secured for all students in the University of è��app, and (c) that procedures shall be definite and determinable within the University of è��app. Student or student organization conduct involving discrimination and harassment, including sexual harassment is governed by Section 600.030: Resolution Process for Resolving Complaints of Sexual Harassment under Title IX, and Section 600.040: Equity Resolution Process for Resolving Complaints of Discrimination and Harassment against a Faculty Member or Student or Student Organization.

The student conduct process, which is governed by these rules of procedure, is further intended to implement Section 200.010 Standard of Conduct in a manner that supports the University’s mission as an educational institution and protects the University’s educational environment. To the extent consistent with those goals, the student conduct process is intended to be a feature of an educational experience for the students involved, with a range of responses that may include educational responses, remedies or sanctions that will help students recognize the impact of their conduct for themselves and on the broader community and advance their academic and personal development.

The provisions of the Standard of Conduct, these Rules of Procedure, and any University policies concerning student conduct do not create any rights, expressly or by implication, in, for, or on behalf of any person or entity other than students and other members of the University community who are governed by such rules.
Definitions. As used in these rules, the following definitions shall apply:
1. Primary Administrative Officers. As used in these procedures, the Chief Student Affairs Administrator on each campus shall appoint the Primary Administrative Officer except in cases of academic dishonesty, where the Chief Academic Administrator is the Primary Administrative Officer. Each Primary Administrative Officer may appoint designee(s) who are responsible for the administration of these conduct procedures, provided all such appointments are made in writing and filed with the Chancellor of the campus and the Office of General Counsel. The Primary Administrator's Office will certify in writing that the given designee has been trained in the administration of student conduct matters.
2. Student Panelist Pool. The student panelist pool is a panel of students appointed by the Chief Student Affairs Administrator, who may participate on the Student Conduct Committee. Specifically, if requested by the accused student or student organization, the Chair of the Student Conduct Committee shall select not more than three students from the Student Panelist Pool to serve as members on the Student Conduct Committee, or not more than two students to serve as members on a Hearing Panel.
3. Student. A person having once been admitted to the University who has not completed a course of study and who intends to or does continue a course of study in or through one of the Universities of the University System. For the purpose of these rules, student status continues whether or not the University's academic programs are in session.
4. Student Organization. A recognized student organization which has received official approval in accordance with Section 250.010 of the Collected Rules and Regulations. Three members of the organization may represent the student organization in all proceedings. The registered faculty/staff adviser may be present, but may not act on behalf of the student organization. The organization may utilize an attorney in all proceedings as it chooses, subject to other provisions in this rule. Each student organization shall designate, and such designation shall be on file with the University, the individual who will receive all notices, findings, determinations and decisions on behalf of the student organization. If the student organization fails to have a designation on file with the University, the President of the organization is the default designee. The registered faculty/staff adviser will also be sent a courtesy copy of all notices, findings, determinations and decisions.
5. Student Conduct Committee. As used in these procedures, "Student Conduct Committee," hereinafter referred to as the Committee, is that body on each campus which is authorized to conduct hearings and to make dispositions under these procedures or a Hearing Panel of such body as herein defined.
6. Hearing Panel. As used in these procedures, the term "hearing panel" refers to the part of the Student Conduct Committee described in Section 200.020.E.4 below.
7. Party or Parties. The term “Party” or “Parties” refers to accused students or student organization and the Primary Administrative Officer in the context of formal procedure and disposition.
Sanctions.
1. The following sanctions, when applicable, may be imposed upon any student or student organization found to have violated the Standard of Conduct. More than one of the sanctions may be imposed for any single violation. Sanctions include but are not limited to:
  1. Warning. A notice in writing to the student or student organization that there is or has been a violation of the institutional regulations.
  2. Probation. A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe sanctions if the student or student organization is found to be violating any institutional regulation(s) during the probationary period.
  3. Loss of Privileges. Denial of specified privileges of the student or student organization for a designated period of time.
  4. Restitution. Compensation by the student or student organization for loss, damage, or injury to the University or University property. This may take the form of appropriate service and/or monetary or material replacement.
  5. Discretionary Sanctions. Work assignments, service to the University or community, or other related discretionary assignments, or completion of educational programming or counseling.
  6. University System Housing Suspension. Separation of the student or student organization from University owned or operated housing for a definite period of time, after which the student or student organization is eligible to return. Conditions for readmission may be specified.
  7. University System Housing Expulsion. Permanent separation of the student or student organization from University owned or operated housing.
  8. University System Dismissal. An involuntary separation of the student from the University System for misconduct. It is less than permanent in nature and does not imply or state a minimum separation time.
  9. Campus Suspension. A student is suspended from being allowed on a specific University campus for a definite period of time. Logistical modifications consistent with the sanction imposed, may be granted at the discretion of the Chief Student Affairs Administrator (or Designee) of that campus. Conditions for readmission may be specified.
  10. University System Suspension. Separation of the student from the University System for a definite period of time, after which the student is eligible to return. Logistical modifications consistent with the sanction imposed, may be granted at the discretion of the Chief Student Affairs Administrator (or Designee) of the campus where the modifications would apply. Conditions for readmission may be specified.
  11. University System Expulsion. Permanent separation of the student from the University System.
  12. Withdrawal of Recognition. Student organization loses its official approval as a recognized student organization. May be either temporary or permanent. Conditions for future approval may be specified.
2. The sanctions listed above shall be imposed in a manner that is reasonably proportionate to the violation in question, with consideration given to the severity of the violation, culpability of those involved, past dispositions in similar cases, and other factors as appropriate.
3. Temporary Action for a Student. The Chancellor or Designee may at any time temporarily suspend, deny readmission to, or place conditions on the attendance or participation of a student, effective immediately, pending formal procedures when the Chancellor or Designee finds and believes from available information that the student’s continued attendance or participation would seriously disrupt the University operations or constitute a danger to the health, safety, or welfare of members of the University community. The Chancellor or Designee will give the student notice of such temporary action and the detailed reason for it in the same manner as for a Notice of Hearing described in these Rules of Procedure. Notice shall be deemed delivered in the same manner as a Notice of Hearing. Within five (5) business days of delivery of the notice, the student may submit a written response requesting reconsideration and/or modification of the temporary action. The time for submitting such written response may be extended upon written request at the discretion of the Chancellor or Designee for good cause. After due consideration of the response and all relevant circumstances, the Chancellor or Designee will sustain, remove, or modify the temporary action and notify the student of that decision. The appropriate procedure to determine the future status of the student will be initiated within seven (7) business days from the date the temporary action is taken.
4. Temporary Action for a Student Organization. The Chancellor or Designee may at any time temporarily suspend or place conditions on the student organization’s University recognition, access to and use of the University campus/facilities/events and/or all other University activities or privileges for which the student organization might otherwise be eligible, effective immediately, pending formal procedures when the Chancellor or Designee finds and believes from available information that the student organization’s continued recognition, access, or use would seriously disrupt the University or constitute a danger to the health, safety, or welfare of members of the University community. The Chancellor or Designee will give the student organization notice of such temporary action and the detailed reason for it in the same manner as for a Notice of Hearing described in these Rules of Procedure. Notice shall be deemed delivered in the same manner as a Notice of Hearing. Within five (5) business days of delivery of the notice, the student organization may submit a written response requesting reconsideration and/or modification of the temporary action. The time for submitting such written response may be extended upon written request at the discretion of the Chancellor or Designee for good cause. After due consideration of the response and all relevant circumstances, the Chancellor or Designee will sustain, remove, or modify the temporary action and notify the student organization of that decision. The appropriate procedure to determine the future status of the student organization will be initiated within seven (7) business days from the date the temporary action is taken.
Records Retention. Student conduct records shall be maintained in accordance with applicable University rules and records retention policies.
Policy and Procedures.
1. General Policies and Rights.
  1. Standard of proof and presumption of non-responsibility. A student or student organization is presumed not responsible for any alleged violation of the Standard of Conduct until a determination regarding responsibility is made at the conclusion of the student conduct process. The standard of proof will be “preponderance of the evidence,” defined as determining whether evidence shows it is more likely than not that a violation occurred. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the University.
  2. Other proceedings. Students may potentially be held accountable through the University’s student conduct process and other educational operations, as well as through other systems, such as the criminal justice system, civil litigation, or proceedings of various regulatory agencies or outside non-governmental organizations. The University’s student conduct process is separate from other systems, and action under the University’s student conduct process may occur before, during or after any proceedings through other systems. The University’s student conduct process, including any hearing, is not a criminal or judicial proceeding and is designed to address student conduct in an educational context; therefore, alleged violations of the Standard of Conduct will be addressed independently of any outcome or proceedings in other non-University systems.
  3. General rights of students and student organizations involved in the student conduct process.
    
    (1) To be treated with respect by university officials;
    (2) To be free from retaliation;
    (3) To have access to university support resources (such as counseling and mental health services and University health services);
    (4) To receive timely detailed written notice of any charges against them and the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings;
    (5) To have an adviser of the student’s or organization’s choice, who may be, but is not required to be, an attorney, accompany the student or organization’s representatives to all interviews, meetings, hearings and proceedings throughout the conduct process;
    (6) To refuse to have an allegation resolved through informal disposition without prejudice;
    (7) Not to present self-incriminating information;
    (8) To remain silent, with such silence not considered as evidence supporting a finding of a violation;
    (9) To receive written notice of any delay of the process or limited extension of time frames; and
    (10) Not to be subject to charges under these procedures if in a prior proceeding the student or student organization has received a notice of proposed informal disposition or notice of hearing under these rules regarding the same incident of alleged misconduct.
  4. Responsible action in emergencies. The University encourages students to take responsible action in emergency situations, even if prohibited conduct may have occurred in conjunction with such an emergency.
    
    (1) Examples of such responsible action include:
    
    (a) Immediately alerting appropriate officials (e.g., calling 911) of the emergency, including providing the student’s own name and the location and description of the emergency;
    (b) Remaining at the scene of the emergency, so long as it is safe to do so; and
    (c) Cooperating with emergency officials.
    
    (2) Decision makers acting under these rules of procedure will favorably consider the positive impact of taking responsible action in an emergency situation when determining the appropriate response to any alleged prohibited conduct by a student or student organization that may have occurred in conjunction with the emergency situation. This may include implementing educational responses or remedies other than conduct proceedings or reduced sanctions. Further, the University will not use statements made by a student in the course of immediately reporting an emergency situation to appropriate authorities as evidence to support a finding of a violation of the Standard of Conduct by the reporting student or a student organization of which the student is a member.
    (3) Failure to take responsible actions in an emergency situation may be considered an aggravating factor in determining sanctions for prohibited conduct.
    (4) Students who are acting in capacities as student workers or student volunteers are encouraged to follow applicable policies or training they have received from the university in addressing any emergency situation.
  5. Confidentiality. The University must keep confidential the identity of any student who has made a report of alleged prohibited conduct, any student or student organization that has been accused or is otherwise suspected of prohibited conduct, and any witness, except as may be permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of applicable law, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder. The University will not prevent any review or copying of law enforcement records that is allowed by law.
  6. Processing fee. As approved and modified by the Chancellor from time to time, each campus may adopt a processing fee not to exceed $300 to be charged to any student or student organization found responsible for prohibited conduct to defray costs of the student conduct process. Such fee may be set at different levels for student organizations than for individual students, but shall not otherwise vary by organization or individual.
2. Preliminary Procedures. The Primary Administrative Officer or Designee (hereafter “Primary Administrative Officer”) is responsible for application and interpretation of the Standard of Conduct and determining appropriate approaches to implement it. Upon receiving a report of or otherwise becoming aware of potential misconduct, the Primary Administrative Officer will devise and implement an educational response on how to proceed based on relevant factors, including but not limited to the severity of the potential misconduct; health, safety, or welfare of the student and members of the University community; and impact on members of the University community and the educational environment.
  1. Alternative resolutions. At any point in the process, the Primary Administrative Officer may work with students involved under the circumstances to explore alternative educational solutions or remedies or other alternative resolutions in lieu of formal conduct procedures, findings of responsibility or possible sanctions. Informal negotiated resolutions without necessity of a hearing are encouraged and statements made by a student or student organization or their adviser during such negotiations shall not be used against the student or student organization in later hearings. A student or student organization may refuse to participate in alternative educational solutions or remedies or other alternative resolutions and in the event of such refusal, the matter will be addressed under these Rules of Procedure.
  2. Investigation; Consultations. The Primary Administrative Officer shall investigate any student or student organization misconduct before initiating formal conduct procedures and give the student or student organization the opportunity to present a personal or organizational version of the incident or occurrence. The Primary Administrative Officer shall utilize the preponderance of the evidence standard in deciding whether or not to initiate formal conduct procedures and in deciding whether or not to offer an informal disposition in accordance with Section 200.020.E.2 below. The Primary Administrative Officer may discuss with any student or student organization such alleged misconduct and the student or student organization shall attend such consultation as directed by the Primary Administrative Officer. If directing attendance at a consultation, the Primary Administrative Officer will inform the student or student organization of the right to have an adviser attend and participate. Parties involved in the student conduct process are not prohibited from discussing the allegations under investigation or from gathering and presenting relevant evidence. Parties may present witnesses and other inculpatory and exculpatory evidence so long as such evidence is relevant.
  3. Use of Non-Binding Student Courts, Etc. The Primary Administrative Officer, in making an investigation and informal disposition, may choose to utilize student courts and boards and/or divisional deans to make non- binding recommendations to the Primary Administrative Officer. In that event, the Primary Administrative Officer shall notify the student or student organization of the identity and contact information of the student court, board, or divisional dean from which a recommendation is being sought. Such notification also shall inform the student or student organization that participation in any proceeding before the student court, board, or divisional dean is voluntary on the part of the student or student organization and that any resulting recommendation is non-binding. There will be no adverse consequence or inference from declining to participate in any proceeding before the student court, board, or divisional dean. Neither the choice to decline to participate nor the recommendation of the student court, board, or divisional dean will be shared with the Committee in connection with any subsequent hearing.
  4. Departure from University During Process. Should a student decide to leave the University and not participate in the investigation or other steps of the student conduct process without signing a Voluntary Permanent Separation and General Release Agreement and without the approval of the Primary Administrative Officer, the Primary Administrative Officer may place a hold up on the student’s readmission and the student will not be permitted to return to the University System until the student conduct process is completed with respect to the potential prohibited conduct. Should a student organization decide to abandon recognition by the University and not participate in the investigation or other steps of the student conduct process, the Primary Administrative Officer may direct that the student organization may not be granted recognition in the future until the student conduct process is completed with respect to the potential prohibited conduct.
3. Informal Dispositions. The Primary Administrative Officer shall have the authority to propose an informal disposition consisting of a preliminary determination and proposed appropriate remedies and/or sanctions. The Primary Administrative officer shall provide written notice of the proposed informal disposition. The notice shall inform the student or student organization that the failure to reject the proposed informal disposition within ten (10) business days may be considered as acceptance. If the student or student organization fails to submit a rejection to the Primary Administrative Officer within ten (10) business days, the proposed informal disposition shall become final. The time for rejecting the informal disposition may be extended upon written request at the discretion of the Primary Administrative Officer for good cause. If the student or student organization rejects informal disposition it must be in writing and shall be forwarded to the Committee. The Primary Administrative Officer may refer cases to the Committee without first offering informal disposition.
4. Formal Procedure and Disposition.
  1. Student Conduct Committee:
    
    (1) The Committee shall be appointed by the Chief Student Affairs Administrator and shall have the authority to impose appropriate sanctions upon any accused student or students or student organization appearing before it.
    (2) When deemed appropriate or convenient by the Chair of the Committee, the Chair may divide the Committee into Hearing Panels each consisting of no less than five (5) Committee members of which no more than two (2) shall be students. If the Chair creates such Hearing Panels, the Chair of the Committee shall designate a Hearing Panel Chair. A Hearing Panel has the authority of the whole Committee in those cases assigned to it. The Chair of the Committee or a Hearing Panel Chair shall count as one member of the Committee or Hearing Panel and have the same rights as other members.
    (3) The Chief Student Affairs Administrator shall appoint a panel of students, to be known as the Student Panelist Pool. Upon written request of an accused student or the student organization designee before the Committee made at least seventy-two (72) hours prior to the hearing, the Chair of the Committee shall appoint from the Student Panelist Pool not more than three students to sit with the Committee or the Hearing Panel Chair shall appoint two students to sit with the Hearing Panel for that particular case. When students from the Student Panelist Pool serve as members of the Committee or as members of the Hearing Panel, they shall have the same rights as other members of the Committee or Hearing Panel.
    (4) The Chief Student Affairs Administrator shall ensure that members of the Committee and Student Panelist Pool receive training on the Standard of Conduct and these Rules of Procedure. Members of the Committee and Student Panelist Pool will be removed if they fail to satisfy training requirements, as determined by the Chief Student Affairs Administrator.
    (5) Hearing Panel members, including the chair, or other Student Conduct Committee members who are to participate in the hearing of a case shall not have a conflict of interest with respect to or bias for or against accused students or student organizations generally, or for or against any Party, individual who reported alleged prohibited conduct, or Party affected by the alleged prohibited conduct. If such a member identifies a conflict of interest or bias, or otherwise cannot make an objective determination, the member must recuse from the proceedings in advance of the hearing.
    (6) The accused student or student organization will have been given the names of the Committee or Hearing Panel members and Chair who will hear the case in the Notice of Hearing. Should any accused student or student organization object to any member or chair, they must raise all objections, in writing, to the Chief Student Affairs Administrator no later than five (5) business days prior to the hearing unless, for good cause, the Chief Student Affairs Administrator allows objections to be raised later. Such objection shall be confidential and shall not be disclosed to the Committee or Hearing Panel. A member may be unseated by the Chief Student Affairs Administrator for good cause. Good cause may include, but is not limited to, bias that would preclude an impartial hearing or circumstances in which the member’s or chair’s involvement could impact the accused student’s work or learning environment due to current or potential interactions with the member or chair (e.g., a panel member serving as an instructor or adviser to the accused student or student organization). If the Chief Student Affairs Administrator determines that a member or chair should be replaced, the Chief Student Affairs Administrator will select a replacement from the Student Conduct Committee. The Chief Student Affairs Administrator will provide a written response to all Parties addressing any objections to a member or chair.
  2. General Statement of Procedures. A student or student organization accused of violating the Student Conduct Code is entitled to a written notice of the specific charges at issue and a formal hearing unless the matter is disposed of under the rules for informal disposition. Student conduct proceedings serve educational purposes identified in the Standard of Conduct and these Rules of Procedure and are not to be construed as judicial trials. Formal rules of evidence and civil procedure do not apply; but care shall be taken to comply as fully as possible with the spirit and intent of the procedural safeguards set forth in these Rules of Procedure. For formal hearing dispositions, decisions on responsibility for conduct violations must be based on relevant information submitted at the hearing, and any relevant information provided to the hearing panel in advance of the hearing with notice to the accused student or student organization and the Primary Administrative Office and the opportunity for the Parties to respond to such information. The Office of the General Counsel shall be legal adviser to the Committee and the Primary Administrative Officer, but the same attorney from the Office of the General Counsel shall not perform both roles with regard to the same case and attorneys from the Office of the General Counsel performing distinct roles on the same case will not discuss the merits of the case with one another.
  3. Notice of Hearing. At least twenty (20) business days prior to the Student Conduct Committee Hearing, or as far in advance as is reasonably possible if an accelerated resolution process is scheduled with the consent of the accused student or student organization, the Primary Administrative Officer will send a letter to the accused student or student organization (or to the student or student organization’s adviser if requested by the student or student organization) with the following information:
    
    (1) A detailed description of the alleged conduct at issue and applicable policies, rules, or regulations alleged to be violated;
    (2) A description of the applicable procedures, including right to have an adviser, who may be, but is not required to be, an attorney;
    (3) A statement of the potential sanctions/remedial actions that could result;
    (4) A statement notifying the student or student organization that they will be permitted to inspect, copy, and review any evidence obtained as part of the investigation that is directly related to the allegations to be addressed at the hearing, including the evidence upon which the University does not intend to rely in reaching a determination regarding responsibility and including inculpatory or exculpatory evidence;
    (5) A statement notifying the Parties that they must be truthful when making any statement or providing any information or evidence to the University throughout the student conduct process, and all documentary evidence must be genuine and accurate;
    (6) A statement that nothing in these procedures is intended to alter any rights the individual may have under applicable state or federal statutory laws or the U.S. Constitution;
    (7) The names of the Committee or Hearing Panel members and Chair who will hear the case, and information on how to raise an objection to any member or chair and the timeline in which to raise any objections; and
    (8) The time, date and location of the hearing. If any Party does not appear at the hearing, the hearing will be held in their absence.
    
    This Notice of Hearing letter will be made in writing and will be delivered either: 1) in person, 2) by email only to the Party’s University-issued email account if the Party has consented electronically or in writing to receipt of all notifications by email; or 3) mailed to the mailing address of the respective Party as indicated in the official University records and emailed to the Party’s University-issued email account. If there is no local address on file, mail will be sent to the Party’s permanent address. Notice also shall be mailed and emailed to the Party’s adviser, if an adviser has been identified by the Party.
    
    Notice is presumptively deemed delivered, when: 1) provided in person or 2) emailed to the Party (when prior consent - whether electronically or in writing - has been given to receipt of all notifications by email or 3) when mailed and emailed to the Party and the Party’s adviser, if an adviser has been identified by the Party.
    
    Any request to reschedule the hearing shall be made in writing to the Chair, who shall have the authority to reschedule the hearing if the request is timely and made for good cause. The Chair shall notify the Primary Administrative Officer and the accused student or student organization of the new date for the hearing. If the accused student or student organization fails to appear at the scheduled time, the Committee may hear and determine the matter.
5. Right to Petition for Review.
  1. Except in cases where a right of appeal applies, the Primary Administrative Officer or the accused student or student organization may petition the Chancellor or Designee in writing for a review of the decision within ten (10) business days after written notification. A copy of the Petition for Review must also be served upon the non-appealing Party or Parties within such time. The Petition for Review must state the grounds for review in detail, and the non-appealing Party or Parties may answer the petition within ten (10) business days. Upon written request, the Chancellor or Designee may extend the time for petition or answer for good cause.
  2. The Chancellor or Designee may review or refuse to review the decision. In all cases where the Petition for Review is refused, the action of the Committee shall be final. If review is granted, the Chancellor or Designee may affirm, reverse or modify the decision, or remand the case for further proceedings. The action of the Chancellor or Designee after review shall be final unless it is to remand the matter for further proceedings.
6. Right of Appeal (involving issues of University expulsion, University dismissal, University suspension or Withdrawal of Recognition only).
  1. When an accused student is expelled, dismissed, or suspended from the University or when a student organization has its recognition withdrawn, either temporarily or permanently, by the Committee or when such sanctions have been expressly requested by the Primary Administrative Officer and refused by the Committee, the Primary Administrative Officer or the accused student or student organization may appeal such decision to the Chancellor by filing written notice of appeal stating the grounds for appeal in detail with the Chancellor within ten (10) business days after notification of the decision of the Committee. The appealing Party may file a written memorandum for consideration by the Chancellor with the Notice of Appeal. A copy of the Notice of Appeal and any memorandum must also be served upon the non-appealing Party or Parties within such time, and any other Party may submit a reply to such memorandum within ten (10) business days. Upon written request, the Chancellor or Designee may extend the time for appeal or reply for good cause.
  2. The Chancellor shall review the record of the case and the appeal documents and may affirm, reverse or modify the decision, or remand the case for further proceedings. The Chancellor shall notify the accused student or student organization in writing of the decision on the appeal. The action of the Chancellor shall be final unless it is to remand the matter for further proceedings.
7. Grounds for Review or Appeal. Grounds for appeals are limited to the following:
  1. A material deviation from established procedures that affected the outcome of the matter;
  2. To consider new evidence that was not reasonably available at the time the decision was made that could affect the outcome of the matter;
  3. The Committee members or Student Panelists demonstrated a conflict of interest or bias against students or student organizations generally or against the particular student or student organization that affected the outcome of the case; and/or
  4. The sanctions fall outside the range typically imposed for this offense, or for the cumulative conduct record of the student or student organization.
  Review or appeal is not intended to be a full rehearing of the case and is therefore deferential to the original findings. In most cases, appeals are confined to a review of the written documentation and Record of the Case, and relevant documentation regarding the grounds for review or appeal. A review or appeal granted based on new evidence should normally be remanded to the original decision- maker for reconsideration. The Chancellor or Designee will normally render a written decision, with an explanation of reasons, on the review or appeal to all Parties within ten (10) business days after receiving the answer or reply, or after the deadline for answer or reply has passed without a submission being made. In the event the Chancellor or Designee is unable to render a written decision within ten (10) business days, the Chancellor or Designee will promptly notify the Parties in writing of the delay. Once a review or appeal is decided, the outcome is final. Further appeals and grievances are not permitted.
8. Status During Appeal.
  1. In cases of suspension, dismissal, or expulsion where a Notice of Appeal is filed within the required time, a student may petition the Chancellor in writing for permission to attend classes pending final determination of appeal. The Chancellor may permit a student to continue in school under such conditions as may be designated pending completion of appellate procedures, provided such continuance will not seriously disrupt the University or constitute a danger to the health, safety, or welfare of members of the University community. In such event, however, any final sanctions imposed shall be effective from the date of the action of the Committee.
  2. In cases of withdrawal of recognition where a Notice of Appeal is filed within a required time, a student organization may petition the Chancellor in writing to stay the withdrawal of recognition while the appeal is pending. The Chancellor may stay the withdrawal of recognition under such conditions as may be designated pending completion of appellate procedures, provided such continuance will not seriously disrupt the University or constitute a danger to the health, safety, or welfare of members of the University community.
9. Student Honor System. Forums under the student honor systems established for investigating facts, holding hearings, and recommending and imposing sanctions are authorized when the student honor code or other regulations containing well defined jurisdictional statements and satisfying the requirements of Article VI of the Bylaws of the Board of Curators, Section 10.030, and notice thereof in writing has been furnished to students subject thereto. Though the student honor system has jurisdiction, together with procedures set forth therein, instead of the Primary Administrative Officer, the standard of conduct called for in any such student honor system shall be deemed to contain at a minimum the same standards set forth in Section 200.010, entitled Standards of Conduct. Procedures shall satisfy the requirements of Article VI of the Board of Curators' Bylaws, Section 10.030, and shall contain procedures herein before stated insofar as appropriate and adaptable to the particular situation. Before it can be implemented, a student honor system and any amendment to a student honor system must be approved as provided herein. A proposed student honor system or amendment must be approved by the applicable dean, then the Chancellor, and then the Office of the General Counsel. After such approvals, the proposed student honor system or amendment must be submitted to the Board of Curators for approval. Students subject to student honor systems shall have the rights of appeal as set forth in Section 200.020.E.6.
Hearing Procedures.
1. Pre-Hearing Disclosures.
  1. Primary Administrative Officer’s Disclosure. At least ten (10) business days prior to the hearing, the Primary Administrative Officer will provide the accused student or student organization, the student’s or organization's adviser if an adviser has been identified by the student or organization, and the Chair:
    
    (1) An investigative report that fairly summarizes the relevant evidence in an electronic format or hard copy for their review and any written response as described below;
    (2) A list of the names of the proposed witnesses to be called by the Primary Administrative Officer;
    (3) Copies of all proposed documentary, photographic, video, or audio evidence;
    (4) Notification that all of the evidence gathered in the course of the investigation that is directly related to the allegations to be addressed at the hearing is available to the student or student organization and instructions regarding how to request access to that information, which shall include evidence upon which the University does not intend to rely in reaching a determination regarding responsibility and including inculpatory or exculpatory evidence;
    
    1. If any evidence that otherwise would have been subject to inclusion in the notice is received after the notice is issued, such evidence will be provided to the accused student or student organization as soon as practicable before the hearing date; and
    
    (5) Notice that the Parties may request a virtual hearing and/or any necessary accommodations.
  2. Student or Student Organization’s Disclosure. At least five (5) business days prior to the hearing, the accused student or student organization will provide to the Primary Administrative Officer and the Chair:
    
    (1) Any written response to the investigative report that the student or student organization may wish to submit;
    (2) A list of the names of proposed witnesses to be called by the student or student organization and the name of any adviser who will be attending; and
    (3) Copies of all proposed documentary, video, or audio evidence.
  3. Rebuttal Disclosure. If the Primary Administrative Officer identifies rebuttal witnesses or evidence to be called or submitted, the Primary Administrative Officer shall provide notice of such witnesses or evidence to the accused student or student organization at least two (2) business days before the hearing.
2. Request for Alternative Attendance or Questioning Mechanisms. The Chair, in consultation with and by agreement of the Parties, may decide in advance of the hearing that certain witnesses do not need to be physically present if their testimony can be adequately summarized in the investigative report or during the hearing. All Parties will have ample opportunity to present facts and arguments in full and question and cross examine all present witnesses during the hearing. All Parties shall have the right to have an adviser, who may be, but is not required to be, an attorney, participate in the hearing.
  All hearings will be live (in person or virtually). However, at the request of either Party, or by the University’s designation, the live hearing may occur with the Parties located in separate rooms with technology enabling the Committee, the Parties and their advisers to simultaneously see and hear the Party or the witness answering questions. Should any hearing take place in this manner, the Chief Student Affairs Administrator or Designee shall be in charge of the technology during the hearing. The University will make reasonable accommodations for the Parties in keeping with the principles of equity and fairness. Such witnesses, however, shall still be subject to cross-examination.
3. Conduct of Hearing. The Chair shall preside at the hearing, call the hearing to order, call the roll of the Committee in attendance, ascertain the presence or absence of the student or representatives of the student organization accused of misconduct, verify the receipt of notices of hearing by the student or student organization, report any continuances requested or granted, establish the presence of any adviser of the student or student organization (who may be, but is not required to be, an attorney) and the registered faculty/staff adviser of the student organization, and call to the attention of the accused student or student organization and the adviser any special or extraordinary procedures to be employed during the hearing and permit the student or student organization to make suggestions regarding or objections to any procedures for the Committee to consider.
  1. Opening Statements.
    
    (1) The Primary Administrative Officer shall make opening remarks outlining the general nature of the case.
    (2) The accused student or student organization or adviser may make a statement to the Committee about the charge at this time or at the conclusion of the University's presentation.
  2. University Evidence.
    
    (1) The Primary Administrative Officer may state any facts the investigation has revealed. University witnesses are to be called and identified or written reports of evidence introduced as appropriate. The Committee or Panel may not rely on information in a report provided by a witness whose identity has not been disclosed to the accused Party.
    (2) The Committee may question witnesses at any time.
    (3) The accused student or student organization or the adviser may question and cross examine witnesses or examine evidence at the conclusion of the University's presentation.
  3. Accused Student or Student Organization Evidence.
    
    (1) If the accused student or student organization has not elected to make a statement earlier under a.(2) above, the accused student or student organization or adviser shall have the opportunity to make a statement to the Committee about the charge.
    (2) The accused student or student organization may present evidence through witnesses or in the form of written memoranda.
    (3) The Committee or Hearing Panel may question the accused student or representatives of the accused student organization or witnesses at any time. The Primary Administrative Officer may question the accused student or witnesses. Provided, however, that the accused student or student organization retains the right to remain silent and such silence shall not be considered as evidence supporting a finding of a violation.
  4. Rebuttal Evidence. The Committee may permit the University or the accused student or student organization or adviser to offer a rebuttal of the others' presentation(s).
  5. Rights of Student Conduct Committee. The Committee shall have the right to:
    
    (1) Hear together cases involving more than one student or more than one student organization which arise out of the same transaction or occurrence, but in that event shall make separate findings and determinations for each student or student organization;
    (2) Permit a stipulation of facts by the Primary Administrative Officer and the student or student organization involved;
    (3) Permit the incorporation in the record by reference of any documentation, produced and desired in the record by the University or the accused, provided the other Party has had an opportunity to review and respond to the documentation;
    (4) Question witnesses or challenge other evidence introduced by either the University or the student or student organization at any time;
    (5) Hear from the Primary Administrative Officer about dispositions made in similar cases and any dispositions offered to the accused student or student organization appearing before the Committee;
    (6) Call additional witnesses or require additional investigation;
    (7) Dismiss any action at any time or permit informal disposition as otherwise provided;
    (8) Permit or require at any time amendment of the Notice of Hearing to include new or additional matters which may come to the attention of the Committee before final determination of the case; provided, however, that in such event the Committee shall grant to the student or student organization or Primary Administrative Officer such time as the Committee may determine reasonable under the circumstances to answer or explain such additional matters;
    (9) Dismiss any person from the hearing who interferes with or obstructs the hearing or fails to abide by the rulings of the Chair of the Committee; and
    (10) Suspend summarily students from the University who, during the hearing, obstruct or interfere with the course of the hearing or persistently fail to abide by the ruling of the Chair of the Committee on any procedural question or request of the Chair for order.
  6. Communications. The Committee shall avoid communication with either Party or their advisers regarding the merits of a pending case prior to the hearing without the other Party or its adviser included. Communications for purposes of scheduling are permitted.
4. Rights of Accused Upon Hearing. A student or student organization appearing before a Committee shall have the right to:
  1. Be present at the hearing, which right may be waived by either written notification to the Chair or by failure to appear;
  2. Have an adviser (who may be, but is not required to be, an attorney) present during the hearing, who may actively participate and assist the student as described herein;
  3. To testify at the hearing or refuse to testify at the hearing;
  4. Hear or examine evidence presented to the Committee;
  5. Question witnesses present and testifying;
  6. Present evidence by witnesses or affidavit;
  7. Make any statement to the Committee in mitigation or explanation of the conduct in question;
  8. Request that the hearing be held virtually, with technology enabling participants simultaneously to see and hear each other;
  9. Be informed in writing of the findings of the Committee and any sanctions it imposes; and
  10. Request review or appeal to the Chancellor or Designee as herein provided.
5. Rights of the Primary Administrative Officer Upon Hearing. The Primary Administrative Officer appearing before a Committee shall have the right to:
  1. Be present at the hearing;
  2. Have an attorney from the Office of the General Counsel present as legal adviser to the Primary Administrative Officer, who may actively participate and assist the Primary Administrative Officer as described herein;
  3. To state any facts the investigation has revealed;
  4. Hear or examine evidence presented to the Committee;
  5. Question witnesses present and testifying;
  6. Present evidence by witnesses or affidavit;
  7. Request that the hearing be held virtually, with technology enabling participants simultaneously to see and hear each other;
  8. Be informed in writing of the findings of the Committee and any sanctions it imposes; and
  9. Request review or appeal to the Chancellor or Designee as herein provided.
6. Determination by the Student Conduct Committee. The Committee shall make its findings and determinations based on the preponderance of the evidence in executive session out of the presence of the Primary Administrative Officer and the accused student or student organization. Separate findings are to be made:
  1. As to the conduct of the accused student or student organization, and
  2. On the sanctions, if any, to be imposed. No sanctions shall be imposed on the accused student or student organization unless a majority of the Committee present is convinced by the preponderance of the evidence that the student or student organization has committed the violation charged. In determining what sanction, if any, is appropriate, the Committee may take into consideration the previous disciplinary history of the accused student or student organization.
7. Official Report of Findings and Determinations. The Committee shall promptly consider the case on the merits and make its findings and determination and transmit them to the Primary Administrative Officer/Designee(s) and the accused student or student organization designee. The Committee’s report shall detail the following:
  1. Identification of the allegations potentially constituting prohibited conduct and the determination of the Committee;
  2. A description of the procedural steps taken;
  3. Findings of fact supporting the determination and any information the Committee excluded from its consideration and why;
  4. Conclusions regarding the application of the University’s Standard of Conduct to the facts;
  5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility;
  6. Any disciplinary sanctions to be imposed on the student or student organization; and
  7. The procedures and permissible bases for the Parties to seek review or appeal.
8. Evidentiary and Procedural Questions. The relevancy and admissibility of any evidence offered and procedural questions shall be determined by the Chair, whose ruling shall be final unless the Chair shall present the question to the Committee at the request of a member of the Committee, in which event the ruling of the Committee by majority vote shall be final. In considering evidentiary and procedural questions, the Chair will apply the following rules:
  1. The Chair has the discretion to determine the relevance of any witness or documentary evidence and may exclude any witness, document, or information that is irrelevant, immaterial, cumulative, or more prejudicial than informative.
  2. The Committee shall consider the trustworthiness of all oral or written statements and no oral or written statement shall be considered if the source of the statement has not been disclosed to the Committee and the Parties.
  3. Character evidence is information that does not directly relate to the facts at issue, but instead reflects upon the reputation, personality, or qualities of an individual, including honesty. Such evidence regarding a Party’s character is of limited utility and shall not be admitted unless deemed relevant by the decision-maker.
  4. Incidents or behaviors of a Party not directly related to the possible violation(s) will not be considered unless they show a pattern of related misconduct. History of related misconduct by a Party that shows a pattern may be considered only if deemed relevant by the decision-maker.
  5. A student’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made or maintained in connection with the provision of treatment to the student, may not be used without that student’s express consent.
  6. The Chair and Committee shall not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.
9. General Rules of Decorum. The following general rules of decorum shall be adhered to:
  1. All requests to address the Committee shall be addressed to the Chair.
  2. The Chair will rule on all requests and points of order and may consult with Committee’s legal adviser prior to any ruling. The Chair’s ruling shall be final and all participants shall abide thereby, unless the Chair shall present the question to the Committee at the request of a member of the Committee, in which event the ruling of the Committee by majority vote shall be final.
  3. The Chair or Committee may dismiss any person from the hearing who interferes with or obstructs the hearing or fails to abide by the rulings of the Chair or the Committee.
  4. Rules of common courtesy and decency shall be observed at all times.
10. Advisers / Attorneys. A student or student organization may have an adviser, who may be, but is not required to be, an attorney. Prior to the hearing, the adviser may communicate with the Chair on behalf of the student or student organization, including raising questions or objections or making requests regarding procedural matters.
  At the hearing, the adviser may ask any witnesses all relevant questions and follow-up questions, including those challenging credibility, and conduct cross- examination and other questioning. An adviser may request clarification of a procedural matter or object on the basis of procedure at any time by addressing the Chair after recognition. An adviser may make presentations and speak on behalf of their Party and may consult with the student or representatives of the student organization quietly or in writing, or outside the hearing during breaks.
11. Record of Hearing. An audio, video, digital or stenographic record of the hearing shall be maintained. The notice, exhibits, hearing record and the findings and determination of the Committee shall become the "Record of the Case" and shall be filed in the Office of the Primary Administrative Officer and for the purpose of review or appeal be accessible at reasonable times and places to the University, and the accused student(s) or student organization designee.
12. Transcripts. Information regarding expulsions will be noted on transcripts and shared system-wide. The Primary Administrative Officer will inform the Registrar or designee, who will make the transcript notation.

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200.020 Rules of Procedures in Student or Student Organization Conduct Matters

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