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September 19, 1984 - Image 5

Resource type:
Text
Publication:
The Michigan Daily, 1984-09-19

Disclaimer: Computer generated plain text may have errors. Read more about this.

'U' official:

By LAURIE DELATER
Although most students don't know it,
the University already has on its books
a set of guidelines for governing student
behavior outside the classroom.
Those guidelines, called the Rules of
the University Community, apply to
faculty and staff members as well as to
students.
THE RULES were adopted by the
Board of Regents in 1973, but top
University officials said they are
"basically. unenforceable" because of
vague wording and a provision
"prolhibiting the University from taking
'action against 2 student if he or she is
involved in a civil court suit for the
sgme crime.
I"(The existing policy) is so vague it
doesn't protect anyone from much of
a.Iything, especially students," said
,Ifenry Johnson, vice president for
student services. "It's basically unen-
forceable."
Because they were written at a time
when student activism was popular, the
existing rules only provide guidelines
for clamping down on violent protest.
The rules forbid physical harm,
destruction of University property and

interfering with the fr
any member of the1
munity.
SINCE THEN,
ministrators said, prot
but the number of c
committed crimes on
creased. The existing
and-a-half pages it
provisions for ar
harassment, or fire or1
"The rules of the
munity were written f

90
Existing rul
'ee movement of said Prof. Bill Colburn, a former mem-
University com- ber of the University Council who wrote
the first draft of the new conduct code.
several ad- "If you look at the things that were
est has declined, happening on campus during that
ases of student- period, there were a lot of student
campus has in- protests. Today the problems are inter-
rules, only one- personal like personal harassment,"
n length, lack Colburn added.
rson, forgery, NOT ONLY do the current rules pose
bomb threats. enforcement problems because they
University com- don't cover many types of misbehavior,
for another time, they also tell the University it can't

The Michigan Daily - Wednesday, September 19, 1984 - Page 5
e('s vague, unenforceable

punish students internally if they are
being tried in the courts for the same
crime.
Administrators would now like to
change that provision in order to
reprimand a student as a member of an
organization regardless of court action,
said Dan Sharphorn, a policy adviser
for the University who is working on the
code.
"A state institution has a right to en-
force its sanctions simultaneously to
what's going on in the judicial

systems," Johnson said.
SHARPHORN said there are also
problems with the judicial system set
up under the old rules.
The University Council, a group of
students, faculty members and ad-
ministrators is responsible for
developing conduct rules for the
University community and acting as
the mediating body under the current
rules.
"I have a problem with the group

writing the rules also being the hearing
body," Sharphorn said.
The regental bylaw that defines the
judicial system doesn't specify how to
handle complaints, sanctions, and ap-
peals, nor does it establish a
mechanism for resolving less serious
conflicts, Sharphorn added.
The proposed code is an attempt to
clear up some of the vagueness of the
existing rules, he said.
Tomorrow: the student perspective
on the code.

Code would clamp down on out-of-classroom conduct

(Continued from Page 1)
These violations include harassment,
false fire or bomb threats, use or
possession of dangerous weapons,
fireworks or stolen property.
Trespassing, forgery or breaking any
other existing University policy could
also lead to a lesser reprimand.
THE HEARING officers would be ap-
pointed by the University prsident and
could be either a member of the faculty
Senate, an administrator or a legal or
policy adviser for the University.
The student would be called to testify
before a hearing board in any case that

could lead to suspension or expulsion.
Any of the 17 actions prohibited in the
code could be punished with the most ex-
treme sanctions if serious enough.
The board would be composed of two
students, two members of the faculty
Senate and one member of the ad-
ministrative or professional staff. A new
board would be randomly chosen for
each case.
STUDENTS could request that they
testify before a hearing board if they felt
they would not get a fair hearing before
the hearing officer alone.

In any case, a student could hire an at-
torney for advice on preparing his or her
defense, but the attorney would not ac-
tually be able to represent the student
during the hearing. The intent behind
limiting the role oran attorney, Johnson
said, is again to avoid turning University
hearings into drawn-out proceedings like
those held by thecivil courts.
If a student is found guilty of violating
the code, he or she could appeal to the
judicial system administrator. In lesser
forms of misconduct, the appeal would
be decided by either the administrator or

the vice president for student services on
the basis of a transcript of the original
hearing and upon written briefs submit-
ted by all parties.
IF A STUDENT decided to appeal
suspension or expulsion, the appeal
would be before an ad hoc panel, com-
posed of equal numbers of students,
faculty, and staff appointed by the vice
president for student services.
Students' could also be punished for
failure to appeal or testify before the
hearing officer or board or failure to

obey the decided disciplinary action.
The judicial system and specific forms
of misconduct currently are being
revised. Administrators are considering
deleting the provision which gives the
University jurisdiction over whole teams
and other student organizations, Shar-
phorn said. The role'of an attorney could
also be expanded to actual represen-
tation of the student in cases of expulsion
as well, he added.
Another draft of the code is expected to
be finished in three weeks, Sharphorn
said.

Text of the Proposed Code of Non-Academic Conduct and Judicial System

THE CODE

Proposed Student Code of
Nonacademic Conduct
March 5,1984
Sction 1. Introduction
The purpose of the Student Code of Nonacademic
Conduct is to help protect the safety and well-being of
the campus community and assist the University in
providing an environment that supports the
,educational process. The responsibility for main-
twining such an environment is shared by all mem-
bers of the University community.
>This Code defines what conduct of a non-academic
iature is prohibited and what sanctions may be im-
posed for violations of these prohibitions. The
University Judicial System lists the rights of accused
stdents and specifies how cases are to be processed
- i.e., investigated, tried, appealed, and decided.
-Prohibited acts of an academic nature - e.g.,
plagiarism, cheating, fabrication, falsification of
academic records, and aiding and abetting
'dlkhonesty - will normally be processed by the in-
'diidual Schools and Colleges of the University.
'Any person may refer a student suspected of
violating the Student Code to the Judicial System
administrator or a designee. Persons making such
referrals are required to provide information per-
tient to the case and will be expected to appear at a
hearing.
.:.Section 2. Jurisdiction -
Subject matter jurisdiction of -the University
Judicial System shall be limited to alleged violations
of the Student Code of Nonacademic Conduct, as
'promulgated by the President under the authority of
Regents' Bylaw 2.01. Individual personal jurisdiction
shall be limited to persons enrolled or eligible to
enroll in the University on a full or part-time basis or
participating in a University degree program at the
time of the alleged violtion. Within these
limitations, the Judicial System shall have jurisdic-
tion over all of the following Code violations: those
committed on University property or at University
sponsored activites such as class, organization, or
team trips or meetings and those committed in
University affiliated housing, such. as fraternity and
'sorority houses and cooperatives. This provision
ihall not be construed, however, to limit ad-
ninistrative decision-making by University units,
eg., Housing Division lease enforcement, nor shall it
limit professional school disciplinary or character
and fitness proceedings. Nor does it limit the
establishment and enforcement of academic codes of
conduct by individual schools, colleges, and depar-
tments.
Section 3. Prohibited Conduct
The following misconduct is subject to disciplinary
action:
a. intentionally or recklessly causing physical
harm to any person, or intentionally or recklessly
causing reasonable apprehension or threat of such
harm.
Arson, harassment, interference
=b. intentionally or recklessly burning or setting fire
to any building or starting any unauthorized fire in
any building.
.c. making an unwelcome sexual advance,
° requesting sexual favors, or other verbal or physical
conduct of a sexual nature when such conduct has the
'purpose or effect of substantially interfering with an
ipdividual's academic or professional performance
'or privacy or creating an intimidating, hostile, or of-
fensive employment, education, or living environ-
ment.
d. intentionally and significantly interfering with a
normal University or University sponsored activity,
including, but not limited to, studying, teaching,
research, class attendance, University ad-
ninistration, or fire, safety, or emergency service.
',e. intentionally and significantly interfering with
the freedom of expression of another.
f. intentionally initiating or causing to be initiated
any false report, warning, or threat of fire, ex-
plosion, or other emergency.
g. unauthorized use, possession, or storage of any
firearm or dangerous weapon.
h. unauthorized use or possession of fireworks.
-i. theft of property or of services.
j. intentionally misusing fire safety equipment.
k. intentionally or recklessly destroying or damaging
the property of another.
i. knowing possession of stolen
property of the University or of property of a
-member of the University community.
im. unauthorized presence in or use of University
premises, facilities, or property, when the individual
knows such presence is unauthorized.
n. knowling furnishing false. information to the
University, when such information is needed for an
dfficial University purpose.
o'.forgery, unauthorized duplicationor unauthorized
use of any University document. or instrument of
identification.
p. unauthorized distribution or possession for the
purpose of distribution of any controlled substance or
illegal drug.
q. violation of a published University regulation or
policy that has been approved by the President or
other regentally designed official. Such regulation or
policy may include but is not limited to:
" Computing Center Conditions of Use Policy and
Authorization and Charge Policy.
" Hazing Policy
" Housing Division Regulations
." -..i a _ . ._ _ J 0 ... . ...

amounts to more than mere preparation. There must
also be an apparent ability to commit the prohibited
act.
Section5. Aiding and Abetting
Intentionally .aiding another to commit an act
prohibited by the Student Code of Nonacademic Con-
duct may be punished to the same extent as the aided
violation.
Section 6. Failure to Appear or Testify.
Failure to comply with a request from a University
Judicial System Hearing Officer to appear or testify
in a University Judicial System hearing is miscon-
duct and subject to disciplinary action. A person may
petition the Hearing Officer to be excused from ap-
pearing or testifying. Such petition must be submit-
ted to the Hearing Officer a reasonable time before
the subject hearing.
Section 7. Violating the Terms of Disciplinary San-
ctions.
Knowingly violating the terms of any disciplinary
sanctions imposed in accordance with this Code is
misconduct and subject to disciplinary action. The
Hearing Officer or Hearing Board who imposed the
original sanctions shall determine what, if any, ad-
ditional sanctions shall be imposed.
Furthermore, in a case of restitution, a hold-credit
may be administratively imposed for failure to pay
the restitution.
Section 8. Sanctions
The sanctions imposed must reasonably reflect the
seriousness of the misconduct. The sanctions should
not focus on retribution, but should consider the
safety of the community and the integrity of the
University and the personal development of the
student. The violation record of the student may be
considered when deciding upon sanctions. In im-
posing sanctions, the following guidelines - will be
followed:
".A person violating-Secs. 3a-3b may be punished
by sanctions described in Secs.8a-e, below.
" A person violating Secs. 3c-3q may be punished
by sanctions described in Secs. 8a, b, and e, except
that sanctions described in Secs. Bc-d may be im-
posed for a particularly dangerous or grievous
violation.
* A person violating Secs. 4 or 5 may be punished
up to the maximum of the attempted (Sec. 4) or
aided (Sec. 5) violation.
* A person violating Sec. 6,sFailure to Appear or
Testify, may be punished by sanctions described in
Secs. 8a, b, ande.
" A person violating the terms of any sanctions,
Sec.. 7, may be punished by sanctions described in
Secs. 8a-e.
Other Authorties
Sanctions imposed by other authority for the same
violation, such as lease termination from University
Housing or sentence imposed by a criminal court,
must also be considered and additional sanctions
may only be imposed by the University Judicial
System if it is determined that the sanctions already
imposed are inadequate given the circumstances of
the violation. If sanctions are imposed by other
authority after the imposition of sanctions by the
University Judicial System, the proceedings may be
reopened to determine if an adjustment in the san-
ctions imposed is appropriate.
One or more of the following sanctions may be im-
posed for a violation of the Student Code of
Nonacademic Conduct:
a. DISCIPLINARY REPRIMAND: the student is
warned that further misconduct will result in more
severe disciplinary action.
b. RESTITUTION: the student is required to make
payment to the University or to another person,
group, or organization for damages incurred as a
result of a violation of this code.
c. SUSPENSION: the student is separated from
the University for a specified period of time. Per-
manent notification may appear on the student's
transcript. During the period of suspension, the
student may not participate in any University spon-
sored activity and may be barred from University
premises. Suspended time will not count against any
time limits for completion of a degree, however, the
student must be accepted for readmission by his or
her former academic unit or for admission by a new
academic unit.
d. EXPULSION: The student is separated in-
definitely from the University. During the period of
expulsion, the student may not participate in any
University sponsored activity and may be barred
from University premises. Permanent notification of
the expulsion may appear on the student's transcript
The student may petition the Vice President for
Student Services or a designee for permission to ap-
ply for readmission to his or her former academic
unit or admission to a new academic unit after a
specified time has elapsed and/or other specified
conditions have been met. To actually be readmitted
or admitted, the student must be accepted by the unit
to which he or she applies.
e. OTHER SANCTIONS: other sanctions ap-
propriate to the situation may be imposed instead of
or in addition to those specified in sub-sections a
through d of Section8, above. For example, a student
may be subject to dismissal from University housing
for a disciplinary violation which occurred in a
residence hall or family housing. Likewise, a student
may be restricted from all or parts of the campus.
The student may also be forbidden from represen-
ting the University in any extracurricular activity
for a specified period of time. An unauthorized
firearm nr wapan may be confiscated. Library

System that shall provide a uniform, fair, and impar-
tial procedure for handling alleged violations of the
University Student Code of Nonacademic Conduct.
Section 2. Jursidiction.
a. Subject matter jurisdiction of the University
Judicial System shall be limited to alleged violations
of the Student Code of Nonacademic Conduct, as
promulgated by the President under the authority of
Regents' Bylaw 2.01. Individual personal jurisdiction
shall be limited to persons enrolled or eligible to
enroll in the University on a full or part-time basis or
participating in a University degree program at thej
time of the alleged violation. Within theset
limitations, the Judicial System shall have jurisdic-
tion over all of the following Code violations: those
committed on University property or at UniversityI
sponsored activities, such as, class, organization, or
team trips or meetings and those committed in
University affiliated housing, such as, fraternity and
sorority houses and cooperatives. This provision
shall not be construed, however, to limit ad-
.ministrative decision-making by University units,
e.g., Housing Division lease enforcement, nor shall it
limit professional school disciplinary or character
and fitness proceedings. Nor does it limit the
establishment and enforcement of academic codes of
conduct by individual schools, colleges, and depar-
tments. Violations of academic codes of individual
schools and colleges will normally subject one to
processing under the academic code and procedures
of the school or college.
b. If a violation involves a single act that could be
defined as both academic misconduct and
nonacademic misconduct, the school or college with
jurisdiction over the academic violation may elect
whether to refer the case to the University Judicial
System or to have the case heard by the board that
hears academic violations in that unit. If the
violation is not an academic violation or otherwise
within the unit's jurisdiction (see Secs. 2c and 2d,
below), the unit must refer the case to the University
Judicial System. If a violation involves more than
one act, at least one of which is academic misconduct
and one of which is nonacademic misconduct, the ac-
ts may be processed separately by the unit academic
board and the University Judicial System, as ap-
propriate.
c. If a violation comes under the jurisdiction of
both the University Judicial System and the code of
conduct and disciplinary procedure of a school or
college, the school or college must elect to either
process the case itself or refer it to the University
Judicial System.
d. If a violation comes under the jurisdiction of
both the University Judicial System and the Housing
Division, the University Libraries, or any other unit
except a school or college, the unit must elect to
either process the case itself or refer it to the Univer-
sity Judicial System. It must refer the case if ex-
pulsion, suspension, or other sanctions beyond the
unit's authority is contemplated.
Section 3. Other Authority.
Nothing in this document shall operate in
derogation of any Regent's Bylaw, any collective
bargaining or other contractual relationship of the
University, nor shall it be construed to limit the
authority of the President to maintain health,
diligence, and order among students under Regents'
Bylaw 2.01.
Section 4. Violations of Law and the Student Code of
Conduct.
A student may be accountable to both civil
authorities and to the University for an act which
constitutes a violation of law and of the Student Code.
Disciplinary action at the University may proceed
during the pendency of criminal proceedings and will
not be subject to challenge on the ground that a
criminal charge involving the same incident has
been dismissed or reduced. However, punishment
imposed by other authority for the same act must be
considered in imposing sanctions.
Section 5. Case Referrals.
Any person may refer a student suspected of
violating the Student Code to the Judicial System
administrator or a designee. A person making such a
referral (the complainant) is required to provide in-
formation pertinent to the case and must appear at a
hearing and testify, unless a petition to be excused
from appearing or testifying is approved by the
Hearing Officer. Such petition must be submitted to
the Hearing Officer a reasonable time before the
subject hearing.
Section 6. Investigations.
The Judicial System administrator or a designee
shall conduct a preliminary investigation to deter-
mine if there is sufficient cause to believe a violation
within the jurisdiction of the University Judicial
System has occurred. Within thirty calendar days af-
ter receiving a referral, the investigator shall either
refer the case to a hearing, dismiss it, recommend
other appropriate action to the Vice President for
Student Services or a designee, or refer the case to
the unit with jurisdiction, if appropriate. The in-
vestigator shall provide notice of this decision to both
parties. The complainant may appeal a decision to
dismiss to a Hearing Officer. Such appeal must be

professional and administrative staff. Hearing Of-
ficers shall be appointed by the President to terms of
three years. The President may revoke or extend
appointments and may appoint any number of
Hearing Officers.
Composition of Hearing Board
b. Boards.
A Hearing Board shall consist of two students, two
members of the Faculty Senate, and one member of
the professional and administrative staff. Board
members will be randomly selected by the Hearing
Officer or the Judicial System administrator from
panels of not fewer than ten students, ten faculty,
and five staff. Individuals will be appointed to the
panels by the President from lists of at least twenty
students provided by the Michigan Student Assem-
bly, twenty members of the Faculty Senate provided
by Senate Advisory Committee on University Af-
fairs, and ten staff provided by the Vice President for
Student Affairs. If MSA fails to provide a list, the
Vice President for Student Services shall provide
such a list. If SACUA fails to provide a list, the Vice
President for Academic Affairs shall provide the ap-
propriate list.
A Hearing Officer shall preside over a case heard
by a Board, but shall not vote on the outcome or san-
ctions.
c. Forum.
The Judicial System administrator may refer a
case to a hearing before either a University Hearing
Officer or a University Hearing Board. A case that
may result in expulsion or suspension must be heard
by a Board, unless the accused student (the respon-
dent) waives hearing before a Board. Any other case
will normally be heard by a Hearing Officer alone,
however the Hearing Officer or the Judicial System
administrator may choose to refer any case to a
hearing before a Board. Further more, if either par-
ty believes that he or she will not receive a fair and
impartial hearing before a Hearing Officer alone, he
or she may request that the case be heard by a
Hearing Board. Such request shall be decided by a
Hearing Board.
Section 8. Commencement for Hearing.
Unless a delay requested by either party is ap-
proved by the Hearing Officer, the hearing shall
commence within thirty calendar days of the
Judicial System administrator's or the Hearing Of-
ficer's referral of the case to the Hearing Officer or
Hearing Board or within thirty calendar days of a
Hearing Board's decision on a request for a hearing
before a Board.
Section 9. Hearing Procedures.
a. Both parties shall be given notice of the hearing
date and the specific charge against the respondent
at least fourteen calendar days in advance of the
hearing.
b. The Hearing Officer may request the appearan-
ce of witnesses upon his/her volition or upon the
motion of any Board member or of either party. The
Hearing Officer must request the appearance of a
witness requested by either party unless the Hearing
Officer is convinced that the likely testimony of the
witness will be irrelevant, immaterial, or not suf-
ficiently probative. University students and em-
ployees are required to comply with requests issued
pursuant to this procedure, unless compliance would
result in serious and unavoidable personal hardship.
A person may petition the Hearing Officer to be ex-
cused from appearing or testifying. Such petition
must be submitted to the Hearing Officer a
reasonable time before the subject hearing.
c. If a respondent fails to appear after proper
notice, the hearing may proceed, findings may be
made, and sanctions may be imposed without the
student's participation, unless the student can
establish that there are circumstances beyond his or
her control that make appearance impossible or
unusually burdensome. A respondent may petition
the Hearing Officer to be excused from appearing or
for a delay in the hearing. Such petition must be
submitted to the Hearing Officer a reasonable time
before the hearing.
Right to Silence
d. A respondent has the right to remain silent at the
hearing. The exercise of this right may not be con-
sidered in any findings, decisions, or recommen-
dations.
e. Hearings will be closed to the public unless an
open hearing is requested by the respondent. If the
hearing is open, the Hearing Officer may still close a
portion of the hearing in special circumstances to
protect the privacy of a complainant, victim, or wit-
ness.
f. The Hearing Officer of each Board shall exercise
control over the hearing to avoid needless consum-
ption of time and to prevent the harassment or in-
timidation of witnesses. Any person, including either
party, who disrupts a hearing or who fails to adhere
to rulings of the Hearing Officer may be excluded
from the proceedings.
g. Each hearing must be recorded verbatim. The
verbatim recording may be made by taping the
nr-,in..

plainant and the respondent, may be excluded from
the hearing during the testimony of other witnesses.
All parties, the witnesses, and the public shall be ex-
cluded during Board deliberations.
k. To find a respondent guilty, the Hearing Officer
or Hearing Board must be convinced that there isi
clear and convincing evidence that the respondent is
guilty.
Formal evidence rules not applied
1. Formal rules of evidence shall not be applicable
in disciplinary proceedings conducted pursuant to
this system. The Hearing Officer shall adhere to ap-
propriate commitments of confidentiality and rules
of privilege, but may otherwise in his/her discretion
admit all matters into evidence that reasonable per-
sons would accept as having probative value in the
conduct of their affairs. Unduly repetitious or
irrelevant evidence may be excluded.
m. A respondent shall be accorded an opportunity
to question all witnesses who testify at the hearing.
n. Affidavits may be admitted into evidence in the
discretion of the Hearing Officer.
o. The Hearing Officer and Board members may
take judicial notice of matters that are within the
general experience of University students at the
academic level of the respondent.
p. The Hearing Officer may consult with the
Judicial System administrator at any time concer-
ning questions of procedure and admissibility of
evidence.
q. A determination of guilt shall be followed by a
supplemental proceeding in which either party may
submit evidence or make statements concerning the
appropriate sanctions to be imposed. The past
disciplinary record of the respondent may be sup-
plied to the Hearing Officer and/or Board by the
Judicial System administrator at the supplementary
proceeding.
r. In a hearing before a Hearing Officer alone, the
Hearing Officer shall make findings as to guilt or in-
nocence and shll make the final decision as to san-
ctions. In a hearing before a Hearing Board,
decisions shall be made by a majority vote of the
members of the Board present and voting. The
Hearing Officer shall preside over the hearing but
shall not vote. A tie vote shall result in an acquittal.
The Board shall make findings as to guilt or innocen-
ce and shall make the final decision as to sanctions.
s. The final decisions of a hearing shall be accom-
panied by a summary of the testimony and a brief
opinion, The decision and opinions shall be presented
to the respondent and complainant in writing within
fourteen calendar days after the completion of the
hearing.
Legal or other advisors
Section 10. Advisors.
A respondent or complainant participating in a
hearing may be accompanied by an advisor, who
may be an attorney. The advisor may advise the
respondent or complainant on the preparation and
presentation of the case, but except for advising the
respondent or complainant, the advisor may par-
ticipate in the hearing only at the discretion of the
Hearing Officer. An advisor may not appear in lieu of
a respondent or a complainant, unless the Hearing
Officer determines that appearance will be im-
possible or will create extreme hardship for the
respondent or complainant.
Section 11. Appeals.
a. Any disciplinary determination may be ap-
pealed by the respondent.
b. Notice of appeal must be submitted in writing to
the Judicial System administrator within seven
calendar days from the date of the letter notifying
the respondent of the final decision of the Hearing Of-
ficer or Board. Failure to appeal within the allotted
time will render the original decision final and con-
clusive.
c. A written brief in support of the appeal must be
submitted to the Judicial System administrator
within fourteen calendar days from the date of the
letter notifying the respondent of the original hearing
decision. Failure to submit a written brief within the
allotted time will render the decision of the original
hearing final and conclusive.
d. An appeal shall be decided upon the record, in-
cluding a transcript, of the original hearing and upon
written briefs submitted by the parties. The ap-
pellate review shall be limited to determining
whether proper procedures were followed in the
original hearing.
e. Appeal Forum.
1. In a case in which the sanctions include suspen-
sion or expulsion, the appeal shall be before an ad
hoc panel, comprised of equal numbers of students,
faculty, and staff, and appointed by the Vice
President for Student Services. The panel shall
review the record and any briefs, hear oral
argument, and make recommendations to the Vice
President.
2. In a case in which the sanctions are less than
suspension, the Vice President for Student Services
or a designee may hear oral argument or may decide
the appeal based upon the written record and briefs.
Or. the Vice President or a designee may appoint an

new Hearing Officer or Board if specified procedural
errors or errors in interpretation of University
regulations were so substantial as to effectively deny
the respondent a fair hearing, or if new and
significant evidence became available which could
not have been discovered by a properly diligent
respondent before or during the original hearing.
The decision of the Hearing Officer or Board on
remand shall be final and conclusive.
3. A case may be dismissed if the findings are held
to be arbitrary and capricious.
g. The imposition of sanctions normally will be
deferred during the pendency . or appellate
proceedings, in the discretion of the Vice President
for Student Services or a designee.
h. If a respondent who is determined to have
committed a violation by a Hearing Officer or
Hearing Board is subsequently found not guilty of the
same violation by a criminal court, the respondent
shall have a right to a new appeal, but the criminal
court decision is not binding on the outcome of the
appeal. The respondent must submit a request in
writing to the Judicial System administrator within
seven calendar days from the date of the criminal
court decision. A written brief in support of the ap-
peal must be submitted to the Judicial System ad-
ministrator within fourteen calendar days from the
date of the criminal court decision. Failure to submit
the request for an appeal or the written brief within
the allotted times will render the decision of the
original hearing and appeal final and conclusive. The
Vice President for Student Services or a designee
may hear oral argument, may appoint an ad hoc
panel to hear oral argument, or may decide the ap-
peal based upon the written record and briefs.
Interim suspension
Section 12. Interim Suspension.
a. The President-or the Vice President for Student
Services may suspend a student for an interim
period pending disciplinary proceedings or medical
evaluation, such interim suspension to become im-
mediately effective without prior notice whenever
there is substantial evidence that the continued
presence of the student on the University Campus
poses a serious threat to himself or to others.
b. Before a student is suspended on an interim
basis he/she shall be given an opportunity to appear
personally before the President or the Vice President
for Student Services. A hearing shall then be held on
the following issues only:
1. The reliability of the information concerning the
student's conduct, including the matter of his iden-
tity;
and
2. whether the conduct and surrounding circum-
stances reasonably indicate that the continued
presence of the student on the University campus
poses a serious threat to himself or to others.
r
Section 13. Rehabilitation Leave and Readmission.
In a case in which it is determined that the
student's offensive conduct was related to a
psychological disability, the Vice President for
Student Services or a designee may allow the student
leave time for psychological rehabilitation. After the
rehabilitation leave, the Vice President for Student
Services or a designee shall decide, based upon
opinion evidence from a mental health professional
authorized by the University to review the case, what
sanctions if any are appropriate and if permission to
apply for readmission to the student's former unit or
admission to a new unit it to be granted. The Vice
President for Student Services or a designee may
appoint an ad hoc hearing board to hear the case.
The academic unit shall determine if the petitioner
meets the unit's requirements and is to be readmit-
ted or admitted.
Section 14. Petition for Readmission.
In a case in which a petition for permission to ap-
ply for readmission or- admission is required, the
Vice President for Student .Services or a designee
shall decide if permission is to be granted. The Vice
President for Student Services or a designee may
appoint an ad hoc hearing board to hear the case.
The academic unit shall determine if the petitioner
meets the unit's requirements and is to be readmit-
ted or admitted.
Section 15. Clemency.
The President of the University shall have the
power of executive clemency in cases of suspension
or expulsion.
Section 16. Time Limits.
In extraordinary circumstances, any time limit
contained herein may be extended by the Vice
President for Student Services.
Section 17. Annual Report.
The Vice President for Student Services or a
designee shall, at least annually, submit to the
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