Student Rights & Code of Conduct

INTRODUCTION

The primary purpose of the Statement of Student Rights and Code of Student Conduct is to assist the University of Michigan-Dearborn (hereinafter called the University) in providing an environment which supports the educational process and the well-being of the campus community. The responsibility for maintaining such an environment is shared by all members of the campus community.

Student rights and student conduct are defined in the Statement of Student Rights and Code of Student Conduct (hereinafter called the Code) in order to give general notice of conduct expectations, to identify sanctions which shall be imposed when misconduct occurs, and to ensure that students are treated with fundamental fairness and personal dignity. Disciplinary proceedings initiated in response to a charge of violation will be the responsibility of the Code Judicial System and will be undertaken according to the provisions and procedures articulated by the Code. The focus of inquiry in disciplinary proceedings will be on the question of guilt or innocence of those charged with violating the Code.

The Code is an articulation of the University's commitment to recognize and support the rights of its students and to provide a guide for defining behaviors the University considers inappropriate. It is not, however, meant to be an exhaustive list of all rights supported by the University or of all actions which may be considered misconduct.

Members of the University community are accountable to both civil authorities and to the University for acts which violate the law and this Code. Disciplinary action at the University will, normally, proceed during the pendency of external civil or criminal proceedings and will not be subject to challenge on the grounds that external civil or criminal charges involving the same incident are pending or have been invoked, dismissed, or reduced.

The discontinuance of enrollment of a student does not negate the jurisdiction of this Code, which shall remain applicable with respect to matters that arose when the person was a student. Adjudication of alleged violations of the Code by a University employee will be handled, via the Code Judicial System, by the appropriate University resources.

The UM-Dearborn Statement of Student Rights and Code of Student Conduct was written by students, faculty, and staff of the University of Michigan-Dearborn.

STUDENT RIGHTS

In recognition of students' rights and dignity as members of the University community, the University of Michigan-Dearborn is committed to supporting the following principles and to protecting those rights guaranteed by the Constitution, the laws of the United States and the State of Michigan, and the policies adopted by the Board of Regents.

1. Students have the right to free inquiry, expression, and association.
2. Students have the right to editorial freedom in student publications and the student media.
3. Students have the right to representation on the appropriate, designated University decisionary bodies.
4. Students accused of misconduct or of violating University policy have the right to have their guilt or innocence determined in accord with University procedures.
5. Students have the right to protection against improper disclosure of their student record as provided for in the Family Educational Rights and Privacy Act.
6. Students have the right of access to their personal records and other University files as provided for under the Family Educational Rights and Privacy Act and the Michigan Freedom of Information Act.
7. Students have the right to access all policies, rules, and decisions concerning their continued enrollment, and to those course materials and facilities necessary to pursue their studies.
8. Students have the right to educational programs which meet the objectives of the discipline, to teaching consistent with those objectives, and to a learning environment which encourages the students' active participation.
9. Students have the right to be informed by the faculty at the beginning of each term about course requirements, evaluation procedures, and evaluation criteria to be used, and the right to expect that those criteria be employed.
10. Students have the right to take reasoned exception to the data or views offered in any course of study; they are, however, responsible for learning the content of any course of study for which they are enrolled.
11. Students have the right to be evaluated solely on relevant academic criteria and to have protection against prejudicial or capricious academic evaluation.
12. Students have the right to request and receive timely assessment of their academic work.
13. Students have the right to request and receive a reasoned, impartial, and timely review of their grades.
14. Students have the right of redress if their rights have been violated.

STUDENT CONDUCT

Students are expected to conduct themselves in a manner conducive to an environment of academic integrity and of respect for the educational process and the safety and well-being of all members of the campus community. The actions cited as prohibited conduct should be used as a guide rather than an exhaustive list of behaviors the University considers misconduct and subject to disciplinary action.

A. PROHIBITED ACADEMIC CONDUCT

The following actions shall be considered academic misconduct and be subject to disciplinary action:

1. Furnishing false information to the University pertaining to one's own or to others' academic work, activities, records or status or initiating, or causing to be initiated, any false report pertaining to one's own or to others' academic work, activities, records or status (Falsification of Records or Official Documents).
2. Possessing, using, or distributing and altering or destroying any materials or information for the purpose of dishonestly affecting one's own or others' academic work, grades, or student status (Cheating).
3. Aiding or abetting another in obtaining, using, or distributing any materials or information for the purpose of dishonestly affecting one's own or others' academic work, grades, or student status (Aiding and Abetting Dishonesty).
4. Submitting as one's own any work which, in part or whole, is not entirely one's own work without properly attributing it to its correct source (Plagiarism).
5. Presenting data which were not gathered, or are not accounted for, in accordance with the appropriate methods for collecting and generating data (Fabrication).
6. Interfering with the academic work or study of other members of the University community. This includes, but is not limited to, alteration, destruction, and denial of access to learning materials.
7. Failing to comply with additional specific criteria for academic conduct communicated by the instructor to his/her class regarding assignments, tests, and/or exams.
8. Violating, or aiding and abetting the violation of, any published University academic policy, regulation, or procedure.
9. Attempting to commit, or assisting another in attempting to commit, any act prohibited by Section A. of this Code.
10. Violating the terms of any disciplinary sanction imposed in accordance with Section C. of this Code.

B. PROHIBITED NON-ACADEMIC CONDUCT

The following actions shall be considered non-academic misconduct and be subject to disciplinary action:

1. Causing or threatening to cause harm to any person on University premises or at University sponsored activities and events.
2. Hazing, i.e., action taken or situation created for the purpose of initiation of affiliation with any University organization or team, with or without the consent of the individual, which jeopardizes the physical or mental well-being of the individual. Hazing includes: physical injury, assault, or battery; kidnapping or imprisonment; forced consumption of any liquid or solid; mandatory personal servitude; interference with academic endeavors.
3. Interfering with normal University or University sponsored activities. This includes but is not limited to studying, teaching, research, University administration, or campus safety, fire, police, or emergency services.
4. Interfering with the freedom of expression or rights of individuals on the University premises or at University sponsored activities.
5. Harassment, i.e., physical force or violence or behavior, including stalking, that involves a deliberate interference or a deliberate threat to interfere with an individual's personal safety, academic efforts, employment, or participation in University sponsored activities and causes the person to have a reasonable apprehension that such harm is about to occur. Students may not use threats concerning the terms or conditions of an individual's education, employment, housing, or participation in a university activity as a way to gain sex and/or sexual favors.
6. Furnishing false information to the University.
7. Failing to comply with directions of University officials, including campus safety, acting in performance of their duties.
8. Initiating or causing to be initiated any false report, warning, or threat of fire, explosion, or other emergency on University premises or at University sponsored activities.
9. Theft of University property or funds or misuse of services on University premises; possession of stolen University property; possession of stolen property on University premises.
10. Destroying, or damaging, or misusing, or unauthorized use of any University funds, equipment, materials, or property including safety equipment and library materials; or such equipment or materials of others when on University premises.
11. Unauthorized use, possession, or storage of any weapon on University premises or at University sponsored activities.
12. Unauthorized use or possession of fireworks or explosives on University premises or at University sponsored activities.
13. Unauthorized use or possession or distribution of any controlled substance, alcoholic beverage, or illegal drug on University premises or at University sponsored activities.
14. Violations of any published University policies, including those regarding affirmative action or procedures regulating entry and use of University facilities and properties, sales or consumption of alcoholic beverages, use of vehicles and sound equipment, use of telephone equipment or privileges, campus demonstrations, and use of identification cards.
15. Commission of any state or federal crime on University premises or at University sponsored activities.
16. Violations of the terms of any disciplinary sanction imposed in accordance with Section C. of this Code.
17. Attempt to commit any act prohibited by Section B. of this Code.

C. SANCTIONS

The sanctions to be imposed should be commensurate with the offending conduct. Because education may be the most effective and appropriate means of addressing behavior that violates the standards of a university community, the University encourages fashioning sanctions to include an educational element which may help students understand their behavior in the context of the academic community. Although it is inappropriate for the University to try to change a student's convictions, it is appropriate for the University to ask a student to change behavior. Sanctions should, therefore, be designed which may deter behaviors that harm, intimidate, harass, or threaten others.

Factors that may be considered in determining the nature of sanctions to be imposed for Code violation include the intent of the respondent, the effect of the conduct on the victim and the University community, presence or absence of violations of the Code on the part of the student, the presence or absence of past violations of the standards on the part of the student, and the appropriateness of sanctions such as community service.

Regrettably, some conduct is so harmful to members of the University community or deleterious to the educational process that more severe sanctions may be required. Severe sanctions such as suspension or expulsion, should be imposed only when the offending behavior involves violent or dangerous acts, acts which disrupt the educational process and/or when there has been willful failure to comply with a lesser sanction. The Chair of the Conduct Board shall consult with the Dean of the School/College in which the student is enrolled before expulsion or suspension is imposed.

The range of potential sanctions is as follows:

1. Suspension from Specific Course or Activity. The student is removed from a specific course or activity, or is moved to a different section of the course.
2. Class Attendance. The student enrolls in and completes a class that may help improve his/her understanding of why the conduct engaged in is inappropriate.
3. Community Service. The student performs an appropriate amount of service that is both beneficial to the community and likely to assist the student in understanding the harm caused by his or her conduct.
4. Disciplinary Reprimand. The student receives a formal reprimand for violating the standards of behavior and a warning that future violations may result in more severe disciplinary action. The student does not lose his/her University privileges.
5. Disciplinary Probation. During the probation period, the student may not represent the University in any way. This includes, but is not limited to, engaging in any extra-curricular activity, running for or holding office in any student group or organization, and serving on any University committees. The appropriate University units shall be notified of the student's probationary status.
6. Suspension in Abeyance. The student remains enrolled. However, any violation of the conduct regulations during the period of Suspension in Abeyance will, after a determination of guilt, result in automatic suspension.
7. Suspension. The student is temporarily separated from the University for a specified period of time. Conditions may be stipulated for the readmission of a student. When a student is suspended during a term, he/she is not exempted from the payment of tuition for that term.
8. Expulsion. The student is permanently separated from the University. Penalty shall consist of the student being barred from the premises of the University. When a student is expelled during a term, he/she is not exempted from the payment of tuition for that term.
9. Restitution. The student makes payment to the University for damages incurred by the University as a result of his/her violation.
10. Other Disciplinary Actions. In addition to or in place of any of the above sanctions, the student may be subject to other penalties commensurate with the offending conduct. This may include but is not limited to degree and/or transcript actions, such as recision of a degree, withholding of course credit, loss of credit for an assignment/ exam, assignment of additional work, loss of special privileges, behavioral counseling, or a behavioral contract.
11. Combined Sanctions. A combination of the sanctions described above may be imposed.
12. The sanctions imposed under these standards do not diminish or replace the penalties which may be invoked under generally applicable civil or criminal laws. Students are reminded that many violations of the standards, including harassment and other discriminatory behavior, may violate various local, State and federal laws and, therefore, also be subject to legal action.

JUDICIAL SYSTEM

SECTION 1. PURPOSE

The University of Michigan-Dearborn shall provide a uniform, fair and impartial process for reporting, adjudicating and resolving alleged violations of The University of Michigan-Dearborn Statement of Student Rights and Code of Student Conduct (hereinafter called the Code). The alleged violator will be informed of the charges and provided an opportunity to respond to the allegations. Resolution will be attained either informally, by actions mutually agreed to by the accused and the accuser, or formally, by determination of the appropriate hearing board.

SECTION 2. JURISDICTION

Judicial System adjudication shall be limited to alleged violations of the Code. Jurisdiction over Student Rights shall be limited to students, to student organizations and teams, and to employees of the University of Michigan-Dearborn. Jurisdiction over Student Conduct shall be limited to students and to student organizations and teams of the University of Michigan-Dearborn. Within the following limitations, the Judicial System shall have jurisdiction over all Code violations committed on University property or at University sponsored activities, such as class, organization, or team trips or meetings; or against University property, wherever situated.

A.     Jurisdiction over individual students charged with violating the Code shall be limited to persons admitted to, or enrolled or registered at the University on a full or part-time basis at the time of the alleged violation. The discontinuance of enrollment of a student does not negate the jurisdiction of this Code and System which shall remain applicable with respect to matters that arose when the person was a student.

B.     Jurisdiction over student organizations and teams charged with violating the Code shall be limited to organizations and teams comprised entirely or substantially of students.

1. A student organization or team and its officers or leaders may be held collectively or individually responsible when violations of the Code of those associated with the organization or team have received the tacit or overt consent or encouragement of the organization or team or of the organization's or team's leaders, officers, or spokespersons.
2. The officers or leaders or any identifiable spokespersons for a student organization or team may be directed by the Vice Chancellor for Enrollment Management and Student Life or a designee to take appropriate action designed to prevent or end violations of the Code by the organization or team or by any persons associated with the organization or team who can reasonably be said to be acting in the organization's or team's behalf. Failure to make reasonable efforts to comply with the Vice Chancellor for Enrollment Management and Student Life' or the designee's directive shall be considered a violation of the Code, both by the officers, leaders, or spokespersons for the organization or team and by the organization or team itself. Sanctions for misconduct by an organization or team (jointly and severally) may include revocation or denial of recognition or funding for a designated period of time.
3. Jurisdiction over University employees charged with violating student rights shall be limited to facilitating informal resolution and to facilitating the utilization of appropriate University procedures for addressing allegations of misconduct by an employee of the University.

C.     Jurisdiction over University employees charged with violating student rights shall be limited to facilitating informal resolution and to facilitating the utilization of appropriate University procedures for addressing allegations of misconduct by an employee of the University.

SECTION 3. ALLEGATIONS OF CODE VIOLATION

Any allegation of a violation of the Statement of Student Rights and Code of Student Conduct may be made to either the Academic Affairs Proceedings Advisor, the Enrollment Management and Student Life Proceedings Advisor, the University Ombudsman, or the Affirmative Action Coordinator. Allegations must be presented within a reasonable time frame or risk being dismissed because relevant information is no longer available. The person receiving the allegation shall determine and direct it, within five working days, to the appropriate adjudication resource: the Academic Affairs Proceedings Advisor, the Enrollment Management and Student Life Proceedings Advisor, the Ombudsman, or the Affirmative Action Coordinator. The determination of appropriate adjudication shall be based on the type of action or actions which are alleged to be in violation of the Code.

A. ACADEMIC CONDUCT

Any report of a student, or students, violating the Code of Academic Conduct may be made, or referred to, the Academic Affairs Proceedings Advisor. The Academic Affairs Proceedings Advisor shall be a faculty member appointed by the Provost from the Faculty Senate ranks for a term of one year. The Provost may extend or revoke the appointment.

B. NON-ACADEMIC CONDUCT

Any allegation of a student, or students, violating the Code of Non-Academic Conduct may be made or referred to the Enrollment Management and Student Life Proceedings Advisor. The Enrollment Management and Student Life Proceedings Advisor shall be appointed by the Vice Chancellor for Enrollment Management and Student Life for a term of one year. The Vice Chancellor may extend or revoke the appointment.

C. STUDENT RIGHTS

Any report of a member of the University community violating the Statement of Student Rights may be made, or referred to, the University Ombudsman.

D. AFFIRMATIVE ACTION ISSUES

Any report of a member of the University community, suspected of a violation of University Discrimination/Discriminatory Harassment Policies, relevant to Student Rights or Student Conduct, may be made, or referred to, the Affirmative Action Coordinator.<o:p></o:p>

SECTION 4. REPORT RESPONSE

A.     Upon receipt of a report of suspected violation, the Proceedings Advisor, Ombudsman, or Affirmative Action Coordinator shall determine whether the alleged action(s) is defined by the Code as a violation and is therefore subject to Code adjudication.

B.     If the alleged action is not within the purview of the Code, the Proceedings Advisor, Ombudsman, or Affirmative Action Coordinator who has reviewed the report shall recommend alternative action the complainant may take to address the concern.

C.     If the alleged action is within the purview of the Code, the Proceedings Advisor, Ombudsman, or Affirmative Action Coordinator who has reviewed the report shall facilitate any appropriate interaction with the complainant and the alleged violator that may assist in reaching a mutually acceptable, informal resolution of the matter. The appropriate hearing board chair shall be given an opportunity to participate in this facilitation.

SECTION 5. HEARINGS

If the matter cannot be appropriately or satisfactorily resolved through informal action, it will be referred for Hearing to the appropriate judiciary system at the written request of the person(s) charging a member of the University community with a Code violation. If the case is to be heard by a Code Hearing Board, the Proceedings Advisor, University Ombudsman, or Affirmative Action Coordinator shall inform the Hearing Board Chair, the Dean of the school/college in which the accused is enrolled, the Vice Chancellor for Enrollment Management and Student Life, and the student charged with the violation that a charge has been made and that a Hearing will be held. He/she will also present to the Hearing Board Chair and the student any information presented during the informal resolution action which is directly relevant to the alleged violation. The referral to hearing and the presentation of information should occur within fifteen (15) business days after the report of alleged violation has been received.

SECTION 6. HEARING BOARDS

A. ACADEMIC CONDUCT HEARINGS

Formal charges of academic misconduct shall be referred by the Academic Affairs Proceedings Advisor for adjudication by the Academic Conduct Board of the college/school in which the violation is alleged to have occurred. Each College/School Hearing Board shall be appointed by its Dean and Executive Committee. Each Board shall include at least one student member; it is recommended that one-half of the members be students. The members and chair shall be appointed for a one year term. The Dean and Executive Committee may extend or revoke appointments.

B. NON-ACADEMIC CONDUCT HEARINGS

Formal charges of non-academic misconduct shall be referred by the Enrollment Management and Student Life Proceedings Advisor for adjudication by the Non-Academic Conduct Board, which shall be appointed by the Vice Chancellor for Enrollment Management and Student Life. The members and a chair shall be appointed for a term of one year. The Vice Chancellor may revoke or extend appointments. At least one-half of the members of the Board shall be students currently enrolled at the University of Michigan-Dearborn.

C. STUDENT RIGHTS HEARINGS

Formal charges of violation by a student of Student Rights shall be referred by the University Ombudsman for adjudication by the Conduct Hearing Board most appropriate and relevant to the type of right alleged to have been violated. Formal charges against a University employee of violation of Student Rights shall be referred by the University Ombudsman to the appropriate University adjudication resources.

D. AFFIRMATIVE ACTION HEARINGS

Formal charges of violation by a student of Affirmative Action Policies shall be referred by the Affirmative Action Coordinator for adjudication by the Non-Academic Conduct Hearing Board.

Formal charges of violation by a University employee of Affirmative Action Policies shall be referred by the Affirmative Action Coordinator to the appropriate University adjudication resources.

SECTION 7. PROCEDURAL CRITERIA

The structure, format, and membership of each Hearing Board shall be determined by the unit responsible for conducting the Hearing. Common to all Hearing Boards will be the expectations that:

A.     The membership will include at least one student; it is recommended that one-half of the members be students.

B.     Generic information regarding processes established, procedures utilized, decisions reached, and sanctions imposed by the Hearing Board will be provided to the Judicial Council. (see Section 11)

C.     The following procedural guidelines will be employed in determining guilt or innocence.

1. The Hearing Board Chair shall give the respondent(s) notice of the hearing date and the specific charges made at least five (5) business days in advance of the hearing. The hearing date should be set for a date within twenty (20) business days after the referral for hearing.
2. Members of the Hearing Board are expected to approach the hearing with an open mind. Prior to the hearing, they may offer to excuse themselves if they perceive any potential conflict of interest. Replacements for excused members will then be selected in the manner described in Section 6.
3. Prior to the hearing, the respondent(s), complainant(s), or any Board member(s) may challenge any Board member on the grounds of personal bias. Board members shall be disqualified if a majority of the remaining members of the Board agree that the challenged members may be biased. Replacements for successfully challenged members will be selected in the manner described in Section 6.
4. Hearings shall be closed to the public, except if prohibited by law or if it is the preference of both the complainant and the respondent that the hearing be open to the public.
5. If a respondent fails to appear after proper notice, the hearing may proceed, findings may be made, and sanctions may be imposed without the respondent's participation.
6. Respondents have the right to remain silent at the hearing.
7. The Hearing Board Chair may request the appearance of witnesses upon his/her initiative, or upon the request of any Board member or the respondent, or the complainant. University students and employees are required to comply with requests to appear as witnesses.
8. Witnesses shall be asked to affirm that their testimony is truthful. They may be subject to sanctions by the Board with respect to charges of intentionally furnishing false information to the University.
9. Prospective witnesses, other than the complainant and the respondent, will be excluded from the hearing during testimony of other witnesses. All parties, the witnesses, and public shall be excluded during Board deliberations.
10. The Hearing Board Chair shall exercise control over the hearing to avoid needless consumption of time and to prevent the harassment or intimidation of witnesses.
11. Any person who disrupts a hearing or who fails to adhere to rulings of the Hearing Board Chair may be immediately removed from the proceedings and may be subject to the imposition of appropriate sanctions by the Board. If he/she continues to be disruptive, the Hearing Board Chair has the right to remove that person for the duration of the hearing and to continue and conclude the hearing. Any respondent who is removed partially or completely from the hearing continues to have the right to hear and respond to all testimonies rendered in his/her absence.
12. Hearings must be recorded verbatim.
13. A report shall be made to the Affirmative Action Coordinator regarding the outcome of any case involving discrimination or harassment.
14. To find a respondent guilty, the Hearing Board must be convinced of the guilt of the respondent by a preponderance of the evidence.
15. Formal rules of evidence shall not be applicable in disciplinary proceedings conducted pursuant to this system. The Hearing Board Chair shall adhere to appropriate commitments of confidentiality and rules of privilege, but may otherwise at his/her discretion admit all matters into evidence that reasonable persons would accept as having probative value in the conduct of their affairs. Unduly repetitious or irrelevant evidence may be excluded.
16. Respondents shall be accorded an opportunity to question information presented against them at the hearing.
17. Affidavits may be admitted into evidence at the discretion of the Hearing Board Chair. However, said affidavits shall not be in lieu of the mandates stated within Section 7.C., 5 and 7.
18. The Hearing Board may consider what a student at this level of academic experience can be expected to know, as a standard against which the respondent's behavior may be judged.
19. The Hearing Board Chair may consult with the appropriate University officials at any time concerning questions of procedure or admissibility of evidence.
20. After completion of the hearing, the Board shall meet in private to make, by a majority vote of the members of the Hearing Board, decisions as to guilt or innocence.
21. Subsequent to a determination of guilt and prior to the determination of sanctions, the respondent(s) may submit evidence or make statements concerning the appropriate sanctions to be imposed. The past disciplinary record of the respondent may at this time be presented and considered in the determination of sanctions.
22. Thereafter, the Hearing Board, or the designees of the unit in which the hearing is conducted, shall determine the sanction(s) to be imposed.
23. Final decisions of all Hearings shall be accompanied by a summary of the testimony and a brief opinion. The decision and opinions, and sanctions shall be presented in writing within ten (10) business days after the completion of the hearing to the Judicial Council, the Dean of the college/school in which the respondent is enrolled, the Vice Chancellor for Enrollment Management and Student Life, the respondent, and the complainant.
24. The Vice Chancellor for Enrollment Management and Student Life shall assign/refer for implementation any institutional response or participatory actions identified in the sanctions to the appropriate University entity.
    The Enrollment Management and Student Life Proceedings Advisor shall monitor the violator's compliance with, and completion of, the terms of the sanctions and shall inform the Vice Chancellor for Enrollment Management and Student Life of the violator's success or failure in fulfilling the sanctions.

SECTION 8. ADVISORS

Respondents or complainants participating in any hearing may be accompanied by an advisor. Such advisor may advise on the preparation and presentation of the case, but except for advising the respondent or the complainant, the advisor may only participate in the hearing at the discretion of the Hearing Board Chair. An advisor may not appear in lieu of a respondent, unless the Hearing Board Chair determines that appearing will be impossible or will create extreme hardship for the respondent.

SECTION 9. APPEALS

Any disciplinary determination may be appealed by the respondent or the complainant to the Code Appeals Board, via the Vice Chancellor for Enrollment Management and Student Life or the Provost

A.     Grounds for appeal shall be limited to one or more of the following claims:

1. The decision of the Hearing Board was arbitrary or capricious.
2. The sanctions imposed by the Hearing Board were significantly disproportionate to the offense.
3. Specified procedural errors in interpretation of the University regulations occurred that were so substantial as to effectively deny the respondent a fair hearing.
4. New and significant evidence only became available after the original hearing.
5. The respondent, who was determined to have committed an offense by the Hearing Board, was subsequently found not guilty of the same offense by a criminal court.

B.     Code Appeals Board actions shall be limited to

1. Reducing sanctions if they are found to be significantly disproportionate to the offense.
2. Remanding cases to the original or a new Hearing Board (a.) if the findings are held to be arbitrary or capricious or (b.) if specified procedural errors or errors in interpretation of University regulations were so substantial as to effectively deny the respondent a fair hearing or (c.) if new and significant evidence only became available after the original hearing concluded.

C.     The Code Appeals Board shall be convened and chaired by the Provost, or his/her designee, and be comprised of five voting members: two students, two faculty, and one staff. A quorum shall consist of four voting members with the Chair voting only to resolve a tie-vote by the members.

Student Board members shall be appointed by Student Government for one year terms. Appointees need not be members of Student Government but must be enrolled as students during their entire terms of appointment. To be eligible for Board membership, the student must have completed 45 college credit hours, be in good academic standing, and be under no current restrictions as a result of Code violation.

Faculty Board members shall be appointed by the Faculty Senate for three year terms, which shall be so adjusted that they shall not both expire in the same year. Appointees need not be members of the Faculty Senate, but they must hold tenured positions as associate or full professors.

The Staff Board member shall be appointed by the Staff Senate for a three year term. The appointee need not be a member of the Staff Senate but must be a permanent employee in a Professional-Administrative position.

D.     In the case being presented for appellate review was heard by the Non-Academic Conduct Hearing Board, the Academic Conduct Proceedings Advisor, or the Ombudsman, shall serve as a hearings-process consultant to the Code Appeals Board. If the case being presented for appellate review was heard by an Academic Conduct Hearing Board, the Non Academic Conduct Proceedings Advisor shall serve as a hearing- process consultant to the Code Appeals Board.

E.     Notice of appeal must be submitted in writing to the Code Appeals Board within five (5) business days from the date of receipt of the letters notifying the respondent and the complainant of the final decision of the Hearing Board. Failure to appeal within the allotted time will render the original decision final and conclusive.

F.     A written statement in support of the appeal must be submitted to the Code Appeals Board within ten (10) business days from the date of the receipt of letters notifying the respondent and the complainant 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.

G.      Appeals shall be decided upon the record of the original hearing and upon the written statements submitted by the parties. The Code Appeals Board may hear oral argument and/or may decide the appeal based upon the written record and briefs.

H.     The imposition of sanctions, normally, will be deferred during the pendency of appellate proceedings, at the discretion of the Code Appeals Board.

If a respondent who is determined to have committed an offense by a Hearing Board is subsequently found not guilty of the same offense by a criminal court, the respondent shall have a right to an appeal. The respondent must submit a request in writing to the Code Appeals Board within ten (10) business days after the date of the criminal court decision. A written brief in support of the appeal must be submitted to the Code Appeals Board within fifteen (15) business days after 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/or appeal final and conclusive.

SECTION 10. CLEMENCY

The Chancellor of the University shall have the power of executive clemency.

SECTION 11. JUDICIAL COUNCIL

The members of the Judicial Council shall be the Academic Affairs Proceedings Advisor, the Enrollment Management and Student Life Proceedings Advisor, the University Ombudsman, and the Affirmative Action Coordinator. The Council shall be chaired and convened by the Ombudsman.

It shall be the responsibility of the Judicial Council to:

A.     Provide process and procedural guidance.

B.     Monitor the structure and process of Hearing Boards in respect to meeting the guidelines defined in the Code Judicial System.

C.     Provide training for Hearing Board Members.

D.     Determine the appropriate venue for any cases in which the type(s) of violation(s) are not clearly or solely either nonacademic or academic misconduct, or in which the academic misconduct may fall within the purview of more than one academic unit.

E.     Receive reports of all case resolutions, provide relevant sanction information to the appropriate Dean and/or administrator(s), and produce an annual, statistical summary of all informal and formal adjudication actions.

SECTION 12. TIME LIMITS

For good cause, any time limit in these procedures may be extended by the Vice Chancellor for Enrollment Management and Student Life or the Provost.

SECTION 13. INTERIM SUSPENSION OR SPECIFIED RESTRICTIONS

A.     The Vice Chancellor for Enrollment Management and Student Life or a designee may suspend a student for an interim period pending disciplinary proceedings or medical evaluation. Such interim suspensions will become immediately effective without prior notice, whenever there is evidence that the continued presence of the student on the University campus poses a substantial threat to him/herself or to others or to the stability and continuance of normal University function.

B.     Before a student is suspended on an interim basis, he/she shall be given an opportunity to appear personally before the Vice Chancellor for Enrollment Management and Student Life or a designee. 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/her identity.
2. Whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on the University campus poses a substantial threat to him/herself or to others or to the stability and continuance of normal University function.

C.     The Vice Chancellor for Enrollment Management and Student Life or a designee may institute specific restrictions on a respondent's behavior for an interim period pending disciplinary proceedings.

D.     In cases in which it is determined that the student's offensive conduct was related to a psychological disability, the Vice Chancellor for Enrollment Management and Student Life or a designee may allow the student leave time for psychological rehabilitation before final expulsion. The decisions as to expulsion or readmission shall be made by the Vice Chancellor for Enrollment Management and Student Life or a designee based upon opinion evidence from a mental health professional. The Vice Chancellor for Enrollment Management and Student Life or a designee may appoint an ad hoc hearing board or hear the case for expulsion and/or readmission.

E.     In cases where a petition for readmission is required, the decision as to eligibility for readmission shall be made by the Vice Chancellor for Enrollment Management and Student Life or a designee. The Vice Chancellor for Enrollment Management and Student Life or a designee may appoint an ad hoc hearing board to hear the case.

SECTION 14. OTHER AUTHORITY

Nothing in this document shall operate in derogation of any Regents' Bylaw, any collective bargaining or other contractual relationship of the University, nor shall it be construed to limit the authority of the Chancellor to maintain health, diligence, and order among students under Regents' Bylaw 2.02.

Members of the University community are accountable to both external civil authorities and to the University for acts which constitute violations of law and of the Code. Disciplinary action at the University will normally proceed during external civil or criminal proceedings and will not be subject to challenge on the ground that external civil or criminal charges involving the same incident are pending or have been invoked, dismissed, or reduced.

SECTION 15. JUDICIAL SYSTEM FLOW CHART