USCA STUDENT HANDBOOK, 2003-2004
JUDICIAL PROCESS
Student
Judical Process
The University of South Carolina Aiken, as an institution of
higher education, accepts its obligation to provide for its students, faculty
and staff an atmosphere that protects and promotes its educational
mission and guarantees its effective operation. To accomplish these goals,
the University must require certain standards of conduct. All students,
faculty and staff at the University share the responsibility to respect:
The Student Judicial Policy is the essential component in guaranteeing
due process for students at the University of South Carolina Aiken. This policy
describes procedures for addressing 1) Violations of the Academic Code of Conduct
and 2) Violations of the Non-Academic Code of Conduct, including violations
by Student Organizations. Each of these processes is addressed in a separate
section of this document. The Academic Code of Conduct begins on page
16 and the Non-Academic Code of Conduct may be found on page 20. Procedures
for redress in cases of sexual harassment are outlined in the USC Sexual Harassment
Policy, a copy of which is available at the Student Life Office, the Office
of Human Resources, and the circulation desk of the USCA Library.
Definitions
Campus Judicial Officer
The Associate Chancellor for Student Life and Services designates
the Director of Housing and Judicial Affairs as the Campus Judicial Officer
for violations of the Non-Academic Code of Conduct. The Campus Judicial
Officer implements policies and procedures, in cooperation with other appropriate
bodies, for the judicial consideration of conduct violations and the imposition
of sanctions in an efficient, consistent, fair, legal, and educationally meaningful
manner.
Class Day
A class day is any weekday in which the University is in session
according to the academic calendar. If the student is unable to meet stated
deadlines due to the end of classes or due to the summer school schedule, the
student must notify the Campus Judicial Officer or Chair of the University Judicial
Board within ten (10) days of receipt of notification of his/her intentions
to file when classes resume.
Hearing Officer
A Hearing Officer is a professional staff member designated
by the Campus Judicial Officer to adjudicate minor violations of the Non-Academic
Student Code of Conduct. Hearing Officers include the Director of Student
Activities, the Assistant Director of Student Activities, and the Assistant
Director of Housing and Residence Life.
Judicial Procedures Advisor
A Judicial Procedures Advisor is a faculty member who serves
as an advisor to an accused student or student organization. The Judicial Procedures
Advisor is an ex-officio in any student disciplinary procedure.The Judicial
Procedures Advisor will maintain an objective position in advising the student
or student organization. The Judicial Procedures Advisor is not an advocate
who sides with either principal party involved in the disciplinary procedure;
this individual is an advisor to guide the student in the procedures and in
the unbiased collection of evidence to be used at a hearing, if such is necessary.
Student
For the purpose of this policy a "student" is defined as any
person who is admitted, enrolled, or registered as a student at USCA for any
academic period. In addition, persons who are not officially enrolled for a
particular term but who have a continuing student relationship with, or an educational
interest in, USCA are considered "students." A person shall also be considered
a student during any period that follows the end of either the Spring or Fall
semester that the student has completed until the last day of registration for
the next succeeding semester. A person shall also be considered a student during
any period while the student is under suspension from the institution or when
the person is attending or participating in any activity preparatory to the
beginning of school including, but not limited to, orientation, placement testing,
and residence hall check-in.
Preponderance of the Evidence
The preponderance of the evidence is a standard of proof that
indicates that the evidence provided shows that “more likely than not”
a violation occurred.
University Judicial Board (UJB)
The University Judicial Board is a group of students and faculty
who review cases in which there are alleged violations of the Academic or Non-Academic
Code of Conduct in an effort to determine if a violation(s) took place and what
appropriate sanction(s) should be assigned.
Academic Code of
Conduct
Academic Integrity
Academic Integrity is the guiding principle of all aspects of
the educational process. It is defined as respect for one’s own
work and the work of others. By becoming a member of the University of
South Carolina Aiken community, each individual agrees to abide by this principle.
The principle of Academic Integrity and all procedures supporting it shall be
referred to as the “Academic Code of Conduct”. It is
the responsibility of every student at USCA to be familiar with the “Code”,
to adhere steadfastly to truthfulness and to avoid dishonesty, fraud, or deceit
of any type in connection with any *academic requirements. Any student who violates
this principle, attempts to violate it or who knowingly assists another in violating
it shall be subject to discipline. As members of the USCA community, it
is also the responsibility of every student, faculty and staff member to report
violations of academic integrity to the faculty member in whose course these
violations took place or to another person of authority such as a department
chair/school head.
The principle of Academic Integrity prohibits all forms of academic dishonesty – including cheating, lying, bribery and plagiarism. The following examples illustrate conduct that violates Academic Integrity, but this list is not exhaustive.
1. Giving or receiving unauthorized assistance, or attempting to give or receive such assistance in connection with the performance of any academic work.
2. Unauthorized use of materials or information of any type or the unauthorized use of any electronic or mechanical device in connection with the completion of any academic work.
3. Access to the contents of any test or examination or the purchase, sale, or theft of any test or examination prior to its administration.
4. Use of another person’s work without proper acknowledgment of source, i.e. plagiarism.
5. Intentional misleading of any person in connection with any academic work (including the scheduling, completion, performance, or submission of any such work).
6. Offering or giving any favor or thing of value for the purpose of influencing improperly a grade or other evaluation of a student in an academic program.
7. Conduct intended to interfere with an instructor’s ability to evaluate accurately a student’s competency or performance in an academic program.
Only the appropriate faculty member can “authorize” assistance, use of materials, etc. Whenever a student is uncertain as to whether conduct would violate Academic Integrity, it is the responsibility of the student to seek clarification from the appropriate faculty member prior to engaging in such conduct.
*Academic requirements include works submitted for academic progression or graduation or any graduate or undergraduate course work.
Honor Pledge:
As a commitment to maintain Academic Integrity and accept academic
responsibility, the following statement should appear on all major examinations
and assignments:
On my honor as a University of South Carolina Aiken student, I have completed my work according to the principle of Academic Integrity. I have neither given nor received any unauthorized aid on this assignment/examination
_______________________________________________
Signature Date
Student Responsibility:
a) To conduct all academic work within the letter and the
spirit of Academic Integrity, which prohibits giving or receiving
unauthorized aid in all academic endeavors.
b) To sign the Honor
Pledge on all graded academic work certifying that no unauthorized
assistance has been received or given in the completion of the work.
Student Judicial Process Chart
c) To consult with faculty and other sources to clarify
the meaning of plagiarism and to learn the recognized techniques
of proper attribution of sources used to prepare assignments.
d) To consult with faculty to identify allowable resource materials or aids to be used during examinations or completion of any graded work.
e) To maintain the confidentiality of examinations by divulging no information directly or indirectly, to another student who has not yet taken that same examination.
f) To report observed Academic Integrity violations in a timely manner. When possible, violations should be reported to the faculty member in whose course these violations took place.
Consequences for the Violation of Academic Integrity:
1. Student may receive a 0 or F on the assignment or requirement for which the violation occurred. A letter may be sent as specified under Record of Violations.
2. Student may receive
an F in the course or requirement for which the violation occurred.
A letter must be sent as specified under Record of
Violations.
Consequences number one and two may be imposed by the faculty member teaching the course in which the violation occurred.
3. Student
may receive further sanctions including:
a. Expulsion
-
Dismissal from the University without the possibility of readmittance.
b. Suspension
for a Period of Time -
Denial of enrollment, attendance, and other privileges at the
University for a specified period of time. Permission to reapply
for readmission upon termination of the period may be granted with
or without qualifications.
c. Disciplinary
Probation –
Disciplinary probation is a period of review and observation
during which a student is under an official warning that his or her misconduct
was very serious. While on disciplinary probation, a student may be considered
to be “not in good standing” and may face specific limitations on
his or her behavior and/or University privileges (see Conditions). Subsequent
violations of university rules, regulations, or policies are likely to result
in a more severe sanction including suspension from the University.
d. Conditions –
Conditions include limitations upon a student’s behavior
and/or University privileges for a period of time, or a stipulation in conjunction
with another sanction. This sanction may include, (but is not imited to):
denial of the right to represent the University in any way, restrictions on
participation in cocurricular activities, denial of parking privileges or access
to campus facilities including computer labs or the Wellness Center.
e. Reprimand –
A reprimand is an official rebuke making conduct a matter of
record in University files. Any further misconduct could result in further
disciplinary action.
f. Educational Sanction
–
Educational sanctions may include, (but are not limited to),
attendance at or participation in a program or community service, program development,
and researching and writing a paper on a topic related to the violation.
The sanctions listed above (a. through f.) may be imposed by the University Judicial Board or at higher levels in the judicial process.
Record of Violations
Violations are recorded
as follows:
1. When a faculty member assigns a student a 0 or F for a violation
on a major exam, assignment or requirement, the faculty member must send a *letter
to the Associate Chancellor for Student Life and Services. A major exam,
assignment or requirement is one that represents 20% or more of the final grade
for the course. A faculty member has the right to send letters for
other violations of Academic Integrity provided that the faculty member has
clearly defined, in the syllabus, circumstances under which letters would be
sent.
2. When a faculty member assigns a student an F in the course
for a violation, the faculty member must send a *letter to the Associate Chancellor
for Student Life and Services.
Faculty members should send letters within ten (10) class days of assigning the grade and inform the student in writing (by certified mail) of the action taken.
*A letter is a correspondence addressed to the student and copied to the Associate Chancellor for Student Life and Services. It must state the violation, the sanction imposed and the student’s right to appeal.
Recurring Violations of Academic Integrity:
To insure that students do not continue to violate academic integrity intentionally or unintentionally, confidential files for violations shall be maintained by the Associate Chancellor for Student Life and Services and a University Judicial Board (UJB) hearing held upon the accumulation of three violations. The purpose of the UJB hearing is to consider the pattern of a student’s behavior. When three violation letters have been received, the Associate Chancellor shall:
1. Request a hearing by
the University Judicial Board (UJB). The request must be made within ten
(10) class days from receipt of the third letter;
2. Notify the student in writing (certified mail) of the request;
and
3. Forward these letters to the UJB Chair for use during the
hearing. Once the confidential file has been made a part of a UJB hearing,
it shall become a part of the permanent record of that hearing and shall no
longer exist as a separate file in the office of the Associate Chancellor for
Student Life and Services.
Due Process for Cases of Alleged Violations of Academic Integrity
Faculty Options:
After imposing either penalty number one or two, the faculty
member may also seek further sanctions (within ten (10) class days) by:
1. Requesting a
hearing by the University Judicial Board through the UJB Chair; and
2. Informing the student in writing (by certified mail)
of the request for a hearing.
Student Options:
A student may accept the penalty imposed by the faculty member
for violating academic integrity or he/she may appeal the penalty to the University
Judicial Board. The student must request a hearing by the UJB in writing.
The student's written request for a hearing should be sent by certified mail
or hand-delivered to the Campus Judicial Officer. Such a request must be done
within seven (7) class days of being made aware of a penalty for violating academic
integrity.
Judicial Board Hearing:
Any of the following actions will initiate a University Judicial Board hearing:
1. Request by faculty
member
2. Appeal by student
3. Request by the Associate Chancellor for Student Life and
Services upon the receipt of the third violation letter
The UJB may impose sanctions or it may confirm, alter or reverse previously imposed penalties. In the case of a student appeal of a faculty imposed sanction, the UJB may not impose a penalty stronger than the initial one.
Procedures:
(See Information Regarding Administrative Hearings and Hearings of the University Judicial Board p. 32)
Appeal Options following UJB Decision
a. The faculty member or student may accept the decision of the University Judicial Board (case closed) or disagree and appeal the case to the Vice Chancellor for Academic Affairs. The faculty member or student must file a written request (certified mail) with the Vice Chancellor within seven (7) class days after receiving the decision of the UJB.
b. The Vice Chancellor’s decision to uphold or overturn the UJB decision, based upon a review of the evidence, must be returned within fifteen (15) class days. The Vice Chancellor may or may not summon any principal in the case. The Vice Chancellor may either confirm or reverse the decision of the UJB, or may alter the sanctions specified by the UJB. In the case of a student appeal, the Vice Chancellor may not impose a penalty stronger than the sanction specified by the UJB. A written report of the Vice Chancellor’s decision will be sent to the faculty member, student (certified mail) directly involved in the appeal. Copies of the report will also be sent to the Department Chair/School Head and, in a case involving recurring violations, the Associate Chancellor for Student Life and Services.
c. If the faculty member or student is unsatisfied with the decision, he/she may take the case to the Chancellor of USCA. The Chancellor will review all materials pertaining to the hearing and arrive at a decision within fifteen (15) class days. The Chancellor may or may not summon any principal in the case. The Chancellor may either confirm or reverse the decision of the Vice Chancellor, or may alter the sanctions. In the case of a student appeal, the Chancellor may not impose a penalty stronger than the sanction specified by the Vice Chancellor. A written report of the Chancellor’s decision will be sent to the Vice Chancellor for Academic Affairs, the faculty member, and the student (certified mail) directly involved in the appeal. In a case involving recurring violations, a copy of the report will be sent to the Associate Chancellor for Student Life and Services.
Final Disposition
The Vice Chancellor for Academic Affairs will be responsible for implementing sanctions imposed by the UJB or any level higher in the appeals process. The Vice Chancellor will also inform the Registrar’s Office if the sanctions require any restrictions on the student’s future enrollment. The Vice Chancellor will keep records of all foregoing procedures in a confidential file.
Student Non-Academic Discipline System
I. INTRODUCTION
A. The discipline system extends and applies the general principles
of the Statement of Student Rights and Freedoms within the academic community
to specific actions and responsibilities of students and student organizations
at the University of South Carolina Aiken. It accepts the proposition that “academic
institutions exist for the transmission of knowledge, the pursuit of truth,
the development of students, and the general well-being of society, and that
free inquiry and free expression are indispensable to the attainment of these
goals.”
B. As such the University strives to maintain an educational community which fosters the development of students who are ethically sensitive and responsible persons.
C. The University of South Carolina Aiken strives to protect this educational community and to maintain social discipline among its students. Consistent with its purposes, reasonable efforts will be made to foster the personal and social development of those students who are held accountable for violations of University social regulations.
D. The purpose of this document is to set forth the specific authority and responsibility of the university in maintaining social discipline, the educational process of determining student and student organization accountability for violating the regulations, and the proper procedural safe-guards to be followed in this process to insure fundamental fairness and protect the students and student organizations from unfair imposition of serious penalties and sanctions.
II. APPLICATION OF LAWS AND REGULATIONS
A. Students should be aware that educational institutions are
not sanctuaries beyond the reach of the criminal laws of the communities and
states where in such institutions exist. While the rules and regulations
of the University of South Carolina Aiken are not meant to duplicate general
laws, there are some aspects in which the lawful interest of the institution
as an academic community coincide with the broader public interests treated
in general laws. Students who commit offenses against the laws of municipalities,
states, or the United States, are subject to prosecution by those authorities
and may be subject to disciplinary action under university rules when their
conduct violates Institutional standards.
B. Students, no less than other citizens, are entitled to be secure in their persons, lodgings, papers, and effects against unreasonable searches and seizures. Searches and seizures by law enforcement personnel incident to investigations or arrests are conducted only under proper warrant. This does not prohibit normal inspections of facilities for maintenance, health, or safety purposes.
NOTE: Housing and Residence Life policies also allow for the entrance and inspection of student housing units if there is reason to believe that a violation of law or University policy exists, or for life safety and/or emergency circumstances.
C. Students enjoy the same freedoms of speech and peaceable assembly as all citizens, but they are under certain legal obligations in the exercise of these freedoms by virtue of their membership in the University community. Expression may be subjected to reasonable regulations of time, place, number of persons, and form under established regulations. Expression in the form of action that materially interferes with the normal activities of the institution or invades the rights of others is prohibited. The University is pledged to protect lawful exercise of the rights of free speech and assembly and will invoke appropriate legal and disciplinary sanctions when necessary in the pursuit of this goal.
D. Students who are apprehended and charged by law enforcement agencies with felony criminal conduct on or off campus are required to inform the Campus Judicial Officer.
E. The standard of proof
required in University judicial processes differs from that required in criminal
judicial processes. In University judicial processes, the standard of
proof required to find a person responsible for a violation is that of the preponderance
of the evidence. That is, if the evidence provided indicates that “more
likely than not” the violation occurred, the student will be held accountable
for that violation.
III. AUTHORITY AND RESPONSIBILITY
A. Responsibility for good conduct rests with students
as individuals. All members of the University community are to use reasonable
judgment in their daily campus life and to show due concern for the welfare
and rights of others.
B. The Board of Trustees is the governing body of the University and the powers of the President, the Chancellor, and the faculty are delegated by the Board in accordance with policies. The faculty, subject to review by the Chancellor, the President and the Board of Trustees, has legislative powers in all matters pertaining to the discipline of students and student organizations.
C. The Associate Chancellor for Student Life and Services is responsible for the judicial system that adjudicates violations of the Non-Academic Code of Conduct. The Associate Chancellor delegates responsibility for the day-to-day operation of the system to the Director of Housing and Judicial Affairs, who serves as the Campus Judicial Officer. The Campus Judicial Officer has designees, referred to as Hearing Officers, for specific cases. These Hearing Officers include, but are not limited to, the Director of Student Activities, the Assistant Director of Student Activities, and the Assistant Director of Housing and Residence Life.
D. Student Government, as an elected and representative voice of the student body, has the right to comment on any proposed changes pertaining to the discipline of students.
E. The Campus Life Committee has the right to propose changes to the Non-Academic Code of Conduct, when appropriate. A report will be submitted to the Campus Life Committee in the Fall of each year detailing, without student names, the following: the behaviors which led to disciplinary action; the type of hearing; the decision of the hearing authority, including any sanctions; and general demographic data and student status for the student(s) charged.
IV. GENERAL STUDENT CONDUCT REGULATIONS
A. This section establishes the rules and regulations all students
of the University of South Carolina Aiken are expected to follow under the duty
and corollary powers inherent in educational institutions to protect their educational
purposes through the setting of standards of student conduct and scholarship
and through the regulation of the use of University facilities.
B. Students have a right to expect enforcement of these rules and regulations. The University also has the right to expect students to abide by them as befits the responsibilities of students as members of the University community. Knowledge of these rules and regulations can prove beneficial to students in utilizing and protecting their guarded rights. It is important to add, however, that unfamiliarity with institutional regulations or rules is no ground for excusing infractions.
C. Scope of Application—The University may take disciplinary action for a violation of the Non-Academic Code of Conduct when the offense takes place on University premises or at University sponsored, endorsed, supported or related events which occur off campus. The University may also take disciplinary action for off-campus offenses that are not related to the University when failure to do so is likely to interfere with the educational processes or orderly operation of the University, or endanger the health, safety, or welfare of the University community.
D. Conduct Regulations
of the
Non-Academic Code of Conduct
The following statements constitute the official record
of all general conduct rules and regulations at the University of South Carolina
Aiken. Students are expected to abide by these regulations and administrators
are expected to enforce them. These regulations should be read broadly
and are not designed to define prohibited conduct in exhaustive terms.
Additional rules and regulations may be promulgated during the year; announcements
will be made upon adoption of the changes or additions.
NOTE: Attempting, abetting, or being an accessory to any act prohibited by the General Student Conduct Regulations shall be considered the same as a completed violation.
1. Non-Compliance
with General Laws
Students involved in violations of any federal, state, or local
laws may be subject to disciplinary action. Any disciplinary action imposed
by the University may precede and be in addition to any penalty imposed by an
off-campus authority. Students who are apprehended and charged by law enforcement
agencies with felony criminal conduct on or off campus are required to inform
the Campus Judicial Officer.
2. Damage
to Property
Damage to or destruction of property owned or operated by the
university, its students, faculty, administration and staff, or of another institution
is prohibited. Conductwhich threatens to damage, or creates hazardous
conditions such as dropping, throwing, or causing objects or substances to fall
from windows, doors, balconies or roofs is also prohibited. This includes,
but is not limited to, unauthorized application of graffiti, painting, etc.
3. Firearms
and Other Deadly Weapons
The unauthorized possession or use of firearms, or weapons of
any other kind such as knives, slingshots, metal knuckles, razors, or any other
dangerous instrument is prohibited.
4. Flammable
Materials and Fireworks
The ignition or detonation of anything that could cause damage
by fire, explosion, or similar means to persons or property, or possession of
anything in the nature of fireworks or explosives, is prohibited on any property
owned or operated by the University without prior University authorization.
5.
Arson
No person shall start a fire on University property without
University authorization, and willful damage to property (as described above)
shall be prosecuted as arson when appropriate.
6. Emergency
Alarms and Emergency Equipment
No person shall make, or cause to be made, a false fire alarm,
bomb threat or emergency report of any kind. No person shall tamper with,
damage, disable or misuse fire or other safety equipment.
Note to resident students: Students found in violation of tampering with, damaging, and/or disabling fire safety equipment at Pacer Downs are also subject to fines.
7.
Gambling
Gambling is not permitted on campus.
8. Theft or Misappropriation
Theft of any kind, including seizing, receiving, or concealing
property with knowledge that it has been stolen, is forbidden. Sale, possession,
or misappropriation of any property, including USCA property, without the owner’s
permission is also prohibited. Property that is found shall be turned in to
the USCA Public Safety Office.
9. Unauthorized
Sale of Textbooks
The sale of a textbook by any student who does not own the book
is prohibited without prior written authorization from the owner of the book.
Books that are found shall be turned in to the USCA Public Safety Office.
10.
Disorderly Conduct
Individual or group behavior which unnecessarily disturbs individuals
or groups is prohibited. Such conduct includes (but is not limited to) physical
assault or threat of assault, hazing, and boisterous conduct which is unreasonable
in the area, time or manner in which it occurs.
11.
Misuse of University Documents
Forgery, alteration, or misuse of any University document(s)
or record(s), including providing false information or withholding material
information from the University, is forbidden.
12.
Fraud or Lying
Lying or fraudulent misrepresentation in, or with regard to,
any transaction with the University, whether oral or written, is prohibited,
including misrepresenting the truth before a hearing of the University or making
a false statement to a University official.
13.
University Identification Cards
Lending a University ID card to anyone, failing to present an
ID card when requested by a University official, or altering an ID card may
subject the owner and/or the holder to disciplinary action.
14.
Failure to Respond to Official Requests
Students must comply with the reasonable and lawful requests
of University employees acting in the performance of their duties. Students
are expected to appear at disciplinary hearings to respond to allegations or
testify as a witness when reasonably notified to do so. A failure to properly
comply with or complete a sanction or obligation resulting from a disciplinary
hearing or adjudication may be considered a violation of an official request.
A registration hold may be placed on a student’s records until such time
as the student complies with the request.
15. Unauthorized
Presence In and Use of University Facilities
Unauthorized entry into, presence in, or use of University facilities
or property is prohibited. Unauthorized entry into any faculty or administrative
office, unauthorized entry into a faculty member’s or administrator’s
automobile, or unauthorized access to student records will be considered a violation
of the Academic Code of Conduct of the Student Judicial Policy.
16.
Misuse of Keys
No person may use or possess any University key without proper
authorization. No student is allowed under any condition to have a University
key duplicated.
Note to resident students: Loaning residence hall keys to a person not assigned to that room/apartment is considered a violation of this regulation.
17. Disruptive
Activity
No person may interfere with or disrupt the normal activity
and operations of students, faculty, administration, or staff of this institution
or its buildings or facilities. Any form of expression that materially
interferes with such activities and operations or invades the rights of persons
may be proscribed or prohibited.
NOTE: To remain in the vicinity of activity which threatens to disrupt or is disrupting normal University functions may have serious legal and disciplinary implications. Bystanders as well as more active participants in the disruptive activity may be charged with jointly engaging in an enterprise which is prohibited by law. Students should accordingly avoid the scene of any disruptive or potentially disruptive action. In any case, failure to leave when asked to disperse by University or law enforcement officials will result in disciplinary and/or legal action.
NOTE: In any case where students of the University of South Carolina Aiken are involved in action which is disruptive of the normal activities of the institution or its personnel, or which exceeds the bounds of normal internal discipline in its impact, the Board of Trustees may exercise its right to name a Special Hearing Board, Committee, or officer to investigate the questioned action and to initiate appropriate disciplinary or other measures.
18.
Misuse of Telephones and other Communication Equipment
No student shall misuse or abuse or assist in the misuse or
abuse of communication equipment at the University. Such activity includes,
but is not limited to, using any form of communication equipment to harass or
threaten any person or persons, making unauthorized calls on University telephones,
or using any form of communication equipment to disrupt the normal operations
or activities of any person, organization, or the University. Communication
equipment includes, but is not limited to, telephones, electronic mail, pagers,
computers, printers, etc.
The viewing of pornography on University computers is forbidden. The viewing of child pornography is ILLEGAL and is subject to prosecution by local, state, or federal authorities.
19.
Alcoholic Beverages
It is unlawful and therefore a violation of the Non-Academic
Code of Conduct, for a student to violate any provision of the USCA Policy on
the Use of Alcohol by Students, which is stipulated in the Student Handbook.
Note to resident students: The Office of Housing and Residence Life has developed and published specific regulations in the Pacer Downs Handbook concerning alcohol use, including where it may be consumed, who may consume, and who may be present when alcohol is being served/consumed.
20.
Drugs
The possession, use, manufacture, sale, or distribution of any
counterfeit, illegal, dangerous, or controlled drug without a prescription or
the possession of drug paraphernalia, such as pipes, bongs or any items modified
or adapted so that they can be used to consume drugs are not permitted on University
premises or at any University sponsored activity.
Note to resident students: The Office of Housing and Residence Life has developed and published an explanation of sanctions in the Pacer Downs Handbook related to students who use, purchase, possess, or sell drugs, which includes the immediate termination of the Housing Contract by the University.
21.
Student Housing
Violation of any student housing regulation is prohibited.
These regulations may be found in the “Pacer Downs Handbook.”
These policies extend to residents, as well as guests and visitors, although
students living in campus housing will be held responsible for the actions of
their guests.
22. University
Policies and Procedures
Failure to abide by any published University policy or procedure
is prohibited, including, but not limited to the Sexual Assault, Use of Alcohol,
Use of Drugs, Hazing and Computer Use Policies.
V. PROCEDURES FOR RESPONDING TO VIOLATIONS OF THE NONACADEMIC CODE OF CONDUCT
A.
Jurisdiction
1. Major Violations
a. Major Violations are serious or repeat violations of the Non-Academic Code
of Conduct. Determination of “Major Violation”
status is made by the Campus Judicial Officer.
b. Major Violations may include, but are not limited to, sexual assault, use
or sale of drugs, arson, and theft. Repeated minor
violations may also be classified as a “major violation.”
c. Major Violations are adjudicated via Formal Administrative or University
Judicial Board Hearings or Administrative or University
Judicial Board Sanctioning Meetings,depending on the circumstances.
See chart on page 31.
2. Minor Violations
a. Minor Violations are less serious or first time violations of the Non-Academic
Code of Conduct. Determination of “Minor
Violation” status is made by the Campus Judicial Officer or appropriate
Hearing Officer.
b. Minor Violations may include, but are not limited to violations of
the tobacco/smoking policy, minor alcohol violations and
general conduct violations.
c. Minor Violations may be adjudicated via Informal Administrative, Formal Administrative
or University Judicial Board Hearings
or Administrative Sanctioning Meetings, depending on the circumstances.
See chart on page 31.
d. Minor Violations that occur within Housing and Residence Life, Greek Life,
Intramurals, or Student Organizations may be
adjudicated by the appropriate hearing officer, as referred to under the definition
of “Hearing Officer” on page 15.
B. Reporting of Violations
1. Any
member of the University community may initiate non-academic disciplinary proceedings
concerning an alleged violation of the
Non-Academic Student Code of Conduct.
2. The complaint must be made in writing and submitted to the Campus Judicial Officer or the appropriate Hearing Officer.
C. Determination
of Charges
1. Upon receiving
a complaint of misconduct, or upon his or her own initiative, the Campus Judicial
Officer or Hearing Officer will review
relevant facts and consult with relevant parties through investigative meetings
regarding the incident in question, including the
student who is believed to be directly involved.
2. If the evidence warrants disciplinary action, written notification will be
sent to the accused student indicating the nature of the activity
in question
and the specific charge being made against them.
3. The Campus Judicial Officer or Hearing Officer may at any time
during the disciplinary proceedings make additional charges or with-
draw charges against a student. In either case, the Officer will
send written notification to the student.
D. Procedures
1. After investigating
relevant facts and meeting with relevant parties, including the student involved,
the Campus Judicial Officer may
opt to file charges of the Non-Academic Code of Conduct. The student will
be sent by certified mail or hand-delivered a letter
indicating the charges that have been filed.
NOTE: If the student fails to meet with the Campus Judicial Officer or Hearing Officer during the investigation, a hold may be placed on the student’s registration prevent ing him/her from registering for future classes until the matter is resolved. Additionally, the student may be charged with a violation of the “failure to comply” provision of the Non-Academic Student Code of Conduct (Section IV. D. 14).
2. If, in the course of the investigation, the student accepts responsibility
for the violation, charges will be filed immediately and the
case will proceed as outlined below:
a. When a student accepts responsibility for a Minor
Violation, an Administrative Sanctioning Meeting will be held.
b. When a student accepts responsibility for a Major Violation,
he or she will:
1. Meet with a Judicial Procedures Advisor to review the options, and
2. Choose either
an Administrative Sanctioning Meeting or a University Judicial Board Sanctioning
Meeting.
NOTE: The Campus Judicial Officer may decline to serve as the sanctioning authority and require that sanctioning be provided by the University Judicial Board
3. If the student denies responsibility for the violation and is charged
by the Campus Judicial Officer, the charged student will be
required to do the following:
a. Meet with a Judicial Procedures Advisor to review the options.
b. Choose one of the following options to resolve the charges
1. Plead “not responsible” to the charge(s) and have a hearing before the University Judicial Board where a decision of responsible or not responsible will be made by the Board. If found responsible by the University Judicial Board, an appropriate sanction will be determined by the Board.
2. Plead “not responsible” to the charge(s) and request an Informal Administrative Hearing before the Campus Judicial Of ficer or Hearing Officer. If found responsible by the Campus Judicial Officer or Hearing Officer, an appropriate sanction will be determined by the officer. An In- formal Hearing allows the charged party to present evidence for consideration and suggest witnesses that the Campus Judicial Officer or Hearing Officer may consider interviewing before a decision is rendered. The Campus Judicial Officer or Hearing Officer may contact other parties who have knowledge/information regarding the incident in question. The charged student waives the right to question such parties or otherwise participate in the hear ing.
NOTE: The Campus Judicial Officer or Hearing Officer may decline to hear the case because of conflict of interest or severity of the case and require either a Formal Administrative or University Judicial Board Hearing be held, where a determination of “responsible” or “not responsible” will be made.
3. Plead “not responsible” to the charge(s) and request a Formal Administrative Hearing before the Campus Judicial Officer or Hearing Officer. If found responsible by the Campus Judicial Officer or Hearing Officer, an appropriate sanction will be determined by the officer. A formal hear- ing allows the charged party to respond to charges, present witnesses and present questions for the witnesses to answer.
NOTE: The Campus Judicial Officer or Hearing Officer may decline to hear the case in this manner due to conflict of interest or severity of the case and request a University Judicial Board Hearing be held), where a determination of “responsible” or “not responsible” will be made and sanction assigned, if appropriate.
NOTE: If at any time during the proceedings a student admits responsibility for the violation, the procedures outlined in Section D.2 will take effect.
NOTE: If an accused student fails to respond to the charge(s) and/or fails to respond to the Campus Judicial Officer’s request for an investigative meeting to discuss the alleged violations, he or she forfeits the above options and will be sent a certified letter at least seven (7) days before the upcoming University Judicial Board hearing. At this hearing a decision of “responsible” or “not responsible” will be made, based on the available information, with or without the accused student being present. When appropriate, a sanction will also be determined and the student will be notified in writing.
NOTE: If disciplinary charges are brought against a student during summer sessions, the student will have the option of an Administrative Hearing before the Campus Judicial Officer or Hearing Officer during the summer or a hearing before the UJB in the fall.
E. Following
the Hearing or Sanctioning Meeting
1. The Campus Judicial Officer
or University Judicial Board Chair shall be responsible for forwarding the written
decision of the hearing
or sanctioning
authority to the charged party by certified mail or in person. The letter
will consist of:
a. Statement of charges;
b. Findings of the hearing authority and the rationale for
the findings, if appropriate;
c. Sanction(s) and the rationale for the sanction(s), if appropriate;
and
d. Statement regarding the right to appeal and the appeal
procedures, if appropriate.
2. A student found responsible will have five (5) class days from the date of documented receipt of the decision letter to submit a written request for an appeal to the Associate Chancellor for Student Life and Services (see “Appeals Procedures). The appeal request must state the reason(s) for believing the decision of the original hearing authority to be improper. If there is no appeal within this time limit, the Campus Judicial Officer will implement the sanction.
F. Appeal Process
1. In the event the charged student disagrees with
a finding of responsibility or a sanction of any original hearing or sanctioning
meeting, the charged student may request an appeal in writing to the Associate
Chancellor for Student Life and Services within seven (7) class days from the
date the original decision was issued. In the case of an appeal, original
sanctions (except summary suspension) are normally postponed until the Associate
Chancellor makes a decision on the appeal.
2. If the student has not met with a Judicial Procedures Advisor (in the case of a minor violation), one will be appointed at this time.
3. The request
for appeal will be by letter addressed to the Associate Chancellor and will
state the reasons for believing the decision of the original hearing or sanctioning
authority to be improper. The appeal must be based on and limited to one
or more of the following aspects of the original hearing or sanctioning meeting:
a. The finding of responsibility was not sup- ported by reliable and substantial
evidence presented at the original hearing;
b. The disciplinary sanction was too severe;
c. A procedural error was committed which prejudiced the outcome
of the case;
d. The original hearing authority misinterpreted the rule or regulation under
which the student was charged to the prejudice of
that student.
4. The Associate Chancellor will review all materials pertaining to the case and arrive at a decision within fifteen (15) class days. The Associate Chancellor may or may not summon any principal in the case. The Associate Chancellor may either confirm or reverse the decision of the Campus Judicial Officer or UJB, or may reduce the sanctions. If the Associate Chancellor determines that new information is available that was not available at the time of the original hearing or sanctioning meeting and that this information may have altered the outcome of the original hearing, the case may be remanded to the original hearing authority.
NOTE: The Associate
Chancellor for Student Life and Services may decline to serve as an appeal authority
if he/she has had extensive
involvement in the case (such as in the case of summary
suspension).
5. The Associate Chancellor will notify the stu-dent in writing of the decision. The Campus Judicial Officer will implement the decision.
6. Decisions of the Associate Chancellor may be appealed to the Chancellor of the University of South Carolina Aiken within seven (7) class days of the date of documented receipt of the written decision of the Associate Chancellor.
7. The Chancellor will review all materials pertaining to the case and arrive at a decision within fifteen (15) class days. The Chancellor may or may not summon any principal in the case. The Chancellor may either confirm or reverse the decision of the Associate Chancellor or may alter the sanctions. The Chancellor may not impose a penalty stronger than that imposed or confirmed by the Associate Chancellor. A decision of the Chancellor in an appellate matter is the final decision for the University. Written notification of the Chancellor's decision will be sent by certified mail to the student who has made an appeal, and copies will be sent to the Associate Chancellor, the Campus Judicial Officer, and any other hearing officers involved in the case.
G. Sanctions
The following disciplinary sanctions
may be imposed upon students found in violation of the Non-Academic Code of
Conduct. Sanctions
may be imposed either singularly
or in combination. The purposes of imposing sanctions are twofold: one,
to protect the University
community from behavior
which is detrimental to the community; and two, to educate students about acceptable
parameters and the well as
consequences of their behavior.
The severity of the sanction imposed is intended to correspond with the severity
or frequency of
violations as the student’s
willingness to recommit himself or herself to good citizenship through behaviors
that fall within the conduct
regulations of the University.
Failure to comply with a disciplinary sanction or condition will result in a
“HOLD” being placed on the
student’s official
university record or transcript and will result in further disciplinary charges.
1. Permanent Suspension
Dismissal from the University without leave to apply for readmittance.
The Campus Judicial Officer shall automatically refer this sanction to the
Associate Chancellor for Student Life and Services for review prior to implementation.
In the case of suspension, immediate steps will also be taken to remove the
student from the USC Aiken campus.
2. Suspension for a
Period of Time
a. Denial of enrollment, attendance, and other privileges at
the University for a specified period of time. Permission to reapply for
readmission upon termination of the period may be granted with or without qualifications.
b. Any student suspended for a period of time must vacate the
campus within forty-eight (48) hours from the date the notice of suspension
is presented in person or through certified mail and may not return to campus
or University property during the term of the suspension without prior
permission of the Campus Judicial Officer.
3. Suspension Held
in Abeyance
a. A sanction given for a period of time, which indicates that
the serious nature of the conduct violation would normally result in a student’s
suspension from the University, but given the extenuating circumstances, this
suspension is not immediately put into effect. Any serious violation of
rules, regulations or laws while the suspension is held in abeyance may result
in suspension from the university.
b. In the event a student is accused of violating the conditions
of a suspension held in abeyance, the student will be notified to appear before
the original hearing authority or other appropriate authority. This hearing
authority will determine whether or not there is sufficient information to determine
that the terms of the suspension held in abeyance were violated. If the
terms of the suspension held in abeyance were violated, the student will be
given an opportunity to show cause why he or she should not be suspended.
The original hearing authority will make a decision as to whether the student
should be suspended immediately or the initial sanction should remain in effect.
4. Disciplinary Probation
Disciplinary probation is a period of review andobservation
during which a student is under an official warning that his or her misconduct
was very serious. While on disciplinary probation, a student may be considered
to be “not in good standing” and may face specific limitations on
his or her behavior and/or University privileges (see Conditions). Subsequent
violations of university rules, regulations, or policies are likely to result
in a more severe sanction including suspension from the University.
5. Conditions
Conditions include limitations upon a student’s behavior
and/or University privileges for a period of time, or a stipulation in conjunction
with another sanction. This sanction may include, (but is not limited
to): denial of the right to represent the University in any way, restrictions
on participation in cocurricular activities, denial of parking privileges or
access to campus facilities including computer labs or the Wellness Center.
6. Reprimand
A reprimand is an official rebuke making conduct a matter of
record in University files. Any further misconduct could result in further
disciplinary action.
7. Restitution
An order to make restitution is issued when a student has engaged
in conduct injurious to property (individual, group, or the University) for
which monetary damages may be ascertained. For example, this sanction
may be assessed in cases of property damage, theft, fraud, deception, or misappropriation.
8. Educational Sanction
Educational sanctions may include, but are not limited to, attendance
at or participation in a program or community service, program development,
and researching and writing a paper on a topic related to the violation.
H. Summary Suspension
1. Summary suspension is an action which requires a student to immediately leave University property, and not return during the suspension period, and comply with other stated conditions for a specified period.
Suspension may be imposed upon a student by the Associate Chancellor for Student Life and Services or designee when there is reason to believe, based on available facts, that the student represents an immediate threat to the safety, health or welfare of himself/herself, other persons or property.
2. This action is
warranted by potential or threatened danger or disruption, but is indicated
only when the serious nature or immediacy of the threat makes it impractical
to follow normal disciplinary procedures. Summary actions authorized by
this policy include:
a. Temporary suspension of a student’s
eligibility for enrollment or attendance, as well as denial of the student’s
access to University facilities or property. A student may be summarily
suspended for a specified period of time or the suspension may be scheduled
contingent upon certain events or conditions.
b. Temporary suspension or limitation
of a student’s eligibility to enjoy certain kinds of events without the
suspension of enrollment status. This summary action may prohibit a student’s
presence on university property or certain facilities or impose conditions which
must be met in order for that student to enjoy certain privileges, participate
in activities, or attend events.
3. When a student is summarily
suspended, he or she is given a copy of this policy and notice explaining the
reason for and duration of the suspension, as well as any conditions that may
apply. A student notified of such summary action shall, upon written request,
be given an opportunity to meet with the Associate Chancellor for Student Life
and Services or a designee within five (5) class days from the date of receipt
of the request. This meeting will be held to consider only the following
issues related to the summary action:
a. the reliability of information
alleging a student’s misconduct; and,
b. whether the conduct or surrounding
circumstances reasonably indicate the student’s presence on campus or
continued unrestricted participation in campus affairs would pose an immediate
threat to the safety, health or welfare of persons or property.
It is not the purpose of the meeting to hear evidence concerning guilt or innocence of pending or possible charges against the student.
4. Following the imposition of summary suspension, standard University disciplinary procedures will be provided as expeditiously as possible. Unless circumstances render the implementation of standard disciplinary procedures impossible or unreasonably difficult, these procedures will be initiated within ten (10) class days from the effective date of the summary action.
5. Any student who is summarily suspended and returns to the campus or University property and/or violates other stated conditions during the specified period will be subject to further separate action and may be treated as a trespasser. Permission to be on campus for a specific purpose (e.g. to take an exam, to consult with the Associate Chancellor for Student Life and Services or to participate in disciplinary procedures) must be requested and obtained in writing or by telephoning prior to any conduct contrary to the suspension or conditions and may be granted by the Associate Chancellor for Student Life and Services.
I. Records
1. Record of Major Violation cases which have been resolved with a sanction less than suspension will be maintained by the Campus Judicial Officer for a period of 7 years from the date of the last offense. Students graduating before that time may petition the Campus Judicial Officer in writing to request that their records be destroyed upon graduation. Records may be retained by the University beyond the normal 7-year period in special circumstances, including, but not limited to, situations when legal action is taken by any party involved.
2. When a date for purging records has been reached, records in all formats are to be destroyed. Note: Statistical data may be retained but all information that would identify an individual will be removed.
3. Records where the discipline sanction was suspension will be maintained for a period of at least ten (10) years from the date of the last incident.
4. Persons who are not directly involved with a discipline case, an appellate review of a decision or the enforcement of a sanction will not have access to the record or results of a hearing or sanctioning meeting without a legitimate educational need to know or the authorization of the charged party.
5. Notices of Minor Violations will be kept for a period of 7 years from the date of the last offense, however, will not be classified as official University disciplinary records or provided for authorized inquiry (i.e. background checks for employment, military service or graduate school).
J. Student Arrests
1. Students at the University of South Carolina Aiken are to abide by University regulations as well as local, state, and federal laws. While University regulations are not meant to duplicate general laws, there are some ways in which the lawful interest of the University community coincides with the broader public interests of general laws (see section, “Application of Laws and Regulations”). Therefore, students involved in the commission of offenses against local, state or federal laws are subject to prosecution by those authorities and, in addition, may be subject to University disciplinary action when their conduct violates University standards.
2. Students who are apprehended and charged by law enforcement agencies with a felony on or off campus are required to inform the Campus Judicial Officer.
3. If disciplinary charges are brought against a student as the result of a felony arrest or conviction, an Administrative Hearing is not a student option and the charges will be heard by the University Judicial Board.
VI. STUDENT ORGANIZATION NON-ACADEMIC DISCIPLINE SYSTEM PROCEDURES
While students act as individuals and are held accountable for these actions under the Non-Academic Code of Conduct, student organizations or groups may be held responsible if there is an appearance that the student’s behavior was condoned or can be tied to the group or organization.
The system for responding to alleged misconduct by student organizations parallels the system outlined in the Non-Academic Code of Conduct and operates according to the rules and procedures of that system. Areas where the process for adjudication of student organization violations differs from the process outlined in the Non-Academic Code of Conduct are delineated below.
V.A. JURISDICTION
The Associate Chancellor for Student Life and Services will
serve as the Campus Judicial Officer for Major Violations involving student
organizations.
V.B. PROCEDURES
An official representative(s) of the organization will be provided
the opportunity to talk with a Judicial Procedures Advisor in all cases except
where the organization accepts responsibility for a Minor Violation.
A. APPEAL PROCEDURES
1. In the event the charged student organization disagrees with a finding of responsibility or sanction of any original hearing, the charged student may request an appeal in writing to the Chancellor of USCA within seven (7) class days from the date the decision is issued.
2. The request for appeal will be by letter addressed to the Chancellor and shall state the reasons for believing the decision of the original hearing authority to be improper. The appeal must be based on and limited to one or more of the following aspects of the original hearing:
a. The finding
of responsibility was not supported by reliable and substantial evidence presented
at the original hearing;
b. The disciplinary sanction was too severe;
c. A procedural error was committed which prejudiced
the outcome of the case;
d. The original hearing authority misinterpreted
the rule or regulation under which the student was charged to the prejudice
of that student.
3. Under normal circumstances, if a student organization files for an appeal, the original sanction, except Summary Suspension, will be postponed until the appeal has been considered and a decision is rendered by the Chancellor. Exceptions to the postponement of original sanctions may be implemented by the Associate Chancellor for Student Life and Services when he or she has determined that the continued activities of the organization and its membership may cause an immediate threat and/or undue concern within the University community.
4. The Chancellor will review all materials pertaining to the hearing and arrive at a decision within twenty (20) class days. The Chancellor may or may not summon any principal in the case. The Chancellor may either confirm or reverse the decision of the Associate Chancellor for Student Life and Services or University Judicial Board, or may alter the sanctions. If the Chancellor determines that new information is available that was not available at the time of the original hearing and that this information may have altered the outcome of the original hearing, the case may be remanded to the original hearing authority.
5. The Chancellor will notify the student organization in writing of the decision. The Associate Chancellor for Student Life and Services will implement the decision.
6. Decisions of the Chancellor in all appellate matters is the final decision for the University
B. SANCTIONS
The following disciplinary sanctions may be imposed upon student organizations when they have been found responsible for violating conduct regulations. All sanctions may be imposed either individually or in combination. Disciplinary sanctions are imposed for the purpose of holding student organizations and their membership accountable for their actions and the actions of their guest(s), whether on campus or at any organization-sponsored function.
1. Permanent Revocation
Permanent revocation of the organization’s
registration means revocation without leave to apply for new registration. Any
organization
whose registration is permanently revoked
must cease all organizational activities upon receipt of the notice of permanent
revocation. Any
member of an organization whose registration
has been permanently revoked will relinquish any appointed or elected office
held with that
organization’s governing body.
Balances of all organizational funds granted by the Student Government Finance
Committee are to be
surrendered to the custody of the SGA
Finance Committee. Office or other space assigned by the University will
be vacated within five (5)
class days. Space vacated
due to suspension may be reassigned to other eligible University organizations.
2. Suspension
Suspension means denial of rights and privileges
of a registered organization for a period not to exceed two (2) calendar years.
Any
organization whose registration is
suspended or revoked must cease all organizational activities upon receipt of
the notice of revocation or
suspension. Any member of a suspended
organization may not hold an appointed or elected office with that organization’s
governing body
for the duration of the organization’s
period of suspension. Balances of all organizational funds granted
by the Finance Committee of
Student Government are to be surrendered
to the custody of the SGA. Suspended organizations will automatically be placed
on probationary
status for a minimum of one academic year
following their renewed registration.
3. Disciplinary
Probation
Limitations upon an organization’s
privileges for a period not to exceed one (1) calendar year are classed as disciplinary
probation.
Subsequent violations of University
rules, regulations, or policies could result in a more severe sanction including
suspension. During the
probationary period, a student organization
is deemed “not in good standing” with the university and may
be subject to one or any
combination of the following conditions
and/or restrictions:
a. Denial of the right to represent the University;
b. Denial of the right to maintain
an office or other assigned space on University property;
c. Denial of the privileges of:
1. Receiving
or retaining funding;
2. Participating
in intramurals;
3. Sponsoring
any social event;
4. Sponsoring
any speaker or guest on campus;
5. Participating
in any social event;
6. Co-sponsoring
any social event or other activity;
7. Rush or
membership recruitment.
4. Conditions
Conditions may include limitations
upon a student organization’s privileges for a period of time or a stipulation
in conjunction with another
sanction. This sanction may include,
for example, denial of social privileges, etc.
5. Reprimand
A reprimand is an official rebuke
making the misconduct a matter of record in University files for a specified
period of time. Any further
misconduct could result in further
disciplinary action.
6. Restitution
or Fines
An organization may be ordered to make
restitution when the organization has engaged in conduct injurious to
property (individuals,
group, or University) for which monetary
damages may be ascertained. Restitution may be in the form of financial
payment, community
service, or other special activities
designated by the hearing authority. Additional fines may be assessed
as a punitive measure.
7. Educational Sanction
Educational sanctions may include,
but are not limited to, attendance at or participation in a program or community
service, or program
development.
C. SUMMARY SUSPENSION
1. The Associate Chancellor for Student Life and Services may suspend or restrict a student organization for an interim period pending disciplinary proceedings when there is reasonable cause to believe that the continued activities of the organization and its members may pose an immediate threat to the safety, health, or welfare of individuals or interrupt the normal functions of the University community. During the interim suspension or restriction period, the organization may be required to cease all organizational activities and vacate any assigned University space immediately upon written notice from the Associate Chancellor for Student Life and Services.
2. When a student organization is suspended or restricted, on a summary basis, the organization’s acting President will be given notice of the reasons for the suspension or restriction, the duration, and any special conditions that apply. A representative of the suspended or restricted organization shall be given an opportunity to meet with the Associate Chancellor for Student Life and Services within five (5) class days from the effective date of the temporary suspension or restriction. The meeting will be held to consider only the following issues relating to the temporary suspension or restriction:
a. The reliability
of the information alleging the organization’s misconduct; and
b. Whether the conduct and surrounding circumstances
reasonably indicate that the continued activities of the organization
would pose an
immediate threat to the
safety, health, or welfare, or interrupt the normal functions of the university
community.
3. It is not the purpose of the meeting with the Associate Chancellor for Student Life and Services to hear evidence concerning guilt on the pending charges against the organization. A Judicial Board or Administrative Hearing will be conducted to determine responsibility or non-responsibility of the within a reasonable time period and upon notification of all parties involved.
Disciplinary
Procedures for Non-Academic Violations
Administrative and University Judicial Board Hearings
I. JUDICIAL PROCEDURES ADVISOR
A. The Judicial Procedures
Advisor will be chosen from a pool of ten faculty members by the Campus Judicial
Officer (for violations of the Non-Academic Code of Conduct) or by the Chair
of the University Judicial Board (for violations of the Academic Code of Conduct),
depending upon the nature of the case.
B. The Faculty Assembly will elect (during its regular faculty
elections in the spring semester) one faculty member from each college and each
school to serve staggered two-year terms in the Judicial Procedures Advisor
pool.
C. The Student Government Association will choose by September
30 one faculty member from each college and each school to serve in the pool
for the following academic year. If the five members of the pool are not
selected by September 30 by the Student Government, the Campus Life Committee
has the authority to make those appointments.
D. The Judicial Procedures Advisor must not be a faculty member
from the same department or school as the department or school in which the
student is enrolled and must not have any conflicts of interest in regard to
principal parties involved in the disciplinary or grievance procedure.
E. The Campus Judicial Officer will maintain the list of members
of the Judicial Procedures Advisor pool. Except in instances of conflicts
of interest or long-term absence from campus, advisors should be available to
consult with students on short notice.
F. If the Campus Judicial Officer or the Chair of the University
Judicial Board cannot appoint any of the ten faculty members in the pool for
reasons cited above, the Vice Chancellor or Associate Chancellor will appoint
someone from the general faculty after consultation with the Chair of the Faculty
Assembly and the President of the Student Government Association.
G. Judicial Procedures Advisors may not speak on behalf of the
student(s) during the proceedings.
II. STUDENT RIGHTS IN A FORMAL ADMINISTRATIVE OR UNIVERSITY JUDICIAL BOARD HEARING
A. Prior to a confidential,
closed hearing, accused parties are entitled to:
1. A written notice of the charge(s) from the Campus Judicial
Officer or the Chair of the University Judicial Board, an outline of their rights
and the name of the Judicial Procedures Advisor assigned to the case. In the
event that additional charges are brought, a further written notice must be
forwarded to the student. The charged may waive the right to separate
written notice of additional charges in order to reach a timely resolution of
the matter.
2. A meeting with the Judicial Procedures
Advisor where the charged student shall have all the disciplinary procedures
fully explained. In non-academic cases, the charged student shall
be informed at this time (or when it is known) if the administration intends
to seek suspension or expulsion.
3. Review all available information, documents, exhibits
and a list of witnesses that may be asked to testify at the hearing. This
is a continuing obligation of the complaining party and the Campus Judicial
Officer or Chair of the University Judicial Board.
4. Be assisted by an advisor or counsel of choice in addition
to the Judicial Procedures Advisor. The advisor or counsel of choice,
with the written permission of the charged student(s), may:
a. Advise the parties about the preparation and presentation
of the case;
b. Accompany the accused parties to all judicial proceedings;
and
c. Have access to evidence, witness list, documents and
exhibits relating to the case.
d. Further, the advisor or the counsel of choice may not speak
on behalf of the student(s) during the proceedings.
5. A written notice of time, place, format of the hearing,
and the names of the UJB members (if appropriate) at least five (5) class days
prior to the hearing unless the student(s) or student organization(s) waives
all or part of the notice period. The formal hearing will not be held
less than five (5) class days from the date that the original charge letter
was issued, unless the charged party waives this limit.
6. Challenge UJB members for cause. Cause is defined as
personal bias, prior involvement, or inappropriate access to information concerning
the incident.
7. File a request to have additional observers from the
University community present during the hearing. The request must be filed
with the hearing authority at least three days prior to the hearing. The
request shall be granted unless the hearing authority feels that the presence
of these observers will detract from a fair and orderly hearing.
B. During a hearing
(original or appellate), thecharged party is entitled to:
1. Appear in person, hear all testimony, present any relevant
information, call witnesses, and ask questions of witnesses present at the hearing.
2. Elect not to appear at the hearing, in which case the
hearing shall be conducted in the charged party’s absence.
3. Refuse to answer any questions or make a statement;
however, the hearing authority shall make its decision solely on the basis
of information introduced at the hearing.
4. Be judged responsible only upon finding that, based
upon the preponderance of the evidence, that the evidence provided shows that
“more likely than not” a violation occurred.
5. If found responsible, the charged student may elect
to call no more than three character witnesses to speak on his/her behalf prior
to the sanctioning portion of the hearing. This is the only time when character
witnesses (those witnesses that are not providing direct evidence related to
the case) will be allowed.
6. Confidentiality in all matters related to the case.
All statements, information, or comments given during disciplinary hearings
will be held in strictest confidence by the Campus Judicial Officer, members
of the UJB, university staff, and witnesses before, during, and after deliberation.
Only duly authorized persons or faculty and staff with an educational need to
know will be informed of the proceedings and outcome. All Academic and Non-Academic
disciplinary hearings will be tape recorded by the UJB Chair or the Campus Judicial
Officer. Deliberations will not be recorded. Recordings and
all documents will be kept securely by the Campus Judicial Officer in
non-academic cases or the Vice Chancellor for Academic Affairs in academic cases.
C. Following the hearing, the charged party is entitled to:
1. Appeal
the decision of the University Judicial Board or Campus Judicial Officer.
2. Listen to the recording in the presence of a
member of the UJB or the Campus Judicial Officer in hearings involving violations
of the Non-Academic Code of Conduct or the Vice Chancellor for Academic Affairs
in hearings involving violations of the Academic Code of Conduct.
3. Request a duplicate copy of the recording at
his/ her/ its own expense within a period of six (6) months from the date of
the hearing.
D. Charged students are
prohibited from contacting, or having someone contact on their behalf, members
of the UJB or the Hearing Officer to discuss matters related to the case before
or after the hearing. Questions regarding procedures may be addressed to the
Judicial Procedures Advisor or Campus Judicial Officer.
III. UNIVERSITY JUDICIAL BOARD HEARINGS
A. Membership
of the University Judicial Board
1. The University
Judicial Board is composed of four faculty members and one alternate, selected
from a pool of faculty chosen by
the Campus Life Committee, and three students plus one alternate from a pool
of students, appointed by the Student Government
Association President.
2. The Student Government
Association President must appoint the student pool by September 30 of each
academic year. If the authority
student members are not appointed by the President by September 30 of
each academic year, the Campus Life Committee has the
to make those appointments.
3. The UJB
chair must be a Campus Life Committee faculty member appointed by the Campus
Life Committee.
4. All board
members will serve for one year, and they may be reselected to serve consecutive
terms.
5. A quorum
will consist of three faculty members and three students for any proceedings,
in addition to the UJB Chair.
6. Alternates
should attend all proceedings, but do not have voting status unless called upon
to replace one of the members of the board
during a hearing.
B. Board
members excluded from deliberations:
1. A board member
associated with any of the principals involved.
2. A board member
with a conflict of interest in a particular situation.
C.
Procedures
1. The University
Judicial Board Chair will
a) ensure the confidentiality of the proceedings,
b) appoint a Judicial Procedures Advisor,
c) schedule a hearing within ten (10) class days of receipt of a request for
a hearing,
d) locate space for the hearing,
e) notify all participants in writing, including UJB members,
f) provide for the tape recording of the hearing,
g) resolve all questions of scheduling and deadline,
h) moderate the hearing and closed deliberations to ensure fairness to all parties,
to prevent the harassment or intimidation of participants, and to conduct an
efficient hearing,
i) send a letter to the student stating the decision of the UJB, the sanction
(if any imposed), and the student’s right to appeal, and
j) forward the file to the Campus Judicial Officer for violations of the Non-Academic
Code and to the Vice Chancellor for Academic Affairs for violations of the Academic
Code.
2. Any
member of the UJB may require the Board to go into private session to discuss
and decide a matter by majority vote.
a. The Chair can recess the hearing at any time.
b. The Chair shall insure that all procedures are appropriately followed.
3. All
hearings shall be conducted in an informal manner and technical rules of evidence
will not be applied. The involved parties and / or the Board may call
witnesses. Only UJB members and the accused party(ies) will have the right
to question witnesses. Counsel may not speak on behalf of the student.
The taking of statements of witnesses may be done by discussion, though the
testimony of each witness may be subject to question and rebuttal. Witnesses
shall be present only during the time they are testifying. While written
statements are admissible, the charged party shall have the opportunity to question
and rebut the testimony of the principal complaining party, unless extenuating
circumstances preclude this option.
a. Tapes of the hearings and all other evidence will be kept secure by the Campus
Judicial Officer in hearings involving violations of the Non-Academic Code of
Conduct and by the Vice Chancellor for Academic Affairs in hearings involving
violations of the Academic Code of Conduct.
b. The charged party and advisor shall have the right, upon request, to listen
to the recording in the presence of a member of the UJB or the Campus Judicial
Officer in hearings involving violations of the Non-Academic Code of Conduct
or the Vice Chancellor for Academic Affairs in hearings involving violations
of the Academic Code of Conduct.
c. The charged student may request a duplicate copy of the recording at his/her/its
own expense within a period of six (6) months from the date of the hearing.
4. After all information has been presented, the UJB shall meet in private to discuss the case, reach its decision, and, if appropriate, determine a sanction. On rare occasions, the Board may deem it necessary to seek more information and hold an additional session. The final decision must be rendered within 7 class days of the initial hearing. Determination of responsibility must be agreed upon by at least two-thirds of those present and voting. If the UJB determines the student has violated the Non-Academic Code of Conduct or the Academic Code of Conduct, the student’s past record of violations will be presented to the UJB in the presence of the charged student, who may comment on the past record. This information will be presented to the UJB by the Campus Judicial Officer for violations of the Non-Academic Code of Conduct, or by the Vice Chancellor for Academic Affairs and / or the Associate Chancellor for Student Life and Services for violations of the Academic Code of Conduct. The UJB will consider this record in determining an appropriate sanction. The UJB may impose sanctions or it may confirm, alter or reverse previously imposed penalties. Only UJB members will be present during deliberations and any determination of sanctions.
5. Once the UJB has reached a decision, the principal parties will be informed in writing (certified mail) within 2 class days. The records of the hearing will be forwarded to the Campus Judicial Officer in hearings involving violations of the Non-Academic Code of Conduct, or to the Vice Chancellor for Academic Affairs in hearings involving violations of the Academic Code of Conduct. In hearings for academic violations, the Vice Chancellor will inform the Department Chair/School Head of the UJB decision and, in cases involving recurring violations, the Associate Chancellor for Student Life and Services.
All records of hearings for violations of the Non-Academic Code shall be kept in a confidential file