Student Rights and Conduct
Student Conduct Code - 3C1
Southern Illinois University Edwardsville (SIUE) is dedicated to the traditional academic pursuits of instruction, scholarship and public service. The University assigns first priority to excellence in education. Further, the University values a humane, safe, and supportive environment to aid students in their pursuit of knowledge. Therefore, the President, under the authority of the Board of Trustees, has approved a code of behavior to govern student conduct while enrolled at SIUE. This code shall be known as the Student Conduct Code.
The Student Conduct Code assures that student rights to due process are respected and exercised. The Student Conduct Code may be amended periodically. Responsibility for the enforcement of regulations associated with the Student Conduct Code rests with the Chancellor or the Chancellor’s designee. Immediate responsibility rests with the Vice Chancellor for Student Affairs or designee. The Vice Chancellor for Student Affairs may develop policies and procedures for the administration of the Student Conduct Code which are consistent with the provision of this Code.
- The Student Conduct Code applies to all students at Southern Illinois University Edwardsville. In addition, the health professional schools at SIUE including the School of Dental Medicine, School of Nursing and School of Pharmacy have additional policies including standards of professional conduct that apply to their students.
- This Policy applies to:
- Conduct occurring on any property controlled, operated, or owned by the University.
- Conduct occurring while using University-owned, leased or rented vehicles, or vehicles leased with student-appropriated funds.
- Certain conduct occurring off-campus with a connection to the University, including:
- events and meetings sponsored by the University or University-recognized student organizations
- meetings or events where students represent the University or University-recognized organizations
- practicum, internship, student field trip, student teaching, clinical settings, extension centers, independent study settings, and study abroad and travel abroad settings
- other off campus conduct such that the student’s conduct substantially interferes with the mission of the University including but not limited to, interference with the safety and well-being of self or others and/or interference with the academic pursuits of its students, faculty, or staff
- Conduct of student organizations:
When a student organization engages in violations of the Student Conduct Code, actions may be taken against the student members as well as the organization itself. This is particularly true when violations by those associated with the organization have received either expressed or implied approval or encouragement of the organization or its representatives. With respect to organizations, the term "student" shall also refer to organizations.
- Conduct by a guest of a student occurring on any property controlled, operated, or owned by the University.
Administrative Review: Review of charges and appeals conducted by the Vice Chancellor for Student Affairs or designee and/or the Chancellor or designee who will determine facts and render a decision or recommendation. This process may include interviews with relevant persons as deemed appropriate by the administrator. Subsequent levels of administrative review may be based on the written record only or may include interviews with the grievant, respondent, and witnesses.
Complainant: The person(s) who makes a complaint, upon which charges may be based.
Clinical Settings: Professional, clinical, or hospital setting under the supervision of, or pursuant to an agreement with, the School of Nursing, the School of Pharmacy, School of Dental Medicine, the School of Education, College of Arts and Sciences or any academic unit, or any course, class, or program in which students perform assignments in the treatment of patients or clients or undertake student teaching duties.
Days: Regular work days in the normal work week, Monday through Friday, exclusive of University holidays, days of administrative closure, and term breaks.
Faculty: Members of the University faculty including part-time and non-regular faculty.
Instructor: For purposes of this policy, an instructor includes anyone assigned the responsibility of teaching a class.
Notice: Notice to any party shall be sent by US and electronic mail to the party's last known address as recorded with the University or upon personal delivery to the party. Failure to have one's current address on record with the University shall not invalidate notice and may result in a hearing or administrative review held in absentia.
Mediation: A process where the parties in disagreement agree to attempt resolution of their differences with the assistance of an impartial mediator who facilitates a resolution in a private and confidential setting. This agreement is reduced to writing and is binding on the parties to the dispute.
Professional Performance: Performance characterized by or conforming to the technical or ethical standards of a profession.
Record: All non-privileged materials related to a charge brought under this policy.
Respondent(s): The person(s) against whom a charge is brought.
Sanction: A penalty imposed upon a student after the student has either admitted the violation or been found in violation of the Student Conduct Code.
Staff: Any University employee other than faculty. Student workers and graduate assistants are not considered staff under this policy.
Student: One who is registered, or enrolled, or who has paid tuition, fees, or other University costs for credit or non-credit instructional activities.
University Conduct Officer: University employee appointed by the Vice Chancellor for Student Affairs to hear, decide, and make recommendations concerning allegations of misconduct under this code.
Vice Chancellor for Student Affairs: SIUE Vice Chancellor for Student Affairs or his/her designee.
- ACTS OF MISCONDUCT
Acts of misconduct for which students are subject to discipline include violations of University policy and regulations, local ordinances, and state and federal laws, and include, but are not limited to:
- OFFENSES AGAINST PERSONS
- Acts against self or others, including, but not limited to:
- Behavior or conduct which poses a threat to the mental, emotional, or physical well-being of self or others
- Direct threat of violence
- Disorderly conduct including, but not limited to, lewd and indecent behavior, engaging in violent, abusive, boisterous or loud behavior
- Intentional interference with or disruption of any class
- Intentional obstruction or interference with anyone's right to attend or participate in any University activity
- Misuse of social media or electronic devices, including, but not limited to, cyberbullying
- Physical abuse
- Sexual assault
- Verbal abuse
- Unauthorized possession or use of weapons or dangerous substances including, but not limited to:
- Any object that is intended to be used as a weapon
- Dangerous chemicals or fuels
- Explosives and/or explosive devices
- Pellet guns, B-B guns, air guns, taser or stun guns, or any object that a reasonable person could interpret as being a gun
- Switchblade and/or butterfly knives
- Knowingly possessing stolen property
- Misappropriation or conversion of University or other's funds, supplies, labor, material, space, or facilities
- Armed robbery and unarmed robbery, involving bodily injury or threat of such injury
- Activity involving controlled substances, as defined by law, including, but not limited to, acid, cannabis, cocaine, heroin, LSD, methamphetamine, and misuse of prescription drugs. In addition, behavior related, but not limited, to:
- Incapacitation due to drug use
- Operation of a motor vehicle while under the influence of one or more controlled substances
- Sale or delivery
- Unauthorized possession or use
- Unlawful possession of drug paraphernalia
- Alcoholic Beverages
- Incapacitation due to alcohol use
- Operation of a motor vehicle while under the influence of alcohol
- The unauthorized manufacture, sale, delivery, possession or use of alcohol
- Violations of the Student Alcoholic Beverages Policy of Southern Illinois University Edwardsville (refer to http://www.siue.edu/policies/6c3.shtml)
- Knowingly requiring the performance of any act by a student for the purpose of induction or admission into any group organization or society associated or connected with the University. The act must be one that is not sanctioned or authorized by the University.
- Engaging in any pastime or amusement by students whereby such pastime or amusement is conducted for the purpose of holding up any student or other individual to produce mental or physical discomfort, embarrassment, harassment, or ridicule that poses a hazard to the health and safety of the person.
- Intimidation or harassment based on protected class status
Acts of misconduct or a bias incident when committed by reason of the age, color, disability, gender, gender identity, marital or civil union status, national origin, race, religion, sex, sexual orientation, or veteran status of another individual or group of individuals.
- OFFENSES ADVERSELY IMPACTING THE OPERATION OF THE UNIVERSITY
- Property damage including, but not limited to:
- Behavior representing a danger to University property or property belonging to another
- Willful or malicious damage or destruction of property
Non-compliance, interference or resistance with a reasonable verbal or written instruction or direction given by any properly identified University employee.
- Unauthorized entry or trespassing
Unauthorized entry to any property, location, or space without authorization by the person or persons authorized to control the use or occupancy of the property, location, or space. (Entry to areas recognized to be public areas within established operating hours and subject to any other restrictions specific to the occasion of entry is recognized as authorized entry.)
- Deception including, but not limited to:
- Failure to provide required information on applications or other University documents
- Falsification of University documents including, but not limited to, transcripts, applications, or resumes
- Forgery, alteration, or misuse of University documents, records, and identification cards
- Forgery or intentionally issuing a bad check or other financial instrument
- Furnishing false information to a University official
- Misuse of other identification such as a false driver's license
- Misuse of a University parking hangtag
- Violations of University Housing regulations as set forth in the Living Guide at http://www.siue.edu/housing/publications.shtml
- Violations of other University policies or regulations
- Improper use, possession, and/or duplication of University-issued keys, passwords, or entry codes
- Misuse of skateboards, skates, or bicycles
- Unauthorized canvassing or solicitation
- Unauthorized gambling or wagering
- Violation of study abroad or domestic study travel program polices and/or standards
- Misuse or unauthorized use of computer resources or information (For additional information, please refer to Information Technology Services Responsible Use Policy at http://www.siue.edu/its/policies/responsibleuse.shtml) including, but not limited to:
- Granting unauthorized access to computer resources and/or information
- Impairing proper access and/or usage of computer resources or facilities by members of the University community
- Knowingly installing a computer virus on a computer file or system
- Misuse, or unauthorized use of stored data, communication interfaces, and related computer software, or hardware
- Participating in copyright infringement, including but not limited to, illegal filesharing
- Unauthorized use of another person's identification and/or password
- Soliciting, aiding, abetting, concealing, or attempting conduct in violation of this policy
- OFFENSES RISKING THE HEALTH AND SAFETY OF SELF OR OTHERS
- Endangering safety of self or others by:
- Bomb threats
- Intentionally setting false fire alarms
- Intentionally obstructing the free flow of pedestrian or vehicular traffic
- Tampering with elevator controls and/or equipment
- Tampering with fire extinguishers, alarms, or safety equipment
- Willful failure to evacuate during a fire, fire drill, or false alarm
- Willful or grossly negligent failure to follow safety standards
- OFFENSES AGAINST THE CONDUCT PROCESS
- Acts against the administration of this policy
- Initiation of a complaint or charge knowing that the charge was false
- Interference with or attempt to interfere with the enforcement of this policy, including but not limited to intimidation, bribery, acceptance of bribes, dishonesty, and disruption of proceedings and hearings held under this policy
- Violations of the terms of any sanctions or attached conditions imposed in accordance with this policy
- CHARGES AND PROCEDURES FOR MISCONDUCT
Any member of the University community may make a complaint against a student with alleged acts of misconduct using the procedures of this policy. Academic misconduct shall be referred to the Office of the Provost for proceeding under the appropriate code. Acts of disciplinary misconduct should be reported to the Dean of Students. The Vice Chancellor for Student Affairs or designee will determine whether the charge is one of academic or social misconduct and will make a referral if appropriate.
- Complaints relating to misconduct shall be submitted in writing by the complaining party to the University Conduct Officer with the Office of the Vice Chancellor for Student Affairs. Complaints may be filed on a "Complaint Form", an Incident Report or other written documentation which should contain the following information:
- The name of the person or organization against whom the complaint is made
- The specific allegations of misconduct
- A detailed statement of the circumstances and evidence
- Documentary evidence in support of the complaint, if applicable
- A list of witnesses, if applicable
- Complaints of intimidation or harassment based on age, color, disability, gender, gender identity, marital or civil union status, national origin, race, religion, sex, sexual orientation, or veteran status shall be reported to the Office of Institutional Diversity and Inclusion for informational purposes and to the Office of Institutional Compliance for investigation.
- If the University Conduct Officer deems it appropriate, mediation may be suggested to the parties involved in the dispute at any time in the process. If all parties agree, a mediation effort will be attempted, except in cases involving alleged sexual assault. If successful, the agreement must be reduced to writing. Such agreement signifies that the dispute is terminated and no further action or appeal will be granted. If unsuccessful, the University Conduct Officer will proceed as described in this Code.
- A student charged with any acts of misconduct under this Code may choose between an administrative review by the University Conduct Officer or a review before a University Hearing Panel.
- Administrative Review
- The administrative review option shall be followed only if the University Conduct Officer and the student concur in writing.
- If the administrative review option is agreed to, the University Conduct Officer shall arrange for a time and place for the review and shall notify the parties involved. The review shall take place not less than five (5) nor more than twenty (20) days from the receipt by the parties of the notice that administrative review will be the means for resolving the complaint. If agreed upon in writing these timelines can be shortened or extended.
- The University Conduct Officer shall notify the parties involved of his/her decision within ten (10) days of the completion of the review. The decision will become effective as soon as practical but no later than 14 days after the receipt of the decision by the parties unless an appeal is made.
- Hearing Panel Review
The review by a Hearing Panel shall follow the procedures set forth in Appendix D. The University Conduct Officer shall within five (5) days of issuing the charge:
- Notify the student in writing of the charges against him or her.
- Provide students with a copy of this Code.
Additionally, the University Conduct Officer shall:
- Inform the University Hearing Panel of the charges.
- Inform the parties involved of the identity of the Panel Members and that each party has the right to challenge Panel Members who they believe are biased or prejudiced as provided for in Appendix E.
- Forward the record of the case to the Chair of the University Hearing Panel.
- Arrange for and give notice of the review time and place to the parties involved. The date of the review shall be not less than ten (10) days or more than thirty (30) days from receipt by the parties of the notice of the review and will be conducted in accordance with this policy unless timelines are waived in writing.
- In whichever review option is chosen, the Panel or University Conduct Officer shall work with the student to arrange a date and time for the review; however, the Panel or University Conduct Officer shall have the power to set the date and time of the review if a date and time cannot be mutually agreed upon. The review may be conducted in absentia if the student fails to attend the review.
- A University Hearing Panel shall conduct a review in accordance with this policy and the Chair of the Panel shall forward the Panel's recommendation, including any minority recommendation, to the University Conduct Officer.
- Whether by administrative review or Hearing Panel, the decision shall be made on the basis of whether it is more likely than not that the accused student violated the Code. The University Conduct Officer shall notify the parties involved of the decision in writing within ten (10) days of the receipt of the recommendation of the University Hearing Panel.
- The University Conduct Officer shall determine the effective date of the decision and shall have the discretion to impose the sanction immediately upon good cause shown regardless of whether an appeal is taken.
- Either party to a decision may appeal the decision to the Vice Chancellor for Student Affairs by filing a written appeal, within five (5) days of receipt of the decision.
- Appeals shall be limited to one or more of the following purposes:
- to determine whether the original hearing was conducted in conformity with the prescribed procedures herein.
- to determine whether the sanction(s) imposed were appropriate for the violation.
- to consider new evidence or facts, sufficient to alter a decision, that were not brought out in the original hearing because such evidence or facts were not known or available through reasonable inquiry at the time of the hearing.
- The appealing party shall submit to the Vice Chancellor for Student Affairs, in writing, that party's specific objections to the previous decision and any material relevant to the objections.
- The Vice Chancellor for Student Affairs shall within five (5) days, in writing, acknowledge the receipt of the appeal to the appealing party, and notify all parties to the appeal that an appeal has been filed.
- The Vice Chancellor for Student Affairs may conduct a fact finding hearing only if he/she determines that new facts have been discovered.
- The Vice Chancellor for Student Affairs shall notify the parties involved of his or her decision, in writing, within thirty (30) days of receipt of the record of the case from the University Conduct Officer. The Vice Chancellor for Student Affairs shall have the discretion to impose the sanction immediately, if applicable, upon good cause shown regardless of whether an appeal is taken. The decision is subject to the policy of the Board of Trustees regarding appeals of administrative decisions and on separation of students.
- The Vice Chancellor for Student Affairs may extend for a reasonable period of time, not longer than 30 days, the decision date in the event that additional fact finding is deemed necessary.
- The regulations in the policy govern basic student rights and conduct at SIUE. Substantial compliance with this policy constitutes full compliance by the parties subject to it.
- SANCTIONS FOR STUDENT MISCONDUCT
University sanctions are independent of other sanctions that may be imposed as a result of civil or criminal prosecution. The sanctions listed in this section may be imposed singly or in any combination. Sanctions provided for under this section may be accompanied by additional conditions of appropriate counseling and participation in University of community service activities. Sanctions appropriate for student misconduct may also include interim separation pursuant to this policy. Prior determinations of misconduct under this or other student conduct policies may be considered in the determination of a sanction for a present violation. The student held responsible for violations of the Student Conduct Code shall have a disciplinary file maintained by the Vice Chancellor for Student Affairs. Other than cases involving the sanctions of suspension and expulsion, the Vice Chancellor for Student Affairs has the discretionary authority to expunge a student's disciplinary record.
- Disciplinary reprimand
A verbal or written warning noting the seriousness of the violation of the conduct standards and that repetition of the violation or additional violations will subject the student to further sanctions. This warning shall last for a stated period of time and until the conditions of any other imposed sanctions have been met.
- Disciplinary probation
A status imposed for a specific period of time, which places the student on notice that further misconduct may result in separation from the University. A student on disciplinary probation must demonstrate conduct in conformance with University standards of conduct. The student may not hold office in any University-approved organization, serve on University committees, or participate in University-approved campus recreation or intercollegiate activities during the period of probation, unless approved by the Vice Chancellor for Student Affairs or his/her designee. Violations of the Student Conduct Code while on University disciplinary probation may result in separation from the University, and/or other appropriate sanctions
- Assessment for restitution
Payment for the restoration of property or other costs incurred as a result of student misconduct. Failure to pay the assessed amount in a specified period of time will prevent the student from obtaining transcripts and registering for classes, and may subject the student to further sanctions.
- Restricted access
Restriction from access to specified persons, to entering certain designated areas and from use of specific equipment and facilities for a specified period of time.
- Community service
A number of hours to be served or project to be completed by the student relating to community service to be assigned by the Dean of Students or his/her designee.
Referral to or mandated participation in counseling.
- Evaluation or assessment
Diagnostic evaluation by a mental health professional.
- Restricted course enrollment
A student's enrollment may be restricted by limiting him or her to certain courses or to a limited number of hours of enrollment.
- University residence probation
A status imposed for a specific period of time which places the student on notice that any violation of this policy while on University residence probation may result in separation from the University residence or other sanctions. A student must demonstrate conduct in conformance with the University residential (housing) standards and other University standards of conduct.
- University residence transfer or separation
The transfer of a student from one University residence (apartment, floor, or building) to another or the termination of a student's residency to live in University housing and the removal of the student from the University residence in which he or she is living, without the option of moving to another University residence.
- Separation from the University
Separation from the University may be for a specific period of time, an indefinite period of time, or permanent separation. In either of the first two instances, readmission is contingent upon both satisfactory fulfillment of any conditions imposed by the Dean of Students or his/her designee and a written petition for readmission to the Vice Chancellor for Student Affairs.
A decision to permanently separate a student from the University is the responsibility of the Vice Chancellor for Student Affairs or his/her designee as provided in the Policies of the Board of Trustees.
- INTERIM SEPARATION
The Vice Chancellor for Student Affairs or designee may separate a student for an interim period, pending proceedings under this policy, whenever the Vice Chancellor or designee reasonably believe there is evidence that the continued presence of the student at the University poses a threat to the safety of faculty, staff, students, self, others, or property. Additionally, the Vice Chancellor for Student Affairs or designee may separate a student whose continued presence substantially interferes with the rights of others to continue normal and lawful University functions and activities.
- A student separated on an interim basis shall be given written notice of this interim separation and a brief statement of the reasons for interim separation.
- The Vice Chancellor for Student Affairs or designee shall limit the scope of interim separation to that necessary to protect those possibly affected by the actions of the student. Access to portions of the University campus, student activities, classes, or a particular class or course may be proscribed. In cases of seriously disruptive or dangerous behavior, the Vice Chancellor for Student Affairs or designee may deny the student access to the campus.
- For cases in which a student disrupts a class session, the instructor may exclude the student from that particular class session and may seek separation of the student from the course using the procedures set forth in Appendix C.
- The separated student has the opportunity to request a hearing before the Vice Chancellor for Student Affairs or designee. If the student requests the hearing, the Vice Chancellor for Student Affairs or designee shall hold the hearing within five (5) days from the date of service of the notice of the interim separation. In the event it is impossible to hold the hearing within 5 days the hearing will be scheduled as soon as possible.
- The Vice Chancellor for Student Affairs or designee shall consider the following factors exclusively:
- Whether the information concerning the student's conduct is reliable
- Whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student in the class or course, activity, or on the University campus, or facilities, poses a significant threat to himself or herself, or to others, or substantially interferes with the rights of others to continue normal and lawful University functions and activities
- Whether the scope of the separation is reasonable
In considering the foregoing issues, the Vice Chancellor for Student Affairs or his/her designee shall not sustain any interim separation which fails to meet the above standards.
- An interim separation shall terminate when rescinded by the Vice Chancellor for Student Affairs or designee, upon conclusion of proceedings under this policy, or upon expiration.
STUDENT RESPONSIBILITIES AND STUDENT RIGHTS
Students enrolled at Southern Illinois University Edwardsville have responsibility for maintaining an environment which encourages free inquiry and expression, abiding by applicable laws and University policies and procedures, responsibly fulfilling civic duties within their communities, and respecting the rights and responsibilities of faculty, staff members and fellow students. Students are expected to follow course or class guidelines as set forth in syllabi and as enunciated by their instructors. Students who fail to follow classroom instructions may be involuntarily withdrawn in accordance with the provisions of this policy.
- The University will comply with applicable law.
- Each student has the right to peaceful pursuit of knowledge in an environment dedicated to that purpose.
- A student is eligible to register for courses for which he/she has met the prerequisites so long as space is available except where the appropriate dean has approved restrictions based on objective criteria in advance of course registration and in accordance with applicable University policy and practice.
- No student who meets the prerequisites of a course shall be involuntarily dropped from the course except as provided for under this policy, and the policy on class attendance for the first class meeting of a term as enunciated in University publications.
- No qualified student shall be barred from admission to the University, or participation in an institution, organization, or activity sponsored by the University on the basis of age, color, disability, gender, gender identity, marital or civil union status, national origin, race, religion, sex, sexual orientation, veteran status or other prohibited bases of discrimination under law and the University Affirmative Action Plan. Students are entitled to an environment free from discrimination or harassment on the basis of the factors listed above.
- The student body shall have a means of participation in the formulation and application of institutional policies affecting academic and student affairs through the University governance structure as defined in 3 Policies of the Board of Trustees F.
- Student's academic and professional performance shall be evaluated solely on academic and professional grounds.
- A student shall be able to take exception to data or views offered in the classroom in a manner which does not interfere with the instructional process.
- A student may appropriately express political or social views in accordance with prevailing law and University policy.
- No adverse action shall be taken against a student solely because of his or her association with groups or individuals.
- Student organizations shall not be required to submit to the Kimmel Leadership Center, except for Greek Life, membership lists for recognition, although they are required to submit and keep current a list of executive officers and their student identification numbers.
- A student shall have the right to meet at a mutually convenient time with the director of any function or operation within the University with regard to seeking a resolution of a complaint pertaining to that function or operation.
- A student charged with violations of University regulations shall be informed of their rights as provided for under this policy. Pending action on charges, the status of the student shall not be altered or the right to attend classes suspended, except as provided in this policy.
- A student’s disciplinary records, to the extent provided by law, shall be kept confidential and separate from academic records.
- A student shall have the right to be reinstated when the conditions of disciplinary separation from the University for a definite period of time are fulfilled, provided he/she meets all other admission criteria.
- Records relating to student discipline shall be maintained according to the University's Records Management Program and applicable law.
- A student has a right to expect reasonable accommodations from instructors to engage in bona fide religious practices as required by State and Federal laws.
- Students with disabilities have the right to expect reasonable accommodations from instructors to engage in their educational pursuits, as required by State and Federal laws.
- Instructors will uphold the "Ethics of Instruction" policies published in Policies and Procedures, SIUE and other applicable policies and procedures.
VIOLATION OF LAW AND UNIVERSITY DISCIPLINE
University disciplinary proceedings may be initiated against a student charged with a violation of a law which is also a violation of this Student Conduct Code. (For example, if both violations result from the same factual situation, without regard to the existence of civil litigation in court or criminal arrest and prosecution, proceedings under this Student Conduct Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus.)
In the event of proceedings off campus and on campus, the University may advise off-campus authorities of the existence of the Student Conduct Code and its procedures. The University will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators. Individual students, faculty and staff members, acting in their personal capacity, remain free to interact with government representatives as they deem appropriate.
If criminal charges are pending or potential the student respondent is permitted to have counsel at his or her own expense. Counsel may participate in Student Conduct Code proceedings only in an advisory role.
PROCEDURES FOR INSTRUCTORS TO FOLLOW WHEN A STUDENT DISRUPTS CLASS
- If a student disrupts a class session by refusing to follow the directions of the instructor, the instructor may direct the student to leave that particular class session.
- If the student fails to leave a particular class session after having been directed to do so by the instructor, the instructor may call University Police and request that University Police escort the student from the class session.
- An instructor who directs a student to leave a class for disruptive behavior shall immediately file a written report of the occurrence with the Dean/Director/Department Chair and the Vice Chancellor for Student Affairs.
- If, in the instructor's judgment, the student is likely to return to class and continue disruptive behavior, the instructor may file a written request with the Vice Chancellor for Student Affairs for an interim separation from the class or from the University in accordance with Part IV of this policy. The instructor may seek additional sanctions against the student in accordance with this policy. The Vice Chancellor for Student Affairs will inform the instructor of action taken regarding the request for interim separation.
UNIVERSITY HEARING PANEL PROCEDURES
If the University Hearing Panel option is used, a University Hearing Panel shall be selected by the Vice Chancellor for Student Affairs or designee for each case from the University community at large with input on an annual basis from the Faculty, Student and Staff Senates. The Office of the Vice Chancellor for Student Affairs shall provide administrative assistance to the University Hearing Panel.
The Vice Chancellor for Student Affairs or designee shall have responsibility for periodically reviewing the continuing eligibility of the faculty, professional and civil service staff, and student members and shall notify constituency heads when new Panel Board members are needed.
University Hearing Panel
- Depending on the alleged violation, the Vice Chancellor for Student Affairs or designee may consider when appointing the Panel: race, gender, national origin, religion, disability, sexual orientation and other relevant aspects of diversity.
- The Vice Chancellor for Student Affairs or designee shall select a panel consisting of one faculty, one student, and one professional staff or civil service member.
- Student members shall be full-time and maintain "good standing" as defined by University policy.
- Student members shall have a minimum grade point average of 2.0 (undergraduate) or 3.0 (graduate) on a 4.0 scale and be under no sanctions of any University policy.
- The Panel shall elect its Chair who will also remain a voting member.
- The Chair of the University Hearing Panel shall have the following responsibilities:
- Orienting new Panel members to review procedures
- Arranging all meetings of the Panel
- Collecting and distributing the relevant materials to the University Hearing Panel from the parties involved
- Convening the panel and presiding over the hearing
- Recording the proceedings and results of the hearing
- A University Hearing Panel hears charges brought to it, hears testimony, reviews the facts as presented and makes a recommendation as to whether the student has or has not violated the Conduct Code.
- The Panel may use an independent technical consultant as it deems necessary to reach resolution. If an independent consultant is used, all parties must be notified of the name and expertise of the independent consultant and allowed to attend the meeting(s) of the Panel with the independent consultant.
- Upon opening the hearing, the Chair shall inform all parties that the hearing is being recorded and of their responsibilities regarding attendance, testimony, honesty, rights, and the maintenance of order. The Chair is responsible for overseeing the hearing and taking all steps necessary and appropriate to conduct the hearing.
- The Chair shall be responsible for keeping an accurate record of the proceedings of the hearing(s). The hearing shall be tape recorded. The record shall be the property of the University.
HEARING PROCEDURAL RIGHTS
Every reasonable effort will be made to provide procedural rights under this policy. The precise format of a hearing may vary depending upon the circumstances of the particular case.
The following procedural rights are assured to all parties:
- A timely hearing.
- Written notice of charges and a reasonable time for response.
- Waiver of required notice or hearing by the person charged in consideration of a more immediate disposition of the alleged violation.
- A postponement of any procedure relating to the hearing for reasonable cause.
- Removal of any hearing panel member provided the party can demonstrate that the member is biased or prejudiced in relation to the case.
- To hear all relevant oral evidence and view all relevant written evidence used against or in favor of either the person bringing the charge or the respondent.
- The person bringing or prosecuting a charge has the burden of proof by the preponderance of evidence.
- All available relevant witnesses may be heard, examined, and cross-examined. A list of witnesses will be provided to all parties and those hearing the case before a hearing.
- Strict rules of evidence need not be followed; however, evidence which is irrelevant, immaterial, or cumulative may not be permitted.
- Hearing shall be closed except for the parties, advisors, witnesses only while giving testimony, and those hearing the case. Hearings may be open if all parties agree in writing.
- To be accompanied to a hearing by either an advisor (non-attorney) or an attorney for the purpose of receiving advice or assistance; advisors or attorneys shall not participate directly in a hearing, except as such participation is required by operative law or regulations in a specific instance. Consultation with advisors or attorneys during the hearing will be at the consent of the chair of the Hearing Panel.
- To be informed in writing whether the other party will be accompanied to a hearing by either an advisor or an attorney.
- Hearings shall be limited to the specific charges filed.
- Those hearing the case may provide for separate hearings if a single incident gives rise to charges against more than one person. They may also hear all such cases in one proceeding.
- All proceedings, testimony, findings, recommendations, decisions, and the names of the parties involved in any closed hearings are confidential and shall not be disclosed to anyone not involved in or not responsible for the disposition of the hearing or case, unless such disclosure is required by law.
- Provisions shall be made by those hearing the case for an accurate record of all hearings by recording or other appropriate means.
- Appeal of a recommendation by a hearing panel as provided in this policy.
- Any situation, question, rule, point, issue, or matter not directly provided for in this policy but which arises under this policy will be resolved by the hearing panel or administrator.
ACKNOWLEDGEMENTS: The University acknowledges and credits documents from the following universities in the re-writing of this document: Bowling Green State University, Eastern Illinois University, Indiana State University, Saint Louis University and Southern Illinois University Carbondale.
Approved by President effective 7/17/12
This policy was issued on September 7, 2012, replacing the August 23, 2012 version.
Document Reference: 3C1
Origin: OC 1/8/90; OC 11/14/90; OC 5/14/91; OC 3/19/92; OC 2/25/94; OC 5/4/94; OP 7/7/98; OP 7/17/12