Table of Contents

A.  Introduction

B.  Rights and Responsibilities

C.  Title/Authority/Enforcement

D.  Jurisdiction

E.  Definitions

F.  Violations

1.  Acts of Academic Dishonesty

2.  Acts of Social Misconduct

3.  Property Damage

4.  Weapons (unauthorized possession and/or use)

5.  Disobedience

6.  Deception

7.  Theft

8.  Safety

9.  Cannabis or Controlled Substances (as defined in Chapter 56½ of the Illinois Revised Statutes)

10.  Hazing (as defined in Chapter 144 of the Illinois Revised Statutes)

11.  Abusive or disorderly conduct

12.  Violations of University Housing regulations

13.  Violations of other duly promulgated University policies or regulations

14.  Acts Against the Administration of this Code

15.  Soliciting, aiding, abetting, concealing, or attempting conduct in violation of this Code.

G.     Sanctions

1.  Failure of an assignment, quiz, test, examination, or paper.

2.  Failure in a course

3.  Disciplinary Reprimand

4.  Disciplinary Censure

5.  Disciplinary Probation

6.  Disciplinary Suspension

7.  Indefinite Suspension

8.  Interim Separation

9.  Policies and Procedures Applicable to Academic Dishonesty

10.  Sanctions

11.  Notification

12.  Appeals

13.  Implementation of Sanction(s)

14.  Exceptions

15.  Policies and Procedures Applicable to Social Misconduct

16.  Formal Disciplinary Procedures

• Introduction

  Purpose

  Southern Illinois University at Carbondale is dedicated not only to learning, research, and the advancement of knowledge, but also to the development of ethically sensitive and responsible persons. The University seeks to achieve these goals through sound educational programs and policies governing individual conduct that encourage independence and maturity.  By accepting membership in this University, an individual joins a community characterized by free expression, free inquiry, intellectual honesty, respect for others, and participation in constructive change. All rights and responsibilities exercised within this academic environment shall be compatible with these principles.

• Rights and Responsibilities

Students shall be free to examine all questions of interest to them and to express opinions. They shall be guaranteed all constitutional rights including free inquiry, expression, and assembly.  All regulations shall seek the best possible reconciliation of the principles of maximum academic freedom and necessary order.

• Title/Authority/Enforcement

  These regulations shall be known as the Student Conduct Code for Southern Illinois University at Carbondale.  The regulations contained herein are established under the authority granted by law to the Board of Trustees to establish rules and regulations for Southern Illinois University and pursuant to Chapter 3 Policies of the Board of Trustees C authorizing the President to develop regulations dealing with student rights and conduct.  All students of the University community have the responsibility to comply with these regulations. The responsibility for the enforcement of the Code rests with the President of Southern Illinois University at Carbondale or that officer’s designees.  The effective date for this Code is June 9, 1986.

• Jurisdiction
  • The University community has a responsibility to provide its members those privileges, opportunities, and protections which encourage and maintain an environment conducive to educational development.  Accordingly, this Code shall apply to:
  • conduct occurring on property owned or controlled by the University, and
  • conduct occurring elsewhere, but only if the student’s conduct has substantially interfered with the University’s educational functions, including, but not limited to, interference with the educational pursuits of students, faculty, or staff or conduct having its origins in the educational process.
  • When a student has been apprehended for violation of a law the University will not request special consideration because of the individual’s status as a student. The University will cooperate fully with law enforcement and other agencies administering a corrective or rehabilitative program for the student.  The University reserves the right to initiate concurrent disciplinary action.
  • Academic dishonesty violations in the School of Law will be adjudicated through that Unit’s Professional Ethics Policy. Academic dishonesty violations in the School of Medicine will be adjudicated through that unit’s Student Progress System.  Law students and medical students on the Carbondale campus charged with other violations of the Code will be treated as any undergraduate and graduate student.  In addition, law students charged with violation of social misconduct may also be charged under the School of Law’s Professional Ethics Policy and medical students on the Carbondale campus charged with violations of social misconduct may also be charged under the School of Medicine’s Student Progress System.
• Definitions
• “Academic officer” means any Instructor, Department Chair, Dean, Director, or Coordinator.
• “Adjudication” means the resolution of disciplinary charges, including the appeal process.
• “Admission” means admission, readmission, reentry, registration, and re-registration as a student in any educational program at the University.
• “Appeal” means a process for reviewing an earlier decision.
• “Board” means the Board of Trustees of Southern Illinois University.
• “Charge” means an accusation of a violation of the Student Conduct Code of Southern Illinois University at Carbondale.
• “Code” means the Student Conduct Code for Southern Illinois University at Carbondale.
• “Days” means all days when classes are in session.
• “Formal” disciplinary procedures are disciplinary procedures used when the question of guilt is contested or when the student accepting responsibility for the disciplinary charge prefers to have a full hearing on the sanction.
• “Informal” disciplinary procedures are disciplinary procedures used when the question of guilt is not contested and the student prefers to have an immediate decision on the sanction.
• “Instructor” means any teaching assistant or member of the faculty.
• “Members of the University Community” means the members of the Board of Trustees, employees, and registered students of Southern Illinois University at Carbondale.
• “President” means that individual appointed by the Board as the chief executive, administrative, and academic officer of Southern Illinois University at Carbondale and any person authorized or directed by the President to act on that officer’s behalf.
• “Sanction” means a measure imposed on account of violation(s) of the Code.
• “Student” means any person registered for, enrolled in, or auditing one or more classes.
• “University” means Southern Illinois University at Carbondale.
• “University official” means any individual authorized or directed by the President or that officer’s designee to perform any delegated function.
• “Violation” means a breach of conduct governed by the Code.  The standard of proof used shall be a preponderance of the evidence.
• Violations
  • Acts of Academic Dishonesty
    • Plagiarism:  Representing the work of another as one’s own work.
    • Preparing work for another that is to be used as that person’s own work.
    • Cheating by any method or means.
    • Knowingly and willfully falsifying or manufacturing scientific or educational data and representing the same to be the result of scientific or scholarly experiment or research.
    • Knowingly furnishing false information to a University official relative to academic matters.
    • Soliciting, aiding, abetting, concealing, or attempting conduct in violation of this Code.
  • Acts of Social Misconduct

    • Violence

    • Rape

    • Physical Abuse

    • Direct threat of violence

    • Harassment

    • Intimidation

    • Intentional obstruction or substantial interference with any person’s right to attend or participate in any University function

    • Participation in any activity to disrupt any function of the University by force or violence

    • Reckless behavior representing a danger to person(s)

  • Property Damage
    • Arson
    • Willful or malicious damage or destruction of property
    • Reckless behavior representing a danger to property
  • Weapons (unauthorized possession and/or use)
  • Firearms
  • Explosives and/or explosive devices
  • Any type of arms defined as weapons in Chapter 38 of the Illinois Revised Statutes
  • Pellet guns and BB guns
  • Fireworks
  • Disobedience
  • Disobedience, interference, resistance, or failure to comply with direction of an identified University official acting in the line of duty.
  • Trespassing
  • Unauthorized entry
  • Deception
  • Furnishing false information to the University with intent to deceive
  • Forgery, alteration, or misuse of University documents, records, and identification cards
  • Forgery or issuing a bad check with intent to defraud
  • Theft
  • Misappropriation or conversion of University funds, supplies, equipment, labor, material, space, or facilities
  • Possession of stolen property
  • Safety
  • Intentionally entering false fire alarms
  • Bomb threats
  • Tampering with fire extinguishers, alarms, or safety equipment
  • Tampering with elevator controls and/or equipment
  • Failure to evacuate during a fire, fire drill, or false alarm
  • Cannabis or Controlled Substances (as defined in Chapter 56½ of the Illinois Revised Statutes)
  • Manufacture
  • Sale or delivery
  • Unauthorized possession and/or use
  • Hazing (as defined in Chapter 144 of the Illinois Revised Statutes)
  • Abusive or disorderly conduct
  • Violations of University Housing regulations
  • Violations of other duly promulgated University policies or regulations, including but not limited to, alcohol, demonstrations, pets, smoking, solicitation, and guidelines for access to data and programs stored on the computer, will be adjudicated under this Code.
  • Acts Against the Administration of this Code
  • Initiation of a complaint or charge knowing that the charge was false or with reckless disregard of its truth.
  • Interference with or attempt to interfere with the enforcement of this Code, including but not limited to, intimidation or bribery of hearing participants, acceptance of bribes, dishonesty, or disruption of proceedings and hearings held under this Code.
  • Knowing violation of the terms of any disciplinary sanction or attached conditions imposed in accordance with this Code.
  • Soliciting, aiding, abetting, concealing, or attempting conduct in violation of this Code.

  Charges of sexual harassment may be adjudicated under the University Sexual Harassment Policy.

• Sanctions

  The following are sanctions which may be imposed for a violation of this Code. Also, a condition may accompany a sanction.  Conditions include, but are not limited to, restitution of damages, work projects, required counseling or therapy, required academic performance, etc.  A condition may include loss of certain university privileges. If a condition accompanies a sanction, the condition must be related to the violation.

  • Failure of an assignment, quiz, test, examination, or paper.

  A failing grade (F) may be assigned for the work in connection with which the violation occurred.

  • Failure in a course

  A failing grade (F) may be assigned for the course in which the violation occurred.

  • Disciplinary Reprimand

  In cases of minor violations and when the violation is acknowledged by the student, a written reprimand may be issued by the Dean for Student Life or that officer’s designee upon the recommendation of a University official.  The purpose of the reprimand shall be to call to the student’s attention the responsibility of meeting certain minimal community standards. Since a reprimand is given only when the violation is acknowledged the sanction may not be appealed.

  • Disciplinary Censure

  Disciplinary censure is a written warning to the student that the cited behavior is not acceptable in the University community and that further misconduct may result in more severe disciplinary action. The student may appeal the finding of a violation but may not appeal the severity of the sanction.

  • Disciplinary Probation

  Disciplinary probation removes a student from good disciplinary standing.  The probation shall last for a stated period of time and until specific conditions, if imposed, have been met. Any misconduct during the probationary period will bring further disciplinary action and may result in suspension.  Probationary status prevents the student from representing the University in some extracurricular activities and may result in the loss of some types of financial assistance.

  • Disciplinary Suspension

  Disciplinary suspension is an involuntary separation of the student from the University for a stated period of time and until a stated condition, if imposed, is met after which readmission will be permitted. Disciplinary suspension is entered on the student’s transcript for the duration of suspension.

  • Indefinite Suspension

  Indefinite suspension is an involuntary separation of the student from the University for an unprescribed period of time and until a stated condition, if imposed, is met. Any consideration for readmission requires a written petition to the appropriate administrative official before readmission will be considered. The indefinite suspension is entered on the student’s transcript for the duration of the suspension.

  • Interim Separation

  If the President or that officer’s designee has reasonable cause to believe that a serious and direct threat to the safety and well-being of the members and/or property of the University community will be present if an individual is permitted to remain an active member of the community an interim separation may be imposed. A preliminary hearing or the opportunity for a preliminary hearing shall be afforded.  If it is impossible or unreasonably difficult to conduct a preliminary hearing prior to the interim separation the individual shall be afforded the opportunity for such a preliminary hearing at the earliest practical time.  The purpose of the preliminary hearing is to determine if there is justification to invoke an interim separation.  During the preliminary hearing, the student will be provided a statement of the reasons for interim separation and will be afforded an opportunity to rebut. Interim  separation is temporary and shall be enforced only until the completion of a full disciplinary hearing. A full disciplinary hearing shall be provided within a reasonable period of time.

  • Policies and Procedures Applicable to Academic Dishonesty
  • Judicial Structure
  • Department Level

  The department Chair shall have initial jurisdiction over complaints of academic dishonesty and may adjudicate the case if the student accepts responsibility for the violation(s).

  • College/School Level
  • Each Dean has the responsibility for the formal resolution of charges against a student. For the purpose of administering this code, the Graduate School Dean shall operate at the level of other deans.
  • Charges of falsifying information on applications for admission shall be adjudicated by the Director of Admissions and Records.  The Director of Admissions and Records, for the purpose of administering this Code, shall operate at the level of other deans.
  • When social misconduct is also involved in an incident(s) of academic dishonesty, the Dean shall charge the student with all violations.  All charges shall be adjudicated under the provisions for academic dishonesty.
  • Presidential Level

  This level has jurisdiction to hear appeals.

  • Informal Disciplinary Procedures
  • Informal Hearing

  In cases where the student admits to a violation of the Code relating to academic dishonesty the matter may be adjudicated at the department level. An informal discussion between the instructor and the student shall be held. If the student admits in writing to a violation of the code, the instructor shall recommend in writing a sanction to the department Chair. The Chair shall meet with the instructor and the student, receive the acknowledgment of responsibility from the student, receive the recommendation from the instructor, and apprise the student of the sanction.

  • Sanctions

  The full disciplinary history of the student shall be considered in determining the sanction.  Sanctions which may be imposed when the student accepts responsibility for the conduct are:

  • The student may be removed from the class immediately.
  • The student may be assigned a failing grade for the work and/or course.
  • The student may be placed on academic probation.
  • Any combination of the above.
  • The department Chair may recommend to the dean that the student be suspended from the University.
  • Notification

  The department Chair shall send written verification of the sanction(s) to the student. Such notification will normally be sent within five days of the meeting with the instructor and the student.

  • Appeal

  The student may appeal the severity of the sanction or failure to follow prescribed procedure, pursuant to IV C 8.  A student may not appeal the question of guilt.

  • Formal Disciplinary Procedure
  • Initiation of a Complaint
  • Any member of the University community may initiate disciplinary proceedings by filing a complaint within twenty days of discovery of an alleged violation of the Student Conduct Code. The complaint must be made in writing with all available evidence attached.  The complaint shall be filed with the department Chair in the unit in which the alleged violation occurred.
  • The department Chair shall make a preliminary review of the complaint. If there are no grounds for disciplinary charges the complainant shall be notified. If the complainant wishes to proceed with a disciplinary charge a written request must be submitted to the appropriate academic dean within ten days of the receipt of the notification. The dean shall review the request, the complaint, and the department Chair’s decisions and decide whether to pursue formal charges.
  • Formal Charges

  In cases of alleged academic dishonesty where guilt is disputed by the student, as well as whenever there has been a recommendation from the department Chair for suspension, the case will be adjudicated at the dean’s level with a formal hearing.  Dean shall notify the student in writing regarding the charge(s) as well as the date, time, and place of the hearing. The notification will be considered to have been delivered if the notice is sent to the current local address of the student as provided to the Office of Admissions and Records by the student. Thus, failure to notify the University of changes of address could result in a hearing being held in absentia.

  • Formal Adjudication
  • The student has the right to:
  • Be apprised of all evidence.
  • Hear and question available witnesses. Sworn statements will be accepted from those persons unable to attend the hearing.
  • Not be compelled to offer evidence which may be selfincriminating.
  • Receive a written decision specifying judicial actions.
  • Appeal the decision, pursuant to IV C 8.
  • The student has the option to have:
  • Advisory assistance. The responsibility for selecting an advisor is placed on the charged student. The advisor may be any individual except a principal in the hearing. The advisor shall be limited to advising the student and shall not participate directly in the hearing.
  • An open or closed hearing.
  • Have witnesses testify in his/her behalf.  Sworn statements shall be accepted from those persons unable to attend the hearing. Character witnesses may be excluded by the hearing agent.
  • Hearing agent

  The charged student may submit a preference for hearing before a judicial board or the dean or his/her designee.  The dean shall decide the hearing agent.

  • Judicial Hearing Agents
  • Judicial Board Directives
  • Size
  • A judicial board shall be comprised of seven members.  A quorum required to conduct a hearing shall be five members. A decision shall be reached by majority vote.
  • Membership
  • Student members shall meet the following standards:
  • Full-time as defined by the Director of Admissions and Records.
  • Good disciplinary standing since matriculation
  • Minimum grade point average of 2.5 (undergraduate); 3.0 (graduate); or professional student in good standing.

  NOTE: Fulltime University employees who are enrolled in classes may not serve as student members.  Graduate assistants and student workers in the department in which the incident occurred shall be excluded from judicial boards.

  • Faculty members may include any person under faculty appointment, excluding administrators.
  • All appointments shall be reviewed by the Office of the Dean for Student Life to ensure that candidates meet the minimal requirements.  A list of judicial board members will be available upon request within the office of the academic dean.
  • Judicial Board Operating Papers

  Each judicial board may develop its own operating paper. Each operating paper shall be reviewed by the office of the Dean for Student Life to ensure consistency with the provisions of this Code.

  • Administrative Advisors

  Each judicial board shall have an administrative advisor from the Office of Student Life.  The advisor’s role shall be limited to providing guidance and clarification. The advisor shall sit with the panel in both open and executive sessions.

  • Terms

  Each judicial board shall be in session for twelve weeks during the fall and spring terms and for four weeks during the summer term.  A board is not expected to meet during the first two nor the last two weeks of a term.  Disciplinary cases shall be adjudicated by an administrative hearing officer when a board is not in session or is defunct.

  • Powers

  A judicial board shall make a decision of guilt or innocence and shall make a recommendation on the sanction to the Dean.

  • Administrative Hearing Officer

  The administrative hearing officer shall be the academic dean or the officer’s designee.

  • Judicial Hearings
  • 1) Time limitations
  • A student electing formal adjudication shall have a minimum of five days written notice prior to a hearing.
  • A student shall have five days after receiving notification of the decision in which to submit an appeal.
  • Failure to appear

  Initial jurisdiction hearings shall be held in absentia when the charged student fails to appear. An appeal shall be dismissed when the student fails to appear.

  • Tape Recordings

  All formal judicial hearings shall be tape recorded. After the appeal period has expired the tape may be erased.

  • Challenge for cause

  A student may challenge panel members for cause. The decision to remove a panel member will be made by the other panel members.

  • Peremptory challenge

  A student may challenge one panel member without assigning any cause. A peremptory challenge will be automatically honored by the chair of the panel.

  • Confidentiality

  All evidence, facts, comments, and discussions at a closed hearing and all executive sessions shall be held in strict confidence. Failure to maintain confidentiality may result in removal of judicial board members by the dean.

  • Sanctions

  A student’s disciplinary history shall have no bearing on the question of guilt or innocence. If, however, a student is found to be in violation of the Code, the full disciplinary history shall be considered in determining the sanction.  The academic dean shall request the student’s disciplinary record from the Student Life Office. The academic dean and the Dean for Student Life shall develop lines of communication to keep each other apprised of a student’s disciplinary history for this purpose. Sanctions which may be imposed are:

  • The student may be assigned a failing grade for the work and/or course.
  • The student may be placed on disciplinary probation.
  • The student may be suspended from the University.
  • Any combination of the above.
  • Notification

  The Dean shall send written notification of the decision of the hearing and sanction(s) to the student.  Such notifications will normally be sent within five days of receipt of the judicial board’s recommendation or within five days of the administrative hearing.

  • Appeals

  Any disciplinary determination or sanction involving academic dishonesty may be appealed from the dean’s level by submitting an application for appeal in writing to the Vice President for Academic Affairs and Research within five days after receiving notification of the prior decision.  However, the right of appeal does not guarantee that an appeal will be granted nor does it entitle the student to a full rehearing of the case. An appeal hearing, if granted, will be limited to the issues set forth in subparagraph c. below.

  • The student may submit a preference for an appeal hearing before a judicial board or an administrative hearing officer.  The Vice President for Academic Affairs and Research shall decide the hearing agent.
  • The burden of proof at the initial jurisdiction level is on the University.  At the appeal level, however, the student bears the burden of demonstrating error as defined in the following item.
  • Three issues constitute possible grounds for an appeal:
  • Were judicial procedures correctly followed?
  • Did the evidence justify a decision against the student?
  • Was the sanction(s) imposed in keeping with the gravity of the violation?  Previous violation(s) of the Code and the accompanying sanction(s) will be considered in determining a proper sanction for a current violation.
  • The appropriate committee of the judicial board or the administrative hearing officer will review the appeal to ascertain whether there are sufficient grounds for a hearing.

  If an appeal hearing is granted the agent hearing the appeal will not rehear the case. The agent will limit its review to the specific points of the appeal that were accepted at the screening review.

  • The agent hearing the appeal may:
  • Affirm the decision(s) of the initial jurisdiction.
  • Affirm the decision(s) and reduce the sanction.
  • Modify the decision(s) of violation and reduce the sanction.
  • Reverse the decision(s) of violation, remove the sanction, and dismiss the case.

  A student dissatisfied with the decision on an appeal may seek review by the President by submitting such a request in writing within five days after receiving notification of the prior decision.  Review by the President shall also be limited to the issues specified in subparagraph c. above.

  Further appeal may be made to the Board of Trustees by filing an application for appeal in accordance with Article VI Section 2 of the Board of Trustees Bylaws.  The Board of Trustees will review only those administrative decisions which meet the requirements for review established by the Board’s Bylaws.

  • Implementation of Sanction(s)
  • The disciplinary sanction(s) shall be implemented when:
  • The student has waived the right of appeal, or
  • The appeal period has expired.
  • The sanction shall be specified by the final adjudicating agent.
  • A student separated from the University of disciplinary reason is subject to the normal guidelines for tuition and fee refunds, grades, and financial penalties for terminating a housing contract.
  • Following the implementation of the sanction, all records relating to the case will be filed with the Dean for Student Life.
  • Exceptions

  The above procedures shall be followed unless an exception is authorized in writing by the Vice President for Academic Affairs and Research.  All requests for temporary exceptions shall be submitted in writing to the Vice President.  Any exception allowed shall be limited to individual cases and shall not infringe upon a student’s right to written notice, opportunity for a hearing, and an appeal.

  • Policies and Procedures Applicable to Social Misconduct
  • Judicial Structure
  • Unit Level

  A case may be resolved informally by a University official in a department/office as authorized by the Dean for Student Life, pursuant to V B 1. All cases in which guilt is disputed shall be referred to the Student Life Office.

  • Campus Level

  The Campus Judicial Board for Discipline and/or the Coordinator of Student Discipline has initial jurisdiction over social misconduct not handled by other offices.  The campus level also shall hear appeals from the unit level.

  • Presidential Level

  This level has jurisdiction to hear appeals.

  • Informal Disciplinary Procedures
  • Informal Hearing
  • In cases where the student accepts responsibility for the social misconduct the matter may be adjudicated at the departmental/office level. An informal discussion between the University official and the student shall be held. If the student accepts responsibility for the charge(s) the University official shall recommend a sanction to the Coordinator of Student Discipline.
  • Sanctions
  • The full disciplinary history of the student shall be considered in determining the sanction.  The University official may recommend to the Coordinator of Student Discipline any of the following sanctions:
  • Disciplinary reprimand
  • Disciplinary censure
  • Disciplinary probation
  • Disciplinary suspension
  • Indefinite suspension
  • Interim suspension
  • Notification

  The Coordinator of Student Discipline shall send written verification of the sanction to the student within five days of the receipt of the recommendation.

  • Appeals

  A student may appeal the severity of the sanction pursuant to V C 9 or failure to follow prescribed procedure. A student may not appeal the question of guilt.

  • Formal Disciplinary Procedures
  • Initiation of a Complaint
  • Any member of the University community may initiate disciplinary proceedings by filing a complaint with the Coordinator of Student Discipline within twenty days of the discovery of an alleged violation of the Student Conduct Code.  The complaint must be in writing with all available evidence attached.
  • The Coordinator of Student Discipline shall make a preliminary review of the complaint. If there are no grounds for disciplinary charges or if the complaint should be processed under another policy the complainant shall be notified. If the complainant wishes to proceed with a disciplinary charge a written request must be submitted to the Dean for Student Life within ten days of the receipt of the notification.  The dean shall review the request, the complaint, and the Coordinator of Student Discipline’s decision and decide whether to pursue formal charges.
  • Formal Charges

  In cases of alleged social misconduct when guilt is disputed by the student, the case will be adjudicated at the appropriate level with a formal hearing. The Coordinator of Student Discipline shall notify the student in writing regarding the charge(s) as well as the date, time, and place of the hearing. The notification will be considered to have been delivered if the notice is sent to the current local address of the student provided to the Office of Admissions and Records by the student. Thus, failure to notify the University of changes in address could result in a hearing being held in absentia.

  • Fact-finding Conference

  The Coordinator of Student Discipline shall conduct a factfinding conference which shall include the charged student and may include the complainant and/or witnesses.  Matters to be examined at the factfinding conference are:

  • The charge(s) filed against the student.
  • The evidence against the student.
  • The witnesses, if any, that shall testify.
  • The provisions of the Student Conduct Code.
  • Whether to continue disciplinary procedures.
  • The student may elect to acknowledge the violation(s) at the factfinding conference and have a decision made on the sanction by the Coordinator of Student Discipline at the factfinding conference.  If this option is chosen the student may appeal only the severity of the sanction.
  • The student may elect to have a formal hearing scheduled in the future.

  If the student fails to make an appointment for or fails to keep a scheduled appointment for a factfinding conference the case may automatically be referred to the appropriate hearing agent for a hearing.

  • Formal Adjudication
  • The student has the right to:
  • Be apprised of all evidence.
  • Hear and question available witnesses. Sworn statements will be accepted from those persons unable to attend the hearing.
  • Not be compelled to offer evidence which may be selfincriminating.
  • Receive a written decision specifying judicial actions.
  • Appeal the decision, pursuant to V C 9.
  • The student has the option to have:
  • Advisory assistance. The responsibility for selecting an advisor is placed on the charged student.  The advisor may be any individual except a principal in the hearing. The advisor shall be limited to advising the student and shall not participate directly in the hearing.
  • An open or closed hearing.
  • Witnesses testify in his/her behalf. Sworn statements shall be accepted from those persons unable to attend the hearing.  Character witnesses shall be excluded.
  • Hearing agent

  The charged student may submit a preference for a hearing before a judicial board or an administrative hearing officer. The appropriate University official may decide the hearing agent.

  • Judicial Hearing Agents
  • Judicial Board Directives
  • Size

  A judicial board shall be comprised of seven members.  A quorum required to conduct a hearing shall be five members. A decision shall be reached by majority vote.

  • Membership
  • Student members shall meet the following standards:
  • Full-time as defined by the Director of Admissions and Records.
  • Good disciplinary standing since matriculation.
  • Minimum grade point average of 2.5 (undergraduate); 3.0 (graduate); or professional student in good standing.

  NOTE:  Full-time University employees who are enrolled in classes may not serve as student members.

  Faculty members may include any person under faculty appointment, excluding administrators.

  All appointments shall be reviewed by the office of the Dean for Student Life to ensure that candidates meet the minimal requirements.  A list of judicial board members will be available upon request within the office of the Dean for Student Life.

  • Judicial Board Operating Papers

  Each Board may develop its own operating paper.  Each operating paper shall be reviewed by the Office of the Dean for Student Life to ensure consistency with the provisions of this Code.

  • Administrative Advisors

  Each judicial board shall have an administrative advisor from the Office of Student Life.  The advisor’s role shall be limited to providing guidance and clarification. The advisor shall sit with the panel in both open and executive sessions.

  • Terms

  Each judicial board shall be in session for twelve weeks during the fall and spring terms and for four weeks during the summer term.  A board is not expected to meet during the first two nor the last two weeks of a term.  Disciplinary cases shall be adjudicated by an administrative hearing officer when a board is not in session or is defunct.

  • Powers

  A judicial board shall make a decision of guilt or innocence and shall make a recommendation on the sanction to the appropriate administrator.

  • Administrative Hearing Officer

  An administrative hearing officer appointed by the Dean for Student Life shall be available at all levels to adjudicate disciplinary cases.

  • Judicial Hearings
  • Time limitations
  • A student electing formal adjudication shall have a minimum of five days written notice prior to a hearing.
  • A student shall have five days after receiving notification of the decision in which to submit an appeal.
  • Failure to appear

  Initial jurisdiction hearing shall be held in absentia when the charged student fails to appear. An appeal shall be dismissed when the student fails to appear.

  • Tape Recordings

  All formal judicial hearings shall be tape recorded. After the appeal period has expired the tape may be erased.

  • Challenge for cause

  A student may challenge panel members for cause. The decision to remove a panel member will be made by the other panel members.

  • Peremptory challenge

  A student may challenge one panel member without assigning any cause. A peremptory challenge will be automatically honored by the chair of the panel.

  • Confidentiality

  All evidence, facts, comments, and discussions at a closed hearing and all executive sessions shall be held in strict confidence. Failure to maintain confidentiality may result in administrative removal of judicial board members by the Dean for Student Life.

  • Sanctions

  A student’s disciplinary history shall have no bearing on the question of guilt or innocence.  If, however, a student is found to be in violation of the Code, the full disciplinary history shall be considered in determining the sanction.  The Dean for Student Life shall request the student’s disciplinary record from the academic dean.  The academic dean and the Dean for Student Life shall develop lines of communication to keep each other apprised of the student’s disciplinary history for this purpose.

  • Sanctions which may be imposed are:
  • Disciplinary reprimand
  • Disciplinary censure
  • Disciplinary probation
  • Disciplinary suspension
  • Indefinite suspension
  • Interim suspension
  • Notification
  • The Coordinator of Student Discipline shall send written notification of the decision of the hearing and sanction(s) to the student.  Such notifications will normally be sent within five days of receipt of the judicial board’s recommendation or within five days of the administrative hearing.
  • Appeals
  • Any disciplinary determination or sanction involving social misconduct may be appealed to the next level in the judicial structure by submitting an application for appeal to the Dean for Student Life or the Vice President for Student Affairs, as appropriate, within five days after receiving notification of the prior decision.  However, the right of appeal does not guarantee that an appeal will be granted nor does it entitle the student to a full rehearing of the case. An appeal, if granted, will be limited to the issues set forth in subparagraph c. below.

  The student may submit a preference for an appeal hearing before a judicial board or an administrative hearing officer. The appropriate university official shall decide the hearing agent.

  The burden of proof at the initial jurisdiction level is on the University.  At the appeal level, however, the student bears the burden of demonstrating error as defined in the following item.

  • Three issues constitute possible grounds for an appeal:
  • Were judicial procedures correctly followed?
  • Did the evidence justify a decision against the student?
  • Was the sanction(s) imposed in keeping with the gravity of the violation? Previous violation(s) of the Code and the accompanying sanction(s) will be considered in determining a proper sanction for a current violation.

  The appropriate committee of the judicial board or the administrative hearing officer will review the appeal to ascertain whether there are sufficient grounds for a hearing.

  If an appeal hearing is granted the agent hearing the appeal will not rehear the case. The agent will limit its review to the specific points of the appeal that were accepted at the screening review.

  • The agent hearing the appeal may:
  • Affirm the decision(s) of the initial jurisdiction.
  • Affirm the decision(s) and reduce the sanction.
  • Modify the decision(s) of violation and reduce the sanction.
  • Reverse the decision(s) of violation, and remove the sanction, and dismiss the case.

  A student dissatisfied with the decision of the Vice President of Student Affairs may seek review by the President by submitting such a request in writing within five days after receiving notification of the prior decision.  Review by the President shall also be limited to the issues specified in subparagraph c. above.

  Further appeal may be made to the Board of Trustees by filing an application for appeal in accordance with Article VI Section 2 of the Board Bylaws.  The Board of Trustees will review only those administrative decisions which meet the requirements for review established by the Board’s Bylaws.

  • Implementation of Sanction(s)
  • The disciplinary sanction(s) shall be implemented when:
  • The student has waived the right of appeal, or
  • The appeal period has expired.
  • The sanction shall be specified by the final adjudicating agent.
  • A student separated from the University for disciplinary reasons is subject to the normal guidelines for tuition and fee refunds, grades, and financial penalties for terminating a housing contract.
  • Any type of disciplinary separation from the University may be accompanied by a condition which bars the student from University property.
  • Exceptions

  The above procedures shall be followed unless an exception is authorized in writing by the Dean for Student Life.  All requests for temporary exceptions shall be submitted in writing to the Dean for Student Life.  Any exception allowed shall be limited to individual cases and shall not infringe upon a student’s right to written notice, opportunity for a hearing, and an appeal.

  • Amending Procedures
  • Review and/or Revisions

  At the request of any recognized constituency, the Vice President for Academic Affairs and Research, or the Vice President for Student Affairs, the President or that officer’s designee shall appoint a committee to consider amendments to this Code. The committee shall consist of two undergraduate students, one graduate student, two faculty members, one academic dean, one representative from the University Housing Office, one representative from the Student Life Office, and an ex officio representative from the Legal Counsel Office.  The student and faculty members shall be designed by their appropriate constituencies.  The Vice President for Student Affairs shall appoint a Chair for the committee who may be one of the members listed above.

  • Amendments
  • The President may propose to the Chancellor amendments to the Code.  Whenever the circumstances allow, due consideration shall be given to the recommendations of the committee provided for in the preceding paragraph.  Amendment will be accomplished by the regular procedures for amendment of University policy.
  • Notification
  • Any amendment of the Code shall become effective only after general notice of such change has been given to the student body, faculty, and administrative staff. General notice shall include, but not be limited to, public notification of approved amendments twice successively published in the Daily Egyptian in their entirety within seven days after approval of said amendments by the Chancellor.