University Disciplinary Policies and Procedures

tudent discipline is regarded by the university as an essential and constructive element of the educational process. In the formation of the concept of discipline at Loyola University, emphasis has been placed on the student’s acceptance of his or her own personal-social responsibility. In this concept, discipline is recognized as an educational function and as such is properly the concern of the faculty, administration, and student body.

In accord with this educational approach, the university presumes that all concerned will recognize the student’s worth and dignity and the possibility of failure as well as success as he or she strives for that degree of self control which is considered essential for mature living in a society where his or her acts are necessarily moderated by the rights and privileges of others.

Therefore, the disciplinary program of the university entails two basic functions: a positive preventive program in which it seeks to create a climate encouraging desirable behavior and, secondly, a defined remedial program in which the university seeks to reeducate the student or take other necessary corrective action, ever cognizant of the fact that the individual and the university are to be afforded protection. The university further recognizes its obligation to reevaluate periodically, and particularly in light of disciplinary situations as they arise, its program for handling problems.

As a part of the remedial phase of the disciplinary program, the enforcement of policies is largely accomplished by the university disciplinary boards or by an administrative hearing officer.
Student organizational discipline is handled by the Student Government Association judicial branch. The right of appeal of a suspension or revocation of charter is to the vice president for student affairs and associate provost of the university.

The Disciplinary System

The university’s disciplinary structure exists on two levels: a level of original jurisdiction consisting of the University Board of Review and administrative hearings and a higher level consisting of the University Board of Appeals. The jurisdiction of the disciplinary system of the university encompasses student life policy offenses and applicable federal law.

All university disciplinary boards are active during the class days of the fall and spring semesters. Violations of university policy occurring at other times will be handled by the appropriate administrative hearing officer, in accordance with the provisions of due process, with the right of appeal to be maintained. Disciplinary boards will not meet after the last day of class in a semester or during the summer sessions.

Administration of the Disciplinary Program

Any member or organization of the university community may file with the student affairs office a written complaint against any individual student, student group, or student organization that has allegedly violated university policies on the campus or at university-affiliated, off-campus events. Written complaints about incidents which occur during the semester must be filed no later than the last day of the semester following the occurrence of the alleged incident (not including the summer). University Police will conduct an investigation of the alleged violation once a written complaint is submitted. Students in violation of the regulations of the university who are referred for disciplinary action will normally be contacted by the vice president for student affairs and associate provost’s designee to schedule an appointment for a hearing within 10 working days once the investigation is completed by University Police. Students pleading culpable or culpable with mitigating circumstances to all charges will normally be heard at this time. Students pleading culpable or culpable with mitigating circumstance and/or pleading not culpable to charges of an incident may be heard by the vice president for student affairs and associate provost’s designee. The final decision must be approved by the vice president for student affairs and associate provost.

In cases where the student desires to plead not culpable, or a formal hearing is expressly warranted, the University Board of Review, Formal Administrative hearing, or Informal Administrative disciplinary options available to the student will be explained and the student will decide among them. The hearing will then be scheduled, the witnesses notified, and the hearing conducted. In such cases, the vice president for student affairs and associate provost will continue to administer the case. A person other than the vice president for student affairs and associate provost will be designated by the vice president for student affairs and associate provost to represent the university in the matter.

If the case is considered to be a minor infraction, it will be reviewed and either dismissed or the student will be called in for a discussion which may result in a warning or some form of action which is mutually agreed upon between the student and the university.

In those matters solely involving infractions of residential life policy, an assistant director of residential life will process the case and advise the student of the charges. In cases of residence hall visitation violations, a student may waive his or her right to a hearing if he or she intends to enter a culpable plea. In these cases, the sanction will be imposed immediately. The Residential Life Peer Review Board may be used to review incidents of first-time minor offenses of policy and behavior as outlined in Chapter 4. This includes, but is not limited to, major and minor visitation, alcohol, noise, littering/trashing, minor vandalism, parties, smoking, roommate behavior, guests, etc. Excluded from the Residential Life Peer Review Board are offenses deemed inappropriate for the board by the director of residential life.

The Residential Life Peer Review Board is composed of two residents from each hall, two desk assistants, and two resident assistants. These students are appointed by the associate director for residential life and judicial affairs. Hearings will be conducted by a panel of at least three members, including the chairperson.

Recommendations from the Peer Review Board will be submitted to the director of residential life for review and approval. A student may appeal the Residential Life Peer Review Board’s decision. The appeal process is outlined in Chapter 10. The appeal will be reviewed by the director of residential life. All appeal decisions made by the director of residential life are final. The Office of Residential Life reserves the right of refusing to hear the case and referring it to the university level for adjudication.

University disciplinary action will not be delayed or withdrawn for students who withdraw from the university with disciplinary action pending. The university will make a reasonable attempt to notify the withdrawn student of the date, time, and location of the hearing in the event that the former student wishes to be present. If the student is found culpable of the alleged violation and the sanction imposed is either suspension or dismissal from the university, the student’s record of withdrawal will be changed to reflect the disciplinary separation.

Office of the Vice President for Student Affairs and Associate Provost

The functions of the Office of the Vice President for Student Affairs and Associate Provost in cases involving violation of university regulations are, in addition to special counseling which may be appropriate under circumstances revealed by the violations, the following:

Advise the student of the alleged violation of which he or she is accused, the student’s rights under due process, and the student’s options with respect to the hearing officer or board.
Hear disciplinary cases and render judgments.
Assist the student in any appropriate way both during and following the investigation and hearing process.
Assist the student in carrying out the terms of any probation, suspension, dismissal, or other penalty which may be established.
Assist the student in preparation of an appeal of a disciplinary decision.

Due Process

In order to protect the rights of the student and to guarantee procedural fairness in all disciplinary hearings, the university has defined in its statement of due process what it considers to be the essential elements of procedural fairness, and hence the guidelines for the conduct of a disciplinary hearing. If the following criteria are met, the university believes that due process will be achieved.

The fault for which a student is subject to punishment is a violation of a regulation clearly promulgated and apparent to the student.
The student is informed of his or her right to have the alleged violation of university policy adjudicated before an appropriate disciplinary body, or at his or her own option, the student may appear before a student affairs officer if the officer agrees to hear the case.
The student must be informed in writing for the reasons for the disciplinary action in sufficient detail and in ample time that he or she may have an opportunity to prepare a defense for the disciplinary hearing.
The student has the right to be assumed innocent until proven guilty.
The student must be given an opportunity to testify and to present evidence and witnesses. He or she will be given a copy of any written statement presented by witnesses and can respond to those charges with appropriate documentation.
All matters upon which a decision might be based must be introduced into evidence during the proceedings. The decision should be based upon such evidence.
In the absence of a transcript, there should be a digest or a verbatim record, such as a tape recording, of the hearing. The university has the responsibility of recording the hearing. No other recordings of the hearing will be allowed. The record of the hearing is the property of the university. If the student is found culpable of the violation(s), and wishes to listen to the tape recording prior to writing an appeal, the student and the student’s adviser may listen to the recording in the student affairs office. No copies of the recording will be released. This process assists in preserving the confidentiality of the disciplinary process. The record is to be preserved by the office of the vice president for student affairs and associate provost until final disposition of the case.
The principals in a hearing may have present an adviser that is a full-time faculty or staff member of Loyola University. Attorneys are not allowed to serve as adviser, attend a university due process meeting with the vice president for student affairs and associate provost, or a disciplinary hearing.
The student who is found culpable of the allegations either through his or her own admission or by a decision of the disciplinary or appellate body has the right to establish the existence of mitigating circumstances through his or her own testimony and that of witnesses the student produces who are competent to testify to and have personal knowledge of the circumstances.
The student is informed of his or her right to appeal the decision of any disciplinary body or a student affairs officer. An appeal will be submitted in writing to the vice president for student affairs and associate provost who will forward it to the University Board of Appeals or other appropriate appellate body.

Notification of Outcome of Hearing

Normally within three working days, the student charged will be informed in writing of the decision of the hearing and the sanction administered if culpability is established. In cases involving residence staff, the director of residential life, the assistant director, and the resident/desk assistant filing the behavior report will also be notified of the outcome of the hearing. It is to be clearly understood that this is confidential information and is not shared with anyone other than the principals except in the case of suspension where appropriate university officials and/or parents are also notified.

Right of Appeal

The student will also be notified in writing of his or her right to appeal in cases where culpability is established. Appeals are to be filed in accordance with the procedures established as stated in the Student Handbook.

Administrative Separation Directive

In situations where the vice president for student affairs and associate provost or a designee has reason to believe that an alleged violation of a physical and/or sexual nature may have occurred on campus, an Administrative Separation Directive can be given to one/all parties involved. Normally a period of time of duration will be noted on the administrative action. Should the situation result in university disciplinary action, the administrative action will continue concurrently. The Administrative Separation Directive shall prohibit named students from contacting, e-mailing, telephoning, or otherwise disturbing each other. The Administrative Separation Directive will not prohibit students named from attending classes or any other campus activity (even though students named may be enrolled in the same class(es).

An Administrative Separation Directive from the student affairs office may not be considered without the student first filing a written complaint with University Police. This is an administrative action only and is directed toward behavior occurring only on Loyola University Main and/or Broadway campuses.

The Administrative Separation Directive will not be construed a finding of culpability on the part of any student. It may require moving the student(s) named to another residence hall or removing the student(s) from the residence hall environment.

Violation of the terms or conditions of the on-campus Administrative Separation Directive may subject the student to disciplinary action without regard to the outcome of the case which led to the issuance of the administrative action.

A student seeking a Protective and/or Restraining Order from the city or state can receive assistance in the process by contacting University Police.

Procedures Pertaining to Anonymity

Due process article five provides for the granting of anonymity to witnesses when it is necessary. The following procedures have been implemented to enact this provision.

Anonymity will be granted a) when there is reasonable cause to believe that the safety of the witness is in jeopardy; or b) the witness would be subject to intense harassment. Upon request of the witness, the designee of the vice president for student affairs and associate provost will thoroughly investigate the incident and make a recommendation on the granting of anonymity, subject to the concurrence and approval of the board chairman or hearing officer. Any statements of an anonymous witness will be given to the accused student at the time such statements are introduced into evidence at the hearing. The accused student may then challenge the statement and present questions to be answered by the anonymous person in a manner to be determined by the hearing authority.

Responsibilities of Hearing Participants

Individuals appearing at a disciplinary hearing have the responsibility to present truthful information. Any individual found to have willfully presented false or misleading information will be subject to disciplinary action.

A student is required to appear as a witness at a formal disciplinary hearing if his or her presence is requested. Action may be imposed upon a student if he or she refuses to appear or cooperate. Disciplinary action may be initiated if a student does not comply. A witness is not required to submit a written statement. Should a witness be unable to attend a hearing, a written statement may be submitted by the witness in lieu of personal testimony.

If an accused student upon due notice fails to respond to a charge letter within 24 hours, the vice president for student affairs and associate provost or his or her designee will assign the student to a hearing officer or a disciplinary board without consultation with the student. That assignment due to lack of response to the notice will not be a basis of appeal. If a student fails to attend a scheduled hearing, the hearing may proceed in the absence of the student. Such an absence will not be considered grounds for an appeal, unless the student provides a reasonable and compelling excuse.

Prohibition Against Retaliation

No member of the Loyola University community filing a written complaint will undergo retaliation by any person. Disciplinary action may be initiated if a student acts in a manner that is retaliatory toward the individual filing the complaint and/or to any witness.

Disciplinary Hearing Adviser

The university disciplinary hearing is not a legal proceeding. The adviser is not intended to be legal representation. Attorneys are not allowed to be present during the disciplinary hearing. The adviser’s role in the hearing is to personally advise the student. The adviser cannot speak for the student, ask any questions, and/or make presentations/comments. Should the adviser violate the role as outlined in the Student Handbook and/or behave in a manner that disrupts the hearing process, the adviser will immediately be removed from the hearing. Removing an adviser who violates the Role of the Adviser will not be considered grounds for an appeal.

Administrative Hearing Officers

In lieu of an appearance before the University Board of Review, a student may elect to have his or her case of an alleged violation of university policy heard by the vice president for student affairs and associate provost. The director of residential life, or one of the assistant directors, can hear cases which solely involve infractions of residence life policy. Hearing officers have the authority to impose any sanction consistent with university policy and the offense under consideration.

Procedures for Original Hearings

Prior to Hearing

The student will decide between a board hearing and a hearing before an administrative hearing officer. Before each hearing begins, an explanation of the reason for the tape recording of the hearing and a review of the procedures to be followed will be given. No witnesses are to be present at the hearing during steps 1 – 3.

Hearing

The behavior report or University Police report will be read, preferably by the person who filed the report.
The student charged with the offense will be asked to plead. The choices of plea are 1) culpable, 2) not culpable, and 3) culpable with mitigating circumstances. If the plea is culpable with mitigating circumstances the student will be asked to identify as part of his or her plea those circumstances he or she wishes to establish as mitigating. In the eventuality the student pleads not culpable and is found culpable, an opportunity will be given to establish mitigating circumstances prior to the decision on sanction. Mitigating circumstances are unusual circumstances which in fairness may be considered an extenuating factor for warranting the reduction of the degree of culpability.
The student(s) charged will have the opportunity to make an opening statement not to exceed 10 minutes in length. The following information is provided to serve as a guide to the hearing officer and/or board of review in conducting the hearing.
The student(s) charged may be questioned before and/or after witness testimony. Witnesses will be asked for their testimony individually. A witness who is the victim has the right to be present throughout the hearing, but not during the deliberation of the hearing officer or board of review. Please see Victim’s Rights for a complete description.
Following witness statements, hearing participants will be allowed to question statements, seek clarifications, and engage in conversation directed toward establishing the facts and motives operating in the incident under examination.
The entire testimony of the hearing, including witness statements and discussion among hearing participants will not exceed 60 minutes unless the board chair or hearing officer deems an extension is necessary.
Following this conversation, principal participants will make closing statements not to exceed five minutes each.
The hearing will be recessed and the board or the administrative hearing officer will consider the information presented in the hearing and decide on the culpability of the student. In cases where the plea is mitigating circumstances, a decision on the mitigating circumstances will also be made at this time. Deliberations are not recorded.
The hearing will be reconvened. The board or hearing officer will announce the decision on culpability. If culpable, the student’s complete personnel folder will be reviewed in his or her presence. Students who have pled not culpable and are found culpable may state mitigating circumstances prior to reviewing the personnel folder.
All hearings will be concluded at this point so that the board or hearing officer can reach a determination regarding sanction and forward the recommendation to the vice president for student affairs and associate provost for approval.
When the vice president for student affairs and associate provost serves as hearing officer, the vice president will have the option of announcing the sanction prior to the conclusion of the hearing. If so, the hearing will conclude following the sanction statement.
The announcement of sanction need not occur at the conclusion of an administrative hearing and cannot occur at the conclusion of a board hearing. In both cases the student will be informed in writing of the outcome of the hearing and, if culpable, the sanction imposed.
Normally, the student is to be informed within three working days of the outcome of the hearing and the sanction imposed.
Normally, a student desiring to plead culpable to all allegations will not elect a hearing before the University Board of Review.
In those administrative hearings where the student desires to plead culpable to all allegations, less formal procedures than those detailed in procedures 1 – 12 can be followed. In such circumstances, the accused and the accuser will be present and, while no witnesses need be present, written statements from witnesses can be introduced.

Victim’s Rights

The victim has the right to be present throughout the hearing, but not during the deliberation of the hearing officer or Board of Review.

The victim has the right to present testimony at the hearing and request that witness(es) attend the hearing.

The victim has the right to have an adviser. The adviser must be a full-time faculty or staff member of Loyola University or a parent. Attorneys are not allowed to serve as an adviser. The adviser cannot speak for the victim, but is there to provide support.

The victim has the right not to have irrelevant past history discussed during the hearing. Only information dealing with the incident should be introduced at the hearing.

In accordance with the Student-Right-to-Know and Campus Security Act, the university may choose to inform the victim of the outcome of the hearing based on one or both reasons: (1) if a violation by its nature involves risk of physical force against the person or destruction of property of another in the course of committing the offense, and/or (2) that possible threatened or attempted aggression may be used against the victim or property prior to the hearing or after it has been held. If the violation involves sexual aggression of any type, then the victim has the right to learn the outcome of the hearing. The victim may not share this information with any other person without the signed, written consent of the student found in violation of the sexual aggression policy.

Criteria for Selection of Board Members

All appointments of students to the university-level disciplinary boards are subject to the conditions specified in the code of ethics and general operating procedures that govern disciplinary boards as published in this book.
Student board members are to have sufficient available time to responsibly perform as a student representative.
Maturity.
Board members are not to be prejudiced either for or against persons or university policy.
Board members are to be fair-minded.
It is advantageous for board members to be familiar with the university and its procedures.
Students appointed to the university disciplinary boards are to be in substantial agreement with promulgated university policy.

General Operating Procedures of Disciplinary and Appellate Boards

All decisions of a disciplinary or appellate board are submitted to the appropriate approving officer in the form of a written recommendation.
Each board is to select a chair from within its own membership (with voting authority) and any other officers deemed necessary for the operation of the board.
No member of a disciplinary or appellate board who has previously participated in a particular case shall sit in judgment on that case.
No one may serve as a member of more than one disciplinary board at a given time.
Charges based on alleged violation of university or residence hall regulations can be brought against any student by any member of the Loyola academic community.
Written summary records will be made of every disciplinary or appellate hearing and will be sent to the vice president for student affairs and associate provost. The University Board of Review must provide the vice president for student affairs and associate provost with a tape recording of the hearing which will be maintained until the final disposition of the case.
All meetings of disciplinary and appellate boards are confidential and closed to the general public. Dates and times of disciplinary hearings are not made public. Disciplinary and appellate board panel members are not made public. A written record of those serving on a disciplinary hearing or appellate board review will be placed in the student’s disciplinary file upon completion of the hearing and/or review.
All appellate cases are conducted as a review, not as a new hearing.
A quorum for the Board of Review will be five members and the Board of Appeals will be four members.
All decisions of discipline and appellate boards are based upon the majority vote of the members present, with all constituencies represented. All board members must vote yes or no on all motions.

Code of Ethics

A code of ethics is published to inform students of the general guidelines of behavior established for the conduct of members of disciplinary boards.

All boards must be fair and impartial. Each delegate must cultivate a sensibility which will result in an unbiased outcome of the proceedings. In order to facilitate this standard, the following guidelines have been established.

Board members and administrative officers are committed to ensuring that the intent and meaning of the handbook will be carried out on all occasions.
The name, status, and alleged offense of any student must not be discussed with anyone other than appropriate institutional personnel. Except as required by law, the content of any judicial body deliberations or the vote on any case must not be disclosed. However, the university reserves the right to comment upon disciplinary matters if disclosed by the principal(s) in a hearing. A general listing of offenses may be made public, so long as the privacy rights of individual students are protected.
The board as a whole body must consider each case. No substitution of a board member is possible once a hearing has started. Also, if a member is absent, he or she may not participate further in the deliberations of the board.
If a member is biased according to the definition in the handbook, he or she must disqualify himself or herself before the commencement of the hearing. The board member’s right to this privilege is absolute and may not be questioned.
No member may serve on more than a single disciplinary board at any given time, thereby ensuring that there is no conflict of interest.
No student member of the board can have been under board or administration sanction for the past nine months.

Bias of Board Members

Bias is a predisposition towards an issue or person which makes it impossible for a board member to remain neutral.

At the commencement of a hearing, board members must disqualify themselves voluntarily if they believe they are biased.

University Board of Review

Authority: The University Board of Review receives its authority from the president through the vice president for student affairs and associate provost. This board has the authority to recommend any sanctions within the realm of stated university sanctions, not to exceed the maximum stated sanction for a particular alleged offense. All findings and recommendations of the University Board of Review are sent to the vice president for student affairs and associate provost for approval.

Jurisdiction: The University Board of Review shall have jurisdiction over all cases of alleged student violation of university regulations. The board’s role is to make decisions regarding culpability based upon stated university policy. While it is not the board’s role to modify policy, the board is encouraged to submit suggested modifications to policy to the appropriate jurisdiction.

Membership: The Board of Review shall have the following membership. The Student Government Association will appoint five students, one male and one female resident (from different residence halls) and three students from the student body at large. The University Senate will appoint four faculty members, and the vice president for student affairs and associate provost will appoint four members of staff administration. Hearings on disciplinary charges shall be conducted by a panel of at least five persons, including the chair. The Board of Review panel must have representatives present from all three constituencies for a hearing to occur. All members serve a two-year term. The vice president for student affairs and associate provost and the director of residential life are not eligible for membership.

Sanctions for Violations of Regulations

For violation of the student code contained in this handbook, a student may receive one or more of the sanctions which follow in accordance with the stated policy and the student’s past record of behavior.

Admonition

An oral statement to the student offender that he or she has violated university regulations.

Formal Warning

Written notice to the student to indicate that a student’s conduct has been unacceptable and that improvement is expected. It also warns a student that continuation or repetition of the conduct found wrongful, within a specified period of time, may be cause for more severe disciplinary action.

Restitution

Compensation for damage to or misappropriation of property. Compensation for a grievance caused to members of the university community may take the form of reimbursement or any appropriate positive action which the disciplinary body or administrative hearing officer shall deem germane to the violation.

Disciplinary Probation

A temporary suspension of a person’s good standing in the university for a stated period of time as set forth in the letter of disciplinary probation. The student remains enrolled in the university but under the stated conditions of the probationary status, as outlined in the letter of disciplinary probation. A letter may be written to the parents or guardians of the student explaining the terms of the probationary period. At the end of the probationary period, the person will be returned to good standing providing he or she has successfully completed all the terms of the probation.

Residence Hall Suspension

Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.

Residence Hall Dismissal

Permanent separation of the student from the residence hall both as a resident or visitor.

Interim Suspension

The vice president for student affairs and associate provost or a designee may suspend a student for an interim period pending disciplinary proceedings, such interim suspension to become immediately effective without prior notice, whenever there is evidence that the continued presence of the student on the university campus poses a substantial threat to self or to others or to the stability and continuance of normal university functions.

A student suspended on an interim basis shall be given an opportunity to appear personally before the vice president for student affairs and associate provost or a designee within three days from the effective date of the interim suspension. An inquiry shall then be held only on the following issues:

The reliability of the information concerning the student’s conduct including the matter of personal identity and
Whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on the university campus poses a substantial threat to self or to others or to the stability and continuance of normal university functions.
At this inquiry, a determination will be made of the student’s fitness to return to the campus prior to a full disciplinary hearing of the allegations.

Probationary Suspension

Probationary suspension is appropriate in cases which would generally call for suspension, but the consideration of mitigating circumstances warrants that the student not be separated at this time. It is understood that any further violation, even of a minor nature, could warrant immediate disassociation from the university. A permanent discipline record is established in the student affairs office, in accordance with the university Policy on the Release of Information.

Disciplinary Suspension

Suspension establishes a fixed period of time during which the person may not participate in any academic or other activity of the university. Suspension means that the student is physically separated from the university and must leave the campus and remain off campus during the period of suspension, unless he or she returns for official business related to applying for readmission. Parents or guardians of a dependent student are informed of the disciplinary suspension of a student. A student that is suspended during a semester will forfeit all tuition, fees, housing, and food services monies. A grade of W will be entered into the student’s academic transcript for all courses enrolled in during that semester. At the end of the suspension period, the person may be returned to good standing in the university and may apply for readmission. Academic credit received at another university during the specified period of the suspension is not transferable to Loyola University. The office of the vice president for student affairs and associate provost must clear for admission all students who have been suspended from the university for disciplinary reasons. Disciplinary suspension is entered on the student’s student personnel (nonacademic) file for a period of five years from the date of the imposition of the sanction.

Disciplinary Dismissal

Permanent termination of student status. Parents or guardians are informed of all actions of dismissal, and the fact that a student has been dismissed becomes a permanent part of the student’s student personnel (nonacademic) file.

A student that is dismissed during a semester will forfeit all tuition, fees, housing, and food services monies. A grade of W will be entered into the student’s academic transcript for all courses enrolled in during that semester.

Other Penalties

Discipline boards and administrative hearing officers are not limited to the sanctions listed, but may impose sanctions of a less severe nature which bear a reasonable relation to the fault for which the sanction is imposed. Other sanctions may include but are not limited to attendance at substance abuse counseling, testing and group education, research papers, community service, required activities, fines, restriction or loss of privileges, counseling evaluations, and work assignments.

Procedural Fine

If a student does not complete the sanction(s) given by a hearing officer or board by a stated date, a reminder notice will be sent to the student. The notice will remind the student of all sanctions and dates by which to comply. Failure to complete any of these sanctions after receipt of the reminder notice will result in a procedural fine of no less than $50 per sanction assessed to the student. The student may also be restricted from registering or receiving transcripts until all sanctions are completed.

University Board of Appeals

Authority: The University Board of Appeals receives its authority from the president through the vice president or student affairs and associate provost. The authority of the board to take action upon any appeal is restricted to those actions described in its procedures. On occasion, the board may also wish to submit administrative recommendations to the student affairs office.

Jurisdiction:The University Board of Appeals is authorized to receive all appeals of disciplinary decisions from the University Board of Review or administrative hearing officers.

Membership: The Board of Appeals shall have the following membership. The Student Government Association will appoint four students. The University Senate will appoint four faculty members, and the vice president for student affairs and associate provost will appoint four members. Disciplinary appeals shall be conducted by a panel of at least four members, including the chair and a maximum of six members. The Board of Appeals’ panel must have representatives present from all three constituencies. Members serving on the Board of Appeals will hold a two-year term of office. Members will not serve consecutive terms on the Board of Appeals.

Appeals Process

A student or organization may appeal the final, approved decision of any of the university’s disciplinary boards, administrative hearing officers, or residence hall staff members. A complete statement of the intent to appeal, citing the basis for the appeal, must be submitted in writing to the student affairs office within five working days following notification of the outcome of the original hearing. The review of the appeal will normally occur within seven calendar days following notification of the outcome of the original hearing. An extension of the preparation period or the date of the appellate review may be granted, upon request, by the student affairs office.

An appeal must be based upon one of the following reasons as provided for in the Statement on Student Rights, Freedoms, and Responsibilities. The basis of the appeal must be contained in the written statement which the student submits to the student affairs office.
While the appeals process is being conducted, the student who appealed should attend classes and participate in co-curricular activities. Once the appeals process has been completed, the outcome is final and all sanctions go immediately into effect.

Basis of Appeal

An appeal must be based upon one or more of the following reasons:

Bias: Bias is a predisposition toward an issue or person which makes it impossible for the board member or hearing officer to remain neutral. It is incumbent upon the person alleging bias to demonstrate concretely both predisposition and the inability of the board member or hearing officer to remain neutral in the conduct of the hearing or the determination of its outcome.

New Evidence: New evidence is information or material which was not known at the time of the original hearing. The student is expected to demonstrate that such evidence was not known. Evidence which was known and which the student chose not to present does not constitute a sound basis of appeal. In those cases where new evidence becomes known after the period of filing for an appeal has expired, and reasonable grounds for an appeal seem substantial, access to the appellate process may be granted by the vice president for student affairs and associate provost.

Disregard for Rights: A student’s rights in the disciplinary process are defined in the Statement on Student Rights, Freedoms, and Responsibilities, specifically in the section on Disciplinary Hearing Procedures, and also in this chapter of the Student Handbook.

Inappropriateness of the Sanction: A sanction is inappropriate if it exceeds the maximum stated penalty. Although severity of the sanction, in and of itself, does not constitute a sound basis of appeal, a sanction is inappropriate if it does not reflect a proper alignment between the nature of the offense, the student’s previous disciplinary record, other factors which should be considered, and the sanction administered. Because these multiple factors are incorporated in each individual disciplinary decision, previous decisions do not establish precedent in university disciplinary hearings. In those cases where the appellate board believes the original hearing board or officer made a substantial misjudgment of the severity of the incident or the student’s record and, in turn, the sanction administered, the appellate board may make its own recommendations.

Procedures of the Appellate Review

The written statement of appeal submitted by the student will be forwarded to the Board of Appeals for a preliminary review. Upon completing the preliminary review, the Board of Appeals, or any other board with appellate jurisdiction, is required to take one of the following courses of action:

Refuse to consider the case for appeal when less than a majority of the entire board believes the appeal is justifiable and of merit. The student will be notified in writing by the adviser of the Board of Appeals of the board’s decision. The appeals process is now completed. No further appeal is accepted.
Accept the appeal for a full review. An appellate hearing will be granted when at least a majority of the entire membership of the body decide that there is sufficient likelihood that one of the reasons upon which an appeal can be based can be proven.

Upon completion of the full review, the board must elect one of the following courses of action:

Sustain the decision of the lower disciplinary board or administrative hearing officer.
Refer the case back to the original hearing board or administrative hearing officer for a rehearing when they believe sufficient new information exists to warrant thatthe case be reconsidered in light of this information, or when an individual board member acted with bias.
Make their own recommendations when the board believes that the original board as a whole or an administrative hearing officer acted with bias or there was a prejudicial disregard of the student’s rights as defined in the Student Rights, Freedoms, and Responsibilities document or the Student Handbook. Inappropriate sanctions which exceed the maximum stated sanction are procedural concerns and as such should be returned to the original hearing board or officer for remedy. The appellate board is empowered to make recommendations in those cases where they believe the sanction is inappropriate, either by being too harsh or too lenient. Once formulated, the recommendations of the appellate board are returned to the original board or hearing officer for reconsideration. If the appellate board’s recommendations are accepted, the appeal will be considered complete. If the original board or hearing officer does not wish to accept the appellate board’s recommendations, both the original sanction and the appellate recommendations are forwarded to the vice president for student affairs and associate provost for final determination when the sanction is less than suspension or dismissal and to the president for determination when the sanction is suspension or dismissal. If the original hearing officer is the vice president for student affairs and associate provost and the vice president does not wish to accept the recommendation of the appellate board, then in cases where the original sanction is less than suspension or dismissal, the original sanction imposed by the vice president will stand. In cases where the original sanction imposed is suspension or dismissal and the vice president for student affairs and associate provost does not accept the recommendation of the appellate board, then both the original decision and the recommendation of the appellate board are forwarded to the president for final determination.

In cases where decisions of the vice president for student affairs and associate provost’s designee are being appealed, the vice president for student affairs and associate provost will advise the appellate board.

The staff adviser shall sit in on all Board of Appeals proceedings to enable the proper procedures to be administered and assure compliance with guidelines set forth in the Student Handbook. The adviser is a non-voting member of the Board of Appeals.

Recommendations of the Board of Appeals where the imposed sanction will be suspension or dismissal are forwarded to the president for his final review and disposition.

The Judicial System

The judicial system of the university consists of the Student Government Association Court of Review, the Parking Committee Appeals Board, and any other boards which may be created for the adjudication of student organizational matters.

Student Government Court of Review

Authority: The Student Government Association Court of Review receives its authority from the Student Government Association and may impose sanctions consistent with its constitution and by-laws. At times this board acts on a referral from the vice president for student affairs and associate provost, in which instance it receives its authority from the vice president for student affairs and associate provost and may recommend sanctions consistent with university policy and the alleged offense under consideration.

Jurisdiction: The Student Government Association Court of Review shall have jurisdiction over all student organization cases involving disputes, constitutional matters, and may hear appeals of an SGA decision to deny recognition to a student organization.

Parking Committee Appeals Board

Authority:The Parking Committee Appeals Board receives its authority from the president through the vice president for student affairs and associate provost. This board has the authority to sustain the sanction imposed by the issuance of a vehicle citation, reverse the sanction imposed by the issuance of a vehicle citation, or in special cases where the gravity of the alleged violation may pose a threat to the safety of personnel on the campus, the parking committee may revoke the driving privileges of the person on campus or refer the entire matter to the vice president for student affairs and associate provost for a disciplinary hearing.

Jurisdiction: The Parking Committee Appeals Board shall have jurisdiction over all cases involving appeals of citations issued for the violation of university parking regulations. Appeals must be presented in writing to the parking services/University ID office within 14 days of issuance of the citation. The Parking Committee chair will assume all responsibilities of the committee during the summer months or when committee members are unavailable and is authorized to rule on absentee appeals regularly brought before the committee.

Membership: The chair is appointed annually by the vice president for student affairs and associate provost. Two students are appointed annually by the Student Government Association. Two faculty members are appointed annually by the University Senate. One member of the administration is appointed annually by the vice president for student affairs and associate provost. One member of the staff is appointed annually by the director of human resources. The faculty or staff member must be a representative from the Broadway campus.

Other Judicial Boards

Other judicial boards may be established by appropriate organizational units (e.g., Interfraternity Council, Panhellenic Council) for adjudication of constitutional matters or violation of organizational rules, or any cases referred by the vice president for student affairs and associate provost for the alleged violation of university policy.