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Home Page :Cornerstone : Student Rights
Central Washington
University Student Rights
and Responsibilities Policy
Section One
Statement of Rights and
Responsibilities
Central Washington University is a
community that exists for the generation,
acquisition, diffusion, and preservation of
knowledge, the growth of all its members,
and the general well-being of society. Free
inquiry and free expression are indispensable
to the attainment of these goals. All members
of the University community are encouraged
to develop the capacity for critical judgment
and to engage in a sustained and independent
search for truth in an atmosphere of academic
freedom. Freedom to teach and freedom to
learn are inseparable facets of academic
freedom. The freedom to learn depends upon
appropriate opportunities and conditions in
the classroom as well as elsewhere on
campus. The responsibility to secure and to
respect general conditions conducive to the
freedom to learn is shared by all members of
the University community. The University
has developed policies and procedures which
provide and safeguard this freedom, within
the framework of general standards, and with
the broadest possible participation of the
members of the University community. This
document articulates the general policies that
provide for the academic freedom of students
in this University community and forms the
basis on which more specific policies such as
the Student Judicial Code, rules on students
records, etc., have been formulated and
adopted.
A. Admissions, Retention and Graduation
Central
Washington University supports
equal educational opportunity for all
regardless of sex, race, color, creed,
national origin, age, sexual orientation,
marital status, handicap, or religion,
disability or status as a disabled or
Vietnam era veteran. Persons seeking
admission to the University have the
right to be admitted if they meet the
admission standards established for the
University by the board of trustees of
Central Washington University.
Admission to the University does not
automatically admit students to those
programs which have special standards
for admission or which may restrict
admissions on the basis of available
resources. To be eligible for continued
enrollment in the University and for
graduation from the University, students
are responsible for meeting the
University's published requirements for
retention and graduation.
B. University Facilities and Services
All regular students have the right to
make full use of the facilities and services
of the University which are generally
available to students. There are, however,
some limitations on the availability and
use of University resources. Students are
expected to use University facilities and
services responsibly and with
consideration for other members of the
University community. Offices
responsible for providing facilities and
services will, upon request, furnish
guidelines for their use.
The relationship between students and
faculty/staff is one which is based upon
mutual respect. Students see faculty and staff
in a variety of roles: teachers, counselors,
librarians, administrators, advisors,
employers, supervisors, colleagues. In those
rare instances where a student may wish to
pursue a grievance having to do with grades
or actions taken by a faculty member or a
staff member of an office or department
which adversely affected the student's
academic progress, the University provides a
procedure by which the grievance may be
pursued. The rules for the process are
contained in the Rules Governing the
Operations of the Board of Academic
Appeals, copies of which are available in the
office of the Vice President for Student
Affairs.
A. In the Classroom
- Student Rights
A student who enrolls in a course has
the following rights:
- to know from the instructor the
goals and content of the course;
- to know from the beginning the
instructor's expectations and
grading methods;
- to be evaluated on the materials of
the course and not on extraneous
matters; and
- to consult with the instructor
outside the classroom on matters
related to the course.
- Student Responsibilities
A student who enrolls in a course has
responsibility to observe the standards
of academic performance defined by
the instructor and the standards of
conduct established by the instructor
so as to assure the freedom of the
instructor to teach and the freedom of
the other students to learn.
B. Outside the Classroom
Students have a right to the services
provided by faculty and staff, including
such services as academic advising,
counseling over a broad range of
problem areas, dissemination of
information, and clarification of
University policies and procedures,
including those involving grievances.
Because of the size and complexity of the
University, students have the primary
responsibility for initiating requests for
such services, although faculty and staff
are expected to be sensitive to students'
needs and to offer assistance if students
appear to need it.
A. Student Records Rules
The University has adopted rules which
govern the form and variety of student
records collected and maintained by the
University, the nature of information
collected, and the way in which student
information is recorded, maintained and
eventually disposed of, consistent with
federal and state regulations. Copies of
the rules (in accordance with Public Law
93-380 The Family Educational Rights
and Privacy Act of 1974, i.e., The Buckley
Amendment) are available in the office of
the Vice President for Student Affairs.
Students have a right to expect that
information about themselves of a
private, personal or confidential nature
which they share with faculty and staff
will be disclosed only according to
student records rules. Faculty and staff
may provide judgments of a student's
ability and character to others in
appropriate circumstances, normally
with the knowledge and consent of the
student concerned, and in accordance
with the University's rules on student
records.
B. Students' Rights
The rules on student records also define
the following rights of students with
respect to their records and the
procedures to be followed to guarantee
those rights:
- the right to inspect and review
information contained in their
educational records;
- the right to challenge the contents of
their educational records;
- the right to submit an explanatory
statement for inclusion in the
educational record if the outcome of
the challenge is unsatisfactory;
- the right to prevent disclosure, with
certain exceptions, of personally
identifiable information;
- the right to secure a copy of the
University rules, which includes the
location of all educational records; and
- the right to file complaints with the
appropriate federal and state
agency(ies) concerning alleged failures
by the University to comply with
applicable laws, rules and their
implementing regulations.
C. Students' Responsibilities
Students are responsible for furnishing,
completely and accurately, such
pertinent information as required by the
University so that it may perform its
proper function as an educational
institution. If students' circumstances
change, e.g., name, address, financial
situation, etc., they are responsible for
seeing that proper University officials are
informed of such changed circumstances.
Student affairs encompasses a broad area
including the freedoms to form associations,
to inquire and express opinions, and to
participate in institutional government.
- Association
Students have the right to form
organizations and to join associations to
promote their common interests. In
doing so, they have the responsibility to
follow University policies and
procedures, copies of which are available
in the office of the Director of Campus
Life.
- Inquiry and Expression
Students and student organizations have
the right to examine and discuss all
questions of interest to them, to express
opinions publicly and privately, to
support causes and to invite and hear
any person of their own choosing. Such
activities shall not disrupt the regular
and essential operation of the University.
Students and student organizations are
responsible for following the policies and
procedures related to these activities,
copies of which are available in the office
of the Director of Campus Life.
- Student Participation in Institutional Government
Students have the right to express their
views by lawful procedures on issues of
institutional policy and on matters of
general interest to the student body and
to participate in the formulation and
application of institutional policy
affecting academic and student affairs.
Student government, the Associated
Students of Central Washington
University, is the primary vehicle for
student participation in institutional
government, and its role is explicitly
stated in its constitution and by-laws,
copies of which are available in the office
of the Director of Campus Life. Other
opportunities for involvement in
academic and student affairs areas may
be found in the various departmental or
administrative offices. Having become
involved in institutional governance,
students are responsible for fulfilling the
obligations they have undertaken.
Students are members of both the
University community and the larger
community outside the University. As
members of the University community,
students are guaranteed those rights
described in this document. As members of
the larger community, students are afforded
those rights guaranteed by the state and
federal constitutions, the authority of which
extends across both communities.
At the same time, both communities have
established standards of conduct designed to
protect their essential purposes. The
University community has defined in its
Student Judicial Code that conduct in which
its members may not engage without penalty.
The larger community has defined such
behavior in its laws.
Outlined below are the standards in
disciplinary proceedings established by the
University with respect to student conduct
which violates the norms of either the
University or the larger community.
- The University Community
The Student Judicial Code enumerates
proscribed behavior and describes
procedures followed in cases where
students are alleged to have engaged in
such conduct. These procedures
guarantee procedural due process to the
accused students and are fully described
in the Student Judicial Code, copies of
which are available in the office of the
Vice President for Student Affairs.
- The Larger Community
If a student's behavior results in charges
that both the law of the larger
community and the proscriptions of the
University's Student Judicial Code have
been violated, the University does not
waive the right to initiate proceedings in
accordance with provisions of the
Student Judicial Code.
Student Judicial Code (Refer to
WAC 106-120 for complete Code.
Revisions and current policy
available in the office of the Vice
President for Student Affairs.)
- Definitions
- "University" shall mean Central
Washington University.
- "Vice President" shall mean the Vice
President for Student Affairs of the
University or the Vice President's
designee.
- "Student" shall mean a person
enrolled at the University either full or
part time, pursuing undergraduate,
graduate, or extension studies, or a
person accepted for admission or
readmission to the University.
- "University community" shall include
the employees and students of Central
Washington University and all
property and equipment of the
University.
- "Hazing" shall include any method of
initiation into a student organization
or living group, or any pastime or
amusement engaged in with respect to
such an organization or living group
that causes, or is likely to cause, bodily
danger or physical harm, or serious
mental or emotional harm, to any
student or other person attending
Central Washington University. The
term does not include customary
athletic events or other similar
contests or competitions.
- Introduction and Purpose
The students of Central Washington
University are responsible for complying
with policies, standards, rules, and
requirements for academic and social
behavior formulated by the University
for the maintenance of an orderly and
responsible functioning of the University
community. At the same time, students
have protection through orderly
procedures against arbitrary or
capricious actions or decisions by
University authorities. Due process is
recognized as essential to the proper
enforcement of University rules. The
purpose of this document is to provide a
procedure and rules by which a student
will be afforded due process in the
matter of alleged violations of University
standards, rules and requirements
governing academic and social conduct
of students.
The University recognizes a
responsibility to resolve behavior
problems before they escalate into
serious problems requiring the
application of these rules. Therefore, the
Vice President shall generally review
and/or investigate student behavioral
problems which are referred by
University community members or any
subsidiary judicial agencies to the
Campus Judicial Council, or which
otherwise come to the attention of the
Vice President through the office of Public Safety and Police Services reports
or other official University reports. The
Vice President and the problem-solving
group shall be as proactive as is possible
concerning the resolution of student
behavioral problems and use reasonable
arbitration and conflict resolution
methods in order to prevent such
problems from further interfering with
the University community or the
student's own educational progress.
The Vice President shall provide for due
process for students throughout the
behavioral problem-solving intervention
by following the proper steps related to
the initiation, investigation, and
disposition of complaints against a
student as outlined in Section III of this
document.
Any student is subject to these rules,
independent of any other status the
individual may have with the University.
Any action taken against a student under
these rules shall be independent of other
actions taken by virtue of another
relationship with the University in
addition to that of student.
- Cooperation with Law Enforcement Agencies
Central Washington University
distinguishes its responsibility for
student conduct from the controls
imposed by the larger community
beyond the University, and of which the
University is a part. The University does
not have the responsibilities of a parent
for the conduct of students, and will not
be held responsible for conduct of
students off campus. When students are
charged with violations of laws of the
nation or state, or ordinances of the
county or city, the University will neither
request nor agree to special consideration
for students because of their status as
students, but the University will
cooperate with law enforcement
agencies, courts, and any other agencies
in programs for rehabilitation of
students.
Central Washington University reserves
the right to impose the provisions of this
policy and apply further sanctions before
or after law enforcement agencies, courts,
and other agencies have imposed
penalties or otherwise disposed of a case.
A student shall be subject to disciplinary
action or sanction upon violation of any of the
following conduct proscriptions:
- disruptive and disorderly conduct
which interferes with the rights and
opportunities of other students to
pursue their academic studies;
- academic dishonesty in all its forms including, but not limited to:
- cheating on tests;
- copying from another student's test
paper;
- using materials during a test not
authorized by the person giving the
test;
- collaboration with any other person
during a test without authority;
- knowingly obtaining, using, buying,
selling, transporting, or soliciting in
whole or in part the contents of an
unadministered test or information
about an unadministered test;
- bribing any other person to obtain an
unadministered test or information
about an unadministered test;
- substitution for another student or
permitting any other person to
substitute for oneself to take a test;
- "plagiarism" which shall mean the
appropriation of any other person's
work and the unacknowledged
incorporation of that work in one's
own work offered for credit;
- "collusion" which shall mean the
unauthorized collaboration with any
other person in preparing work
offered for credit.
- filing a formal complaint with the Vice
President for Student Affairs with the
intention of falsely accusing another with
having violated a provision of this Code;
- furnishing false information to any
University official, especially during the
investigation of alleged violations of this
Code;
- furnishing false information to the
Campus Judicial Council with the intent
to deceive, the intimidation of witnesses,
the destruction of evidence with the
intent to deny its presentation to the
Campus Judicial Council or the willful
failure to appear before the Campus
Judicial Council or the Vice President
when properly notified to appear;
- intentionally setting off a fire alarm or
reporting a fire or other emergency or
tampering with fire or emergency
equipment except when done with the
reasonable belief in the existence of a
need therefore;
- forgery, alteration, or misuse of
University documents, records, or
identification cards;
- sexual assault in any form, including
acquaintance rape and other forced
and/or nonconsensual sexual activity;
- actual or attempted physical/emotional
abuse of any person or conduct which
threatens or endangers the health and
safety of any person or which
intentionally or recklessly causes a
reasonable apprehension of harm to any
person;
- harassment of any sort or any malicious
act which causes harm to any person's
physical or mental well being;
- recklessly engaging in conduct which
creates a substantial risk of physical
harm to another person;
- creating noise in such a way as to
interfere with university functions or
using sound amplification equipment in
a loud and raucous manner;
- theft or malicious destruction, damage or
misuse of University property, private
property of another member of the
University community, whether
occurring on or off campus; or theft or
malicious destruction, damage or misuse
on campus of property of a nonmember
of the University community;
- unauthorized seizure or occupation or
unauthorized presence in any University
building or facility;
- intentional disruption or obstruction of
teaching, research, administration,
disciplinary proceedings, or other
University activities or programs
whether occurring on or off campus or of
activities or programs authorized or
permitted by the University pursuant to
the provisions of this document;
- intentional participation in a
demonstration which is in violation of
rules and regulations governing
demonstrations promulgated by the
University pursuant to the provisions of
this document;
- unauthorized entry upon the property of
the University or into a University
facility or any portion thereof which has
been reserved, restricted in use, or placed
off limits; unauthorized presence in any
University facility after closing hours; or
unauthorized possession or use of a key
to any University facility;
- possession or use on campus of any
firearm, dangerous weapon or
incendiary device or explosive unless
such possession or use has been
authorized by the University;
- possession, use, or distribution on
campus of any controlled substance as
defined by the laws of the United States
or the state of Washington except as
expressly permitted by law;
- violation of the University policy on
alcoholic beverages which states:
- Persons twenty-one (21) years of age
or older may possess and/or consume
alcoholic beverages within the privacy
of their residence hall rooms or
apartments. Washington state law
provides severe penalties for the
possession or consumption of
alcoholic beverages by persons under
twenty-one (21) years of age and for
persons who furnish alcoholic
beverages to minors. All University
students should be aware of these
laws and the possible consequences of
violations.
- The University does not condone the
consumption of alcoholic beverages by
minors at functions sponsored by
Central Washington University
organizations. Organizations are held
responsible for the conduct of their
members at functions sponsored by
the organization and for failure to
comply with Washington state law.
- The Campus Judicial Council may
place on probation any organization or
prohibit a specific campus social
function when the consumption of
alcoholic beverages has become a
problem of concern to the University.
- conduct which violates the University
policies on computer use;
- violation of clearly stated proscriptions in
any published rule or regulation
promulgated by any official campus
committee or commission or council
acting within the scope of its authority;
- violation on campus of any state or
federal law or violation of any state or
federal law off campus while
participating in any Universitysponsored
activity.
- conspiracy to engage in hazing or
participation in hazing of another.
- Philosophy
When student behavioral problems
occur, the University employs a team
problem-solving approach. The Directors
of Residential Services, Equal
Opportunity, Student Health and
Counseling Services, Center for Student
Empowerment, University Relations, and
the Chief of Police join the assistant and
Associate Vice Presidents for Student
Affairs in weekly meetings to review
Residence Hall Incident Reports filed by
Living Group Advisors and Hall
Managers, as well as Campus Police
Reports which cover both on- and offcampus
students. This problem-solving
team then deals with student behavioral
problems which constitute violations of
this Code.
The problem-solving team works
together to suggest intervention
strategies which are considered to be
most appropriate and effective for
eliminating specific negative student
behaviors.
- Process
Incidents which come to the attention of
the problem-solving team may be
addressed in one of the following ways:
- no action;
- informal meetings with relevant
University officials;
- referral to the residence hall
arbitration council for resolving
certain disputes within the residence
halls;
- proceedings in the office of the Vice
President for Student Affairs. Official
proceedings in the Vice President's
office are conducted when it becomes
apparent to the problem-solving team
that the initial and more informal
forms of intervention with a student
have been unsuccessful in positively
modifying a student's behavior.
- Investigation and Disposition
of Complaints
The following rules will govern the
processing of alleged violations of the
proscribed conduct listed in the Student
Judicial Code.
- A complaint alleging misconduct
against any student at the University
may be filed by anyone at the office of
the Vice President for Student Affairs.
Students, faculty members,
administrators and other employees of
the University shall have concurrent
authority to request the
commencement of the disciplinary
proceedings provided for in this
chapter. A person filing a complaint
shall be complainant of record.
- Any student charged in a complaint
shall receive written notification from
the vice president. Such notice shall:
- inform the student that a complaint
has been filed alleging that the
student violated specific provisions
of the Student Judicial Code and the
date of the violation(s);
- set forth those provisions allegedly
violated;
- specify a time and date the student
is required to meet with the Vice
President or designee; and
- inform the student that failure to
appear at the appointed time at the
Vice President's office may subject
the student to suspension from the
University.
- When the Vice President meets with
the student, the Vice President shall:
- provide for the student a copy of
the Student Judicial Code;
- review the alleged violation with
the student; and
- conduct an investigation into the
alleged violation.
- Upon completion of the review with
the student and/or the investigation,
the Vice President may:
- drop the charges when they appear
to be invalid without substance or
capricious;
- issue a verbal warning;
- apply any of the sanctions as
outlined in Section IV if such
sanction is warranted by the
evidence;
- refer the case to the Campus Judicial
Council; or
- invoke the summary suspension
procedure as outlined in Section VII
when deemed appropriate.
- The Vice President shall inform the
student that only suspension and
expulsion sanctions may be appealed
to the Campus Judicial Council, and
that if an appeal is made, the Vice
President shall take no action nor
make any determination, except for
summary suspension, in the matter
other than to inform the student of the
time, date, and location of the
proceeding by the Campus Judicial
Council.
The following definitions of disciplinary
terms have been established and may be the
sanctions imposed by the Vice President for
Student Affairs or by the Campus Judicial
Council.
- Warning
Notice in writing that the student has
violated University rules or regulations
or has otherwise failed to meet the
University's standard of conduct. Such
warning will contain the statement that
continuation or repetition of the specific
conduct involved or other misconduct
will normally result in one of the more
serious disciplinary actions described
below.
- Disciplinary Probation.
Formal action specifying the conditions
under which a student may continue to
be a student at the University including
limitation of specified activities,
movement, or presence on the CWU
campus including restricted access to any
University building. The conditions
specified may be in effect for a limited
period of time or for the duration of the
student's attendance at the University.
- Restitution.
An individual student may be required
to make restitution for damage or loss to
University or other property and for
injury to persons. Failure to make
restitution will result in suspension until
payment is made.
- Suspension.
Dismissal from the University and from
status as a student for a stated period.
The notice suspending the student will
state in writing the term of the
suspension and any condition(s) that
must be met before readmission is
granted. The student so suspended must
demonstrate that the conditions for
readmission have been met. There is to
be no refund of fees for the quarter in
which the action is taken, but fees paid in
advance for a subsequent quarter are to
be refunded.
- Deferred Suspension.
Notice of suspension from the University
with the provision that the student may
remain enrolled contingent on meeting a
specified condition. Not meeting the
contingency shall immediately invoke
the suspension for the period of time and
under the conditions originally imposed.
- Expulsion.
The surrender of all rights and privileges
of membership in the University
community and exclusion from the
campus without any possibility for
return.
- For the specific instance of hazing,
forfeiture of any entitlement of statefunded
grants, scholarships, or awards
for a specified period of time.
- Purpose
The Campus Judicial Council shall be the
principal campuswide judicial body with
jurisdiction over all students, whether
graduate or undergraduate, and student
organizations and authority to hear all
charges of misconduct. It has authority to
impose the sanctions described in Section
IV. Other divisions of the University may
elect to establish subsidiary judicial
agencies over which the Campus Judicial
Council will have appellate jurisdiction.
Subsidiary judicial agencies or persons
levying sanctions should devise
sanctions which are in proportion to both
the nature and extent of the misconduct,
and which redress injury, damage,
expense, inconvenience and/or
grievance as far as possible. Appeal from
subsidiary councils or agencies must be
made within five working days from the
time of publication of findings by said
subsidiary judicial agency. Failure to file
such an appeal will constitute and be
construed as full acceptance by all parties
of the findings.
- Composition
The following rules govern the
composition of the Campus Judicial
Council:
- The Council shall consist of six faculty
members holding the rank of assistant
professor or above, and eight students,
at least one of whom should be a
graduate student if a graduate student
files for appointment to the Council.
- The faculty members of the Council
shall be designated in accordance
with procedures established by the
Faculty Senate.
- The student members of the
Council shall be selected in
accordance with procedures
established by the constitution of
the Associated Students of Central
Washington University. Eight
student members shall be
appointed, each student being
appointed for a term of one
calendar year. Terms of office for
students begin with the first day of
instruction of the academic year for
which the student is appointed.
- A Campus Judicial Council chair shall
be elected at the first meeting each
academic year and shall continue in
office until the person resigns or is
recalled. The duties of the Chair are as
follows:
- to call regular and special meetings
of the Council by notification to
members at least twenty-four (24)
hours in advance of the meeting
time, except in bona fide emergency
situations;
- to preside over all regular and
special meetings;
- to act as presiding officer at all
meetings of the proceeding board.
- Two of the faculty members and three
of the student members of the Council
shall constitute a quorum.
- The Vice President shall appoint a
faculty member as a Judicial Council
Advisor whose duties shall be to:
- convene the Council; and
- the Council during all
meetings and hearings.
- When a case is referred to the Campus
Judicial Council the Vice President
shall forward to the council:
- a statement describing the alleged
misconduct;
- the name and address of the
complainant;
- the name and address of the student
charged; and
- all relevant facts and statements.
- The Council Chair shall call a special
meeting of the Council and arrange for
a proceeding in the following manner:
- the Council shall determine the time
and place of the proceeding, which
shall be at least ten (10) days after
delivery of written notice to the
student. In the interest of timeliness
and efficiency, upon the request of
either the student or the Vice
President, this 10-day interval may be
waived by the Vice President, with the
student's permission. Time and place
shall be set to make the least
inconvenience for all interested
parties. The Chair may change the
time and place of the proceeding for
sufficient cause;
- the Council shall draw lots to
determine a proceeding board
consisting of five student names and
three faculty names, with one student
and one faculty serving as alternates
to be available until the proceeding
board has been constituted, and the
chair who will act as the proceeding
officer;
- no case shall be heard unless the full
membership of the proceeding board
is present;
- all cases will be heard de novo,
whether the case be an appeal from a
subsidiary judicial body or is heard as
an original complaint.
- The Council Chair shall send written
notice by certified mail of the
proceeding to the student's last known
address. The notice shall contain:
- a statement of the date, time, place
and nature of the proceeding;
- to the extent known, a list of witnesses
who will appear; and
- a summary description of any
documentary or other physical
evidence that would be presented by
the University.
- The student shall have all authority
possessed by the University to obtain
information he/she specifically describes
in writing and tenders to the Council
Chair no later than two days prior to the
proceeding or to request the presence of
witnesses, or the production of other
evidence relevant to the proceeding.
However, the University shall not be
liable for information requested by the
student or the presence of any witnesses
when circumstances beyond the control
of the University prevent the obtaining of
such information or the attendance of
such witnesses at the proceeding.
- Proceedings will ordinarily be held in
closed session unless the proceeding
board determines there is a compelling
reason for the proceeding to be open, or
the student requests an open proceeding.
A closed proceeding shall include only
members of the proceeding board,
persons directly involved in the
proceeding as parties and persons called
as witnesses.
- The proceeding shall be audio tape
recorded, and the tape shall be on file at
the office of the Vice President for a
period of three years.
- The University shall be represented by
the Vice President who shall present the
University's case against the student.
- The student may be accompanied by
counsel, or another third party, who may
offer advice. If the student utilizes an
attorney as advisor, the student must
give the Vice President two days notice
of intent to do so. If the student elects to
be advised by an attorney, the Vice
President may elect to have the
University advised by an Assistant
Attorney General.
- The Council Chair shall insure that:
- the proceeding is held in an orderly
manner giving full care that the rights
of all parties to a full, fair and
impartial proceeding are maintained;
- the charges and supporting evidence
or testimony shall be presented first,
and that there is full opportunity for
the accused student to challenge the
testimony and/or evidence, and to
cross examine appropriately;
- the student charged shall next present
evidence or testimony to refute the
charge, and that there is full
opportunity for the accuser to
challenge testimony and/or evidence,
and to cross examine appropriately;
and
- only those materials and matters
presented at the proceeding will be
considered as evidence. The presiding
officer shall exclude incompetent,
irrelevant, immaterial, and unduly
repetitious evidence.
- Any person disruptive of the proceeding
or any other procedure described in this
document shall be excluded from the
process by the chair of the Campus
Judicial Council or by the Vice President
using such means as are necessary to
insure an orderly process. Any student
engaging in such interference shall be in
contempt and may be summarily
suspended from the University by the
Campus Judicial Council or the Vice
President immediately. The student shall
be subject to a suspension or any lesser
sanction as may be determined by the
Campus Judicial Council or the Vice
President at the time the interference
takes place or within fifteen (15) working
days thereafter.
- The student has a right to a fair and
impartial proceeding but the student's
failure to cooperate with or attend a
proceeding procedure shall not preclude
the committee from making its finding of
facts, conclusions, and recommendations.
Failure by the student to cooperate may
be taken into consideration by the
Campus Judicial Council and the Vice
President in deciding the appropriate
disciplinary action.
- Upon conclusion of the proceeding, the
proceeding board in closed session shall
consider all the evidence presented and
decide by majority vote to exonerate the
student or to impose one of the sanctions
authorized by this document.
- The student shall be provided with a
copy of the board's findings of fact and
conclusions regarding whether the
student did violate any rule or rules of
the Student Judicial Code and the board's
decision as to the appropriate sanction to
be imposed.
- If a student charged with misconduct
under this code has been charged with a
crime for the same act or closely related
acts by federal, state, or local authorities,
or if it appears that such criminal charge
is under consideration, the Campus
Judicial Council may postpone action on
the complaint until there has been a
disposition of the criminal charge or of
the consideration of filing such charge.
However, prior to action by other
agencies, the Council may proceed to
hear and decide the case if in the
judgment of the misconduct and the
circumstances surrounding it pose a
serious risk to the health or well-being of
the student or other members of the
University. If there is a determination of
guilt by the Council and if the
subsequent criminal proceedings result
in a judgment of acquittal, the student
may petition the Campus Judicial
Council for a rehearing.
The Vice President may summarily suspend
any student from the University pending
investigation, action or prosecution of charges
of an alleged proscribed conduct violation or
violations, if the Vice President has reason to
believe that the student's physical or
emotional safety and well-being, or the safety
and well-being of other University
community members, or the protection of
property requires such suspension.
- If the Vice President finds it necessary to
exercise the authority to summarily
suspend a student the Vice President
shall:
- give to the student an oral or written
notice of intent to determine if
summary suspension is an
appropriate action;
- give an oral or written notice of the
alleged misconduct and violation(s) to
the student;
- give an oral or written explanation of
the evidence in support of the
charge(s) to the student;
- given an oral or written notice of the
time and place of the summary
suspension proceeding before the Vice
President;
- determine a time for the summary
suspension proceeding to be held
within 36 hours; and
- give an oral or written explanation of
the summary suspension which may
be imposed on the student.
- At the place and time designated for the
summary suspension proceeding the
Vice President shall:
- consider the evidence relating
specifically to the probability of
danger to the student, to others on the
campus, or to property;
- provide the student with an
opportunity to show why continued
presence on campus does not
constitute a danger to the physical and
emotional well-being of self or others,
or a danger to property;
- give immediate oral notice of the
decision to the student, followed by
written notice; and
- if summary suspension is warranted,
summarily suspend the student for no
more than 15 working days with a
Judicial Council proceeding of the
allegations to have commenced by the
end of the suspension period.
- If a student has been instructed by the
Vice President to appear for summary
suspension proceedings and then fails to
appear at the time designated, the Vice
President may suspend the student from
the University, and shall give written
notice of suspension to the student at the
student's last address of record on file
with the University.
- During the period of summary
suspension, the suspended student shall
not enter the campus of the University
other than to meet with the Vice
President. However, the Vice President
may grant the student special permission
for the express purpose of meeting with
faculty, staff, or students in preparation
for a proceeding before the Campus
Judicial Council.
Any student suspended from the University
under the provisions of the Student Judicial
Code may be readmitted upon expiration of
the time period specified in the document of
original suspension.
If circumstances warrant reconsideration of
the suspension prior to its time of expiration,
the student may be readmitted following
approval of a written petition submitted to
the Vice President. Such petitions must state
reasons which either provide new evidence
concerning the situation which resulted in the
suspension, or demonstrate that earlier
readmission is in the best interest of the
student and the University. Approval for
such readmission must be given by the Vice
President or by the Campus Judicial Council.
Students who have been suspended and
whose suspension upon appeal is found to
have been unwarranted shall be provided full
opportunity to reestablish their academic and
student standing to the extent possible within
the abilities of the University, including an
opportunity to retake examinations or
otherwise complete course offerings missed
by reason of such action.
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