(A)       Purpose. Paragraph (N) of rule 3342-4-02 of the Administrative Code authorizes the vice president for enrollment management and student affairs to establish such administrative procedures as necessary to fulfill the intent of said policy. The vice president has delegated the responsibility to direct the student conduct program to the conduct officer in the division of student affairs. It is the responsibility of that official to provide the all-university hearing boards and officers with technical advice, training, and secretarial staff; establish procedures to ensure an ongoing evaluation of student conduct rules; collect and maintain all records of formal disciplinary action; establish means to inform all members of the university community of student conduct policies and issues; and serve as a consultant to students and staff in the use of the student conduct program.

(B)       Jurisdiction and charges. It should be understood that this policy establishes procedural directions and is subject to change by action of the vice president for enrollment management and student affairs. The procedures are intended to assure proper implementation of the policy regarding administration of student conduct.

(C)       Policies and regulations. The rules listed provide guidance for campus conduct. Violation of these policies can result in disciplinary action. All are given more complete treatment through separate rules of the Administrative Code as noted:

(1)       3342-3-01.2 of the Administrative Code, class attendance.

(2)       3342-3-01.8 of the Administrative Code, cheating and plagiarism.

(3)       3342-3-01.102 of the Administrative Code, withdrawal from courses.

(4)       3342-3-01.103 of the Administrative Code, withdrawal from university.

(5)       3342-3-01.11 of the Administrative Code, disqualification of students.

(6)       3342-3-01.9 of the Administrative Code, academic probation.

(7)       3342-4-01.1 of the Administrative Code, antidiscrimination.

(8)       3342-4-01.3 of the Administrative Code, participation in student activities.

(9)       3342-4-01.2 of the Administrative Code, registration of student organizations.

(10)     3342-4-03 of the Administrative Code, assembly and speakers.

(11)     3342-4-05 of the Administrative Code, student housing.

(12)     3342-4-05.1 of the Administrative Code, room entry and search.

(13)     3342-4-04 of the Administrative Code, alcoholic beverages.

(14)     3342-4-04.1 of the Administrative Code, alcoholic beverages.

(15)     3342-4-04.101 of the Administrative Code, alcoholic beverages.

(16)     3342-4-06 of the Administrative Code, solicitation and sales.

(17)     3342-4-01.5 of the Administrative Code, solicitation.

(18)     3342-4-06.1 of the Administrative Code, sales.

(19)     3342-4-02 of the Administrative Code, regulations for student behavior.

(20)     3342-4-02.2 of the Administrative Code, class disruption.

(21)     3342-4-08 of the Administrative Code, parking and traffic.

(22)     3342-4-10.102 of the Administrative Code, solicitation and sales--student center.

(23)     3342-4-10.103 of the Administrative Code, scheduling student center.

(24)     3342-4-10.104 of the Administrative Code, student organizations office access.

(25)     3342-4-10.2 of the Administrative Code, signs on student center.

(26)     3342-4-10.107 of the Administrative Code, animal control, student center.

(27)     3342-4-10.108 of the Administrative Code, lobby activities, student center.

(28)     3342-4-05.2 of the Administrative Code, room visitation.

(29)     3342-4-03.101 of the Administrative Code, demonstrations and speakers--student.

(30)     3342-4-03.1 of the Administrative Code, demonstrations and speakers.

(31)     3342-4-01.601 of the Administrative Code, fireworks and bonfires.

(32)     3342-4-03.3 of the Administrative Code, posting, handbills, loudspeakers.

(33)     3342-4-07 of the Administrative Code, hazing.

(34)     3342-4-07.101 of the Administrative Code, hazing.

(35)     3342-5-08 of the Administrative Code, information re: students.

(36)     3342-4-02.5 of the Administrative Code, deregistration of students--mental health.

(37)     3342-5-12.4 of the Administrative Code, use of university facilities.

(38)     3342-5-12.401 of the Administrative Code, use of university facilities.

(39)     3342-5-12.5 of the Administrative Code, university automobiles--student use of.

(40)     3342-7-07 of the Administrative Code, student residency.

(41)     3342-7-05 of the Administrative Code, student activity fees.

(42)     3342-7-05.1 of the Administrative Code, student activity fees.

(43)     3342-7-06 of the Administrative Code, student fee refunds.

(44)     3342-7-05.4 of the Administrative Code, financial responsibility--student organizations.

(45)     3342-7-05.401 of the Administrative Code, financial responsibility--student organizations.

(46)     3342-7-05.5 of the Administrative Code, collection of student fees.

(47)     3342-7-05.501 of the Administrative Code, collection of student fees.

(D)       Students claiming an inability to participate in the student conduct process for psychological or emotional reasons will be allowed to voluntarily withdraw from the university. This voluntary withdrawal represents the university's only response to a student choosing not to participate in the student conduct process. Student conduct actions will be held in abeyance, and the student placed on ineligible hold (prohibiting future class registration) until the student chooses to reenter the university. Student conduct proceedings will be reinstituted at that time.

(E)       Offenses. The following guidelines are presented to ensure that behavioral violations are dealt with appropriately, and in an expedient fashion. Variance from these procedures may be necessitated by certain time lapses caused by vacation breaks and periods. Such variances, if challenged, will be evaluated on an individual case basis with respect to availability of staff to implement the following procedures:

(1)       Residence halls. Offenses occurring within residence halls should be reported to the resident director or the staff member on duty. The resident director of the hall in which the violation occurs or the resident director on duty shall implement the following procedures:

(a)       Within three working days of the incident (violation), the resident director attempts to personally resolve the problem.

(i)         The resident director ensures that the information is appropriate, accurate and complete.

(ii)        In the interest of educational discipline, the resident director discusses the incident with the principal parties, and issues a copy of the incident report to the charged student.

(iii)       The resident director documents any additional information and/or recommendations on a separate form.

(iv)       In the event that the student charged is unavailable for discussion of incident with principal parties, a copy of the incident report shall be mailed to the address of record of the student charged.

(b)       If the resident director determines that the behavior can be corrected, and if all parties agree, the resident director may administer alternative discipline.

(c)        If the resident director determines that the incident requires formal disciplinary action, the incident report and written recommendations are then forwarded within twenty-four hours to the residence services office.

(d)       The appropriate residence services staff member discusses the incident with the resident director and checks for appropriateness, accuracy and completeness of the case.

(e)       Within forty-eight hours of receipt by the residence services office, the incident report is forwarded to the student conduct office.

(2)       Other locations. Offenses occurring at the locations listed below shall be routed to the student conduct office within seven calendar days of the date of the violation. During those seven days, the following shall occur:

(a)       Fraternity and sorority houses. Violations occurring within fraternity or sorority houses shall be reported to the appropriate officer in the chapter. If the chapter wishes to bring charges, the case shall be reported to the campus life staff person responsible for fraternity affairs. The campus life staff member shall hold a preliminary interview to determine if formal disciplinary action is warranted. If formal action is necessary, the case will be referred to the student conduct office.

(b)       Violations not related to a student's residence unit. Violations not related to a student's residence unit shall be reported to the appropriate university staff member who shall arrange a preliminary interview to determine if disciplinary action is warranted. If formal action is necessary, the case will be referred to the student conduct officer.

(c)        Student organization violations. Instances of conduct violations by a student organization shall be reported directly to the director of campus life. The director shall arrange a preliminary interview to determine if disciplinary action is warranted. If formal action is necessary, the case will be referred to the student conduct officer.

(F)       Enforcement. Responsibility for the enforcement of all university disciplinary sanctions must be assumed by all university staff and faculty.

(G)       Hearing officers. Hearing officers shall be utilized in all cases unless a request is made by the charged party for a hearing board.

(H)       Procedures for conducting student conduct hearings.

(1)       Only principals in the case will be allowed in the hearing or witness rooms. All others must wait outside until the all-university hearing board or officer makes the determination whether or not the hearing will be open. If the hearing is allowed to be open, the chair of the all-university hearing board or the hearing officer will permit observers to fill seating. Once the seating is filled, all other observers must remain outside. (Paragraph (C)(1)(a) of rule 3342-4-02 of the Administrative Code.)

(2)       The following are guidelines for conducting student conduct hearings.

(a)       The chair of the hearing board or hearing officer calls the meeting to order, conducts introductions, and takes whatever action is necessary to preserve the decorum of the hearing. A conduct officer may end testimony on direct examination or cross-examination if he or she determines that no new evidence is being offered.

(b)       The chair or hearing officer asks if there is a request for an open hearing.

(c)        The chair or hearing officer reads the charges against the student charged and asks whether the student maintains guilt or innocence of the charge.

(d)       The chair or hearing officer reminds the complaining party and the student charged that only information which is pertinent to the incident eliciting the formal charge is appropriate. Background information, etc., will only be introduced in the pre-sanction portion of the proceedings.

(e)       The chair or hearing officer asks for a separation of witnesses.

(f)         The complaining party presents the facts of the case to include the names of witnesses.

(g)       The hearing board or hearing officer may question any of the participants.

(h)        The student charged may question the complaining party and witnesses.

(i)         The student charged presents the other side of the case and witnesses.

(j)         The hearing board or hearing officer may question any of the participants.

(k)        The complaining party may question the student charged and witnesses.

(l)         The chair or hearing officer asks for any concluding remarks.

(m)      The chair or hearing officer conducts the deliberation portion of the hearing without the presence of the principals, witnesses, or observers. After deliberation, the decision and the reasons for the decision are announced in the presence of the student charged.

(n)        The hearing board or hearing officer then conducts a presanction hearing. The chair or hearing officer asks if there is a request for the hearing to be open.

(i)         The conduct officer informs the board or hearing officer of the student's historical behavior sanction record at the university.

(ii)        The student charged is asked to make a statement that is appropriate for the hearing board or hearing officer to consider in placing a sanction.

(iii)       The hearing board or hearing officer may question the student charged, complaining party, and any witness deemed necessary.

(o)       The chair or hearing officer conducts the deliberation portion of the pre-sanction hearing without the presence of the principals, witnesses, or observers. After deliberation, the sanction and the reasons for the sanction are announced in the presence of the student charged.

(p)       Upon conclusion of the case, the hearing board chair or hearing officer will adjourn the hearing.

(I)         Appeals. Appeals must be in writing and based on one or more of the reasons listed in paragraph (H) of rule 3342-4-02 of the Administrative Code.

(1)       In cases where the decision of the vice president for enrollment and student affairs is not to affirm, the vice president may reverse the finding of guilt or return the case to the board or officer for further consideration consistent with the associate vice president and dean for student affairs’ directions but may not increase the severity of the sanction. An appeal is not to be conducted as a new hearing but only as a review of what occurred at the original hearing. It is the prerogative of the associate vice president and dean for student affairs to determine whether or not the parties involved will be present for the appeal.

(J)        Subsequent request for reduction of sanction.

(1)       Request for reduction of sanctions must be submitted in writing to the student conduct officer. Such requests shall include supporting documentation regarding academic progress during probation, recommendations from supervisors regarding any paid or volunteer work experiences, recommendations from appropriate university officials regarding the student's personal conduct, and the fulfillment of the terms of probation.

(2)       Such requests will be evaluated for completeness and forwarded to the all-university hearing board or hearing officer for review. It is the prerogative of the all-university hearing board or hearing officer to determine whether the parties involved will be present for the review.

(K)       Reports and records.

(1)       All hearings are tape recorded. The tape recording is used by the hearing board or official in the deliberation portion of the proceedings. Additionally, tapes are kept for the duration of the appeal period. Tapes may be listened to by students wishing to appeal a decision. Tapes will be provided to the student only at the student's expense.

(2)       Notification of the outcome of the decision will be conveyed to both the student charged and to the complaining party and/or appropriate university officials. Semester reports of student conduct business will be disseminated to appropriate university officials.

(3)       Records of all disciplinary cases shall be kept on forms provided by the student conduct office. These forms include a notice of hearing, notice of charges, and a report of student conduct hearing. Copies of these, along with all pertinent information, shall be the official record of a disciplinary case.

(4)       An alphabetical file of students charged shall serve as a crossreference to case records. Entries in these files will be removed five years after the date of the incident. Other than the record of each case, which shall be kept regardless of the final decision in the case, no other official record of disciplinary action shall be maintained by the university, nor shall a notation of the decision in any case ever appear on the student's official transcript.

(5)       In special circumstances, a request for expungement of student conduct records may be considered. Such requests, which must be submitted in writing, shall be made not less than twenty-four months following the incident or upon graduation from the university. Such request shall include supporting documentation and reasons for the expungement. The conduct officer will consult with other university officials, and will determine whether to grant or deny such requests.

(6)       Pursuant to the family educational rights and privacy act, the office of judicial affairs will send written notice to the parents of a student under twenty-one years of age who is found to be responsible for violating any state or local laws pertaining to possession or consumption of any alcoholic beverages or controlled substance. The office of judicial affairs will send written notice to parents of a student under twenty-one years of age when a first-time serious violation consists of:

(a)       Alcohol or controlled substance negatively affecting the mental and physical well-being of oneself or others;

(b)       Alcohol or controlled substance contributing to vandalism, assault, etc.; or,

(c)        Alcohol or controlled substance contributing to a pattern of substance abuse. The university believes that parent notification is an educational measure that will provide students and parents an opportunity to appropriately deal with a potential problem that could result in serious academic, social, and personal health concerns.

Effective: June 1, 2007
Prior Effective Dates: 9/11/1979, 7/18/1983, 8/9/1983, 9/30/1985, 10/22/1986, 7/25/1989, 9/18/1993, 4/2/1996, 3/7/2000, 9/26/2005