Student Code of Conduct

V. Judicial Procedures

The University believes that part of the education process is learning how to live in harmony with community members and within a system of standards established for and by the community. Students are accountable to students and others in the community for these standards through procedures outlined below. This system is not a legal process but an administrative hearing system. Principles of fairness and justice govern all review bodies. Any student who violates these standards will be held accountable for his/her behavior and the rights of both the alleged victim and the accused will be upheld.

A. Charges and Hearings

1. Any member of the University community may file charges against any student for misconduct. Charges shall be presented to the Dean of Student Life (or designee). Any charge should be submitted in writing as soon as possible after the event takes place, preferably within one semester or the following semester. Once a charge has been made, the University has the right to pursue the allegation on its own behalf.
2. The Dean of Student Life shall assume responsibility for the investigation of the alleged incident as described in "Judicial Authority" section III, paragraph B.
3. All charges shall be presented in writing to the accused student. The Dean of Student Life will schedule the hearing and notify the parties in writing. The date time and place shall be set for no more than seven calendar days after the student has been notified. Time limits for scheduling of hearings may be changed at the discretion of the Dean of Student Life, (in consideration of examination periods, holidays, student breaks and for other extenuating circumstances) with the written acknowledgment of the accused and the complainant.
4. The complainant and the accused have the right to be present at the hearing. If a student cannot attend, it is that student's responsibility to notify the Dean of Student Life, no later than 24 hours before the hearing, to arrange another time, place and date. Except in cases of grave or unforeseen circumstances, if the accused fails to give 24 hours notice, or if the accused fails to appear, the hearing will proceed as scheduled. If the complainant fails to appear, the charges will be dropped unless the University chooses to pursue the allegation on its own behalf, as determined by the Dean of Student Life.
5. Except in the case of a student charged with failing to obey the summons of the Dean of Student Life, no student may be found to have violated the Student Code of Conduct solely because the student failed to appear. In all cases, the evidence in support of the charges shall be presented and considered.
6. The complainant or the accused has the right to request that a judicial member not sit in judgement if the complainant or the accused feels that his/her vote may be biased or prejudiced. Some substantiation of the claim may be required and final decision rests with the Dean of Student Life.
   
7. The Dean of Student Life and the Student Conduct Review Council, according to the following guidelines:
   1. Hearings shall be conducted in private.
   2. Admission to the hearing of persons other than the parties involved, shall be at the discretion of the Student Conduct Review Council and the Dean of Student Life.
   3. In hearings involving more than one student, the standard procedure will be to hear the cases jointly. However, the Dean of Student Life (or designee) may permit the hearing concerning each student to be conducted separately.
   4. The complainant and the accused shall have the right to an advisor of his/her own choosing ONLY from within the University of the Incarnate Word community. The advisor may not make a presentation or represent the complainant or the accused during the hearing.
   5. The complainant, the accused, the Student Conduct Review Council, and the Dean of Student Life shall have the privilege of presenting witnesses, subject to the right of cross-examination.
   6. Pertinent records, exhibits and written statements may be accepted as evidence for consideration by the Student Conduct Review Council, the Dean of Student Life or designee.
   7. All procedural questions are subject to the final decision by the Dean of Student Life.
   8. After a SCRC hearing, the Council shall determine by majority vote whether or not, according to the preponderance of the information presented, the student has violated the Student Code of Conduct.
   9. After a hearing by the Dean of Student Life (or designee), a decision will be made on the basis of whether or not, according to the preponderance of information presented, the student has violated the Student Code of Conduct.
   8. There shall be a single verbatim record, such as a tape recording of all hearings. The record shall be the property of the University. Deliberations will not be recorded. Verbal presentations of the findings will be recorded.

B: Disciplinary Sanctions

1. The following sanctions may be imposed upon any student found to have violated the Student Code of Conduct:
   1. Warning- A notice in writing to the student(s) who violated University policies and/or rules. It specifies that inappropriate and unacceptable actions have occurred and more severe disciplinary action will result should the student be involved in other violations while the reprimand is in effect.
   2. Restitution- Compensation for damage caused to the University, or any person's property. This is not a fine, but rather a repayment for property destroyed, damaged or stolen.
   3. Fines- previously established and published fines may be imposed.
   4. Community/University Service- Requirement for a student or organization to complete a specific supervised community and/or university service. This will not fulfill the University's community service requirement.
   5. Loss of Privileges- Denial of specified privileges for a designated period of time.
   6. Behavioral Requirement-This includes required activities such as seeking academic or personal counseling, writing a letter of apology, etc.
   7. Educational Program- Requirement to sponsor or assist with a program for others on campus to help them learn about a specific topic or issue related to the violation which the student/organization committed. Audience may be restricted.
   8. No Contact Agreement- Limiting contact between students. At the request of a student, and after investigation by the Dean of Student Life, or his/her designee, a no contact agreement may be enforced between two students. These agreements are for no less than six weeks and may be reviewed for extension. No contact means that while the accused and/or the complainant are on University property, or at any activity or event associated with the University, the accused may not attempt to communicate with the complainant. Communication includes talking with, attempting to talk with, touching, staring at, writing to, attempting telephone or electronic contact (e.g. e-mail, fax, and pager), and/or any other form of contact of any kind.
   9. Restriction of Visitation Privileges- May be levied against an individual(s) residing in room(s)/ suite(s) in the residence halls. The parameters of the restriction will be specified.
   10. Residence Hall Probation- Places the student on official notice that if further violations of Residence Life or University policies occur during the probationary period, the student may immediately be removed from the residence halls.
   11. Residence Hall Reassignment ñ Student is assigned to another residence hall. The Residence Life Office will decide on the hall to which the student shall be reassigned.
   12. Residence Hall Suspension- Removal of the student from the residence hall for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. Under this sanction, a student is required to vacate the residence hall within 24 hours.
   13. Residence Hall Expulsion- Resident has lost the privilege to live in any University residence hall at any time.
   14. Disciplinary Probation- Student is deemed "not in good standing" with the University. Terms of the disciplinary sanction are for a specified length of time, usually in semester increments, and may include the following:
       • Ineligibility to hold any office in any student organization recognized by the University or to hold an elected or appointed office at the University.
       • Ineligibility to represent the University to anyone outside the University community in any way, including representing the University at any official function, event, intercollegiate competition as a player, manager, or student coach, etc.
   15. Enforced Withdrawal/Dean of Student Life (Suspension) Suspension of the student from the University for a definite period of lime, after which the student is eligible to return. Conditions for readmission may be specified. Students are required to vacate the residence within 24 hours of the action.
   16. Expulsion- Permanent separation of the student from the University.
   17. Other sanctions may be created and assigned, as deemed appropriate to the offense with the approval of the Vice President for Student Affairs and the Dean of Student Life.
2. More than one of the sanctions listed above may be imposed for any single violation.
3. Other than University expulsion and enforced withdrawal (suspension), disciplinary sanctions shall not be made part of the student's permanent academic record, but shall become part of the student's confidential record. The student's confidential record may be expunged of disciplinary actions other than residence hall expulsion, University suspension, or University expulsion, upon application to the Dean of Student Life. Cases involving the imposition of sanctions other than those specified above may be expunged from the student's confidential record five years after final disposition of the case.
4. The following sanctions may be imposed upon groups or organizations found to have violated the Student Code of Conduct.
   
   Those sanctions listed above in Section C1, a-h, n-p.
   B. Deactivation- Loss of all privileges, including University registration, for a specified period of time.
5. In each case in which the Student Conduct Review Council determines that a student has violated the Code of Conduct, the Council shall determine the sanction. Following the hearing, the Student Conduct Review Council shall advise the accused orally and in writing within 7 calendar days of its determination and of the sanction(s) imposed, if any.

C. Interim Suspension

The Dean of Student Life shall have the power to impose residence hall suspension or, with consent of the Vice President for Student Affairs, to levy University suspension prior to the hearing.

1. Interim suspension may be imposed only:
   to ensure the safety and well-being of members of the University community or preservation of University property; to ensure the student's own physical or emotional safety and well-being; or if the student poses a definite threat of disruption of or interference with the normal operations of the University.
2. During the interim suspension, students shall be denied access to the residence halls and/or to the campus. This includes classes and/or all other University activities or privileges for which the student might otherwise be eligible, as the Vice President for Student Affairs or the Dean of Student Life may determine to be appropriate.

D. Appeals

1. A decision reached by the Student Conduct Review Council or a sanction imposed may be appealed by accused students or complainants to the Community Appeals Board within five (5) school days of the written decision. Such appeals shall be in writing and shall be delivered to the Vice President for Student Affairs.
2. Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes:
   1. To determine whether the original hearing was conducted fairly in light of the charges and evidence presented; that is, in conformity with the prescribed procedures, giving the complaining party reasonable opportunity to prepare and present evidence that the Student Code of Conduct was violated; and giving the accused student reasonable opportunity to prepare and to present a rebuttal of those allegations.
   2. To determine whether the decision reached regarding the accused student was based on substantial information; that is, whether the facts in the case were sufficient to establish that a violation of the Student Code of Conduct occurred.
   3. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code of Conduct, which the student was found to have committed.
   4. To consider new evidence, sufficient to alter a decision or other relevant facts not brought out in the original hearing, because the person appealing did not know such information and/or facts at the time of the original hearing.
3. If the Vice President for Student Affairs judges that the case may be appealed, he/she shall refer the case to the Community Appeals Board for re-opening of the hearing to allow reconsideration of the original determination and/or sanction(s). The Community Appeals Board (CAB) serves as the final level of appeal in the disciplinary matter.
4. In cases involving appeals by students accused of violating the Student Code of Conduct, a review of the sanction(s) by the Community Appeals Board may not result in more severe sanction(s) for the accused student. E. Community Appeals Board Membership Authority and Membership The Community Appeals Board is a group of students, faculty and administrators who serve as the final level of appeal in a student disciplinary matter. Membership on the CAB is as follows.
   1. Four voting student representatives appointed by the Student Government Association Executive Board, preferably no later than the third week of class in the fall semester. Representatives shall be appointed from the following categories:
      1. One female and one male resident student, one female and one male commuter student;
      2. No more than two of the four students may be seniors; every effort will be made to see that at least one representative has served on the Board a previous year.
   2. Two voting faculty representatives, one female and one male, appointed by the Faculty Council, preferably in the spring of each academic year. Every effort will be made to see that at least one representative has served on the Board a previous year.
   3. Two voting representatives from the administration, one female and one male, appointed by the President annually, preferably first three weeks of the fall semester. Every effort will be made to see that at least one representative has served previously.
   4. The ex-officio (nonvoting) advisor to the Community Appeals Board is the Vice President for Student Affairs.
   5. The chairperson of the Community Appeals Board shall be nominated at the first meeting from the membership listed above by a 3/ 4-majority vote of the Board. This shall occur preferably no later than the fourth week of class during the fall semester. The chairperson shall be either a member of the faculty or the administration. The chairperson is ineligible to vote except to break a tie vote.
   6. In the event of a resignation, the group from which the representative came is responsible for providing a replacement as soon as possible.
   7. At all hearings of the CAB, the presence of a majority of the members shall be necessary and sufficient to constitute a quorum.