General Behavior Discipline Procedures

The focus of inquiry in disciplinary proceedings is to determine if a violation of the Standards of Student Conduct has occurred and, if so, to decide appropriate sanctions.  Student Conduct Code proceedings are administrative proceedings and do not follow formal rules of evidence applicable in judicial proceedings.  However, the accused student must receive due process, and the University has the burden of proof to establish a violation by clear and convincing evidence except for alleged violations of Section IV.C.18 of the Student Conduct Code, which require the University to establish violations by a preponderance of evidence.  Minor deviation from prescribed procedures will not invalidate a decision or proceeding, provided they do not significantly prejudice the student or the University.

The following procedures apply in adjudicating charges of general misconduct:

1. Investigation

Whenever it appears that a student may have committed an act of general misconduct, a University official designated by the Vice Chancellor of Administration, Finance, and Student Affairs investigates the incident.  The official conducting the investigation:

  1. Determines the facts of the incident through interviews, reports, and other evidence.
  2. Informs the student of the findings of the investigation and the alleged misconduct.
  3. Informs the student of the Student Conduct Code rules of procedure, and ensures the student has a copy of the Code..
  4. Allows the student an opportunity to respond to the evidence and potential charge(s).
  5. Makes an impartial judgment as to whether or not any general misconduct occurred, and, if so, proposes appropriate sanctions.
  6. Allows the student an opportunity to respond to the proposed sanctions.
  7. Informs the student of the right to an administrative conference with an official designated by the Vice Chancellor of Administration, Finance, and Student Affairs, and a hearing by the University Court, if the student denies the charge and/or does not accept the proposed sanctions.
  8. If the student accepts the charges, the designated officer consults with the Vice Chancellor of Administration, Finance, and Student Affairs regarding the student’s past disciplinary record, and propriety of proposed sanctions.
  9. If the student accepts the charges and the sanctions, the designated officer summarizes the case in writing to the student, with a copy to the Vice Chancellor of Administration, Finance, and Student Affairs. A written summary, including a concise statement of the evidence, findings, and sanctions, will be sent to the student via Maxient within 5 days of the action.

Sanctions of Expulsion and Suspension require review and approval by the Chancellor and the Vice Chancellor of Administration, Finance, and Student Affairs.

2.   Administrative Conference

If the student denies the charges and/or does not accept the sanctions, the student has 5 working days to appeal the charges and/or sanctions in writing to the Vice Chancellor of Administration, Finance, and Student Affairs.  The Vice Chancellor of Administration, Finance, and Student Affairs can hear the case or designate an administrative officer or committee to review the report.

a. If the administrative officer/committee concludes that no violation of this code has occurred, and/or that there is insufficient evidence to support further action, a recommendation to that effect is sent to the Vice Chancellor of Administration, Finance, and Student Affairs, with copies to the student and investigative officer.

b. If the administrative officer/committee concludes that a probable violation of this code has occurred, and that the evidence supports sanctions, he/she sends a written notice of charges to the student specifying:

  1. The alleged misconduct:
  2. A Concise summary of the facts upon which the charges are based; and
  3. A statement of proposed sanctions.

The notice of charges requests the student to meet with the investigative officer and the administrative officer/committee on a specific date, time, and place, and informs the student of the right to bring along a parent, guardian, counsel, or other appropriate witness.  The notice states that the role of legal counsel at this conference is limited to consultation with the student only, and that the student notify the administrative officer/committee at least three (3) working days before the time of the conference of the intent to bring legal counsel.

c. The purpose of the conference is to inform the student of the Student Conduct Code Disciplinary Procedures and to provide a final opportunity for informal resolution of the charges.  The student, however, is not required to make any response at the conference.

d. Following the administrative conference, the administrative officer/committee consults with the Vice Chancellor of Administration, Finance, and Student Affairs concerning the charges and proposed sanctions.

Sanctions of Expulsion and Suspension require review and approval by the Chancellor and the Vice Chancellor of Administration, Finance, and Student Affairs.

e. If the student agrees to the sanctions, the administrative office/committee summarizes the case in writing to the student, with a copy to the Vice Chancellor of Administration, Finance, and Student Affairs.  A written summary, including a concise statement of the evidence, findings, and sanctions will be sent to the student via Maxient within 5 days of the action. 

f.  If the student denies the charges and/or does not accept the sanctions, the administrative officer/committee transfers the case within five (5) working days to the University Court for a hearing.

g. If the student does not appear for the conference with the administrative officer/committee, nor request transfer after the proceedings to the University Court, the allegations in the notice of charges are accepted and, upon review and approval by the Vice Chancellor of Administration, Finance, and Student Affairs, the University imposes the disciplinary sanctions specified in the statement of charges.  The administrative officer/committee notifies the student of the actions taken with a copy to the Vice Chancellor of Administration, Finance, and Student Affairs.

h. Except for temporary suspension or eviction, no disciplinary sanction is imposed until final resolution of the charges or until the deadline for an appeal has passed.

3. Disciplinary Records

a. The sanctions of Expulsion and Suspension affect the student’s academic status and are entered as notations in the student’s permanent academic record maintained by the Registrar during such time as the imposed sanctions are in effect.

b. Whenever charges against a student are pending, the student, unless temporarily suspended or evicted, continues to have the same rights and privileges as other students. At the request of the student, transcripts may be released to an institution or prospective employer with the understanding that if there are pending charges which are determined to adversely affect the student and result in alteration of the transcript previously released, the institution/employer may be so notified and a corrected copy of the transcript may be forwarded to the institution/employer.

c. A record of sanctions imposed for any violation of the Student Conduct Code is retained on file in Maxient.