Adopted September 1989, revised September 2000

5-401 General

A. The purpose of this policy is to establish disciplinary procedures to guide the enforcement of the Student Code of Conduct. These procedures are applicable to any student or student organization which is charged with a violation of the Student Code of Conduct.

B. These disciplinary procedures are designed to allow for fact-finding and decision-making in the context of an educational community, and to encourage students to accept responsibility for their own actions. The intent is to provide adequate procedural safeguards to protect the rights of the individual student and the legitimate interests of the university.

C. The universities may use mediation or conciliation procedures in addition to these disciplinary procedures in accordance with policies and procedures adopted by each university.

D. Student records, in accordance with the Family Educational Rights and Privacy Act (FERPA), that are generated during the information gathering/decision-making process associated with these procedures are confidential.

(ABOR 9/89, 9/00)

5-402 Definitions

A. The definitions provided elsewhere in this chapter are also applicable to this policy except where otherwise indicated.

B. The following additional definitions are included in this policy:

1. "Adviser" means an individual selected by the student to advise him/her. The adviser may be a faculty or staff member, student, attorney, or other representative of the student.

2. "Complainant" means any individual who initiates the referral procedures set forth in the policy.

3. "Day" means normal university business day, not including Saturday, Sunday, any officially recognized university employee holiday, or any day the university is closed.

4. "Vice President for Student Affairs" means the administrative officer bearing such title, related title or his/her designee.
   
   
   

5-403 Disciplinary Procedures

1. Disciplinary charges will be initiated by submitting a written referral to the Dean of Students.

2. The referral must state sufficient facts, including specific names(s), date(s), locations and descriptions of the alleged act(s) of misconduct to enable the Dean of Students to decide whether further fact-finding is necessary. The referral must be signed by the complainant.

3. Where the alleged misconduct is related to discrimination or harassment, the Dean of Students will consult with the Affirmative Action Office to determine whether an affirmative action investigation is warranted. A determination by the Dean of Students will be made following consultation with the Affirmative Action Office.

4. If the alleged misconduct is related to academic dishonesty, the charges will be investigated and sanctions, if any, imposed by the appropriate academic unit according to established university procedures. If the sanction imposed is either expulsion or suspension, then the student is entitled to a hearing according to the procedures set forth in Section D below. Each university may develop procedures to define academic dishonesty, informal resolution of allegations, the composition of an academic integrity hearing board and the identify of the ultimate decision-maker.

B. Interim Action

1. At any time following the submission of a written referral, the Dean of Students may suspend a student for an interim period prior to resolution of the disciplinary proceeding if the Dean believes that the information that supports the allegations of misconduct is reliable, and determines that the continued presence of the student on the university campus poses a threat to any individual, property or university function.

2. The decision to suspend a student for an interim period will be communicated in writing to the student, and will become effective immediately as of the date of the written decision.

3. The interim suspension will remain in effect until a final decision has been made on the pending charges or until the Dean determines that the reasons for imposing the interim suspension no longer exist.

4. A student who is suspended for an interim period will be provided an opportunity to respond to the allegations of misconduct no later than five (5) days following the effective date of the interim suspension.

5. The Dean of Students may impose other forms of interim action, such as immediate removal from university housing or exclusion from one or more classes or other locations.

C. Review and Decision by Dean of Students

1. The Dean of Students will make an initial determination as to whether there is a sufficient basis to believe that a violation of the Student Code of Conduct may have occurred. The Dean may decide to interview the complainant and/or other witnesses or to request additional information from the complainant.

2. If the Dean determines that there is a sufficient basis to believe that a violation of the Student Code of Conduct may have occurred, then the Dean of Students will promptly notify the student in writing of the alleged violation and will gather further information, if needed, by interviewing witnesses and reviewing documents. Members of the university community will be expected to comply with any request or directive issued by the Dean in connection with a disciplinary proceeding, unless compliance would result in significant personal hardship or substantial interference with normal university functions.

3. A student who is charged in a Student Code of Conduct referral will be provided an opportunity to meet with the Dean of Students. A student who fails to attend the meeting with the Dean will forfeit his/her right to respond on his/her behalf regarding the alleged violation, unless the student can demonstrate that an extraordinary circumstance prevented his/her appearance. If the student fails to attend the meeting, the Dean may proceed as described in paragraph 6 of this subsection.

4. At the meeting the student will be provided with the following:
   
   
   1. An explanation of the charges which have been made;

   2. A summary of the information gathered;

   3. A reasonable opportunity for the student to reflect upon and respond on his/her own behalf to the charges; and

   4. An explanation of the applicable disciplinary procedures, including the student's right to request a hearing before a University Hearing Board if a serious disciplinary sanction (expulsion or suspension) is imposed.

5. If necessary any further information gathered will be presented to the student and an additional opportunity to respond will be provided.

6. The Dean of Students will determine whether it is more likely than not that a violation of the Student Code of Conduct has occurred and, if so, the appropriate disciplinary sanction to apply. In determining the sanction, the Dean will consider any mitigating factors, including any prior violations of the Student Code of Conduct.

7. The Dean of Students will inform the student of the decision, in writing, within seven (7) days of the student's last opportunity to respond. When feasible, this information will also be communicated in a face-to-face meeting.

8. The written decision will include a statement of the charges, the determination, and the sanction to be imposed, if any. This decision is final, unless the student requests a hearing to review a decision to suspend or expel. The effective date of a suspension (except for interim suspension) or expulsion may be no sooner than twenty (20) days following the date on which the notice was posted or personal delivery of the written decision.

9. If the sanction imposed includes either expulsion or suspension, the student will be informed of his/her right to request a hearing before a University Hearing Board by filing a written request with the Dean of Students no later than twenty (20) days following the date on which the notice was posted or personal delivery of the written decision.

10. The filing of a timely written request for a hearing will suspend the imposition of the disciplinary sanction, except for interim suspension, pending the outcome of the hearing. If the sanction is suspension or expulsion, and the student requests a hearing, the student will not be permitted to graduate until the hearing process has been concluded. If the student elects not to request a review of the Dean's decision and signs a statement to that effect, then that decision is a final decision which becomes effective immediately.

D. Review by University Hearing Board

1. Purpose of the Hearing Board
   The Hearing Board is the body that reviews appeals submitted to the Dean regarding student suspension/expulsions. The purpose of the Hearing Board is to formulate a recommendation to the Vice President for Student Affairs as to whether a violation of the Student Code of Conduct was more likely than not to have been committed by the student, and if so, the appropriate sanction to be imposed.

2. Composition of the Board
   
   
   1. Student disciplinary hearings will be conducted by a Hearing Board composed of five (5) members, including two (2) students, two (2) faculty members, and one (1) non-faculty employee. One member, designated the chairperson, will serve as the presiding officer.

   2. Each university will establish its own rules to govern the selection process for Hearing Board members.

   3. The university will provide orientation for Hearing Board members.

3. Pre-Hearing Procedures
   
   
   1. The Hearing Board members will be notified in writing of their selection.

   2. The chairperson will convene the Board no later than twenty (20) days following receipt of the student's written request for a hearing.

   3. The chairperson, who may be assisted by the Dean of Students, will prepare and send a written notice to the student no less than ten (10) days prior to the date set for the hearing. The notice will be delivered personally or by mail directed to the address furnished by the student on his/her hearing request. The notice will include:
      
      
      1. A statement of the date, time. location and nature of the hearing;

      2. A written statement of the charges which specifies the allegations of misconduct in sufficient detail to enable the student to respond;

      3. Notice of right to legal representation;

      4. A copy of the Student Code of Conduct and these Student Disciplinary Procedures; and

      5. A list of the names of all Hearing Board members, and the university address of the chairperson.

   4. If the student cannot attend the hearing on the date scheduled for the hearing due to extraordinary circumstances, he/she must notify the hearing board chairperson in writing. The chairperson will determine whether to approve or deny the request to reschedule the hearing.

   5. No later than five (5) days prior to the hearing, the parties will exchange the following information in writing:
      
      
      1. A list of the names and addresses of the witnesses who may be called to speak at the hearing;

      2. A concise summary of the anticipated statements of each witness;

      3. Copies of all documents or notarized statements to be presented at the hearing; and

      4. The name and title of the person who will present the evidence on behalf of the university, and the name of the adviser, if any, who will be present to assist or represent the student.

   6. A student may challenge the participation of any member of the Hearing Board on the grounds of personal bias by submitting a written statement to the chairperson setting forth the basis for the challenge no later than seven (7) days prior to the hearing. The chairperson will determine whether to sustain or deny the challenge. If the challenge is sustained, a replacement member will be appointed to serve on the Hearing Board. If a challenge is filed against the chairperson, the President will rule on the challenge.

   7. Members of the university community will be expected to comply with any request or directive issued by the chairperson in connection with a disciplinary proceeding, unless compliance would result in significant personal hardship or substantial interference with normal university functions.

4. Conduct of the Hearing
   1. In order to preserve the confidential nature of the disciplinary process, and to protect the privacy interests of the student who is charged with the violation and the witnesses who may be called to testify, the hearing conducted by the Hearing Board will be closed.

   2. The chairperson will preside at the hearing and will rule upon all procedural matters. The formal rules of evidence will not apply, although objections to the introduction of specific statements or documents may be considered by the chairperson. Irrelevant, immaterial, privileged or unduly repetitious information will be excluded. Information regarding prior misconduct will not be admissible until the supplemental proceeding described in Section D(4)(c) below. The chair may establish reasonable limits upon the time allotted to the student and the Dean of Students for oral presentation and examination of witnesses.

   3. The Dean of Students will present the information which supports the charges, and will have the burden of showing that a violation of the Student Code of Conduct was more likely than not to have been committed by the student.

   4. The student who has requested the hearing will present statements or written information on his/her own behalf. A student who fails to appear at the hearing will be deemed to have abandoned his/her request, unless the student can demonstrate that an extraordinary circumstance prevented his/her appearance.

   5. The student who is charged with the misconduct may be assisted throughout the proceeding by an adviser. If the student is represented by an attorney, the Dean of Students may also be assisted by an attorney.

   6. The hearing will be recorded manually or by a recording device and will be transcribed in whole or in part on request of the student charged with the misconduct. The cost of such transcript will be paid by the student unless assessment of the cost is waived by the Vice President for Student Affairs.

   7. Witnesses may be excluded from the hearing except during their own testimony, except that a complaining witness (complainant) who is the alleged injured party may be permitted to attend the hearing following his or her testimony.

   8. The order of presentation will be as follows:
      
      
      1. The Dean of Students will present an opening statement, which summarizes what the information that has been gathered is expected to show.

      2. The student or his/her legal representative may present an opening statement, or may reserve it until the presentation of his/her case.

      3. The Dean of Students will call witnesses to provide statements under oath. Witnesses will be questioned by means of direct examination with no leading questions permitted. A leading question is one which suggests the desired response.

      4. At the conclusion of each witness's statements, he or she may be questioned by the student or his/her legal representative, at which time leading questions are permitted.

      5. Following the questioning by the student or his/her legal representative, the Dean of Students and the members of the Hearing Board may ask further questions of each witness.

      6. Following the testimony of all witnesses called by the Dean of Students, the student then presents his/her case.

      7. Each witness for the student is called to testify. The pattern remains the same as described above.

      8. Following the close of the student's presentation, the Dean of Students may call witnesses to refute statements made by the student or the student's witnesses. If such witnesses are called, they will be subject to the same procedure outlined above.

      9. Throughout the proceeding, the parties may introduce written documents. All such documents which are admitted will be marked as exhibits, for example, "Dean's Exhibit #1" or "Student's Exhibit #1," and may be considered by the Hearing Board in reaching its decision.

      10. Following the presentation of witnesses, the parties will be allowed to present closing statements which summarize the information that has been presented. The Dean of Students presents his/her closing statement first, followed by the student.

E. Hearing Board Deliberations and Recommendation

1. Following the presentation of information and closing statements, the members of the Hearing Board will discuss the information that has been presented and the reasonable inferences to be drawn from this information prior to reaching their decision. Only the members of the hearing board and its legal adviser, if any, may be present during the deliberations.

2. Based solely upon the information presented during the hearing, the Hearing Board will formulate a recommendation to the Vice President for Student Affairs and others permitted to receive this information consistent with applicable law or policy, as to whether a violation of the Student Code of Conduct was more likely than not to have been committed by the student. At least three votes are necessary to make any recommendation.

3. If the recommendation of the Hearing Board is that there was more likely than not a violation of the Student Code of Conduct then the Board will conduct a supplemental proceeding to determine a recommended sanction. This supplemental proceeding will be guided by the considerations set out in Section 5-304.C. The supplemental proceeding will not generally require additional fact-finding, but will include a review of a written summary of any prior misconduct prepared by the Dean of Students. The student and the Dean will be provided the opportunity to present their positions on the appropriate sanction.

4. The Hearing Board will render its recommendation following the hearing, and will communicate the recommendation to the student, the Dean of Students and to the Vice President for Student Affairs in writing no later than two (2) days following the conclusion of the hearing. The written recommendation will include findings of fact and a statement of the reasons for the recommendation, and will be signed by the chairperson.

F. Review and Decision by Vice President for Student Affairs

Following a review of the Hearing Board's recommendation, the Vice President for Student Affairs will render a decision which either affirms, denies or modifies the recommendation of the Hearing Board. The Vice President will not be bound by the recommended findings of fact. The Vice President will issue a written decision no later than ten (10) days following receipt of the Hearing Board's recommendation, except when it becomes necessary to conduct further investigation or to remand the matter to the Hearing Board, in which case the written decision will be transmitted no later than ten (10) days following completion of the investigation or the subsequent recommendation of the Hearing Board. Copies of the written decision will be promptly transmitted to the parties and to all members of the Hearing Board.

G. Request for Review or Rehearing

1. A student who is dissatisfied with the decision reached by the Vice President for Student Affairs may request a rehearing or review by filing a written request with the Vice President no later than fifteen (15) days following the date of delivery of the written decision. The request shall be based on one or more of the following grounds:
   
   
   1. Irregularities in the proceedings, including but not limited to any abuse of discretion or misconduct by the Hearing Board or by the Dean, which has deprived the student of a fair and impartial disciplinary process;

   2. Newly discovered material evidence which could not have been presented during the fact-finding or hearing process;

   3. Excessive severity of the sanction; or

   4. That the decision is not justified by the evidence or is contrary to law.

2. Following receipt of the student's request for review, the Vice President for Student Affairs will make whatever review is deemed necessary to resolve the issues that have been raised.

3. The Vice President for Student Affairs will respond in writing to the student's request for review or rehearing within ten (10) days of receipt of the request. The Vice President may uphold or modify the previous decision, or grant a rehearing on the issues raised by the request. The decision of the Vice President is final.

(ABOR 9/89, 9/00)

5-404 Disciplinary Files and Records

B. Student Disciplinary Records

1. Disciplinary records of students found to have violated the Student Code of Conduct shall be retained for five (5) years from the semester of the determination or until graduation, whichever occurs first.

2. Disciplinary records may be retained for a longer period, or permanently, if so specified in the sanctions applied. Disciplinary records designated as permanent shall not be voided without unusual and compelling justification.