Student Conduct

Responsibility and Authority

The President of the University has delegated the immediate responsibility and authority in matters of student conduct to the Vice President for Student Affairs, who has assigned the Dean of Students with the responsibility for the student conduct system.

University Student Conduct and Public Law

Students may be accountable to both civil and criminal authorities and to the University for acts which constitute violations of federal, state, or municipal law and written university rules, regulations, and policies. The University may proceed with disciplinary action whether or not civil or criminal proceedings have been instituted against the student. The University disciplinary proceedings may not be abated or subject to challenge solely on the ground that the criminal charges have been dismissed or reduced.

Confidentiality

Confidentiality applies to the charged students, the complainants/victims, witnesses, advisors, staff, hearing officers, and members of the University Conduct Board. These individuals are expected to keep information regarding the student conduct process confidential. All proceedings are private and electronic recording (for example, using audio recorders, video recorders, and computers) is not permitted. The University reserves the right to share information regarding the case with other appropriate parties on a need-to-know basis.

Retention of Records

Student conduct files are maintained in the Office of the Dean of Students for five years from the date of the incident.

Student Responsibility

The University expects students to assume responsibility for their role in the conduct process. Students are expected to appear for hearings. If the student fails to appear, the hearing may proceed in their absence. Sanctions may be imposed upon a student for refusing to appear or cooperate. Throughout the conduct process students have the responsibility to present truthful information. Any student found to have willfully presented false or misleading information will be subject to sanction. Students are expected to complete the sanctions issued at any level in the conduct process. Failure to do so may result in further disciplinary action.

Notification of conduct proceedings will be sent to the student’s address which is listed in the Office of Records and Registration Services. It is the student’s responsibility to provide accurate address information to the University and to update this information when appropriate.

Student Organization Responsibility

Student organizations are expected to adhere to all applicable institutional policies. The University reserves the right to determine the appropriate time, place, content and manner for conducting activities, and the posting and distribution of materials on any of its campuses. Consequently, the University may deny or restrict the activities of student organizations. Student organizations are expected to exercise good judgement in planning and promoting their activities. Failure to do so may result in disciplinary action being initiated against the organization; consequently, policies, procedures and sanctions set forth within the Student Handbook apply to student organizations collectively as well as to individual students. Officers of student organizations are responsible for assuring compliance with regulations and for representing the organization when disciplinary proceedings are initiated.

Student Rights in the Conduct System

Students have the following rights in the conduct system:

  1. To have prior knowledge of the charges and have the charges explained clearly and fully at every level of the conduct process.
  2. To be present throughout the hearing, but not during the deliberation process of the hearing officers or the University Conduct Board.
  3. To hear testimony and/or see all written statements concerning the charges.
  4. To refute oral and/or written statements made by witnesses.
  5. To remain silent and not testify against themselves, understanding that if silence is maintained, the case will be determined on the evidence presented.
  6. To be advised of the appropriate appeal process.

Disciplinary Actions

The disciplinary actions described below are intended to inform students of the possible consequences of violating the Code of Student Conduct. Disciplinary actions are assigned based on the seriousness of the incident and the student’s level of responsibility for the incident. Factors such as the student’s past disciplinary history will be taken into account in determining the appropriate disciplinary action. Official notice of university disciplinary actions may be provided to the student and the student’s parents or guardian if the student is a minor. The University also reserves the right to inform parents/guardians of violations of alcohol and drug use policies. (See Parental Notification Policy)

Emergency Administrative Action

The Vice President for Student Affairs or her/his designees shall have the authority to immediately suspend a student from the University or a residence hall, relocate an individual within the residence halls, and restrict activities of the individual on campus, pending disciplinary procedures, when it is believed that the presence of the student would seriously disrupt the University or constitute a danger to the health, safety or welfare of the University, to property, to others, or to the student. The student will be notified in writing of the emergency administrative action. Parents, academic deans, Public Safety, or other personnel may also be notified of the action. A hearing will be scheduled and the student will receive written notification of the charges. Unless otherwise approved, the emergency administrative action will remain in effect on an interim basis pending completion of the conduct process.

Off-Campus Cases

The University reserves the right to investigate and subsequently take University action for behavior of Saint Xavier students in off-campus situations when such behavior is believed to have an impact on the Saint Xavier community, e.g., alleged instances of criminal activity commencing on-campus but relocated off campus; harassment or assault of a University person; criminal activity involving a student, whether as an individual student or as a member of a University registered organization; violations of city ordinances, such as public intoxication, noise and vandalism; student conduct violations in organized group living situations or in University-sponsored housing. The decision to take action in such cases will be determined by the Dean of Students in consultation with appropriate University officials.

Student Code of Conduct

Certain behaviors are incompatible with University standards of conduct. Such behaviors are unacceptable in the University community and are subject to disciplinary action by the University. The Student Code of Conduct does not apply to instances of academic dishonesty. For instances of academic dishonesty, refer to the appropriate Academic Affairs policies and procedures which govern academic dishonesty, as published in the Student Handbook and the Academic Catalog.

Unacceptable conduct includes, but is not limited to, the following:

Personal Integrity

  • Students and guests are subject to Illinois State Law, which prohibits the sale, possession, consumption and service of alcoholic beverages by any person under the age of 21. Possession and consumption of alcoholic beverages on campus by individuals 21 years of age or older may be allowed under specified circumstances and in designated locations. Possession of alcoholic beverages in residence halls is prohibited.
  • Possession, use, or sale of illegal drugs, controlled substances, narcotics, drug paraphernalia, or any hallucinogen without a medical prescription or appropriate authority.
  • Use of tobacco, in any form, in those areas that have been identified as prohibiting such use. Use of tobacco is not permitted in classrooms, hallways, residence halls, lecture halls, and laboratories, and is restricted to designated areas.
  • Engaging in forgery, alteration, unauthorized use, or fraud involving university records, documents, or instruments of identification. Falsification of information (written or oral) submitted to any University office, department, proceeding, or individuals acting in their official capacity.
  • Engaging in illegal and/or unethical activities, whether or not legal charges are filed.
  • Violations of University policies, regulations, or rules, including the terms of any disciplinary sanction properly imposed, parking rules, and motor vehicle regulations.

Respect for Others

  • Interfering with the health and/or safety of a member of the University community.
  • Hazing, harassment, racist behavior, defamation, obscene language or actions, coercion, threats, endangering the safety of others, physical or psychological abuse or intimidation of any member of the Saint Xavier University community or others using its facilities, or other inappropriate or disruptive behaviors which evidence poor adjustment to the community.
  • Any form of coercive sexual behavior including sexual assault and sexual harassment.
  • Engaging in disruptive behaviors on campus or on property contiguous to or within a four block radius of any University campus, or at any University-sponsored activity.
  • Possession, display, or use of firearms, weapons, fireworks, explosives, ammunition or the abuse of flammable substances on University property. Employees of government law enforcement agencies, who are required to carry firearms at all times, are exempt from the University’s policy prohibiting the possession of firearms on campus.
  • Actions of one’s guest(s) that violate University policies. It is the responsibility of each student to inform his/her guest(s) of University policies and community expectations for behavior. Hosts will be held responsible for the actions of their guests.

Respect for Property

  • Engaging in arson, the irresponsible use of fire, and/or tampering with fire information and/or safety equipment, or failing to follow fire drill or other emergency procedures.
  • Tampering with University property or equipment or causing damage to personal or University property. Removal of windows or screens from University buildings.
  • Unauthorized access to, presence in, or use of University facilities or grounds.
  • The duplication or unauthorized possession of a key card or key to University property.
  • Theft of personal or University property and the sale, receipt, or possession of stolen articles. Theft of services such as telephone service, equipment, or products of a non-University contractor.
  • Theft, misuse, misappropriation of library, computer, or research materials and/or information. Inappropriate use of university e-mail and Internet services.
  • Unauthorized use of or attempt to use University property or the University name or credit in a manner inconsistent with its designated educational objectives.

Respect for Authority

  • Failing to comply with the directions of a University employee (such as a Public Safety officer or Residence Life staff member) acting in the performance of his/her duties, including refusing to show or surrender a University identification card.
  • Interference with or obstruction of instruction, activities, research, conduct proceedings, or University administration; failure to observe the established closing hours of a building; obstruction of authorized access to, use of, or egress from University facilities.
  • Gambling in any non-legal form; sponsoring illegal lotteries or raffles on University property, unauthorized selling, soliciting, canvassing, or advertising.

Sanctions

Imposing sanctions as a disciplinary action is designed to redirect student behavior to an acceptable pattern which benefits the student and the University. The determination of which sanction is applied as a disciplinary action is within the sole discretion of the Dean of Students or the University Conduct Board. Whenever possible, sanctions are designed to be educational in nature.

1. University Warning

A University Warning is an official warning to the student that his/her behavior is inappropriate and violates the Student Code of Conduct of Saint Xavier University. A copy of the letter of warning is placed in the student’s file and serves as a notification to the student that further misconduct could result in additional disciplinary action.

2. Educational Activities

Educational Activities are required activities intended to involve the student in a positive learning experience related to the student’s unacceptable behavior. Educational Activities allow students to reflect upon their inappropriate behavior, to understand why their behavior was inappropriate, and to educate other students so they do not find themselves in similar circumstances. This type of disciplinary action may include, but is not limited to, engaging in a campus or community service project, attending or presenting a program related to the implications of the student’s conduct, writing a paper, interviewing someone, or engaging in some type of personal assessment, mediation or counseling.

3. Restitution and Fines

Restitution is compensation required of students who engage in the theft, misuse, damage, or destruction of institutional, group, or private property. For some offenses, fines may be imposed. The amount, form, and method of payment for restitution and fines will be determined by a student conduct administrator.

4. Modification of Guest Privileges

This action would restrict or remove guest and/or visitation privileges in the residence halls, in campus facilities, or on campus grounds for a specified period of time.

5. Residence Life Probation

Residence Life Probation is a formal notice to the student that his/her behavior is unacceptable in the residence halls and continued misconduct could result in further disciplinary action. Residence Life Probation is for a specified period of time, typically not less than one semester. During the probationary period, the student must demonstrate that he/she is willing and able to act in accordance with acceptable standards of residence hall life. The student may be required to resign any residence hall office or committee appointment, and/or may be subject to restricted participation in Residence Life programs.

6. Administrative Move

The student will be required to move to another room assignment within the residence hall system. Billing may be adjusted at the discretion of the hearing officer(s) or the Dean of Students.

7. Suspension from the Residence Hall

The student will be required to vacate his/her residence hall room for a given time with the understanding that the student may move back in at the conclusion of that period. The student must surrender his/her key and key card for the time of suspension of residency. Visitation privileges in the residence halls may be suspended. Financial credit is not granted during the suspension.

8. Termination of Housing Contract

A responsible living environment in the residence halls requires all members of the community to respect other residents’ rights for safety, security and reasonable quiet. Serious disruption of the hall community can lead to removal from the community. Termination of the Housing Contract will result in the immediate removal of the student from residence halls, forfeiture of fees, and loss of visitation privileges in any university housing. In addition, this action could affect a student’s future housing contract status with Residence Life. A signed contract for future terms could be rescinded or a refusal to accept any future housing contract for a designated time period could be imposed.

9. Limitations on University Activities and Access

Limitations on University activities and/or access are assigned because the restriction or suspension of a student’s use of University facilities and services, participation in University programs, and access to members of the University community have been determined to be in the best interest of the student and/or the University. Limitations on University activities and access are imposed for a specified period of time and may include, but are not limited to: ineligibility for service as an officer or member of any University organization or University committee; restricted participation in any intercollegiate activity; ineligibility to receive or maintain any award from the University; prohibition from attendance at social events; restricted entrance into various University buildings; and restricted contact or total disassociation from members of the Saint Xavier community.

10. University Probation

University Probation is a formal notice, affecting the non-academic status of the student, that his/her behavior is unacceptable within the University community. University Probation requires that the student demonstrate during the probation period that he/she is capable of functioning in a way which does not violate the University’s standards of conduct. University Probation lasts for a specified period of time, typically not less than one semester. This action could make the student ineligible to hold office in any organization or represent the University in any official capacity. In some cases, co-curricular activities and/or access to campus grounds and facilities may be curtailed. It is further understood that any further violation, even of a minor nature, could warrant immediate suspension or expulsion from the University. Notification of disciplinary probation may include parents, academic deans, Public Safety, or other appropriate personnel at the discretion of the Dean of Students.

11. Postponement of Activity Participation and Conferring of Honors and Degrees

The University reserves the right to delay or postpone the involvement of a student in any University-related activity, or delay or postpone the conferring of any honor or degree pending the outcome of any of the student conduct procedures or actions.

12. Suspension from the University

Suspension from the University involves the temporary removal of the student from the University for a specified period of time with the understanding that the student may be returned to good standing at the completion of the suspension period. Suspension from the University further involves the following: the action of suspension will be noted on the student’s disciplinary record; the student will be withdrawn from all enrolled courses according to the policy of his/her college or school; the student shall forfeit fees; the student must refrain from visiting the University premises except when engaged in official business approved in writing by the Dean of Students or his/her designee. The suspension may include any other disciplinary action that is judged to be of value to the student. Persons notified of the suspension may include parents, academic deans, Public Safety, or other appropriate personnel at the discretion of the Dean of Students.

Reinstatement from Suspension: When a student has concluded the suspension period and completed the conditions accompanying the suspension, he/she must submit a letter to the Dean of Students requesting reinstatement and provide evidence that he/she has satisfied the terms of the suspension. The student may return to the University only after an affirmative decision has been made by the Dean of Students.

13. Expulsion from the University

Expulsion is the most serious University disciplinary action and involves the permanent exclusion of the student from the University. Expulsion involves the following: forfeiture of all rights and degrees not actually conferred at the time of the expulsion; notification of the expulsion provided to the student, the student’s college and his/her parents or guardian if the student is a dependent; permanent notation of the expulsion on the student’s academic and disciplinary records; withdrawal from all courses according to the policies of the student’s college or program; and forfeiture of tuition and fees. Any student expelled from the University must refrain from visiting the University premises except when engaged in official business approved in writing by the Dean of Students or his/her designee.

Student Organization Sanctions

The actions of student organizations are expected to be consistent with the Ethos Statement and the Code of Student Conduct. If a student organization or group violates Saint Xavier University’s standards of conduct, disciplinary action will be taken against the group as a whole, its officers, or individual members. Student organization disciplinary sanctions may include, but are not limited to, the following:

  1. The disciplinary actions described above including: educational activities, guest privileges, restitution/fines, University warning, and limitation on University activities.
  2. Written or verbal notification to national organization representatives, officers, or advisors.
  3. Social Probation: Probationary Status for not less than one (1) month, during which time the organization is restricted from participating in any combined social function with individuals or other student organizations outside of its own membership.
  4. Probation of Student Organization: Probationary Status for a specified period of time, typically not less than one semester, during which time the organization will be required to fulfill specific conditions prior to reinstatement to good standing.
  5. Suspension of Student Organization: Separation from the University for a specified period of time, typically not less than one semester. Suspension means that the group has no authority for operating on campus or at off-campus sponsored University events. Suspension involves the loss of all rights and privileges of student organizations, including the use of University facilities, financial resources, recruiting members, and promoting the organization. Probationary Status may be assigned for one (1) year following the completion of the suspension period.
  6. Termination of the Student Organization: Termination of a student organization is the most serious University disciplinary action for a student organization. This action is a total and permanent separation of the group from the University. This includes total prohibition for the organization and its members or supporters to conduct any activity on the campuses of the University or at off-campus University associated events which can in any way promote the goals, purposes, identity, programs, or activities of the organization. Termination involves the loss of all rights and privileges of student organizations, including the use of University facilities, financial resources, recruiting members, and promoting the organization.

All decisions about and actions imposed on student organizations or groups will be kept in a file in the Office of the Dean of Students for five (5) years. Prior conduct actions will be reviewed if there are subsequent violations by the student organization. Such actions may be taken into account when determining an appropriate disciplinary action.

Student Conduct System Procedures/Terms Defined

The Principles of Student Conduct cited in the Ethos Statement are expectations of students attending Saint Xavier University. Students who are found responsible for violating these ideals will be subject to the sanctions outlined in the previous section. In order to determine if a student is responsible for a conduct violation, the Student Conduct Procedures described below will be followed.

Incident Report

Incident Reports are used to notify University officials about a potential violation of the University’s Student Code of Conduct. Any member of the University community or off-campus individuals can submit an Incident Report. The Incident Report contains the date, time, location, names of individuals involved, and details of the incident. Incident Reports are submitted to the Office of the Dean of Students.

Incident Reports are reviewed by the Dean of Students or his/her designee and a determination is made regarding how the case will proceed. Cases are handled on the basis of severity of the alleged violation and the potential sanctions. A case can be dismissed and charges dropped, assigned as an administrative hearing, or referred to the University Conduct Board.

Letter of Allegation

For every hearing, a Letter of Allegation is delivered to the charged student to notify him/her in writing of the alleged violation(s) of the Code of Student Conduct and the type of hearing. All correspondence regarding the conduct system is prepared by the Office of the Dean of Students.

Letter of Notification

The outcome of a hearing will be communicated verbally to the charged student as well as through a Letter of Notification. It is the student’s responsibility to make sure that an up-to-date address is on file with the University. Every reasonable attempt will be made to deliver the Letter of Notification to the student.

Victim Notification

Victims may be notified of the hearing results after the appeal process is completed.

Hearings

There are three types of hearings which are described below.


Types of Hearings

1) Administrative Hearing

An administrative hearing is a formal hearing conducted by one or more members of the Dean of Student’s staff (“hearing officers”). The hearing officer(s) conduct a hearing by reviewing the evidence, interviewing the accused student(s) and, if necessary, appropriate witnesses. The hearing officer(s) will deliberate in private and make a decision about the student’s involvement in the alleged misconduct and issue appropriate sanctions. The disciplinary actions that can be taken at the administrative hearing level are sanctions 1-11.

2) University Conduct Board Hearing

Incidents which could result in suspension or expulsion from the University are referred to the University Conduct Board by the Dean of Students. The University Conduct Board is comprised of a Chair and a minimum of four (4) representatives from the faculty, staff, and student body. The members of the University Conduct Board are appointed by the Vice President for Student Affairs from a pool of faculty, staff, and students nominated by the Faculty Senate, Student Government Association, and the Dean of Students. The members of the University Conduct Board will be appointed at the beginning of the academic year and will serve for one (1) academic year. The Chair of the University Conduct Board (“Board Chair”) is appointed by the Vice President for Student Affairs from the members appointed to serve on the University Conduct Board.

A hearing before the University Conduct Board will include the Board Chair and a minimum of four (4) members of the Board, the accused student(s), the complainant(s), witnesses, and advisors. The deliberations by the Board will be conducted in private. A quorum consists of five (5) voting members. The outcome of the case is communicated to the student verbally and in writing. The University Conduct Board can issue all disciplinary actions outlined above.

However, when the University Conduct Board is not in session (semester breaks, exam periods or summer recess), cases may be heard as administrative hearings. In these instances the hearing officer(s) have the authority to impose the full range of sanctions available to the University Conduct Board, sanctions 1-13.

University Conduct Board Pre-Hearing

All cases referred to the University Conduct Board must have a pre-hearing at least one (1) day prior to the hearing. The Hearing Coordinator, who is a member of the Dean of Students staff, will conduct the pre-hearing with the student. The pre-hearing provides an opportunity for the accused student to review all written reports about the allegations and make an initial response to them. During the pre-hearing there will be a full explanation of:

  • The nature of the offense
  • All charges against the student
  • The student’s rights in the conduct system
  • University Conduct Board procedures

The Hearing Coordinator will answer any questions which the student may have regarding the conduct proceedings. During the pre-hearing, the student is informed of the date and time of the University Conduct Board hearing.

Advisors are permitted at the pre-hearing. Witnesses are not permitted at the pre-hearing.

As well as conducting the pre-hearing, the Hearing Coordinator will make all arrangements for the University Conduct Board proceedings, prepare a notification letter to the student, participate in the University Conduct Board hearing as a non-voting member, and communicate the decision of the University Conduct Board in writing to the student.

University Conduct Board Hearing Format

  1. At the beginning of the hearing the accused student will be introduced to others who are present.
  2. The student’s understanding of his or her rights in the conduct process will be reviewed.
  3. The accused student will be informed of the standards of conduct alleged to have been violated.
  4. The complainant/victim will be asked to describe what happened.
  5. The accused student will have an opportunity to respond.
  6. Witnesses will be asked to describe what happened, and the accused student will have a chance to respond.
  7. All communication between the accused student, complainant, victim, and witnesses will be directed to the Board Chair. The Board Chair will determine which questions to ask of each person.
  8. The Board Chair may reasonably limit the scope and time devoted to each matter or item of discussion during hearings, as well as the number of persons testifying.
  9. The Board Chair will decide the order of witnesses and when the victim and witnesses will be in the hearing room.
  10. The Board Chair and/or members of the Conduct Board may ask questions of any accused student, complainant, victim or witness during the hearing.
  11. At the conclusion of the hearing, the accused student, complainant, victim, advisers and witnesses will be excused. These individuals will not be present during the deliberations of the University Conduct Board. After the deliberations, the decision will be communicated to the accused student.

Substitution of Members

If a member of the University Conduct Board believes that he/she is not qualified to serve on the board for personal or official reasons, that member may disqualify him/herself. A student whose case is before the University Conduct Board may not object to the membership of the University Conduct Board except for reasons of official or personal conflict of interest. The Board Chair will determine the validity of such objections and his/her determination shall be final.

3) Student Organization Hearing

A student organization hearing is a hearing conducted by one or more hearing officers or, in serious cases, the University Conduct Board. A case is considered serious when it is possible that the student organization could be suspended or terminated. This type of hearing is conducted when there is a violation of the Ethos Statement on premises owned, rented or operated by the organization; during an organization event; in any situation sponsored or endorsed by the organization; or in any event an observer would associate with the organization. The hearing officer(s)/Board Chair will review all of the evidence and decide on responsibility or non-responsibility. If there is a decision of responsibility, the hearing officer(s)/Board Chair will then assign or recommend a disciplinary action for the organization and/or individual member(s), as appropriate. An organizational hearing differs from an administrative hearing/University Conduct Board hearing in that (1) the organization’s advisor is invited to attend the hearing and participate in the proceedings; (2) the organization’s president and executive officers will usually officially represent the organization at the hearing, although additional officers and/or members of the organization may be invited to the hearing; and (3) the organization will be asked to submit a written statement about the incident and its involvement that will be used during the hearing. The disciplinary actions that can be taken by hearing officer(s) as a result of a student organization hearing are the same sanctions outlined above.

Witnesses

Witnesses are permitted at hearings. It is the responsibility of the student charged to contact his/her witnesses, request their attendance at the hearing and to notify the hearing officer(s) of the witnesses’ names at least 24 hours prior to the hearing date. Victims, complainants and the hearing officer may also invite witnesses to appear at the hearing. If a witness is unable to attend the hearing, the witness may provide a written statement and discuss the statement with the hearing officer before the scheduled hearing. The hearing may proceed even if all witnesses are not present. The hearing officer may limit the number of witnesses permitted to attend the hearing.

Advisors

Advisors are permitted at pre-hearings and hearings. The student charged has the right to have one advisor present. Advisors can be Saint Xavier faculty, staff, students, or family members. The advisor serves as a support person and is intended to provide direct assistance to the student before and during the hearing. The advisor may not speak for the student nor address the hearing officer(s) or the University Conduct Board. The advisor may not function as legal counsel. Attorneys are not permitted at the hearings. The student must inform the hearing officer of the name of the advisor 24 hours prior to the hearing date.

Attendance

All conduct hearings will be closed to everyone except those persons specifically provided for in this procedure or persons whose presence at the hearing is authorized by the Dean of Students of his/her designee.

A student who cannot attend the hearing scheduled for consideration of his/her case must submit a written statement to the Dean of Students stating the reasons for the conflict and requesting a new hearing date. This statement must be presented to the Dean of Students at least two days prior to the hearing. At the discretion of the Dean of Students, the hearing may be rescheduled. Only one change of hearing date and time may be granted. The final decision on the hearing date and location of a delayed hearing will be decided by the Dean of Students.

If a student fails to attend a scheduled hearing, the hearing may proceed in the absence of the charged student. Such an absence will not be considered grounds for an appeal.

Where two or more cases involving common occurrences or the same student(s) are pending simultaneously, the Dean of Students may decide to consolidate the hearing of such cases or hear them separately.

Appeals

Students found responsible for serious conduct violations may request an appeal hearing when the sanctions imposed include one or more of the following:

  • suspension from the residence hall for more than two weeks
  • termination of the housing contract
  • University probation
  • suspension or expulsion from the University
  • postponement of conferring of honors and degrees
  • suspension or termination of a student organization

Appeals are not rehearings, and they are not granted on the basis of disagreement with the original decision. The Dean of Students will review appeal requests to determine if there are grounds to warrant an appeal, as outlined below. For cases in which the Dean of Students makes the disciplinary decision, the Vice President for Student Affairs or his/her designee will assume the appeal role described in this section. References to the Dean of Students in this section shall be understood also to refer to the Vice President or his/her designee.

Appeals will only be considered based on the following reasons:

  1. There is new evidence regarding the case that was not available for consideration during the original hearing.  Information is not considered new evidence if the student did not attend the original hearing or voluntarily withheld information during the original hearing.
  2. The University conduct procedures were not followed.
  3. The disciplinary action taken can be shown to be capricious and arbitrary.

Timeline

A student has two (2) working days after receipt of the written notification of a disciplinary decision to file an appeal request with the Office of the Vice President for Student Affairs. Failure to request an appeal within the two (2) working day period waives the right to request an appeal. Disciplinary actions will not be implemented while an appeal is under consideration.

Request for Appeal

The appeal must be in writing and submitted on a Request for Appeal Form. This form is available in the Office of the Dean of Students. In completing the form, the student is asked to make a statement explaining in detail why he/she is contesting the results of the hearing. Copies of any documents that will substantiate or clarify the appeal should be attached to the Request for Appeal Form. The completed form is submitted to the Office of the Dean of Students.

Administrative Appeal Option

An administrative decision to grant or deny an appeal request will be made at the discretion of the Vice President for Student Affairs. The Vice President may take one of the following actions:

  1. uphold the original disciplinary decision and thus deny the appeal;
  2. modify the disciplinary decision;
  3. refer the case for a new or partial rehearing; or
  4. dismiss the charges. 

The Vice President will notify the student in writing of his/her decision to grant or deny the request for an appeal.

The disposition of the case by the Vice President is final.

May 5, 2004