B. Judicial Procedure for Alleged Violations of the Code of Student Life
- Introduction.
These procedures are designed to cover complaints against students based on alleged violations of the Code of Student Life except for complaints involving sexual misconduct or other designated offenses (see B-1 below). Alleged violations of Regulation 1 (academic misconduct) are handled under the procedures described in Part C, Academic Misconduct. Alleged violations of Regulations 2-17 are ordinarily resolved by the dean of students, who may assign responsibility to a designated department head or assistant. Procedures used to resolve residence hall misconduct complaints are described below in Section H, Residence Hall Judicial System. Complaints of abuse of service privileges, such as overdue library books, parking violations, intramural sports infractions, and misuse of placement offices and computer services, are resolved within the particular department that provides the service in question. Persons with questions as to which University procedures apply to a particular situation may contact the Office of the Dean of Students or the University Ombudsperson for more information.Formal complaints about sexual misconduct should be made to the UI Sexual Misconduct Response Coordinator (335-6200). Sexual misconduct complaints are resolved under the Judicial Procedures for Allegations of Sexual Misconduct set forth in B-1 below. When a complaint of sexual misconduct is filed, the dean of students shall designate an administrator to investigate the complaint. The investigator designated by the dean is referred to in B-1 below as the Sexual Misconduct Enforcement Officer.
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Complaint Procedure.
Any person may bring a complaint against a student under these procedures based on an alleged violation of the Code of Student Life (see extent of jurisdiction in introduction). The dean of students shall designate a person to investigate and review the complaint and determine whether formal charges should be brought against the accused student (refer to subsection 3). To initiate an investigation into matters other than sexual misconduct, the complainant should contact the Office of the Dean of Students directly. The designee's investigation may be delayed in the event that concurrent criminal charges are pending against the accused student (refer to subsection 13). Depending upon the outcome of the investigation, complaints may be resolved in one of three ways: (1) informal agreement between the accused student and the investigator; (2) formal charges brought against the accused student at an administrative hearing; or (3) dismissal of complaint. -
Investigation.
The dean of students or designee will gather relevant evidence to determine whether there is a reasonable basis for believing that the Code of Student Life was violated. In order to make such a determination, the dean of students or designee may interview the complainant and witnesses. During the investigation, the dean of students or designee may meet personally with the student accused. Alternatively, the student accused may be notified of the complaint in writing and given an opportunity to respond. In the event that the dean of students or designee believes that evidence shows that there is a reasonable basis for believing a violation did occur, formal charges will be brought. A student accused may consult with the University Ombudsperson or other advisers during the investigation as well as prior to a hearing or following a hearing.
During the period of investigation, the dean of students or designee may seek informal disposition of the complaint with the student accused. If an informal agreement is reached, no formal hearing will be held unless the terms of the informal disposition are breached or the student requests in writing a formal hearing within 20 calendar days. Students who fail to comply with 1 or more provisions of an informal agreement are in violation of Sections 2 & 3 of the Code of Student Life.
Once an informal agreement has been concluded, the accused student will be considered to have waived his or her right to a formal hearing if a written request for a formal hearing is not made within 20 calendar days. The 20-day period will commence when a written summary of the informal agreement has been mailed to the accused student. After the 20-day period has elapsed, the accused student may not request a formal hearing without a showing of good cause. The determination of good cause will be made by the dean of students. -
Charge Procedure.
If it is determined that formal charges should be brought, the dean of students or designee (hereinafter "charging party") shall send the student involved a Notice of Hearing which shall (1) set out the rule or rules which have been allegedly violated, (2) state the alleged actions or behavior, (3) list the names of any witnesses intended to be called by the charging party, (4) advise the student of his or her rights and of the hearing procedure, (5) state the time and place of the formal hearing, and (6) specify the sanction(s) to be imposed if the student is found guilty.
When a student is formally charged with violating the Code of Student Life, the charging party may notify the student that an informal disposition of the charge may be pursued through discussions between the student and the charging party. If an informal disposition is made, the student will be sent a letter stating the terms of the disposition. If an informal agreement is reached following a Notice of Hearing letter, no formal hearing will be held unless the terms of the informal disposition are breached or the student requests in writing a formal hearing within 7 calendar days. Students who fail to comply with one or more provisions of an informal agreement are in violation of Sections 2 & 3 of the Code of Student Life.
Once an informal agreement has been concluded, the accused student will be considered to have waived his or her right to a formal hearing if a written request for a formal hearing is not made within 7 calendar days. The 7-day period will commence when a written summary of the informal agreement has been mailed to the accused student. After the 7-day period has elapsed, a request for a formal hearing will not be granted without a showing of good cause. The determination of good cause will be made by the dean of students.
A copy of the Notice of Hearing will be sent to the administrative hearing officer, who shall be drawn from the pool of administrative hearing officers selected by the president after consultation with the appropriate constituent groups. Another administrative hearing officer will serve if a student who is charged can adequately demonstrate why the assigned administrative hearing officer should not hear the case. Such an objection must be made in writing to the dean of students, with a copy to the assigned administrative hearing officer, at least 2 University business days before the hearing is scheduled to begin.
The dean of students may elect to resolve two or more complaints against one student at a single hearing. In addition, the dean of students may elect to resolve a complaint against two or more students at separate hearings or at a single hearing in the event that the complaints arose out of the same transaction or occurrence. Any challenge about complaint consolidation or separation will be determined by the administrative hearing officer. To challenge a decision to separate or consolidate a complaint, the student accused must notify the administrative hearing officer of the ground(s) for the challenge in writing at least 2 University business days before the hearing is scheduled to take place. If the student charged or the charging party cannot appear at the time specified, the student or the charging party must contact the administrative hearing officer at least 2 University business days before the hearing is scheduled to begin to arrange a different time for the hearing. If the student charged has not contacted the administrative hearing officer and does not appear at the hearing, the administrative hearing officer may make a decision on the charge and the sanction, if any. If the charging party has not contacted the administrative hearing officer at least 2 University business days before the hearing is scheduled to begin and does not appear, the administrative hearing officer may postpone or continue the hearing or may drop the charge.
The student charged will be mailed or served the Notice of Hearing at least 7 University business days before the hearing. Notice of Hearing will be sent by U.S. mail, campus mail (for on-campus residents), or electronic mail, or will be served personally . The student charged will receive notification of names of any additional witnesses intended to be called by the charging party at least 2 University business days prior to the hearing.
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Rights at Hearing.
The student charged is granted by the Judicial Procedure the following rights at a hearing: (1) to present his or her side of the story; (2) to present witnesses and evidence on his or her behalf; (3) to cross-examine witnesses presenting evidence against the student as long as the questions are relevant, material, and not unduly repetitive; (4) to be represented by an adviser at the student's expense (if any expense is entailed). Prior to the hearing, the student has a right to examine his or her disciplinary file in the Office of the Dean of Students. The student also has a right to know, upon request, which written documents or other physical evidence in the disciplinary file the University representative plans to present at the hearing. To examine the disciplinary file or learn what documents will be presented at the hearing, the student should contact the Office of the Dean of Students at least 2 University business days before the hearing is scheduled to take place and arrange a meeting with the keeper of the record .
The complainant has the following privileges at a formal hearing; (1) to testify on the issues raised by the complaint; (2) to be accompanied by a person who may advise him or her of the hearing process; (3) to remain in the hearing room following his or her testimony until all evidence has been presented; and (4) to be informed of the outcome of the hearing as permitted under federal laws governing confidential student record information.
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Hearing.
The administrative hearing officer shall preside at the hearing. The hearing officer shall (1) inform the student of the charge, the hearing procedures, the sanctions to be imposed if found guilty, and his or her rights and (2) answer any questions the student charged may have on these matters. The hearing officer shall hear and receive evidence to determine whether a violation of the Code of Student Life has occurred. The hearing shall be recorded.
The hearing shall be closed unless the student charged specifically requests in writing at least 2 class days before the hearing that the hearing be open. If the student requests an open hearing, the administrative hearing officer may nonetheless elect to close all or part of the hearing. The administrative hearing officer may elect to exclude persons who are to appear as witnesses. The charging party may request that the hearing officer place partitions or other physical barriers in the hearing room between the complaining party and the accused student. If partitions are installed to prevent the two parties from viewing each other, the accused student shall have the opportunity to question the complaining witness even though the accused student cannot view the complaining party due to the partitions. A request to install partitions must be made in writing at least 2 class days prior to the hearing with a copy to the accused student.
After informing the student of the hearing procedures, the administrative hearing officer shall ask the student charged to plead guilty or not guilty. If the student pleads not guilty, the charging party shall present the University's case and shall offer evidence, which may include written testimony and/or witnesses, in support of the charge. Ordinarily, each witness will remain outside of the hearing room until called to testify and, once seated, will be requested to respond truthfully to the questions posed. The student charged may cross-examine the evidence presented by the charging party. The student charged may then present his or her case and may offer evidence, which may include written testimony and witnesses, in his or her behalf which shall be subject to cross-examination by the charging party. The student and the charging party may present character witnesses in cases where such evidence is relevant to the findings of fact.
If the student pleads guilty to all of the charges contained in the Notice of Hearing, neither party need present evidence and the hearing shall be concluded.
The charging party bears the burden of showing by a preponderance of evidence that the Code of Student Life was violated. The administrative hearing officer may exclude irrelevant, immaterial, or unduly repetitive evidence. A finding by the administrative hearing officer shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their serious affairs. Objections to evidentiary offers may be made and shall be noted in the record.
The administrative hearing officer shall control the hearing process and maintain a level of decorum appropriate for a quasi-judicial proceeding at an educational institution. In the event the hearing is disrupted, the administrative hearing officer may insist that one or more individuals leave the hearing room if such a measure is necessary to preserve decorum.
The administrative hearing officer's decision as to whether the Code of Student Life was violated may be rendered orally at the close of the hearing. A written decision shall ordinarily be issued within 5 University business days after the hearing, and, in any event, within 10 University business days after the hearing.
Notification of Decision shall be sent to the student charged by certified mail or campus mail, to the charging party, the dean of students, and to other appropriate University officers. If the charged student is found to have violated the Code of Student Life, the hearing officer shall attach to the Notification of Decision a copy of the sanction document previously enclosed in the Notice of Hearing letter. The hearing officer's Notification of Decision letter shall also include a statement of the appeal procedure.
If the charged student is found to have violated the Code of Student Life, the sanction document attached to the Notification of Decision will be placed in the student's disciplinary file in the Office of the Dean of Students as evidence that the sanction was imposed. In those cases where the student was charged with violating the Code of Student Life on more than one occasion, the dean of students may place a document in the student's disciplinary file to clarify which sanctions have been imposed, with a copy sent to the student.
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Appeal by the Accused.
All appeals must be filed with the Office of the Provost (hereinafter "provost") with supporting materials (if desired) in the provost's office within 10 University business days following the receipt of the written notification of the administrative hearing officer's decision. The student's written petition for appeal should specify the grounds for appeal from the list of five grounds enumerated below. The provost shall designate an appropriate individual to review the record of the hearing and the past disciplinary records of the charged person.
Ordinarily, no new evidence will be received with respect to the findings of fact and the interpretation and application of the conduct regulations. At the discretion of the provost's designee, evidence on the charged party's character may be submitted in writing to assist in determining an appropriate sanction.
During the appeal, sanctions imposed by the vice president shall remain in effect. A student suspended or expelled may request, from the vice president, permission to attend classes until the provost's designee has made a decision on appeal.
The provost's designee may recommend to the provost that the decision be affirmed. The provost's designee may also recommend that the decision be reversed, modified, or other appropriate relief be granted, if substantial rights of the student have been prejudiced because (1) the finding of guilt was unsupported by substantial evidence in the record made before the administrative hearing officer when the record is viewed as a whole; (2) with respect to issues disputed at the hearing, the decision to find the student guilty of violating the conduct regulations was, as a whole, unreasonable, arbitrary, or capricious or characterized by an abuse of discretion or clearly unwarranted exercise of discretion; (3) the sanction imposed for the violation was unreasonably harsh or inappropriate when the nature of the violation and the disciplinary record of the charged person are considered; (4) the procedures were not properly followed; or (5) new evidence, not reasonably available at the time of the hearing, is of sufficient importance to warrant reconsideration by the hearing officer. The student's written petition for appeal should specify the grounds for appeal.
The decision on appeal and the reasons therefore will be transmitted to the student charged, the charging party, the dean of students, and other appropriate University officials within 30 calendar days of the receipt of the Notice of Appeal. The decision of the administrative hearing officer and the final decision on appeal, as well as the notices and other related documents, will be kept in the student's disciplinary file in the Office of the Dean of Students.
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Appeal by the Charging Party.
The charging party may appeal the decision of the administrative hearing officer to the provost to challenge the interpretation and application of the conduct regulations. The charging party may not appeal the administrative hearing officer's conclusions as to the facts of the case.
To appeal, the charging party shall file a written petition with supporting materials (if desired) in the provost's office within 5 University business days following the receipt of the written notification of the administrative hearing officer's decision. A copy of the petition shall be sent to the charged student.
The charging party's written petition for appeal should specify the grounds for appeal. To warrant a change in findings regarding the conduct regulation(s) allegedly violated, the hearing officer's interpretation and application of the regulation to the facts of the complaint must be so unreasonably narrow given the nature of the conduct and the regulation's purpose as to undermine the University's educational mission.
The provost shall designate an appropriate individual to review the record of the hearing and the past disciplinary records of the charged person. The provost's designee may recommend to the provost that the decision be affirmed, reversed, or modified. The provost may also remand the complaint to the administrative hearing officer with instructions to reconsider the decision.
The decision on appeal and the reasons therefore will be transmitted to the student charged, the charging party, the dean of students, and other appropriate University officials within 30 calendar days of the receipt of the petition, and will be kept in the student's disciplinary file in the Office of the Dean of Students.
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Sanctions.
The vice president has the authority to impose any one or a combination of the following disciplinary sanctions if the student is found guilty by a hearing officer. The sanctions imposed will be those specified by the vice president in the Notice of Hearing. The following are to serve as guidelines rather than as a definitive list of sanctions. -
- Disciplinary Warning: This is a strong, written warning that if there is a repetition of the same action or any other action in violation of the Rules and Regulations of the Code of Student Life, the student can expect additional disciplinary action. A record of the disciplinary action is kept on file.
- Disciplinary Probation: When on disciplinary probation a student is not considered to be in good standing with respect to the non-academic disciplinary system and any further violations may lead to suspension or expulsion from the University.
- Restitution and Fines: A student may be assessed reasonable expenses related to the misconduct. This may include, but is not limited to, the repair/replacement cost for any damage he or she causes to property or medical or counseling expenses incurred by the victim. If a student violates a residence hall policy that calls for the imposition of a fine, a fine will be assessed consistent with residence hall practice.
- Educational Sanction: A student may be required to provide a specific service or participate in a specific program, receive specific instruction, or complete a research assignment. The student is responsible for related expenses, including expenses for education, counseling, or treatment, if any expense is entailed.
- Exclusion from University Facilities or Activities: A student may be prohibited from accessing University computer equipment or internet connections, attending a class, undertaking University employment, entering a building, participating in an extra-curricular activity sponsored by the University, representing the University in an official capacity, or using other services provided by the University. Such exclusion may be for a definite or indefinite period of time.
- Disciplinary Suspension: A student may be involuntarily separated from the University for a stated period of time after which readmission is possible. A student with one or more violations may be suspended from the University for an indefinite period of time. A student suspended indefinitely may petition to the dean of students for reinstatement.
- Expulsion: When a student has a record of serious violations, he or she may be dismissed from the University permanently.
- Residence Halls Suspension: A student may be involuntarily separated from the residence halls indefinitely or for a stated period of time after which readmission is possible. Unless specifically permitted to do so by the dean of students, a student suspended from the residence halls is ineligible to use residence hall services, including board plans, and may not enter the residence halls. For purposes of progressive discipline, a student suspended from the Residence Halls may be suspended or expelled from the University if he or she is found to have violated the Code of Student Life subsequent to the housing suspension.
- No-Contact Order: A student may be prohibited
from intentionally contacting a student, employee,
or visitor to campus in any manner at any time.
Such prohibition may be in effect for a specific
or an indefinite period of time.
When a student fails to respect the general conditions conducive to learning in violation of the Code of Student Life, the University’s response will be corrective rather than punitive in order to ensure that the student may learn to exercise his or her freedom responsibly. In furtherance of the University’s educational mission, corrective action requires that the offending student be held accountable and receive a second opportunity to demonstrate good character after a single minor violation. In those egregious cases where the demonstrated misbehavior is subversive to the learning process and cannot be tolerated, an individual may be separated from the University.
Taking responsibility for one's misconduct goes beyond acknowledging the wrongful conduct and entails the formal ratification of disciplinary measures that anticipate the possibility of additional misconduct. In assigning sanctions consistent with the Code's educational purpose, the principle of progressive discipline is paramount. Thus, increasingly harsh sanctions will be applied for additional violations regardless of whether the misconduct is similar in nature. Furthermore, counseling sanctions (e.g., drug education and community service) are not intended to serve as a substitute for status sanctions (i.e., warning, probation, and suspension).
For example, a student found guilty of a second offense after being placed on one-semester probation for the first violation can expect suspension or an extension of the probation, in addition to any counseling sanction.
Ordinarily, a student found guilty of serious assault, threats with a weapon, possession of a gun or other dangerous weapon, sexual assault, possession of cocaine or other hard drugs, or distributing illegal drugs is suspended or expelled from the University even if there are no prior sanctions on the student's record. A pattern of behavior (such as stalking) which places another person in reasonable fear of his/her safety may also result in a suspension. For students who live in campus housing, sanctions imposed may include loss of residential privileges. The following violations ordinarily result in a Residence Hall eviction regardless of the student's prior record: possession or use of marijuana, false fire alarm, or an open flame violation. This list of offenses is not intended to be complete; other conduct not listed above may also warrant suspension from the University or from the residence halls. A student found in possession of a beer keg or other large quantity of alcohol on campus is subject to immediate Residence Hall suspension and possible University suspension. -
Interim Sanctions.
A student may be suspended from the University or have privileges revoked pending the outcome of a disciplinary proceeding if, in the judgment of the dean of students, the student's continued presence or use of privileges at the University pending the outcome of the proceeding is likely to cause harm to faculty, staff, other students, other specified persons or groups, or University property. The dean of students will base an interim sanction judgment on evidence gathered in the initial stage of an investigation of the alleged conduct. Ordinarily, the dean or the dean's designee will converse with the student when interim suspension is considered.
A student suspended under this section may seek review of that decision by requesting the dean of students to reconsider the decision within 5 University business days after the student has received Notice of Suspension. The student may request that a formal University disciplinary hearing be held to resolve the merits of the complaint. -
Compliance with Sanctions.
Students who fail to comply with a sanction in a reasonably timely manner are subject to additional disciplinary action by the vice president, which may include Suspension from the University. The vice president's authority to take additional disciplinary action in cases of non-compliance extends to complaints resolved through informal agreement, complaints resolved at a formal hearing, and complaints resolved by another student services department such as University Housing.
For purposes of this subsection, "sanction" includes but is not limited to Educational Sanctions, Restitution, and Exclusion from University Facilities or Activities described in subsection 9. In the event that a student fails to comply with a sanction and the vice president is prepared to impose a Suspension, the student will be notified of the apparent failure to comply and of the vice president's intent to suspend, and provided an opportunity to meet personally with the vice president and explain the circumstances prior to a final decision by the vice president. A student suspended for failing to comply with a sanction may appeal the vice president's decision to the Office of the Provost but is not entitled to a formal hearing before an administrative hearing officer. All appeals must be made in writing to the Office of the Provost within 10 business days following the date of the decision by the vice president. -
Records.
If disciplinary action is taken against a student under these procedures and a sanction imposed, a record of the action will be kept by the Office of the Vice President. The Office of the Vice President will determine the length of time a disciplinary record is to remain on file.
Under federal law, disciplinary records are part of the education records of the student and, consequently, are not ordinarily available for public disclosure or discussion (refer to "Student Records Policy," section I.C of Policies & Regulations affecting Students ). The Office of the Vice President will disclose information relating to a student's nonacademic disciplinary record with prior written permission from the student. -
Concurrent Criminal Charges.
Students who face criminal charges may also be subject to University disciplinary sanctions if the conduct which gave rise to the criminal charges also violates the Code of Student Life. An initial investigation may be undertaken before criminal procedures have concluded in order to determine whether interim sanctions are to be invoked. The vice president may prefer to delay the resolution of a Code of Student Life complaint if concurrent criminal charges are pending. If the vice president elects to do so, the Code of Student Life complaint will be resolved after the criminal charges are resolved unless the student requests a hearing to resolve a University complaint while criminal charges are pending.
University regulations and procedures are distinct from criminal statutes and procedures. The outcome in a criminal or civil proceeding is not dispositive of the question of whether the Code of Student Life was violated in all cases. A student charged with criminal misconduct will be considered guilty of violating University conduct regulations and therefore subject to disciplinary sanctions if convicted in criminal court of conduct prohibited under the Code of Student Life. For purposes of these procedures, a conviction includes a guilty plea, jury verdict, judicial decision, or deferred judgment. In the event a convicted student files a criminal appeal, the University will consider the question of criminal guilt to be final only after the matters on appeal have been resolved, although the vice president may impose an interim sanction pending the outcome of an appeal or proceed with disciplinary charges. Due to the less stringent standard of proof under these judicial procedures, a student accused but not convicted of a crime following a trial is still subject to University disciplinary action if found guilty by an administrative hearing officer.