April 2005

As approved by the Faculty Senate on May 9, 2005

I.     The following 7 recommendations are primarily editorial: (Deleted language is indicated by strikethrough.  New wording is underlined.)

9.21.15 Administrative Hearings shall be conducted …… (3) if a student requests an administrative hearing; and (4) if in the judgment of the Office of Student Life, scheduling difficulties, time pressures, the seriousness of the case, and/or similar circumstances make an administrative hearing necessary and/or appropriate. it is necessary to ensure that a hearing occurs in a timely fashion, to insure the health and safety of any of the participants or to insure an unbiased hearing.

        Rationale: Refines description of circumstances for administrative hearings.

5.74.20 Hearing Panels….. Panel members shall be appointed from the Judicial Board members by the Office of Student Life. Faculty or staff who have been Judicial Board members in the past and who are conversant with the current system may be asked to serve on individual hearing panels when a sufficient number of current Board members is not available.

        Rationale: insures that hearing participants’ knowledge is up to date.  

9.21.21 Presence of Accused, Oaths, Burden of Proof, and Standards of Evidence Proof. …… The charging official and the chair of the panel will work to eliminate prejudicial and irrelevant information.  If the charged student feels that this has not been done, he/she can add a written complaint or correction to the materials that are given to the hearing panel or officer.   The panel shall rule on the admissibility of evidence.  Unduly repetitious or irrelevant evidence may be excluded.  

Rationale:  Less legalistic; clearer responsibility for hearing content.

9.21.27 Continuance of Disciplinary Proceedings. ……If a student completing degree requirements is accused of an offense for which suspension or dismissal are appropriate penalties, his/her diploma may be withheld pending resolution of the conduct proceedings or during a period of suspension.

Rationale:  Clarifies that diplomas may be withheld not only during conduct proceedings, but also during suspension.

9.21.28 Deferral of Proceedings.  The staff of the Office of Student Life may defer conduct action at any stage of the process for a period not to exceed ninety calendar days when school is in session. ….

Rationale:  Clarifies timing of deferral.

9.21.31 Conduct Records. All conduct records, such as complaint letters, correspondence, charge letters, decision letters, and hearing summaries, shall be considered confidential, and be maintained by the Office of Student Life for five six years after the date of the conduct action.  Records of unresolved incidents shall be reviewed annually starting with the 5-year 6-year anniversary.  ……

Rationale:  Federal guidelines have changed from 5 to 6 years.

9.22.11 No Further Action. When the student is found responsible for the violation(s), and the discussion with the haring officer or the hearing before the appropriate panel has been sufficient in and of itself, further action may not be deemed necessary.  However, the verdict is still noted in the student’s record in the Office of Student Life. In cases where the discussion with the administrative officer or the hearing before the appropriate student conduct board has been sufficient, the student will be notified that there is no further action necessary.

Rationale:  Reflects current practice. Responsibility for a violation always carries a sanction, even if it is only a warning.

II.    The second set of 2 recommendations has to do with academic integrity. Please note that the Academic Standards and Calendar Committee supported these proposed changes unanimously at its 3/31/05 meeting.

(New) 8.27.20 Students accused of academic dishonesty within the drop period may be denied the opportunity to drop the course.  This requires permission from the instructor’s dean.  If the accusation is not upheld in an appeal, the student will be given the same options available before the end of the drop period without penalty.

Rationale:  Prevents students from dropping course to evade grade sanction for academic dishonesty.

8.27.20  8.27.21….The Dean of Students shall notify the student's dean of subsequent infractions and may initiate conduct action against the student.

Rationale:  Encourages uniform handling of repeat offenses across colleges.across colleges.