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Scenes from Faculty Senate

Additional University Ombuds

The following sections of the University Manual are relevant to both faculty and students. They are reproduced at the request of the Ombud.

The following sections are divided alphabetically by topic and are not necessarily consecutive. The complete manual is available at http://www.uri.edu/facsen/MANUAL_09.html.

Absences
Appeals
Cheating
Course Requirements
Courses
Examiniations
Finals
Grades
Records
  -  Instructor
  -  Student
Registration
Student Conduct


Absences

8.51.12 Students who expect to be absent from classes or examinations for University sanctioned events shall discuss this with the appropriate instructor(s) at least one week in advance of the sanctioned event(s). The instructor(s) concerned shall then offer the student an alternative listed in section 8.51.11. For these purposes University sanctioned events shall be those events approved for class excuses by the Provost and Vice President for Academic Affairs, a Vice President, a Dean, or the Director of Intercollegiate Athletics. No event shall be regarded as University sanctioned until the Provost and Vice President for Academic Affairs has been notified. Disagreements over the validity of an event being categorized as University sanctioned shall be mediated by the Provost and Vice President for Academic Affairs. If agreement cannot be reached, the Provost and Vice President for Academic Affairs shall decide the matter and that decision shall be final.

8.51.13 When serious illness, accident, personal tragedy, or other serious matters prevent students from attending classes, taking examinations, or meeting deadlines, the instructor(s) concerned shall offer the student an alternative listed in section 8.51.11. Disagreements over the seriousness of an illness, accident, personal tragedy, or other serious matter may need to be mediated by the concerned instructor's department chair, dean, or eventually the Provost and Vice President for Academic Affairs. Either students or their instructors may seek such mediation. If an agreement cannot be reached, the Provost and Vice President for Academic Affairs shall decide the matter and his/her decision shall be final.

8.51.14 Requests for make-up, no matter what reason is offered for the absence, must be made before the end of the semester in which the absence(s) occur. The provisions of 8.51.11-14 are not meant to affect instructors' rights to give or not to give an Incomplete grade if the circumstances warrant such action (see sections 8.53.20-21).


Appeals

8.26.10 Appeals Procedure. Every undergraduate college shall establish and publish procedures for dealing with student requests for exceptions to courses of study or to other degree requirements or academic rules prescribed by that college or by the General Faculty.

8.26.11 Undergraduate students seeking exceptions to any University rule pertaining to their academic circumstances, including degree requirements and courses of study, shall do so by written petitions submitted to the students' respective deans. Copies of all such petitions shall be preserved by the respective deans for not less than two years.

8.26.12 No waiver of any college or University rule or requirement pertaining to an individual student's academic circumstances may be granted except in conformity with 8.26.10 and 8.26.11.

8.26.13 Faculty members bear responsibility for the evaluation of students and their professional judgment in this regard is to be respected. Undergraduate and graduate students who object to a recorded grade in a course should discuss the matter initially with the instructor. If the issue remains unresolved, students should make their case in writing to the instructor's department chairperson or immediate administrative supervisor. If the chairperson/supervisor thinks the appeal has merit, she/he should so inform the instructor. If this still fails to produce resolution, the chairperson/supervisor should refer the matter to a departmental or college appeals committee for a recommendation. (The latter would be appropriate in colleges lacking departments or where department faculty have voted to delegate the authority to a college appeals committee. For petitions concerning grades, appeals committees at both levels shall include a faculty member from a closely allied department or discipline.) If, after investigating the appeal, the committee concludes that compelling reasons exist to modify a grade, it will give the instructor a written explanation of its decision and ask that person to make the change. If the instructor still declines, he/she must provide the committee with a written explanation of the reasons for refusing. If, after considering the instructor's explanation, the committee agrees unanimously that it would be unjust to let the original grade stand, it shall direct the chairperson/supervisor that the grade be changed over the instructor's objection. The chairperson/supervisor will then initiate the change, notifying the instructor, the student, the instructor's dean, the student's dean, and the Office of Student Affairs of this action. The only exception to these guidelines shall be in cases where the instructor can no longer be consulted (e.g., that person has died or moved to an unknown address). In these circumstances, the appropriate chairperson/supervisor shall act in the stead of the absent instructor and modify a student's grade if a departmental or college appeals committee unanimously recommends such action in writing. In general, grades under appeal should not be considered when evaluating students for continuance in an academic program or for scholarship eligibility. The filing of the appeal must occur within two semesters following the issuing of the grade. (See section 8.56.10 concerning time limits for changes to recorded grades. Regarding cases involving cheating and plagiarism, see sections 8.27.10 through 8.27.21. For cases involving harassment/discrimination, see University Manual Appendix G, Policy#85-1.)

8.26.14 At least once each academic year the Faculty Senate Academic Standards and Calendar Committee shall request of and shall receive from the several undergraduate colleges particulars on all petitions which requested grants of exception to courses of study, to other degree requirements, and to any other academic rule established by the General Faculty.


Cheating and Plagiarism

8.27.10 Cheating and Plagiarism. Students are expected to be honest in all academic work. Cheating is the claiming of credit for work not done independently without giving credit for aid received, or any unauthorized communication during examinations.

8.27.11 A student's name on any written exercise (theme, report, notebook, paper, examination) shall be regarded as assurance that the work is the result of the student's own thought and study, stated in the student's own words and produced without assistance, except as quotation marks, references and footnotes acknowledge the use of other sources of assistance. Occasionally, students may be authorized to work jointly, but such effort must be indicated as joint on the work submitted. Submitting the same paper for more than one course is considered a breach of academic integrity unless prior approval is given by the instructors.

8.27.12 In preparing papers or themes, a student often needs or is required to employ sources of information or opinion. All such sources used in preparing to write or in writing a paper shall be listed in the bibliography. It is not necessary to give footnote reference for specific facts which are common knowledge and have obtained general agreement. However, facts, observations and opinions which are new discoveries or are debatable shall be identified with correct footnote references even when restated in the student's own words. Material taken word for word from the written or oral statement of another person must be enclosed in quotation marks or otherwise clearly distinguished from the body of the text and the source cited. Paraphrasing or summarizing the contents of another's work usually is acceptable if the source is clearly identified but does not constitute independent work and may be rejected by the instructor.

8.27.13 Notebooks, homework and reports of investigations or experiments shall meet the same standards as all other written work. If any work is done jointly or if any part of an experiment or analysis is made by someone other than the writer, acknowledgment of this fact shall be made in the report submitted. Obviously, it is dishonest to falsify or invent data.

8.27.14 Written work presented as personal creation is assumed to involve no assistance other than incidental criticism from others. A student shall not knowingly employ story material, wording or dialogue taken from published work, motion pictures, radio, television, lectures or similar sources.

8.27.15 In writing examinations, the student shall respond entirely on the basis of the student's own capacity without any assistance except that authorized by the instructor.

8.27.16 Instructors shall have the responsibility of insuring that students prepare assignments with academic integrity. Instructors shall do all that is feasible to prevent plagiarism in term papers or other written work.

8.27.17 Instructors shall have the explicit duty to take action in known cases of cheating or plagiarism. The instructor shall have the right to fail a student on the assignment on which the instructor has determined that a student has cheated or plagiarized. The circumstances of this failure shall be reported to the student's academic dean. The student may appeal the matter to the instructor's dean, and the decision by the dean shall be expeditious and final. The Vice Provost for Urban Programs shall be considered the instructor's dean only in cases of courses offered exclusively through the Alan Shawn Feinstein College of Continuing Education (e.g. courses with the code BGS).

8.27.18 If the violation warrants more severe censure, the instructor may recommend additional action to the instructor's dean. Upon this recommendation the dean may authorize the instructor to fail the student in the course. The student or instructor may appeal the dean's decision to the Provost and Vice President for Academic Affairs whose decision on the appeal shall be final.

8.27.19 Either the instructor, the instructor's dean or the student's dean may request judicial action (see 9.21.10-31) on an allegation against a student for cheating or plagiarism. Any of the judicial sanctions listed in sections 9.22.10-18 may be imposed after a finding of guilty. If the request comes from an instructor it shall be accompanied by a statement of position from the instructor's dean (see 9.20.10 and 9.21.10).

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.

8.27.21 Any record of scholastic integrity infractions where actions have been taken (i.e., assignment of an "F" on an assignment and notification of the student's dean, dean's authorization to assign an "F" for the course, referral to the University Board on Student Conduct) will be forwarded to the Office of Student Life. A cumulative file will be maintained in that office. The Dean of Students shall notify the student's dean of subsequent infractions and may initiate conduct action against the student.


Courses

8.33.30 Repeating Courses. Unless otherwise designated, no course may be repeated in which a grade of "C" or better has already been received except with the permission of the student's academic dean. The dean may require that the course be taken pass-fail. If such a course is repeated for credit, both grades are used in computing the QPA, and the credit requirement for graduation shall be increased by the number of credits repeated.

8.33.31 No limit shall be placed on the number of times a course may be repeated, but the credit requirement for graduation shall be increased by the number of credits repeated.

8.33.32 Students may exercise a Second Grade Option by repeating a course in which the student earned C-, D+, D, or F. Only courses that fall within the student's first 30 credits taken at the University may be selected for this option. Students must exercise this option no later than the next two semesters for which the student registers after completing thirty credits. Transfer students may exercise the Second Grade Option for courses taken during their initial semester at the University. This option must be exercised during the next two semesters for which they register after their initial semester. When a student exercises the Second Grade Option, only the grade earned when the course is repeated will be used in the calculation of a student's QPA and only the credits earned for the repeated course will apply toward the graduation requirements. All grades earned for a given course shall remain on a student's permanent academic record. Students who wish to take advantage of this Second Grade Option must obtain approval from their academic deans and submit the appropriate form to the Office of Enrollment Services prior to midterm of the semester in which the course is being repeated. The Second Grade Option may be used only once per course.

8.34.10 Dropping a Course . A course may be dropped by official procedures determined by the Office of Enrollment Services on or before the end of the eighth week of classes. Departments shall have the authority to designate selected courses as "early drop" courses which may be dropped up to two days before the end of the add period. Early drop courses will be designated in the course schedules. When such courses are offered by the Alan Shawn Feinstein College of Continuing Education they may be dropped at any time prior to the third class meeting or by the University deadline, whichever is later. If the student has not dropped a course by the end of the drop period the instructor must submit a grade. A student may drop a course after the end of the drop period only in exceptional circumstances and only with authorization of the dean of the college in which the student is enrolled. Fees will not be adjusted downward for courses dropped after the end of the "add" period (see 8.43.20 for adjustment of fees).

8.35.10 Auditing a Course. Auditors are persons who have permission to attend a course but are not taking the course for credit. Auditing is not permitted in non-credit courses. An auditor may be admitted to a class on a space-available basis with the consent of the instructor as indicated by the instructor's signature on an audit authorization form which must be filed in the Office of Enrollment Services before the end of the "add" period. The course instructor shall determine the extent to which an auditor may participate in class activities. An auditor's name shall not appear on official class rosters, on the grade report or on the permanent academic record.


Course Requirements

8.52.10 Grading Criteria. Instructors shall inform students in writing within one week after the beginning of the class of the criteria upon which grades will be determined including such information as the number and types of tests which will be given, the number and types of papers which will be assigned, the weight of homework assignments, etc. With appropriate written notification, these criteria can be changed by the instructor during the semester.


Examinations

8.51.10 Examinations. On the premise that examinations offer the teacher a valuable teaching aid, an essential means of testing the student's grasp of the course subject matter, and an opportunity for self-evaluation of the effectiveness of teaching methods, it is recommended that members of the faculty plan examinations with all three of these purposes in mind.

8.51.11 Students who plan to be absent from classes or examinations for religious holy days that traditionally preclude secular activity (see 6.20.11 for how such information is made available) shall discuss this with the appropriate instructor(s) in advance of the holy day. The instructor(s) shall then make one of the following options available:

a. the same quiz, test, or examination to be administered either before or after the normally scheduled time;

b. a comparable alternative quiz, test, or examination to be administered either before or after the scheduled time;

c. an alternative weighting of the remaining evaluative components of the course which is mutually acceptable to the student and instructor(s).

8.51.12 Students who expect to be absent from classes or examinations for University sanctioned events shall discuss this with the appropriate instructor(s) at least one week in advance of the sanctioned event(s). The instructor(s) concerned shall then offer the student an alternative listed in section 8.51.11. For these purposes University sanctioned events shall be those events approved for class excuses by the Provost and Vice President for Academic Affairs, a Vice President, a Dean, or the Director of Intercollegiate Athletics. No event shall be regarded as University sanctioned until the Provost and Vice President for Academic Affairs has been notified. Disagreements over the validity of an event being categorized as University sanctioned shall be mediated by the Provost and Vice President for Academic Affairs. If agreement cannot be reached, the Provost and Vice President for Academic Affairs shall decide the matter and that decision shall be final.

8.51.13 When serious illness, accident, personal tragedy, or other serious matters prevent students from attending classes, taking examinations, or meeting deadlines, the instructor(s) concerned shall offer the student an alternative listed in section 8.51.11. Disagreements over the seriousness of an illness, accident, personal tragedy, or other serious matter may need to be mediated by the concerned instructor's department chair, dean, or eventually the Provost and Vice President for Academic Affairs. Either students or their instructors may seek such mediation. If an agreement cannot be reached, the Provost and Vice President for Academic Affairs shall decide the matter and his/her decision shall be final.

8.51.14 Requests for make-up, no matter what reason is offered for the absence, must be made before the end of the semester in which the absence(s) occur. The provisions of 8.51.11-14 are not meant to affect instructors' rights to give or not to give an Incomplete grade if the circumstances warrant such action (see sections 8.53.20-21).

8.51.15 Examinations given during the semester may be administered at a time other than the regularly scheduled class hours provided students are notified in advance in the Schedule of Courses and in the course syllabus. Examinations given at a time other than the regularly scheduled class hours may not be scheduled to begin earlier than 6:00 p.m. and may not occur on Saturday or Sunday. (See 8.39.10)


Finals

8.51.16 All final examinations, with the exception of take-home examinations, shall be administered during the final examination period and in accordance with the final examination schedule prepared and distributed by the Office of Enrollment Services. A faculty member cannot change the date, time or place of a scheduled final examination without the approval of the Office of Enrollment Services. In courses where no final examination is to be administered, a faculty member cannot administer any other examination during the last five days that classes are in session; instead, he or she must administer that examination according to the final examination schedule. In courses where a faculty member wishes not to administer an end of the semester examination, or instead wishes to administer a take-home final examination, then that faculty member must seek a waiver from the original schedule through his/her department chairperson or immediate academic supervisor so that the Office of Enrollment Services is made aware of the room vacancy.

8.51.17 All work for courses, including term papers but excepting the final examination, shall be completed by the final class meeting. Instructors shall inform students in writing within one week after the beginning of the class of the criteria upon which grades will be determined including such information as the number and types of tests which will be given, the number and types of papers which will be assigned, the weight of homework assignments, etc. With appropriate written notification, these criteria can be changed by the instructor during the semester.


Grades

8.53.10 Grades. Student grades are defined as follows:

A - Superior
B - Good
C - Fair
D - Low Grade, Passing
F - Failure
I - Incomplete
S - Satisfactory, course taught on S-U basis
S* - Satisfactory, course taken by a graduate student under Pass-Fail grading option
U - Unsatisfactory, course taught on S-U basis
U* -Unsatisfactory, course taken by a graduate student under Pass-Fail grading option
P - Passing, course taken under the Pass-Fail option
NW - Enrolled, no work submitted
NR - Enrolled, no grade reported

8.53.11 Grades shall be given quality point values as follows:

A = 4.00 points
A- +3.70 points
B+ = 3.30 points
B = 3.00 points
B- = 2.70 points
C+ = 2.30 points
C = 2.00 points
C- = 1.70 points
D+ = 1.30 points
D = 1.00 points
F = 0 points
U = 0 points
U* = 0 points

8.53.12 Enrolled - No Work Submitted. In those instances when a student enrolls in a course through the registration process and (1) never attends the course, or (2) stops attending early in the semester, the instructor may record a grade of NW, no work submitted. The grade will not affect the student's attempted or earned credits and will have no effect on a student's GPA.

8.53.13 Enrolled - No Grade Reported. Assigned by Enrollment Services when instructor does not submit grade. (See 8.54.12).

8.53.20 Incomplete. A student shall receive a report of "Incomplete" in any course in which the course work has been passing up until the time of a documented precipitating incident or condition, but has not been completed because of illness or another reason which in the opinion of the instructor justifies the report. An instructor who issues a grade of "Incomplete" shall forward a written explanation to the student's academic dean.

8.53.21 The student receiving "Incomplete" shall make necessary arrangement with the instructor or, in the instructor's absence, with the instructor's chairperson to remove the deficiency. This arrangement shall be made prior to the following midsemester for the undergraduate student and within one calendar year for the graduate student.

8.33.32 Students may exercise a Second Grade Option by repeating a course in which the student earned C-, D+, D, or F. Only courses that fall within the student's first 30 credits taken at the University may be selected for this option. Students must exercise this option no later than the next two semesters for which the student registers after completing thirty credits. Transfer students may exercise the Second Grade Option for courses taken during their initial semester at the University. This option must be exercised during the next two semesters for which they register after their initial semester. When a student exercises the Second Grade Option, only the grade earned when the course is repeated will be used in the calculation of a student's QPA and only the credits earned for the repeated course will apply toward the graduation requirements. All grades earned for a given course shall remain on a student's permanent academic record. Students who wish to take advantage of this Second Grade Option must obtain approval from their academic deans and submit the appropriate form to the Office of Enrollment Services prior to midterm of the semester in which the course is being repeated. The Second Grade Option may be used only once per course.


Records

Instructors' Records

8.52.20 Instructor's Records. Instructors shall keep accurate records of all marks which are used in determining a student's grade and shall retain such records for at least two semesters from the date on which the grade was submitted. Instructors, teaching assistants, etc., who are going on leave or who are leaving the employ of the University shall deposit copies of such grading records in departmental (or college) offices.

8.52.21 All papers, exams, reports, etc., submitted by students in fulfillment of course requirements and not returned to students shall be retained by instructors for at least two semesters not including summer sessions) after the end of the semester in which the items were submitted. Unless informed otherwise in writing, students shall normally have the right to examine such exams and papers, etc., under conditions and stipulations determined by the course instructor.

Student Records

8.54.20 Reporting of Records: Academic Progress for Freshmen . Reports of S (Satisfactory), S- (Marginal), or U (Unsatisfactory) shall be made to the Office of Enrollment Services on the prescribed forms not later than mid-semester. The Office of Enrollment Services will prepare for the appropriate instructor a roster listing every properly registered freshman student in every section. The instructor shall submit a report to the Office of Enrollment Services for each student whose name appears on the roster. These reports will be mailed by the Office of Enrollment Services to the students' local address with a copy forwarded to University College. These reports are intended to alert students to their academic status and to aid in advising, but will not become part of the students' permanent academic record nor figure in their quality point average.

8.55.10 Failure in Courses. Failures shall be included in the computation of quality points. A failed course or one in which a C- or any D was earned by an undergraduate student may be repeated. The original grade shall be included in the calculation of the student's QPA unless the course is repeated under the specific conditions of the Second Grade Option defined in 8.33.32.

8.55.11 A student may repeat a failed elective course but is not required to do so.

8.56.10 Changes in Records. No grade (including that of NW) shall be changed after it has been reported to and recorded by the Office of Enrollment Services except in the following circumstances. First, a grade may be changed upon written request by the instructor. Second, following an appeals case an instructor's department chairperson or immediate administrative supervisor shall act on the advice of the appeals committee (see 8.26.13) and change a grade over the instructor's objection. Third, in the event that the original instructor can no longer be consulted (e.g., having died or moved to an unknown address), the instructor's chairperson/supervisor can act in the missing person's stead and initiate a grade change, including the removal of inappropriate NW grades. This shall only happen, however, if an appeals committee has recommended such action in writing. All grade changes must be authorized by the appropriate dean. Entries to a student's academic record shall not be changed after two years for the undergraduate student and after three years for the graduate student. (See sections 8.26.10 through 8.26.13 for appeals procedures.)

8.56.11 The removal of an "Incomplete" as a result of a special examination or the completion of other work shall be reported to the Office of Enrollment Services within 72 hours after such examination or completion (see 8.53.20).

8.56.12 Grade changes for grades received before graduation will not be permitted after graduation unless the change is based on clerical or procedural errors and the change is received and posted to the student's record by the last day of classes of the semester following the term in which the student graduates.

6.12.21 The University maintains student records primarily for educational purposes, although student records are maintained for other purposes such as health and employment. Procedures for the release and disclosure of student records maintained by the University are in large measure governed by State and Federal laws. Guidelines incorporating the requirements of the Federal Family Educational Rights and Privacy Act of 1974 are published annually in the student handbook.


Registration

8.33.10 Registration Procedures. No student shall begin a course unless officially registered for that course. A student's registration for a course is not official until the appropriate registration form is filed in the Office of the Enrollment Services. A grade may not be received for a course for which a student is not officially registered as of the last day of classes for a semester. If specified conditions of enrollment are not met, the Director of Enrollment Services may be requested to cancel a student's registration.

8.33.11 No course shall be added to a student's schedule after two weeks from the beginning of a semester. Courses offered by the Feinstein College of Continuing Education may be added with the approval of the instructor prior to the third class meeting or by the prescribed University deadline, whichever is greater.

8.33.12 The Director of Enrollment Services shall not register in the University College a student with more than seventy-five (75) credit hours and at least a 2.00 quality point average (QPA).

8.33.13 Students not attending courses in which they enrolled have the obligation to drop those courses before the drop deadline. Names of students who are absent from the first and second class meetings of a course and who do not notify the course instructor of their intention to attend future class meetings may be submitted by the course instructor and/or the department chairperson to the Office of Enrollment Services for deletion from the class roster. If the instructor does not exercise this option, the student remains enrolled in the course unless s/he drops it through regular procedures. #00-01-12

8.33.20 Late Registration Fee. A late registration fee shall be charged unless excused by the Director of Enrollment Services.


Student Conduct

9.18.10 Community Standards of Behavior and University Policies for Students. Students and student groups are required to comply with regulations as published in the student handbook.

9.20.10 Disciplinary Action may be implemented only through referral of violations to the Office of Student Life, the Office of Campus Life, or the Office of Housing and Residential Life. Infractions of community standards and University policies shall be reported in a timely manner to the appropriate office by the campus police or by local police departments, by other students, or by faculty or staff. In all cases, the available facts shall be gathered from the accuser (the reporting agency or complainant), and a careful evaluation of these facts, as well as of the dependability and character of the person(s) reporting them, shall be made. If corroboration of the information presented is deemed necessary, further inquiry and investigation shall be undertaken. If, at this point, in the judgment of the investigating authority, there is insufficient evidence of a violation, or the case lacks merit, a decision not to refer the matter to the conduct system may be made.

9.21.10 Procedures for Cases of Violations of Community Standards of Behavior and University Policies. In cases in which the investigating authority decides that there is evidence of a violation which warrants referral to the conduct system, the student shall be notified in writing of the charges.

9.21.11 Charge Letter. The notification to the student shall include a description of the alleged offense, the date and the location at which the conduct is said to have occurred, as well as reference to the student handbook section that is alleged to have been violated, a statement of the sanctions recommended, and an explanation of the options available to the student.

9.21.12 Response Letter. Within two working days of receipt of the written charges, the accused student shall respond in writing. The response deadline shall be extended if in view of the investigating authority, there are good grounds for such an extension. In his or her response, the student shall choose one of the following options: (1) Acceptance of responsibility for the alleged conduct as well as of the sanctions recommended; (2) acceptance of responsibility for the alleged conduct, but not of the sanctions recommended; and (3) denial of responsibility for the alleged conduct. If the student denies responsibility, the student's response shall also indicate his or her preference as to whether the case should be disposed of through an administrative hearing, or through a hearing before a hearing panel.

9.21.13 Mode of Resolution under Various Conditions. If the accused student accepts responsibility as well as the sanctions recommended, the case shall be considered as resolved, and a decision letter shall be written to confirm the decision. If a student accepts responsibility but does not accept the sanctions recommended, the case shall be referred to a hearing before a hearing officer, unless the nature of the infraction is such that a mandatory sanction is attached to it, in which case the student's acceptance of responsibility shall resolve the matter. If the accused student denies responsibility, the case shall be referred to a hearing.

9.21.14 Types of Hearings. Hearings may either be before an administrative officer from one of the three offices charged with responsibility of participating in the administration of the student conduct system (see 9.20.10), or before a hearing panel. They shall be known as administrative hearings and panel hearings, respectively.

9.21.15 Administrative Hearings shall be conducted (1) if a charged student fails to respond to a charge letter within two working days; (2) if the hearing concerns the sanctions only; (3) if a student requests an administrative hearing; and (4) if in the judgment of the Office of Student Life, scheduling 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.

9.21.16 Panel Hearings shall take place if an accused student denies responsibility for the alleged violation, requests a panel hearing, and none of the conditions making an administrative hearing necessary and/or appropriate (see 9.21.15) apply. Panel hearings shall normally take place before panels drawn from the conduct Board (see 5.19.10-21). When the situation warrants it, however, the Office of Student Life shall have the authority to establish special hearing panels.

9.21.17 Procedures for Panel Hearings. If the accused student requests a panel hearing, and the Office of Student Life concurs with this request, every effort shall be made to hold a hearing before the appropriate panel within 20 class days from the date the student furnishes his or her written response to the charge letter. The accused student shall receive written notification of the place and time of the hearing at least 72 hours in advance of the hearing. The notification shall also identify the panel members. A staff member from the Office of Student Life shall be available prior to the hearing at the request of the student to advise him or her regarding the alleged violation and procedural matters. The student may challenge the participation of (a) panel member(s) for good cause, provided this is done at least 48 hours in advance of the hearing. Hearings shall be closed.

9.21.18 Information to Panel, and Disqualification of Panel Members. Each panel member shall be informed of the student's name and charges at the time of the hearing. Any panel member may disqualify himself/herself, and either party to the case may be permitted to disqualify a prospective member if s/he can satisfy the remaining members of the board that there is good cause for disqualification. If alternates for disqualified panel members are available, these alternates shall take the place of the disqualified members. If it is not possible to replace a sufficient number of disqualified members to maintain the panel composition as stipulated in 5.19.20, the hearing may proceed only with the agreement of the charged student.

9.21.19 Advisor to the Student. During the conduct process, including at all hearings, the student shall have the right to the assistance of an advisor of his/her choice from the University community. The advisor may not serve as a witness, or be a party to the case. The purpose of the advisor is to assist the student, not to present a defense or to speak in place of the student. Neither party shall be permitted to employ professional legal counsel or other persons from outside the University community to present the case before the board or advise the student during the hearing. When a concurrent criminal charge is pending against an accused student, however, the student's legal counsel shall be allowed, upon the student's request, to provide passive assistance to the student at the hearing.

9.21.20 Panel Advisor. All panels shall have an advisor appointed by the Office of Student Life who shall be present during all stages of the conduct process, including hearings and deliberations, except during the closed panel session determining whether or not the accused student is responsible for the alleged conduct. Responsibilities of the panel advisor shall include: (1) advising the panel regarding the requirements and provisions of substantive and procedural due process; (2) serving as a resource person concerning an accused student's past history of involvement in the discipline system if any; (3) providing continuity in panel operations and procedures; (4) facilitating the implementation of conduct procedures at all levels of the conduct system; (5) acting as a liaison between panels and the University community; (6) assisting the panel in fulfilling its educational responsibility; and (7) preparing a written record of each hearing which is to include a summary of the testimony and evidence presented, and a statement of the decision reached. The individual who serves as panel advisor shall not be the person who conducted the original investigation as described in 9.20.10 and 9.21.10.

9.21.21 Presence of Accused, Oaths, Burden of Proof, and Standards of Proof. The accused must be present at the hearing (except as provided in 9.21.26). S/he may present evidence and introduce witnesses. No oaths shall be requested or allowed and the technical rules of evidence applicable to civil and criminal cases shall not apply. The charging official and the chair of the panel will work to eliminate preconduct 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. When the charged student denies responsibility, the burden of proof shall rest upon the person(s) bringing the charges. The standard for this proof shall be clear and convincing evidence.

9.21.22 Right to Question Witnesses, Right to View Evidence, and Rules for Written Testimony. The accused student shall have the right to question the complainant and all witnesses, and to view and question all evidence presented to the panel during the hearing. Written testimony from absentee witnesses may be received for consideration only if the panel advisor and its chair deem it appropriate. If the panel advisor and the chair disagree as to the admissibility, they shall refer the matter to the panel for disposition. The authorship of such testimony must be verified by certification from a notary public.

9.21.23 Findings. Upon completion of the hearing, the conduct board shall make one of the following decisions: (1) a finding that the accused is not responsible for the alleged conduct; (2) a finding that the accused student is responsible for the alleged conduct, and a determination of the penalty; (3) dismissal of the charges due to lack of evidence; or (4) continuance of the case for the purpose of obtaining additional information or of providing for further consideration. Decisions shall be based only upon evidence and testimony introduced at the hearing. All decisions shall be made by a majority vote. The panel chair shall have the right to vote in all matters.

9.21.24 Written Notification of Findings. As soon as reasonably possible after the finding is reached, the accused student shall be notified in writing of the decision(s) made.

9.21.25 Procedures for Administrative Hearings. Administrative hearings shall follow the applicable procedures set forth for hearings before hearing panels. All tasks which the panel hearing procedures assign to the panel chair and/or the panel advisor shall, in the case of an administrative hearing, devolve to the hearing officer. The charged student shall have the right to challenge the assignment of the case to a particular hearing officer. Such a challenge shall follow the procedures established, under the panel hearing procedures, for challenging a panel member.

9.21.26 Attendance Requirement at Hearings. Charged students are required to appear for scheduled hearings. Failure to do so normally causes the case to be heard in the student's absence. However, a student shall have the right to one rescheduled hearing if the scheduled time causes undue hardship.

9.21.27 Continuance of Disciplinary Proceedings. If a student withdraws or is academically dismissed while charges are pending, disciplinary procedures may be continued or discontinued at the discretion of the Dean of Students. 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.

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 scool is in session. Pending charges may be discontinued thereafter depending upon the good conduct of the accused student.

9.21.29 Appeals Procedure. When a hearing panel or hearing officer recommends conduct sanction, the accused student shall have the right to appeal the decision to the University Appeals Board (5.20.10-12). Such appeal requests, which must be presented in writing, shall be based only on evidence of fraud, denial of rights, procedural error, or on the claim of new evidence which was not available at the hearing, and which would have materially affected the decision of the hearing panel or officer. Following a hearing, a complainant has the right to submit an appeal request to the University Appeals Board based on new evidence (as described above). Appeal requests must be filed with the Dean of Students within one week of receipt of the letter informing the accused student that a conduct sanction has been recommended. Extensions to the deadline for filing appeal requests may be granted for good and sufficient reason by the Dean of Students. If the Appeals Board determines that a written request for appeal has merit, it shall rehear the case, or the portion of the case relevant to the appeal. Upon completion of the appeal hearing, the Appeals Board may either uphold the original decision and sanction, or adjust the original decision and/or sanction. Following action by the Appeals Board, the case shall be forwarded to the President or the Dean of Students, as appropriate.

9.21.30 Students who obtain information at their hearing which might lead to new evidence shall ask for a continuance of the case at that time rather than wait to raise the matter for the first time as the basis for an appeal request.

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 six years after the date of the action. Records of unresolved incidents shall be reviewed annually starting with the 6-year anniversary. The Dean of Students shall decide whether or not to destroy such a record or keep it for another year. Records of permanent dismissal shall be retained permanently. Access to such records is governed by the University Policies for the Release and Disclosure of Information from Student Records (see section 6.12.21).

9.22.10 Range of Conduct Action. Actions which may be taken as a consequence of violations shall range from no further action to dismissal. Conditions may be attached to the action depending upon, and appropriate to, the nature and severity of the violation, the degree to which the student has participated or been involved, his/her motivations and intent in connection with the infraction, and any record of past violations as well as a consideration of all facets of the specific situation. Actions listed in Sections 9.22.11 through 9.22.16 shall not take effect until approved by the Dean of Students.

9.22.11 No Further Action. 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.

9.22.12 Warning. In instances of minor violations, the student may be warned in writing of the possible consequences of continuing such behavior. Additional conditions may be applied as appropriate.

9.22.14 Residence Probation. A student who is placed on residence probation is not in good standing with his/her living unit for a specified period of time, and conditions may be placed on his/her actions. The status of residence probation reminds the student that his/her infraction has become part of his/her record and that repetition of similar or other unacceptable behavior may be cause for removal from the living unit.

9.22.15 Removal from Living Unit. This action precludes either the student's continued residence in a particular living unit or in any campus living unit. Such action is normally be taken after one serious violation or repeated minor violations related to the living unit environment.

9.22.16 Disciplinary Probation. A student who is placed on disciplinary probation is permitted to remain enrolled at the University under certain stated conditions, depending upon the nature of the violation and the potential learning value that may be derived from such conditions. The probation usually extends over a stated period, during which it is clearly understood that the student is subject to further disciplinary action, including suspension or dismissal, if he/she violates the terms of the probation or in any way fails to conduct himself/herself as a responsible member of the University community. Probation is a final warning to the student to help him/her reevaluate his/her behavior.

9.22.17 Suspension is an involuntary separation of the student from the institution. Suspension differs from dismissal because it implies and states a time limit when return will be possible. Suspension may extend for a semester, for a specified period, until a specifically designated date, or until a stated condition is met. Such action does not take effect until approved by the President of the University.

9.22.18 Dismissal is the permanent involuntary separation of the student from the institution. Such action does not take effect until approved by the President of the University.

9.23.10 Emergency Suspension. Pending final action on violation of University regulations, the status of a student shall not be altered or his/her right to be present on the campus and to attend classes suspended, except for reasons of imminent danger to his/her physical or emotional safety or well-being, or for reasons of imminent danger to the safety or well-being of the University community. The decision to separate a student from the campus under these conditions shall be made only with the approval of the Vice President for Student Affairs or the President. The Chairperson of the Faculty Senate, the President of the Student Senate, and the President of the Graduate Student Association shall be notified in writing by the Office of Student Life about the general situation giving rise to the suspension; the identity of the suspended student shall, however, not be revealed to these officials. If a student is separated from campus under this authority, the procedures outlined in 9.21.10-30 shall be implemented only if the suspended student requests in writing that it be done. If a hearing is requested, every effort shall be made to schedule it within 15 class days after the separation. A student separated from campus by this authority must remain separated until a hearing is held. If more than one semester elapses from the time of the suspension to the time the student requests a hearing, the hearing shall be an administrative one.

9.24.10 Jurisdiction of the Student Discipline System over Off-Campus Conduct. Off-campus conduct shall be subject to the jurisdiction of the Student Discipline System if one of the following conditions is met: 1) an infraction of a community standard of behavior as listed in the STUDENT HANDBOOK occurs at: a) an official University event, such as a field trip; b) a University sanctioned event as defined in Section 8.51.12 of the UNIVERSITY MANUAL; or c) an event sponsored by a recognized student organization, fraternity or sorority; or 2) an off-campus action performed by a person while he or she is a student is of a nature such that it would be subject to the Student Discipline System if it had occurred on campus, and the nature and circumstances of the infraction provide reasonable grounds for believing that the alleged offender posed or poses a threat to life, health, or safety of the University community, or to University property the safety of self or others or if the alleged offender is repeatedly arrested or cited for violating local, state or federal laws. The decision to apply jurisdiction to off-campus conduct shall be made by the Dean of Students.

9.24.11 Appeal on the Issue of Off-Campus Jurisdiction. If a student is accused of an off-campus offense under subsection 2 of Section 9.24.10, and if the representative of the Office of Student Life determines that there is cause for presenting the matter to the Student Discipline System, the student shall have the right to dispute the jurisdiction of the Student Discipline System. Such an appeal must be filed in writing with the Office of Student Life not later than three days after notice of the Office of Student Life decision that the student be charged. The appeal shall be presented to the Assistant Vice President for Campus Life for disposition of the issue of jurisdiction. The decision on jurisdiction arrived at by the Assistant Vice President for Campus Life shall be final. When an affirmative judgment on jurisdiction has been reached through this procedure, the student shall still have the right to accept or deny responsibility for the conduct in question.

9.25.10 Mediation. When there is an apparent violation of community standards or University policies for students, the incident may be adjudicated through a formal mediation process if formal mediation is acceptable to all of the following parties: (1) the individual(s) allegedly responsible for the violation; (2) the complainant (student, staff or department reporting the violation), and (3) the Office of Student Life. Mediation shall be conducted by a trained University staff member approved by the Office of Student Life. Mediation requires the cooperation of all parties to resolve a problem. The process is to result in a written document agreed to by all parties. The written agreement shall be kept on file in the Office of Student Life. Should Mediation fail to result in an agreement, or should a party fail to abide by an agreement, formal disciplinary proceedings shall then be initiated.