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Procedures for the Resolution of a Violation of the Code of Student Conduct Initiation of Complaints Any person may file a complaint against a student for violation of the Code of Student Conduct with the Office of Student Services on an incident report form available through any security station or a written report or document submitted to the Office of Student Services. The complaint shall contain a brief written statement of the facts relating to the violation. The complaint should be submitted with 72 hours of the violation of the Student Code of Conduct. However, complaints may be submitted up to 90 days from the date of the indicent. After 90 days from the date of the incident, the complaint cannot be reviewed. Review by the Associate Vice President for Student Services The Associate Vice President for Student Services or her/his designee shall review any complaint and shall give the student the opportunity to present his or her personal version of the incident or occurrence before facilitating a resolution or imposing discipline. The Associate Vice President/designee may meet with the student whose conduct is called into question, and the student shall attend such meetings as requested by the Associate Vice President/designee. The student will be notified of all meetings through an official delivery method. Failure to claim the notification will not negate the student’s obligations under this procedure. The student shall be given a copy of the Student Review Board procedures at the time of the conference with the Associate Vice President/designee. If the student fails to schedule and/or attend the conference with the Associate Vice President/designee within ten (10) business days, the Associate Vice President/designee will proceed with the administrative resolution based upon the review of the complaint. The Associate Vice President/designee may at any time temporarily suspend from the University or deny readmission to a student, pending final resolution, when the Associate Vice President/designee, in his or her sole opinion, believes that the presence of the student on campus could seriously disrupt the University; constitute a danger to the health, safety, or welfare of the University, its members, or the student; or when the student’s conduct adversely affects the student’s suitability as a member of the academic community. After review, the Associate Vice President/designee shall have the authority to impose appropriate discipline and/or act on the University’s behalf in facilitating a resolution or refer this matter to the Student Review Board for hearing. The Associate Vice President/designee shall state the proposed resolution in writing. If the resolution involves discipline, the student shall have five days from delivery or seventy-two (72) hours from receipt (whichever is shorter) to accept or reject the proposed discipline by signing the administrative resolution form and returning it to the Associate Vice President/designee. The student's failure to either accept or reject such proposed discipline within the prescribed timeline shall be deemed to be an acceptance, and in such event the proposed discipline shall become final. Appeal to the Student Review Board If the student does not accept the resolution proposed by the Associate Vice President/designee, the student shall have the right of appeal to the Student Review Board. The appeal must be filed with the Associate Vice President/designee within ten (10) business days of rejection of the Associate Vice President/designee’s written administrative resolution. While an appeal of the administrative resolution is pending, the enforcement of the decision under appeal will be enforced until a decision on the appeal has been made. Upon receipt of an appeal for the violation of the Code of Student Conduct, the Associate Vice President/designee shall notify the Moderator of the Student Review Board and provide the student with the Student Review Board procedure. The Moderator shall call a hearing panel on the campus where the incident being reviewed took place. The Hearing Panel will consist of two faculty members, two students and the moderator as chair. If deemed necessary by the Associate Vice President/designee, an alternate panel can be formed during break periods. This panel will consist of appropriate representatives from the University community. The Moderator shall call the panel, chair the hearing, and charge the panel with the review of the appeal. The Student Review Board Hearing Panel will decide whether or not a case warrants a hearing and will either accept an appeal or dismiss it without a hearing. Appeals will be dismissed without a hearing if the panel finds them to be frivolous, inconsequential or otherwise without merit, or if complainants have not followed the proper preliminary steps. In cases involving more than one student which arise out of the same occurrence, the Student Review Board may establish procedures to hear such cases together. However, the Student Review Board shall make separate findings and determinations for each student. The procedures utilized shall provide for a prompt and fair consideration and resolution of the case. Proceedings are not judicial trials and formal rules of evidence shall not apply, but evidence submitted must be material and relevant to the issue under consideration. The Moderator will summarize the evidence brought before the Student Review Board and write the final decision. The decision shall be sent to the student. Appeal to the Provost A decision of the Student Review Board is subject to review only by the Provost or his/her designee. Appeals of the decision of the Student Review Board must be received by the Provost within ten (10) working days after notification of the decision of the Student Review Board. The Provost will examine all the documents relevant to the case and collect additional information if necessary. The Provost will make a determination within fifteen (15) working days of receiving the case materials. The Provost will keep a record of all meetings, conferences, and investigations relevant to his or her determination. The decision of the Provost is final. |
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