Progressive Processes
If the University Hearing Officer is considering disciplinary actions, which, if proven, will not result in suspension or expulsion, the University Hearing Officer shall follow a process, which should be followed by all of those in the university who have authority to discipline students.
The student will be clearly advised of the allegation of misconduct and will be asked if the student admits or denies the charge. If the student admits the charge, the university official will determine the disciplinary action to be taken. In the case of appeal, the University Hearing Officer will evaluate the discipline taken.
If the student denies the charge, the university official will afford the student a hearing, consider the evidence, including the evidence and testimony produced by the student, determine from the preponderance of the evidence the student's guilt or innocence, and, if guilty, consider in light of all relevant matters an appropriate penalty. When considering an appeal, the University Hearing Officer may confirm, modify, or reverse the disciplinary penalty being appealed and may do so based on the evidence already gathered, or may conduct a hearing before acting.
If the University Hearing Officer is considering disciplinary actions which, if confirmed, may result in suspension or dismissal, the University Hearing Officer shall provide the student with a written and timely notice of charges against the student, and the possible consequences. The student shall be afforded an opportunity to admit or deny the charges, to present all relevant evidence at a hearing, to challenge adverse testimony and evidence, to speak in his or her own behalf, to call witnesses, and to be accompanied by and to receive counsel from a student, faculty, or staff advisor of his or her own choosing who is willing to participate and who has not had legal training.
The decision of the University Hearing Officer on appeals is final unless the President chooses to review the matter.
Counseling, Evaluation, and Treatment Programs
In some cases of misconduct, such as those committed under the influence of alcohol, or acts of violence or harassment, participation in an evaluation and/or treatment program by an approved counseling service, at the student's expense, may be required as part of a sanction. Such treatment may also be a condition of readmission to the university or a condition for remaining in the university.
Extraordinary Circumstances
Normally, sanctions are not implemented until disciplinary processes and appeals have been completed. However, notwithstanding any provision to the contrary, the President, the University Hearing Officer, or the Executive Director of Student Life may impose an immediate emergency suspension from residence or academic status when, in the judgment of the officer such action appears necessary for reasons relating to a student's physical or emotional safety and well- being or the safety and well-being of a member of the university community or of university property or the property of members of the university community. Or the officer may impose an immediate interim suspension when it appears necessary to deal with a continuing disturbance, a forcible interference by students with any university activity or free movement of any members of the university community. A suspension may be lifted by the officer imposing it, at the officer's initiative or upon appeal for reconsideration by the student.
Presidential Hearing
Notwithstanding provisions of policy to the contrary, when the President, in the President's sole judgment, believes that a student may have committed an act of misconduct that is so grievous that the reputation of the university may be damaged as a result, the President may convene a hearing with the accused student and may, based upon the evidence elicited at the hearing, impose sanctions against the student, including suspension and dismissal. The President shall give the student notice of the alleged misconduct, the date, time, and place of the hearing, and such other procedural information as deemed appropriate by the President. Based upon the evidence and testimony, the President shall decide if the student is guilty of misconduct and if so, the President shall impose a sanction, which is appropriate in the President's sole judgment. The student's absence at the hearing or refusal to cooperate may not frustrate the President's power.
The decision of the President in this and any other disciplinary action which reaches the President on appeal is final.
Violation Motivated by Hate or Prejudice
A student will be more severely penalized for violations of student regulations and expectations when it is determined that the violation was motivated in part by prejudice toward the victim or hatred of the victim because of the perception that the victim is of different race, sex, religion, color, national or ethnic origin, age, disability, or veteran's status.
Privacy
Investigations, procedures, hearing and sanctions are not made public, and officers and employees of the university shall hold these matters in confidence and reveal them to other university officers and employees only on a need-to-know basis and to others only when legally required to do so. An exception to this policy may occur only upon the decision of the President.
Criminal Prosecutions
The university may refer to law enforcement authorities' evidence or suspicion of a student's illegal conduct. The outcome of a criminal or civil proceeding is not dispositive of the question of whether the student violated university rules, regulations and expectations.