Section IV - Disciplinary Hearings and Procedures

  1. “Disciplinary action” is defined as any penalty imposed for misconduct, including cheating and plagiarism. Disciplinary action, except that action necessary to stop a violation, shall not be taken against any student until his or her guilt has been ascertained at a fair and impartial hearing before a body authorized by the faculty for that purpose. Basic requirements of due process and fair play must be observed.
  2. Disciplinary hearings shall be commenced only for alleged violations of regulations that have been properly enacted and that are in force at the time of violation.
  3. Students who are suspected of violations may be questioned, but they must be informed at the beginning of such questioning of the right to remain silent. No form of coercion or harassment shall be used in questioning.
  4. Neither the premises inhabited by student nor their personal possessions shall be searched or seized in violation of federal or state law.
  5. A disciplinary hearing may be waived and informal disposition of disciplinary action may be made by agreed settlement with the student or an order by the hearing board consented to by the student. If the student pleas guilty or fails to appear after receiving proper notice, an appropriate penalty may be imposed.
  6. Except as provided in paragraph5, the student charged with the violation shall: (a) be entitled to prompt hearing, (b) be informed in writing of the specific charges for proposed disciplinary action, (c) be given sufficient time to prepare for the hearing, and (d) state in writing whether he or she wishes the disciplinary hearing to be public or private.
  7. During the disciplinary hearing and except as provided in paragraph 5, the student charged with the violation: (a) may be assisted by an adviser of his or her choice, (b) shall be given the opportunity to testify and to present evidence and witnesses on his or her behalf, (c) shall have the opportunity to hear and question adverse witnesses, (d) must have all testimony or evidence introduced in his or her presence unless he or she refuses to appear or fails to appear after having received proper notice, and (e) shall not be forced to testify against himself or herself and his or her refusal to testify shall not be considered as evidence against him or her.
  8. The hearing board: (a) shall disregard any evidence secured by improper questioning or by illegal search and seizure, (b) shall assume the innocence of the student charged with the violation and shall place the burden of proof upon the party seeking disciplinary action, (c) shall base its findings and decision exclusively upon proper evidence and testimony and upon facts that are universally regarded as true (hearing boards should hear evidence on any disputed points; however, the board may itself take notice of facts that everyone agrees are true; for example, evidence does not have to be introduced to show it was dark if the act in question is clearly shown to have occurred at midnight), and (d) must state its findings and its decision in writing.
  9. A student may be expelled or suspended from UI as a penalty for violating disciplinary regulations only if his or her misconduct seriously and critically endangers the essential operation of UI or the safety of members of the university community. By action of the regents, violations of alcohol related disciplinary regulations may lead to suspension or expulsion even without a showing that the misconduct seriously and critically endangers the essential operation of UI or the safety of members of the university community. (See 2300 XI 10)
  10. No Student shall be tried twice for the same offense within the UI system of disciplinary hearings.
  11. Any party to a disciplinary hearing shall have the right to appeal the decision to the faculty or its duly authorized representative. Subsequent appeals may be taken to the president and to the regents when the president and the regents agree to hear the appeal.
    1. A student found guilty of a disciplinary violation will be entitled to a new hearing if prejudicial error is found on appeal. If the appellate body affirms the action of the hearing body, the severity of the penalty shall not be increased.
    2. Except in extraordinary circumstances, any disciplinary action shall be held in abeyance until appeals have been completed.
    3. Appellate bodies may consider the validity of the regulations under which a disciplinary hearing was held, the compliance of the hearing body with provisions of this statement, and the adequacy of the hearing body’s findings and decision.
    4. Appellate bodies shall establish their own procedures; these must include adequate notice to the parties and sufficient opportunity for the parties to prepare their arguments.