Article X - Judicial Proceedings

  1. Any member of the university community may file a complaint against any student for misconduct. Such complaints shall be prepared in writing and directed to the office of Dean of Students (DOS). Any complaint should be submitted as soon as possible after discovery of the alleged misconduct, preferably within thirty days. DOS may investigate to determine if the complaint has merit. [ed. 8-07]
  2. DOS, or its representatives, may file charges on behalf of the university against a student accused of violating the Student Code of Conduct. In no event shall DOS file charges more than one year after DOS has discovered the alleged misconduct, although the summons can be served after the one year period if the charges were filed within the one year period. [ed. 8-07]
  3. All charges, including amended charges, shall be presented to the accused student in writing. The accused student shall be deemed to have been “notified” of the charges, amended charges, notice of the hearing date and any changes in the hearing date, by any of the following methods:
    1. hand-delivered notice; or
    2. proof of the mailing of a certified, registered letter containing such information, sent to either the campus address or the home address that the student provided the university registrar in the student‟s registration documents; or
    3. if receipt for the certified, registered letter is not returned with a signature within three weeks, then the accused student may be notified by proof of the mailing of a certified, nonregistered letter to the student‟s campus or home address; and the hearing date shall be set not less than five nor more than fifteen calendar days after the last date that the postal service attempted to deliver the certified, nonregistered letter.
  4. A disciplinary hearing may be waived and informal disposition of disciplinary action may be made by an agreed settlement, in writing, between the student charged with code violations and the dean for Dean of Students or the dean‟s designee. The sanctions imposed in the agreed settlement will be effective upon signature of the parties, do not depend upon the approval of the UJC, and shall have full force and effect as if the sanctions had been imposed by the UJC. The Dean of Students shall, on a regular basis, inform the UJC of the agreed settlements entered into with students during the academic year. [ed. 8-07]
  5. A student suspected of violating this code shall be informed of the right to remain silent. This information shall be provided in the notice of the charges, in any summons, at any meeting with DOS, and at any hearing conducted by the UJC. [ed. 8-07]
  6. The disciplinary hearing shall occur not less than five nor more than fifteen calendar days after the accused student has been notified in writing of all charges, including amended charges. Maximum time limits for scheduling of hearings may be extended at the discretion of the Dean of Students, or the dean‟s designee, as long as the hearing will be prompt. The accused student and DOS may agree to a specific hearing date. The accused student may waive his or her right to a prompt hearing. The accused student may request the chairperson of the UJC to reschedule the hearings. [ed. 8-07]
  7. Hearings shall be conducted in private unless the student charged with the violation states on the record that he or she wishes the disciplinary hearing to be public. The student charged with the violation can request the chairperson of the UJC to order that the disciplinary hearing be open only to specified members of the public. Otherwise, the only persons permitted to attend the “private” hearing will be the members of the UJC, the Dean of Students and/or the dean's designee, the university counsel or the university counsel‟s designee, the party bringing the charges against the student, the accused student, the accused student‟s advisor, and witnesses. Although the student charged with a violation has the right to a public hearing, the chairperson of the UJC has the discretion to refuse to admit to the hearing any person whose conduct interferes with the hearing. Any party can request that witnesses be removed from the hearing when they are not giving testimony. In hearings involving more than one accused student, the chairperson of the UJC has the discretion to permit the hearings concerning each student to be conducted separately. [ed. 8-07]
  8. The university, if it is filing charges against the student, may be represented by any advisor it chooses. The student charged with the violation has the right to be assisted by any advisor he or she chooses at his or her own expense. The advisor may be an attorney. The advisor will be permitted to speak and to participate directly in the hearing.
  9. The accused student, the party filing charges against the accused student, and the UJC shall have the right to present witnesses and evidence and shall have the right to be present and hear and question adverse witnesses, as well as the right to object to the admission of testimony and evidence.
  10. Irrelevant evidence is not admissible. All evidence, pertinent records, exhibits, and written statements, as well as copies or recordings of such evidence, may be accepted as evidence at the discretion of the chairperson of the UJC. Hearsay evidence is admissible if it is of the type commonly relied upon by prudent persons in the conduct of their affairs.
  11. All questions of procedure and evidence are subject to the final decision of the chairperson of the UJC.
  12. Generally, the hearing shall be conducted in the following order:
    1. The chairperson of the UJC shall determine whether the accused student has requested a public or a private hearing, shall state for the record the names and roles of the persons present at the hearing, and shall remind the accused student of the right to have an advisor, of the right to refuse to testify, and that the refusal to testify shall not be considered as evidence against him or her. [See 2200.]
    2. The party filing charges and the accused student shall have the opportunity to present opening statements in which they summarize the evidence they intend to present to the UJC.
    3. The party filing charges shall present its evidence first, and the accused student shall have the right to present his or her evidence afterwards.
    4. Following the presentation of evidence the party filing charges shall have the opportunity to summarize the evidence presented. Afterwards, the accused student shall have the opportunity to summarize the evidence presented.
    5. After the presentation of evidence and summaries, the UJC shall make its decision in a closed session.
  13. The UJC shall determine by majority vote whether the student has violated each section of the Student Code of Conduct which the student is charged with violating. The chairperson of the UJC, or the designee in the event of absence of the chairperson, is permitted to vote only in the event of a tie ballot. The burden of proof shall be upon the party 20 bringing the charges against the accused student. The UJC‟s conclusion shall be made on the basis of whether it is more likely than not that the accused student violated a specific provision or provisions of the Student Code of Conduct.
  14. If the UJC concludes that the accused student did violate a provision or provisions of the Student Code of Conduct, the UJC must state in writing the facts, conduct, or circumstances it has found to support its conclusion. These “findings of fact” must be based exclusively upon the evidence and testimony properly presented to the UJC and upon facts that are universally regarded as true. The UJC shall inform the parties in writing of its “findings of fact,” its conclusion that the student has violated the Student Code of Conduct, and the right of the student to appeal the decision of the UJC.
  15. The UJC shall maintain a single verbatim record, such as a tape recording, of all hearings. The record shall be the property of the university.
  16. The failure of an accused student to appear at a hearing after notification is neither an admission nor evidence as to the charges. No accused student may be found to have violated the Student Code of Conduct solely because the student failed to appear before the UJC. [Failure to appear after being summoned may be a separate violation of the Student Code of Conduct; see below.] If the accused student fails to appear at the hearing after proper notification, the party filing charges against the accused student shall present the evidence in support of the charges, and the UJC shall conclude based on the evidence whether it is more likely than not that the accused student had violated the Student Code of Conduct. If the UJC concludes that the student had violated the Student Code of Conduct, the UJC shall inform the parties in writing of its conclusion, its “findings of fact,” and the right of the student to appeal the decision of the UJC.
  17. Failure to comply with any procedural rule may render invalid the decision of the UJC if such failure materially prejudiced the rights of a party.
  18. All members of the university community are encouraged to assist the parties and the UJC in determining whether the accused student violated the Student Code of Conduct. The chairperson of the UJC, or the chairperson‟s designee, shall have the authority to issue a summons commanding a student to appear at a hearing and to testify. Such a summons may be requested by any party to the hearing or by any member of the UJC. The summons may be served either by hand-delivery or be certified, registered mail sent to the campus or the home address that the student provided to the university registrar. The summons shall inform the student that it is a violation of the Student Code of Conduct to fail to appear or to refuse to testify, unless such testimony would force the student to testify against himself or herself.
  19. It is a violation of this code for a student to fail to appear at a hearing after proper service of a summons to appear. It is also a violation of this code for a student to refuse to give testimony at a hearing after proper service of a summons to appear, unless such testimony would force the student to testify against himself or herself. It is a violation of this code to knowingly disrupt, impede, threaten, or disregard the lawful procedures or sanctions of the UJC. It is a further violation of this code to knowingly provide false information to the UJC.