The accused student or organization has the right to appeal decisions which result in suspension, expulsion, and/or charter revocation through the formal hearing process in writing to the student conduct administrator within three business days of the outcome notification of the hearing. The student conduct administrator will forward written appeals to the appropriate vice president or provost or his/her designee. The individual reviewing the appeal will notify the student or organization via email of his/her decision.
Appeals must be based on one of the following circumstances and should be addressed in written appeal:
- Procedural errors – when the published procedures of the conduct process were not followed and the errors violated the student’s or organization’s rights.
- Substantive errors – when the evidence presented at the hearing was not sufficient to justify the decision reached or if the sanction(s) imposed is (are) unreasonably harsh based upon the circumstances of the case and the prior record of the student or organization.
- New evidence – when information, existing at the time of the hearing, was not available or known at the time of the hearing.
Students who are victims of sexual misconduct have the same appellate rights and should follow the same process.
Written appeals will be reviewed along with the record of the original proceedings.
A student who is appealing has the right to attend classes and university functions until he/she is notified of the appeal decision. Exceptions would be made when the student’s presence would create a clear and present danger of material interference with the normal operation of the university. In such cases, the university may impose temporary protective measures, including interim suspension, pending a hearing.
A student and/or organization may appeal to the president only if an appeal has been made through the VPSA and the sanctions of suspension, expulsion, and/or removal of charter have been upheld.
A review by the president is not considered a matter of right, but is within the sound discretion of the president. This is the final appeal at the institution and, if applicable, all imposed sanctions take effect after the president issues his/her decision.
The following are possible disciplinary sanctions that may be imposed upon a student for an infraction of the student code of conduct. This list is not exhaustive and may be modified to meet particular circumstances in any given case.
- Expulsion—Permanent, forced withdrawal from the university constitutes the maximum disciplinary penalty. Although expulsion may be imposed on the first offense, it is usually administered after other methods of discipline have been exhausted.
- Conduct Suspension—Forced withdrawal from the university for a specified time. Suspension is for a period of not less than one full semester. During any period of suspension or withdrawal associated with conduct reasons, a student may not visit the campus for reasons other than clarification of academic or conduct record. A student will be placed on conduct probation for at least one year following their suspension.
- Conduct Probation—Notice to the student that any further conduct violation may result in suspension or expulsion. Conduct probation might also include one or more of the following: the setting of restriction, the issuing of a reprimand, or restitution. Conduct probation can affect the students' ability to participate or hold office in certain student organizations and/or university activities.
a. Oral Reprimand—an oral disapproval issued to the student.
b. Written Reprimand—a written statement of disapproval to the student.
a. Exclusion from participating in university activities and/or university organizations
b. Limiting university privileges including, but not limited to, residence hall visitation, driving/parking on campus and access to university facilities
6. Restitution—Reimbursement for damages or loss of property
7. Educational—Work or service assignments or other related educational assignments
8. Forced withdrawal—From the academic course within which the offense occurred.
9. Change in course grade—This sanction may be imposed only for cases involving a violation of academic integrity as noted in section 1.00.This recommendation must be approved by the provost.
10. Removal from an academic program or experience—This recommendation must be approved by the provost.
The following are possible disciplinary sanctions that may be imposed upon a student organization for an infraction of the student code of conduct. This list is not exhaustive and may be modified to meet particular circumstances in any given case.
- Recommendation for charter revocation - An official request to a national office that the local chapter’s charter be revoked.
- Revocation of university recognition - Permanent severance of the organization’s relationship with the university.
- Suspension of university recognition - Temporary severance of the organization’s relationship with the university for a specified period of time. The period of time is to be specified in the decision of the hearing body.
- Restitution - Reimbursement for a loss caused by the organization’s actions.
- Service - Assignment to work a specific number of hours.
- Restrictions - Restriction of some or all of the organization’s activities or privileges, including, but not limited to, social functions and recruitment privileges. Social restrictions placed on organizations may vary, based on the nature of the offense.
- Oral reprimand - An oral statement of disapproval issued to the organization by the hearing body or a person designated by the hearing body.
- Written reprimand - A written statement of disapproval delivered to the organization.
- Probationary status - Probationary status is defined as a period of time during which the organization cannot violate any policies (including those of the university, its national organization, or local governing bodies). Violation of probation will normally result in more severe sanctions.
- Other - Alcohol awareness programs, risk management programs, etc.
Upon receiving a report indicating any of the conditions warranting interim suspension exist, and upon an evaluation of the reliability of that report, the vice president for student affairs or designee will immediately notify the student or organization in writing of the interim suspension.
The vice president for student affairs or designee, may impose an interim suspension of a student or organization until a decision regarding the allegation(s) is made, or until given further directions by the student conduct administrator. A student suspended on an interim basis may request within five business days from the effective date of the interim suspension an opportunity to appear before the vice president for student affairs or designee. Interim suspension is utilized to ensure the safety and well-being of members of the university community or property, or if the student or organization poses a definite threat of disruption of, or interference with, the normal operations of the university.
During an interim suspension, the student or organization shall be denied access to the campus and/or all activities or privileges for which the student or organization might otherwise be eligible. During the interim suspension, the student will be permitted on campus for scheduled meetings with, or meetings approved by the VPSA.