II. Initiation of Disciplinary Proceedings

The Board of Trustees at the December 15, 2004 meeting has approved these policies. They are subject to future revisions and will be reviewed by the Board annually.

Section A: Incident Report

1. An incident report is a written description of an alleged violation of the Code of Conduct. Any member of the University community may report an alleged violation, in writing, to the Judicial Officer or to the Senior Student Affairs Officer.
   
2. Upon receipt of the written incident report, the Judicial Officer or designee will promptly investigate the alleged violation and question persons with knowledge of the incident including the alleged violator.
   
3. Before questioning the person accused of the violation the investigator must inform the person of the nature of the alleged violation.
   
4. If the Judicial Officer finds sufficient reason to make a formal charge against the student, the accused will be notified of the charges in writing (by mail, return receipt requested or hand-delivered) with notice of the commencement of proceedings and a copy of the applicable judicial procedures.
   
5. In cases of an alleged assault, sexual assault or harassment, the Judicial Officer will notify the student making the charge of the options for, and available assistance in, changing academic or housing situations.

Section B: Pre-Hearing Conference

1. After the student has been served the notice of charges, the Judicial Officer or designee may hold pre-hearing conferences with the accused and the person submitting the report to determine the facts of the case. If the Judicial Officer determines that no action is warranted, the charges will be dismissed and the Judicial Officer shall confirm the dismissal in writing.
   
2. If further action is warranted, the Judicial Officer or designee shall evaluate the alleged violation and determine whether, if true, it would warrant a suspension or expulsion.
   
   a. Matters involving expulsion. If the violation would warrant the Judicial Officer to recommend expulsion, the Judicial Officer must refer the matter to the appropriate Judicial Board for a hearing.
   
   b. Matters involving suspension. If the violation would warrant suspension and the facts are not in dispute, the Judicial Officer has the discretion to allow the student to submit the matter to the Judicial Officer for resolution. The Judicial Officer is under no obligation to make this offer and the student is under no obligation to accept it. If the Judicial Officer decides to extend the offer, the Judicial Officer must inform the student in advance of the proposed resolution of the matter and any sanction that he/she would impose. The agreement to accept a resolution by the Judicial Officer must be in writing, must contain a description of the violation, a statement of the sanction to be imposed, and must be signed by the Judicial Officer and the student. A student who accepts the Judicial Officer’s discipline has no right of further review or appeal. If the Judicial Officer’s discipline is not available to the student, or the student chooses not to accept it, then the matter will proceed to a hearing.
   
   c. Less serious matters. If the matter is not serious enough to warrant a recommendation of expulsion or suspension and the facts are not in dispute, the Judicial Officer may, at his or her own discretion, resolve the matter without a hearing. If the facts are not in dispute, the student waives his/her right to a hearing or appeal.
   
3. At the discretion of the Judicial Officer, a student may be suspended pending a hearing to ensure the safety and well being of members of the University or their property or to ensure the student’s own safety and well-being. A student suspended pending a hearing may not enter University property and is ineligible to attend classes or examinations. Once imposed, a suspension takes effect immediately. A suspension pending a hearing is not a University sanction, and no notation of it will be made in the student’s transcript or file.
   
4. The decision to suspend pending a hearing is not subject to review. Except where a student is charged with a violation referred to in paragraph 5, if the hearing is delayed more than ten (10) days beyond the date it is scheduled, and such delay is in no part at the request of the accused, then the accused may appeal the continued suspension to the Appeals Board, which will make a decision after hearing statements from the student and the Judicial Officer.
   
5. If a student is charged with the violation of a state or federal criminal statute (or its equivalent in another jurisdiction), the University may defer the hearing until the conclusion of any criminal proceedings. In such circumstances, a suspension pending the hearing may continue until the conclusion of the criminal proceedings. The decision to continue the suspension pending criminal proceedings is not subject to review by the Appeals Board.

Section C: Initiation of the Hearing

1. Within ten (10) school days after service of the charges, the Judicial Officer shall set the date, time and place of the hearing and provide written notice thereof to the accused (by mail, return receipt requested or hand-delivered) . A school day is a weekday when school is in session. The hearing shall commence no later than twenty (20) school days after the service of charges. The accused is personally responsible for contacting the Judicial Officer to request any change in the time of the hearing. For good cause, an postponement will be granted to the accused upon advance request.
   
2. The accused may discuss the procedures of the impending hearing with the Judicial Officer. The accused may not contact individual members of the University Judicial Board while a charge is pending.