USI » Dean of Students » Conduct Adjudication Information

Conduct Adjudication Information
This material has been prepared to assist you in understanding the proceedings which are taking place as a result of a reported incident. The presentation of this information does not presume the degree of your involvement in the reported incident, and neither the administrator nor the student justices with whom you may be involved will approach your case with any predetermination of a final disposition. Therefore, the receipt of this material should not be interpreted as a prejudgment of your involvement.

I. PHILOSOPHY OF THE STUDENT CONDUCT SYSTEM

The State of Indiana has charged the University of Southern Indiana with the responsibility for providing an orderly campus environment conducive to learning in which persons and property are protected from harm as a state institution. The University of Southern Indiana has further responsibility for upholding the laws of the State and Federal governments. Procedures have been developed which permit the University to exercise the above responsibilities. In following these procedures, the University, as an educational institution, strives to make its effort as educational for the individual student as possible. A priority is inherent among the above responsibilities to

1. protect persons and property;
2. uphold state and federal laws;
3. provide an orderly environment conducive to learning;
4. encourage the personal growth of students.

The expectations reflected in University policies are used as a basis to determine the acceptability of student behavior. If a student's behavior indicates that he/she has made a value judgment or decision not in harmony with University expectations, conduct proceedings are initiated. The student conduct system describes the procedures whereby the judgments concerning a student's behavior are made in an orderly, fair manner. Any action taken as a result of this judgment is the University's method of pointing out the unacceptability of an individual's behavior and a notice that behavior which is detrimental or unacceptable to the community or individuals cannot be permitted.

II. STUDENTS' RIGHTS EXPRESSED IN THE SGA CONSTITUTION

Section 8 (Right of Students in Disciplinary Procedures)

A. University procedural due process will be observed in all disciplinary situations which might result in a change of student status or standing.

1. University disciplinary action is not taken by the University to duplicate the judgment of civil law but to serve the purposes peculiar to the University community.

2. The University shall not institute disciplinary action against a student for off- campus conduct, criminal or otherwise, except in the case of a serious threat to the welfare or safety of persons and property or the disruption of the normal educational processes.

3. Criminal conduct on the campus may subject a student to prosecution by civil authorities as well as separate University disciplinary action.

4. Within the guidelines of University procedural due process, a student accused of violations of University rules, regulations or policies shall have the right to choose, when the Student Government Association (SGA) University Court System is functioning, between the University Court System and the Administrative Hearing System for adjudication (subject to the limitations of the University Court System).

5. Within the guidelines of University procedural due process, generally, a student accused of violations of University rules, regulations or policies shall have the right to have a charge brought to bear within six (6) months after a charge is submitted to the Dean of Students Office.

6. A student has the right to know whether or not statements that he may make in disciplinary hearings can be used in student courts, administrative procedures, or civil courts.

7. A student shall have the right to have his interim suspension reviewed by the appropriate University officials within five (5) school days after that suspension shall take effect as provided in the Code of Conduct.

8. A student subjected to interim suspension and later exonerated, shall have the right to appeal to appropriate University officials to request that the University do everything in its power to see that the student is not unduly damaged by the interim suspension.

B. Neither the University nor Student Government nor any part of either shall make any rule, regulation, or law which shall deny any person of the rights, freedoms, or privileges guaranteed or granted by the United States as applied to an educational setting.

C. Except under contract or emergency circumstances, neither property occupied by a student, nor the person of a student, nor his personal possessions will be searched or seized by representatives, agents, employees, or other persons acting for the University.

D. All students accused of violations of University rules, regulations, or student law shall be considered "not in violation" until found "in violation." The mere accusation of a violation shall in no way be construed as to limit the rights or privileges of the student except in the case of a serious threat to the welfare or safety of persons or property connected with the University or the disruption of normal educational activities.

E. A person who files a complaint (complainant) against a student for violation of University policies, rules or regulations or appropriate student law shall have the right, upon request, to be informed (1) if a charge has been filed as a result of the complaint, (2) if a hearing has been held, and (3) if the student was found "in violation" or "not in violation."

F. The results of the disciplinary proceedings, subject to the requirements of Section 99.39 of the Family Educational Rights and Privacy Act, may be disclosed to a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense. The disclosure may only include the final results of the disciplinary proceeding conducted by the institution of postsecondary education with respect to that alleged crime or offense. The institution may disclose the final results of the disciplinary proceeding, regardless of whether the institution concluded a violation was committed.

G. Students shall have the right of access to student-related official University policies, rules, regulations and student laws.

III. SELF-INCRIMINATION

A student being charged with a conduct violation has the right of protection against self-incrimination. Information given by the student in any interview may be used to determine the University's action. Statements made orally or in written form as part of the disciplinary situation at any state of the proceedings can be used in the University Court and Administrative hearings. Civil or Criminal Courts may subpoena the records.

IV. TYPES OF DISCIPLINARY ACTIONS

The actions which may be taken when a student is charged with a violation of University regulations or public laws (in the Conduct Adjudication Process) range from Charges Dropped up to and including Suspension or Expulsion from the University. The action taken depends upon the severity of the violation, the degree of involvement of the student, the individual circumstances of each case, the student's conduct record, and the student's academic progress. The ranges of possible actions for specific violations may be explained to the student upon request.

A. CHARGES DROPPED

1. The charge will be dropped if there is insufficient evidence to support the charge.

2. If there is evidence presented during the hearing that shows the student is "not in violation" of the charge, record of that decision will be maintained for one year..

3. All written material pertaining to the charges will be destroyed.

B. CONDUCT WARNING

1. This action includes a written and verbal warning about the conduct which has been judged to be disruptive or injurious to the student or others.

2. The warning may carry other restrictions and stipulations.

3. Record is kept for a calendar year only. If the student is not involved in any other conduct situation for the calendar year after being given a conduct warning, the record will be destroyed. Drug- or alcohol-related violations will be kept for three years following the academic year of the violation.

4. A thorough explanation of University policies is given.

5. The student is informed that his/her involvement in any further conduct matters may be cause for more serious disciplinary action.

C. CONDUCT PROBATION

1. This action is a formal probationary status.

2. Student is prohibited from participating in extracurricular clubs, governing groups, and activities, unless specifically exempted from this provision.

3. Restrictions and stipulations of the probation are individualized for particular needs of the students. (Possible stipulations for both levels of probation are outlined at the end of this section.) Failure to comply with the stipulations of the probation by the deadlines given may be cause for immediate administrative withdrawal.

4. Any further violation of University regulations while on Conduct Probation subjects the student to an extended probationary period, Strict Conduct Probation or Suspension.

5. Provided the student is in attendance at the University and complies with the provisions of the probation, he/she will be removed from Conduct Probation by a date specified by the Dean of Students. Normally, the student may be removed from probation NO SOONER THAN the equivalent of one full semester after the action has been taken.

D. STRICT CONDUCT PROBATION

1. This action is a formal probationary status during which the student is removed from good standing at the University.

2. The student is prohibited from participating in extracurricular clubs, governing groups, Intramurals, Varsity athletics, and as a spectator at sporting events, unless specifically exempted from this provision.

3. The student will be expected to meet regularly (individually or in a group) during the probationary period with a University official.

4. Other restrictions and stipulations of the probation are individualized for particular needs of the students. (Possible stipulations for both levels of probation are outlined at the end of this section.) Failure to comply with the stipulations of the probation by the deadlines given may be cause for immediate administrative withdrawal.

5. Provided the student is in attendance at the University and complies with the provisions of the probation, he/she will be removed from Strict Conduct Probation by a date specified by the dean of students. Normally, the student may be removed from probation NO SOONER THAN the equivalent of one full year after the action has been taken.

6. This probationary status is very near suspension. Any further misconduct while on probation means that a student subjects himself or herself to possible suspension.

E. RESTRICTIONS AND STIPULATIONS WHICH MAY BE ADDED TO PROBATIONS

1. Expectation of writing a statement of plans for changing behavior, personal and academic goals. Expectation of stating in written form that he or she understands that any further violation of University regulations will be cause for his or her suspension.

2. Expectation of assisting staff members in carrying out some function which is related to his or her violation of regulations.

3. Requirement of meeting specified grade point average during given semester or semesters.

4. Regular meetings (individual or group) during the probationary period with a University official.

5. Financial restitution for damages or theft. Accompanying this stipulation is the requirement that the student show a receipt for payment by a given date to the University official, in order to avoid further conduct action and an encumbrance of future registration.

6. Participation in structured activities such as participation in the Volunteer USI program, finding part-time employment, or participation in a student activity program.

7. Knowledge of the need for an understanding of information contained in the University of Southern Indiana Code of Student Conduct, Student Rights and Responsibilities.

8. Referral to alcohol and/or drug program or to the Student Counseling Center.

9. Withholding of diploma until completion of probationary period.

F. SUSPENSION

1. This action indicates that s student is excluded from the University for one to several semesters, depending on the severity of the disciplinary situation.

a. Regular Suspension - for an indefinite period of time, but a minimum of one full semester
b. Extended Suspension - for an indefinite period of time, but eligible to apply for readmission after a stipulated date
c. Permanent Suspension/Expulsion - used in specific violations of a severe nature and causes the student to be ineligible for readmission to the University.

2. Hold is placed on future registration until readmission

3. Fee refunds are determined on the same basis as within-semester voluntary withdrawals, unless specifically noted.

4. Grades will be determined in accordance with the regular withdrawal policy. Diploma may be withheld.

5. The responsibility for initiating the request for readmission must be taken by the student.

6. Except for cases of permanent suspension, the student may return upon recommendation of the vice president for Student Affairs or the dean of students.

G. INTERIM SUSPENSION-DEFINED

When a student's actions or threat of action indicate serious threat to the welfare and safety of persons or property, Interim Suspension may be used to temporarily remove and exclude the person from the University community.

1. No hearing is necessary before the action is taken.

2. Review of the Interim Suspension will be held within five school days of the effective date.

3. A regular hearing may be held at a later date.

V. HEARING SYSTEMS

You may wish to plead "not in violation" or "in violation" and request a hearing. You may then choose to have the case heard either administratively or by the Student Government Association University Court (subject to the limitations of the University Court system).

1. University Court - composed of student Justices (see Section 1.4 Judicial, Student Government Association Constitution and Bylaws and Section 4.01 of the Code of Student Conduct.)

2. Administrative - one member of the University staff.

You also have the option to present witness(es) to testify on your behalf. The witness(es) will be asked to provide information concerning only the alleged violation for which you are being charged. Since the Administrative Hearing System does not have the authority to subpoena, Witness Statements may be submitted in place of having the witness(es) present during the hearing. In either system you have the right to bring an advisor with you to the hearing. Your advisor must be a member of the University community - professor, administrator, or any student. The role of the advisor is to provide support for you and to assist you in preparing for your hearing. Since the hearing process does not resemble a civil or criminal court hearing, your advisor's role is not that of an attorney. No person may serve as an advisor in the Hearing System who has a conflict of interest or a vested interest in the complaint or the outcome of the hearing; such a person is considered to be prejudiced. If it is found that a person, serving as an advisor, was in fact prejudiced, the end result of the hearing would be null and void, and a new hearing would take place. If you need assistance in securing an advisor, contact the dean of students office.

This hearing is an informal proceeding and is not comparable to a criminal trial. The decision of whether a student is guilty or not guilty will be based solely on the evidence submitted. The complainant must provide by a preponderance of evidence that the alleged offender committed the act in question.

Should a student fail to appear at a scheduled hearing after proper written notification, the hearing will be conducted in his/her absence.

VI. APPEALS PROCEDURES

A. Only the accused may appeal the decision.

B. All appeals must be presented in writing within 48 hours of the receipt of the written decision of the court or University official.

C. Appeals to the University Court should be delivered to the Dean of Students Office. Appeals to the Administrative Hearing System should be delivered to the Dean of Students Office.

D. An appeal hearing may be requested where:

1. a failure of due process is claimed;

2. significant new evidence is to be presented;

3. the recommended action is inappropriate for the violation(s);

4. constitutionality of the regulation is questioned;

5. the Campus Appeals Commission has not heard another appeal of the same case.

E. An appeal must be based in writing on one or more of the above. Your appeal can best be described as a written, persuasive speech.

F. Your appeal and the record of the proceedings will be forwarded to the Campus Appeals Commission for review. The Commission will respond in writing to your appeal.

G. The Campus Appeals Commission, consisting of an administrator, faculty member, and a student with one alternate appointed for each position, is a standing committee appointed by the president of the University.

VII. ACCESS TO RECORDS

In accordance with the Family Educational Rights and Privacy Act (Public Law 93-380), conduct records are considered to be "Educational Record;" therefore, students have the right to inspect and review the materials contained in their conduct record subject to office procedures. Additionally, there are ten classes of persons who may be given information from the conduct records without the student's prior consent:

A. University of Southern Indiana officials, including members of the faculty, may have access upon verification of legitimate educational interest.

B. Students who are employed as staff or student justices in the University conduct system may have access - upon verification of legitimate educational interest.

C. Officials of other schools or school systems in which the student seeks or intends to enroll may have access with written consent of the student.

D. Parents of a dependent student may have access. Dependency is defined in Section 152 of the Internal Revenue Code of 1954.

E. The Higher Education Amendments (http://www.ed.gov/legislation/HEA/) of 1998 included a change to the Family Educational Rights and Privacy Act (FERPA) (http://www.ed.gov/offices/OM/ferpa.html) that permits colleges and universities to notify parents of students under 21 years of age when their student has been found in violation of student rules in regard to alcohol and other drugs, through a campus judicial process. As of September 2002 the University of Southern Indiana began contacting parents of students in these situations. The parental contact is not intended to be punitive, but educational. The primary emphasis of this notification is a request of parents to discuss improper use of alcohol and other drugs with their students and to partner with the University in addressing alcohol abuse. If an underage student is found responsible for violating the alcohol or drug policy on campus, a letter indicating as much will be sent to their parents or legal guardian by the dean of students.

F. The results of the disciplinary proceedings, subject to the requirements of Section 99.39 of the Family Educational Rights and Privacy Act, may be disclosed to a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense. The disclosure may only include the final results of the disciplinary proceeding conducted by the institution of postsecondary education with respect to that alleged crime or offense. The institution may disclose the final results of the disciplinary proceeding, regardless of whether the institution concluded a violation was committed.

G. Subject to the conditions of PL93-380, Section 99.37, authorized representatives of the Controller General of the United States, the Secretary, the Commissioner, the director of the National Institute of Education, or the Assistant Secretary for Education or state educational authorities may have access.

H. Officials connected with the student's application for a receipt of financial aid (i.e. banks, vocational rehabilitation, scholarship donors) may have access.

I. State or local officials or authorities to whom information is specifically required to be reported or disclosed pursuant to state statute adopted prior to November 19, 1975, may have access.

J. Organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, may have access if (a) such studies are conducted in such a manner as will not permit the personal identification of students by persons other than the representatives of such organizations and (b) such information will be destroyed when no longer needed for the purpose for which it is conducted.

K. Accrediting organizations may have access in order to carry out their accrediting functions.

L. Access to conduct records may be granted in compliance with judicial order pursuant to any lawfully-issued subpoena, subject to office procedures. Students may give consent for others to have access to their conduct records. Release of information will be permitted if the request (1) is in writing, (2) is signed and dated by the person giving consent, (3) specifies the records/information to be released, (4) specifies the reason for the release, and (5) specifies the names of the parties to whom such records are to be released. Information may be released from the conduct records to appropriate persons in connection with an emergency if the knowledge of such information is necessary to protect the health and safety of a student or other persons.

VIII. PRESERVATION OF RECORDS

Dependent upon the type of action taken, Conduct Adjudication Process records are maintained on file in the Office of Student Life for specific periods of time:

A. Not in Violation � one calendar year, unless involved in additional violations

B. Conduct Warning - one calendar year, unless involved in additional violations

C. Conduct Probation - two calendar years after the date of the last action taken

D. Strict Conduct Probation - three calendar years after the date of the last action taken

E. Suspension � permanently

F. Expulsion - permanently

G. Alcohol- or drug-related violation - three years following the academic year of violation

IX. STUDENT OPTIONS AT CHARGE PRESENTATION

Each student has four options when charged with a violation of the University of Southern Indiana Code of Student Conduct, Student Rights and Responsibilities.

A. May plead "in violation" or "not in violation" and waive all rights to a disciplinary hearing.
After receiving all relevant information concerning hearing alternatives, rights, charges, possible actions relevant to this incident, a student may plead "in violation" or "not in violation" and waive all rights to a disciplinary hearing. Each hearing officer shall be thorough in the explanation of exactly what the waiver entails. It will be necessary for the accused student to sign a statement waiving his right to a hearing. The following procedures will be used when a student waives a hearing:

1. Should the student waive all rights to a hearing following the presentation of charges with a University official, it may be possible to take the appropriate action at that particular meeting. If this is not possible, a follow-up meeting will be scheduled as soon as possible.

2. Should the student plead "not in violation" and the University official, in his opinion, cannot make an informed decision with the material available, a disciplinary hearing will be scheduled.

3. All other actions shall be taken by the dean of students.

B. May plead "not in violation" and request a disciplinary hearing.
After receiving all relevant information concerning hearing alternatives, rights, charges, and possible actions relevant to this incident, a student may plead "not in violation" and choose to have a disciplinary hearing. Each student has the option to select the Administrative or University Court hearing (when the court is in session).

C. May plead "in violation" and request a disciplinary hearing.
After receiving all relevant information concerning hearing alternatives, rights,
charges and possible actions relevant to this incident, the student may request a
hearing for presentation of witnesses to support extenuating circumstances. Each
student has the option to select the Administrative or University Court hearing
(when the court is in session).

Information from conduct discussion records and academic records will become part of the conduct adjudication process records when a determination of guilt is made.

Approved 1985
Amended 1988, 1990, 1991, 1992, 1994, 1998, 2/98, 8/02
Revised 1/11/94
Revised 10/26/94
Revised 9/18/02