| A |
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Initiation of Charges
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| 1 |
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Disciplinary charges will be initiated
by submitting a written referral to the Dean of Students.
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The referral must state sufficient facts, including
specific names(s), date(s), locations and descriptions
of the alleged act(s) of misconduct to enable the Dean
of Students to decide whether further fact-finding is
necessary. The referral must be signed by the complainant. |
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| 3 |
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Where the alleged misconduct is related to discrimination
or harassment, the Dean of Students will consult with
the Affirmative Action Office to determine whether an
affirmative action investigation is warranted. A determination
by the Dean of Students will be made following consultation
with the Affirmative Action Office. |
| 4 |
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If the alleged misconduct is related to academic dishonesty,
the charges will be investigated and sanctions, if any,
imposed by the appropriate academic unit according to
established university procedures. If the sanction imposed
is either expulsion or suspension, then the student is
entitled to a hearing according to the procedures set
forth in ABOR Policy 5-403D., (Disciplinary Procedures,
Review by University Hearing Board). Each university
may develop procedures to define academic dishonesty,
informal resolution of allegations, the composition of
an academic integrity hearing board and the identify
of the ultimate decision-maker. |
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| B |
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Interim Action. |
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| 1 |
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At any time following the submission
of a written referral, the Dean of Students may suspend
a student for an interim period prior to resolution
of the disciplinary proceeding if the Dean believes
that the information that supports the allegations
of misconduct is reliable, and determines that the
continued presence of the student on the university
campus poses a threat to any individual, property or
university function.
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| 2 |
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The decision to suspend a student for an interim period
will be communicated in writing to the student, and will
become effective immediately as of the date of the written
decision. |
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| 3 |
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The interim suspension will remain in effect until
a final decision has been made on the pending charges
or until the Dean determines that the reasons for imposing
the interim suspension no longer exist. |
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A student who is suspended for an interim period will
be provided an opportunity to respond to the allegations
of misconduct no later than five (5) days following the
effective date of the interim suspension. |
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The Dean of Students may impose other forms of interim
action, such as immediate removal from university housing
or exclusion from one or more classes or other locations. |
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| C |
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Review and Decision by Dean of Students |
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| 1 |
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The Dean of Students will make an initial
determination as to whether there is a sufficient basis
to believe that a violation of the Student Code of
Conduct may have occurred. The Dean may decide to interview
the complainant and/or other witnesses or to request
additional information from the complainant.
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| 2 |
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The decision to suspend a student for an interim If
the Dean determines that there is a sufficient basis
to believe that a violation of the Student Code of Conduct
may have occurred, then the Dean of Students
will promptly notify the student in writing of the alleged violation and will
gather further information, if needed, by interviewing witnesses and reviewing
documents. Members of the university community will be expected to comply with
any request or directive issued by the Dean in connection with a disciplinary
proceeding, unless compliance would result in significant personal hardship
or substantial interference with normal university functions.
will be communicated in writing to the student, and will
become effective immediately as of the date of the written
decision. |
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| 3 |
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A student who is charged in a Student Code of Conduct
referral will be provided an opportunity to meet with
the Dean of Students. A student who fails to attend the
meeting with the Dean will forfeit his/her right to respond
on his/her behalf regarding the alleged violation, unless
the student can demonstrate that an extraordinary circumstance
prevented his/her appearance. If the student fails to
attend the meeting, the Dean may proceed as described
in ABOR Policy 5-403C.6. (Disciplinary Procedures, Review
and Decision by Dean of Students). |
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| 4 |
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At the meeting the student will be provided with the
following: |
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| a |
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An explanation of the charges that
have been made;
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| b |
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A summary of the information gathered; |
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| c |
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reasonable opportunity for the student to reflect
upon and respond on his/her own behalf to the charges;
and |
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| d |
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An explanation of the applicable disciplinary procedures,
including the student's right to request a hearing
before a University Hearing Board if a serious disciplinary
sanction (expulsion or suspension) is imposed. |
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| 5 |
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If necessary any further information gathered will
be presented to the student and an additional opportunity
to respond will be provided. |
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| 6 |
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The Dean of Students will determine whether it is more
likely than not that a violation of the Student Code
of Conduct has occurred and, if so, the appropriate disciplinary
sanction to apply. In determining the sanction, the Dean
will consider any mitigating factors, including any prior
violations of the Student Code of Conduct. |
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| 7 |
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The Dean of Students will inform the student of the
decision, in writing, within seven (7) days of the student's
last opportunity to respond. When feasible, this information
will also be communicated in a face-to-face meeting. |
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| 8 |
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The written decision will include a statement of the
charges, the determination, and the sanction to be imposed,
if any. This decision is final, unless the student requests
a hearing to review a decision to suspend or expel. The
effective date of a suspension (except for interim suspension)
or expulsion may be no sooner than twenty (20) days following
the date on which the notice was posted or personal delivery
of the written decision. |
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| 9 |
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If the sanction imposed includes either expulsion or
suspension, the student will be informed of his/her right
to request a hearing before a University Hearing Board
by filing a written request with the Dean of Students
no later than twenty (20) days following the date on
which the notice was posted or personal delivery of the
written decision. |
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| 10 |
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The filing of a timely written request for a hearing
will suspend the imposition of the disciplinary sanction,
except for interim suspension, pending the outcome of
the hearing. If the sanction is suspension or expulsion,
and the student requests a hearing, the student will
not be permitted to graduate until the hearing process
has been concluded. If the student elects not to request
a review of the Dean's decision and signs a statement
to that effect, then that decision is a final decision
that becomes effective immediately. |
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| D |
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Review by University Hearing Board |
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| 1 |
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Purpose of the Hearing Board
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The Hearing Board is the body that reviews appeals
submitted to the Dean regarding student suspension/expulsions.
The purpose of the Hearing Board is to formulate a recommendation
to the Vice President for Student Affairs as to whether
a violation of the Student Code of Conduct was more likely
than not to have been committed by the student, and if
so, the appropriate sanction to be imposed. |
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| 2 |
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Composition of the Board |
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| a |
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Student disciplinary hearings will
be conducted by a Hearing Board composed of five
(5) members, including two (2) students, two (2)
faculty members, and one (1) non-faculty employee.
One member, designated the chairperson, will serve
as the presiding officer.
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| b |
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Each university will establish its own rules to
govern the selection process for Hearing Board members. |
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| c |
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The university will provide orientation for Hearing
Board members. |
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| 3 |
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Pre-Hearing Procedures |
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| a |
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The Hearing Board members will be
notified in writing of their selection.
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| b |
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The chairperson will convene the Board no later
than twenty (20) days following receipt of the student's
written request for a hearing. |
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| c |
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The chairperson, who may be assisted by the Dean
of Students, will prepare and send a written notice
to the student no less than ten (10) days prior to
the date set for the hearing. The notice will be
delivered personally or by mail directed to the address
furnished by the student on his/her hearing request.
The notice will include: |
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A statement of the date, time,
location and nature of the hearing;
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A written statement of the charges that specifies
the allegations of misconduct in sufficient detail
to enable the student to respond; |
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Notice of right to legal representation; |
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A copy of the Student Code of Conduct and these
Student Disciplinary Procedures; and |
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A list of the names of all Hearing Board members,
and the university address of the chairperson. |
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| d |
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If the student cannot attend the hearing on the
date scheduled for the hearing due to extraordinary
circumstances, he/she must notify the hearing board
chairperson in writing. The chairperson will determine
whether to approve or deny the request to reschedule
the hearing. |
| e |
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No later than five (5) days prior to the hearing,
the parties will exchange the following information
in writing: |
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A list of the names and addresses
of the witnesses who may be called to speak
at the hearing;
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A concise summary of the anticipated statements
of each witness; |
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Copies of all documents or notarized statements
to be presented at the hearing; and |
| 4 |
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The name and title of the person who will present
the evidence on behalf of the university, and
the name of the adviser, if any, who will be
present to assist or represent the student. |
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| f |
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A student may challenge the participation of any
member of the Hearing Board on the grounds of personal
bias by submitting a written statement to the chairperson
setting forth the basis for the challenge no later
than seven (7) days prior to the hearing. The chairperson
will determine whether to sustain or deny the challenge.
If the challenge is sustained, a replacement member
will be appointed to serve on the Hearing Board.
If a challenge is filed against the chairperson,
the President will rule on the challenge. |
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| g |
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Members of the university community will be expected
to comply with any request or directive issued by
the chairperson in connection with a disciplinary
proceeding, unless compliance would result in significant
personal hardship or substantial interference with
normal university functions. |
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| 4 |
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Conduct of the Hearing
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| a |
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In order to preserve the confidential
nature of the disciplinary process, and to protect
the privacy interests of the student who is charged
with the violation and the witnesses who may be
called to testify, the hearing conducted by the
Hearing Board will be closed.
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| b |
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The chairperson will preside at the hearing and
will rule upon all procedural matters. The formal
rules of evidence will not apply, although objections
to the introduction of specific statements or documents
may be considered by the chairperson. Irrelevant,
immaterial, privileged or unduly repetitious information
will be excluded. Information regarding prior misconduct
will not be admissible until the supplemental proceeding
described in ABOR Policy 5-403D.4.c. (Disciplinary
Procedures, Review by University Hearing Board, Conduct
of the Hearing). The chair may establish reasonable
limits upon the time allotted to the student and
the Dean of Students for oral presentation and examination
of witnesses. |
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| c |
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The Dean of Students will present the information
that supports the charges, and will have the burden
of showing that a violation of the Student Code of
Conduct was more likely than not to have been committed
by the student. |
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| d |
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The student who has requested the hearing will
present statements or written information on his/her
own behalf. A student who fails to appear at the
hearing will be deemed to have abandoned his/her
request, unless the student can demonstrate that
an extraordinary circumstance prevented his/her appearance. |
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| e |
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The student who is charged with the misconduct
may be assisted throughout the proceeding by an adviser.
If the student is represented by an attorney, the
Dean of Students may also be assisted by an attorney. |
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| f |
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The hearing will be recorded manually or by a recording
device and will be transcribed in whole or in part
on request of the student charged with the misconduct.
The cost of such transcript will be paid by the student
unless assessment of the cost is waived by the Vice
President for Student Affairs. |
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| g |
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Witnesses may be excluded from the hearing except
during their own testimony, except that a complaining
witness (complainant) who is the alleged injured
party may be permitted to attend the hearing following
his or her testimony. |
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| h |
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The order of presentation will be as follows: |
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| 1 |
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The Dean of Students will present
an opening statement, which summarizes what
the information that has been gathered is expected
to show.
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The student or his/her legal representative
may present an opening statement, or may reserve
it until the presentation of his/her case. |
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| 3 |
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The Dean of Students will call witnesses to
provide statements under oath. Witnesses will
be questioned by means of direct examination
with no leading questions permitted. A leading
question is one that suggests the desired response.
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At the conclusion of each witness's statements,
he or she may be questioned by the student or
his/her legal representative, at which time leading
questions are permitted. |
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Following the questioning by the student or
his/her legal representative, the Dean of Students
and the members of the Hearing Board may ask
further questions of each witness. |
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Following the testimony of all witnesses called
by the Dean of Students, the student then presents
his/her case. |
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Each witness for the student is called to testify.
The pattern remains the same as described above. |
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Following the close of the student's presentation,
the Dean of Students may call witnesses to refute
statements made by the student or the student's
witnesses. If such witnesses are called, they
will be subject to the same procedure outlined
above. |
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| 9 |
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Throughout the proceeding, the parties may
introduce written documents. All such documents
that are admitted will be marked as exhibits,
for example, "Dean's Exhibit #1" or "Student's
Exhibit #1," and may be considered by the
Hearing Board in reaching its decision. |
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| 10 |
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Following the presentation of witnesses, the
parties will be allowed to present closing statements
that summarize the information that has been
presented. The Dean of Students presents his/her
closing statement first, followed by the student. |
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| E |
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Hearing Board Deliberations and Recommendation |
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| 1 |
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Following the presentation of information
and closing statements, the members of the Hearing
Board will discuss the information that has been presented
and the reasonable inferences to be drawn from this
information prior to reaching their decision. Only
the members of the hearing board and its legal adviser,
if any, may be present during the deliberations.
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| 2 |
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Based solely upon the information presented during
the hearing, the Hearing Board will formulate a recommendation
to the Vice President for Student Affairs and others
permitted to receive this information consistent with
applicable law or policy, as to whether a violation of
the Student Code of Conduct was more likely than not
to have been committed by the student. At least three
votes are necessary to make any recommendation. |
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| 3 |
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If the recommendation of the Hearing Board is that
there was more likely than not a violation of the Student
Code of Conduct then the Board will conduct a supplemental
proceeding to determine a recommended sanction. This
supplemental proceeding will be guided by the considerations
set out in ABOR Policy 5-304.C (Code of Conduct, Sanctions).
The supplemental proceeding will not generally require
additional fact-finding, but will include a review of
a written summary of any prior misconduct prepared by
the Dean of Students. The student and the Dean will be
provided the opportunity to present their positions on
the appropriate sanction. |
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| 4 |
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The Hearing Board will render its recommendation following
the hearing, and will communicate the recommendation
to the student, the Dean of Students and to the Vice
President for Student Affairs in writing no later than
two (2) days following the conclusion of the hearing.
The written recommendation will include findings of fact
and a statement of the reasons for the recommendation,
and will be signed by the chairperson. |
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| F |
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Review and Decision by Vice President for Student Affairs |
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Following a review of the Hearing Board's recommendation,
the Vice President for Student Affairs will render a decision
that either affirms, denies or modifies the recommendation
of the Hearing Board. The Vice President will not be bound
by the recommended findings of fact. The Vice President will
issue a written decision no later than ten (10) days following
receipt of the Hearing Board's recommendation, except when
it becomes necessary to conduct further investigation or
to remand the matter to the Hearing Board, in which case
the written decision will be transmitted no later than ten
(10) days following completion of the investigation or the
subsequent recommendation of the Hearing Board. Copies of
the written decision will be promptly transmitted to the
parties and to all members of the Hearing Board. |
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| G |
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Request for Review or Rehearing |
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| 1 |
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A student who is dissatisfied with the
decision reached by the Vice President for Student
Affairs may request a rehearing or review by filing
a written request with the Vice President no later
than fifteen (15) days following the date of delivery
of the written decision. The request shall be based
on one or more of the following grounds:
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| a |
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Irregularities in the proceedings,
including but not limited to any abuse of discretion
or misconduct by the Hearing Board or by the Dean,
which has deprived the student of a fair and impartial
disciplinary process;
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| b |
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Newly discovered material evidence which could
not have been presented during the fact-finding or
hearing process; |
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Excessive severity of the sanction; or |
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| d |
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That the decision is not justified by the evidence
or is contrary to law. |
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| 2 |
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Following receipt of the student's request for review,
the Vice President for Student Affairs will make whatever
review is deemed necessary to resolve the issues that
have been raised. |
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| 3 |
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The Vice President for Student Affairs will respond
in writing to the student's request for review or rehearing
within ten (10) days of receipt of the request. The Vice
President may uphold or modify the previous decision,
or grant a rehearing on the issues raised by the request.
The decision of the Vice President is final. |
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Back to Top
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| All policies found in the Policy Manual are
subject to change from time to time as approved by the Arizona
Board of Regents. The central office disseminates hard copies
of additions/revisions not more than 3 times each year. The
web copy, located at http://www.abor.asu.edu,
is updated every 1-2 months, as needed. Prior to acting in
reliance upon a specific board policy as it appears in any
copy of the policy manual, please check to make sure that
the board has not recently approved any additions/revisions
to that specific policy. |
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Files/Records |
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