Student Code of Conduct and Disciplinary Procedures

University Disciplinary Procedures

1. General

• 1.1 Right to Disciplinary Proceeding Except in cases of temporary suspension ordered by the Chancellor as hereafter provided, suspension, expulsion or other disciplinary sanction for misconduct may not be imposed without a disciplinary proceeding in accordance with the following University Disciplinary Procedures, hereafter referred to as these Disciplinary Procedures.
• 1.2 Student Court Jurisdiction Nothing in these Disciplinary Procedures shall affect the jurisdiction of the Student Court of the Association of Students of the University of Nebraska (ASUN) with respect to ASUN constitutional matters, student organizations and other non-disciplinary student matters.
• 1.3 Disciplinary Procedures of Subordinate Judicial Boards. All subordinate judicial boards shall model their disciplinary procedures insofar as possible after these Disciplinary Procedures. See Sections 12.1 and 12.2 relating to subordinate judicial boards.

2. Initation of Disciplinary Proceedings

• 2.1 Complaint Any member of the University community may file a written misconduct complaint against a student or organization alleging misconduct under the Student Code of Conduct or other published University policy or regulation prescribing a standard of student conduct. Misconduct complaints shall be filed in the Office of Student Judicial Affairs.
• 2.2 Responsibility of Judicial Officer If the Judicial Officer determines that the misconduct alleged in a complaint warrants the institution of disciplinary proceedings, he or she shall insure compliance with these Disciplinary Procedures.
• 2.3 Disqualification of Judicial Officer In the event the Judicial Officer may be a material witness in any disciplinary proceeding or for any reason cannot perform his or her duties under these Disciplinary Procedures, the Vice Chancellor for Student Affairs shall appoint an acting Judicial Officer to perform such duties.
• 2.4 Review of Complaint The Judicial Officer shall make a preliminary investigation of each complaint to determine whether it may be disposed of without institution of disciplinary proceedings. Within 20 school days after receipt of a written misconduct complaint against a student or student organization, the Judicial Officer must decide on one of three courses of action: (a) dismiss the complaint, (b) propose an administrative disposition to the student, or (c) initiate a disciplinary proceeding before the University Judicial Board or a subordinate judicial board.
• 2.5 Informal Meeting The Judicial Officer may conduct an informal meeting with a student or organization accused of misconduct to discuss the misconduct alleged. Prior to any such informal meeting the student or organization accused of misconduct shall be apprised in writing of the following:
  1. The source and nature of the misconduct complaint which has been filed.
  2. That the student or organization is entitled to be accompanied by counsel or an adviser at the expense of the student or organization at any meeting or hearing relevant to the misconduct alleged in the complaint.
  3. That the student or organization is under no obligation at any time to admit the misconduct alleged or to make any other statement at any meeting or hearing relevant to the misconduct alleged.
  4. That any statement that the student or any representative of the organization may make can be used against the student or organization under these Disciplinary Procedures. During any such informal meeting the Judicial Officer may proceed with administrative disposition of a complaint pursuant to Section 4.2 of these Disciplinary Procedures if the Judicial Officer determines that administrative disposition is appropriate and if the same is accepted by the student or organization as provided in Section 4.2.
• 2.6 Failure to Appear If a student or organization accused of misconduct fails to appear at an informal meeting requested by the Judicial Officer pursuant to Section 2.5, the Judicial Officer may initiate disciplinary proceedings before the University Judicial Board or a subordinate judicial board.

3. Temporary Suspension

Pending initiation of disciplinary proceedings by the Judicial Officer, the Chancellor may at any time temporarily suspend a student from the University or deny a student readmission when the Chancellor finds and believes from information coming to his or her attention that the presence of the student on the University campus would seriously disrupt the University or constitute a danger to the health, safety or welfare of persons on the campus. If a student is temporarily suspended by the Chancellor, the Chancellor shall promptly instruct the Judicial Officer to initiate appropriate disciplinary proceedings against the student within two (2) working days after temporary suspension is imposed. If a student placed on temporary suspension is ultimately found not guilty of misconduct, such student shall be allowed if at all possible to make up academic work missed while on suspension.

4. Administrative and Judicial Board Disciplinary Proceedings

• 4.1 General If the Judicial Officer determines that the institution of a University disciplinary proceeding for alleged misconduct is necessary, such proceeding shall be instituted against the student or organization accused of misconduct in accordance with the procedures for administrative disposition or the procedures for judicial board disposition hereinafter provided.
• 4.2 Administrative Disposition The Judicial Officer, in the exercise of his or her professional judgment and when agreed to in writing by the student or organization, shall have authority by administrative disposition of a disciplinary proceeding to impose any of the disciplinary sanctions provided in Sections 5.1 through 5.6 of the Student Code of Conduct. The proposed administrative disposition shall list all Student Code of Conduct violations with which the student or organization is being charged as a result of the alleged misconduct. Where an administrative disposition proposed by the Judicial Officer is not accepted in writing by the student or organization, the student or organization shall have the right to have the matter of the alleged misconduct referred to the University Judicial Board. The student or organization shall have three (3) school days within which to accept or reject an administrative disposition proposed by the Judicial Officer. If the student or organization fails to accept or reject the proposed administrative disposition within such three day period, rejection will be presumed and the matter shall be referred to the University Judicial Board or a subordinate judicial board as provided in Section 4.3.
• 4.3 Judicial Board Disposition If a student or organization rejects administrative disposition of a disciplinary proceeding proposed by the Judicial Officer, the Judicial Officer shall institute a disciplinary proceeding against the student or organization before the University Judicial Board or before a subordinate judicial board for the misconduct alleged in the complaint. The disciplinary proceeding so instituted shall be limited to those Student Code of Conduct violations listed in the rejected administrative disposition, unless new evidence becomes available after the administrative disposition was rejected. Further, the Judicial Officer in the exercise of his or her professional judgment may institute a disciplinary proceeding for alleged misconduct directly before the University Judicial Board or before a subordinate judicial board without first offering administrative disposition to a student or organization accused of misconduct.
• 4.4 Jurisdiction The University Judicial Board shall have general original jurisdiction under these Disciplinary Procedures to hear and decide any disciplinary proceeding against a student or organization accused of misconduct. Subordinate judicial boards shall have limited original jurisdiction to hear and decide disciplinary proceedings according to their respective disciplinary procedures. (See Section 13.1(e) relating to jurisdiction of subordinate judicial boards.)

5. University Judicial Board Procedure

• 5.1 Notice All disciplinary proceedings before the University Judicial Board shall be instituted by written notice delivered to the student accused of misconduct or delivered to an officer of the organization accused of misconduct. Such written notice shall contain the following information:
  1. Source of the misconduct complaint.
  2. Statement of alleged facts constituting misconduct under the Student Code of Conduct or other published University policy or regulation prescribing a standard of student conduct.
  3. Citation of the specific provision(s) of the Code of Conduct or other University policy or regulation alleged to have been violated.
  4. Description of the evidence to be offered in support of the alleged misconduct.
  5. Date, time and place of the hearing before the Judicial Board. Each hearing shall be at least three (3) school days after the date of receipt of the written notice.
  6. A statement that the student or organization accused of misconduct may be accompanied by counsel or other adviser at the hearing before the Judicial Board at the expense of the student or organization, and that such counsel or adviser may advise the student or organization, but may not directly participate in the hearing.
  7. That the student or organization accused of misconduct is under no obligation to admit the truth of the alleged misconduct or to make any other statement at the hearing relevant to the alleged misconduct, and that refusal to testify or make a statement will not be considered as an indication of guilt.
  8. That the student or organization accused of misconduct has the right to inspect before the hearing in the office of the Director of Student Judicial Affairs any affidavits, exhibits or other documentary evidence or physical evidence which the Director intends to offer at the hearing, and that the student or organization will be advised in writing prior to the hearing of any subsequently discovered evidence which the Director intends to offer at the hearing and will be provided with a description of the evidence and allowed to examine the same if it is documentary or physical evidence.
• 5.2 Failure to Appear The student accused of misconduct or a student officer of the organization accused of misconduct will be expected to be present at the hearing before the Judicial Board. If the student or a student officer of the organization fails to appear at the time and place designated for the hearing, the Judicial Board shall proceed with the hearing if a majority of the Judicial Board members present are satisfied that the student or organization has received written notice as required by Section 5.1. The Judicial Board will then proceed in the absence of the student or organization to hear and weigh the evidence in support of the alleged misconduct and render a decision.
• 5.3 Quorum Every student or organization accused of misconduct in disciplinary proceedings before the Judicial Board is entitled to a hearing by a quorum of the Board. A quorum will consist of at least two faculty members and three student members of the Board. If a quorum is not present, the student or student officer of the organization, as the case may be, and the Judicial Officer may stipulate and agree in writing that the Judicial Board hearing may be conducted and the case may be decided by those Judicial Board members present even though a quorum has not been established.
• 5.4 Status Pending Judicial Board Proceedings The status of a student accused of misconduct shall not be altered and the right of a student to be present on campus and to attend classes shall not be suspended during the time of any disciplinary proceeding against the student unless the Chancellor or the Vice Chancellor for Student Affairs determine that suspension of the student is required for compelling reasons in order to protect the student's physical or emotional health or safety or for compelling reasons in order to protect the health, safety or welfare of other members of the University community. The status of an organization accused of misconduct shall not be altered during the time of any disciplinary proceeding against the organization, unless the Chancellor or the Vice Chancellor for Student Affairs determines that suspension of the organization from the University is required for compelling reasons in order to protect the health, safety or welfare of the University community.
• 5.5 Disqualification of a Board Member
  1. If any member of the Judicial Board feels that his or her relationship with either a disciplinary proceeding to be heard or any individual or organization involved in the proceeding would affect his or her ability to render a fair and impartial decision, such Judicial Board member shall disqualify himself or herself from participation in the proceeding. Additionally, a member may elect not to serve on the Judicial Board for a particular proceeding if the member in the exercise of reasonable discretion believes there may be an appearance of impropriety by his or her serving as a member of the Judicial Board for that proceeding.
  2. The student accused of misconduct or a student officer of the organization accused of misconduct may question any Judicial Board member with regard to his or her attitude or knowledge about the disciplinary proceeding to be heard. If a member of the Board is challenged for cause by the student or organization, the other members of the Board present shall, without the presence of the challenged member, vote upon the challenge. If a majority of the members present vote to sustain the challenge, the challenged member shall be excused from further participation in the proceeding. The foregoing shall not relieve the Judicial Board from the requirement of maintaining a quorum for the hearing as required by Section 5.3 above.
• 5.6 Judicial Board Hearings Closed All hearings of the Judicial Board shall be closed to the public in order to comply with the requirements of the Federal Family Educational Rights and Privacy Act.
• 5.7 Right to Separate Hearing In proceedings involving alleged misconduct against more than one student or organization, any student or organization accused of misconduct may request and shall be granted a separate disciplinary proceeding before the Judicial Board.
• 5.8 Hearings During 15th Week, Finals Week and Summer Sessions Judicial Board hearings may not be available during the last two weeks of each semester (Dead Week and Finals Weeks) and during summer school sessions. During these time periods the Vice Chancellor for Student Affairs may designate one or more hearing officers who shall be authorized to conduct hearings and render decisions in disciplinary proceedings in accordance with the procedures governing the Judicial Board.
• 5.9 Decisions The Judicial Board shall render a written decision in each proceeding in accordance with the requirements of Sections 7.1 and 7.2 of these Disciplinary Procedures.

6. Rules for Conduct of Judicial Board Hearing

• 6.1 General Judicial Board hearings shall be conducted in a manner which will provide substantial justice for the student or organization accused of misconduct and for the University community.
• 6.2 Order of Evidence and Closing Arguments Evidence shall be submitted in the following order: (i) evidence by the University in support of the alleged misconduct, (ii) evidence by the student or organization accused of misconduct, and (iii) evidence by the University confined to rebutting evidence presented by the student or organization. After the presentation of evidence the Judicial Officer shall be given the opportunity to present a closing argument followed by a closing argument by the student or organization.
• 6.3 Examination of Witnesses The student or organization accused of misconduct, the Judicial Officer and each member of the Judicial Board shall be allowed to hear and question all witnesses appearing at the hearing.
• 6.4 Attorney or Adviser Not Allowed to Participate in Hearing An attorney or other adviser for a student or organization accused of misconduct may be present at the hearing to counsel the student or organization, but may not directly participate in the hearing. Without limiting the generality of the foregoing sentence, an attorney or other adviser shall not be permitted to make oral presentations or arguments, examine or cross-examine a witness, or object to testimony of a witness or to introduction of other evidence.
• 6.5 Evidentiary Rules The Board shall not be bound by the formal rules of evidence applicable to a court of law. It may admit and give probative effect to evidence, including hearsay evidence, which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. Incompetent, irrelevant, immaterial and unduly repetitious evidence may be excluded. The Judicial Board shall designate one of its members to make rulings on admission of evidence.
• 6.6 Verbatim Record The Judicial Board shall make a confidential verbatim record of each hearing. Such verbatim record shall be made by tape recording or verbatim transcription by a court reporter and shall be the property of the University. Copies of such record may be obtained by an accused student or organization upon payment of the cost of duplication and used only for the purpose of an appeal under these Disciplinary Procedures or proceedings in a court of law. In no event shall the record of a Judicial Board hearing be used in a manner which violates the privacy rights of any student, University employee or other person.
• 6.7 Burden of Proof In all cases the University shall have the burden of proving the misconduct alleged against the student or organization by a preponderance of the evidence received at the hearing. Preponderance of the evidence is not determined by the number of witnesses who testify concerning a disputed fact, but rather is that amount of evidence which on the whole, and when fairly and impartially considered, produces the stronger impression on the Judicial Board and is more convincing of the existence of the fact when weighed against the evidence in opposition thereto. If the evidence concerning a disputed fact is evenly balanced or if it perponderates in favor of the accused student or organization, then the University will have failed to meet the required burden of proof. The Judicial Board is not limited to consideration of evidence introduced by the University in determining whether the University has met its burden, but should consider any evidence tending to establish the University's contention of a disputed fact, even though such evidence is introduced by another.

7. Judicial Board Decisions

• 7.1 Form of Decision After hearing a disciplinary proceeding the Judicial Board by a majority vote based upon the evidence received shall render a decision as follows:
  1. Not In Violation. Misconduct has not been proved; or
  2. In Violation. Misconduct has been proved. In this case the Judicial Board may decide not to impose a disciplinary sanction, if mitigating circumstances warrant that no sanction be imposed, or it may decide to impose disciplinary sanctions as follows:
     1. Warning
     2. Restitution
     3. Confiscation of Dangerous Weapons
     4. Conduct Probation
     5. Behavioral Requirement
     6. Suspension, or
     7. Expulsion
     Sanctions listed in 1 through 7 above may be combined. See Sanctions 5.1 through 5.7 of the Code of Conduct for a description of disciplinary sanctions. Sanctions imposed by the Judicial Board shall be commensurate with the gravity of the misconduct.
• 7.2 Written Decisions; Delivery The Judicial Board shall render its decisions in writing within ten (10) school days after the conclusion of a hearing. Each decision shall contain findings of fact as well as the Board's disposition of the proceeding and shall be delivered to the Office of the Vice Chancellor for Student Affairs together with the verbatim record of the Judicial Board hearing. A copy of the decision shall be mailed within one school day to the student or organization accused of misconduct at the address of record as verified at the hearing.
  
  In disciplinary proceedings involving crimes of violence, the judicial officers of the University of Nebraska-Lincoln will if, requested by the victims, disclose to the victims whether charges against students violating the Student Code of Conduct were upheld. The disciplinary sanctions imposed on the offenders may be disclosed to the victims at the discretion of the judicial officers. Violations of the Student Code of Conduct and Disciplinary Procedures which may be considered crimes of violence include: physical abuse, sexual assault, dangerous conduct, and hazing.

8. Supplemental Rules

The Judicial Board may adopt supplemental rules and regulations, not in conflict with the provisions of these Disciplinary Procedures, which the Board shall determine to be necessary for the fair and impartial conduct of its proceedings.

9. Rehearsing

A student or organization found guilty of misconduct by the Judicial Board may petition the Judicial Board to rehear the proceedings upon the discovery of new evidence within 90 days from the date of the decision of the Judicial Board, except that in cases of suspension a petition for rehearing request may be filed anytime during the term of suspension, and in cases of expulsion there shall be no time limit on the filing of a petition for rehearing. The Judicial Board will judge the sufficiency of the new evidence, and no appeal may be taken from its decision to either grant or deny the request to rehear the disciplinary proceedings. If a rehearing is granted the verbatim record of the original hearing shall be fully admissable as evidence. In the rehearing of a case the student or organization must bear the burden of proving that the original decision should be modified or rescinded because of the new evidence.

10. Judicial Board Membership and Term of Office

• 10.1 Membership The University Judicial Board shall have five student members and four faculty members. The ASUN Senate shall provide the Chancellor with fifteen recommendations from which he or she will select five regular student members and five alternate student members to serve on the Judicial Board. The Academic Senate shall provide the Chancellor with twelve recommendations from which he or she will select four regular faculty members and four alternate faculty members to serve on the Judicial Board. Members shall attend a Judicial Board training session prior serving on the Board.
• 10.2 Vacancies Vacancies on the Judicial Board, including temporary vacancies, may be filled by the Vice Chancellor for Student Affairs or his or her designee from the list of alternate members appointed by the Chancellor. Should the need arise, the Academic Senate and the ASUN Senate shall at the request of the Chancellor submit additional lists of alternate members to the Chancellor. Should the Academic Senate or the ASUN Senate refuse or for any reason fail to submit any of the above-mentioned lists of alternate members to the Chancellor when requested, the Chancellor shall directly make any appointment required to fill a vacancy on the Judicial Board.
• 10.3 Term of Office Members of the University Judicial Board shall be appointed for a term of one academic year from the first day of classes extending through the last day of classes. Members may be reappointed provided their names are included on the lists submitted to the Chancellor pursuant to Section 10.1. Members may not serve more than two consecutive terms.
• 10.4 Chairperson The Judicial Board shall select a student chairperson and a faculty chairperson, either of whom may preside at Judicial Board hearings.
• 10.5 Removal from the Judicial Board If any of the following situations occur, a member may be removed from the Judicial Board by the Vice Chancellor for Student Affairs:
  1. A member fails to respond to meeting notices more than twice in a single semester
  2. A student member is found to be in violation of the Student Code of Conduct.
  3. A member is found to be in violation of the privacy rights of any member of the University community who is involved in a disciplinary proceeding.

11. Appeals and University Appeals Board Procedure

• 11.1 Right of Appeal A student or organization found guilty of misconduct by the University Judicial Board or any subordinate judicial board shall have the right to appeal to the University Appeals Board which has exclusive appellate jurisdiction in all disciplinary proceedings.
• 11.2 Timeliness Any appeal must be submitted in writing to the University Appeals Board and received in the Office of the Vice Chancellor for Student Affairs within fourteen (14) calendar days after the date of mailing the Judicial Board decision to the student or organization accused of misconduct.
• 11.3 Issues to be Considered on Appeal The Appeals Board will only consider one or more of the following four issues on appeal:
  1. That the evidence received by the judicial board was not sufficient to establish the misconduct found.
  2. That the judicial board did not conduct its proceedings in a manner which permitted the student or organization accused of misconduct an adequate opportunity to present a defense.
  3. That sanctions imposed by the judicial board are not in keeping with the gravity of the misconduct.
  4. That the judicial board failed to follow the applicable disciplinary procedures and that as a result of such failure the student or organization did not receive a fair and impartial hearing.
  An appeal which does not clearly raise in writing one or more of the four issues listed above shall be dismissed without further consideration. The Appeals Board shall limit its review to the issue or issues raised in the written appeal and shall not address any issue not raised. The Appeals Board shall complete its review of the written appeal within 20 school days after its receipt, and shall promptly issue written notice of its decision to the student or student organization.
• 11.4 Oral Arguments In considering an appeal, the Appeals Board may ask both the student or organization making the appeal and the Judicial Officer to make an oral presentation. In this case the student or organization making the appeal shall first make an oral presentation followed by an oral presentation by the Judicial Officer. The Appeals Board may ask questions of both parties.
• 11.5 Record of Proceedings Before the Judicial Board Upon request by the Appeals Board, the Judicial Officer shall deliver to the Appeals Board the record of the judicial board proceedings, including the tape recording or written transcription of the judicial board hearing.
• 11.6 Disposition By Appeals Board After reviewing an appeal complying with the requirements of Section 11.3, the Appeals Board may decide as follows:
  1. Affirm the judicial board decision; or
  2. Order a rehearing before the Appeals Board following the hearing procedures applicable to the University Judicial Board if the Appeals Board finds (i) that the evidence received by the judicial board was not sufficient to establish the misconduct found, or (ii) that the proceedings of the judicial board were not conducted in a manner which allowed the student or organization an adequate opportunity to present a defense, or (iii) that the judicial board failed to follow the applicable disciplinary procedures and that as a result of such failure the student or organization did not receive a fair and impartial hearing; or
  3. Modify any sanction imposed by a judicial board if the Appeals Board finds that the sanction is not in keeping with the gravity of the misconduct found.
• 11.7 Status Pending Appeals Board Proceedings Any sanctions imposed by a judicial board shall be suspended until an appeal is decided by the University Appeals Board. The status of a student shall not be altered and the right of a student to be present on campus and to attend classes shall not be suspended during the time of any appeal proceeding unless the Chancellor or the Vice Chancellor for Student Affairs determines that suspension of the student is required for compelling reasons in order to protect the student's physical or emotional health or safety or for compelling reasons in order to protect the health, safety or welfare of other members of the University community. The status of an organization shall not be altered during the time of any appeal proceedings unless the Chancellor or Vice Chancellor for Student Affairs determine that suspension of the organization from the University is required for compelling reasons in order to protect the health, safety or welfare of the University community.
• 11.8 Quorum A quorum will consist of one faculty member and two student members. If a quorum is not present, the student or student officer of the organization, as the case may be, and the Judicial Officer may stipulate and agree in writing that the appeal may be heard by those Appeals Board members present even though a quorum has not been established.
• 11.9 Disqualification of an Appeals Board Member If any member of the Appeals Board feels that his or her relationship with either a disciplinary proceeding to be heard or any individual or organization involved in the proceedings would affect his or her ability to render a fair and impartial decision, such Appeals Board member shall disqualify himself or herself from participation in the proceeding. Additionally, a member may elect not to serve on the Appeals Board for a particular appeal proceeding if the member in the exercise of reasonable discretion believes there may be an appearance of impropriety by his or her serving as a member of the Appeals Board for that appeal proceeding. The foregoing shall not relieve the Appeals Board form the requirement of maintaining a quorum as required by Section 11.8 above.
• 11.10 Attorney or Adviser Not Allowed to Participate An attorney or other adviser for a student or organization may be present at any proceedings of the Appeals Board to counsel the appellant student or organization, but may not directly participate in the proceedings.
• 11.11 Verbatim Record The Appeals Board shall make a confidential verbatim record of its proceedings. Such verbatim record shall be made by tape recording or verbatim transcription by a court reporter and shall be the property of the University.
• 11.12 Appeals During 15th Week, Finals Week and Summer Sessions Appeals Board hearings may not be available during the last two weeks of each semester (Dead Week and Finals Week) and during summer school sessions. During these time periods the Vice Chancellor for Student Affairs may designate one or more hearing officers who shall be authorized to hear appeals and render decisions in accordance with the procedures governing the Appeals Board.
• 11.13 Appeals Board Proceedings Closed All proceedings of the Appeals Board shall be closed to the public.
• 11.14 Appeals Board Decision Final Decisions of the Appeals Board shall be final and may not be further appealed within the University.

12. Appeals and Board Membership and Term of Office

• 12.1 Membership The University Appeals Board shall have four student members and three faculty members. The ASUN Senate shall provide the Chancellor with eight recommendations from which he or she will select four regular student members to serve on the Appeals Board. The Academic Senate shall provide the Chancellor with six recommendations from which he or she will select three faculty members to serve on the Appeals Board. Members shall attend a Judicial Board training session prior to serving on the Board.
• 12.2 Term of Office Members of the University Appeals Board shall be appointed for a term of one academic year. Members may be reappointed provided their names are included on the lists submitted to the Chancellor pursuant to Section 11.1. Members may not serve more than two consecutive terms.
• 12.3 Chairperson The Appeals Board shall select a student chairperson and a faculty chairperson, either of whom may preside at Appeals Board hearings. 12.4 Removal from the Appeals Board. If any of the following situations occur, a member may be removed from the Appeals Board by the Vice Chancellor for Student Affairs:
  1. A member fails to respond to meetings notices more than twice in a single semester.
  2. A student member is found to be in violation of the Student Code of Conduct.
  3. A member is found to be in violation of the privacy rights of any member of the University community who is involved in a disciplinary proceeding.

13. Subordinate Judicial Board Structure

• 13.1 Subordinate Judicial Boards The Vice Chancellor for Student Affairs may require that subordinate judicial boards be established by the Director of University Housing in conjunction with the Residence Hall Association, and by the Director of Greek Affairs in conjunction with the Interfraternity Council and the Panhellenic Association. The disciplinary procedures under which a subordinate judicial board will function must be in conformity with these Disciplinary Procedures and shall not become effective until approved by the Vice Chancellor for Student Affairs. All subordinate judicial boards shall be established in accordance with the following requirements:
  1. Composition: Student members of a subordinate judicial board shall be nominated by members of the cognizant student governing or coordinating body and appointed by the Vice Chancellor for Student Affairs. Faculty and staff members of a subordinate judicial board shall be nominated by the cognizant director (University Housing or Greek Affairs) and appointed by the Vice Chancellor for Student Affairs.
  2. Term of Office: Members of the subordinate judicial board shall be appointed for a term of one academic year beginning the first day of classes and extending through the last day of classes. Each member has the obligation to attend an orientation session to be held before the first case may be heard.
  3. Quorum: Each subordinate judicial board will establish its own rules with respect to the quorum required to conduct a hearing.
  4. Staff Advisers: Subordinate judicial boards will have staff advisers from the appropriate departments within the Division of Student Affairs.
  5. Jurisdiction: Each subordinate judicial board will have limited original jurisdiction as provided in its disciplinary procedures over alleged violations of the Student Code of Conduct, University policies and regulations, regulations of the cognizant student governing or coordinating body and regulations of member organizations of the governing or coordinating body.
  6. Decisions: After hearing a case, a subordinate judicial board may decide as follows:
     1. Not Guilty. Misconduct has not been proved; or
     2. Guilty. Misconduct has been proved. In this case a subordinate judicial board may decide not to impose a disciplinary sanction, if mitigating circumstances warrant that no sanction be imposed, or it may decide to impose one or more of the following disciplinary sanctions:
        • Warning
        • Restitution
        • Conduct Probation
        • Behavioral Requirement
  7. Appeals: Appeals from decisions of a subordinate judicial board may be made to the University Appeals Board in accordance with Section 11 of these Disciplinary Procedures.
• 13.2 Jurisdictional Issues Issues relating to the jurisdiction of any subordinate judicial board shall be decided by the Vice Chancellor for Student Affairs.

14. Disciplinary Records

Transcripts of University academic records will not include information concerning disciplinary action, except in cases of expulsion. Information from disciplinary and counseling files will not be made available to unauthorized persons without the express written consent of the person involved or as otherwise authorized or required by law. Disciplinary records shall be destroyed seven years after the last sanction was imposed, except in case of expulsion, where disciplinary records shall be permanently maintained. Notwithstanding the foregoing, records of Honor Code violations of the College of Law shall be maintained only as provided by said Honor Code.

15. Readmission After Expulsion

Any student who has been expelled from the University under these Disciplinary Procedures may at any time after seven (7) years from the date of expulsion request readmission to the University by written petition to the Vice Chancellor for Student Affairs. If the Vice Chancellor for Student Affairs in the exercise of his or her discretion grants readmission, the student's prior disciplinary record of expulsion shall be destroyed.

This Code of Conduct was established in 1973. It was revised June 1980, June 1990, June 1995 and June 1999.