Article IX – Student Conduct Process

All students and student organizations are subject to the judicial procedures prescribed in this code.

A. Initiation of Charges. The Director of Residence Life/designee bears the responsibility for the initiation of student conduct procedures against a student for alleged misconduct. The Director of Residence Life/designee will review instances of reported misconduct to determine if the student conduct process should be initiated. Any member of the University community may register a complaint in writing with the Director of Residence Life/designee against a student for alleged violation of University policy. In the absence of sufficient information as determined by the Director of Residence Life, a complaint will be dismissed.

B. Notification of Charges. Once it is determined that student conduct proceedings will be initiated, all charges will be issued to the charged student. All charge notices will be (a) emailed to the student’s University e-mail account, (b) mailed to the on-campus address of the charged student, (c) mailed by certified, return receipt requested mail to the off-campus address on file in the University Registrar’s office, or d) hand delivered by a member of the Student Success staff and/or student staff. Notices sent by these methods will be presumed to be delivered unless returned as undeliverable. Students are responsible for ensuring that their mailing address of record is current and complete. Students are also responsible for checking their University assigned e-mail account. In some cases, the Director of Residence Life/designee may notify a student of charges in person.

C. Failure to Respond. The student will be considered properly notified when the formal charge letter scheduling a conference has been (a) e-mailed to the student’s University e-mail account, (b) mailed to the on-campus address of the charged student, (c) mailed by certified, return receipt requested mail to the off-campus address on file in the University Registrar’s Office, or d) hand delivered by a member of the Student Success staff and/or student staff. If the charged student has been properly notified of the charges and the student conduct conference date, and still does not attend the scheduled conference, a decision of responsibility will be made based upon the available information. No recommendation for the imposition of sanctions may be based solely upon the failure of the accused student to answer charges or appear at the conference.

D. Student Conduct Conference Procedures

1. The Director of Residence Life/designee is responsible for scheduling, coordinating, and presenting all cases. The Director of Residence Life/designee and Vice President for Student Success/designee shall determine if the alleged misconduct requires a hearing by the Student Conduct Board or an individual conference with the Director of Residence Life.

2. Options for Resolution of Student Conduct Charges. It should be clearly understood that there is a fundamental difference between the nature of student discipline and that of criminal law. Regardless of the options exercised for resolution of charges the discipline of students within the University community must be consistent with the educational mission of the institution. At the conference with the Director of Residence Life/designee, the charged student will have all the resolution options outlined below fully explained:

a. Accept responsibility for the charge(s) and elect for the Director of Residence Life/designee to determine appropriate sanction(s); or

b .Enter a statement of not responsible to the charge(s) and present evidence and testimony relevant to the charged student’s alleged violation and/or misconduct.

3. The Director of Residence Life/designee will exercise control over the conference to avoid needless consumption of time, repetition of information, and/or prevent the harassment or intimidation of participants. The conference can be recessed at any time by the Director of Residence Life/designee.

4. All conferences shall be conducted in an informal manner and technical rules of evidence will not be applied. Responsibility can only be determined if the Director of Residence Life/designee finds that it is more likely than not (based on a preponderance of evidence) that the accused is responsible.

5.Upon completion of the conference, the Director of Residence Life/designee shall, within a reasonable time [usually five (5) business days] make findings of fact and conclusions for the disposition of the case and sanctions to be imposed, if any. The student will be notified of the disposition of the case, sanctions and appeal process by (a) e-mail to the student’s University e-mail account, (b) mailed to the on-campus address of the student; or (c) mailed by certified, return receipt mail to the office campus address on file in the University Registrar’s office.

6.The Director of Residence Life/designee may impose sanctions up to and including Residence Hall Separation.

STUDENT CONDUCT BOARD

This student conduct process is confidential, but the decision is not necessarily confidential. The student may appeal this decision to the appropriate administrator (see “Appeals Process” within the Student Conduct section). In special cases requiring immediate action, the Vice President for Student Success or a designee may impose certain actions for the safety and welfare or the community. These actions will be temporary until the Student Conduct Board can be convened and a final outcome is determined. Such temporary actions must be reported to the Student Conduct Board and other appropriate administrators.

BOARD COMPOSITION

The Director of Residence Life/designee shall present the case for the institution at the Student Conduct Board hearing. Any student charged with a violation will receive written notification of the charges and the nature of the evidence. Hearings are non-adversarial (i.e. no attorneys), confidential, and shall not be considered analogous to court proceedings. Hearings will be conducted with simplicity and fairness, and will not be restricted to technical rules of substantive or procedural law. While the proceedings of the Student Conduct Board are confidential, its decision is not necessarily confidential.

Membership

The Student Conduct Board shall consist of the following voting members:

• Six (6) faculty members (appointed by the chair of the Faculty Senate). These six shall elect one member to serve as chairperson for the academic year. This chairperson will preside at all hearings and shall vote only in the case of a tie.
• Six (6) student members (appointed by the president of Student Senate).
• One student (1) representing Pierce, White and Swope Halls.
• One student (1) representing Grand and Liberty Halls.
• One student (1) representing Briscoe, Constitution, McCorkle Halls.
• Three (3) at large members.

Student members must be in good standing with Buena Vista University. Good standing means that the student may not be currently on disciplinary probation or have been previously on disciplinary probation within the last academic year. If a student conduct board member has a change in status during the term of appointment, he/she will be removed from the position and the president of the Student Senate will appoint an alternate to fill the vacancy.

It is encouraged that one (1) of the at-large positions be held by an off-campus student. The Student Senate president may represent one (1) of the student groups. Students in their first semester at Buena Vista University are not eligible. All faculty and students are appointed to the Student Conduct Board on an annual basis.

The chairperson shall select one faculty member and three students to serve at each hearing. This list shall be presented to the accused and to the Vice President for Student Success or his/her designee. Each may strike one member from the list. A member of the Board involved as a witness or in close relationship with the accused may not serve as a member of the hearing panel. The chair will then arbitrarily select a replacement from the existing constituent board members. The chairperson shall act as the fifth member of the hearing board and shall be in charge of the proceedings. The final list of hearing board members must then be sent to the accused and to the Vice President for Student Success or his/her designee for final signature.

Emergency changes in membership may be made so long as both parties agree in writing. Should an agreement not be reached between the parties, the hearing may be postponed by the chairperson for a reasonable time, usually five (5) business days. If no agreement has been reached, the chairperson will make appointments to the membership from the existing pool.

Hearing Procedures

A. The charged student is entitled to:

1) Appear in person, hear all information presented and present any relevant information, have a support person present, and call witnesses.

1. A witness must be a person who has firsthand knowledge of the event or actions in question.
2. Witnesses who wish to testify to the character of the student charged with the violations may not be called at this stage of the process.
3. The charged student must submit in writing the names of any witnesses that he/she wishes to give testimony. The list of witnesses must be submitted to the Director of Residence Life/designee at least 24 hours prior to the scheduled conference.
4. A support person can be anyone the respondent and/or the complainant wishes to fulfill that role, with the exception of an individual called upon to serve as a witness for either party. The role of the support person will be to consult with the individual he/she is there to support at reasonable intervals during the course of the conference. The support person may not address the Student Conduct Board or other persons at the he She/he may only address the chair of the Board and only with explicit approval in an exceptional circumstance by the chair of the Student Conduct Board.
5. If a charged student elects not to appear at the hearing, the hearing shall be conducted in the accused student’s absence.
6. If a charged student refuses to answer any questions or make a statement, the conference authority shall make its decision on the basis of information available at the time of the conference.
7. All conferences shall be conducted in private session. All statements, information, or comments given during the conference will be held in the strictest confidence by the student, the conference authority, the University staff, witnesses and advisors before, during, and after deliberation.
8. The proceedings shall be preserved by means of written and audio records. The audio record shall be destroyed six (6) months after the case has been resolved.

B. The chairperson has the authority to maintain order and control of all persons at the hearing. The chairperson may expel persons from the hearing whose conduct interferes with the proper procedures of the Board. In such an event, the hearing will continue without the expelled person(s).

The Director of Residence Life/designee shall call for meetings of the Judicial Board. The Director of Residence/designee will inform the accused of the convening of the Student Conduct Board meeting in a timely manner. After the hearing, the Conduct Board shall, within a reasonable time [usually five (5) business days] make findings of fact, conclusions of law and recommendations for the disposition of the case and sanctions to be imposed, if any, and forward to the Vice President for Student Success.

Within ten (10) business days following receipt of the conduct board recommendations the Vice President for Student Success shall review the findings and recommendations of the conduct board. The Vice President for Student Success is responsible to determine the final outcome of the case and notify the student in writing of the decision.

C. A secretary will be selected by the Board from its membership. This person is responsible for keeping accurate records of the case(s). These records are confidential as to specifics of the case(s) and person(s) involved, but not as to university rules or principles of conduct, whether the final decision is responsible or not responsible.

The secretary’s confidential record should include thorough notes during the hearing, summaries of the reasoning of the Board and copies of the charges, decision, and sanctions. A report, omitting all names but otherwise complete, shall become a part of the permanent record of the Student Conduct Board and be available to members of the Board so as to provide a guideline for future deliberations. The secretary must file results of the hearing with the Vice President for Student Success within two (2) business days after the adjournment of the proceedings.