CHAPTER TWO: 2400
STUDENT AFFAIRS POLICIES
UNIVERSITY DISCIPLINARY PROCESS FOR ALLEGED VIOLATIONS OF STUDENT CODE OF CONDUCT
PREAMBLE: This section outlines UI's student disciplinary system to inform students of the University process for resolving alleged violations of the Student Code of Conduct. In July 1993, membership and quorum was changed on the disciplinary review committee and in July 2008 the committee composition was moved into FSH 1640 Committee Directory. This section dates from the 1979 Handbook with relatively minor revisions as noted until 2014. In 2014 the Dean of Students Office, General Counsel, and a sub-committee of University Judicial Council and Faculty Senate, conducted a thorough review of all policies related to the Student Code of Conduct. All disciplinary language from FSH 2200 Statement of Student Rights and FSH 2300 Student Code of Conduct was consolidated into this policy and updated removing redundancies in policy. The objective of this policy is to provide a process that allows for fact-finding and decision-making that balances the rights of the individual with the legitimate interests of the University. For further information, contact the Dean of Students (208-885-6757). [rev. 7-08, 7-14]
A. INTRODUCTION. The purpose of the Student Code of Conduct is to educate students about their civic and social responsibilities as members of the University community. The primary focus of the disciplinary process is on educational and corrective outcomes; however, sanctions such as suspension or expulsion from the University may be necessary to uphold community standards and to protect the campus community. Any and all matters consistent with the Student Code of Conduct (“Code”) [FSH 2300] and the Statement of Student Rights [FSH 2200] are handled by the system under the following rules and regulation.
a. Advisor: the person of the student’s choosing who has agreed to advise a student during the University disciplinary process and attend scheduled meetings with the student. Students should choose an advisor who is available to attend any scheduled meetings, because advisor availability is not considered in scheduling meetings.
b. Days: days when the university is open for business, not including Saturday, Sunday, and University holidays. Time deadlines may be extended during breaks, University holidays, and for extenuating circumstances (e.g., non-Moscow locations) at the Dean of Students’ discretion.
c. DOS: the Office of the Dean of Students, which is responsible for the administration of the Student Code of Conduct, and includes the Dean of Students and his/her designees.
d. “Educational Setting” refers to all the academic, educational, extracurricular, athletic and other programs of the University of Idaho, whether those programs take place in a University facility, at a University class or training program, or elsewhere.
e. The Family Educational Rights and Privacy Act of 1974 (“FERPA”) is a federal law that governs the confidentiality of student education records.
f. Group: a number of students who are associated with each other, but who have not complied with University requirements for registration as an organization.
g. Interviews/meetings/hearings: Students at the Moscow campus will meet in person with DOS or hearing boards. Students at other locations will have the option to connect with DOS or hearing boards via visual medium (i.e. Lync or Skype). Exceptions may be made for extenuating circumstances.
(1)Any notice required by the Student Code of Conduct shall be provided in writing via email to the student’s official email account (i.e., *@vandals.uidaho.edu).
(2) Students who do not have an official email account will receive notice via any email account the student provided the university.
(3) Notice is deemed received the day after it is sent by email.
i. Organization: any number of persons who have complied with the formal requirements for University recognition.
j. Student: includes all persons admitted to the University, either full-time or part-time, to pursue undergraduate, graduate, or professional studies, and includes non-degree seeking students. The following persons are also considered “students”:
(1) Persons who withdraw after allegedly violating the Student Code of Conduct;
(2) Persons who are not officially enrolled for a particular term but who have a continuing relationship with the University;
(3) Individuals participating in the American Language and Culture Program;
(4) Individuals participating in Independent Study of Idaho sponsored by the University of Idaho.
k. Student Code of Conduct: herein referred to as “Code” (see FSH 2300).
l. SDRB: Student Disciplinary Review Board (see FSH 1640.93).
m. UI’s Office of General Counsel: herein referred to as “General Counsel” and includes any staff members.
n. University: University of Idaho, which includes all campus locations, extension programs, and distance education programs.
B. REVIEWING BODIES. The disciplinary system consists of the following: SDRB, Faculty Senate, President, and Regents.
B-1. SDRB. (see FSH 1640.93)
a. Scope of Responsibility.
(1) SDRB adjudicates the following:
(a) Any alleged violation of the Code that may not be appropriately handled within the living-group disciplinary body or that is not otherwise resolved by DOS.
(b) Any alleged violation of ASUI rules and regulations not specifically designated to be adjudicated elsewhere.
(c) Any matter that a living-group disciplinary body declines to adjudicate.
(2) SDRB adjudicates requests for review of decisions of living-group disciplinary bodies and requests for review of decisions of any ASUI disciplinary bodies.
b. Range of Sanctions. The SDRB has the full range of sanctions set forth in D below.
B-3. President. The President’s office adjudicates requests for review of Faculty Senate decisions.
B-4. Board of Regents. The Board of Regents adjudicates final decisions made at the institutional level in accordance with Board of Regents policies.
C. PROCEDURES: All deadlines provided below are default provisions and are subject to change by written agreement of both parties. Failure to abide by any deadline will not be grounds for dismissal of the allegations.
C-1. Reporting of Alleged Violations and Initial Investigation by DOS.
a. Reporting Alleged Violations. Any person who has knowledge of an alleged violation of the Code should inform DOS of such alleged violation as soon as possible.
b. Initial Investigation. DOS shall receive all reports of alleged violations and investigate to determine whether the allegation is credible.
(1) Students who are suspected of violations may be interviewed by DOS,
but they must be informed by DOS at the beginning of such interview of the right
to not speak to DOS and the reason for the interview. No form of coercion or
harassment shall be used in the interview.
(5) DOS may delay fact-finding while law enforcement authorities are gathering evidence; once notified that law enforcement has completed gathering evidence, DOS must promptly resume fact finding. DOS may not await the ultimate outcome of a law enforcement investigation or the filing of charges before resuming or beginning fact finding.
c. Notice of Alleged Violation. If DOS determines that the allegation is credible, DOS shall provide the student accused of violating the Code with written notice of the allegation. Such notice shall include:
(1) the alleged misconduct,
(7) a statement that the investigation and determination regarding the allegation will proceed regardless of whether the student speaks with DOS.
d. Meeting with DOS. The student is given an opportunity to meet with DOS regarding the allegations, unless DOS has already interviewed the student (see C-1. b above). Except where the student agrees otherwise, the meeting with DOS may be scheduled no sooner than 2 days after receiving notice by email.
At this meeting, the student is given the opportunity to give his/her account of the incident leading to the allegation(s), and to provide DOS with the names and contact information of individuals who have personal knowledge of the incident or circumstances pertaining to the allegation(s). The student may have an advisor present at this meeting. If the student does not appear for his/her meeting and fails to contact DOS to reschedule before the meeting time, it will be presumed that the student has exercised his/her right to not speak to DOS.
e. Investigation & Determination.
After the meeting time has passed, DOS shall continue its investigation of the
allegations. DOS may speak with witnesses of
the alleged incident, as well as the persons injured by the alleged violation.
Any witness or other person having knowledge of the alleged violation may
provide DOS with any relevant information or materials.
When allegations include sexual harassment or gender based harassment, both
parties should receive periodic updates from DOS. Many factors influence the
time spent on investigating allegations with most being concluded within 60 days
following receipt of the allegation(s).
Once the investigation is concluded, DOS shall make a finding as to whether the alleged violation occurred by a preponderance of the evidence (the “standard”). If DOS finds that the alleged violation occurred by that standard, DOS shall determine the appropriate sanction(s) and provide the student with written notice of the determination, the factual basis for the determination, any sanction(s) and information referencing this policy and timeframe.
(1) If the student accepts the determination made by DOS and the sanctions imposed, the student will sign an agreement to that effect within 5 days of receiving notice of the determination and sanctions. This agreement will contain language that informs the student of the following:
(i) that the determination and sanctions are final;
(2) If the student does not accept the determination made by DOS and the sanctions imposed, and does not sign an agreement to that effect within 5 days of receiving notice of the determination and sanctions, then:
(i) If the sanctions determined appropriate by DOS does not
include suspension, expulsion, or withholding or revoking a degree, then the
process continues in accordance with C-2.
(3) At the conclusion of each semester, DOS shall provide a descriptive written report to the SDRB summarizing the accepted determinations entered into during the course of the semester. This report will also be forwarded by DOS to the Faculty Secretary.
(4) When allegations include sexual harassment or gender based harassment both parties receive a response regarding the outcome of the complaint within 10 business days following the decision.
C-2. Requests for a SDRB review for sanctions other than suspension, expulsion, or withholding or revoking a degree.
a. The student must submit a written request for a SDRB review to DOS no later than 5 days after the student receives notice of the determination and sanctions via email. Any student who fails to submit the written request for a SDRB review by the deadline will be informed by DOS of the following in a Failure to Seek Review Letter:
(1) that the determination and sanction imposed by DOS is the final institutional decision,
(2) that the sanctions go into effect immediately, and
(3) that the student may request a review by the Board of Regents pursuant to C-9.
b. The written request for a SDRB review must cite at least one of the following reasons for the review and must provide supporting arguments and documentation as to why a SDRB review should be granted on those grounds:
(1) DOS failed to properly investigate the allegation and such failure was both substantial and to the student’s detriment;
(2) There is such a clear factual error that DOS could not possibly find that a violation of the Code occurred
(3) The sanctions are excessive for the violation given the circumstances. Simple dissatisfaction with a sanction is not grounds for appealing a sanction under this provision;
(4) New information that could substantially affect the outcome of DOS’s investigation and determination has been discovered since the determination was made. The information must have been unavailable at the time of DOS’s investigation. Failure to inform DOS of information that was available is not grounds for requesting a SDRB review under this provision;
(5) DOS committed a substantial procedural error that materially impacted its investigation and determination to the student’s detriment.
c. DOS shall provide the Chair of SDRB with all received requests for a SDRB review, along with a statement of whether DOS believes each received request meets the requirements above.
d. SDRB shall review each request for a review within 5 days of receipt and make an initial determination of whether the request meets the requirements above.
(1) For requests that fail to meet the requirements above, SDRB will deny the request and inform both the student and DOS of its decision. The determination made by DOS and the sanctions imposed will become final, this is deemed a final institutional decision, and the student may request a review by the Board of Regents pursuant to C-9, within 5 days of receiving notice of the SDRB denial.
(2)For requests that meet the requirements above, SDRB will determine whether to adjudicate the request based on written submissions only, or whether to adjudicate the request through a hearing, and will inform both the student and DOS of its determination. SDRB may request additional information or documentation from the student or DOS independent of the form of adjudication chosen.
(i) For reviews involving written submissions only, SDRB will
provide DOS with a reasonable amount of time to present any information or
materials (generally no more than 5 days).
C-3. Scheduling a SDRB hearing for a student sanctioned with suspension, expulsion, or withholding or revoking a degree.
a. DOS will notify the Chair of SDRB that a hearing is necessary because the student did not agree to the determination made by DOS and the sanctions included suspension, expulsion, or withholding or revoking a degree.
b. Except in extraordinary circumstances, the Chair of SDRB will schedule the hearing to occur no later than 10 days after being notified by DOS of the need for a hearing, at a time that does not conflict with the student’s class schedule. Both DOS and the student may have an advisor present at the hearing. However, SDRB shall not consider the availability of any advisor in setting the hearing date and time.
c. Both the student and DOS must submit any materials intended to be introduced and considered at the hearing to both SDRB and the other party by noon pacific time of the day before the hearing. Only materials submitted to both the Chair of SDRB and the other party by the deadline may be introduced and considered at the hearing. The hearing will be conducted in accordance with C-4.
C-4. SDRB Disciplinary Hearing Process: The purpose of a SDRB hearing is to determine whether it is more likely than not that the student violated the Code.
a. In hearings involving more than one student, the SDRB chair has the discretion to permit the hearings concerning each student to be conducted separately.
b. The chair of SDRB may issue a notification to any UI student requiring such individual to appear at a SDRB hearing as a witness. Such notification will be delivered in accordance with A-1.f. The notification shall inform the student that it is a violation of the Code to
(1) fail to appear or to refuse to speak as a witness, unless such act would force the student to speak against him/herself, in which case the student must promptly notify the chair of SDRB that the student will not appear or speak for this reason;
(2) disrupt, impede, threaten, or disregard the procedures of the SDRB; and
(3) provide information to the SDRB that the student knows or should know to be false.
When a student notifies the chair of SDRB pursuant to (1) above, the chair shall promptly notify both parties.
c. A student’s failure to appear at the SDRB hearing or to speak as a witness will have no bearing on the question of whether the student violated the Code and may not be used to conclude that a violation occurred, except as to allegations of failure to appear (see FSH 2300 Article I.A-5.h).
d. SDRB shall record the audio of the SDRB hearing. The audio record will be the property of the UI, will be maintained by DOS, and will be used in accordance with applicable privacy laws.
e. Relevancy is the only criteria by which information submitted is evaluated. Relevancy is determined by the Chair of SDRB. All oral or written information statements, records, etc., as well as copies of the same, shall be considered by members of the SDRB as long as the Chair of SDRB determines that such items are relevant.
(1) Second-hand information is relevant if it is of the type commonly relied upon by prudent persons in the conduct of their affairs.
(2) Character witnesses who lack knowledge of the incident being heard or circumstances pertaining to the allegation(s) lack relevant information and therefore may not be witnesses at the hearing.
(3) Any person present at the SDRB hearing may ask the Chair of SDRB to determine whether any oral or written information, statement, record, etc. or question or answer is relevant.
(4) All questions regarding SDRB hearing procedures and determinations of relevancy are subject to the final decision of the Chair of SDRB.
f. The Chair of SDRB may request assistance by General Counsel regarding any questions of SDRB hearing procedures and determinations of relevancy.
g. Hearings shall be conducted in private. The following individuals are permitted at a SDRB hearing:
(1) the student,
(2) the student’s advisor,
(3) members of the SDRB,
(5) DOS’s advisor,
(6) General Counsel,
(7) persons who reported or were injured by the alleged violation, and their advisor,
(8) except for the student and the persons who were injured by the alleged violation, witnesses are allowed only during their testimony,
(9) any person approved by the chair.
h. If the student fails to appear at the SDRB hearing despite proper notice, DOS shall present any information, materials, and witnesses to support its determination of a violation of the Code. Based on the DOS presentation, the SDRB shall make its determination.
i. The Chair
of SDRB shall ensure the smooth operations of the SDRB hearing, and may remove
any individual who disrupts the SDRB hearing.
j. DOS has the responsibility of providing sufficient information, materials, and witnesses to support its assertion that the student violated the Code. The student has no obligation to provide any information, materials, or witnesses, and is presumed to not have violated the Code
k. Generally, the SDRB hearing shall be conducted in the following order:
(1) The Chair of SDRB will ask each individual present at the SDRB hearing to identify him/herself by providing his/her name and role at the SDRB hearing
(2) The Chair of SDRB will remind the student of:
(i) the right to have an advisor,
(ii) the right to refuse to speak as a witness, and
(iii) that the refusal to speak as a witness will have no bearing on the question of whether the student violated the Code and may not be used to conclude that a violation occurred
(3) DOS will have the opportunity to make any opening remarks.
(4) The student will have the opportunity to make any opening remarks.
(5) DOS will have the opportunity to present any information, materials, and witnesses.
(i) The student and SDRB members will have the opportunity to ask questions of any witnesses, except as described in (ii) below.
(ii) When the allegations involve sexual harassment or gender-based harassment, neither the student nor his/her advisor will be permitted to directly question the persons injured by the alleged violation. Instead, questions from the student or his/her advisor may be submitted in writing to the Chair of SDRB who will ask any questions determined to be relevant.
(6) The student will have the opportunity to present any information, materials, and witnesses.
(7) DOS and SDRB members will have the opportunity to ask questions of any witnesses.
(8) DOS will have the opportunity to make any closing remarks.
(9) The student will have the opportunity to make any closing remarks.
(10) DOS will have the opportunity to respond to the student’s closing remarks.
(11) The SDRB shall meet in a closed session to discuss and make its decision. The chair of the SDRB, or the designee in the event of absence of the chair, is permitted to vote only in the event of a tie vote.
C-5. Results of SDRB.
a. Within 3 days of completing its adjudication, whether through written submission only or through a hearing, SDRB will issue a written determination of its findings to the student and DOS.
(1) The SDRB decision must be based on a majority vote,
(2) For SDRB review of matters involving sanctions other than suspension, expulsion, withholding or revoking a degree, the SDRB decision must
(i) identify the stated basis for SDRB review,
(3) For SDRB review of matters involving sanctions of suspension, expulsion, or withholding or revoking a degree, the SDRB decision must
(i) state whether the DOS conclusion that the student more
likely than not violated the Code is supported by the information, materials,
and witnesses presented at the SDRB hearing, and
(4) SDRB can:
(i) uphold the decision and sanction(s),
b. As to students whose sanctions do not
include suspension, expulsion, or withholding or revoking a degree, the SDRB
decision is the final institutional decision and any sanctions go into effect
immediately. Such SDRB decision may be appealed to the Board of Regents pursuant
C-6. Requests for Review by Faculty Senate.
a. Written requests for a faculty senate review must be delivered to DOS no later than 3 days after the student is provided notice of the SDRB determination via email. Any student who fails to submit the written request for a faculty senate review by the deadline will be informed by DOS of the following in a Failure to Seek Review Letter:
(1) that the determination and sanction imposed by SDRB is the
final institutional decision,
b. The written request for review must cite at least one of the below reasons and must provide supporting arguments and documentation as to why a faculty senate review should be granted on those grounds:
(1) SDRB could not reasonably determine that there was no
substantial and detrimental failure to properly investigate by DOS;
c. DOS shall provide the Faculty Senate
Leadership with all requests for a senate review, along with a statement of
whether DOS believes each request meets the requirements above.
(1) For requests that fail to meet the requirements above, the
Faculty Senate Leadership will deny the request and inform the student, the
Chair of SDRB, and DOS of its decision. The determination made by the SDRB will
become final and the sanctions imposed will become effective immediately as of
the original date of the SDRB determination, this is deemed a final
institutional decision, and the student may request a review by the Board of
Regents in accordance with C-9.
e. The senate review panel is a review of the
materials submitted only; there is no hearing, although the panel may request
additional materials from the parties.
C-7. Results of Faculty Senate Review Panel.
a. Except in extraordinary circumstances, the review panel will review all materials submitted, and provide a written decision to both parties within 10 days of receiving all the materials from DOS.
(1) The review panel’s decision must
(i) be based on a majority vote,
(2) The review panel can:
(i) uphold the SDRB decision,
b. If the decision of the senate review panel is to uphold the SDRB decision the sanctions are effective immediately as of the original date of the SDRB determination.
C-8. Request for Review by the President.
a. Students whose sanctions include suspension, expulsion, or withholding or revoking of a degree may request a review of the faculty senate decision by the president.
b. Written requests for review by the
president are accepted and must be delivered to both DOS and the President’s
office no later than 3 days after the student is provided notice of the faculty
senate determination via email.
C-9. Requests for Review by the Board of Regents.
Any student may appeal a final institutional decision to the Board of Regents in
accordance with Idaho State Board of Education Governing Policies and Procedures
a. The decision contained clear factual error;
b. Sanctions imposed by the decision are insufficient for the violation given the circumstances. Simple dissatisfaction with a sanction is not grounds for appealing a sanction under this provision;
c. New information that could substantially affect the outcome of the decision has been discovered since the determination was made;
d. The decision contained substantial procedural error.
C-11. Disclosure of Outcome Involving Sexual Harassment and Gender Based Harassment.
a. Both parties will be notified, in writing,
of the outcome of an alleged violation and any review. “Outcome” for these
purposes means whether the harassment was found to have occurred. The University
will only disclose information to the harassed student about the sanctions
imposed when they directly relate to the harassed student, such as a sanction of
no contact with the complainant.
D-1. The following sanctions may be imposed upon any student determined to have violated the Code:
a. Warning: a written notice to the
D-2. More than one of the sanctions listed
above may be imposed for any single violation.
D-7. Sanctions imposed for alcohol related violations:
First infraction: Open container or minor in possession violations.
Sanction: Completion of educational program.
First infraction: Illegal distribution of alcohol.
Sanction: Completion of community service, period of probation, and educational programs.
Second Infraction: Without injury; or without conduct likely to lead to injury.
Sanction: Completion of a treatment and/or educational program.
Second Infraction: With injury; or conduct likely to lead to injury.
Sanction: Notification to the criminal justice system, strict probation, and, a treatment or educational program.
Third Infraction: Without injury; or without conduct likely to lead to injury.
Sanction: Referral to the appropriate administrative body of the institution for appropriate action, which must include, at least, suspension from school for one semester.
Third Infraction: With injury; or conduct likely to lead to injury.
Sanction: Referral to the appropriate administrative body of the institution for appropriate action, which must include, at least, referral to the criminal justice system and expulsion from the institution for one year
E. INTERIM SUSPENSION. In certain circumstances, the Dean of Students may impose an interim suspension on a student prior to completing the investigation described in C-1.e. The interim suspension is effective immediately. During the interim suspension, the student shall be denied access to the residence halls and/or to the campus (including classes) and/or all other University activities or privileges for which the student might otherwise be eligible, as the Dean of Students may determine to be appropriate and as provided in the written notice.
E-1. Interim suspension may be imposed only:
a. To ensure the safety and well-being of members of the University community or preservation of University property;
b. To ensure the student’s own physical or emotional safety and well-being; or
c. If the student poses an ongoing threat of disruption of, or interference with, the normal operations of the University.
E-2. A student placed on interim suspension shall be given written notice of this action, which shall include:
a. the reasons for the interim suspension, and
b. information concerning the right to appeal the decision for interim suspension.
E-3. Interim Suspension Review Process:
a. The student must submit a written document to DOS outlining the basis for the review and supporting documentation and/or other information.
DOS will submit all documents received, as well as DOS response, to the Chair of
SDRB within 1 day of receiving the student’s documents.
c. The Chair of SDRB and at least two other SDRB members will review all submitted materials and render a decision within 3 days. This decision is a final institutional decision subject to review by the Board of Regents in accordance with C-9.