Any member of the Institute community may refer students or student groups or organizations suspected of violating this Code to the Dean of Student Affairs or designee. Allegations of violations occurring within residence halls should be referred to the responsible administrator in the Office of Residential Life. A charge shall be written and directed to the Dean of Student Affairs. Any charge should be submitted as soon as possible after the alleged violation takes place, preferably within three (3) days of the violation.
Those referring cases are normally expected to serve as complainant and to present relevant evidence in disciplinary hearings or conferences. In extenuating circumstances, an affidavit may be accepted in lieu of a personal appearance.
Reports of staff and faculty violation of this Code should be referred to the Director of Human Resources or as described according to the Institute Compliance Program.
Students referred for a hearing before the Student Affairs Committee of the Faculty may request instead to have their cases resolved through a disciplinary conference. The full range of sanctions may be imposed, including suspension or expulsion from the Institute.
The Student Affairs Committee of the Faculty is the body designated by the Institute for formal disciplinary hearings. The Committee is comprised of faculty, students, and administrators.
Ad Hoc Hearing committees may be appointed by the Dean of Student Affairs whenever the Student Affairs Committee of the Faculty is not constituted, otherwise unable to hear a case, or an immediate decision is needed. Ad hoc committees may be composed of administrators, faculty, students, or any combination thereof.
Students accused of offenses that may result in penalties less than expulsion or suspension from the Institute are subject to a disciplinary conference in the Department of Student Development. A disciplinary conference is an informal process designed to gather and consider relevant information regarding alleged violations of the Code and to determine a sanction, if applicable. Students accused of offenses that may result in suspension or expulsion from the Institute will be referred for a formal hearing to the Student Affairs Committee of the Faculty or an appropriate administrative hearing officer. Every effort will be made to expedite proceedings pursuant to allegations within a reasonable period.
A disciplinary hearing is a formal process conducted by the Student Affairs Committee of the Faculty or another appropriate hearing officer or body as determined by the Dean of Student Affairs or designee. This formal process is designed to gather and consider relevant information regarding the alleged violation/s of the Code and to determine a sanction/s, if appropriate. Students who are accused of offenses that may result in a penalty of suspension or expulsion from the Institute are subject to a disciplinary hearing. Every effort will be made to expedite proceedings pursuant to allegations within a reasonable period.
The following procedural guidelines shall be applicable in disciplinary hearings:
14.1 Respondents shall be given notice of the hearing date and the specific charges against them at least five (5) calendar days in advance.
14.2 The respondent will have reasonable access to the case file prior to and during the hearing; personal notes of Institute staff members or complainants are not included. This file will be retained in the Department of Student Development.
14.3 The presiding person may call witnesses upon the motion of any hearing body member or of either party and shall summon witnesses upon request of the Department of Student Development, and shall be personally delivered or sent by certified mail, returned receipt requested.
14.3.1 Institute students and employees are expected to comply with such summons, unless compliance would result in significant and unavoidable personal hardship or substantial interference with normal Institute activities. In such cases a signed affidavit can be substituted pursuant to Section 14.14.
14.3.2 Failure to comply with said requests may result in sanctions against the summoned witness as per Section 126.96.36.199.
14.3.3 Witnesses that provide false information can be charged with violation of Section 188.8.131.52 of this Code.
14.4 In the event that the respondent fails to appear after proper notice, the hearing will proceed, as scheduled, in the absence of the respondent.
14.5 Hearings will be closed to the public.
14.6 The presiding person shall exercise control over the proceedings to avoid needless consumption of time and to achieve orderly completion of the hearing. Any person, including the respondent, who disrupts a hearing, may be excluded by the presiding person.
14.7 Hearings shall be tape recorded.
14.8 Any party may challenge a member of the hearing body on the grounds of personal bias. Ad hoc committee members may be disqualified by the Dean of Student Affairs and Student Affairs Committee members may be disqualified upon majority vote of the remaining members of the Committee.
14.9 Witnesses shall be asked to affirm that their testimony is truthful and may be subject to charges of intentionally providing false information to the Institute, pursuant to Section 184.108.40.206 of this Code.
14.10 Prospective witnesses, other than the complainant and the respondent, may be excluded from the hearing during the testimony of other witnesses. All parties, the witnesses, and the public shall be excluded during Committee deliberations.
14.11 Finding the respondent responsible shall be established by evidence which, when fairly considered, produces the stronger impression, has the greater weight, and is more convincing as to its truth when weighed against the evidence in opposition thereto.
14.12 Formal rules of evidence shall not be applicable in disciplinary proceedings conducted pursuant to this Code. Unduly repetitious or irrelevant evidence may be excluded, as determined by the presiding person.
14.13 Complainants and respondents shall be accorded all opportunity to question those witnesses who testify for either party at the hearing.
14.14 Affidavits shall only be admitted into evidence if signed by the affiant and witnessed by the Dean of Student Affairs or notary public pursuant to Section 14.3
14.15 Every statement or assertion need not be proven. Committee members may take notice of matters that would be within the general experience of Institute students and faculty members.
14.16 A finding of responsible shall be followed by a deliberation as to sanction. The past disciplinary record of the respondent will only be supplied to the hearing body after a determination of responsible.
14.17 Any finding of responsible will be supported by written findings that will be placed in the case file and made available to the respondent.
Representation is not permitted in Institute disciplinary hearings or conferences. Respondents may be accompanied by an adviser, of their choosing, only in the following circumstances:
a) the respondent is referred for a formal hearing; or
b) the respondent is assigned to an informal disciplinary conference, and criminal charges arising out of the same incident have been filed. The role of advisers shall be limited to consultation with respondents; advisers may not address nor question anyone else at a hearing or conference.
Student groups and organizations may be charged with violations of this Code.
16.1 A student group or organization and its officers may be held collectively and individually responsible when violations of this Code by those associated with the group or organization have received the consent or encouragement of the group or organization or of the group’s or organization’s leaders or officers.
16.2 The officers or leaders or any identifiable spokesperson for a student group or organization may be directed by the Dean of Student Affairs or a designee to take appropriate action designed to prevent or end violations of this Code by the group or organization. Failure to make reasonable efforts to comply with the Dean of Student Affair’s or designee’s directive shall be considered a violation of Section 3.6.14 of this Code, both by the officers, leaders, or spokesperson for the group or organization and by the group or organization itself.
16.3 The officers or leaders of a student group or organization in violation of this Code will be subject to a disciplinary conference or hearing in the Department of Student Development.
16.4 Sanctions for group or organization misconduct may include revocation or denial of Institute recognition, as well as other appropriate sanctions, pursuant to Section 5 of this Code.
16.5 Sanctions may be appealed according to Section 17 of this Code.
Any disciplinary determination may be appealed by the respondent to the Provost or designee. Requests for appeals must be submitted in writing to the Provost or designee within five (5) business days from the date of the letter notifying the respondent of the original decision. Failure to appeal within the allotted time will render the original decision final and conclusive.
The Provost or designee will not conduct a re-hearing of the case, but will consider an appeal based on the respondent’s claim of one, or more of the following:
a) unfair or prejudiced hearing;
b) presence of relevant new evidence or information, not available at the time of the conference or hearing,
c) sanction out of proportion to the offense. The Provost or designee may uphold or reverse a ‘found responsible’ decision, reduce a sanction, or refer the case for re-hearing.