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      • 5.1.7

        Student Admits Violation

        • 5.1.7.1

          If the student admits to the violation, the Conduct Proceedings Officer may:

          • a)

            Issue a sanction

          • b)

            Order that the sanction be set by a University Hearing Officer, or

          • c)

            Enter into a written, mutually acceptable, behavioral contract with the Student and/or

          • d)

            Refer the student for counseling.

        • 5.1.7.2

          The student charged or the person or group who first brought the charge, or the university, may appeal the sanction (except the terms of a behavioral contract), by a letter delivered to the Office of the Conduct Proceedings Officer or University Hearing Officer within five (5) business days after the Conduct Proceedings Officer has set the sanction. Since admission of the violation by the student is a prerequisite to the Conduct Proceedings Officer acting under this section, such an appeal will only be as to the appropriateness of the sanction and not the fact of whether the violation occurred. Once a student admits a violation for which there is an automatic sanction, the sanction is automatically imposed and only the terms of a suspension may be appealed. The appeal is to the Appeals Board.

      • 5.1.8

        Student Does Not Admit Violation After discussion with the student, the Conduct Proceedings Officer may determine that the matter requires no further action. The Conduct Proceedings Officer will refer the matter for hearing if:

        • 5.1.8.1

          The student denies the charge and the Conduct Proceedings Officer determines the matter may be reason for discipline.

        • 5.1.8.2

          The student chooses not to discuss the matter at the discussion offered by the Conduct Proceedings Officer. The student will be notified of the date and time of the hearing.

      • 5.1.9

        Alternative Resolution

        • 5.1.9.1

          Mutual Settlement. In lieu of referral to a hearing, the Conduct Proceedings Officer may offer or accept mutual settlements of any charged violations under this code. Settlements shall be in writing stating the conditions of the agreement and any sanctions imposed. Agreements will be signed by the student being charged and the Proceedings Officer.

Cases not settled in a timely manner shall proceed to a hearing. Mutual settlements may not be appealed.

        • 5.1.9.2

          Counseling. In lieu of, or in addition to, a sanction or referral to a hearing the Conduct Proceedings Officer may refer the student for psychological counseling.

        • 5.1.9.3

          Behavioral Contract. In lieu of, or in addition to, a sanction or referral to a hearing, the Conduct Proceedings Officer may arrange a behavioral contract with the student. A behavioral contract is a mutually acceptable agreement between the University and a student that specifies certain behavior with which the student must comply, and specifies automatic sanctions which may be imposed if the contract is broken. If the contract is broken, as determined by a finding of fact under procedures set forth in Article 5 herein, the student may be suspended from the University as determined by the Conduct Proceedings Officer. In cases where suspension is automatic under the terms of a behavioral contract, a hearing to determine if the contract has been broken will be on fact only.

        • 5.1.9.4

          Referral to Behavioral Evaluation Team. In lieu of referral to a hearing, the Conduct Proceedings Officer and the student may agree to referral to a process provided by the Behavior Evaluation Team. This option is available in situations where the alleged conduct of the student appears to be related to a mental disorder or emotional problem.

    • 5.2

      Hearings

There are two hearing forums: The University Hearing Officer and the University Hearing Body. The Conduct Proceedings Officer will assign a case to one of these forums, except that in cases where there is potential for a sanction of suspension or dismissal, the student may choose which hearing forum will hear the case. The student will have two (2) business days from the date of the meeting with the Conduct Proceedings Officer to make a final choice in writing to

Appendix I

137

the Conduct Proceedings Officer. If no such timely choice is made, the Conduct Proceedings Officer will designate whether the case will be heard by a Hearing Officer or Hearing Body. The student will be notified of the time and date of the hearing.

      • 5.2.1

        University Hearing Officer

        • 5.2.1.1

          One or more University Hearing Officers will be appointed by the President or the President's designee and must participate in the appropriate training sessions regarding the Code of Student Rights, Responsibilities and Disciplinary Proceedings.

        • 5.2.1.2

          The University Hearing Officer will be assigned by the President or the President's designee to hear the case.

        • 5.2.1.3

          The University Hearing Officer, based on the information presented at the hearing, determines whether the student charged violated the student conduct regulations, and sets the sanction, when applicable. Failure to complete the terms of the sanction may result in suspension from the university as determined by the Conduct Proceedings Officer. Certain violations have automatic sanctions imposed according to Section 4.4. In such cases, the University Hearing Officer will decide if a violation has occurred and, if so, the terms of a mandatory suspension.

      • 5.2.2

        University Hearing Body

        • 5.2.2.1

          The University Hearing Body consists of one University Hearing Officer and two students.

        • 5.2.2.2

          The students will be selected from a pool of students who are selected by the President or the President's designee in consultation with Student Government Association and must participate in the appropriate training sessions regarding the Code of Student Rights, Responsibilities and Disciplinary Proceedings.

        • 5.2.2.3

          The University Hearing Body, based upon the information presented at the hearing, determines whether the student charged violated student conduct regulations, and sets the sanction, when applicable. Failure to complete the terms of the sanction may result in suspension from the university as determined by the Conduct Proceedings Officer. Certain violations have automatic sanctions imposed according to Section 4.4. In such cases, the University Hearing Body will decide if a violation has occurred and, if so, the terms of a mandatory suspension.

      • 5.2.3

        Hearing Procedures

        • 5.2.3.1

          In all disciplinary hearings, the burden of proof rests with the Conduct Proceedings Officer, who must prove by a preponderance of evidence that a violation has occurred.

        • 5.2.3.2

          The student charged may have an advisor of the student's choice present at the hearing. If the student's advisor is an attorney, the student must notify the Conduct Proceedings Officer of this at least three (3) business days in advance of the hearing. The advisor's role is limited to providing advice to the student. The advisor is not permitted to ask or answer questions or make oral arguments. Any case presented must be made by the student.

        • 5.2.3.3

          A record of the hearing, made by tape recorder, will be kept by the Conduct Proceedings Officer at least until the appeal time is exhausted. If either the University or the student requests another type of record of the hearing be made, this may be done at the cost of the requesting party provided the type of recording does not interfere with the hearing.

        • 5.2.3.4

          A University Hearing Officer presides at all hearings.

        • 5.2.3.5

          Procedures at hearings will be communicated to the student charged at least twenty-four (24) hours before the hearing.

        • 5.2.3.6

          The Hearing Officer or Hearing Body will issue a written decision within three (3) business days stating if a violation has been found, what facts support this finding, and the sanction to be imposed if a violation has been found.

        • 5.2.3.7

          A copy of a decision by the University Hearing Body or University Hearing Officer will be mailed to the student within two (2) business days from the date the decision is made. The Conduct Proceedings Officer will coordinate procedures for communicating the decision.

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