51. Student Conduct Separation and Appeal

(Revised: 2015)

The decision as to which procedure to utilize for a grievance filed by a student shall be made solely by the University and shall be based on the fact pattern of each particular case. Each grievance shall be directed to a specific procedure and shall be accorded only one opportunity to be adjudicated unless the appeal body remands for further review.

Rules

Rules regarding the University Discipline Code and related actions are listed in Part II, Student Life Rules.

Grievance Procedures

51.1. A student who has been assessed a conduct sanction of expulsion or suspension from the University by the Offices of Student Affairs or the Superintendent may file an appeal with the Assistant Vice President for Student Affairs (see Campus Disciplinary Appeals Panel, Sec. 58). Following the notification of intent to appeal and pending the appeal panel, the disciplinary action taken by the University shall be stayed. A Student Conduct Administrator in consultation with the Assistant Vice President for Student Affairs or designee may determine in cases involving suspension or expulsion that the continued presence on campus of the accused student poses a threat to the safety and well-being of members of the University community or preservation of University property; to ensure the student’s own physical or emotional safety and well-being; and/or if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the University. In such cases, the suspension or expulsion may go into effect immediately.

51.2. A student who has been assessed a conduct sanction other than expulsion or suspension may file an appeal within five (5) University business days of the delivery of that decision with the Assistant Vice President for Student Affairs or the Commandant, dependent upon which office imposed the sanction. The appeal will be heard administratively by the appropriate official or panel. (This appeal process does not apply for cases of alleged or determined sexual harassment or sexual misconduct. See Sec 51.3.)

51.3. A student who has been assessed any conduct sanction in cases of alleged or determined sexual harassment or sexual misconduct, domestic violence, dating violence, or stalking, or a complainant may file an appeal within five (5) University business days with the Assistant Vice President for Student Affairs. Should the appeal be filed by a student who has been assessed a conduct sanction, following the notification of intent to appeal and pending the appeal panel, the disciplinary action taken by the University shall be stayed. A Student Conduct Administrator in consultation with the Assistant Vice President for Student Affairs or designee may determine in a case involving suspension or expulsion that the continued presence on campus of the accused student poses a threat to the safety and well-being of members of the University community or preservation of University property; to ensure the student’s own physical or emotional safety and well-being; and/or if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the University. In such cases, the suspension or expulsion may go into effect immediately.