6.4.1 Preliminary Meeting An initial meeting with a designated Student Rights and Community Standards staff person (Director or a Graduate Assistant) at which time the accused student is made aware of the nature of the charges against him/her and the range of sanctions possible for that type of offense. The student is also informed of his/her options in adjudicating the case, including one of the following:
a. To plead “responsible” for the violation and have the sanctions determined at that time by the staff person.
The designated staff person conducting the preliminary meeting may choose to refer the determination of sanctions to a hearing board if the level of offense warrants more serious sanctions than that staff person is authorized to impose.
b. To plead “not responsible” for the violation and have the case heard in an Administrative Hearing by a designated hearing officer.
In cases that are complicated in nature and scope, or where the violations may result in more serious sanctions, the case may be referred to the Screening Committee of the University Review Board.
c. To plead “not responsible” to the violation and have the case heard by the University Review Board.
In the case of minor offenses, the designated staff person may choose to hear the case administratively.
6.4.2 Screening Committee After the Preliminary Meeting, the Director or his/her designee shall convene the Screening Committee made up of the Director or his designee and the Vice President of SGA. The Screening Committee shall review all information available concerning the incident and make a decision on how to proceed, exercising one of the following options:
a. Refer the case on to the University Review Board.
b. Refer the case back to the Office of Student Rights and Community Standards for an Administrative Hearing.
c. Dismiss all charges.
6.4.3 Administrative Hearing The case is heard before a designated hearing officer who will determine if a student is in violation based on information provided and will determine sanctions rising to the level of disciplinary probation. The student will receive notification of the hearing at least three (3) business days in advance, shall have an opportunity at the hearing to call witnesses on his/her behalf, and shall be able to ask questions of witnesses.
6.4.4 Interim Suspension Under certain circumstances, a student accused of a violation of the Code of Student Rights and Responsibilities may be subject to interim suspension from the University and trespass from University property and facilities. Interim suspension shall be imposed only when:
a. A student is deemed to be a threat to the safety and well-being of the University community or property.
b. It is determined that such action would be beneficial to the student’s own safety and well being.
c. A student’s presence is deemed to pose a substantial threat of disruption to the University’s educational process.
The decision to suspend on an interim basis shall be made by the Dean of Students or his/her designee after the student has been afforded an opportunity to challenge such action and provide argument and evidence to the contrary. The interim suspension may continue until completion of the entire disciplinary process including appeal. Every effort will be made to complete the disciplinary process in a timely manner so as to limit the interim suspension to the shortest time possible.
6.4.5 University Review Board The University Review Board hears disciplinary cases referred to it by the Screening Committee. It is composed of twenty (20) members; ten (10) shall be students and ten (10) shall be University faculty members and/or professional staff members.
a. Student Membership. The student membership will include the Vice President of the Student Government Association, five (5) members of the Judicial Court of SGA and four (4) additional students appointed by the SGA President. The Judicial Court members shall be elected by students in the spring, assume their committee responsibilities on the first day of fall semester and shall hold office for one calendar year. Other appointed students also assume responsibility at the start of the fall semester and serve for one calendar year. A student member may serve an unlimited number of terms.
b. Faculty and Professional Staff Membership. The faculty and professional staff members shall be selected by the University Senate’s Governance Committee to assume their committee responsibility on the first day of fall semester and serve for one calendar year. A faculty or professional staff member may serve an unlimited number of terms.
c. Quorum. To conduct a hearing for a student disciplinary case or grade appeal, a Hearing Board composed of a minimum of four (4) members of the University Review Board, of whom at least two (2) must be students and two (2) must be faculty, will be designated by the Director of Student Rights and Community Standards or his/her designee. A hearing may proceed with a minimum of 3 members present.
d. Hearing Board Moderator. The hearing shall be moderated by one member of the Hearing Board designated in advance by the Office of Student Rights and Community Standards. The moderator shall be a voting member of the Board. The Director of Student Rights and Community Standards or his/her designee will be present at all hearings as a non-voting consultant to the Hearing Board.
e. Hearings During Summer Session and Breaks. To insure the functioning of the Hearing Board during Summer Session and at other times when regular classes are not in session, the Director of Student Rights and Community Standards or his/her designee may convene a hearing with a minimum of three persons chosen from the pool of the University Review Board membership who are available. Should a minimum of three be unavailable from the University Review Board pool, the Director may select additional faculty, staff or student members to participate in the hearing process.
6.4.6 Procedures for Disciplinary Hearings. Procedures for disciplinary cases of the Hearing Board shall be as follows:
a. Notice of Hearing. The accused student shall be notified by the Office of Student Rights and Community Standards in writing of the date, time, and place of the hearing at least three (3) business days before the hearing. This notice shall also include a statement of the allegations of policy violations, information about the hearing process and the range of sanctions available.
b. Absence of the Accused Student. The accused student may choose not to attend the hearing and may instead submit a written presentation of his/her case. The hearing may proceed in the absence of the accused and by such absence; the accused forfeits his/her right to question witnesses.
c. Witnesses. The accused student, the complainant and the Director of Student Rights and Community Standards or his/her designee may invite persons who have information relevant to the accusation to present testimony at the hearing; however, the chairperson of the Hearing Board may limit the number of witnesses to avoid repetition and cumulative testimony. The Board may also limit the testimony of character witnesses to the sanctioning phase of the hearing. The names of witnesses and written disclosure of the main points of their testimony must be provided to the Office of Student Rights and Community Standards a minimum of twenty-four (24) hours before the hearing. Each party shall be responsible for insuring the presence of his/her witnesses at the hearing and shall be prohibited from submitting a written statement in lieu of personal testimony unless otherwise permitted by the Hearing Board to do so as a result of extenuating circumstances. Witnesses invited by either party shall be present only while they are testifying.
d. Student Assistance. The accused student and the complainant may be accompanied and assisted at the hearing by an advisor of their choice, provided the advisor is an employee or student of the University, or a relative. In the event the accused student faces pending criminal charges based on the incident that has given rise to the University disciplinary proceedings, his/her attorney may accompany the student. The student must provide the name of his/her advisor to the Office of Student Rights and Community Standards at least twenty-four (24) hours before the hearing. At no time may the advisor or the attorney participate directly in the hearing proceedings. He/she may only consult with the student.
e. Disqualification, Challenges. Any Hearing Board member may disqualify himself/herself if he or she has a conflict of interest with the case, with the accused student, with the complainant or when the Board member feels a personal bias makes it impossible to render a fair decision. The accused student or complainant may challenge a Hearing Board member on the grounds of conflict of interest or personal bias. The decision whether to disqualify a challenged member shall be made by a majority vote of the remaining members present. If a challenge is upheld, the chairperson may, at his/her discretion, either appoint another person to fill the vacancy or direct that the vacancy not be filled. In the latter case, a quorum shall thereafter consist of the remaining members of the Hearing Board.
f. Conduct of the Hearing. The hearing shall be conducted in an informal manner and without reference to rules applicable to a court of law concerning the examination of witnesses and admissibility of evidence, but with a view toward providing the Hearing Board with a complete understanding of the facts involved. Irrelevant, immaterial, and unduly repetitious evidence may be excluded. The hearing and the deliberations of the Hearing Board shall be private. The Office of Student Rights and Community Standards shall make a record of the hearing that may be reviewed in the office by the accused student upon request. This record remains the property of Ball State University. Decisions of the Hearing Board shall be made by majority vote.
g. Continuances: The Hearing Board, by majority vote, may continue the hearing to a later time.
h. Additional Rules: Procedural rules not inconsistent with this process may be established by the Hearing Board from time to time to fulfill its functions in an orderly manner.
6.4.7 Sanctions. If the student is found responsible for a violation of policy, sanctions may include one or
more of the following:
a. Official Reprimand: a written warning that the continuation or repetition of unacceptable conduct may lead to further disciplinary action.
b. Educational Requirements: student may be required to do interviews, a research project, a reflection paper, University or community service or other type of assignment to provide a learning experience related to the violation.
c. Restitution: a student whose actions cause damage to, defacing of or destruction of public or private property or injury to another person, may be required to provide monetary reimbursement for restoration of or replacement of property for medical bills related to injuries.
d. Referral: the student may be referred to an appropriate University service office
or to an outside agency to assist that student in achieving personal, social or
emotional growth.
e. Disciplinary Probation: for a specified period of time during which the student must demonstrate a willingness and ability to conform to all University regulations. Any violation of University policy while on Disciplinary Probation may result in referral to the University Review Board with the possibility of suspension or expulsion from the University.
f. Trespass: a student may be prohibited from entering or being on the premises of
specific locations, facilities or buildings or the entire campus.
g. Suspension: termination of enrollment indefinitely or for a specific period of time. During the period of suspension, the student is issued a trespass notice and may not be present on University property at any time or attend any University-sponsored event or activity without prior authorization by the Office of Student Rights and Community Standards. Conditions of re-enrollment following period of suspension may be determined by the University Review Board and/or the Office of Students Rights and Community Standards.
h. Expulsion: permanent termination of enrollment. Upon expulsion, the student is issued a trespass notice and may not be present on University property at any time or attend any University-sponsored event or activity without prior authorization by the Office of Student Rights and Community Standards.
i. NOTE:
Only the Hearing Board may recommend a sanction of suspension or expulsion. 6.4.8 The Decision
The decision of the Hearing Board shall be submitted as a recommendation to the Director of Student Rights and Community Standards who may do one of the following:
a. Accept the recommendation and direct that the sanctions be implemented.
b. Lessen or otherwise modify the sanctions imposed by the Hearing Board.
c. Refer the case back to the Review Board for further consideration of sanctions.
6.4.9 Appeal Process a. Students may appeal the result of an Administrative Hearing decision to the next level administrator.
b. Decisions by the Hearing Board may be appealed to the Dean of Students.
c. In both levels of cases, the student has three (3) business days from receipt of the original decision in which to submit an appeal in writing.
d. A student may appeal based on the following reasons:
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1) A substantial procedural error that unreasonably impaired the student or the
hearing body
2) An unduly harsh sanction against the accused student
3) New information of a substantive nature not available at the original hearing.
4) Information of substantial bias on the part of the disciplinary body hearing the
case |
e. An appeal may be resolved in one of the following ways:
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1) The original decision may be upheld.
2) Modified sanctions, either greater or lesser, may be imposed.
3) The case may be remanded to a new disciplinary body.
4) All allegations may be dismissed. |
f. The appellate decision shall be final and not subject to any further appeal.
g. NOTE: Any case resulting in suspension or expulsion from the University is automatically reviewed by the Dean of Students.