When a violation occurs within or adjacent to facilities of the Office of Recreation Services or in the context of programs sponsored by that Office, the following disciplinary procedures apply.
6.3.1 Preliminary Meeting
a. Pending results of an investigative review of an incident, the student’s I.D. or Recreation Privilege Card will be “turned off” and the student will not have the privilege of utilizing facilities or programs within Recreation Services.
b. A preliminary meeting will be convened in a timely manner with the student(s) in question and a designated Recreation Services staff person (Coordinator or Assistant Director of Recreation Services) to discuss the incident.
c. The student may plead “responsible” for the behavior and the staff member may assign sanctions.
d. If a student pleads “not responsible” for the behavior, the case will be referred to an Administrative Hearing.
e. A student who fails to appear for a Preliminary Meeting will have their case referred to an Administrative Hearing.
6.3.2 Recreation Services Administrative Hearing
a. Administrative Hearings are conducted by a designated Recreation Services staff person (Assistant Director or Associate Director for Recreation Services). The student(s) will be given the opportunity to present witnesses or other evidence to support their claims. The staff person conducting the hearing will determine responsibility and, if necessary, assign sanctions.
b. A written notice indicating the findings of the hearing and sanctions will be mailed to the student’s known address.
c. When a violation is believed to be a team violation, that team may be represented at the Administrative Hearing by the team captain or another designated team member. Sanctions may be administered collectively to the team or individually against team members.
6.3.3 Appeal Process
a. Students have an opportunity to appeal any decision of discipline from any member of Recreation Services staff.
b. All appeals of disciplinary decisions must be directed to the Associate Director of Recreation Services. All appeals of disciplinary decisions must be made in writing within three business days of the receipt of the original decision.
c. A student may appeal based on the following reasons:
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.
d. An appeal may be resolved in one of the following ways:
1) The original decision may be upheld.
2) Modified sanctions, either greater or lesser, may be imposed.
3) The case may be remanded back for a new hearing.
4) All allegations may be dismissed.
e. Appeal decisions shall be based solely upon the written documentation of the incident and a written statement of appeal from the patron.
f. The appellate decision shall be final and will not be subject to any further appeal.
6.3.4 Referrals to the Office of Student Rights and Community Standards
Any case may be referred to the Office of Student Rights and Community Standards for adjudication or for consideration of additional sanctions when:
a. Violations are of a more serious nature and may warrant consideration of probation, suspension or expulsion from the University.
b. The complexity and nature of the violation warrants referral.
Copyright © 2016 Ball State University 2000 W. University Ave. Muncie, IN 47306
800-382-8540 and 765-289-1241