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Pre-Hearing Interview (OPTIONAL)
Students have the option of scheduling a pre-hearing interview with a representative of the Office of the Dean of Students either before or after they receive a notice of charges. In a pre-hearing interview a representative will meet with the student to explain the discipline process and answer questions about the procedures and possible consequences.
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Disciplinary and Administrative Action Proceedings, General
The procedures hereby established shall be followed in all cases in which the University institutes disciplinary proceedings or administrative action proceedings against students for violations of the rules of student conduct set forth in Part V, Section III-B (University Regulations). These procedures shall not apply to or affect the jurisdiction or procedures established by student organizations, student governments in University residence halls, University residences, or student judicial boards now or hereafter organized under the auspices of the Purdue Student Government, University residences, Interfraternity Council, or similar organizations.
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Disciplinary Proceedings
Disciplinary proceedings are those proceedings initiated by the issuance of a notice of charges and are governed by the provisions of Section III-C-1 to 7 (University Regulations). The term "disciplinary proceedings" does not include administrative action proceedings.
- Institution of Disciplinary Proceedings
- Disciplinary proceedings shall be instituted by "The Office of the Dean of Students" by the issuance of notice of charges.
- The notice of charges (and all other written notices given to students against whom disciplinary proceedings are initiated) shall be delivered by the most effective method to the student's address as it then appears on the official records of the University. The notice shall inform the student of the rule or regulation allegedly violated, also fairly inform the student of the reported circumstances of the alleged violation, and request the student to appear in the dean's office for a hearing on the incident. A copy of these regulations shall accompany each notice of charges. A copy of the notice of charges may be sent to the parent or guardian of the student if the student is dependent as defined in section 152 of the Internal Revenue Code of 1954.
- Failure to Respond to Charges
- If the notice of charges requests the student to appear in the dean's office and the student fails or refuses to appear, the dean's office may, after such investigation as it may deem necessary, dismiss the charges, take administrative action, or impose a disciplinary penalty.
- If the dean's office takes administrative action, it shall notify the student in writing of such action, and such action shall not be subject to further hearing or appeal. If the dean's office imposes disciplinary penalty, it shall notify the student, in writing, of such action, and the student may appeal such action to the Campus Appeals Board as provided in Section III-C-6 (University Regulations).
- When it appears necessary to avoid undue hardship or to avoid injustice, the dean's office may extend the time to enable a student to respond to the charges.
- Response to Charges
- If the student appears in response to the notice of charges for the purpose of a hearing of the alleged violation as provided in Section C-5 (University Regulations), the dean's office shall advise the student as fully as possible of the facts concerning the allege charges and the names and addresses of witnesses then known to the dean's office. The student shall also be advised that no response is required; that any statement made by the student may be used against the student; that if the student remains silent, that silence will not be taken as an admission against the student; and that the student may advise the dean's office of any witnesses or evidence supporting the student's position. The dean's office also shall advise the student that if any new information is discovered during an investigation subsequent to the hearing, the student will have an opportunity to respond to such information.
- After the hearing with the student and such further investigation as the dean's office deems necessary, the dean's office shall proceed as follows:
- If the dean's office determines that the violation alleged is not supported by the evidence, the charges shall be dismissed and the student notified.
- If the dean's office is satisfied that the violation occurred as alleged, but that no disciplinary penalty shall be imposed, the dean's office may take administrative action and notify the student. Such action by the dean's office shall be final and not subject to further hearing or appeal.
- If the dean's office is satisfied that the violation occurred as alleged and that a disciplinary penalty should be imposed, the dean's office shall notify the student.
- Conduct of Hearing
- Each hearing shall be conducted before one or more members of the dean of student's office staff and, although the hearing is informal in nature, it shall provide the student certain procedural safeguards.
- The student shall be given the opportunity to hear the evidence against him/her; rebut statements made by witnesses; and present witnesses, evidence, or any relevant information in the student's own behalf. The student also shall be given the opportunity to respond to any new information gathered during an investigation subsequent to the hearing. The dean of student's office has the burden of proving the student guilty of the alleged violations, and the decision of the dean's office shall be based solely on information introduced at the hearing and obtained during subsequent investigations. The finding shall be rendered by the original hearing officer, who shall be present for all testimony and investigations by the dean's office.
- No person other than the student shall be present during the discussion between the dean's office and the student except by mutual agreement of the dean's office and the student. In cases of alleged sexual assault, the student and the student's accuser are entitled to the same opportunities to have others present during the hearing.
- Within five days following the conclusion of the hearing and subsequent investigation, the dean's office shall notify the student, in writing, of what action it will take. The decision letter shall contain a finding as to the guilt or innocence of the student and a brief statement of the reasons for the penalty. Any disciplinary penalty imposed or administrative action taken is subject to the provisions of Section III-B-4 of University Regulations and any other University rule, regulation, or directive then existing. Both the student and the student's accuser shall be informed of the outcome of any hearing brought alleging a sexual assault.
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Administrative Action Proceedings
Administrative action proceedings are informal investigations conducted by the dean's office with a view to possible administrative action. Administrative action may be taken by the dean's office without instituting disciplinary proceedings, and such action shall be final and not subject to further hearing or appeal. A disciplinary penalty may not be imposed without first instituting disciplinary proceedings pursuant to Section III-C-2 (University Regulations). If the dean's office confers with the student in the course of administrative action proceedings, no statement made by the student during such conference shall be used against the student in any disciplinary proceedings that may thereafter be instituted.
SANCTIONS AND PENALTIES
Educationally sound sanctions may be proposed in combination with other disciplinary actions.
Oral warning
Written warning
Restitution
Work Assignment
Disciplinary probation means a probationary student status imposed for a limited time as a result of an official determination of misconduct. In the event the student is found guilty (under the procedures set forth in the University Regulations) of subsequent charges of misconduct committed during the period of disciplinary probation, records of such disciplinary probation shall be taken into consideration in determining the disciplinary penalty, if any, to be imposed or the administrative action, if any, to be taken because of such subsequent misconduct.
Probated suspension means conditional continuation of student status for a limited and defined period of time. The student is permitted to retain student status upon the condition that the student does not further violate any subsection of Section III-B-2 (University Regulations) that would normally result in a disciplinary penalty during the time probated suspension is in effect. If, during the period of probated suspension, the student is found guilty of an additional violation of Section III-B-2 after a hearing, suspension may become immediately effective and may be extended for a longer period of time than the period of probated suspension originally assigned.
Suspension means termination of student status for a limited time, generally without grades; however, in cases such as academic dishonesty, a directed grade for a particular course may be appropriate.
Expulsion means permanent termination of student status, generally without grades;, however, in cases such as academic dishonesty, a directed grade for a particular course may be appropriate.
APPEAL OF THE DEAN'S OFFICE DECISION
The student may appeal the decision of the dean's office to the Campus Appeals Board.
An appeal may be initiated by filing a notice of appeal with the Campus Appeals Board through the dean's office or with the chairperson of the Campus Appeals Board.
Such an appeal must be physically received in the Office of the Dean of Students, or by the chairperson of the Campus Appeals Board, within seven days of the date on the letter from the dean's office containing the decision, and the appeal must be signed by the student.
The dean's office will provide the Campus Appeals Board with a copy of the notice of charges and the decision letter sent to the student. The University will be represented at the appeal hearing by the dean's office or other appointed representative.
DEFINITIONS
University activity is any teaching, research, service, administrative, or other function, proceeding, ceremony, program, or activity conducted by or under the authority of the University, or with which the University has any official connection, whether taking place on or off campus, including without limitation University cooperative education programs, internships, practicum, field experiences, and athletic or other intercollegiate activities.
University property means property owned, controlled, used, or occupied by the University.
Dean's Office means the dean of students and any associate, assistant, or other person authorized to act for him/her.
Administrative action means the issuance of an oral or written warning, admonition, reprimand, and/or use of counseling procedures.
Disciplinary penalty means expulsion, suspension, probated suspension, disciplinary probation, and other educationally sound sanctions.
Educationally sound sanctions means sanctions other than disciplinary probation, suspension, probated suspension, or expulsion and are limited to the following: Restitution - monetary payment for damages and/or theft committed in violation of Section III-B-2(e). Work assignment - assignment of duties to correct destructive acts or behavior.
Obstruction or disruption of a University activity means any unlawful or objectionable acts or conduct (1) that seriously threaten the ability of the University to maintain its facilities available for performance if its educational activities, or (2) that are in violation of the reasonable rules and standards of the University designed to protect the academic community from unlawful conduct, or (3) that present a serious threat to person or property of the academic community. Such phrase shall include, without limitation of the foregoing general definition, the unlawful use of force or violence on or within any buildings or grounds owned, used, occupied, or controlled by the University; using or occupying any such buildings or grounds in violation of lawful rules or regulations of the University, or for the purpose or with the effect of denying or interfering with the lawful use thereof by others; and injuring or harming any person or damaging or destroying the property of the University or the property of others, within such buildings and grounds.
STUDENT RIGHTS IN DISCIPLINARY PROCEEDINGS
Disciplinary proceedings shall be instituted by the dean's office by the issuance of notice of charges. If the student appears in response to the notice of charges for the purpose of a hearing of the alleged violation, the student has certain substantial and procedural rights as follows:
- The right to be informed in writing of all charges.
- The right to be fairly informed of the reported circumstances of the alleged violation.
- The right to a fair hearing.
- The right to hear information pertaining to the alleged violation.
- The right to be informed of the names and addresses of witnesses known to the dean's office.
- The right to advise the dean's office of any witnesses or evidence supporting the student's position.
- The right to remain silent and that silence will not be taken as an admission of guilt.
- The right to a written letter of the hearing findings and sanctions.
FREQUENTLY ASKED QUESTIONS
- What are my options for responding to an allegation of misconduct?
- You do not have to respond. However, in your absence, a decision will be made based on information available to the dean's office.
- Agree to the violation(s) when meeting with a hearing officer.
- Refute the charges when meeting with a hearing officer.
- Will a disciplinary sanction appear on my academic transcript? No.
- Will potential employers have access to my judicial record?
No, unless you give written permission to do so.
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If I am charged by the County Prosecutor and have to appear in court, why do I have to appear for a hearing in the Office of the Dean of Students?
A University hearing is an administrative hearing, not a criminal proceeding. You are held accountable for your behavior under the jurisdiction of the University. The University does not consider it a violation of criminal law (as the Court does). The behavior, if true, may be considered a violation of the University's Code of Conduct and behavioral expectations.
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