All students and student organizations are subject to the judicial procedures prescribed in this code.
Options for Resolution of Student Conduct Charges. It should be clearly understood that there is a fundamental difference between the nature of student discipline and that of criminal law. Regardless of the options exercised for resolution of charges the discipline of students within the University community must be consistent with the educational mission of the institution. At the conference with the Assistant Dean of Students/designee, the charged student will have all the resolution options outlined below fully explained:
a. Accept responsibility for the charge(s) and elect for the Assistant Dean of
Students/designee to determine appropriate sanction(s).
b. Enter a statement of not responsible to the charge(s) and present evidence and
testimony relevant to the charged student’s alleged violation and/or misconduct.
The Assistant Dean of Students/designee will exercise control over the conference to avoid needless consumption of time, repetition of information, and/or prevent the harassment or intimidation of participants. The conference can be recessed at any time by the Assistant Dean of Students/designee.
All conferences shall be conducted in an informal manner and technical rules of evidence will not be applied. Responsibility can only be determined if the Assistant Dean of Students/designee finds that it is more likely than not (based on a preponderance of evidence) that the accused is responsible.
Upon completion of the conference, the Assistant Dean of Students/designee shall, within a reasonable time [usually five (5) school days] make findings of fact and conclusions for the disposition of the case and sanctions to be imposed, if any. The student will be notified of the disposition of the case, sanctions and appeal process by (a) e-mail to the student’s University e-mail account, (b) mailed to the on-campus address of the student; or (c) mailed by certified, return receipt mail to the office campus address on file in the University Registrar’s office.
The Assistant Dean of Students/designee may impose sanctions up to and including Residence Hall Separation.
STUDENT CONDUCT BOARD
This student conduct process is confidential, but the decision is not necessarily confidential. The student may appeal this decision to the appropriate administrator (see “Appeals Process” within the Student Conduct section). In special cases requiring immediate action, the Vice President for Student Affairs/Dean of Students or a designee may impose certain actions for the safety and welfare or the community. These actions will be temporary until the Student Conduct Board can be convened and a final outcome is determined. Such temporary actions must be reported to the Student Conduct Board and other appropriate administrators.
The Assistant Dean of Students/designee shall present the case for the institution at the Student Conduct Board hearing. Any student charged with a violation will receive written notification of the charges, and the nature of the evidence. Hearings are non-adversarial (i.e. no attorneys), confidential, and shall not be considered analogous to court proceedings. Hearings will be conducted with simplicity and fairness, and will not be restricted to technical rules of substantive or procedural law. While the proceedings of the Student Conduct Board are confidential, its decision is not necessarily confidential.
1. The Student Conduct Board shall consist of the following voting members:
*Student members must be in good standing with Buena Vista University. Good standing means that the student may not be currently on disciplinary probation or have been previously on disciplinary probation within the last academic year. During the term of appointment if the student conduct board member has a change in status, he/she will be removed from the position and the president of the Student Senate will appoint an alternate to fill the vacancy.
It is encouraged that one (1) of the at-large positions be held by an off-campus student. The Student Senate president may represent one (1) of the student groups. Students in their first semester at Buena Vista University are not eligible. All faculty and students are appointed to the Student Conduct Board on an annual basis.
The chairperson shall select one faculty member and three students to serve at each hearing. This list shall be presented to the accused and to the Vice President for Student Affairs or his/her designee. Each may strike one member from the list. A member of the Board involved as a witness or in close relationship with the accused may not serve as a member of the hearing panel. The chair will then arbitrarily select a replacement from the existing constituent board members. The chairperson shall act as the fifth member of the hearing board and shall be in charge of the proceedings. The final list of hearing board members must then be sent to the accused and to the Vice President for Student Affairs/Dean of Students or his/her designee for final signature.
Emergency changes in membership may be made so long as both parties agree in writing. Should an agreement not be reached between the parties, the hearing may be postponed by the chairperson for a reasonable time, usually five (5) school days. If no agreement has been reached, the chairperson will make appointments to the membership from the existing pool.
1) Appear in person, hear all information presented and present any relevant information, have
an advisor present, and call witnesses.
The Assistant Dean of Students/designee shall call for meetings of the Judicial Board. The Assistant Dean/designee will inform the accused of the convening of the Student Conduct Board meeting in a timely manner. After the hearing, the Conduct Board shall, within a reasonable time [usually five (5) school days] make findings of fact, conclusions of law and recommendations for the disposition of the case and sanctions to be imposed, if any, and forward to the Vice President for Student Affairs/Dean of Students.
Within ten (10) days following receipt of the conduct board recommendations the Vice President for Student Affairs/Dean of Students shall review the findings and recommendations of the conduct board. The Vice President of Student Affairs/Dean of Students is responsible to determine the final outcome of the case and notify the student in writing of the decision.
A Secretary will be selected by the Board from its membership. This person is responsible for keeping accurate records of the case(s). These records are confidential as to specifics of the case(s) and person(s) involved, but not as to university rules or principles of conduct, whether the final decision is responsible or not responsible.
The secretary’s confidential record should include thorough notes during the hearing, summaries of the reasoning of the Board and copies of the charges, decision, and sanctions. A report, omitting all names but otherwise complete, shall become a part of the permanent record of the Student Conduct Board and be available to members of the Board so as to provide a guideline for future deliberations. The secretary must file results of the hearing with the Vice President for Student Affairs/Dean of Students within two (2) class days after the adjournment of the proceedings.