Senate
(Amends Senate
(Approved, 11/18/2002)
Senate
(Amended,
IPFW Code of Student Rights, Responsibilities, and Conduct
Source: Senate
Table of Contents
· Student Rights and Responsibilities
· Student Conduct Subject to Disciplinary
Action
· Student Disciplinary Procedures and Campus
Appeals Board
· Policy on Students with Mental Disorders
· Student Complaint Procedures
· Authority, Application, and Amendments
Part I: Student Rights and Responsibilities
D. Summary of Rights and Responsibilities
1.
This statement of Student Rights and Responsibilities is a reaffirmation by the
entire IPFW community that the constitutional guarantees and the basic principles
of fair treatment and respect for the integrity, judgment, and contribution of
the individual student, coinciding with each student's freedom to learn set
forth in the foregoing articles, are essential to the proper operation of an
institution of higher learning. Accordingly, in the interpretation and
enforcement of the policies, rules, and regulations of IPFW, these student
rights shall be preserved and given effect, but they shall not be construed or
applied so as to limit the rights guaranteed students under the Constitution of
the Through this system, an
appropriate individual, board, or committee
shall have the power and duty to hear the
interested parties and to make findings on complaints within its jurisdiction.
In case of grade appeals, the individuals and committees designated in the IPFW
grade appeals system shall have final authority. In all other cases, the Campus
Appeals Board shall submit recommendations to the chief administrative officerChancellor of IPFW. after such claims related to
alleged misconductfor which disciplinary proceedings
have been instituted, have been presented to said board and findings determined
in an appropriate hearing. If necessary the chief administrative officerChancellor of IPFW
may present such recommendations to the university president and board of
trustees for their consideration.
Part III: Student Disciplinary Procedures and Campus Appeals Board
4 C. Campus Appeals Board
a1. Composition.
The Campus Appeals Board shall consist of nine members selected in the
following manner: Four students appointed by the president of Indiana-Purdue Student
Government Association subject to confirmation by the Student Senate; three
faculty members elected by the Fort Wayne Senate; and two administrative staff
members appointed by the chief administrative officerChancellor, one of whom shall be designated
as chair of the Campus Appeals Board. An equal number of alternates from each
constituent group shall be appointed at the same time and in the same manner as
the regular members. From such panels of members and alternates, the chair
shall designate a hearing panel consisting of a minimum of five members
including at least two students.
b2. Terms of Office.
The term of office for student members and their alternates shall be one year,
and for the faculty and administrative members, it shall be two years, except
that members shall continue to have jurisdiction of any case under
consideration at the expiration of their term. The terms of office for all
members shall begin at the start of the fall semester. No member shall serve
more than two consecutive terms. If any appointing authority fails to make the
initial appointments to the Campus Appeals Board within the time specified, or
to fill any vacancy on the panel of alternates within five days after being
notified to do so by the chief administrative officer Chancellor, or if at any time the
Campus Appeals Board cannot function because of the refusal of any member or
members to serve, the chief administrative officer Chancellor may make appointments, fill vacancies, or take such
other action as deemed necessary to constitute a Campus Appeals Board.
c.
Other Officers and Jurisdiction. The Campus Appeals Board shall elect a vice
chairperson and secretary. It shall adopt guidelines governing its procedures
consistent with these regulations. It shall have only the jurisdiction herein
granted.
d3. Appeals from
the dean's office. If a student requests a hearing before the
Campus Appeals Board, the dean of students shall contact the chairperson of the
board who will make the arrangements for the hearing. Notice from the
chairperson shall be sent by certified mail to the student's address as it then
appears in the official records of IPFWor shall be
delivered personally to the student. The notice shall inform the student of the
following:Hearings.
a. The Campus Appeals Board may hear the
following types of appeals from students: appeals of disciplinary findings and
sanctions imposed by the dean of students, including findings and sanctions
concerning student organizations; appeals of
(1)
The offense violation alleged
to have been committed, by citing the relevant section of these regulations;
(2) The date, time, and place of the alleged offenseviolation, and other relevant
circumstances, including a summary of the evidence upon which the charges are
based, and the names of those who may be presented as witnesses and/or whose
statements may be offered as evidence at the hearing;
(3) The date, time, and place of the hearing, which shall not be earlier than
10 class days after the date of the notice;
(4) That the student parties
must prepare a list of the persons that the student may be presented as witnesses and/or whose statements may be offered as evidence
at the hearing and submit the list to the chair no later than five class days
before the hearing, excluding Saturdays, Sundays, and holidays;
(5) That the student is required to be present at the hearing and is entitled
to present witnesses and to cross-examine witnesses who appear unless the
Campus Appeals Board decides to proceed in the absence of the student because
of extraordinary circumstances such as a student's refusal or inability to
attend;
(6) That the student is entitled to be represented at the hearing by counsel or
an advisor of his or her choice at his or her own expense, but that the student
is still required to be present even if represented by counsel or an advisor;
and that an advisor or counsel may not participate in presenting the case,
questioning witnesses, or making statements during the hearings; (7) That IPFW
may be represented by legal counsel if it so elects, whose sole function shall
be to advise
the
Appeals Board; and that counsel may not participate in presenting the case,
questioning witnesses, making statements during the hearing, or be involved in
the Board's determination of the appeal guilt or innocence of the
student;
(8) That the student need not answer questions, and that a choice to remain
silent will not be taken as an admission of guilt, nor shall it be detrimental
to the student's position; Note:
Becomes III-C-3-c-(1).
(9) The sanctions that may be imposed by the Campus Appeals Board; Note: Becomes III-C-3-c-(2).
(108) That
the hearing will be closed to the public, unless the student(s) charged both parties to the appeal requests an
open hearing. The chair of the Campus Appeals Board shall make arrangements
satisfactory to the Campus Appeals Board to accommodate observers if a hearing
is to be public, and the Campus Appeals Board's choice of the place and
determination of the number of observers that can be conveniently accommodated
are final;
(119) That the failure
to appear at the hearing will be action for which the student forfeits the right of appeal Campus Appeals Board may
impose the disciplinary sanction initially proposed by the dean of students
without right of further appeal if the Campus Appeals Board, upon diligent
inquiry, finds such failure to be inexcusable;
(1210) That the decision of
the Campus Appeals Board shall be based solely upon matters introduced at the
hearing and must be based upon preponderance of evidence;
(13) That the Campus Appeals Board shall make a finding whether the student
has committed the offense(s) as charged and shall either reverse the decision
of the dean of students and acquit the student, affirm the finding of the dean
of students and the disciplinary sanction imposed, or affirm the finding of the
dean of students and in cases where a proposed disciplinary sanction is
believed to be inappropriate to the misconduct, reduce or increase the severity
of the sanction; Note: Becomes
III-C-3-c-(3).
(1411) That
within 10 class days after the conclusion of the hearing, the chair of the
Campus Appeals Board shall render a written decision and include a brief
explanation of the decision and set forth the findings of fact upon which the
decision is made. The chair shall promptly furnish copies of the decision to
the student and the dean of students
to others with a need to know as determined by the Board. In the case of
appeals concerning disciplinary findings and sanctions for alleged sexual
assaults, both the appealing student and the student's accusor
shall be informed of the outcome of the appeals proceedings.; and
(15) That the decision of the Campus Appeals Board is final and not subject
to further appeal. Note: Beomes III-C-3-c-(4).
e. Sexual Assault Appeals Both the student and the
student's accuser shall be informed of the outcome of any appeals proceeding
brought alleging a sexual assault.
Note: Becomes part of III-C-3-b-(11).
f. Appeals Concerning Recognition of Student Organizations
The Campus Appeals Board shall have jurisdiction to hear and shall be required
to hear any appeal from a student organization which the dean of students has
refused to recognize, has suspended for a period of time, or from which
recognition has been withdrawn. In such cases, the Campus Appeals Board shall
have the authority to reverse the finding of the dean and restore the student
organization to its original status, or to affirm the finding and penalty
imposed by the dean, or to reduce or increase the severity of the disciplinary
penalty. The action of the Campus Appeals Board shall be final. Note: Becomes III-C-3-d-(1).
g.
Appeals from Student Judicial Court The Campus Appeals
Board shall have discretionary jurisdiction to hear appeals from the student
government association. In such cases, it may affirm or reverse a decision, and
its action shall be final. Note:
Becomes III-C-3-e-(1).
Additional information to be provided in writing to the parties to the appeal is dependent upon the type of appeal to be heard.
c. Students who are appealing a dean of students disciplinary finding and sanction shall additionally be informed:
(1) That the student need not answer questions during the hearing, and that a choice to remain silent will not be taken as an admission of guilt, nor shall it be detrimental to the student's position;
(2) Of the sanctions that may be imposed by the Campus Appeals Board;
(3) That the Campus Appeals Board shall make a finding whether the student has committed the violation(s) as charged and shall either reverse the decision of the dean of students and acquit the student, affirm the finding of the dean of students and the disciplinary sanction imposed, or affirm the finding of the dean of students but in cases where a proposed disciplinary sanction is believed to be inappropriate to the misconduct, reduce or increase the severity of the sanction;
(4) That the decision of the Campus Appeals Board is final and not subject to futher appeal.
d. Students who are appealing a dean of students finding and sanction against a student organization shall additionally be informed:
(1) That the Campus Appeals Board shall
have jurisdiction to hear and shall be required to hear any appeal from a
student organization which the dean of students has refused to recognize, has
suspended for a period of time, or from which recognition has been withdrawn.
In such cases, the Campus Appeals Board shall have the authority to reverse the
finding of the dean and restore the student organization to its original
status, or to affirm the finding and penalty imposed by the dean, or to reduce
or increase the severity of the disciplinary penalty. The action of the Campus
Appeals Board shall be final.
e. Students who are appealing
(1) That the Campus Appeals Board shall have discretionary jurisdiction to hear appeals from the student government association. In such cases, it may affirm or reverse a decision, and its action shall be final.
f. Students who are appealing faculty/staff actions or decisions claimed to violate rights established under Part I of the Code, the Americans with Disabilities Act, Ethical Guidelines for Computer Users, or HIV/AIDS Guidelines shall additionally be informed:
(1) That the Campus Appeals Board shall have the authority to convey recommendations to the Chancellor of IPFW, whose decision is final.
C
D. Summary Action
Summary
disciplinary action by way of temporary suspension and exclusion from IPFW
property may be taken against a student charged with misconduct without the
issuance of a notice of charges and without the procedures prescribed in Part
III-B on the following conditions: Summary action shall be taken only by the chief
administrative officer Chancellor or
the officer's Chancellor's designee,
and only after the student shall have been given an opportunity to be heard if
such procedure is practical and feasible under the circumstances. Summary
action shall be taken only if the chief administrative officerChancellor or the officer's Chancellor's
designee is satisfied that the continued presence of the student on IPFW
property threatens harm to the student or to any other persons or to the
property of IPFW or of others. Whenever summary action is taken under this
provision, the procedures provided for in Part III-B for hearing and appeal
shall be expedited so far as possible in order to shorten the period of summary
action.
Part IV: Policy on Students with Mental Disorders
A. Review and Hearing Procedures
4.
If the student refuses to accept the decision of withdrawal reached by the dean
of students and the IPFW counselor and refuses to withdraw from IPFW
voluntarily, the student shall notify the dean of students of such refusal. The
student may then appeal the withdrawal decision to a committee appointed by the
chief administrative officerChancellor of IPFW, consisting of a faculty
member, a student, and an IPFW administrator, other than a member of the staff
of the dean of students. The committee shall hear the entire matter again after
notice to the student and the dean of students. The issues to be determined by
the committee shall be: (1) whether the student has a serious mental disorder,
and (2) if so, whether the student should be involuntarily withdrawn from IPFW.
The student and the dean of students and the IPFW counselor may attend the
hearing and present evidence and question witnesses. They may be represented by
counsel. The committee may, at its discretion, authorize an independent
evaluation of the student by a certified licensed psychologist or licensed psychiatrist at IPFW's expense. The committee shall make a written report
containing its findings and conclusions within 10 class days after the hearing.
Copies of the report shall be furnished to the student, the dean of students,
and the chief administrative officer Chancellor of IPFW. The decision of the committee shall be binding
upon the student and IPFW.
Part V: Student Complaint Procedures
Students
having complaints concerning actions or decisions which are claimed to violate
rights established under Part I of the Code, the Americans with Disabilities
Act, Ethical Guidelines for Computer Users, or HIV/AIDS Guidelines, must first
seek to resolve their complaints at the lowest unit level with the faculty or staff members
responsible for the actions or decisions claimed to violate their rights. If
the complaint is not resolved informally between the student and the
responsible faculty or staff member, the student may pursue the complaint
informally with the faculty or staff member's unit head who shall investigate,
mediate, and suggest a resolution. Good-faith efforts will ensure the
timely handling of such complaints. Depending upon the nature of the
complaints, appropriate faculty or administrators may be designated to If the complaint remains unresolved after
the unit head's attempt to mediate a resolution, the student may continue to
pursue the complaint with the head of the next highest administrative level who
shall investigate, mediate, and suggest a resolution. Only after all such
remedies have been exhausted may the students request a hearing before the
Campus Appeals Board. To request a
hearing before the Campus Appeals Board the student must file a formal
complaint with the dean of students. The formal complaint must describe the
action or decision claimed to violate established rights, identify the right(s)
claimed to have been violated, and specify the remedy sought. The dean of
students shall direct properly received complaints to the chair of the Campus
Appeal Board. The Campus Appeals Board shall have the authority and duty to
reach findings and to convey recommendations to the chief administrative
officer Chancellor of IPFW.
Part VI: Authority, Application, and Amendments
B. Application
These
regulations, as from time to time amended, shall apply to all undergraduate and
graduate students with either chief
administrative officerChancellor of IPFW.