Senate Document SD 89-28
(Last Amended, 10/16/2006)
IPFW regulations governing the actions of students are intended to enhance the values which must be maintained in the pursuit of IPFW's mission and goals. These values include freedom of inquiry, intellectual honesty, freedom for the open expression of ideas and opinions within limits that protect the rights of others, and respect the views and the dignity of other persons.
In exercising their rights, students must bear responsibility to act in accordance with local, state, and national laws, and IPFW rules. No right should be construed as enabling students to infringe upon the individual rights of another member of the academic community.
1. Students retain all of their citizenship rights when enrolled at IPFW.
2. Students who violate civil law may incur penalties prescribed by civil authorities. Only where IPFW's interests as an academic community are distinct from those of the general community should the special authority of IPFW be asserted.
3. Nondiscrimination. IPFW is committed to maintaining a community which recognizes and values the inherent worth and dignity of every person; fosters tolerance, sensitivity, understanding, and mutual respect among its members; and encourages each individual to strive to reach his or her own potential. In pursuit of its goal of academic excellence, the University seeks to develop and nurture diversity. The University believes that diversity among its many members strengthens the institution, stimulates creativity, promotes the exchanges of ideas, and enriches campus life.
IPFW views, evaluates, and treats all persons in any University-related activity or circumstance in which they may be involved, solely as individuals on the basis of their own personal abilities, qualifications, and other relevant characteristics.
IPFW prohibits discrimination against any member of the University community on the basis of race, religion, color, sex, age, national origin or ancestry, marital status, parental status, sexual orientation, disability, or status as a disabled or Vietnam-era veteran. The University will conduct its programs, services and activities consistent with applicable federal, state and local laws, regulations and orders and in conformance with the procedures and limitations as set forth in Purdue University’s Executive Memorandum No. D-1 which provides specific contractual rights and remedies. Additionally, the University promotes the full realization of equal employment opportunity for women, minorities, persons with disabilities and Vietnam-era veterans through its affirmative action program.
4. Anti-harassment-It is the policy of IPFW to maintain the campus as a place of work and study for faculty, staff, and students free from all forms of harassment. In providing an educational and work climate that is positive and harassment-free, faculty, staff, and students should be aware that harassment in the workplace or the educational environment is unacceptable conduct and will not be tolerated. [See Anti-harassment Policy.] This policy addresses harassment in all forms, covering those with legally protected status for reasons of race, gender, religion, color, age, national origin or ancestry, or disability, as well as those who are harassed for other reasons such as sexual orientation.
1. Degree-seeking students have the responsibility for selecting a major field of study, for choosing an appropriate degree program within the discipline, for planning class schedules, and for meeting the requirements for degrees. IPFW will provide advisors to assist students in academic planning, but students are responsible for being knowledgeable about all academic requirements which must be met before a degree is granted.
2. Students have the right to receive accurately and plainly stated information which enables them to understand clearly:
a. the general qualifications for establishing and maintaining acceptable academic standing within a particular major and at all other levels within IPFW,
b. the graduation requirements for specific curricula and majors, and
c. the course objectives, requirements, and grading policies set by individual instructors for their courses.
3. In the classroom, students have the freedom to raise relevant issues pertaining to classroom discussion, to offer reasonable doubts about data presented, and to express alternative opinions to those being discussed. However, in exercising this freedom, students shall not interfere with the academic process of the class.
4. Students' course grades shall be based upon academic performance, and not upon opinions or conduct in matters unrelated to academic standards. Students have the right to discuss and review their academic performance with their instructors. Students who feel that any course grade has been based upon criteria other than academic performance have the right to appeal through the IPFW grade appeals system. [See IPFW Academic Regulations-Grade Appeals.]
5. Students have the right to obtain a clear statement of basic rights, obligations, and responsibilities concerning both academic and personal conduct.
6. Students have the right to participate in the formulation of IPFW policies which directly affect them. In exercising this right, students have the right of access to appropriate information, to express their views, and to have their views considered.
7. Students have the privacy rights specified in the IPFW policy on the release of student information. [See IPFW Academic Regulations-Release of Student Information.]
1. Students have the right to form, join, and participate in groups or organizations which promote the common interests of students, including but not limited to groups or organizations that are organized for academic, professional, religious, social, economic, political, recreational, or cultural purposes.
2. Any group of students may petition to become a recognized IPFW student organization in accordance with the established guidelines. Any appeal of a campus decision to discontinue or refuse recognition of a student group shall be made through the Campus Appeals Board.
3. Any student group recognized as an IPFW student organization shall be entitled to the use of available campus facilities in conformity with regulations. [See IPFW Regulations Governing the Use and Assignments of University Facilities at the Fort Wayne Campus.] Recognition shall not imply IPFW endorsement of group goals and activities.
4. Any recognized IPFW student organization or any group of students able to secure sponsorship by a recognized student organization and to demonstrate financial responsibility has the right to present speakers of its choice to address members of the IPFW community using appropriate campus facilities. These assemblies shall be subject to regulations necessary to prevent space and time conflicts and to protect the operations of the campus and the safety of persons or property.
5. Freedom of assembly shall be guaranteed to all members of the IPFW community. Such assemblies shall be consistent with IPFW regulations regarding the time, place, and manner of such assemblies.
6. A student, student group, or student organization has the right to distribute written material on campus without prior approval providing such distribution is consistent with appropriate regulations concerning the time, place, and manner of distribution and does not interfere with IPFW activities.
7. Students who publish student publications under IPFW auspices have the right to be free of unlawful censorship. At the same time, students who publish such publications must observe the recognized canons of responsible journalism such as the Sigma Delta Chi Code of Ethics and avoid libel, obscenity, undocumented allegations, attacks on personal integrity, and the techniques of harassment and innuendo. Editors and managers of The Communicator may not be arbitrarily suspended or removed from their positions because of student, faculty, administrative, or public disapproval of their editorial policies or publications. Student editors and managers may be suspended or removed from their positions only for proper cause and by appropriate proceedings conducted by the board of directors. All student publications shall explicitly state on the editorial page that the opinions expressed are not necessarily those of IPFW or of the student body.
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 United States or the Constitution of the state of Indiana.
Whenever a student or a group of students claims/claim that these rights have been violated and that the student or group of students has/have been or will be adversely affected thereby, and such complaint is not resolved informally by the interested parties, it may be presented to an appropriate body of the campus appeals system. 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 Chancellor of IPFW. If necessary the Chancellor of IPFW may present such recommendations to the university president and board of trustees for their consideration. If the student has a question as to whether grade appeals procedures or student complaint procedures (Part V) shall be used to resolve a complaint, the dean of students shall decide which procedures shall be used after consulting with the unit head of the faculty or staff member with whom the student or group of students has the complaint. Once the appropriate process is identified, the dean of students will explain the timelines associated with that process.
2. The enumeration of these rights and responsibilities shall not be construed to deny or disparage others retained by the student. Nothing contained in this bill shall be construed as any denial or limitation upon the legal authority or responsibility of the board of trustees to establish policies and to make rules and regulations governing the operation of IPFW.
Proposed amendments of these rights and responsibilities may be initiated by the Indiana-Purdue Student Government Association, Fort Wayne Senate, administrative officials, or the Board of Trustees and shall be submitted to the Indiana-Purdue Student Government Association, Fort Wayne Senate, and Community Advisory Council for consideration and recommendation before adoption by the Board of Trustees. In the event the Board of Trustees adopts an amendment not approved by the Indiana-Purdue Student Government Association and Fort Wayne Senate, either the Indiana-Purdue Student Government Association or Fort Wayne Senate may withdraw its endorsement of the rights and responsibilities in whole or in part.
1. An IPFW activity is any teaching, research, service, administrative, or other function, proceeding, ceremony, program, or activity conducted by or under the authority of IPFW, or with which IPFW has any official connection, whether taking place on or off campus. Included within this definition without limitation are IPFW cooperative education programs, internships, practicums, field experiences, and athletic or other intercollegiate activities.
2. IPFW property means property owned, controlled, used, or occupied by IPFW.
Students are expected and required to abide by the laws of the United States, the state of Indiana, and the rules and regulations of IPFW. Students are expected to exercise their freedom to learn with responsibility and to respect the general conditions which maintain such freedom. IPFW has developed the following general regulations concerning student conduct which safeguard the right of every individual student to exercise fully the freedom to learn without interference.
IPFW may discipline a student for academic or personal misconduct for the following actions:
IPFW may discipline a student for the following acts of personal misconduct which occur on campus property or in connection with an IPFW activity:
1. Dishonest conduct, including but not limited to false accusation of misconduct; forgery, alteration, or misuse of any IPFW document, record or identification; and giving to an IPFW official information known to be false.
2. Release of access codes for IPFW computer systems to unauthorized persons; use of an access code for a purpose other than that stated on the request for service.
3. Lewd or indecent conduct, or obscene conduct, or obscene expression as defined by law.
4. Disorderly or disruptive conduct which interferes with teaching, research, administration, or other IPFW or IPFW-authorized activity.
5. Failure to comply with the directions of authorized IPFW officials in the performance of their duties, including failure to identify oneself when requested to do so, and violation of the terms of a disciplinary action.
6. Unauthorized entry, use, or occupancy of campus facilities; refusal to vacate a campus facility when directed to do so by an authorized official of IPFW.
7. Unauthorized taking or possession of IPFW property or services; unauthorized taking or possession of the property or services of others.
8. Intentional action or reckless disregard which results in damage to or destruction of IPFW property or of property belonging to others.
9. Possession of firearms or other weapons; possession or display of any firearm except as authorized by the IPFW police; and intentional possession of a dangerous article or substance as a potential weapon, or of any article or explosive calculated to injure or discomfort any person. Public law enforcement officials who are required by their departments to carry their firearms at all times must register with the IPFW police.
10. Acting with violence; and aiding, encouraging, or participating in a riot.
11. Harassment, as defined by the IPFW Anti-harassment Policy.
12. Hazing, defined as any conduct which subjects another person, whether physically, mentally, emotionally, or psychologically, to anything that may endanger, abuse, degrade, or intimidate the person as a condition of association with a group or organization, regardless of the person's consent or lack of consent.
13. Physical abuse of any person or conduct which threatens or endangers the health or safety of another person.
14. Verbal behavior that involves an expressed or implied threat to interfere unlawfully with an individual's personal safety, or personally abusive language ("Fighting words") inherently likely to provoke a violent reaction in a face-to-face situation.
15. Use, sale, distribution, or possession of alcoholic beverages contrary to law.
16. Use, possession, manufacture, processing, distribution, or sale of any drug or controlled substance except as expressly permitted by law. The term "Controlled substance” is defined in Indiana, and includes, but is not limited to, substances such as marijuana, cocaine, narcotics, certain stimulants and depressants, and hallucinogens.
17. Violations of other published IPFW regulations, policies, or rules.
18. Violation of any IPFW rule governing student organizations, or the use of IPFW property (including the time, place, and manner of meetings or demonstrations on IPFW property), or of any other IPFW rule which is reasonably related to the orderly operation of IPFW.
19. Obstruction or disruption of any IPFW activity or inciting, aiding, or encouraging other persons to engage in such conduct. Obstruction or disruption means any unlawful or objectionable acts or conduct: (1) which seriously threaten the ability of IPFW to maintain its facilities available for performance of its educational activities, or (2) which are in violation of the reasonable rules and standards of IPFW designed to protect the academic community from unlawful conduct, or (3) which 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 IPFW; using or occupying any such buildings or grounds in violation of lawful rules or regulations of IPFW, 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 IPFW or the property of others, within such buildings and grounds.
20. Use, sale, distribution, or possession of alcoholic beverages on campus.
1. Demonstrations
Any individual or group activity or conduct, apparently intended to call attention to the participants' point of view on some issues, is not of itself misconduct. Demonstrations which do not involve conduct beyond the scope of constitutionally-protected rights of free speech and assembly are, of course, permissible. However, conduct which is otherwise improper cannot be justified merely because it occurs in the context of a demonstration. Demonstrations which involve violations of any subsection of Part II-A or B will not be permitted. A student will be charged with misconduct for any individual misconduct committed by the student in the course of a demonstration.
2. Misconduct Subject to Other Penalties
As provided in Chapter 273 of the 1969 Acts of the Indiana General Assembly, misconduct which constitutes a violation of these rules and regulations may be punished after determination of guilt by the procedures herein provided without regard to whether such misconduct also constitutes an offense under the criminal laws of any state or of the United States or whether such conduct might result in civil liability of the violator to other persons.
3. Personal Conduct Not on IPFW Property
IPFW may discipline a student for acts of personal misconduct that are not committed on campus property or in connection with an IPFW activity if the acts distinctly and adversely affect the security of the campus community or the integrity of the educational process.
Except where summary action is taken as provided in Part III-C, the status of a student charged with misconduct shall not be affected, pending the final disposition of charges. The effective date of any disciplinary penalty shall be a date established by the final adjudicating body (dean of students or the Campus Appeals Board). In case of suspension or expulsion, the student shall not be withdrawn any earlier than the date the notice of charges originated or later than the effective date established by the final adjudicating body.
IPFW procedures for imposing academic and disciplinary sanctions are designed to provide students with the guarantees of due process and procedural fairness. Except as provided in Part IV, the procedures hereby established shall be followed in all cases in which IPFW institutes disciplinary proceedings against students for violations of rules of student conduct set forth in Part II.
1. When a student commits an act of academic misconduct that is not related to a course in which the student is enrolled, the dean of students has the authority to initiate academic misconduct proceedings against the student after consulting with the dean or director of the school or division in which the student is enrolled. The proceedings are governed by the same procedures that apply to acts of personal misconduct (Part III-B-1).
2. When a student in a course commits an act of academic misconduct related to that particular course, the instructor who is teaching the course has the authority to initiate academic misconduct proceedings against the student in accordance with the established procedures (Part III-A-2a).
a. An instructor who has information that a student enrolled in a course being conducted by the instructor has committed an act of academic misconduct related to that course is required to hold an informal conference with the student concerning the matter within 10 class days of discovering the alleged misconduct. The faculty member must advise the student of the alleged act of misconduct and the information upon which the allegation is based.
b. If the instructor concludes that the student did commit the act of misconduct as alleged, the instructor is authorized to impose an appropriate academic sanction related to the particular course involved. An appropriate academic sanction for such misconduct may include, but is not limited to, any of the following:
(1) The student may be given a lower grade than the student would otherwise have received or a failing grade for any assignment, course work, examination, or paper involved in the act of misconduct.
(2) The student may be required to repeat the assignment, complete some additional assignment, or resubmit any assignment, course work, examination, or paper involved in the act of misconduct.
(3) The student may be given a lower grade than the student would otherwise have received or a failing grade for the course.
c. After imposing an academic sanction, the instructor is required to report the matter and action taken within 10 class days in writing to the student, the chair of the student's department, the dean or director of the student's school or division, and the dean of students.
d. If the student's course grade is affected by the sanction, the student has the right to appeal the academic sanction imposed by an instructor through the IPFW grade appeals system. [See IPFW Academic Regulations-Grade Appeals.]
e. A student may not be placed on disciplinary probation or suspended or expelled from IPFW or a school or division within IPFW because of an act of academic misconduct unless the dean of students concludes that such a sanction is justified by the nature of the act or because the student has committed previous acts of misconduct.
f. If the dean of students concludes that additional disciplinary action is warranted, the proceedings will be governed by the same procedures that apply to acts of personal misconduct (Part III-C-1).
Any member of the IPFW community may initiate a complaint with the dean of students. Disciplinary proceedings are those proceedings initiated by the issuance of a notice of charges and are governed by the following procedures. Disciplinary proceedings for an act of personal misconduct that is committed simultaneously with an act of academic misconduct are also governed by the following procedures unless the dean of students and the faculty member involved agree otherwise.
a. A disciplinary proceeding is initiated by the dean of students by sending a notice to the student who is the subject of the complaint. If disciplinary proceedings are initiated against a student under the age of 18, the dean is required to make reasonable efforts to assure that the parent(s) or, when appropriate, the legal guardian of the student is notified concerning the proceedings and the nature of the complaint.
b. The notice shall be sent by certified mail to the student's address as it appears in the official records of IPFW or shall be delivered personally to the student. The notice shall quote the rule claimed to have been violated and shall fairly inform the student of the reported circumstances of the alleged misconduct. The notice shall require the student to appear in the office of the dean of students at a time and on a date specified (which ordinarily will not be earlier than three class days after the mailing of the notice) to discuss the alleged violations. A copy of these regulations shall accompany each notice of charges. c. The notice shall inform the student of the following:
(1) The offense the student is alleged to have committed by citing the relevant section of these regulations;
(2) The date, time, and place of the alleged offense, and other relevant circumstances;
(3) The date, time, and place of the informal hearing to discuss the alleged violation;
(4) That the student may have an advisor or other counsel present during the hearing; that an advisor or counsel is limited to the role of advising the student; and that an advisor or counsel may not participate in presenting the case, questioning the witnesses, or making statements during the hearing;
(5) 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;
(6) That, if the student fails to appear for the hearing, the dean of students may: (a) reschedule the conference; (b) dismiss the charges; or (c) if the dean of students reasonably believes the failure to appear to be inexcusable, impose any of the prescribed disciplinary penalties.
a. When the student appears as required, the dean of students shall inform the student as fully as possible of the facts concerning the alleged misconduct and of the procedures which follow. The student may, but need not, make responses and explanations.
b. If, after discussion and such further investigation as may be necessary, the dean of students determines that the violation alleged is not supported by the evidence, the dean of students shall dismiss the accusation and notify the student.
c. If, after discussion, or if the student fails to appear, and if the dean of students believes that the violation occurred as alleged, the dean of students shall so notify the student and shall propose a disciplinary sanction by means of a written notice. The student, by such notice, shall be offered the choice of either consenting to the determination and proposed penalty or of requesting a hearing before the Campus Appeals Board. Should a student desire a hearing before the Appeals Board, the request shall be made in writing and delivered to the office of the dean of students no later than seven class days after the mailing of the notice.
d. If no written choice is received by the dean of students within the time specified, no further hearing shall be held, the disciplinary sanction proposed by the dean of students shall be imposed, and the action shall be considered final.
e. Both the student and the student's accuser shall be informed of the outcome of any hearing brought alleging a sexual assault.
The dean of students is authorized to impose any one or a combination of the following sanctions for acts of personal misconduct:
a. Reprimand and Warning. A student may be given a reprimand accompanied by a written warning that the student may receive additional sanctions if the student engages in the same misconduct again or commits any other violation of this code.
b. Disciplinary Probation. A student may be placed on disciplinary probation for a specified period under conditions specified in writing by the dean of students, with a warning that any violation of the conditions or any further acts of misconduct may result in additional disciplinary sanctions, including suspension or expulsion from IPFW. As a condition of probation, the student may be required to participate in a specific program, such as an alcohol-education program, or to provide a specific service, such as the repair or restoration of any property damaged or taken by the student.
c. Restitution. A student may be required to pay the cost for the replacement or repair of any property damaged by the student. If the student fails to pay the cost or make the repairs, the student may be subjected to additional sanctions, including suspension or expulsion.
d. Participation in a Specific Program. A student may be required to participate in a specific program, such as an alcohol-education program. If the student fails to participate in the program as directed, the student may be subjected to additional sanctions, including suspension or expulsion.
e. Provision of a Specific Service. A student may be required to provide a specific service, such as the repair or restoration of any property damaged or taken by the student. If the student fails to provide the service as directed, the student may be subjected to additional sanctions, including suspension or expulsion.
f. Suspension. A student may be suspended from classes and future enrollment and excluded from participation in all aspects of campus life for a specified period of time.
g. Expulsion. A student may be dismissed from IPFW. The student may, after two years, petition for readmission to IPFW.
1. 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 Chancellor, 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.
2. 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 Chancellor, or if at any time the Campus Appeals Board cannot function because of the refusal of any member or members to serve, the Chancellor may make appointments, fill vacancies, or take such other action as deemed necessary to constitute a Campus Appeals Board.
3. 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 Student Judicial Court rulings; and appeals of faculty/staff decisions claimed to violate established student rights. Students who wish to request a hearing before the Campus Appeals Board shall submit a written request to the dean of students who shall in turn contact the chair of the Board. Before hearing the details of a case in which a faculty/staff decision or action is claimed to violate established rights, the designated hearing panel shall decide by majority vote whether there is a basis to grant the request for hearing. The bases for a decision to grant a request for hearing include (but are not limited to) a finding that: 1) improper procedures have been followed at earlier steps of the appeals process; 2) new information is present; or 3) the faculty or staff member has declined to accept the recommendation of the unit head or the head of the next highest administrative level. If a request for a hearing is granted, the chair of the Board will make arrangements for the hearing by phone or email. The student and all other parties shall be notified of the arrangements for the hearing.
b. In all cases where an appeal is heard the chair shall inform the parties to the appeal, in writing, of the following:
(1) The violation alleged to have been committed, by citing the relevant section of these regulations;
(2) The date, time, and place of the alleged violation, and other relevant circumstances of the complaint, including a summary of the evidence upon which the charges are based;
(3) The date, time, and place of the hearing, which shall not be earlier than 10 class days after the date of the notice except by agreement of parties to the complaint;
(4) That
the parties must prepare a list of the persons that may be presented as
witnesses and/or whose statements may be offered as evidence at the hearing for
distribution to the parties and submit that 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;
(8) That the hearing will be closed to the public, unless both parties to the appeal request 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;
(9) That failure to appear at the hearing will be action for which the student forfeits the right of appeal if the Campus Appeals Board, upon diligent inquiry, finds such failure to be inexcusable;
(10) 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;
(11) 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 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 accuser shall be informed of the
outcome of the appeals proceedings.
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 further 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 Student Judicial Court rulings shall additionally be informed:
(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.
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 Chancellor or the 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 Chancellor or the 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.
Time limitations specified in the preceding sections of this code may be extended by either the dean of students or the Campus Appeals Board for a reasonable period if an extension is justified by good cause under the totality of the circumstances. The documentation for extending the time limitations must be provided to the student.
Incidents of alleged student misconduct normally will be adjudicated in accordance with the provisions of the preceding regulations. If, however, the available evidence indicates that the student may be suffering from a mental disorder (as defined by the current edition of the American Psychiatric Association Diagnostic and Statistical Manual), and if the student's behavior poses a significant danger of causing harm to self, other persons, or property, or substantially disrupts the normal activities of IPFW, the student may be asked to withdraw voluntarily or may be administratively withdrawn involuntarily from IPFW.
1. The dean of students shall determine in each individual case whether it shall be handled through this policy or through other student disciplinary procedures.
2. A student may be requested in writing and/or orally (depending upon the urgency of the situation) to attend an informal meeting with the dean of students and an IPFW counselor for the purpose of determining the seriousness of the student's condition and, if so, the necessity for withdrawal. Such a request will include a statement of the reasons for IPFW concern. Parents, spouses, or other appropriate persons (i.e., faculty, counselors, psychologists, etc.) may be contacted either by the student or by IPFW for information and may, with the consent of the student, participate in the informal meeting. At the meeting the reasons for IPFW's concern regarding the student will be clearly stated, and the student will be given an opportunity to respond to these concerns. If after the meeting the student is found not to have a serious mental disorder, the student will be so informed in writing and allowed to continue as a student.
3. If, after the informal meeting, the dean of students and the IPFW counselor decide that the student should withdraw from IPFW and be permitted to reenter IPFW only with their approval, the student shall be informed of such decision and the reasons therefor. The student will receive a written notice of the decision and reasons within 10 class days after the informal hearing. If the student agrees to voluntarily withdraw from IPFW on such conditions, regular withdrawal procedures will be followed. However, the student may be permitted to withdraw voluntarily without grades if in the judgment of the dean of students and the IPFW counselor the circumstances warrant such action.
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 Chancellor 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 licensed psychologist or 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 Chancellor of IPFW. The decision of the committee shall be binding upon the student and IPFW.
Students having complaints concerning actions or decisions which are claimed to violate rights established under Part I of the Code, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, Ethical Guidelines for Computer Users, or HIV/AIDS Guidelines, must first seek to resolve their complaints with the faculty or staff members responsible for the actions or decisions claimed to violate their rights. For a complaint to receive consideration under these procedures, the student must first make a reasonable effort to resolve the complaint informally with the responsible faculty/staff member. The effort to resolve the complaint informally with the responsible faculty/staff member must be initiated by the student in a documented manner no later than the fourth week of the fall or spring semester immediately following the session in which the action or decision which is the basis for the complaint occurred. The documentation only needs to be dated and indicate that the student has made a good-faith effort at initiating the conversation with the responsible faculty/staff member. 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. For a complaint to continue to receive consideration under these procedures, the student must initiate each successive step in the process within 30 calendar days of conclusion of the previous step. In addition, it is expected that each step in the process will be concluded within 30 days of initiation. 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 Chancellor of IPFW.
As provided in the Indiana University-Purdue University Fort Wayne Management and Academic Mission Agreement, "Purdue University shall be responsible for all policies related to student matters. IPFW student rights, responsibilities, and standards of conduct will be established by campus administrators in consultation with the student and faculty government organizations and with the IPFW Community Advisory Council and shall be consistent with the principles established by Purdue and Indiana universities."
These regulations, and any amendments hereto, shall take effect on a date prescribed by the Trustees of Purdue University and shall remain in effect until rescinded or modified by them. Amendments may be proposed at any time by the Indiana-Purdue Student Government Association, Fort Wayne Senate, IPFW administrative staff, Community Advisory Council, or by the Trustees of Purdue University.