Copied below is the 2010-2011 academic year version of the Code of Student Life Judicial Procedures, which is applicable for incidents occurring after August 12, 2010.
For any incidents before August 12, 2010 please use the 2009-2010 Judicial Procedures for Alleged Violations of the Code of Student Life.
B-a. Judicial Procedure for Alleged Violations of the Code of Student Life
10. Criminal Charges
These procedures govern complaints accusing students of violating Rules 2-25 of the Code of Student Life except for complaints involving sexual misconduct or other designated offenses (see B-b below). The Dean of Students decides which procedure to use and assigns an administrator to the case. For cases of misconduct which occur in University Housing facilities, the Dean of Students may resolve the complaint under these Code of Student Life procedures or utilize the Housing disciplinary procedures. Other violations will be handled as follows:
i. Alleged violations of Rule 1 (Academic Misconduct) are handled under the procedures described in Part C, Academic Misconduct.
ii. Complaints of abuse of service privileges, such as overdue library books, parking violations, intramural sports infractions, and misuse of placement offices and computer services, are resolved within the particular department that provides the service in question.
iii. Formal complaints about sexual misconduct should be made to the UI Sexual Misconduct Response Coordinator (335-6200). Sexual misconduct complaints are resolved under the Judicial Procedures for Allegations of Sexual Misconduct set forth in B-b below. When a complaint of sexual misconduct is filed with the Sexual Misconduct Response Coordinator and referred to the Dean of Students, the Dean of Students shall designate an administrator to investigate the complaint. The investigator designated by the Dean is referred to in B-b below as the Sexual Misconduct Enforcement Officer. The Dean of Students may also elect to resolve stalking complaints, no-contact order violations, and/or dating violence under the Sexual Misconduct procedures. Depending upon the procedural election of the Dean of Students, an allegation of student conduct in violation of Rules [2-17] of the Code of Student Life may be resolved under the procedures below or under the Judicial Procedures for Allegations of Sexual Misconduct.
Persons with questions as to which University procedures apply to a particular situation may contact the Office of the Dean of Students or the University Ombudsperson for more information.
Any person may bring a complaint against a student under these procedures based on an alleged violation of the Code of Student Life (see extent of jurisdiction in introduction). Complaints alleging non-sexual misconduct in violation of Code of Student Life Rules 2-25 are made to the Office of the Dean of Students. When such a complaint of misconduct is made to the Office of the Dean of Students, an administrator (referred to as the Judicial Administrator) will be designated to investigate the complaint
In investigating a Code of Student Life complaint, the Judicial Administrator will gather relevant evidence to determine whether one or more misconduct rules were violated. The Judicial Administrator has the authority to issue interim sanctions during the investigation as explained below in Section 8. Based on the initial review of the complaint, the Judicial Administrator may send a Policy Reminder Letter to the student accused of misconduct. A Policy Reminder Letter is not considered a finding of responsibility, but rather a formal notice of University rules.
The investigation process is not open to the public. To ensure confidentiality of student record information, the process followed shall comply with all state and federal rules governing student records. The Judicial Administrator will notify the student accused of misconduct of the allegations in a Notice of Complaint letter in writing or by electronic mail. The letter will explain the Judicial Procedures for Alleged Violations of the Code of Student Life.
The Notice of Complaint letter may direct the accused student to attend a pre-scheduled meeting. At the meeting, the accused student has the right to respond to the charges, to submit documents and other relevant evidence, and to identify witnesses who may have information relevant to the complaint. The accused student also has a right to bring an advisor (e.g., attorney, parent, support person) to this meeting. If the accused student decides not to respond to the Notice of Complaint, the Judicial Administrator has the authority to complete the investigation without input from the accused student or to reschedule the meeting. If the accused student does not attend the meeting, the Judicial Administrator can impose sanctions, including sanctions for non-compliance, if the administrator determines that the accused student violated one or more Code of Student Life rules.
While the Judicial Administrator's investigation is pending, the person who brought the complaint and the person accused of misconduct each have the right to know, upon request, of the status of the investigation. The student accused of misconduct may consult with the University Ombudsperson or other advisers during the investigation.
The standard of proof under these procedures is preponderance of evidence. After completing the investigation and consulting with the Dean of Students, the Judicial Administrator may resolve a complaint in one of three ways: (1) dismiss all of the misconduct allegations without imposing sanctions; (2) determine that the accused student violated the Code of Student Life and that non-suspension sanctions should be imposed; or (3) determine that the accused student violated the Code of Student Life and that suspension or expulsion should be imposed.
a. Non-Suspension Sanction Cases
If the violation does not involve a possible suspension or expulsion, sanctions may be imposed by the Judicial Administrator. With the exception of university suspension or expulsion, the Judicial Administrator has the authority to impose on the accused student any one or a combination of the disciplinary sanctions listed below in Section 7.
The Judicial Administrator's findings of fact shall be summarized in a letter to the accused student. This letter shall also specify the sanctions imposed by the Judicial Administrator. The Judicial Administrator's letter to the accused student shall reference the appeal procedure and set a deadline for appealing the Judicial Administrator's decision to the Vice President for Student Services (see non-suspension case appeals in Section 6 below). Upon request, the accused student shall be given access, as provided by education record laws, to the documents and other evidence pertaining to the accused student which was compiled by the Judicial Administrator during the investigation.
b. Suspension Sanction Cases
In cases where a university suspension or expulsion may be warranted if the accused student is found guilty, the Judicial Administrator will consult with the Dean of Students. The Dean may choose to further investigate the complaint or to order a suspension hearing as described in Section 5 below. If the Dean of Students chooses to further investigate the complaint prior to ordering a suspension hearing, the Dean or designee will contact the accused student to schedule a meeting. At the meeting, the accused student has the right to respond to the charges, to submit documents and other relevant evidence, and to identify witnesses who may have information relevant to the complaint. The accused student also has a right to bring an advisor to this meeting.
i. Student Does Not Dispute Charges
In cases where the accused student acknowledges he or she violated the rules outlined in the Code of Student Life, the Dean of Students may suspend the student or impose non-suspension sanctions. The process for appealing sanctions issued by the Dean of Students in non-disputed cases follows the post-hearing appeal process described below in Section 6.
ii. Student Disputes Charges
In cases where the allegations are disputed by a student who is facing a university suspension, the Dean of Students shall schedule a formal administrative hearing. The hearing shall follow the process describe below.
The Vice President for Students Services is responsible for designating administrators who may serve as Hearing Officers. The Dean of Students shall designate the Charging Officer for the case and the Hearing Officer from among those listed by the Vice President.
The accused student has the right to request a different Hearing Officer. This request must be made in writing to the Dean of Students at least 2 University business days before the hearing is scheduled to begin. At the discretion of the Dean of Students, this request will be granted if the student can show that the original Hearing Officer has a conflict of interest or a demonstrated bias in the case.
The Charging Officer's role is to represent the University at the formal hearing and to coordinate the presentation of evidence against the accused student. The Dean of Students, the Judicial Administrator, or another appropriate person may be designated to be the Charging Officer.
a. Notice of Hearing
It is the responsibility of the Charging Officer to send the accused student the Notice of Hearing letter, with a copy to the Hearing Officer. The Notice of Hearing shall (1) set out the rule or rules which have been allegedly violated, (2) state the alleged actions or behavior, (3) list the names of any witnesses intended to be called by the charging party, (4) advise the student of his or her rights and of the hearing procedure, (5) state the time and place of the formal hearing, and (6) specify the sanction(s) to be imposed if the student is found guilty. Depending upon the hearing officer's findings, the Dean of Students may elect to reduce unilaterally the severity of the sanctions following receipt of the Hearing Officer's decision.
The accused student will be mailed or served the Notice of Hearing at least 7 University business days before the hearing. Notice of Hearing will be sent by U.S. mail, campus mail (for on-campus residents), electronic mail, or served personally. The accused student will receive notification of names of any additional witnesses intended to be called by the Charging Officer at least 2 University business days before the hearing is scheduled to take place.
b. Consolidated Hearings
The Dean of Students may elect to resolve two or more complaints against one student at a single hearing. In addition, the Dean of Students may elect to resolve a complaint against two or more students at separate hearings or at a single hearing in the event that the complaints arose out of the same transaction or occurrence. Any challenge about complaint consolidation or separation will be determined by the Hearing Officer. To challenge a decision to separate or consolidate a complaint, the accused student must notify in writing the Hearing Officer of the grounds for the challenge at least 2 University business days before the hearing is scheduled to take place.
c. Postponing the Hearing
If the accused student cannot appear at the time specified in the Notice of Hearing, the accused student must contact the Hearing Officer at least 2 University business days before the hearing is scheduled to arrange a different time for the hearing. If the accused student has not contacted the Hearing Officer and does not appear at the hearing, the Hearing Officer may make a decision on the charge.
d. Registration Withdrawal by Accused
After the Notice of Hearing letter has been sent to the accused student, the Dean of Students may elect to cancel the hearing if the accused student withdraws his or her registration from the University before the hearing. A restriction shall be placed on the registration of the student and the student's record shall indicate that he or she withdrew after a disciplinary complaint was filed. The student may petition the Dean of Students for reinstatement no sooner than one full semester after withdrawing from the University.
e. Rights of Accused Student at the Formal Hearing
The accused student has the following rights at a hearing: (1) to respond to the charges; (2) to present witnesses and evidence; (3) to cross-examine witnesses presenting evidence against the student as long as the questions are relevant, material, and not unduly repetitive; (4) to be represented by an adviser at the student's expense. Prior to the hearing, the student has the right to examine his or her disciplinary file in the Office of the Dean of Students. The student also has a right to know and review, upon request, the written documents or other physical evidence in the disciplinary file the Charging Officer plans to present at the hearing. To examine the disciplinary file or learn what documents will be presented at the hearing, the student should contact the Office of the Dean of Students at least 2 University business days before the hearing is scheduled to take place and arrange a meeting.
f. Rights of Complaining Party at the Formal Hearing
The person who filed the complaint has the following privileges at a formal hearing if he or she elects to testify; (1) to present his or her side of the story; (2) to be accompanied by a person who may advise him or her of the hearing process; (3) to remain in the hearing room during the hearing; and (4) to be informed of the outcome of the hearing as permitted under federal laws governing confidential student record information.
g. Rules of Hearing Adjudication
The Hearing Officer shall preside at the hearing. At the start of the hearing, the Hearing Officer shall (1) inform the student of the charge, the hearing procedures, the sanctions to be imposed if found guilty, and his or her rights and (2) answer any questions the parties may have. The Hearing Officer shall hear and receive evidence to determine whether a violation of the Code of Student Life has occurred. The hearing shall be recorded.
After informing the student of the hearing procedures, the Hearing Officer shall ask the student charged to plead to each charge. If the student pleads not responsible, the Charging Officer shall present the University's case and shall offer evidence, which may include written testimony and witnesses, in support of the charge. Ordinarily, each witness will remain outside of the hearing room until called to testify and, once seated, will be requested to respond truthfully to the questions posed. The accused student may cross-examine the witnesses presented by the charging party. The accused student may then present his or her case and may offer evidence, including written testimony and witnesses. These witnesses shall be subject to cross-examination by the Charging Officer. The student and the Charging Officer may present character witnesses in cases where such evidence is relevant to the findings of fact.
If the student pleads responsible to all of the charges contained in the Notice of Hearing, the Hearing Officer may elect to conclude the hearing.
The Hearing Officer shall control the hearing process and maintain a level of decorum appropriate for a quasi-judicial proceeding at an educational institution. In the event the hearing is disrupted, the Hearing Officer may order individuals from the hearing room to preserve decorum.
h. Privacy and Partitions
The hearing shall be closed unless the accused student specifically requests in writing at least 2 class days before the hearing that the hearing be open. If the student requests an open hearing, the Hearing Officer may nonetheless elect to close all or part of the hearing. The Charging Officer may request that the Hearing Officer place partitions or other physical barriers in the hearing room between the complaining party and the accused student. If partitions are installed to prevent the two parties from viewing each other, the accused student shall have the opportunity to question the complaining witness even though the accused student cannot view the complaining party due to the partitions. A request to install partitions must be made in writing at least 2 class days prior to the hearing with a copy to the accused student.
The process of cross-examination shall be determined by the Hearing Officer at the start of the hearing. Ordinarily, questions are submitted either verbally or in writing to the Hearing Office for evaluation first before the witness is asked to answer. A proposed question may be modified by the Hearing Office in order to mediate the question tone or to ensure the clarity of the question. Depending upon the preferences of the Hearing Officer, the Charging Officer and the accused student may be permitted to ask their questions directly to the witness.
j. Standard of Proof
The Charging Officer must show by a preponderance of evidence that the Code of Student Life was violated. The Hearing Officer may exclude irrelevant, immaterial, or unduly repetitive evidence. A finding by the Hearing Officer shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their serious affairs. Objections to evidence or witnesses may be made and shall be noted in the record.
k. Hearing Officer's Decision
The Hearing Officer's decision shall be issued in writing within 10 University business days after the conclusion of the hearing. Notification of Decision shall be sent to the Dean of Students with a copy to the accused student, the Charging Officer, and to other appropriate University officers. If the accused student is found not guilty of all Code of Student Life charges, the complaint will be considered dismissed and the sanctions listed on the Dean of Student's sanction document shall not go into effect unless the Hearing Officer's decision is modified on appeal.
If the accused student is found to have violated the Code of Student Life, the Dean of Students will review the hearing officer's written decision and the pre-hearing list of sanctions. If the Dean of Students decides to reduce the severity of the sanctions in light of the hearing officer's decision, the Dean of Students will write to the accused student and outline the final list of sanctions. The Dean of Students' notification of sanction letter shall include a statement of the appeal procedure. If the Dean of Students decides to impose the sanctions specified in the pre-hearing list of sanctions, the Dean of Students will write to the accused student and confirm his/her sanction decision by attaching a copy of the pre-hearing list of sanctions and a copy of the appeal procedure. The sanction document would then be placed in the student's disciplinary file in the Office of the Dean of Students.
It is the responsibility of the Dean of Students to notify the complaining party in writing of the outcome of the hearing and of the sanction in a timely manner consistent with federal and state privacy laws. The Dean of Student's letter to the complaining party should include a statement explaining the appeal procedure as set forth below.
When a Judicial Administrator or Hearing Officer finds the accused student responsible for violating the Code of Student Life, the accused student has the opportunity to appeal the outcome and request an administrator review the decision and the sanctions. Appeals are administered either by the Vice President for Student Services or by the Office of the Provost, as explained below. Interim sanctions are appealed under a different process (refer to Section 8 for information about the process for modifying interim sanctions).
In some cases, a student who brought a complaint against another student has the opportunity to appeal the decision of the Judicial Administrator or Hearing Officer. In cases resolved at a formal hearing by a Hearing Officer, the Charging Officer is permitted to appeal the Hearing Officer's interpretation and application of the conduct regulations. The Charging Officer and the complaining student are not permitted to appeal the Hearing Officer's conclusions as to the facts of the case except to argue they are not supported by substantial evidence.
A party who wishes to appeal the decision or sanctions must file a written notice of appeal with the Office of the Dean of Students. The student may elect to include supporting materials along with the written petition. The petition for appeal should specify the basis for appeal by choosing one or more grounds from the list of grounds set forth below. For an appeal to be considered, a written petition must be received by the Office of the Dean of Students no later than 10 University business days following student's receipt of the written notice of the decision. The appeal may be submitted electronically, by fax or hard copy. If the appeal deadline passes without a written request for review, the sanctions listed in the decision letter to the accused student will become effective and the complaint will be considered resolved. When the Dean of Students receives a petition within the timeframe and confirms the case as appropriate for appellate review, the Dean will refer the entire record of the case to the Vice President for Student Services or the Office of the Provost, as explained below.
Any sanctions imposed shall ordinarily remain in effect while the outcome of the appeal is being considered. A request to stay or suspend disciplinary action must be included in the notice of appeal, or the ability to seek a stay or suspension of disciplinary action is waived. Affirmative written approval by the Dean of Students is required to stay or suspend the disciplinary action.
Grounds for Appeal
The petition for appeal should specify the basis for appeal by choosing one or more grounds from the following list: (1) the decision to find the accused student guilty or not guilty was unsupported by substantial evidence when the information compiled is viewed as a whole; (2) with respect to issues disputed during the investigation, the decision was, as a whole, unreasonable, arbitrary, or capricious or characterized by an abuse of discretion or clearly unwarranted exercise of discretion; (3) the sanction imposed for the violation was unreasonably harsh or lenient when the nature of the violation and the disciplinary record of the accused student are considered; (4) the procedures were not properly followed and the error or oversight substantially compromised the student's rights; or (5) new evidence, not reasonably available at the time of the hearing, is of sufficient importance to warrant reconsideration by the Judicial Administrator, Dean of Students, or the Hearing Officer.
Appeals Review Process
Appeals in cases that do not result in suspension or expulsion are reviewed by the Vice President for Student Services or designee (Vice President). Appeals in suspension and expulsion cases are reviewed by the Provost or designee (Provost). The Dean of Students shall deliver the appeal petition and the student's disciplinary file to the Vice President or Provost no later than 10 University business days after the Dean's receipt of the notice of appeal. Depending upon the nature of the complaint, the status of the appellant, and the content of the appeal petition, the Dean may notify the complaining party and/or the accused student of the contents of the appeal.
Before delivering the student's file to the Vice President or Provost, the Dean may decide to insert in the student's disciplinary file a written response to the appeal petition. A copy of this letter will be sent to the person who filed the appeal. Within 10 University business days of the date the record is sent, the appealing party may respond to the letter submitted by the Dean of Students. Any response shall be in writing addressed to Vice President or the Provost, with a copy provided to the Dean of Students.
In cases resolved by the Judicial Administrator, the Vice President may determine to affirm the Judicial Administrator's decision on appeal after reviewing the information compiled by the Judicial Administrator during the investigation and the past disciplinary record of the charge student. Alternatively, the Vice President may determine to reverse or modify the outcome, or grant other appropriate relief, or remand the complaint to the Judicial Administrator with instructions to investigate the complaint further. If the Vice President for Student Services believes a university suspension may be warranted, the Vice President may order a formal suspension hearing (in which case the accused student would be notified of the time and place of the hearing and the name of Hearing Officer as explained Section 5). A decision by the Vice President to grant relief to the appellant shall be based on one or more of the grounds listed above. The Vice President's decision on appeal will be transmitted in writing to the Judicial Administrator, to the accused student, and to other appropriate University officials within 20 University business days following receipt of the appeal petition. A summary of the outcome of the appeal may be provided to the complaining party. The final decision on appeal, as well as the notices and other related documents, will be kept in the student's disciplinary file in the Office of the Dean of Students.
In suspension and expulsion cases, the Provost shall review the record of the case and the past disciplinary records of the accused student. The Provost or designee may decide to affirm the decision. Alternatively, the Provost or designee may determine to reverse or modify the outcome, or grant other appropriate relief, or remand the complaint to the Hearing Officer (in cases which were resolved at a formal hearing) with instructions to reconsider the decision. If no formal hearing was conducted by an Administrative Hearing Officer prior to the appeal and an issue of fact is in dispute which is material to the outcome of the case, the Provost or designee may refer the case back to the Dean of Students and order an evidentiary hearing. A decision by the Provost to grant relief to the appellant shall be based on one or more of the grounds listed above. In responding to an appeal by the Charging Party, the Provost or designee may affirm or modify the Hearing Officer's interpretation of the student conduct rules.
The decision on appeal and the reasons therefore will be transmitted in writing to the person who filed the appeal, to the accused student, the Charging Officer (in a case resolved at a hearing), to the Dean of Students, and to other appropriate University officials within 20 University business days of the receipt of the appeal petition. A summary of the decision on appeal may be provided to the complaining party. The decision of the Hearing Officer and the final decision on appeal, as well as the notices and other related documents, will be kept in the student's disciplinary file in the Office of the Dean of Students.
The following sanctions are to serve as guidelines rather than as a definitive list of sanctions. A single sanction or a combination of sanctions may be imposed.
i. Disciplinary Warning: This sanction is a strong, written warning that if there is a repetition of the same action or any other action in violation of the Code of Student Life, the student can expect additional disciplinary action.
ii. Disciplinary Probation: When on disciplinary probation a student is not considered to be in good standing with respect to the non-academic disciplinary system and any further violations may lead to suspension or expulsion from the University.
iii. Restitution and Fines: A student may be assessed reasonable expenses related to the misconduct. This may include, but is not limited to, the repair/replacement cost for any damage he or she causes to property or medical or counseling expenses incurred by the victim. If a student violates a residence hall policy that calls for the imposition of a fine, a fine will be assessed consistent with residence hall practice.
iv. Educational Sanction: A student may be required to provide a specific service or participate in a specific program, receive specific instruction, or complete a research assignment. The student is responsible for related expenses, including expenses for education, counseling, or treatment, if any expense is entailed.
v. Exclusion from University Facilities or Activities: A student may be terminated from employment or prohibited from accessing University computer equipment or internet connections, attending a class, undertaking University employment, entering a building, participating in a co-curricular activity recognized or sponsored by the University, representing the University in an official capacity, or using other services provided by the University. Such exclusion may be for a definite or indefinite period of time.
vi. Disciplinary Suspension: A student may be involuntarily separated from the University for a stated period of time after which readmission is possible. A student with one or more violations may be suspended from the University for an indefinite period of time. A student suspended indefinitely may petition to the Dean of Students for reinstatement.
vii. Expulsion: When a student has a record of serious violations, he or she may be dismissed from the University permanently.
viii. Residence Hall Suspension or Transfer: A student may be involuntarily removed from the residence halls or transferred to a different hall or floor. Unless specifically permitted to do so by the Dean of Students, a student suspended from the residence halls is ineligible to use residence hall services, including board plans, and may not enter the residence halls. For purposes of progressive discipline, a student suspended from the residence halls may be suspended or expelled from the University if he or she is found to have violated the Code of Student Life subsequent to the housing suspension.
ix. No-Contact Order: A student may be prohibited from intentionally contacting a student, employee, or visitor to campus in any manner at any time. Such prohibition may be in effect for a specific or an indefinite period of time.
A student may be suspended from the University or have privileges revoked pending the outcome of a disciplinary proceeding if, in the judgment of the Dean of Students or the Judicial Administrator assigned to the case, the student's continued presence or use of privileges at the University pending the outcome of the proceeding is likely to cause harm to faculty, staff, other students, other specified persons or groups, or University property. The Dean of Students or Judicial Administrator will base an interim sanction judgment on evidence gathered in the initial stage of an investigation of the alleged conduct. Ordinarily, the Dean or Judicial Administrator will converse with the student when interim suspension is considered.
A student suspended or restricted under this section may seek review of that decision by requesting the Dean of Students reconsider the decision within 5 University business days after the student has received a notice of interim sanctions. If not satisfied with the response, the student may request that a University disciplinary hearing be held to resolve the merits of the complaint. When a student restricted on an interim basis requests a hearing to resolve the complaint, the type of hearing provided will be determined by the Dean of Students. If the Dean of Students decides to recommend a suspension or expulsion from University classes as the permanent sanction if the student is found responsible for violating Code of Student Life rules, the Dean will order a suspension hearing and assign a Hearing Officer to adjudicate the complaint. When the Dean of Students decides to recommend a sanction less than suspension if the student is found responsible for violating Code of Student Life rules, the Dean will assign a Judicial Administrator to adjudicate the complaint.
Students who fail to comply with a sanction in a reasonably timely manner are subject to additional disciplinary action, which may include Suspension from the University. The Dean of Students' authority to take additional disciplinary action in cases of non-compliance extends to complaints resolved through informal agreement, complaints resolved at a formal hearing, and complaints resolved by another University department such as University Housing.
In the event that a student fails to comply with a sanction and the Dean of Students is prepared to impose a suspension, the student will be notified of the apparent failure to comply and of the Dean of Students' intent to suspend, and provided an opportunity to meet personally with the Dean of Students and explain the circumstances prior to a final decision by the Dean of Students. A student suspended for failing to comply with a sanction may appeal the Dean of Students' decision to the Provost but is not entitled to a formal hearing before a Hearing Officer. All appeals must be made in writing to the Provost within 10 business days following the date of the decision by the Dean of Students.
If disciplinary action is taken against a student under these procedures and a sanction imposed, a record of the action will be kept by the Office of the Dean of Students. Ordinarily, disciplinary records are kept on file until a student graduates or 3 years following resolution of the case, whichever is longer. In suspension or expulsion cases, the disciplinary records are maintained indefinitely.
Under federal law, disciplinary records are part of the education records of the student and, consequently, are not ordinarily available for public disclosure or discussion without prior written permission from the student. There are exceptions in the law to the non-disclosure rule, and the Office of the Dean of Students reserves the right to disclose information contained in education records to other persons or to the public as permitted under the law (refer to "Student Records Policy," Section I.C of Policies & Regulations affecting Students).
Students who face criminal charges may also be subject to University disciplinary sanctions if the conduct which gave rise to the criminal charges also violates the Code of Student Life. An initial investigation may be undertaken before criminal procedures have concluded in order to determine whether interim sanctions are to be invoked. The Dean of Students or the Judicial Administrator may elect to delay the resolution of a Code of Student Life complaint if criminal charges are pending. If the Dean of Students elects to do so, the Code of Student Life complaint will be resolved after the criminal charges are resolved unless the student requests a hearing to resolve a University complaint while criminal charges are pending.
University regulations and procedures are distinct from criminal statutes and procedures. The outcome in a criminal or civil proceeding is not dispositive of the question of whether the Code of Student Life was violated in all cases. If convicted in criminal court of conduct prohibited under the Code of Student Life, a student will be considered responsible for violating University conduct regulations and therefore subject to disciplinary sanctions. For purposes of these procedures, a conviction includes a guilty plea, jury verdict, judicial decision, or deferred judgment.
In the event a convicted student files a criminal appeal, the University will consider the question of criminal guilt to be final only after the matters on appeal have been resolved, although the Dean of Students may impose an interim sanction pending the outcome of an appeal or proceed with disciplinary charges. Due to the less stringent standard of proof under the Code of Student Life judicial procedures (i.e., the preponderance of evidence), a student accused but not convicted of a crime following a trial is still subject to University disciplinary action if found responsible of violating the Code of Student Life by a Judicial Administrator or Hearing Officer.
Because of the threat to the health and safety of our students, the University has established mandatory minimum sanctions for alcohol and drug violations.
Alcohol and drug violations, both on and off-campus, shall include, but not be limited to the following:
Sanctions usually begin at Step 1 and are progressive in nature. However, the type of violation or circumstances may modify the sanctions. The modification may result in more severe or lenient sanctions.
Because of the serious and potentially life-threatening consequences, Operating under the influence (OWI) or a trip to the Emergency Room with a Blood Alcohol Content equal to or greater than .20 will automatically be considered to be 2nd step offenses. Possession of marijuana over 10 grams and other illegal drug offenses also normally result in 2nd step sanctions, except for drug trafficking offenses which are considered 3rd step offenses. If a student has been suspended after reaching the 3rd step and is readmitted to The University of Iowa, the student is readmitted at the 2nd step.
Removal and Deferral of Steps
Any student disciplinary record is maintained in the Office of the Dean of Students as described in Section 10 above.
Students who have received a 1st step sanction may request that the step and the record be removed from their student disciplinary file. A request must be made in writing to the Dean of Students. In order to be eligible to have the step removed, the student must meet the following criteria and present supporting documentation:
Removal of a 1st step is at the sole discretion of the Dean of Students. Additionally, this opportunity for a student to have the 1st step removed does not apply to violations which may have resulted in a sanction above the 1st step.
At the discretion of the Dean of Students, a student receiving a PAULA or similar violation may be granted a deferred 1st step. A deferred 1st step will not be considered an "offense" and will not be maintained as a disciplinary record. However, a letter may be sent to the student's parents notifying them of the violation. If the student receives another alcohol offense of any nature, within a 12-month period, the deferral of the 1st step may be revoked and the second alcohol offense may be considered a 2nd step violation. Moreover, students are only entitled to one deferred step during their attendance at the University.
The health and safety of its students is of primary concern to the University of Iowa. The UI is aware that students are sometimes reluctant to seek medical attention in alcohol and drug related emergencies out of fear they may face University sanctions related to possessing or consuming alcohol or drugs. Because these emergencies are potentially life-threatening, the University of Iowa wants to do what it can to reduce barriers that prevent students from seeking assistance.
University staff members are available to provide medical assistance to students whose health is at risk due to excessive consumption of alcohol and/or drug abuse. When someone is in danger, a student should not hesitate to contact a staff member or to call 9-1-1. In most situations, administrators will not impose disciplinary sanctions on the caller or on the impaired student if timely action is taken to alert emergency personnel.
The Responsible Action Protocol
A student who calls for or seeks emergency assistance on his/her own behalf or on behalf of a student experiencing an alcohol or other drug related emergency will not, in most cases, be subject to status sanctions such as disciplinary probation or suspension under the Code of Student Life. However, the Dean of Students may require completion of alcohol and/or other drug education/counseling. The dean may also notify the student's parents of the alcohol or drug violation.
Scope of Protocol
1. The Responsible Action Protocol applies to students who seek and obtain emergency assistance on their own behalf or on the behalf of another student for a medical emergency related to consumption of drugs and/or alcohol. When a student calls on behalf of an impaired individual and remains with that individual until medical assistance arrives, the caller may not be subject to disciplinary action for violating University alcohol and/or drug rules so long as the caller cooperates with emergency responders.
2. An "emergency" communication is a timely contact with 9-1-1 or University Housing staff when those staff members are not yet aware of the situation. The Responsible Action Protocol does not apply to individuals who telephone friends for assistance, for example, or who experience an alcohol or drug-related emergency that is first discovered by University employees or public safety officials.
3. In most cases, neither the student requiring emergency assistance nor an individual or group who assists will be subject to punitive University disciplinary action. This protocol does not excuse or protect those who flagrantly or repeatedly violate the Code of Student Life and the University Housing Guidebook in regard to alcohol or illegal drug use.
4. The Responsible Action Protocol does not apply if the caller purchased, supplied, or otherwise made available the alcohol or other drug to the student needing medical assistance.
5. If a representative of an organization hosting an event calls for medical assistance, this act of responsibility may mitigate potential judicial consequences that could arise against the organization (i.e., the fact that an organization representative sought help may be considered in potential sanctioning of the organization for policy violations).
6. The protocol applies ONLY to the Code of Student Life and to the University Housing Guidebook. Law enforcement agencies enforcing the laws enacted by the State of Iowa within their jurisdictions, including University of Iowa Police, are not bound by this protocol.
7. The Responsible Action Protocol applies only to alcohol and other drug-related medical emergencies. It does not apply to other prohibited behavior such as disorderly conduct (including physical or verbal abuse), property damage, or distribution of illicit substances.
8. In those cases where a student has been a victim of sexual misconduct while under the influence of alcohol, the Dean of Students will not pursue disciplinary violations against the student (or against a witness) for his or her improper use of alcohol or drugs (e.g., underage drinking) if the student is making a good faith report of sexual misconduct. A student who is under the influence of alcohol or drugs at the time of a sexual misconduct incident should not be reluctant to seek assistance for that reason. In addition, law enforcement authorities in Johnson County have a policy of not pursuing charges for improper use of alcohol against a victim of sexual assault.
Requirements of Protocol
Students considered for the Responsible Action Protocol are required to meet with an administrator from the Office of the Dean of Students or University Housing following the incident. When one student seeks emergency assistance on behalf of another student, both students may be required to meet with the administrator. After evaluating the situation, the administrator may refer either or both students to a substance abuse specialist for assessment, education, and/or possible referral for treatment. Students who are referred for substance abuse counseling, but fail to meet with the counselor and/or fail to complete the recommendations, will be subject to disciplinary action.
Non-emergency referrals for substance abuse counseling are always confidential. Counselors and hospital staff will not disclose the name of a student who has sought counseling assistance to individuals outside of the campus health centers without permission from the student.
Even if disciplinary action is not taken, the Dean of Students reserves the right to notify the student's parents, per standard practice. In accordance with the Discipline Records Management protocol, a case file will be maintained for reference should subsequent alcohol or other drug violations occur. In those subsequent cases, administrators will take into account the previous emergency incident when considering sanctions. Academic transcripts will not reflect the incident.