For any complaints filed before August 15, 2012 please use the Student Judicial Procedure (2011-2012 academic year)
1. Introduction. The University of Iowa’s Student Judicial Procedure is designed to provide a process to investigate and resolve alleged violations of University policies by students.
The student conduct system is not a substitute for the civil or criminal court system. Rather, the Student Judicial Procedure provides a mechanism for the University to determine if University rules have been violated and act in accordance with the findings.
2. Jurisdiction. This Student Judicial Procedure generally governs complaints that accuse students of violating University policies, except for complaints of academic misconduct, abuse of a service privilege, or misconduct in University Housing.
Allegations of academic misconduct are handled under the procedures in Part C. 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.
Complaints against student University employees, who generally serve in an at-will capacity, may be resolved under this process or under policies or procedures applicable to that employment, if any.
For complaints which occur in University Housing facilities, the Dean of Students may resolve the complaint under the Student Judicial Procedure or utilize the Housing disciplinary procedure.
3. Complaint. A complaint that a student policy has been violated may be brought by any person, or by the University itself. The complaint will ordinarily be in writing.
Complaints that involve any allegations of sexual misconduct, dating violence, or stalking will be forwarded to the Office of the Sexual Misconduct Response Coordinator. Complaints of most other type will ordinarily be forwarded to the Office of the Dean of Students. Complaints involving alleged violations of other University policies (for example, the Human Rights Policy and the Anti-Harassment Policy) may be referred to the appropriate University office(s) for investigation and/or adjudication.
If a sexual misconduct, dating violence, or stalking complaint was filed by a person other than the victim, the Dean of Students will notify the victim of the complaint and will determine whether the victim wants the University to move forward with investigating the complaint. When determining whether to honor an victim’s request to refrain from investigating and taking further action on a complaint, the Dean of Students will consult with the Office of the Sexual Misconduct Response Coordinator and should consider the nature of the alleged violation, any other complaints that may have been lodged against the student alleged to have committed the policy violation, and the likelihood of further policy violations or danger to any person. In some cases, the University may need to move forward with an investigation contrary to a victim’s wishes. In those cases, victims are not obligated to participate in the process and will be notified that an investigation is moving forward.
4. Investigation. The Dean of Students may assign a judicial administrator to investigate a complaint against a student. In cases where the allegation may relate to violations of University policies that contain separate procedures, the Dean of Students will consult with any department responsible for investigating under the separate University policies. The Dean of Students and the responsible department shall agree upon the judicial administrator and the applicable procedures. In some cases, there may be more than one administrative investigation and more than one administrative procedure to resolve a complaint.
During the investigation, both the victim and the student allegedly responsible for the policy violation will be allowed to do all of the following: bring an advocate (who may be a certified victim advocate) and advisor (who may be an attorney at the student’s expense) to any meeting with the judicial administrator; meet with the judicial administrator and tell the student’s story; submit documents and other relevant evidence to the judicial administrator; identify witnesses who may have information relevant to the complaint; and receive periodic updates as to the status of the investigation upon request to the judicial administrator. Investigations should be completed as promptly as possible under the circumstances.
5. Interim Sanctions. Pending the investigation and outcome of a complaint, a student accused of violating University policy may be subjected to any sanction set forth in this Student Judicial Procedure, other than expulsion or restitution/fines, on an interim basis. The judicial administrator or Dean of Students will base an interim sanction judgment on evidence available at that time. In cases where suspension is being considered as an interim sanction, the judicial administrator or Dean of Students will consider whether the student’s continued presence at the University pending the outcome of the investigation and hearing creates a continuing danger to persons or property or constitutes an ongoing threat of disruption to the academic process.
Within 5 University business days after receipt of the notice of the interim sanction, a request can be made to the Dean of Students to review and reconsider the interim sanctions.
6. Criminal Charges. University disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both criminal laws and University policy, notwithstanding the fact that an investigation or court proceeding might be pending. University proceedings may occur before, during, or after the criminal court process. The Dean of Students may elect to delay the resolution of a complaint if criminal charges are pending. In sexual misconduct complaints, the administrative complaint investigation will not be delayed except in extraordinary circumstances.
A student charged with criminal misconduct will be considered guilty of violating University conduct regulations and therefore subject to disciplinary sanctions if convicted in criminal court of conduct prohibited under the sexual misconduct rules and/or the Code of Student Life. For purposes of these procedures, a conviction includes a guilty plea, jury verdict, judicial decision, or deferred judgment. Due to the less stringent standard of proof under these judicial procedures, a student charged but not convicted of a crime is still subject to University disciplinary action if found guilty by an adjudicator or judicial administrator. Findings or sanctions imposed under this Student Judicial Procedure shall not be subject to change even though criminal charges arising out of the same facts were dismissed, reduced, or resolved in favor of the accused student.
7. Resolution by the Dean. In cases where the allegations are disputed by a student who is facing a university suspension or expulsion, the Dean of Students shall schedule a formal administrative hearing (see Section 12). 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, expel, 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 15.
In a sexual misconduct case, the Dean of Students will consult with the Office of the Sexual Misconduct Response Coordinator, as well as the complaining party or the victim, or both if they are different people, before implementing a resolution under this provision. If the accused student that agrees to accept the sanction(s) imposed by the Dean of Students at any point in the processes set forth in the Student Judicial Procedures, the complaint will be considered resolved. In these cases, the student waives any subsequent right to a hearing and any subsequent right to an appeal.
8. Withdrawal of Accused Student. A restriction may be placed on the registration of a student who voluntarily withdraws after a complaint is filed, but before a hearing is recommeded. The student’s record may indicate that he/she withdrew after the disciplinary complaint was filed. Resolution of the case and permission from the Office of the Dean of Students will be required before a withdrawn student may be permitted to reenroll.
If the accused student elects to withdraw his or her registration from the University voluntarily after a hearing is recommended but before the hearing is held, the Dean of Students may proceed to the hearing stage notwithstanding the withdrawal unless the accused student agrees to accept the sanction(s) imposed by the Dean of Students and waive any subsequent right to a hearing and waive any subsequent right to an appeal. In these cases where the sanction is suspension or expulsion, the Dean of Students may place the notaction "Not Permit to Register, Dean of Studnets" on the student's academic transcript.
9. Standard of Proof. The standard of proof under this Student Judicial Procedure is a preponderance of the evidence. If the judicial administrator determines that it is more likely than not that no policy violation occurred, the complaint will be dismissed. If the judicial administrator or adjudicator determines that it is more likely than not that one or more University policies were violated, a sanction or sanctions will be imposed.
10. Judicial Administrator Decision. The judicial administrator decision letter shall summarize the findings of the investigation and identify any rules violated. The letter shall also note any sanctions imposed or, in the case of potential suspension or expulsion, the letter shall recommend a formal hearing. In sexual misconduct cases, the judicial administrator will, at approximately the same time, also inform the person who filed the complaint and the person harmed by the behaviors determined in the investigation in writing of the outcome of the investigation, to the extent permitted by federal and state laws governing student privacy and confidential student records. The judicial administrator will provide a copy of the decision letter to the Dean of Students and to other appropriate University offices, including the Office of the Sexual Misconduct Response Coordinator in cases involving sexual misconduct, dating violence, or stalking.
11. Cases that do not Involve Suspension or Expulsion. Upon a finding that it is more likely than not that a policy violation occurred, the judicial administrator has the authority to impose any disciplinary sanction other than suspension or expulsion. An explanation of some such sanctions can be found in Section 14. Decisions of the judicial administrator can be appealed through the process set forth in Section 15.
12. Formal Hearing Procedure for Suspension and Expulsion Cases.
(A) Roles. In cases where the judicial administrator finds it more likely than not that a policy violation occurred but determines the recommended sanction to be suspension or expulsion, the Dean of Students will order a formal hearing and assign a charging officer and an adjudicator.
The charging officer’s role is to coordinate the presentation of witnesses and evidence against the accused student, and urge the adjudicator to find the accused student responsible for alleged rule violation(s). The judicial administrator may be appointed as the charging officer. The charging officer may call witnesses; ask clarifying procedural questions of the adjudicator; may lodge objections to witnesses, evidence, and others issues; and may consult with witnesses, advocates, or attorneys, but the charging officer otherwise may not speak during the hearing unless requested by the adjudicator.
The adjudicator’s role is to address prehearing matters, to preside over the hearing, to ask questions of the witnesses, to resolve evidentiary issues and disputes, and to ultimately determine whether a University policy violation has occurred.
If the complaining party, the accused student, or the charging officer believes that the assigned adjudicator cannot fairly and competently hear the student disciplinary case, that party should lodge an objection to the adjudicator in writing via the Dean of Students at least 2 University business days before the hearing is scheduled to begin. The submission shall set forth the ground(s) for the objection, which may include allegations that the adjudicator has a substantial conflict of interest or a demonstrated bias.
(B) Notice of Hearing. The charging officer will provide a notice of hearing to both the complaining party and the accused student. The notice can be served by U.S. Mail, campus mail, fax, electronic mail, or hand delivery. The hearing will not be set sooner than 7 University business days after the service of the notice.
The notice of hearing should include the following information:
1) The time, date, and location of the hearing.
2) The name and contact information of the adjudicator and charging officer.
3) The facts and circumstances supporting the allegation.
4) The rule(s) allegedly violated.
5) A preliminary description of the witnesses and exhibits the charging officer intends to use in the hearing, which may be updated by the charging officer at least 2 days prior to the hearing or as directed by the adjudicator.
6) A copy or a link to these Student Judicial Procedures, which set forth both the procedures for the hearing and the range of potential sanctions that the Dean of Students may choose to impose.
7) A description of any interim sanctions that are in effect before the hearing.
8) Information about the parties’ right to bring an advocate, attorney, and/or advisor to the hearing.
1) Multiple Complaints. When two or more complaints have been lodged against the same student, the charging officer has discretion to set separate hearings for each complaint or to combine the complaints into a single hearing.
2) Multiple Students. When two or more students have been alleged to have violated University policies from the same facts and circumstances, the charging officer has discretion to set separate hearings for each student or to combine the complaints into a single hearing.
(D) Pre-Hearing Preparation. Prior to the hearing, the complaining party, the charging officer, and the accused student have a right to view the documents, records, or other evidence that each party plans to present at the hearing, if any. At least 5 University business days before the hearing, the complaining party, the charging officer, and the accused will also exchange information on potential witnesses each party plans to call, if any, in advance of the hearing. Arrangements relating to the exchange of such witness lists, documents, records, or other evidence will be made by the adjudicator. The adjudicator has the authority to take appropriate and reasonable action or to impose reasonable hearing-related sanctions for non-compliance with these provisions, which may include exclusion of the witnesses or exhibits that were not disclosed in accordance with these provisions. To arrange an appointment to examine the disciplinary file or learn what documents and other evidence will be presented at the hearing, the student(s) 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 with the keeper of the record.
(E) Postponing the Hearing. If the changing officer, complaining party, or accused student cannot appear at the date and time specified for the hearing, that person must request a new hearing date or time from the adjudicator at least 2 University business days before the hearing is scheduled to begin. A hearing is not postponed until the request for postponement is approved by the adjudicator.
(F) Failure to Attend Hearing. If the accused student has received notice and does not appear for the hearing, the charging officer may nevertheless present the information and evidence in support of the allegations and the adjudicator may make a ruling on the merits of the allegations.
(G) Hearing Procedure. Hearings shall be conducted in accordance with the following guidelines:
1) Closed hearing. The hearing will be closed to the public.
2) Record. The adjudicator will maintain the record and all exhibits of the hearing, which may be recorded, until the adjudicator has rendered a decision. The record, all exhibits, and any recordings of the hearing will be the property of the University and kept in the Office of the Dean of Students.
3) Attendance During Hearing. The charging officer, accused student, and the complaining party all have the right to be present for the entire hearing. Attendance may be by telephone, closed circuit television or video conferencing. Attendance by the accused or the complaining party is not required.
4) Advocate. The accused student and the complaining party or the victim have the ability to have an advocate (who may be a certified victim advocate) present throughout the hearing at the student’s or party’s expense. The advocate may ask clarifying procedural questions of the adjudicator and may consult with the party or student who brought the advocate, but the advocate otherwise may not speak during the hearing.
5) Attorney. The accused student and the complaining party or the victim have the ability to have an attorney present throughout the hearing at the student’s or party’s expense. The attorney may call witnesses; ask clarifying procedural questions of the adjudicator; may lodge objections to witnesses, evidence, and others issues; and may consult with the party or student who brought the attorney, but the attorney otherwise may not speak during the hearing unless requested by the adjudicator.
6) Witnesses. The charging officer, the complaining party/victim, and the accused student may call witnesses. Prospective witnesses, except for the complaining party/victim or the accused student, may be excluded from the hearing room until called.
7) Questioning. Consistent with the educational nature of the Student Judicial Procedure, the adjudicator will ordinarily question the accused student, the complaining party or victim, and any witnesses relating to the allegations in the case. The charging officer, accused student, and complaining party may suggest questions to the adjudicator. The adjudicator has discretion to determine the questions posed to the accused student, the complaining party, and any witnesses. A short recess may be necessary to generate and submit questions.
8) Evidence/Evidentiary Standard. The charging officer, accused student and the complaining party may all submit evidence to the adjudicator. The charging officer, accused student, and the complaining party may also review and comment on each other’s evidence submitted to the adjudicator. The adjudicator will note objections to evidence and has discretion to receive or exclude evidence.
The adjudicator has discretion to receive and consider offered evidence, and will base a finding upon the kind of evidence which reasonably prudent persons are accustomed to rely for the conduct of their serious affairs. Except where explicitly provided for in the Student Judicial Procedure, formal or technical rules of evidence or procedure utilized in courtrooms do not apply to the hearing. The adjudicator’s decision may be based upon evidence that may be inadmissible in a criminal or civil court. Irrelevant, immaterial, or unduly repetitious evidence should be excluded.
In cases involving allegations of sexual misconduct, reputation or opinion evidence of the past sexual behavior of the victim is not relevant, and the adjudicator shall not consider such evidence. Further, in cases involving allegations of sexual misconduct, evidence of the victim’s past sexual behavior is generally not relevant, and the adjudicator should normally not consider such evidence. The adjudicator may consider such evidence if it is offered by the accused student to question either consent or whether the accused caused the alleged injury.
9) Standard of Proof. The adjudicator shall apply the “preponderance of evidence” standard described in section 9.
10) Hearing Room Space/Partitions. The adjudicator will accommodate concerns about safety, well-being, confrontation, or scheduling with the parties in any manner determined in the sole judgment of the adjudicator to be appropriate. Such concerns may be resolved by utilizing partitions or visual screens, permitting testimony via telephone, closed circuit television or video conferencing, receiving testimony via tape or written statement, or in other manners.
11) Decorum. The parties and witnesses are expected to maintain a level of decorum appropriate for an educational proceeding. The adjudicator is responsible for maintaining decorum and may remove any person from the hearing due to disruptive behavior.
12) Adjudicator Decision. The adjudicator’s decision shall be issued in writing within 10 University business days after the hearing, unless an alternative timeframe is otherwise agreed upon by the charging officer, the accused student, and the complaining party. Notice of the decision shall be provided to the Dean of Students. In cases where the accused student has been found responsible for one or more policy violations, the Dean of Students will implement any sanction(s) imposed. A copy of the sanction determination will be placed in the accused student’s disciplinary file in the Office of the Dean of Students.
Consistent with state and federal law, the Dean of Students will also notify the complaining party, the accused student, the charging officer, and any other appropriate University official of the outcome of the hearing within 2 University business days of the adjudicator’s decision. Notice to the complaining party, the accused student, the charging officer shall include a statement describing the procedure for appeal set forth below. The notice can be sent by U.S. Mail, campus mail, fax, electronic mail, or can be personally served.
13. Impact Statement. In a sexual misconduct case, a victim has the right to submit an impact statement to the judicial administrator (in cases not involving suspension or expulsion) or the Dean of Students (in cases involving suspension or expulsion) prior to a determination of sanction(s). In other types of cases, the judicial administrator may request an impact statement from an allegedly harmed individual. Impact statements shall not be considered as evidence that the offense alleged was in fact committed, and shall not be the basis for examination in any hearing. However, the judicial administrator or Dean of Students may consider the impact statement in making a determination as to the appropriate level of sanction to be imposed upon a finding that a University policy has been violated.
14. Sanctions. When it has been determined after investigation or hearing that one or more University policies have been violated, one or more final sanctions may be imposed. The following is a non-exhaustive list of potential sanctions that may be utilized individually or in combination:
(A) Educational Sanction. A student may be required to provide an identified service or participate in a particular 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.
(B) Disciplinary Reprimand: A written notice to the student explaining that the student's violation of institutional warrants an official record by kept in the Office of the Dean of Students. Disciplinary Reprimand is a Step 1 sanction.
(C) Disciplinary Probation: A written admonishment for a violation of specified regulations. With respect to the non-academic disciplinary system, a student on disciplinary probation is not considered to be in good standing for a designated period of time. If the student is found to violate any institutional regulation(s) during the probationary period, more severe disciplinary sanctions may be imposed. Once the designated period of time has elapsed, the student will be considered in good standing; however, a record of the sanction will be kept in the Office of the Dean of Students. Disciplinary Probation is a Step 2 sanction.
(D) Restitution and Fine. 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. An established fine may also be imposed upon the responsible student.
(E) Denial of Privileges. A student may be denied access to certain University privileges for a definite or indefinite period of time. Such sanctions may include, but are not limited to: prohibitions on University employment; bar from extracurricular activities; restrictions from all or part of campus; prohibition on the use of computers, internet, or other University services; and/or prevention from attending a class.
(F) 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.
(G) University Housing Transfer or Contract Cancellation: A student may be involuntarily transferred within, or removed from, University housing or residence halls. The student may also be prohibited from reentering University housing or residence halls. Conditions for readmission may be specified.
(H) Disciplinary Suspension: A student may be involuntarily separated from the University for a period of time after which readmission is possible. Conditions for return may be specified. The Dean of Students may be required to approve any request for readmission.
(I) Expulsion: The student may be permanently separated from the University.
Sanctions will vary based upon the facts and circumstances of any specific offense. Sanctions are usually progressive in nature and include the probability of more severe disciplinary sanctions if the student is found to violate the same or any other University policies.
Most alcohol offenses and possession of marijuana under 10 grams may be sanctioned through a written reprimand, appropriate education, notification to a parent if the student is a minor, and participation in the Critical MASS program (see minimum sanctions for alcohol and drug violations in the Policy Regarding Use of Illegal Drugs and Alcohol). Sexual assaults, in contrast, will ordinarily result in the suspension or expulsion of the respondent, as well as an administrative no-contact order involving the parties.
Students who fail to comply with a sanction in a timely manner are subject to additional disciplinary action, which may include suspension from the University until compliance is achieved. The authority of the Dean of Students to take additional action in cases of non-compliance extends to complaints resolved through agreement, complaints resolved at a formal hearing, and complaints resolved by a judicial administrator or another University department such as University Housing.
In the event that a student fails to comply with a sanction and the Dean of Students has decided 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.
15. Appeal. The charging officer, the complaining party, or the accused student may appeal the decision of a judicial administrator, the adjudicator, or the Dean of Students by filing a written notice of appeal in writing within 10 University business days following the receipt of the decision. The notice of appeal shall be filed with the Office of the Dean of Students.
The Dean of Students will promptly transmit the notice of appeal to the non-appealing parties (generally within 2 University business days). Each non-appealing party will have the right to respond to the appeal within 5 University business days after the receipt of the appeal.
The Dean of Students is responsible for promptly transmitting the notice of appeal, the hearing record, and any responses received to the appropriate University office for review of the appeal.
For cases that involve suspension or expulsion, the appropriate University office to hear the appeal is the Office of the Provost. For all other cases, the appropriate University office to hear the appeal is the Office of the Vice President for Student Life.
Sanctions imposed by the judicial administrator or Dean of Students will remain in effect while the appeal is being considered.
16. Grounds for Appeal. The appealing party must support the appeal by addressing one or more of the grounds:
(A) The decision was unsupported by substantial evidence when viewed as a whole.
(B) The decision was arbitrary, capricious, unreasonable, or constituted an abuse of discretion.
(C) The sanction was unreasonably harsh or lenient in light of the circumstances.
(D) The procedures were not properly followed, resulting in prejudice to the appealing party.
(E) New evidence, not reasonably available at the time of hearing, warrants reconsideration.
17. Decision on Appeal. On appeal, the decision may be affirmed, reversed, remanded back with instructions on a further investigation or hearing, or modified as deemed appropriate by the office reviewing the appeal. The written decision on appeal shall be transmitted by the office deciding the appeal to the Dean of Students, the charging officer, the accused student, and the complaining party within 10 University business days of the receipt of the notice of appeal. The Dean of Students may forward the decision on appeal to appropriate University offices. In cases involving allegations of sexual misconduct, dating violence, or stalking, the Dean of Students will forward the appeal decision to the Office of the Sexual Misconduct Response Coordinator.