IUPUI+-+Code+of+Student+Rights,+Responsibilities,+and+Conduct (1)

IUPUI+-+Code+of+Student+Rights,+Responsibilities,+and+Conduct (1)

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Unformatted text preview: IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 1 of 25 Student Code of Conduct Table of Contents Preamble Part I: Student Rights A. B. C. D. E. F. G. H. I. Rights in the Pursuit of Education Right to Freedom from Discrimination Right to Freedom from Harassment Right to Access Records and Facilities Right to Freedom of Association, Expression, Advocacy, and Publication Right to Contribute to University Governance Right to Accommodation for Individuals with Disabilities Rights of Student in the Judicial Process Rights of Students as University Employees 2 2 2 3 4 4 5 5 5 6 6 Part II: Student Responsibilities A. G. H. (A-G) General Responsibilities Academic Responsibilities & Misconduct (H-I) Personal Misconduct 7 7 7 9 Part III: Procedures for Implementation of the Code Part IV: General Provisions, Definitions, Adoption A. B. C. D. Definitions Persons Authorized to Exercise Specified Responsibilities Adoption Provisions Appendices 13 14 14 14 15 16 Part V: Student Disciplinary Procedures for Academic Misconduct involving the IUPUI Campus Preamble A. B. C. D. E. F. G. H. I. J. K. Jurisdiction Procedures for Academic Misconduct Related to a Course Right to Appeal Appeals to the Academic Officer of a School, Unit, or Division Composition of the Appeal Board Appeal Board Presiding Officer Role of the Appeal Board Report of Appeal Board Final appeal to the Dean of the Faculties Appeal of a decision by the Dean of Students or their designate Unique circumstances 17 17 17 18 21 21 21 22 23 23 24 24 24 http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 2 of 25 Student Code of Conduct Preamble The purposes of Indiana University include the advancement of knowledge, the pursuit of truth, the development of students, and the promotion of the general well-being of society. As a community, we share a dedication to maintaining an environment that supports trust, respect, honesty, civility, free inquiry, creativity, and an open exchange of ideas. Individual rights are best protected by a collective commitment to mutual respect. A student who accepts admission to Indiana University agrees to: be ethical in his or her participation in the academic community, take responsibility for what he or she says and does, behave in a manner that is respectful of the dignity of others, treating others with civility and understanding, use university resources and facilities in appropriate ways consistent with their purpose and in accordance with applicable polices. Every Indiana University student is responsible for reading and understanding this Statement, as well as other expectations identified by individual schools or organizations relevant to an academic major, professional field, or on-campus residence. This Code of Student Rights, Responsibilities, and Conduct is intended to identify the basic rights, responsibilities, and expectations of all students and student groups to serve as a guide for the overall student experience at Indiana University. Part I: Student Rights Indiana University recognizes its responsibility to support and uphold the basic freedoms and citizenship rights of all students. Within that context, students have the following rights. A. Rights in the Pursuit of Education The classrooms, laboratories, libraries, and studios are the essential learning environments of the university, and the freedom to learn in these environments should be promoted and encouraged by instructors. The following statements have been developed in support of a student's right in the classroom or other learning environment. Students shall have the right to: Have access to faculty, academic technology, classrooms, libraries, presentations, and other resources necessary for the learning process. Have access to academic advising and clear expectations for degree and graduation requirements. Have decisions related to the pursuit of their education made in a clear manner. Learn in an environment that supports the freedom of self-expression and association. Participate in an exchange of ideas, pursuant with his or her constitutional rights and the Preamble of this Code, free of conduct that impedes either an instructor's ability to teach or the student's ability to learn. (See Guidelines for Dealing with Disruptive Students in Academic Settings, University Faculty Council, April 12, 2005) Receive either a paper or an electronic class syllabus in a timely manner. Expect to interact with faculty who act professionally; provide clearly stated class goals; provide clear expectations for class performance and evaluation; meet classes as scheduled; are accessible for office hours, appointments or consultation; and maintain a http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 3 of 25 clear connection between course content and the most recently approved course description. Expect a faculty member will be sensitive to the student's religious beliefs and observances, including an expectation that instructors will make reasonable arrangements upon notice that the student must miss an exam or other academic exercise resulting from the observance of a religious holiday. (See Policy on Accommodations for Religious Observances, University Faculty Council, March 28, 2000) Have the freedom to raise relevant issues pertaining to classroom discussion (including personal and political beliefs), offer reasonable doubts about data presented, and express alternative opinions without concern for any academic penalty. Students have the right to expect that their work will be evaluated by academic standards alone. Study, work, and interact in an environment of professionalism and of mutual trust and respect that is free of amorous or sexual advances by a faculty member. All amorous or sexual relationships between faculty members and students are unacceptable when the faculty member has any professional responsibility for the student, even when both parties have consented or appear to have consented to the relationship. Such professional responsibility encompasses both instructional and noninstructional contexts. A faculty member shall not have an amorous or sexual relationship, consensual or otherwise, with a student who is enrolled in a course being taught by the faculty member or whose performance is being supervised or evaluated by the faculty member. A faculty member should be careful to distance himself or herself from any decisions that may reward or penalize a student with whom he or she has or has had an amorous or sexual relationship, even outside the instructional context, especially when the faculty member and student are in the same academic unit or in units that are allied academically. (From the University Code of Academic Ethics, Part A.1, Relations with students). See definition of "faculty member" in Part IV of the Code. B. Right to Freedom from Discrimination Students have the right to study, work, and interact in an environment that is free from discrimination in violation of law or university policy by any member of the university community. Students at Indiana University are expected to respect the rights and dignity of other students, faculty, and staff. The university will not exclude any person from participation in its programs or activities on the basis of arbitrary considerations of such characteristics as age, color, disability, ethnicity, sex or gender, marital status, national origin, race, religion, sexual orientation, or veteran status. A student has the right to be free from such discrimination by other students that has the effect of interfering with the student's ability to participate in programs or activities of the university. Students wishing more information regarding these statements should consult the following Board of Trustees documents: Resolution on the Elimination of Discrimination (July 3, 1967, November 21, 1969), Student Affirmative Action Policy Statement (June 29, 1974), Statement concerning Disabled Veterans, Veterans of the Vietnam Era, and Handicapped Individuals (March 3, 1979), and Equal Opportunity/Affirmative Action Policy of Indiana University (December 4, 1992). Indiana University administrators are responsible for publicizing and implementing the university's affirmative action policy in their respective areas of jurisdiction. Students who believe that they are victims of discrimination may obtain information concerning the university's affirmative action http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 4 of 25 policy and complaint procedures from the campus affirmative action officer or the Dean of Students office. C. Right to Freedom from Harassment A student has the right to be free from sexual or discriminatory harassment a) in any building or at any location on any university property, or b) that occurs in a building or on property that is not university property if the harassment arises from university activities that are being conducted off the university campus or if the harassment compromises the security of the university community or the integrity of the educational process. Sexual harassment is defined as unwelcome sexual advances, including requests for sexual favors and other unwelcome conduct of a sexual nature, when submission to such conduct is made, either explicitly or implicitly, a term or condition of a student's education, or submission to or rejection of such conduct by a student is used as the basis for academic conditions affecting the student; or the conduct has the effect of unreasonably interfering with an individual's academic performance or creating an intimidating, hostile, or offensive learning environment. Discriminatory harassment is defined as conduct that targets an individual based upon age, color, religion, disability, race, ethnicity, national origin, sex or gender, sexual orientation, marital status, or veteran's status and that adversely affects a term or condition of an individual's education, housing, or participation in a university activity; or has the purpose or effect of unreasonably creating an intimidating, hostile, or offensive environment for academic pursuits, housing, or participation in university activities. The Indiana University Policy against Sexual Harassment, as adopted by the Board of Trustees June 15, 1998, provides procedures for handling complaints concerning sexual harassment. Violations of discriminatory harassment policy are handled under existing procedures for handling complaints of discrimination. Indiana University administrators are responsible for publicizing and implementing the university's affirmative action and harassment policies in their respective areas of jurisdiction. Students who believe that they are victims of discriminatory harassment may obtain information concerning the university's affirmative action policy and complaint procedures from the campus affirmative action officer or the Dean of Students office. D. Right to Access Records and Facilities Students can expect to have access to policies and procedures that affect them and access to university offices that may be able to assist them, such as the Office of Affirmative Action or the Dean of Students office. Students can expect that their academic records will be maintained and they will have access to their records in a manner consistent with the Indiana University policies and applicable state and federal laws. Students can expect to have reasonable access to university facilities and resources. http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 5 of 25 E. Right to Freedom of Association, Expression, Advocacy, and Publication Students are free to form, join, and participate in groups or organizations that promote student interests, including but not limited to groups or organizations that are organized for intellectual, religious, social, economic, political, recreational, or cultural purposes. In accordance with the state and federal Constitution and university policy, the university recognizes the rights of all students to engage in discussion, to express thoughts and opinions, and to assemble, speak, write, publish or invite speakers on any subject without university interference or fear of university disciplinary action. Students may engage in peaceful and orderly protests, demonstrations, and picketing that do not disrupt functions of the university, subject to appropriate regulation concerning time, place, and manner. If a student feels that this right has been violated, the student may file a request with the dean of students for an investigation and appropriate action. Students who publish student publications under university auspices have the right to be free of university censorship. Student editors and managers may be suspended or removed from their positions only for proper cause and by appropriate proceedings conducted by the agency responsible for the appointment of such editors and managers. Indiana University does not require a student group or organization to register and be approved by the university. Student groups and organizations must comply with all federal, state and local laws, as well as university policies. A student group or organization may be authorized to use university facilities for extracurricular activities, subject to the procedures established by the dean of students on each campus. F. Right to Contribute to University Governance Students have the right to contribute to the making of institutional policy generally affecting their social or academic affairs. Students have the right to participate in the formation of standards of student conduct and the student disciplinary procedures by serving as members of appropriate committees such as the Student Affairs Committee of the faculty council. Students have the right to be represented by a student government. G. Right to Accommodation for Individuals with Disabilities Indiana University is committed to creating a learning environment and academic community that promotes educational opportunities for all individuals, including those with disabilities. Course directors are asked to make reasonable accommodations, upon request by the student or the university, for such disabilities. It is the responsibility of students with documented physical or learning disabilities seeking accommodation to notify their course directors and the relevant campus office that deals with such cases in a timely manner concerning the need for such accommodation. Indiana University will make reasonable accommodations for access to programs, services, and facilities as outlined by applicable state and federal laws. Campus support offices: Bloomington: Disability Services for Students www.indiana.edu/~iubdss East: Student Support Services www.iue.edu/stuserv Indianapolis: Adaptive Educational Services life.iupui.edu/aes/index.asp http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 6 of 25 Kokomo: Affirmative Action www.iuk.edu/ADMINFIN/affirmative-action Northwest: Student Support Services www.iun.edu/~supportn Southeast: Disability Services www.ius.edu/UD/DisabilityServices South Bend: Office of Disabled Student Services www.iusb.edu/~sbdss H. Rights of Student in the Judicial Process Students who believe that any of their rights, as defined in this Code, have been violated by a member of the university community have the right to file a complaint, as outlined in Part III. A student making a complaint under the provisions of this Code should expect that the university will make a good faith attempt to determine the validity of the complaint. An alleged offender, complainant or victim is not entitled to be present while the individuals who are responsible for determining the merits of the complaint are deliberating the merits of the complaint. Rights of a victim include: 1. The student has the option of being present in all aspects of a proceeding in which witnesses provide evidence. 2. The university will disclose the final results of any disciplinary proceeding to complainants as permitted by the provisions of state and federal laws. Rights of the student charged (alleged offender): 1. A student charged with violating this Code has the right to a fair and reasonable process for handling the charges. 2. The student has the right to be informed of the procedures that will be used in adjudicating the charges against him/her, including but not limited to notice of the charges, deadlines associated with stages of the process, the kinds of evidence that may be submitted at each stage, and the availability of appeals processes, if any. 3. The student has the right to be present during those portions of any hearing or proceeding in which witnesses provide evidence relating to the charge. 4. The student who is participating in a hearing or proceeding at which evidence may be submitted is entitled to request the university make a good faith attempt to compel the attendance of witnesses, compel the production of documents, and provide a reasonable time period within which requests for witnesses and documents can be submitted and acted upon. I. Rights of Students as University Employees A student's rights and responsibilities as an employee of the university are governed by the policies of the unit and by the applicable personnel policies of Indiana University. Students should contact their immediate supervisor, the Office of Student Employment, the Dean of Faculties, or University Human Resources for information. All personnel policies, including the policies for student hourly employees, are also available on the Indiana University Web site. http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 7 of 25 Part II: Student Responsibilities Just as students have rights, they also have responsibilities. Indiana University recognizes its responsibility to support and uphold the basic freedoms and citizenship rights of all students, and it expects students to be responsible for the following: Student Responsibilities A. Uphold and follow all codes of conduct, including this Code, relevant codes and bulletins of respective schools, professional programs or professional societies, and all rules applicable to conduct in class environments or university-sponsored activities, including off-campus clinical, field, internships, or in-service experiences. B. Obey all applicable university policies and procedures and all local, state, and federal laws. C. Facilitate the learning environment and the process of learning, including attending class regularly, completing class assignments, and coming to class prepared. D. Plan a program of study appropriate to the student's educational goals. This may include selecting a major field of study, choosing an appropriate degree program within the discipline, planning class schedules, and meeting the requirements for the degree. E. Use university property and facilities in support of their education while being mindful of the rights of others to use university property and facilities. F. Maintain and regularly monitor their university accounts including e-mail and bursar accounts. G. Uphold and maintain academic and professional honesty and integrity. G. Academic Responsibilities & Misconduct Academic misconduct is defined as any activity that tends to undermine the academic integrity of the institution. The university may discipline a student for academic misconduct. Academic misconduct may involve human, hard-copy, or electronic resources. Policies of academic misconduct apply to all course-, department-, school-, and university related activities, including field trips, conferences, performances, and sports activities off-campus, exams outside of a specific course structure (such as take-home exams, entrance exams, or auditions, theses and master's exams, and doctoral qualifying exams and dissertations), and research work outside of a specific course structure (such as lab experiments, data collection, service learning, and collaborative research projects). The faculty member may take into account the seriousness of the violation in assessing a penalty for acts of academic misconduct. The faculty member must report all cases of academic misconduct to the dean of students, or appropriate official. Academic misconduct includes, but is not limited to, the following: 1. Cheating Cheating is considered to be an attempt to use or provide unauthorized assistance, materials, information, or study aids in any form and in any academic exercise or environment. a. A student must not use external assistance on any "in-class" or "take-home" examination, unless the instructor specifically has authorized external assistance. This prohibition includes, but is not limited to, the use of tutors, books, notes, calculators, computers, and wireless communication devices. b. A student must not use another person as a substitute in the taking of an examination or quiz, nor allow other persons to conduct research or to prepare work, without advance authorization from the instructor to whom the work is being submitted. c. A student must not use materials from a commercial term paper company; files of papers http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 8 of 25 d. e. f. g. prepared by other persons, or submit documents found on the Internet. A student must not collaborate with other persons on a particular project and submit a copy of a written report that is represented explicitly or implicitly as the student's individual work. A student must not use any unauthorized assistance in a laboratory, at a computer terminal, or on fieldwork. A student must not steal examinations or other course materials, including but not limited to, physical copies and photographic or electronic images. A student must not submit substantial portions of the same academic work for credit or honors more than once without permission of the instructor or program to whom he work is being submitted. A student must not, without authorization, alter a grade or score in any way, nor alter answers on a returned exam or assignment for credit. 2. Fabrication A student must not falsify or invent any information or data in an academic exercise including, but not limited to, records or reports, laboratory results, and citation to the sources of information. 3. Plagiarism Plagiarism is defined as presenting someone else's work, including the work of other students, as one's own. Any ideas or materials taken from another source for either written or oral use must be fully acknowledged, unless the information is common knowledge. What is considered "common knowledge" may differ from course to course. a. A student must not adopt or reproduce ideas, opinions, theories, formulas, graphics, or pictures of another person without acknowledgment. b. A student must give credit to the originality of others and acknowledge indebtedness whenever: 1. Directly quoting another person's actual words, whether oral or written; 2. Using another person's ideas, opinions, or theories; 3. Paraphrasing the words, ideas, opinions, or theories of others, whether oral or written; 4. Borrowing facts, statistics, or illustrative material; or 5. Offering materials assembled or collected by others in the form of projects or collections without acknowledgment. 4. Interference A student must not steal, change, destroy, or impede another student's work, nor should the student unjustly attempt, through a bribe, a promise of favors or threats, to affect any student's grade or the evaluation of academic performance. Impeding another student's work includes, but is not limited to, the theft, defacement, or mutilation of resources so as to deprive others of the information they contain. 5. Violation of Course Rules A student must not violate course rules established by a department, the course syllabus, verbal or written instructions, or the course materials that are rationally related to the content of the course or to the enhancement of the learning process in the course. 6. Facilitating Academic Dishonesty A student must not intentionally or knowingly help or attempt to help another student to commit an act of academic misconduct, nor allow another student to use his or her work or resources to commit an act of misconduct. http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 9 of 25 H. Personal Misconduct Be responsible for their behavior, and respect the rights and dignity of others both within and outside of the university community. The university may discipline a student for the following acts of personal misconduct that occur on university property, including but not limited to academic and administration buildings, residence halls, athletic and recreational facilities, and other university-serviced property, such as sororities and fraternities: 1. Dishonest conduct including, but not limited to, false accusation of misconduct, forgery, alteration, or misuse of any university document, record, or identification; and giving to a university official information known to be false. 2. Assuming another person's identity or role through deception or without proper authorization. Communicating or acting under the guise, name, identification, e-mail address, signature, or other indications of another person or group without proper authorization or authority. 3. Knowingly initiating, transmitting, filing, or circulating a false report or warning concerning an impending bombing, fire, or other emergency or catastrophe; or transmitting such a report to an official or an official agency. 4. Unauthorized release or use of any university access codes for computer systems, duplicating systems, and other university equipment. 5. Conduct that is lewd, indecent, or obscene. 6. Disorderly conduct, including obstructive and disruptive behavior that interferes with teaching, research, administration, or other university or university-authorized activity. (See Guidelines for Dealing with Disruptive Students in Academic Settings, University Faculty Council, April 12, 2005) 7. Actions that endanger one's self, others in the university community, or the academic process. 8. Failure to comply with the directions of authorized university officials in the performance of their duties, including failure to identify oneself when requested to do so; failure to comply with the terms of a disciplinary sanction; or refusal to vacate a university facility when directed to do so. 9. Unauthorized entry, use, or occupancy of university facilities. 10. Unauthorized taking, possession or use of university property or services or the property or services of others. 11. Damage to or destruction of university property or the property belonging to others. 12. Unauthorized setting of fires on university property; unauthorized use of or interference with fire equipment and emergency personnel. 13. Unauthorized possession, use, manufacture, distribution, or sale of illegal fireworks, incendiary devices, or other dangerous explosives. 14. Possession of any weapon or potential weapon on any university property contrary to law or university policy; possession or display of any firearm on university property, except in the course of an authorized activity. 15. Sale of any firearms from university property or using university facilities, including through computer and telephone accounts; intentional possession of a dangerous article or substance as a potential weapon. 16. Acting with violence. 17. Aiding, encouraging, or participating in a riot. 18. Harassment, defined in Part I ( c ) of the Code. 19. Stalking or hazing of any kind whether the behavior is carried out verbally, physically, electronically, or in written form. http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 10 of 25 a. Stalking is defined as repeated, unwanted contact in the forms of, including but not limited to, phone calls, e-mail, physical presence, and regular mail. b. Hazing is defined as any conduct that 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. 20. Physical abuse of any person, including the following: a. The use of physical force or violence to restrict the freedom of action or movement of another person or to endanger the health or safety of another person; b. Physical behavior that involves an express or implied threat to interfere with an individual's personal safety, academic efforts, employment, or participation in university-sponsored extracurricular activities or causes the person to have a reasonable apprehension that such harm is about to occur; or c. Physical behavior that has the purpose or reasonably foreseeable effect of interfering with an individual's personal safety, academic efforts, employment, or participation in university-sponsored extracurricular activities or causes the person to have a reasonable apprehension that such harm is about to occur; d. Sexual assault, including while any party involved is in an impaired state; e. Sexual contact with another person without consent, including while any party involved is in an impaired state. 21. Verbal abuse of another person, including the following: a. An express or implied threat to: i. Interfere with an individual's personal safety, academic efforts, employment, or participation in university-sponsored activities and that under the circumstances causes the person to have a reasonable apprehension that such harm is about to occur; or ii. Injure that person, or damage his or her property; or b. "Fighting words" that are spoken face-to-face as a personal insult to the listener or listeners in personally abusive language inherently likely to provoke a violent reaction by the listener or listeners to the speaker. 22. Unauthorized possession, use, or supplying alcoholic beverages to others contrary to law or university policy. a. Indiana University prohibits: i. Public intoxication, use, or possession of alcoholic beverages on university property (including any undergraduate residence supervised by the university, including fraternity and sorority houses) except as otherwise noted in Part II, Section H (22) b and Part II, Section H(22) c. ii. Providing alcohol contrary to law. b. The dean of students of each campus has discretion to allow exceptions to Part II, Section H (22) a, allowing use or possession of alcohol by persons, including students, who meet the minimum drinking age standards of the State of Indiana, under the following circumstances. i. Use or possession of alcoholic beverages by persons who are of lawful drinking age may be generally permitted in residences supervised by the university, including fraternity and sorority houses, when specifically approved by the campus dean of students. Such use or possession may be http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 11 of 25 allowed in residence rooms, apartments, and certain common areas as specifically approved by the dean of students. However, use or possession under this section shall be permitted only in residences supervised by a livein employee specifically charged with policy enforcement. ii. Use or possession of alcoholic beverages may be permitted on an event-by event basis in designated undergraduate residences (including fraternity and sorority houses) supervised by a live-in employee specifically charged with policy enforcement, when temporary permission is granted by the dean of students for events at which persons of lawful drinking age may lawfully possess and use alcoholic beverages. c. The chancellor of each campus has discretion to allow exceptions to Part II, Section H (22) a, allowing use or possession of alcohol by persons, including students, who meet the minimum drinking age standards of the State of Indiana, under the following circumstances. i. Use or possession of alcoholic beverages may be permitted in facilities such as student unions or on-campus hotels, including guest rooms and other areas, specifically approved by the campus chancellor. ii. Use or possession of alcoholic beverages may be permitted in other areas, such as private offices and faculty lounges, not accessible to the public. iii. Use or possession of alcoholic beverages may be permitted in areas accessible to the public, if specifically approved by the campus chancellor. d. Indiana University also permits the nonconspicuous possession of alcoholic beverages on university property when in transit to areas where they may be possessed or used under the provisions above. e. Student organizations that serve or permit possession of alcoholic beverages at student organization functions, on or off campus, may be disciplined if violations of alcoholic beverage laws or of university regulations occur. Individual students who plan, sponsor, or direct such functions also may be subject to discipline. f. The chancellor or dean of students may make rules covering these uses. Those rules shall be enforceable as provisions of this Code. 23. Unauthorized possession, manufacture, sale, distribution, or use of illegal drugs, any controlled substance, or drug paraphernalia. Being under the influence of illegal drugs or unauthorized controlled substances. 24. Intentionally obstructing or blocking access to university facilities, property, or programs. 25. Violation of other disseminated university regulations, policies, or rules. Examples of such regulations include but are not limited to university computing policies, residence hall policies, and recreational sports facility policies. 26. A violation of any Indiana or federal criminal law. 27. Engaging in or encouraging any behavior or activity that threatens or intimidates any potential participant in a judicial process. http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 12 of 25 I. Personal Misconduct Not on University Property. The university may discipline a student for acts of personal misconduct or criminal acts that are not committed on university property if the acts arise from university activities that are being conducted off the university campus, or if the misconduct undermines the security of the university community or the integrity of the educational process or poses a serious threat to self or others. 1. Indiana University is committed to the promotion of a civil community both on campus and off campus. 2. Indiana University regards off-campus activity, including but not limited to universitysponsored events, as an integral part of a student's academic, personal, and professional growth. Thus, the university recognizes the right of all students to expect that the university will subject individuals to the same responsibilities and disciplinary procedures when conduct: a. Adversely impacts the university's mission, or the tenets of this Code, such as altering academic transcripts, harassment of any kind, trafficking in term papers, use of a computer or other electronic device to obtain unauthorized access to information; b. Presents a clear danger to the personal safety of any person or the protection of any person's property, such as alcohol and drug offenses, arson, battery, fraud, hazing, participation in group violence, rape, sexual assault, stalking, or theft; c. Violates policies of an academic program and related facilities, including but not limited to an off-campus clinical, field, internship, or in-service experience, or an overseas study program. http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 13 of 25 Part III: Procedures for Implementation of the Code This Code governs activities on all campuses of Indiana University. Specific procedures are to be developed by each campus and made available to students, faculty, and staff on the campus. These procedures will provide for: Student Grievances--Students are to have clear procedures to follow when they believe that any of their rights, as defined in earlier sections of this Code, have been violated by a member of the university community. The local campus offices of the dean of students, affirmative action, and faculty affairs, as appropriate, will assist students in addressing their complaints. Academic and Personal Misconduct--Clear procedures with specific information about the persons who are involved, timelines, and disciplinary sanctions are to be created and maintained at the campus level. These procedures are to be designed to provide students with procedural fairness and to ensure equal protection for all students and appropriate sanctions. Advisors--A person charged, a victim or anyone providing testimony is entitled, at his or her expense, to be accompanied by an advisor or support person of his or her choice. An advisor or support person is limited to the role of advising. The advisor or support person may not participate in the proceeding, may not question witnesses, and may not make any statements during the proceeding. Campuses may, however, create procedures to allow a student to have an advisor or support person to speak on the student's behalf at the final appeal hearing. A student with a disability affecting communication or a student who cannot effectively communicate in the English language may seek a reasonable accommodation from the office of the dean of students to allow an advisor or interpreter to present or translate the proceedings. Notification of a Victim--A person who is a victim of any specific misconduct for which disciplinary proceedings are conducted under this Code is entitled to participate in proceedings relating to evidence, but not the deliberative process in which the hearing officer or panel weigh the evidence presented and arrive at a decision. If the subject matter of the disciplinary proceeding involves crimes of violence or a sex offense and the accused is determined to have committed the act, the dean of students is required to notify the victim of the outcome of disciplinary proceedings in a timely manner. Campus procedures are to be reviewed and approved periodically through the local campus faculty council. Any revision should also be reviewed by University Counsel. It is recommended that campus procedures remain fairly similar across all campuses in an effort to assist students transferring among IU campuses. http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 14 of 25 Part IV: General Provisions, Definitions, Adoption Provisions and Appendices A. Definitions Student. For purposes of this Code, the term "student" includes the following: 1. A person who is admitted or enrolled in any credit-bearing course or program in any school or division of Indiana University. 2. A person who is admitted to Indiana University and is present on a campus for the purpose of being enrolled in any credit-bearing course or program in any school or division of Indiana University. 3. A person who has been admitted and enrolled in any credit-bearing course or program in any school or division of Indiana University and continues to be associated with Indiana University because of failure to complete the course or the program in which the person was enrolled. 4. A person who is not admitted to the university, but who is taking classes to transfer to another university, for personal enrichment, or in preparation to apply to a graduate program. 5. For the purposes of this Code, "student" includes all students enrolled on the campuses of Indiana UniversityPurdue University Indianapolis (IUPUI) or Columbus. Faculty or Faculty Member. In this Code, the terms "faculty" or "faculty members" include all who teach and/or do research at the university, including (but not limited to) tenure-track faculty, librarians, holders of research or clinical ranks, lecturers, graduate students with teaching responsibilities, visiting and parttime faculty, and other instructional personnel including coaches, advisors, and counselors. B. Persons Authorized to Exercise Specified Responsibilities 1. Under this Code, the authority that is given to a specified Indiana University official or employee may be exercised by any person who occupies the specified position or has a comparable position on a campus that does not have the specified position. This Code refers to the following specified positions but each position includes any equivalent position on a campus that does not use these specific titles: a. b. c. d. e. f. Dean of Students/Vice Chancellor for Student Affairs Dean of Faculties/Vice Chancellor for Academic Affairs Affirmative Action Officer Assistant Vice President for Human Resources Faculty Council President Chancellor 2. Under this Code, the authority that is given to a particular Indiana University official or employee may be exercised by that particular person or by that person's designee. http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 15 of 25 C. Adoption Provisions 1. Resolution of Adoption. a. The foregoing Code is hereby adopted by the Board of Trustees of Indiana University under the authority conferred by the General Assembly of the State of Indiana in chapter 273 of the Acts of the General Assembly in 1969 [Ind. Code 20-12-1 (1988)] and in compliance with House Concurrent Resolution No. 22 as enacted in chapter 444 of the Acts of the General Assembly in 1969. b. This code, as hereby adopted, supersedes the Statement of Student Rights and Responsibilities which was effective on August 15, 1975, the Code of Student Ethics previously adopted by the Board of Trustees and effective on August 15, 1990, the Code of Student Rights, Responsibilities and Conduct previously adopted by the Board of Trustees and effective on August 15, 1997, and the Code of Student Rights, Responsibilities and Conduct previously adopted by the Board of Trustees on June 11, 2004 and effective on August 15, 2004. c. This code, as hereby adopted, shall be effective on August 15, 2005. 2. Effect of Adoption. a. The adoption of this code shall not affect any rights or liabilities that were accrued, any sanctions that were incurred, or any proceedings that were begun before August 15, 2005. Any rights, liabilities, and sanctions that accrued or were incurred before August 15, 2005 shall continue to be enforced as if the new Code had not been adopted. Any proceedings that were begun before August 15, 2005 shall likewise continue as if the new Code had not been adopted. b. Acts of misconduct that were committed before August 15, 2005 shall governed by the rules and procedures in effect at the time of such acts. c. Acts of misconduct that are committed after August 15, 2005 shall be governed by the rules and procedures included in this new Code. d. The provisions of this code do not alter existing faculty grievance policies and procedures. 3. Amendments to the Code by Academic Units. a. The Code of Student Ethics was adopted by the University Faculty Council on April 16, 1990, by the following resolution: "The Code of Student Ethics shall apply to all students at Indiana University. Any unit of the university may adopt additional or alternative substantive or procedural standards to this code, provided the alternative or additional standards: 1. Are necessary to meet academic concerns or to comply with the professional or accreditation standards; and 2. Guarantee students in the unit a fair opportunity to be heard consistent with the standards of evidence and due process found in this code." b. In establishing additional or alternative processes, a unit must use the following procedure: i. Proposed revisions to the Code must be submitted to the Agenda Committee of the appropriate faculty council (Campus or University) for review, and to http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 16 of 25 the full faculty council for approval, to ensure the revisions are comprehensive and consistent, and that they meet the criteria outlined above. ii. Upon approval by a campus faculty council, the revisions must be reported to the campus Dean of Students and the University Faculty Council Agenda Committee. The University Faculty Council will review and consider final approval of the revisions. iii. Upon final approval of an alternative process, the fact that this code does not apply to the unit, with regard to academic matters, must be publicized in a fashion calculated to inform all students taking courses in the unit, that they will be judged by the alternative process. The notice must also explain where copies of the alternate process are available. iv. Upon a student being found responsible for violation of a provision set forth in an alternative process, the Dean of Students must be informed in writing of the student's name and identification number, a description of the offense, the date and location of the offense, and a description of any sanction or action taken by the university official, or hearing commission, who considered the reported violation. D. Appendices The following referenced documents are available online through the Indiana University web site at http://www.indiana.edu Resolution in the Elimination of Discrimination (adopted by Board of Trustees, July 3, 1967, November 21, 1969) Student Affirmative Action Policy Statement (adopted by the Board of Trustees, June 29, 1974) Statement Concerning Disabled Veterans, Veterans of the Vietnam Era, and Handicapped Individuals (adopted by the Board of Trustees, March 3, 1979) Equal Opportunity/Affirmative Action Policy of Indiana University (adopted by the Board of Trustees, December 4, 1992) Policy against Sexual Harassment (adopted by Board of Trustees, June 15, 1998) Accommodations for Religious Observances (adopted by the University Faculty Council, March 28, 2000) Resolution concerning Nonregistration of Student Groups and the Use of University Facilities (adopted by the Board of Trustees, July 3, 1967) Indiana University Policy on Student Records (adopted by the University Faculty Council, March 29, 1977; amended, October 2, 2001) Guidelines for Dealing with Disruptive Students in Academic Settings (adopted by the University Faculty Council, April 12, 2005) http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 17 of 25 Part V: Student Disciplinary Procedures for Academic Misconduct involving the IUPUI Campus Preamble Indiana University procedures for imposing academic and disciplinary sanctions are intended to provide students with the guarantees of due process and procedural fairness, to ensure equal protection for all students, and to allow for the imposition of similar sanctions for similar acts of misconduct. At the same time, the procedures reflect concern about the individual student involved in a particular case. The procedures, therefore, provide that the imposition of disciplinary sanctions should take into consideration the circumstances and evidence in a particular case, including a student's prior record of misconduct, if any. A. Jurisdiction 1. Academic Misconduct a. Allegations of academic misconduct may consist of two basic types: i. Academic misconduct by a student who is enrolled in a particular course and who commits an act of misconduct related to that course. ii. Academic misconduct by a student that is not related to a particular course in which the student is enrolled. b. When a student in a course commits an act of academic misconduct related to that particular course, the faculty member who is teaching the course has the authority to initiate academic misconduct proceedings against the student. c. When a student commits an act of academic misconduct that is not related to a course in which the student is enrolled, the University Dean of Students or their designate [henceforth referred to as the Dean of Students] has the authority to initiate academic misconduct proceedings against the student after consulting with the appropriate Academic Officer of the School or Unit [henceforth referred to as the Academic Officer] in which the student is enrolled. 2. Simultaneous Acts of Academic and Personal Misconduct a. When a student commits an act of academic misconduct related to a course in which the student is enrolled and also commits a separate but simultaneous act of academic misconduct unrelated to that course or an act of personal misconduct, separate academic misconduct and disciplinary proceedings may be initiated by the faculty member involved and the Dean of Students as outlined in these procedures. After consulting with each other, the faculty member and Dean of Students have the discretion, however, to handle the matter jointly or to decide that the matter should be handled by only one of them. b. When a student commits an act of academic misconduct related to a course in which the student is enrolled and the act may also be a simultaneous act of academic misconduct unrelated to that course or an act of personal misconduct, the faculty member conducting the course has the authority to initiate academic misconduct proceedings against the student after consulting with the Dean of Students. In such cases, the Dean of Students also has discretion to initiate separate disciplinary proceedings. After consulting with each other, the faculty member and the Dean of Students have the discretion to handle the matter jointly or to decide that the matter should be handled by only one of them. http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 18 of 25 B. Procedures for Academic Misconduct Related to a Course 1. Action by a Faculty Member. a. A faculty member who has information indicating that a student enrolled in a course being conducted by the faculty member has committed an act of academic misconduct related to that course should, within 7 calendar days [excluding University recognized holidays and breaks] of receiving that information, hold a meeting with the student concerning the matter. During that meeting the faculty member must: i. advise the student of the alleged act of misconduct and the information upon which the allegation is based, ii. provide an opportunity for the student to respond to the allegation. b. Following the meeting, if the faculty member concludes that the student did, as alleged, commit the act of misconduct the faculty member is authorized to impose an academic sanction related to the particular course involved. The penalty for a serious act of academic misconduct should ordinarily involve the recording of a failing grade for the course. However, sanctions for academic misconduct may include, but are not limited to, any one or a combination of the following: i. No formal penalty is assessed, but the student is given a written reprimand by the instructor outlining the offense and the results of the informal discussion with the student. The student may be given a lower grade than the student would otherwise have received for any assignment, course work, examination, or paper involved in the act of misconduct, including an "F". The student may be required to repeat or resubmit any assignment, course work, examination, or paper involved in the act of misconduct. The student may be required to complete some additional assignment, course work, examination, or paper as a substitute for any assignment, course work, examination, or paper involved in the act of misconduct. The student may be required to withdraw from the course with an appropriate grade of "W" or "F", at the faculty member's discretion. The student may be given a lower grade than the student would otherwise have received for the course, including a failing grade. ii. iii. iv. v. vi. c. Whenever any academic sanction is imposed, the faculty member must, within 7 calendar days [excluding University recognized holidays and breaks] report the matter and the sanction imposed in writing to the Academic Officer in the School, Unit, or Division in which the course is being offered, the Academic Officer in the School, Unit, or Division in which the student is enrolled, the Dean of Student's Office, and the student. This reporting step is important and is meant to provide an avenue for due process to the student. The student will be notified by an e-mail to their university account along with a written report to their permanent address on record with the University. All written reports must include: i. a statement concerning the nature of the offense. ii. the terms of the sanction being imposed. iii. a statement that the student may submit a written appeal to the Academic Officer of the School, Unit, or Division in which the offense occurred within 7 http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 19 of 25 calendar days [excluding University recognized holidays and breaks] after receiving the faculty member's written report. iv. a statement that the matter is being reported to the Dean of Students who has the authority to impose an additional sanction(s) if the Dean of Students believes that such a sanction is justified because of the nature of the student's misconduct or because of any prior acts of misconduct that the student may have committed. These additional sanctions may include: a. disciplinary probation for a specified period of time. b. suspension from the University for a specified period of time. c. expulsion from the University. v. a statement that the Dean of Students will notify the student within 7 calendar days [excluding University recognized holidays and breaks] of receipt of the faculty member's report of the Dean's decision regarding any additional sanctions or if the Dean is still considering the propriety of imposing any additional sanctions. d. In the event that the matter cannot be resolved before final grades are due in the Office of the Registrar, an incomplete may be given in the course. e. The faculty member must allow the student to continue attending and participating in the course; to complete all assignments, and to have their grade in the course recorded normally until the case has been resolved. If the case is resolved in favor of the student, this information will be necessary to assign the student an earned grade for the course. 2. Action by the Office of the Registrar. If the penalty includes a failing grade for the course, the Registrar will be notified that the grade was given because of academic misconduct. The Registrar will record the grade of "F" on the student's permanent academic transcript without any notation concerning the reason for the grade. The Registrar must, however, follow procedures to ensure that the grade of "F" will not thereafter be removed from the transcript in accordance with other academic policies or procedures such as the "FX" or grade replacement policy. An "F" given because of academic misconduct must be calculated in a determination of the student's grade point average, but the grade will not prevent the student from repeating the same course for credit. 3. Action by the Dean of Students a. A student may not be placed on disciplinary probation, suspended or expelled from the University, a School, or a Unit within the University because of an act of academic misconduct unless the Dean of Students concludes, in consultation with the Academic Officer of the School, Unit or Division in which the student is enrolled, that such a sanction is justified by the nature of the act or because the student has committed previous acts of misconduct. b. The Dean of Students is required to review a faculty member's report concerning a student's act of academic misconduct to determine if the nature of the act of academic misconduct should include probation, suspension, or expulsion. c. The Dean of Students is required to determine if the student has a record of any previous acts of academic or personal misconduct and to decide whether probation, suspension, or expulsion should be imposed on the student because of any previous acts of misconduct. In this regard, the Dean of Students is required to maintain a confidential record of all sanctions imposed by, or reported to the Dean of Students http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 20 of 25 in order to determine if a particular student is developing a record of repeated acts of misconduct. d. The Dean of Students shall, within 7 calendar days [excluding university recognized holidays and breaks] following receipt of the faculty member's report, notify the student of the decision not to impose additional sanctions or set a date for a conference. The student should be notified by e-mail to the student's university account along with a letter sent to the student's address on record with the University of the purpose and date of the conference. e. The notice shall inform the student that: i. the Dean of Students is considering the propriety of imposing an additional sanction upon the student ii. the additional sanction may consist of probation, suspension, or expulsion from the University. iii. the student is required to appear in the Office of the Dean of Students at the specified date and time for a conference to discuss the propriety of the additional sanction. iv. the student may, at their own expense, have an adviser or other counsel present during the conference; that an adviser or counsel is limited to the role of advising the student; and that an adviser or counsel may not make any statements during the conference. v. the informal conference will be limited to a consideration of the seriousness of the academic misconduct involved, the validity of any record of the student's previous acts of misconduct as maintained by the Dean of Students, and the propriety of any additional sanction to be imposed. vi. the Dean of Students has no authority to reconsider the validity or propriety of the decision of the faculty member concerning the act of academic misconduct. vii. the Dean of Students will impose any of the authorized additional sanctions if the student fails to appear for the informal conference and the Dean reasonably concludes that the failure to appear is without good cause. viii. the student has the right to appeal a decision of the Dean of Students to impose an additional sanction. f. When the student appears for the conference, the Dean of Students shall inform the student concerning the purposes of the conference and the student's record of previous acts of misconduct, if any. The student shall be given an opportunity to discuss the nature of the act of academic misconduct, the accuracy of the record of the student's previous acts of misconduct, and the propriety of any additional sanction that the Dean of Students proposes to impose on the student. In discussing the student's record of previous acts of misconduct, the student may not discuss the propriety of the decisions concerning such misconduct. After the conference, the Dean of Students has the authority to decide that an additional sanction should be imposed. g. Upon conclusion of the conference, the Dean of Students must inform the Academic Officer of the academic unit(s) involved of the Dean of Students dispensation of the case. h. If a sanction of suspension or expulsion from the University is imposed, the Dean of Students is required to notify the Office of the Registrar to indicate the suspension or expulsion on all copies of the student's academic transcript. In cases of http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 21 of 25 suspension, the Registrar will remove the notation from the transcript when the term of the suspension has ended. C. Right to Appeal A student has the right to appeal any of the following decisions concerning an alleged act of academic misconduct: 1. The faculty member's decision that the student committed the act of misconduct. 2. The faculty member's decision to impose a particular academic sanction. 3. The decision of the Academic Officer in the School, Unit, or Division in which the offense occurred. 4. The decision of the Dean of Students to impose an additional sanction. D. Appeals to the Academic Officer of a School, Unit, or Division 1. If the student desires, he/she must initiate an appeal concerning a faculty member's decision by submitting a written request to the Academic Officer of the School, Unit, or Division within which the alleged offense occurred, within 7 calendar days [excluding University recognized holidays and breaks] after receiving a written report from the faculty member concerning the decision. 2. Within 7 calendar days [excluding University recognized holidays and breaks] after receiving such a written appeal, the Academic Officer should have a conference with the student and the faculty member in an effort to resolve the matter. Should the Academic Officer elect not to meet with the instructor and the student, they should convene an Appeal Board comprised of faculty and students form the School, Unit, or Division. 3. If the matter is not resolved at this conference, the student may, within 4 calendar days of the meeting, [excluding University recognized holidays and breaks] deliver a written request to the Academic Officer asking for a meeting with an Appeal Board. E. Composition of the Appeal Board 1. When an Appeal Board is to be convened, the Academic Officer of the School, Unit, or Division will, as much as possible, in consultation with the faculty and student governments of their School, Unit, or Division select three faculty members, but not a member of the department or section in which the offense occurred, and two students, but not a student in the department or section in which the offense occurred to serve on the Board. For this Board, a faculty member is a full time tenure or non-tenure track individual who has a 10 or a 12 month FTE. 2. If the School, Unit, or Division should not have enough faculty members or students to fully constitute a Board, they may utilize members from other Schools, Units, or Divisions, but the presiding officer, if possible, should be a faculty member from the School, Unit, or Division in which the appeal is being made. 3. The Academic Officer appoints a faculty member to serve as the presiding officer and to convene an Appeal Board. 4. No hearing may be held unless a majority of the members (two faculty and one student) of the Appeal Board are present. If upon notification of their selection any member of the Appeal Board, faculty or student, is unable to be present or should request to be excused from serving for any good cause, the member should be replaced with a like member, http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 22 of 25 either faculty or student. F. Appeal Board Presiding Officer The presiding officer, in consultation with the other members of the appeal board, is responsible for selecting a date and time for the appeal to be heard, conducting the appeal board meeting, maintaining the necessary order, making all rulings that are necessary for the fair, orderly, and expeditious consideration of the appeal, and making every reasonable effort to provide the student with due process. Within 7 calendar days of receiving the appeal [excluding recognized University holidays or breaks], the presiding officer shall consult with other members of the Board and inform the student via both a letter to the student's permanent address on record and the student's IUPUI email account: 1. of the date, time, and place the appeal will be heard, and that the faculty member will be present. If the appeal involves an academic sanction by the Dean of Students, the letter should state that the Dean of Students will be present at the meeting. 2. that the appeal will be held as a closed meeting, unless the student notifies the presiding officer within 3 calendar days of receiving notification of the appeal board meeting that he or she desires the appeal to be open to the public. If the student requests an open hearing, the presiding officer is authorized to make a final decision concerning the place where the appeal meeting is to be held and the number of observers to be accommodated. Seven days prior to the hearing date, the presiding officer shall inform the student via both a letter to the student's permanent address on record and the student's IUPUI e-mail account: 1. of any witnesses who may appear at the meeting of the appeal board, and/or whose statements may be offered as evidence, and a summary of the information upon which the allegation is based. 2. that they are expected to be present at the appeal; that they may provide witnesses at the appeal; that statements or evidence that the student may present must be provided to the presiding officer and the faculty member no later than 4 calendar days before the appeal board meeting, excluding recognized University holidays and breaks; and that the student may be precluded from presenting witnesses or evidence at the appeal if the information has not been provided prior to the meeting. 3. that they may be accompanied by an advisor or, at the student's own expense, an attorney, but that the advisor or attorney will not be allowed to address any other participants involved in the appeal process. 4. that they will have an opportunity to testify before the appeal board; to respond to the testimony and information provided concerning the alleged misconduct; and that a decision not to testify will not be considered as an admission of guilt. 5. that a failure to appear before the appeal board shall be sufficient to justify the dismissal of the appeal if the Board determines that the failure to attend was without good cause. Within 7 calendar days of receiving the appeal [excluding recognized University holidays or breaks], the presiding officer shall consult with other members of the appeal board and inform the faculty member and, if appropriate, the Dean of Students via e-mail: 1. of the date, time, and place the appeal will be heard and that they will are required to attend the hearing or the accusation of academic misconduct will be nullified. 2. that they must prepare a list of any witnesses that they may present at the hearing and/or http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 23 of 25 whose statements may be offered as evidence at the hearing; that the list must be submitted to the presiding officer and the student involved by no later than 4 calendar days before the hearing, excluding recognized University holidays and breaks; and that the faculty member may be precluded from presenting witnesses or evidence at the appeal if the information has not been provided prior to the meeting. During the appeal board meeting the presiding officer shall also: 1. make an official recorded transcript of the appeal meeting. 2. provide the student an opportunity to make a concluding statement in support of the appeal. 3. provide the faculty member with an opportunity to respond to student's final statement concerning the appeal. G. Role of the Appeal Board The Appeal Board should listen to all aspects of the case to determine if the evidence and statements provided during the appeal meeting support the allegation that the student committed the alleged violation. It is ultimately the responsibility of the University (faculty member) to provide sufficient information and/or documentation to support their case. The Board may conclude that the evidence and statements provided by the University: 1. support the allegation that the student committed the act of academic misconduct, and support the decision of the faulty member and the sanction(s) imposed. 2. support the allegation that the student did commit the act of academic misconduct, but that the sanction or sanctions should be reduced. Under these circumstances, the Board may recommend that the Dean, Director, or Academic Officer of the School, Unit, or Division impose a lesser sanction than that imposed by the faculty member. 3. do not support the allegation that the student committed the act of academic misconduct, and direct the Dean, Director, or Academic Officer of the School, Unit, or Division to set aside the sanction or sanctions imposed. If the decision of the faculty member concerning the student's alleged act of misconduct is reversed by the Board, the decision of the Dean of Students to impose any additional sanctions is automatically reversed. H. Report of Appeal Board Within 10 calendar days [excluding recognized University holidays or breaks] after the hearing, the presiding officer must prepare a written decision which includes an explanation of the board's action and the findings of fact upon which the action is based. The decision must be sent via both regular mail and e-mail to: 1. 2. 3. 4. 5. the the the the the student; faculty member; Academic Officer of the School, Unit, or Division in which the offense occurred; Academic Officer of the School, Unit, or Division in which the student is enrolled; University Dean of Students. Unless a documentable procedural error has occurred, all decisions and/or recommendations made by the board are considered to be final and the appeals process is terminated with the filing of their report. http://www.iupui.edu/code/ 1/13/2006 IUPUI - Code of Student Rights, Responsibilities, and Conduct Page 24 of 25 I. Final appeal to the Dean of the Faculties If a documentable procedural error occurred during the Appeal Board process, the student may, within 3 days of the posting of the Board's decision, make a final appeal to the Dean of the Faculties. The Dean of the Faculties may choose to remand the case back to the School, Unit, or Division for a review of the process. Any decision reached by the Dean of the Faculties or, if it should occur, following a re-review of the process, will be considered as final and end the appeals process. It is ultimately the responsibility of the student to provide sufficient information and/or documentation to support their case. J. Appeal of a decision by the Dean of Students or their designate An appeal involving a decision by the Dean of Students or their designate may be made to the Dean of Faculties. The appeal process would follow that outlined for appealing sanctions imposed by a faculty member, and The Dean of Faculties would utilize a Campus Appeal Board comprised of faculty and students obtained from a pool of individuals nominated by the faculty and student governments. In this case, a decision by the Appeal Board would be considered to be absolute and final. The appeal process would be terminated. K. Unique circumstances The University recognizes that in some situations it may be difficult for a student to clearly articulate their case or to quickly process and interpret the proceedings. For example: 1. students for whom English is a second language; 2. students with a disability. If the student wishes, in these unique circumstances the Academic Officer or the Presiding Officer may make provisions which allow an advocate or advisor to: 1. address the Board, in cases of academic misconduct; 2. address The Dean of Students, in cases of personal misconduct. http://www.iupui.edu/code/ 1/13/2006 ...
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