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Rules of Procedures in Student Conduct Matters
(200.020 Rules of Procedures in Student Conduct Matters; Bd. Min. 11-8-68, Amended Bd. Min. 3-20-81; Bd. Min. 12-8-89, Amended 5-19-94; Bd. Min. 5-24-01.)
This policy is also available at www.umsystem.edu/ums/departments/gc/rules/programs/200/020.shtml.
A. PREAMBLE. The following rules of procedure in
student conduct matters are hereby adopted in order
to insure insofar as possible and practicable
- (a)
- that the requirements of procedural due process in student
conduct proceedings will be fulfilled by the University,
- (b)
- that the immediate effectiveness of Section
10.030, which is Article V of the Bylaws of the Board of Curators relating to student conduct and sanctions
may be secured for all students in the University of Missouri, and
- (c)
- that procedures shall be definite and
determinable within the University of Missouri.
B. DEFINITIONS.
As used in these rules, the following definitions shall apply:
- Primary Administrative Officers. As used in these
procedures, the Chief Student Affairs Administrator on each
campus is the Primary Administrative Officer
except in cases of academic dishonesty, where the Chief
Academic Administrator is the Primary Administrative Officer.
Each Primary Administrative Officer may
appoint designee(s) who are responsible for the administration
of these conduct procedures, provided all such appointments
must be in writing, filed with the
Chancellor of the campus, and the office of General Counsel.
The Primary Administrator's Office will certify in writing
that the given designee has been trained in
the administration of student conduct matters.
- Student Panel. A panel of students appointed by the Chancellor, from which shall be selected by the Chair, upon the request of a student charged before the
Student Conduct Committee, not more than three students to serve with the Student Conduct Committee.
- Student. A person having once been admitted to the University who has not completed a course of study and who intends to or does continue a course of study
in or through one of the campuses of the University. For the purpose of these rules, student status continues whether or not the University's academic programs are
in session.
- Student Conduct Committee. As used in these procedures, "Student Conduct Committee," hereinafter referred to as the Committee, is that body on each
campus which is authorized to conduct hearings and to make dispositions under these procedures or a Hearing Panel of such body as herein defined.
C. SANCTIONS.
- The following sanctions may be imposed upon any student found to have violated the Student Conduct Code; more than one of the sanctions may be imposed for
any single violation:
- a.
- Warning. A notice in writing to the student that the student is violating or has violated institutional regulations.
- b.
- Probation. A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe
sanctions if the student is found to be violating any institutional regulation(s) during the probationary period.
- c.
- Loss of Privileges. Denial of specified privileges for a designated period of time.
- d.
- Restitution. Compensation for loss, damage, or injury to the University or University property. This may take the form of appropriate service and/or monetary or
material replacement.
- e.
- Discretionary Sanctions. Work assignments, service to the University, or other related discretionary assignments.
- f.
- Residence Hall Suspension. Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions
for readmission may be specified.
- g.
- Residence Hall Expulsion. Permanent separation of the student from the residence halls.
- h.
- University Dismissal. An involuntary separation of the student from the institution for misconduct apart from academic requirements. It does not imply or state a
minimum separation time.
- i.
- University Suspension. Separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for
readmission may be specified.
- j.
- University Expulsion. Permanent separation of the student from the University.
- Temporary Suspension. The Chancellor or Designee may at any time temporarily suspend or deny readmission to a student from the University pending formal
procedures when the Chancellor or Designee finds and believes from available information that the presence of a student on campus would seriously disrupt the
University or constitute a danger to the health, safety, or welfare of members of the University community. The appropriate procedure to determine the future status
of the student will be initiated within seven calendar days.
D. RECORDS RETENTION. Student conduct records shall be maintained for five years after
University action is completed.
E. POLICY AND PROCEDURES.
- Preliminary Procedures. The Primary Administrative Officer/Designee(s) shall investigate any
reported student misconduct before initiating formal conduct procedures and give the student the
opportunity to present a personal version of the incident or occurrence. The Primary
Administrative Officer/Designee(s) may discuss with any student such alleged misconduct and the
student shall attend such consultation as requested by the Primary Administrative
Officer/Designee(s). The Primary Administrative Officer/Designee(s), in making an investigation
and disposition, may utilize student courts and boards and/or divisional deans to make
recommendations.
- Informal Disposition. The Primary Administrative
Officer/Designee(s) shall have the authority to make a determination and to
impose appropriate sanctions and shall fix a reasonable time within which
the student shall accept or reject a proposed informal disposition. A failure
of the student either to accept or reject within the time fixed may be
deemed by the University to be an acceptance of the determination,
provided the student has received written notice of the proposed
determination and the result of the student's failure to formally reject and,
in such event, the proposed disposition shall become final upon expiration
of such time. If the student rejects informal disposition it must be in
writing and shall be forwarded to the Committee. The Primary
Administrative Officer/Designee(s) may refer cases to the Committee
without first offering informal disposition.
- Formal Procedure and Disposition.
- a.
- Student Conduct Committee:
- (1)
- The Committee shall be appointed by the Chancellor and shall have
the authority to impose appropriate sanctions upon any student or
students appearing before it.
- (2)
- The Committee, when appropriate or convenient, may be divided by
the Chair of the Committee into Hearing Panels, each panel to be
composed of at least five Committee members, which may include a
maximum of two students, present at the hearing, including a designated
chair. A Hearing Panel has the authority of the whole Committee in
those cases assigned to it. The Chair of the Committee or of a Hearing
Panel shall count as one member of the Committee or Hearing Panel and
have the same rights as other members.
- (3)
- Each Chancellor shall appoint a panel of students, to be known as
the Student Panel. Upon written request of a student charged before the
Committee, made at least seventy-two (72) hours prior to the hearing,
the Chair of the Committee or Hearing Panel shall appoint from the
Student Panel not more than three students to sit with the Committee or
two students to sit with the Hearing Panel (as stated in 4.a.(2)) for that
particular case. When students from the Student Panel serve at the
request of a student charged, they shall have the same rights as other
members of the Committee or Hearing Panel.
- b.
- General Statement of Procedures. A student charged with a
breach of the Student Conduct Code is entitled to a written notice and a
formal hearing unless the matter is disposed of under the rules for
informal disposition. Student conduct proceedings are not to be
construed as judicial trials and need not wait for legal action before
proceeding; but care shall be taken to comply as fully as possible with
the spirit and intent of the procedural safeguards set forth herein. The
Office of the General Counsel shall be legal adviser to the Committee
and the Primary Administrative Officer/Designee(s).
- c.
- Notice. The Primary Administrative Officer/Designee(s) shall initiate
student conduct proceedings by arranging with the Chair to call a
meeting of the Committee and by giving written notice by certified mail
or personal delivery to the student charged with misconduct. The notice
shall set forth the date, time, and place of the alleged violation and the
date, time, and place of the hearing before the Committee. Notice by
certified mail may be addressed to the last address currently on record
with the University. Failure by the student to have a current correct
local address on record with the University shall not be construed to
invalidate such notice. The notice shall be given at least seven (7)
consecutive days prior to the hearing, unless a shorter time is fixed by
the Chair for good cause. Any request for continuance shall be made in
writing to the Chair, who shall have the authority to continue the hearing
if the request is timely and made for good cause. The Chair shall notify
the Primary Administrative Officer/Designee(s) and the student of the
new date for the hearing. If the student fails to appear at the scheduled
time, the Committee may hear and determine the matter.
- Right to Petition for Review: (other than University expulsion,
University dismissal, or University suspension)
- a.
- In all cases where the sanction imposed by the Committee is other
than University expulsion, University dismissal, or University
suspension, the Primary Administrative Officer/Designee(s) or the
student may petition the Chancellor or Designee in writing for a review
of the decision within five (5) calendar days after written notification. A
copy of the Petition for Review must also be served upon the
nonappealing party within such time. The Petition for Review shall state
the grounds or reasons for review, and the nonappealing party may answer
the petition within five (5) calendar
days.
- b.
- The Chancellor or Designee may grant or refuse the right of review.
In all cases where the Petition for Review is refused, the action of the
Committee shall be final. If the Chancellor or Designee reviews the
decision, the action of the Chancellor shall be final unless it is to remand
the matter for further proceedings.
- Right of Appeal: (University expulsion, University dismissal, or
University suspension only)
- a.
- When a student is expelled, dismissed, or suspended from the
University by the Committee, the Primary Administrative
Officer/Designee(s), or the student may appeal such decision to the
Chancellor or Designee by filing written notice of appeal with the
Chancellor within ten (10) calendar days after notification of the
decision of the Committee. A copy of the Notice of Appeal will
contemporaneously be given by the student to the Primary
Administrative Officer/Designee(s) or by the Primary Administrative
Officer/Designee(s) to the student. The appealing party may file a
written memorandum for consideration by the Chancellor with the
Notice of Appeal, and the Chancellor may request a reply to such
memorandum by the appropriate party.
- b.
- The Chancellor or Designee shall review the record of the case and
the appeal documents and may affirm, reverse, or remand the case for
further proceedings and shall notify each party in writing of the decision
on the appeal. The action of the Chancellor shall be final unless it is to
remand the matter for further proceedings.
- Status During Appeal. In cases of suspension, dismissal, or
expulsion where a Notice of Appeal is filed within the required time, a
student may petition the Chancellor in writing for permission to attend
classes pending final determination of appeal. The Chancellor may
permit a student to continue in school under such conditions as may be
designated pending completion of appellate procedures, provided such
continuance will not seriously disrupt the University or constitute a
danger to the health, safety, or welfare of members of the University
community. In such event, however, any final sanctions imposed shall
be effective from the date of the action of the Committee.
- Student Honor System. Forums under the student honor systems
established for investigating facts, holding hearings, and recommending
and imposing sanctions are authorized when the student honor code or
other regulations containing well defined jurisdictional statements and
satisfying the requirements of Section 10.030, which is Article V of the
Bylaws of the Board of Curators, have been reduced to writing and have
been approved by the Chancellor and the Board of Curators and notice
thereof in writing has been furnished to students subject thereto.
Though the student honor system has jurisdiction, together with
procedures set forth therein, instead of the Primary Administrative
Officer/Designee(s), the standard of conduct called for in any such
student honor system shall be deemed to contain at a minimum the same
standards set forth in Section 200.010, entitled Standards of Conduct.
Procedures shall satisfy the requirements of the Board of Curators'
Bylaws, Section 10.030, which is Article V, and shall contain
procedures herein before stated insofar as appropriate and adaptable to
the particular situation and shall be approved by the Chancellor and the
General Counsel. Students subject to student honor systems shall have
the rights of appeal as set forth in Section 200.020 E.6 and 7.
F. Hearing Procedures.
- Conduct of Hearing. The Chair shall preside at the hearing, call the
hearing to order, call the roll of the Committee in attendance, ascertain
the presence or absence of the student charged with misconduct, read
the notice of hearing and charges and verify the receipt of notices of
charges by the student, report any continuances requested or granted,
establish the presence of any adviser or counselor of the student, and
call to the attention of the student charged and the adviser any special or
extraordinary procedures to be employed during the hearing and permit
the student to make suggestions regarding or objections to any
procedures for the Conduct Committee to consider.
- a.
- Opening Statements.
- (1)
- The Primary Administrative Officer/Designee(s) shall make opening
remarks outlining the general nature of the case and testify to any facts
the investigation has revealed.
- (2)
- The student may make a statement to the Committee about the
charge at this time or at the conclusion of the University's presentation.
- b.
- University Evidence.
- (1)
- University witnesses are to be called and identified or written reports
of evidence introduced as appropriate.
- (2)
- The Committee may question witnesses at any time.
- (3)
- The student or, with permission of the Committee, the adviser or
counselor may question witnesses or examine evidence at the
conclusion of the University's presentation.
- c.
- Student Evidence.
- (1)
- If the student has not elected to make a statement earlier under a. (2)
above, the student shall have the opportunity to make a statement to the
Committee about the charge.
- (2)
- The student may present evidence through witnesses or in the form
of written memoranda.
- (3)
- The Committee may question the student or witnesses at any time.
The Primary Administrative Officer/Designee(s) may question the
student or witnesses.
- d.
- Rebuttal Evidence. The Committee may permit the University or the
student to offer a rebuttal of the other's presentation.
- e.
- Rights of Student Conduct Committee. The Committee shall have
the right to:
- (1)
- Hear together cases involving more than one student which arise out
of the same transaction or occurrence, but in that event shall make
separate findings and determinations for each student;
- (2)
- Permit a stipulation of facts by the Primary Administrative
Officer/Designee(s) and the student involved;
- (3)
- Permit the incorporation in the record by reference of any
documentation, produced and desired in the record by the University or
the student charged;
- (4)
- Question witnesses or challenge other evidence introduced by either
the University or the student at any time;
- (5)
- Hear from the Primary Administrative Officer/Designee(s) about
dispositions made in similar cases and any dispositions offered to the
student appearing before the Committee;
- (6)
- Call additional witnesses or require additional investigation;
- (7)
- Dismiss any action at any time or permit informal disposition as
otherwise provided;
- (8)
- Permit or require at any time amendment of the Notice of Hearing to
include new or additional matters which may come to the attention of
the Committee before final determination of the case; provided,
however, that in such event the Committee shall grant to the student or
Primary Administrative Officer/Designee(s) such time as the Committee
may determine reasonable under the circumstances to answer or explain
such additional matters;
- (9)
- Dismiss any person from the hearing who interferes with or
obstructs the hearing or fails to abide by the rulings of the Chair of the
Committee;
- (10)
- Suspend summarily students from the University who, during the
hearing, obstruct or interfere with the course of the hearing or fail to
abide by the ruling of the Chair of the Committee on any procedural
question or request of the Chair for order.
- Student's Rights Upon Hearing. A student appearing before a
Committee shall have the right to:
- a.
- Be present at the hearing;
- b.
- Have an adviser or counselor and to consult with such adviser or
counselor during the hearing;
- c.
- Have students from the Student Panel sit with the Committee or
Hearing Panel;
- d.
- Hear or examine evidence presented to the Committee;
- e.
- Question witnesses present and testifying;
- f.
- Present evidence by witnesses or affidavit;
- g.
- Make any statement to the Committee in mitigation or explanation of
the conduct in question;
- h.
- Be informed in writing of the findings of the Committee and any
sanctions it imposes; and
- i.
- Request review or appeal to the Chancellor as herein provided.
- Determination by Student Conduct Committee. The
Committee shall then make its findings and determinations in executive
session out of the presence of the Primary Administrative
Officer/Designee(s) and the student charged. Separate findings are to be
made:
- a.
- As to the conduct of the student, and
- b.
- On the sanctions, if any, to be imposed. No sanctions shall be
imposed on the student unless a majority of the Committee present is
reasonably convinced by the evidence that the student has committed
the violation charged.
- Official Report of Findings and Determinations. The Committee
shall promptly consider the case on the merits and make its findings and
determination and transmit them to the Primary Administrative
Officer/Designee(s) and the student charged forthwith.
- Other Procedural Questions. Procedural questions which arise
during the hearing not covered by these general rules shall be determined
by the Chair, whose ruling shall be final unless the Chair shall present
the question to the Committee at the request of a member of the
Committee, in which event the ruling of the Committee by majority vote
shall be final.
- General Rules of Decorum. The following general rules of decorum
shall be adhered to:
- a.
- All requests to address the Committee shall be addressed to the Chair.
- b.
- The Chair will rule on all requests and points of order and may
consult with Committee's legal adviser prior to any ruling. The Chair's
ruling shall be final and all participants shall abide thereby, unless the
Chair shall present the question to the Committee at the request of a
member of the Committee, in which event the ruling of the Committee
by majority vote shall be final.
- c.
- Rules of common courtesy and decency shall be observed at all
times.
- d.
- An adviser or counselor may be permitted to address the Committee
at the discretion of the Committee. An adviser or counselor may request
clarification of a procedural matter or object on the basis of procedure
at any time by addressing the Chair after recognition.
- Record of Hearing. A taped or stenographic record of the hearing
shall be maintained. The notice, exhibits, hearing record, and the
findings and determination of the Committee shall become the "Record
of the Case" and shall be filed in the Office of the Primary
Administrative Officer/Designee(s) and for the purpose of review or
appeal be accessible at reasonable times and places to both the
University and the student.
- Crimes of Violence and Non-Forcible Sex Offences. In cases of
alleged crimes of violence and non-forcible sex offences:
- a.
- The alleged victim is entitled to have an adviser or counselor present
during his or her participation in the hearing.
- b.
- The alleged victim and the accused shall be informed of the outcome
of any campus disciplinary proceeding brought alleging a crime of
violence or non-forcible sexual assault.
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