I.
PURPOSE
A.
Weber
State
University
recognizes students as adults pursuing their
education and cannot assume the responsibility of parents for the conduct of
students. The underlying goals of the Weber State University Student Code
(Student Code or Code) is to: 1) contribute to the development of appropriate
individual and group behavior and 2) encourage responsible citizenship within
the University community. The
administration of student policies should be conducted in a manner that will
foster the ethical development and personal integrity of students and promote
an environment that is in accord with the overall educational mission of the
University.
B.
The Weber State University Student Code is a document incorporated in
the University Policies and Procedures Manual (PPM) and is available online at
www.weber.edu.
II.
PREFACE
A.
Weber
State
University
derives its legal authority from the State of
Utah
to provide programs and services to students.
This authorization, established by the State Legislature, is administered by
the Governor and delegated to the State Board of Regents, the Weber State
University Board of Trustees, and the Weber State University President. The
Weber State University President has the option of delegating specific
elements of University authority to various entities including University
administrators, faculty, staff, and student governance systems. The
administration of the Student Code has been delegated to the Vice President of
Student Affairs.
B.
As members of the
Weber
State
University
academic community, students have significant
opportunities and special privileges, but they also assume the obligations
thereof. Students are responsible for becoming familiar with the Student Code.
III.
STUDENT RIGHTS
A.
Weber
State
University
students retain and enjoy all rights
guaranteed to citizens by the Constitution and laws of the
United States
and the Constitution and laws of the State of
Utah
. Examples of such rights include but are not
limited to the following:
1.
The right of reasonable access to University facilities and programs
and the right to learn free from unlawful discrimination or other arbitrary
and capricious treatment;
2.
The right of free inquiry, expression, and assembly subject to
constitutional limitations regarding time, place, and manner;
3.
The right to be secure in their persons, living quarters, papers, and
effects against unreasonable searches and seizures.
B.
In addition to the foregoing,
Weber
State
University
will make reasonable efforts to promote an
environment which provides:
1.
The right to form and operate an organized student government within
the guidelines prescribed by the University;
2.
Student representation through the Weber State University Student
Association (WSUSA) on University committees, councils, commissions, and other
formally constituted bodies that make general policy decisions affecting
students or that govern student activities and conduct;
3.
Due process, including a fair hearing in appropriate cases by a body
which includes a reasonable proportion of students;
4.
Procedural safeguards and privacy with respect to testing for drugs and
infectious diseases;
5.
The right to be reasonably informed about the full cost of tuition,
activity fees, lab fees, etc., and about available financial aid programs,
their attendant obligations, procedures, loan repayment schedules,
consequences of non-payment, etc.;
6.
The right of reasonable access to and use of University services and
programs such as financial aid, orientation, counseling, academic advisement,
career planning, library services, etc.;
7.
The right to competent academic instruction and advisement such that
students may:
a.
Expect to complete the course work required for specific programs
within a reasonable period of time and with reasonable scheduling options to
meet program and institutional requirements as outlined in the University
catalog;
b.
Inquire and be informed of course, program, major, and institutional
requirements, and expect that such requirements will not be changed for
students already enrolled in a program without reasonable alternatives being
provided;
c.
Expect that courses offered will be comparable with their catalog
descriptions, and that reasonable attempts will be made to offer periodically
all courses listed in the catalog;
d.
Expect that program changes will be well-planned, widely communicated,
and will incorporate an orderly transition from the old to the new;
e.
Receive academic credit and/or academic degrees when all specified
requirements have been satisfied;
f.
Receive appropriate credit or notations for work included in faculty
publications or other endeavors;
g.
Expect instructors to conduct themselves ethically and professionally,
in accordance with University policies and directives and accepted
professional standards;
h.
Expect instructors, when reasonably possible, to provide a syllabus
which outlines course requirements and instructor availability to be
distributed the first week of class;
i.
Experience academic evaluation through orderly procedures and criteria,
which are announced within 14 calendar days of the first day of class and
which are designed to prevent prejudice and arbitrary judgment;
j.
Inquire and be informed by instructors of sanctions they may impose in
the different courses they teach for the basic types of inappropriate behavior
and academic dishonesty;
k.
Have access to faculty members in formal classes, during scheduled
office hours, and/or by scheduling appointments;
l.
Have the right of intellectual inquiry, including specifically the
right to engage in reasonable academic discussion and dissent within the
framework of course material, class size, reasonable instructor availability,
and other exigencies defined by the University;
m.
Have the opportunity, through course evaluation and/or access to the
department chair, to assess the personal value of a course and make
suggestions about its direction, including the opportunity to complete
anonymous evaluations of both the instructor and the instruction they have
received;
n.
Expect the observation of Academic Study (Dead) Week and other official
University programs;
o.
Expect that the University or any of its departments will not require
unreasonable absences from classes in order to maintain extracurricular or
academic scholarships and/or positions;
p.
Expect instructors to allow students absent from class while engaged in
official University activities a reasonable opportunity to make up missed
quizzes, exams, and/or assignments or complete some comparable activity.
q.
Request a resolution of conflict between course content and the student's
core-beliefs. See PPM 6-22 IV.D.9.
IV.
STUDENT RESPONSIBILITIES
A.
Students at
Weber
State
University
assume the personal obligation to conduct
themselves in a manner which is compatible with the University's role as a
public institution of higher education. By
enrolling at
Weber
State
University
, students agree to maintain certain standards
of conduct, which if violated, may result in the imposition of sanctions or
other forms of University discipline.
B.
General categories of misconduct for which students may be subjected to
University discipline are listed below.
1.
Conduct which violates federal, state, or local law;
2.
Conduct which violates
Weber
State
University
rules or regulations;
3.
Conduct which unreasonably disrupts, adversely affects, or otherwise
interferes with the lawful functions of the University, or the rights of any
individual to pursue an education at
Weber
State
University
;
4.
Conduct which results in injury or damage to persons affiliated with
the University or property owned or controlled by the University.
C.
As members of the
Weber
State
University
community, students shall avoid conduct which
violates the provisions of paragraph IV.B. above.
Examples of such prohibited conduct include but are not limited to the
following:
1.
Failing to respect the right of every person to be secure and protected
from fear, intimidation, harassment, hazing, and/or physical harm caused by
the activities of groups or individuals;
2.
Sexual assault, sexual harassment, or any other non-consensual verbal
or physical sexual activity, including the support or assistance of such
activities;
3.
Disorderly, lewd, indecent, defamatory, or obscene conduct or
expression on University-owned or controlled property or at
University-sponsored or supervised functions or events.
Disorderly conduct includes but is not limited to: Any unauthorized use
of electronic or other devices to make an audio or video record of any person
while on University premises without his/her prior knowledge, or without
his/her effective consent when such a recording is likely to cause injury or
distress. This includes, but is
not limited to, surreptitiously taking pictures of another person in a gym,
locker room, or restroom;
4.
Participating in demonstrations, rallies, assemblies, performances,
showings, exhibits, pickets, etc. in violation of any law or University
policy;
5.
Distributing, publishing or posting materials, soliciting funds,
selling items, engaging in commercial activity, erecting structures,
exhibiting items, displaying films and videos, using official University
insignia or materials, or participating in performances and activities without
proper authorization or not in accordance with University policy;
6.
Obstructing or disrupting teaching, research, administration,
disciplinary procedures, computing services, other University-sponsored
activities, services, or events, including public service functions;
7.
Deliberate interference with academic freedom and freedom of speech,
including not only instructional activities, but also interference with
performances, exhibits, displays, dissemination of information,
demonstrations, or the freedom of any speaker invited by any segment of the
University community to express views;
8.
Initiating or causing to be initiated any intentionally false report
warning;
9.
Leaving children unattended on University premises or allowing them to
create a disruption on University premises or at University-sponsored
functions;
10. Failing
to meet contractual obligations with the University;
11. Knowingly
violating terms of any disciplinary sanction;
12. Intentionally
furnishing false information, including false identification;
13.
Forging, altering, misusing, or mutilating University documents,
records, identification, educational materials, or other University property;
14.
Influencing or attempting to influence the academic process or any
University administrative process through explicit or implied bribery,
threats, sexual behavior, etc.;
15. Theft
or misappropriation of property, equipment, materials, services, or data;
16. Theft
or other abuse of computer facilities and resources, including but not limited
to:
a.
Unauthorized entry into a file, to use, read, or change the contents,
or for any other purpose;
b.
Unauthorized transfer of a file;
c.
Use of another individual’s identification and/or password;
d.
Use of computing facilities and resources to interfere with the work of
another student, faculty member, or University official;
e.
Use of computing facilities and resources to send obscene or abusive
messages;
f.
Use of computing facilities and resources in violation of state or
federal law or University policies, or for any illegal purpose;
g.
Use of computing facilities and resources to interfere with normal
operation of the University computing system;
h.
Use of computing facilities and resources in violation of copyright
laws;
i.
Any violation of the University Acceptable Use Policy.
17. Knowingly
possessing stolen property, equipment, materials, services, or data;
18. Intentionally
or recklessly destroying, defacing, vandalizing, damaging, or misusing the
property, equipment, materials, services, or data of the University or other
University community members, or aiding, abetting, or contributing to such
actions;
19.
Unauthorized entry upon or use of University facilities, equipment,
materials, data, premises, or services;
20. Unauthorized
possession or use of a key to any University facility;
21.
Illegal or unauthorized possession of firearms, explosives, other
weapons, or dangerous chemicals on University premises or use of any such
items, even if legally possessed, in a manner that harms, threatens, or causes
reasonable fear of imminent bodily harm;
22.
Unlawful use, possession, distribution, sale, manufacture, or
possession for purposes of distribution or sale of any controlled substance or
illegal drug;
23.
Sale
, possession, manufacture, distribution, or
consumption of alcoholic beverages on University premises;
24.
Unauthorized sale, possession, manufacture, distribution, or
consumption of alcoholic beverages at any official off-campus
University-sponsored function or event;
25.
Smoking in unauthorized locations on University premises in violation
of state law, University, or public health regulations;
26.
Aiding, abetting, or inciting others to commit any act prohibited by
law or University policy;
27.
Violating University parking regulations or other misuse of a vehicle
which violates the law or University policy;
28.
Refusing to respond to reasonable requests and directions from
University or local government officials while in the performance of their
duties;
29. Abuse
of the Student Code system, including but not limited to:
a.
Failure to obey the notice from a University official to appear for a
meeting or hearing as part of the Student Code system;
b.
Falsification, distortion, or misrepresentation of information before a
hearing committee;
c.
Disruption or interference with the orderly conduct of a hearing
committee proceeding;
d.
Initiation of a Student Code proceeding in bad faith;
e.
Attempting to discourage an individual’s proper participation in, or
use of, the Student Code system;
f.
Attempting to influence the impartiality of a member of a hearing
committee prior to and/or during the course of the proceeding;
g.
Harassment (verbal or physical) and/or intimidation of a member of a
hearing committee prior to, during, and/or after a Student Code proceeding;
h.
Failure to comply with the sanction(s) imposed under the Student Code;
i.
Influencing or attempting to influence another person to commit an
abuse of the Student Code system.
30. Any
other violation of clearly stated proscriptions of any legal authority or any
published rule or regulation promulgated by any official, University
administrator, committee, commission, or council acting within the scope of
their authority.
D.
In addition to the foregoing, as members of the
Weber
State
University
academic community, students shall:
1.
Maintain academic standards including institutional, school,
departmental, program, and individual course standards;
2.
Maintain academic ethics and honesty. To this end, the following
activities are specifically prohibited:
a.
Cheating, which includes but is not limited to:
i)
Copying from another student's test;
ii)
Using materials during a test not authorized by the person giving the
test;
iii)
Collaborating with any other person during a test without
authorization;
iv)
Knowingly obtaining, using, buying, selling, transporting, or
soliciting in whole or in part the contents of any test without authorization
of the appropriate University official;
v)
Bribing any other person to obtain any test;
vi)
Soliciting or receiving unauthorized information about any test;
vii)
Substituting for another student or permitting any other person to
substitute for oneself to take a test.
b.
Plagiarism, which is the unacknowledged (uncited) use of any other
person’s or group’s ideas or work. This includes purchased or borrowed
papers;
c.
Collusion, which is the unauthorized collaboration with another person
in preparing work offered for credit;
d.
Falsification, which is the intentional and unauthorized altering or
inventing of any information or citation in an academic exercise, activity, or
record-keeping process;
e.
Giving, selling, or receiving unauthorized course or test information;
f.
Using any unauthorized resource or aid in the preparation or completion
of any course work, exercise, or activity;
g.
Infringing on the copyright law of the
United States
which prohibits the making of reproductions of
copyrighted material except under certain specified conditions.
3.
Obtain the instructor's permission before recording lectures;
4.
Obtain the instructor's permission at least 24 hours before bringing
any children (including infants) into a classroom, workshop, or laboratory
setting. In the case of an emergency, prior approval may be sought up to the
beginning of the class or activity. If
the child becomes disruptive in any way during an approved visit, the
responsible person must remove the child immediately;
5.
In
the absence of the instructor, remain in the classroom at least 15minutes
from the class starting time, unless otherwise notified;
6.
Notify their instructors as far in advance as possible of any planned
absence for participation in University-approved or requested group
activities, and discuss the terms, options, and possible outcomes of these
absences with instructors;
7.
Avoid unethical, wasteful, and/or inappropriate use of any computer
system, library, or other campus resource, or interference with the
productivity of other users;
8.
Avoid misrepresentation of a research project or paper for other than
its original intended usage.
9.
Determine, before the last day to drop courses without penalty, when course
requirements conflict with a student's core beliefs. If there is such a
conflict, the student should consider dropping the class. A student who
finds this solution impracticable may request a resolution from the
instructor. This policy does not oblige the instructor to grant the
request, except in those cases when a denial would be arbitrary and capricious
or illegal. This request must be made to the instructor in writing and
the student must deliver a copy of the request to the office of the department
head. The student's request must articulate the burden the requirement
would place on the student's beliefs.
E.
Any student found in violation of the aforementioned examples of
dishonesty may, in addition to the appropriate academic sanctions imposed by
the professor, have his/her name forwarded to the Dean of Students for
appropriate institutional sanctions identified below.
F.
Weber
State
University
reserves the right to take appropriate action
against any individual or group which is found upon hearing to pose an
unreasonable risk of harm to the health, safety, or welfare of the University
community.
V.
STUDENT ORGANIZATIONS AND ACTIVITIES
A.
Weber
State
University
believes in student participation in the
government of the institution. As
constituents of the University community, students are encouraged individually
and collectively to express their views concerning policy to the
administration. The WSUSA
constitution establishes the governing bodies for students of the University
by a delegation of authority through the President of the University.
B.
Student organizations may be established within the University for any
lawful purpose. All organizations
must register with the WSUSA. By virtue of registering as a student
organization, such organizations do not become official agencies of
Weber
State
University
.
VI.
FREEDOM OF EXPRESSION
A.
Academic freedom, the free flow of ideas, the right to speak, and the
right to hear must be protected not only from censorship, but also from those
committed to interfere with free expression through acts of disruption.
It is the responsibility of all members of the University community to
refrain from conduct which interferes with free speech.
The University shall apply appropriate sanctions under proper
procedural safeguards to those who violate this obligation.
B.
Members of the University community shall have the right to freedom of
speech and assembly without prior restraint or censorship, subject only to
constitutional guidelines and clearly stated, reasonable, and
nondiscriminatory rules and regulations regarding time, place, and manner.
C.
By virtue of regulating the exercise of free speech on the University
premises, unless expressly stated otherwise, the University does not sponsor
or sanction the messages being stated or the methods of speech being used.
Nothing in these regulations shall be construed as authorizing or
condoning unlawful, defamatory, or obscene exercises of speech rights defined
under these regulations and national, state, or local laws.
VII. STUDENT RECORDS
A.
The privacy and confidentiality of all student records shall be
preserved. Official student records shall be maintained only by members of the
University staff employed for that purpose.
The Family Educational Rights and Privacy Act of 1974 (FERPA), with
which Weber State University intends to comply, was designed to protect the
privacy of education records, to establish the right of students to inspect
and review their education records, and to provide guidelines for the
correction of inaccurate or misleading data.
B.
Students also have the right to file complaints with the Registrar
concerning alleged failures by
Weber
State
University
to comply with FERPA.
Questions regarding this Act and the related University policies may be
referred to the Registrar.
C.
The complete listing of official student records, information regarding
their confidentiality, their access, and the access and/or accuracy of the
challenge/hearing process, may be obtained from the Registrar.
VIII.
JURISDICTION
A.
Procedures which foster dialogue and promote resolution between the
immediate parties involved in a dispute are encouraged.
Every effort should be made to resolve disputes at the lowest possible
level (i.e., individual, supervisor, department chairperson, program director,
and/or dean). If resolution by
these means is unsatisfactory, formal departmental or school procedures, if
available, should be instituted and/or the office designated by the Vice
President for of Student Affairs should be notified.
Students are also encouraged to contact their elected WSUSA
representatives, if desired.
B.
Procedures and hearings of all
Weber
State
University
bodies which have the potential of sanctioning
students or providing relief to students will follow guidelines specified in
the Student Code. Actions which
seek redress from or imposition of sanctions on staff/faculty members of
Weber
State
University
and/or its administrative entities will follow
guidelines and procedures outlined in the Weber State University PPM.
C.
Issues relating to admission, residence halls, academic requirements,
eligibility, residency, or parking violations are deferred to University
venues especially designated to handle such issues, and appeals from those
bodies will be considered only on due process grounds.
D.
Scope:
1.
In the absence of specific guidelines and procedures indicated
elsewhere in the PPM, the due process provisions contained in the Student Code
shall be followed.
2.
Financial and business obligations such as payment of tuition, parking
fees, residence hall charges, financial aid, etc., are considered business
transactions and are covered by legal agreements in addition to the Student
Code.
3.
Generally, University jurisdiction and discipline shall be limited to
conduct which occurs on University premises or which adversely affects the
University community and/or the pursuit of its objectives.
E.
Specific Issues
In
order to promote the resolution of disputes in an efficient and effective
manner, the power to resolve particular issues shall be exercised as follows:
1.
Academic Issues
a.
Academic Dishonesty
i)
All members of the University community have the obligation to report
instances of academic dishonesty to the responsible faculty member.
ii)
Grievances pertaining to academic dishonesty shall be referred to the
college in which they arise for resolution according to the provisions of the
Student Code.
b.
Academic Grade/Course Sanctions
Grievances
regarding grading or the imposition of course sanctions not involving academic
dishonesty shall be referred to the college in which they arise for resolution
according to the provisions of the Student Code.
c.
Admission/Standing in Restricted Enrollment Programs
Grievances
regarding admission to or standing in a restricted enrollment program at the
University shall be referred to the college in which they arise for resolution
according to the provisions of the Student Code.
2.
Administrative Issues
a.
Decisions on all issues of an administrative nature, such as admission
to the University, residency, tuition, course waivers, credit adjustment,
graduation, program eligibility, participation in specific activities,
financial aid, parking and traffic, residence halls, and discrimination, will
be made by administrative officers and/or committees appointed by the
appropriate University vice president.
b.
Unless otherwise obligated by law or University policy, such officers
and/or committees shall follow the due process provisions contained in the
Student Code.
3.
Behavioral Issues
Unless
otherwise specified herein, behavioral issues involving the alleged violation
of the Student Code shall be referred to the Dean of Students for resolution
according to the provisions hereof.
4.
Student Grievances Against Faculty
Grievances
against an individual faculty member on grounds other than grading, course
sanctions, academic dishonesty, or admission/standing in restricted enrollment
programs shall be referred to the appropriate department chair, dean, vice
president, or other responsible administrator for resolution according to the
provisions of Section 9 of the PPM. Specific guidance with respect to this
procedure should be obtained from the Due Process Officer.
5.
Student Grievances Against Staff/Administration
Grievances
against an individual member of the University staff or administration should
be referred to the vice president having supervisory jurisdiction over the
subject matter of the complaint for resolution according to the provisions of
the Student Code or other relevant portions of the PPM.
Specific guidance with respect to this procedure should be obtained
from the Due Process Officer.
6.
Off-Campus Behavior
Off-campus
behavior by students or student groups acting as official representatives of
the University or utilizing the name of the University in any capacity or by
students or student groups charged with any violent crime may be referred by
any interested party to the Dean of Students for review.
If the behavior is in violation of the provisions of the Student Code
and may endanger the safety or welfare of the University community, University
action may be taken and sanctions may be imposed.
7.
Criminal Activity/Civil Court Actions
a.
The jurisdiction of federal, state, and local courts and law
enforcement officials is recognized by the University with regard to criminal
offenses and civil matters.
i)
Courts have jurisdiction over cases involving violations of civil and
criminal law.
ii)
Weber
State
University
has jurisdiction over violations of University
rules and regulations.
b.
When an act allegedly violates both civil or criminal law and
University rules, there is concurrent jurisdiction.
c.
University Police have the responsibility to investigate criminal acts
and enforce court orders as mandated by the requirements of their duly
constituted offices.
8.
Referral Power
Issues
that exceed the jurisdictional scope of a particular hearing committee shall
be referred to the Due Process Officer for reassignment to the appropriate
committee.
IX.
PROCEDURES FOR HEARINGS
A.
The goal of the hearing process is to provide for the prompt and fair
resolution of all grievances as they occur, so that constructive, educational,
and developmental relationships can be maintained at
Weber
State
University
. Informal
resolution of any dispute should be attempted.
If satisfactory resolution is not achieved through informal means, any
party involved in the dispute may request access to the hearing process.
Formal resolution may be sought from a college or departmental system or from
the office designated by the Vice President for of Student Affairs.
Appeals from those bodies will be considered only on due process grounds.
B.
Resolution
1.
Whenever possible, grievances should be resolved at the lowest level
(i.e., individual, supervisor, faculty member, department chairperson, program
director, and/or dean).
2.
The complainant's first recourse is to speak informally with the
respondent. This informal meeting may include consultation with the
appropriate supervisor(s). If satisfactory resolution is not achieved through
informal means, any party in the dispute may contact the Due Process Officer
and initiate the hearing process.
3.
There is no University requirement to maintain records of the informal
resolution proceedings.
C.
Process
1.
Exceptions to the time-delineated deadlines contained herein may be
made by the chair of the hearing committee for good reasons. In addition, at
any stage of these proceedings, the respondent and the complainant may go back
to an informal resolution process.
2.
Pre-Hearing Procedures
a.
Any person may file a charge after an attempt at informal resolution
has been made or the matter has been transferred to the formal hearing level.
A charge shall be prepared in writing and directed to the Due Process
Officer. Any charge should be
submitted as soon as possible after the event takes place, preferably within
10 working days of the event(s) giving rise to the charge.
Within
ten working days following receipt of a charge, a hearing committee may make a
nonbinding recommendation that an informal attempt at resolution be initiated,
if this meeting was not held previously. Furthermore,
the hearing committee may at its discretion decide not to hold a hearing on
the charge if it is determined to be frivolous, without merit, based on purely
personal grounds or on issues that are beyond the jurisdictional boundaries
established by University policy, or if it is determined to be an abuse of the
intent of due process. The
decision to dismiss the charge, together with reasons therefore, shall be
submitted in writing to both the complainant and the respondent.
If a decision is made to dismiss the charge, any appeal must be
submitted to the Due Process Officer within ten working days following receipt
of the decision.
Within
ten working days following receipt of a charge, the chair shall inform the
respondent in writing thereof. No
adverse action or sanction may be taken against a respondent until
notification of the charge has been given.
i)
Written notice of the charge from the chair shall be delivered
personally, or sent by certified mail, return receipt requested, to the
respondent's last known address. Such notice shall contain the following:
a]
A concise statement of the charge, summarizing the facts, conduct, or
circumstances alleged to constitute failure to comply with University policy.
A copy of the applicable sections of the PPM shall be included with this
notice;
b]
A list of possible sanctions which may be imposed if the allegations of
noncompliance are sustained by the hearing committee;
c]
The time and place of the hearing and of the pre-hearing conference;
d]
The rights and responsibilities of the respondent and the complainant
in the hearing. This provision
shall be deemed satisfied if a copy of the Student Code is provided to the
respondent and complainant along with a copy of the charge;
e]
The current membership of the hearing committee, together with
notification that both the complainant and the respondent have the right to
challenge the composition of the hearing committee for good reasons.
ii)
A respondent who wishes to
contest the charge may, within ten working days of receiving the charge, file
a written answer to the charge with the chair. Emergencies may be grounds for
a reasonable extension of the time within which an answer may be filed, but
such emergencies must be of a serious and compelling nature.
iii)
When a charge has been filed against a respondent and criminal or civil
charges on the same or closely related acts are pending in a court of law, the
hearing proceedings under University policy may be postponed at the discretion
of the committee, after considering the arguments of the parties and with the
concurrence of the University Legal Counsel.
iv)
The chair shall schedule the hearing for a time no later than thirty
working days from the time the charge was initially received.
An extension of time for hearing preparation may be granted by the
chair if requested by the respondent or complainant for good reasons.
b.
The purpose of the pre-hearing conference is to facilitate and expedite
the hearing process. A pre-hearing
conference will be held at least ten working days prior to the date set for
the hearing. The following individuals should be in attendance at the
pre-hearing conference:
i)
The chair of the hearing committee;
ii)
The respondent(s);
iii)
The complainant(s);
iv)
Advisors of the respondent and the complainant, if any;
v)
If deemed appropriate by the chair, the Due Process Officer and/or the
University Legal Counsel may also attend.
At
the pre-hearing conference, the complainant and the respondent may agree to
waive hearing before the full committee and elect to have the matter heard by
the chair acting in the capacity of an individual hearing officer.
The
individuals in attendance at the pre-hearing conference shall decide the
parameters of and delineate the issues to be examined at the hearing.
At this pre-hearing conference, the respondent and complainant shall
make available to each other and to the chair upon request, a list of proposed
witnesses to be called documents expected to be introduced at the hearing.
Nothing in this paragraph shall, however, limit the parties involved
from bringing additional information or requesting additional witnesses during
the hearing, subject to the approval of the hearing committee.
At
the pre-hearing conference, each party may, challenge the composition of the
hearing committee for good reasons. In
the event that member(s) of the hearing committee (other than the chair) are
challenged, the chair shall rule on the challenges.
In the event that the challenge is against the chair, the appropriate
dean or vice president shall rule on the challenge. Appointment for the
replacement member(s) shall be determined by the appropriate dean or vice
president.
c.
The pre-hearing conference may be continued or for good reasons shown
by any of the participating parties.
3.
Hearing Committee Membership
The
appointment of hearing committees for the jurisdictional issues identified in
the preceding section will be as follows:
a.
Academic Issues - a hearing committee for each academic college will be
appointed by the appropriate dean. The five-member hearing committee shall
consist of students and other members of the University community from the
respective college.
b.
Administrative, Behavioral, Off-Campus Behavior, and Criminal
Activity/Civil Court Action Issues - a hearing committee will be appointed by
the appropriate vice president. The
five-member hearing committee shall consist of students and other members of
the University community.
c.
Student Grievances Against Faculty - grievances against faculty, other
than those involving academic issues, will be resolved in accordance with PPM
Section 9: Academic Freedom, Rights, Responsibilities, and Due Process.
d.
Student Grievances Against Staff/Administration - a hearing committee
will be appointed by the appropriate vice president.
The five-member hearing committee shall consist of two students, as
well as other members of the University staff and/or administration.
4.
Hearing Procedures
a.
The function of the hearing is to allow the hearing committee to make
an informed judgment according to the information presented and the standards
of conduct contained in the Student Code.
b.
Attendance at the hearing should, in addition to the hearing committee,
include those persons in attendance at the pre-hearing conference as specified
above. A substitute or
representative for any of the specified individuals may attend upon approval
of the chair. A quorum shall be
constituted if at least three members of the committee are present, including
at least one student. The
committee may postpone the hearing in the event it determines that the absence
of one or more individuals would jeopardize the fairness of the proceedings.
c.
Hearings shall be open to the public unless the respondent or
complainant requests that it be declared a closed hearing and the chair, in
consultation with Legal Counsel, determines that a closed hearing would be
appropriate under the circumstances.
d.
In the event of disorder or disruption during a hearing, the chair may
take reasonable steps to ensure order, including removal of any offending
person(s).
e.
Records pertaining to the case under review may be requested by either
the chair or the parties. Compliance
with such a request is an obligation of employment of any employee or officer
of the University, provided that disclosure of confidential communications or
records, as recognized either by law or published University regulations, is
exempt. If an exemption is
claimed, the chair of the hearing committee shall decide the issue in
accordance with the Utah Government Records Access and Management Act (GRAMA).
f.
The hearing shall be conducted as expeditiously as possible in order to
produce a fair and reasonable judgment. The
number and duration of meetings required to reach a decision shall be at the
discretion of the committee.
g.
Hearings shall be guided by the following considerations.
Mere failure to follow any of the guidelines, however, without a
showing of prejudice, shall not be construed as sufficient grounds for a
charge of procedural error.
i)
The meeting shall be called to order by the chair.
The chair shall:
a]
Introduce all persons in attendance;
b]
State whether it is an open or closed hearing;
c]
Remind all participants in a closed hearing of the confidential nature
of the proceedings;
d]
State the charge being considered;
e]
Describe how the meeting will be conducted;
f]
Inform the parties of the right of the committee to meet in closed
session for deliberative purposes as needed;
