STUDENT DUE PROCESS/DEFINITION OF TERMS	No. 6-25	Rev.
		Date 6-6-91

OLD VERSION

I. REFERENCE

PPM 9-20, Security at Weber State University Hearings

II. POLICY

The following definitions have been accepted by the university to apply to the various terms used in describing the procedures of academic due process as outlined in Policy Nos. 6-23 to 6-33:

A. Academic Dishonesty - includes, but is not limited to, those actions identified in Policy No. 6-10, Student Responsibilities.

B. Advisor - any individual selected by the respondent to attend the prehearing conference or hearing, including legal counsel, if desired.

C. Charge - a concise, written statement of the complaint, summarizing the facts, conduct, or circumstances alleged to constitute failure to comply with the standards set forth in university policy and procedure including the Student Code. The charge is directed to the chair of the hearing committee who in turn informs the respondent.

D. Complaint - an informal accusation that a violation of university policy or procedure has allegedly occurred.

E. Complainant - any member of the university community (individual or group) who registers a complaint or files a charge. The individual who registers the complaint need not also be the individual who files an associated charge.

F. Due Process Officer - a member of the university administration, faculty, or staff, appointed by the president, to perform the following functions:

1. Facilitate implementation of the due process provisions of the Student Code;

2. Serve as a resource to members of the university community including students, providing clarification of issues and assistance in utilizing appropriate processes related to grievances involving students;

3. Provide adequate orientation to the due process system, hearing formats, consultation and assistance to those involved in the dispute resolution process involving students;

4. Interpret due process provisions of the Student Code in consultation with university legal counsel;

5. Maintain records of decisions and/or sanctions imposed by hearing committees;

6. Hear and decide all appeals filed under the provisions of this Student Code;

7. Report annually on the operation of the Student Code to the vice presidents for student services and academic affairs;

8. Review the due process provisions of the Student Code every three years and make recommendations for revisions as needed to the vice presidents for student services and academic affairs.

G. Faculty Member - professionally trained individuals holding academic rank or title whose primary function is that of instruction.

H. Hearing - a forum provided by the university in which a charge is presented, evidence taken, findings and conclusions entered, and sanctions possibly imposed by a hearing committee as described in Policy No. 6-27, Hearings.

I. Hearing Committee - a committee appointed by a dean or a vice president which reviews charges brought against members of the university community under the jurisdiction identified in Policy No. 6-24, Jurisdiction. The committee is composed of five members of the university community, two of whom must be students as described in Policy No. 6-27, Hearings. Two alternates will also be identified, including one student. Members shall serve for a term of one year and may be reappointed to consecutive or nonconsecutive terms. No hearing committee shall conduct hearings until appropriate orientation has been received from the due process officer. When the context so requires, hearing committee shall refer to the chair acting alone in the capacity of an individual hearing officer.

J. Hearing Committee Chair - an individual member of a hearing committee designated by a dean or vice president to be responsible for the proper functioning of the committee. Following orientation provided by the due process officer, this individual shall be responsible for conducting the hearing process, which includes receiving the charge, conducting the pre-hearing conference, conducting the hearing, keeping records and minutes, and notifying the respondent, the complainant, and the due process officer of the hearing committee's decision. In appropriate cases when the parties waive their right to a hearing by the full committee, this individual may perform all of the functions of the hearing committee as if a full committee were present.

K. Informal Meeting - a conference between a respondent and complainant to attempt resolution of the complaint.

L. Legal Counsel - the lawyer assigned to the university by the Attorney General's Office. The legal counsel will serve as a representative of the university to provide advice at any stage of the due process procedure to the due process officer. It should be recognized by all parties, however, that in this assignment the legal counsel serves to protect the interests of the university.

M. Organization - refers to any group of individuals who have complied with the formal requirements of registration for a university organization at Weber State University.

N. Prehearing Conference - a meeting held after a charge has been filed with the chair of the hearing committee. At this meeting, initiated and conducted by the chair, the composition of the hearing committee for the hearing will be determined and the issues to be examined will be identified and clarified.

O. Privileged Information - refers to information which may be withheld from unauthorized persons or only disclosed to authorized persons in accordance with state and federal law.

P. Procedural Due Process - refers to the receipt of adequate notice, timely meeting of deadlines, completion of committee assignments and deliberative actions in accordance with established policies and procedures. In general, procedural due process will be deemed to have been afforded when the preponderance of the evidence shows reasonable care in following established procedures. Reasonable care in the performance of the various committees and administrators (allowing for exigencies and unanticipated problems) is sufficient to meet the requirements for procedural due process. Therefore, only cases of prejudicial failure to meet procedural guidelines will be considered cause for rehearings.

Q. Reasonable Care - the level of performance recognized in the academic profession as reasonable in light of obligations one has assumed, competing demands upon energy and time, the nature and quality of the work, and all other circumstances which the university community, after being fully informed, would properly take into account in determining whether responsibilities have been discharged at an acceptable performance level.

R. Respondent - a student, faculty member, staff member, or administrator against whom a complaint has been made or a charge has been issued.

S. Sanctions - includes measures or disciplinary actions which are imposed as a penalty for the violation of university policy or procedure. The sanctions authorized under this code are defined in Policy No. 6-29, Sanctions.

T. Student - includes all persons taking courses at the university, both full-time and part-time, pursuing undergraduate, graduate, or professional studies.

U. Student Code - title of those provisions in the Student Affairs section of the PPM which set forth the rights and responsibilities, jurisdictional, and due process policies and procedures applicable to students attending Weber State.

V. Substantive Due Process - refers to protection from arbitrary and unreasonable action in the resolution of disputes and/or imposition of sanctions.

W. University Community - includes any individual who is a student, faculty member, staff member, administrator, or any other person employed by the university.

X. University Premises - includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the university (including streets and sidewalks).

Y. University Policy and Procedure - written regulations of the university as found in the Weber State University Policy and Procedure Manual (PPM), including the Student Code.

Z. Working Day - those days which fall during an official university quarter with the exception of Saturday, Sunday, and legal or university holidays.