Weber State University STUDENT DUE PROCESS/SANCTIONS No. 6-29 Rev. 
Date: 6-6-91


 OLD VERSION

A.  General Considerations

1.  Sanctions shall be imposed pursuant to administrative procedures outlined in the Weber State University PPM.

2.  No hearing committee may impose sanctions which exceed their specific jurisdiction.  If such committees conclude that additional sanctions are warranted, they may refer the case to the due process officer for further action.

3.  Reasonable efforts should be made to see that:

a.  The severity of sanctions imposed is reasonable in light of the violation committed;

b.  A similar range of sanctions are imposed under similar circumstances.

4.  Mitigating factors may be considered, including but not limited to:

a.  Present attitude;

b.  Past disciplinary records of the individual/group charged with violations;

c.  Nature of the offense;

d.  Severity of any damage, injury or harm resulting from the offense.

5.  Repeated violations or an aggravated violation of any university policy or procedure may result in the imposition of a more severe sanction.

6.  Attempts to commit acts prohibited by university policy may be subject to sanctions to the same extent as completed violations.

B.  Possible Sanctions Against Students

The hearing committee is authorized to impose the following punitive disciplinary actions under this code:

1.  Academic sanctions

a.  Grade Adjustment:  Receipt of a lower grade as determined and administered by the faculty member.  A hearing committee may recommend this action to faculty members;

b.  Loss of Credit:  A hearing committee may mandate loss of credit for a particular academic course;

2.  Institutional sanctions

a.  Warning:  Verbal or written notice to a student that his or her conduct may be in violation of university rules and regulations and that the continuation of such conduct or actions may result in further disciplinary action;

b.  Reprimand:  A verbal or written censure by the faculty member or university official involved;

c.  Probation:  A specified period of observation and review of conduct during which the student must demonstrate compliance with university rules and regulations.  Counseling or participation in specific courses or workshops may be required.  Terms of probation and the probationary period will be determined at the time the sanction is imposed.  Appropriate university officials shall be notified of the imposition of the sanction.

d.  Denial or Suspension from Participation in a Restricted Enrollment Program:  The opportunity to participate in a restricted enrollment program may be denied or suspended;

e.  Suspension of Specific Privileges:  The opportunity to participate in extracurricular activities, attend campus activities, utilize campus facilities, resources and services or other such measures may be suspended for a specific period of time, up to one year;

f.  Suspension of Use of Specific University Services:  The right to access and receive transcripts, register, etc. may be suspended for a specific period of time or until specific conditions are met;

g.  Suspension:  Separation of the person from the university for a specified or indefinite period of time.  Temporary and/or permanent notification may appear on the student's transcript.  Participation in any university sponsored activity or the person's physical presence on the campus may be restricted;

h.  Expulsion:  Permanent separation of the person from the university.  A permanent indication of expulsion will be made on the student's transcript.  The person can also be barred from the university campus or campus activities.  This sanction must be approved by the Weber State University president before being implemented;

3.  Monetary Sanctions

a.  Forfeiture:  Loss of tuition, monies due to an individual or group, and other appropriate fees may be imposed jointly with expulsion, suspension, suspension of specific privileges, probation or restitution;

b.  Restitution:  Reimbursement for damage to or misappropriate of property which may take the form of direct financial compensation, and/or the individual obligation to perform up to 25 hours of uncompensated work for the university, community service, or other forms of indirect compensation as outlined in the official decision;

c.  Fines:  Payment of up to two hundred dollars in punitive fines may be required.  Fines may be imposed separately or in conjunction with any other individual sanction or combination of sanctions.  A portion of the fine may be suspended pending successful completion of other sanctions.  Failure to make required payment may result in academic registration or registration in the association of registered organizations (ARO) being canceled or denied and imposition of other sanctions;

4.  Personal Development Sanctions:  Either requirements or recommendations for counseling, enrollment in specific campus courses or workshops may be made.  If requirements are not met, probation and further sanctions may result;

5.  Group Sanctions:  Any single sanction or combination of sanctions listed in this Student Code including the loss of ARO status, may be imposed against an entire group, individual group officers or individual group members, arising from their conduct in, or leadership of the group, pursuant to the provisions for personal conduct outlined in this Student Code.  Notification of any sanction listed may be made to national affiliates and officials;

6.  Temporary Interim/Emergency Sanction:  In special circumstances, any sanction listed above may be temporarily implemented prior to hearing;

a.  Such circumstances include situations where there is reasonable cause to believe the continued presence of the student/student group on campus or at university events poses an unreasonable risk of harm to the health, safety, or welfare of the university community, or individuals in the university community such as:

1)  Inflicting bodily harm on oneself or others;

2)  Inflicting serious emotional or mental distress on oneself or others;

3)  Creating a substantial disruption of normal campus functions including campus instruction;

4)  Presenting a threat to the stability and continuance of any normal university function;

5)  Being formally charged with a felony.

b.  Any student/student group receiving a sanction on an interim basis shall be given the opportunity for a review by the chair of the appropriate hearing committee within a ten day period from the effective date of the action.

c.  If, after a review, it is determined that the student or registered student organization did not violate university policy or fall under the provisions of this emergency section, arrangements will be made so that any missed academic work may be made up.

d.  As soon as practical, the chair of the appropriate hearing committee will schedule a hearing to determine if temporary sanctions should become permanent.

7.  Pending Civil or Criminal Actions:  Civil or criminal court actions may be grounds for sanctions imposed by the university;

a.  University actions in addition to formal legal action may be considered at the request of campus police or other interested parties by referral of an issue to the due process officer for further action.

b.  Temporary sanctions may be imposed before courts have determined guilt or civil liability based on guidelines outlined in this Student Code.

c.  Permanent sanctions may be imposed after a court decision is reached.

d.  The due process procedures and guidelines outlined in this Student Code must be followed in any process where permanent sanctions or additional university sanctions may be imposed.

C.  Possible Actions Against Administrators, Staff, or Faculty

A hearing committee may recommend sanctions against administrators, staff or faculty members as permitted in PPM Section IX - 14, Disciplinary Actions.

D.  Academic Freedom Considerations

No hearing committee may interfere with a faculty member's academic freedom to manage the learning process and grading evaluations within a particular course.  Hearing committees may:

1.  Encourage the faculty member to alter a course sanction or to submit a change of grade;

2.  Expunge the academic record; and/or

3.  Authorize a student to retake a particular course or designated equivalent at no additional charge.

In cases in which the hearing committee determines that the charge of academic dishonesty has not been proven, the faculty member shall rescind any reduced grade for academic dishonesty and shall evaluate and grade the student's performance in the course, examination, or academic assignment without consideration of the charge of academic dishonesty.

E.  Other Remedies

Subject to the concerns of academic freedom applicable in grading cases, if the committee finds that the imposition of a sanction or other adverse institutional action is not justified by the evidence, it shall have the power to set aside the sanction or decision and to fashion an appropriate remedy.