SUBJECT: Student Disciplinary Code Revision
DESCRIPTION: The Dean of Students and Associate Dean of the Law School worked together in making revisions to the University's Student Disciplinary Code. The focus of the revisions to the code is to clarify the process in the event a student is dissatisfied with the decision of the Law Dean under the Law School Honor Code.
Presently, the initial processes of the Law School Honor Code and the Student Disciplinary Code are parallel. The Coordinator of Student Discipline, for undergraduate students, and the Associate Dean of the law School, for law students, conduct an investigation and may impose sanctions for violations of the respective codes found. Should the student disagree, the matter then is forwarded to a committee for a due process hearing. For undergraduate students, the hearing is conducted by a body currently referred to as the Disciplinary Appeal Board. For law Students, the hearing is before the Law School Honor Code committee. The respective hearing panels make findings based upon the evidence presented at the hearing. At this stage, the processes diverge. For all students, other than Law Students, the final step in the disciplinary process is with the hearing committee. At the Law School, however, the Law Dean reviews the matter and makes a final decision based on the record. The present Student Disciplinary Code permits law students to have a second review of a decision, a step beyond that currently available to undergraduate students. This revision proposes that students who wish to have review of a decision of the Law Dean under the Law School Honor Code, instead of having a second panel consider the matter, provides for a final review of all decisions under either the Law School Honor Code or the Disciplinary Hearing Board be made by he President or his designee. The other change found in the revision is the elimination of prescriptive procedures for conducting of a hearing by the Disciplinary Hearing Board.
The proposed revision of the Code is attached. Language to be added is in bold, language to be removed is italicized. (For sake of your review, proposed changes begin in section V. on p.6)
FINANCIAL IMPLICATIONS: None
RECOMMENDATION: President Farley recommends approval of the proposed revised Student Disciplinary Code.
(date) Jerry B. Farley, President
I. General Provisions
The students of Washburn University are responsible for complying with policies, standards, rules, and requirements for academic and social behavior formulated by the university community. At the same time, students have protection through orderly procedures against arbitrary or capricious actions or decisions by university authorities. Due process is recognized as essential to the proper enforcement of university rules. The purpose of this document is to provide a procedure and rules by which a student will be afforded due process in the matter of alleged violations of university standards, rules and requirements governing academic and social conduct of students.
The Coordinator of Student Discipline shall be the principal officer responsible for implementing the Student Disciplinary Code. The Coordinator shall ensure due process for students by following the proper steps related to the initiation, investigation, and disposition of complaints against a student which are outlined in Section VI of this document. A basic principle to be used in implementing these procedures is that the student disciplinary process should be developmental, rather than merely punitive, in nature.
Any student is subject to these rules, independent of any other status the individual may have with the university. Any action taken against a student under these rules shall be independent of other actions taken by virtue of another relationship with the university in addition to that of student.
Washburn University distinguishes its responsibility for student conduct from the controls imposed by the larger community beyond the university, and of which the university is a part. The university does not have the responsibilities of a parent for the conduct of students, and is not responsible for conduct of students off campus. However, when the off campus behavior of students can be reasonably expected to adversely affect the safety and security of persons on campus or the orderliness of the university educational process, the university must implement the procedures provided for in this Code. When students are charged with violations of laws of the nation or state, or ordinances of the county or city, the university will neither request nor agree to special consideration for students because of their status as students, but the university will cooperate with law enforcement agencies, courts, and any other agencies in programs for rehabilitation of students.
Washburn University reserves the right to impose the provisions of this policy and apply further sanctions before or after law enforcement agencies, courts, and other agencies have imposed penalties or otherwise disposed of a case.
When used in this document:
1. "Student" shall mean a person enrolled at the university either full or part-time, pursuing undergraduate or graduate studies, or a person accepted for admission or readmission to the university.
2. "University community" shall include the employees and students of Washburn University and all property and equipment of the university.
3. "Unreleased test" shall mean a test not authorized by its creator for any use other than the actual testing of students.
4. "Sex offense" for purposes of this policy and compliance with the Campus Security Act of 1990 as amended, means the offenses described in Article 35, Chapter 21 of the Kansas Statutes Annotated (K.S.A. 21-3501 et seq.) and include rape, indecent liberties with a child, criminal sodomy, adultery, lewd and lascivious behavior, enticement of a child, indecent solicitation of a child, prostitution, promoting prostitution, patronizing a prostitute, sexual exploitation of a child, sexual battery and promoting sexual performance by a minor.
5. "Sexual assault" for purposes of this policy and compliance with the Campus Security Act of 1990 as amended, means one of the following "sex offenses": Rape (K.S.A. 21-3502), Indecent liberties with a child or aggravated indecent liberties with a child (K.S.A. 21-3503 & 21-3504), criminal sodomy or aggravated criminal sodomy (K.S.A. 21-3505 & 21-3506), sexual exploitation of a child (K.S.A. 21-3516) and sexual battery or aggravated sexual battery (K.S.A. 21-3517 & 21-3518).
II. Proscribed Behavior
A student shall be subject to disciplinary action or sanction upon violation of any of the following conduct proscriptions:
l. Disruption and disorderly conduct which interferes with the rights and opportunities of other students to pursue their academic studies.
2. Academic dishonesty in all its forms including, but without being limited to:
(a) Cheating on tests.
(b) Copying from another student's test paper.
(c) Using materials during a test not authorized by the person giving the test.
(d) Collaboration with any other person during a test without authority.
(e) Attempting to obtain, or knowingly obtaining, using, buying, selling, transporting or soliciting in whole or in part the contents of an unreleased test or information about an unreleased test.
(f) Bribing any other person to obtain an unreleased test or information about an unreleased test.
(g) Substituting for another student or permitting any other person to substitute for oneself to take a test.
(h) "Plagiarism" which shall mean the appropriation of any other person's work and the unacknowledged incorporation of that work in one's own work offered for credit.
(i) "Collusion" which shall mean the unauthorized collaboration with any other person in preparing work offered for credit.
3. Filing a formal complaint with the Coordinator of Student Discipline with the intention of falsely accusing another with having violated a provision of this code.
4. Furnishing false information to the Coordinator or the Disciplinary Appeal Board with the intent to deceive, the intimidation of witnesses, the destruction of evidence with the intent to deny its presentation to the Coordinator or the Disciplinary Appeal Board, the willful failure to appear before the Coordinator or the Disciplinary Appeal Board, when properly notified to appear.
5. Intentionally setting off a fire alarm or reporting a fire or other emergency or tampering with fire or emergency equipment except when done with the reasonable belief in the existence of a need to do so.
6. Forgery, alteration, unauthorized destruction, unauthorized use, or misuse of university documents, records, or identification cards.
7. Physically abusing, harassing, or intentionally inflicting severe emotional distress upon a member of the university community on or off campus; or physically abusing, harassing or intentionally inflicting severe emotional distress upon a non-member of the university community on campus or while engaged in university activities off campus.
8. Theft or malicious destruction, intentional damage, or misuse of university property; or theft or malicious destruction, intentional damage, or misuse on campus of property of a nonmember of the university community.
9. Unauthorized seizure or occupation or unauthorized presence in any university building or facility.
10. Intentional disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other university activities or programs.
11. Intentional participation in a demonstration which is in violation of rules and regulations governing demonstrations promulgated by the university.
12. Unauthorized entry upon the property of the university or into a university facility or any portion thereof, including a computer file. Unauthorized presence in any university facility after closing hours; or unauthorized possession or unauthorized use of a key to any university facility.
13. Failure to comply with directions of university officials or law enforcement officers acting in performance of their duties or failure to identify oneself to these persons when requested to do so.
14. Possession or use on campus of any firearm, dangerous weapon or incendiary device or explosive unless such possession or use has been authorized by the university.
15. Possession, use, or distribution on campus of any controlled substance as defined by the laws of the United States or the State of Kansas except as expressly permitted by law.
16. Possession or use of alcoholic beverages on campus except as permitted under policies adopted by the Board of Regents.
17. Violation of clearly stated proscriptions in any published rule or regulation promulgated by any official campus committee or commission or council acting within the scope of its authority.
18. Violation on campus of any state or federal law or violation of any state or federal law off campus while participating in any university sponsored activity, including, but not limited to sex offenses and/or sexual assault as defined by the laws of the state of Kansas.
III. Disciplinary Sanctions
The following definitions of disciplinary terms have been established and may be the sanctions imposed by the Coordinator or by the Disciplinary Appeal Board.
l. Warning. Notice in writing that the student has violated university rules or regulations or has otherwise failed to meet the university's standard of conduct. Such warning will contain the statement that continuation or repetition of the specific conduct involved or other misconduct will normally result in one of the more serious disciplinary actions described below.
2. Disciplinary Probation. Formal action specifying the conditions under which a student may continue to be a student at the university including limitation of specified activities, movement, presence on the Washburn campus or eligibility to receive institutional financial aid. The conditions specified may be in effect for a period of time or for the duration of the student's attendance at the university.
3. Restitution. An individual student may be required to make restitution for damage or loss to university or other property and for injury to persons. Failure to make restitution will result in suspension for an indefinite period of time as set forth in subsection 4 below provided that a student may be reinstated upon payment.
4. Suspension. Dismissal from the university and from status as a student for a stated period. The notice suspending the student will state in writing the term of the suspension and any condition(s) that must be met before readmission is granted. The student so suspended must demonstrate that the conditions for readmission have been met. There is to be no refund of fees for the semester in which the action is taken.
5. Deferred Suspension. Notice of suspension from the university with the provision that the student may remain enrolled contingent on meeting a specified condition. Not meeting the contingency shall immediately invoke the suspension for the period of time and under the conditions originally imposed.
6. Expulsion. The surrender of all rights and privileges of membership in the university community and exclusion from the campus without any possibility for return.
IV. Readmission After Suspension
Any student suspended from the university under the provisions of the Student Disciplinary Code may be readmitted upon expiration of the time period specified in the document of original suspension.
If circumstances warrant reconsideration of the suspension prior to its time of expiration, the student may be readmitted following approval of a written petition submitted to the Vice President for Academic Affairs. Such petitions must state reasons which either provide new evidence concerning the situation which resulted in the suspension, or demonstrate that earlier readmission is in the best interest of the student and the university. Approval for such readmission must be given by the Vice President.
Students who have been suspended and whose suspension upon appeal is found to have been unwarranted shall be provided full opportunity to reestablish their academic and student standing to the extent possible within the abilities of
the university, including an opportunity to retake examinations or otherwise complete course offerings missed by reason of such action.
V. Initiation, Investigation, and Disposition of Complaints
The following rules will govern the processing of alleged violations of the proscribed conduct listed in the Student Disciplinary Code.
l. A complaint alleging misconduct against any student at the university may be filed by anyone at the office of the Coordinator. Students, faculty members, administrators and other employees of the university shall have concurrent authority to request the commencement of the disciplinary proceedings provided for in this chapter. A person filing a complaint shall be complainant of record.
(a) When a sex offense is alleged: any person who is the victim of, or has knowledge of, an alleged sex offense occurring on the University's campus, as defined by the Campus Security Act of 1990, may notify the University's Police/Security personnel who shall contact the alleged victim(s) to determine (1) whether the victim wishes to pursue disciplinary action available to him or her under the University's Student Disciplinary Code or other University policy; and/or (2) to report the alleged incident to the City of Topeka Police Department. In the event the victim of the alleged offense wishes to file a complaint with the City of Topeka Police Department, the University's Police/Security personnel shall render such assistance as is possible give the circumstance surrounding the alleged incident. NOTICE - Anyone who is a victim of an alleged sex offense should take steps to preserve any and all physical evidence relating to the alleged incident.
2. Any student charged in a complaint shall receive oral or written notification from the Coordinator. Such notice shall:
(a) Inform the student that a complaint has been filed alleging that the student violated specific provisions of the Student Disciplinary Code and the date of the violation(s); and
(b) Set forth those provisions allegedly violated; and
© Giving the student not less than 48 hours to prepare for the meeting, specify a time and date when the student is required to meet with the Coordinator; and
(d) Inform the student that failure to appear at the appointed time at the Coordinator's office may subject the student to suspension from the university.
3. When the Coordinator meets with the student, the Coordinator shall:
(a) Provide the student a copy of the Student Disciplinary Code;
(b) Review the facts of the alleged violation with the student; and
(c) Conduct an investigation into the alleged violation.
4. Upon completion of the review with the student and/or the investigation, the Coordinator may:
(a) Drop the charges, when they appear to be invalid or without substance or capricious;
(b) Issue a verbal warning;
(c) Apply any of the sanctions as outlined in Section III above, if such sanction is warranted by the evidence;
(d) Present the case to the Disciplinary Hearing Board; or
(e) Invoke the summary suspension procedure as outlined in Section VIII, below, when deemed appropriate.
5. The Coordinator shall inform the student that the Coordinator's sanction may be appealed if the student disagrees with the Coordinator's actions the student may seek a referral of the matter to the Disciplinary Appeal Hearing Board, and that if an appeal is made a referral is sought, the Coordinator shall take no action nor make any determination, except for summary suspension, in the matter other than to inform the student of the time, date, and location of the hearing by the Disciplinary Appeal Hearing Board.
VI. Disciplinary Appeal Hearing Board
The Disciplinary Appeal Hearing Board shall be the principal campus-wide judicial body with jurisdiction over all students, whether graduate or undergraduate (except law students charged with violations of the Law School Honor Code), and student organizations and with authority to hear all charges of misconduct brought under this Disciplinary Code. It has authority to impose the sanctions described in Section III. The Office of Residential Living and School of Law have elected to establish has established subsidiary separate disciplinary procedures over which the Disciplinary Appeal Hearing Board will have appellate has no jurisdiction. An appeal of the Coordinator's decision of a disciplinary action within Residential Living or the School of Law A student seeking a referral of a disciplinary matter to the Disciplinary Hearing Board must be made request a referral orally or in writing within three working days from the time the student is first notified of the Coordinator's findings, whether such notification be orally or in writing. The appeal must be filed request for referral must be filed with the Vice President for Academic Affairs. Failure to file such an appeal a request within the required time period will constitute and be construed as full acceptance by all parties of the findings.
The Board shall consist of the Vice President for Academic Affairs, two faculty members appointed by the Vice President for Academic Affairs, and two students appointed by the Washburn Student Association. The Vice President shall serve as Chair, having no vote except in the case of a tie. Term of appointment will be one year, and members may be reappointed for a maximum of three years of continuous service.
VII. Procedures for Hearing Before the Disciplinary Appeal Hearing Board
l. When a case is presented or referred to the Disciplinary Appeal Hearing Board the Coordinator shall forward to the Board:
(a) A statement describing the alleged misconduct;
(b) The name and address of the complainant;
(c) The name and address of the student charged; and
(d) All relevant facts and statements.
2. The Vice President shall arrange for a hearing in the following manner:
(a) The Vice President shall determine the time and place of the hearing, which shall be at least three days after delivery of written notice of the hearing to the student. Time and place shall be set to make the least inconvenience for all interested parties.
(b) No case shall be heard unless the full membership of the hearing board is present.
(c) All cases will be heard de novo.
(dc) Under the provisions of the Campus Security Action of 1990 as amended, it is the policy of the University that both the accuser and the accused are entitled to have others present at any stage during the disciplinary proceeding involving any case of alleged sexual assault. However, the right to have others present at any stage during the disciplinary proceeding is limited to having the other serve in an advisory capacity to the accused or the accuser. Sanctions which may be imposed by the University include, but are not limited to, expulsion, suspension or probation.
3. The Vice President shall send written notice by certified mail of the hearing to the student's last known address. The notice shall contain:
(a) A statement of the date, time, place and nature of the hearing;
(b) To the extent known, a list of witnesses who will appear; and,
(c) A summary description of any documentary or other evidence that would be presented by the university.
4. The student shall have all authority possessed by the University to obtain relevant information he/she specifically describes in writing and requests of the Vice President no later than two days prior to the hearing or to request the presence of witnesses, or the production of other evidence relevant to the hearing. However, the university will not be liable for information requested by the student or the presence of any witnesses when circumstances beyond the control of the Vice President prevent the obtaining of such information or the attending of such witnesses at the hearing.
5. Hearings will be held in closed session unless the Appeal Board determines there is a compelling reason for the hearing to b e open, or the student requests an open hearing. A closed hearing shall include only members of the Appeal board, persons directly involved in the hearing and persons called as witnesses.
6. The hearing shall be audio taped recorded and the tape shall be on file at the office of the Vice president for a period of three years.
7. The university shall be represented by the Coordinator of Student Discipline who shall present the university's case against the student.
8. The student may be accompanied by counsel, or another third party, who may offer advice but who may not question witness. If the student utilizes an attorney as advisor, the student must give the Coordinator two days notice of intent to do so. If the student elects to be advised by an attorney, the coordinator may elect to have the university advised by the University Attorney.
9. The Vice President shall ensure that:
(a) the hearing is held in an orderly manner giving full care that the rights of all parties to a full, fair and impartial hearing are maintained.
(b) The charges and supporting evidence or testimony shall be presented first, and that there is full opportunity for the accused student to challenge the testimony and /or evidence, and to cross examine appropriately.
(c) The student charged shall next present evidence or testimony to refute the charge, and that there is full opportunity for the accuser to challenge testimony and/or evidence, and to cross examine properly.
(d) Only those materials and matter presented at the hearing will be considered as evidence. The vice President shall exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.
10. Any person disruptive of the hearing may be excluded from the process by the vice President, using such means as are necessary to ensure an orderly process. Any student engaging in such interference shall be contempt and may be summarily suspended from the University by the Disciplinary Appeal Board of the Coordinator of Student Discipline. Such student shall be subject to a suspension or a lesser sanction as may be determined by the Disciplinary Appeal Board or the Coordinator at the time the interference takes place or within three working days thereafter.
11. The student has a right to a fair and impartial hearing, but the student's failure to cooperate with or attend a hearing procedure shall not preclude the Appeal Board from making its finding of facts, conclusions, and recommendations. Failure by the student to cooperate may be taken into consideration by the Disciplinary Appeal Board in deciding the appropriate disciplinary action.
12. Upon conclusion of the hearing, the Appeal Board in closed session shall consider all the evidence presented and decide by majority vote to exonerate the student or to impose one of the sanctions authorized by this document.
13. The student shall be provided with a copy of the board's findings of fact and conclusions regarding whether the student did violate any rule or rules of the Student Disciplinary code and the Board's decision as to the appropriate sanction to be imposed. This shall be sent by certified mail to the address provided by the student.
As provided by the Campus Security Act of 1990 as amended, both the accuser and the accused shall be informed of the outcome of any campus disciplinary proceeding brought alleging a sexual assault.
14. if a student charged with misconduct under this code has been charged with a crime for the same act or closely related acts by federal, state, or local authorities, or if it appears that such criminal charge is under consideration, the Vice President may postpone action on the complaint until there has been a disposition of the criminal charge or of the consideration of filing such charge. However, prior to action by other agencies, the Board may proceed to hear and decide the case if in the judgment of the Vice President, the nature of the alleged misconduct and the circumstances surrounding it pose a serious risk to the health or well being of the student or other members of the university. If there is a determination by the Board and if the subsequent criminal proceedings result in a judgment of acquittal, the student may petition the Vice President for a rehearing.
VIII. Summary Suspension Proceedings
The Coordinator may summarily suspend any student from the University pending investigation, action or prosecution of charges of an alleged proscribed conduct violation or violations, if the Coordinator has reason to believe that the student's physical or emotional safety and well-being or the safety and well-being of other University community members, or the protection of property requires such suspension.
1. If the Coordinator finds it necessary to exercise the authority to summarily suspend a student the Coordinator shall:
(a) Give to the student an oral or written notice of intent to determine if summary suspension is an appropriate action;
(b) Give an oral or written notice of the alleged misconduct and violation(s) to the student;
(c) Give an oral or written explanation in support of the charge(s) to the student;
(d) Give an oral or written notice of the time and place of the summary suspension hearing, which shall be within 36 hours of the delivery of notice to the student, and
(e) Give an oral or written explanation of the summary suspension which may be imposed on the student.
2. At the place and time designated for the summary suspension hearing, the Coordinator shall:
(a) Consider the evidence relating specifically to the probability of danger to the student, to others on campus, or to property;
(b) Provide the student with an opportunity to show why continued presence on the campus does not constitute a danger to the student, to others, or to property;
(c) Give immediate oral notice of his decision to be followed by written notice; and
(d) If summary suspension is warranted, summarily suspend the student for no more than 5 working days with a hearing before the Disciplinary Hearing Board of the allegations to have commenced by the end of the suspension period.
3. If a student has been instructed by the Coordinator to appear for summary suspension proceedings and then fails to appear at the time designated, the Coordinator may suspend the student from the university, and shall send written notice of suspension from the university to the student at his last address of record on file with the university.
4. During the period of summary suspension, the student shall not enter the campus of the university other than to meet with the Coordinator. However, the Coordinator may grant the student special permission for the express purpose of meeting with faculty, staff, or students in preparation for a hearing before the Disciplinary Hearing Board.
IX. Final Review
Final authority to review all matters involving discipline of students at Washburn University that have been determined either by the Disciplinary Hearing Board or the Law School Honor Code Committee is vested in the President of the University or his/her designee (hereafter President). The President's designee shall be a member of his/her executive staff and not involved in any stage of the subject matter under review. Matters determined without a hearing by the agreement of a student to accept recommended sanctions are not subject to review by the President.
1. Time Limit for Seeking Review. A student seeking review of a decision of the Disciplinary Hearing Board must file a written notice with the Office of the President within five working days after the date of mailing of notification of the decision to the student. A law student seeking review of a decision by the Law School Honor Code Committee or Dean of the Law School must file a written notice with the Office of the President within five working days after the date of mailing of notification to the student by the Dean of the Law School of the sanction(s) imposed by the Dean.
2. No Stay of Sanctions Pending Review. The sanctions imposed by the Disciplinary Hearing Board or the Dean of the Law School shall not be stayed pending the outcome of the President's review. In the event that the sanction imposed on the student is expulsion or suspension, the student may request that review take place on an expedited schedule.
3. Content of the Notice Seeking Review. The written notice filed by a student seeking review by the President of disciplinary action shall include the following information;
(a) the date of the decision the student wishes the President to review;
(b) whether the decision under review is by the Disciplinary Hearing Board, the Law School Honor Code Committee, or the Dean of the Law School;
(c) the sanction(s) under review; and
(d) when the sanction under review is expulsion or suspension, the student should state whether expedited review is sought.
4. Standard of Review. The President's review of decisions imposing disciplinary sanctions is limited to whether the decision and/or the sanction(s) imposed were clearly erroneous or an abuse of discretion.
5. Record on Review. In reviewing decisions imposing disciplinary sanctions the President may review the tape recordings or transcripts of oral testimony before the Disciplinary Hearing Board or Honor Code Committee when appropriate, written documents accepted into evidence by the Board or the Committee, and briefs filed by or on behalf of the student and by or on behalf of the University or the Law School. In cases in which review is sought of the sanction(s) imposed by the Dean of the Law School, the President may also review any documents submitted to and considered by the Dean in determining sanctions. The student may not supplement the record with testimony, documents, or other evidence not presented to the Board, the Committee, or the Dean of the Law School.
6. Briefing Schedule. The President may set a briefing schedule. Ordinarily the student should file a brief first, setting forth clearly and succinctly his or her reasons for believing that the decision under review is in error. Depending on whether the decision being reviewed is of the Disciplinary Hearing Board, or the Law School's Honor Code Committee or Dean, the University or the Law School should then have an opportunity to file a responsive brief. The President, in his or her discretion, may permit a reply brief by the student.
When expedited review is sought, the President shall require the student to file a brief within three working days after the student's notice seeking review was filed, and require the institution to file its responsive brief within three working days after receipt of the student's brief. The President shall make every reasonable effort to decide matters in which expedited review is sought within ten working days after the student's notice seeking review was filed.