Student Disciplinary Procedure
REGULATIONS GOVERNING STUDENT DISCIPLINE
AAMUC is committed to providing students with a high quality educational experience and a community in which we can all live and work. The conduct of the vast majority of our University students is exemplary. However, any student whose conduct does not meet our expected standards may be dealt with through the University’s Regulations Governing Student Discipline.
The following principles and procedures shall govern cases in which a student is alleged to have violated the "University Rules and Regulations" as approved by the Board of Trustees.
Procedural Due Process
Procedural due process appropriate to the specific case must be followed prior to the imposition of discipline for violation of the "University Rules and Regulations." Some elements of due process, such as timely and specific notice of charges, are almost always appropriate regardless of the gravity of the violation alleged. Other elements, such as a written transcript to the hearing or representation by a lawyer/parent(s), are only appropriate in cases where the discipline is severe (dismissal from the University and criminal charges, for example). Prior to hearing, the student shall be informed of the elements of due process to be followed in the case. Among the elements of due process that may be provided are:
- Timely and specific notice of the charges
- Right to a hearing before the Dean of Student Success
- Right to appeal the decision of the Dean of Student Success to the University Disciplinary Panel
- Right to present evidence on the student's behalf
- Right to rebut adverse testimony
- Right to a written transcript of the hearing
- Right to representation by a lawyer/parents
Other procedural safeguards may be followed as required by the circumstances.
Burden and Standard of Proof
The burden shall be on the University to show by a preponderance of the evidence that the student violated the "University Rules and Regulations".
Status of Student Pending Hearing
A student's status shall not be changed prior to hearing unless there is reasonable cause to believe that the student's status (for example, his or her continued presence in the classroom or on campus) poses a danger to other individuals, property or will disrupt the educational process. The decision to alter a student's status pending hearing will be made by the Dean of Student Success or his/her designee.
Forms of Discipline
Disciplinary action must be proportionate to the violation and, depending on the nature of the violation, may take the form of a reprimand; restrictions on activities or privileges; restitution; denial of honors, certificate or degree; probation; temporary or permanent suspension from a class orprogram; dismissal from the University; or other measures appropriate under the circumstances of the case.
Procedures for Classroom Misconduct
The following procedures shall govern cases where in violation of any rule or regulation regarding classroom conduct is alleged.
Immediate Removal from Class:
If misconduct warrants an immediate removal from the class for the remainder of the class period, the teacher may do so without a prior hearing. University Police Officers shall remove the student from the classroom upon oral request by the teacher. The teacher shall provide written certification that the student has violated "University Rules and Regulations" and has refused to leave the classroom as soon as practicable upon request.
Additional or Different Discipline:
If a teacher believes misconduct warrants additional or different discipline, the teacher may consult with the Dean of Student Success or his/her designee who may elect to:
- Take no action; or
- Change the student's status pending a meeting with the student; and
- Notify the student in a timely fashion of his/her change of status, the specific charges, and the due process to be afforded under the circumstances; and do one of the following:
- Meet with the student and contact the teacher and other appropriate persons to explore and adopt non-disciplinary solutions, including the establishment of guidelines for returning the student into class; OR
- Meet with the student and contact the teacher and other persons appropriate to the case, make a written determination of the facts, take disciplinary action if such action is warranted, and notify the student of his/her decision and the right to appeal to the University Disciplinary Panel.
Procedures for Other Misconduct
Violations of any rule or regulation, except those regarding classroom conduct may be reported to the Dean of Student Success, who may elect to:
- Take no action; OR
- Change the student's status, if appropriate, pending a meeting with the student; and Notify the student in a timely fashion of any change of his/her status, the specific charges, and the due process to be afforded under the circumstances; and do one of the following:
- Meet with the student and contact other appropriate persons to explore and adopt non-disciplinary solutions; OR
- Meet with the student and contact other persons appropriate to the case, make a written determination of the facts, take disciplinary action if such action is warranted, and notify the student of his/her decision and the right to appeal to the University Disciplinary Panel.
The student, teacher, or charging party may appeal the decision of the Dean of Student Success to the University Disciplinary Panel. Written Notice of Appeal shall be filed with the Dean of Student Success. The Notice of Appeal shall state with specificity why the Dean's decision should not stand.
Upon receipt of a timely filed Notice of Appeal, the Dean of Student Success shall schedule the appeal for hearing before the University Disciplinary Panel and notify the student of the date, time and place of the hearing and of the due process to be afforded in the appellate process. The hearing may be adjourned at the request of any party for good cause.
The University Disciplinary Panel may affirm, modify or reverse the decision of the Dean of Student Success. The decision of the University Disciplinary Panel shall be final.
University Disciplinary Panel
The University Disciplinary Panel shall be composed of a Vice President designated by the President or the Vice President's designee, an academic dean or the Dean's designee, and a faculty member appointed by the AAMUC Faculty Senate. A representative of the student committee/council and Dean of Student Success are to be present in the case but shall have no decision making capabilities.
Disciplinary action, if any, should be imposed within 30 days of the date the student receives notice of the charge(s); notice of appeal should be filed with the Dean of Student Success within 20 days of the date disciplinary action is imposed; and the final decision of the Disciplinary Panel should be made within 30 days of the date Notice of Appeal is filed with the Dean of Student Success. These timelines are intended as guidelines and may be extended by the Disciplinary Panel if the circumstances of the case justify an extension.