Regulations Governing Student Conduct, Disciplinary Proceedings, and Appeals
As adapted from Purdue University West Lafayette Regulations Governing Student Conduct, Disciplinary Proceedings and Appeals approved by the Board of Trustees of the Trustees of Purdue University, April 9, 2010(From Vice President and Treasurer Memo A-16. Board of Trustees, April 30, 1970, with revisions dated January 9 and July 10, 1975, May 31, 1997 and April 2, 1998.) for Purdue University Calumet, as approved by the President of Purdue University on September 19, 2012.
A. Authority, Application, Amendments
1. Authority. These regulations are enacted pursuant to the power and authority conferred by the laws of the state of Indiana upon the Trustees of Purdue University, including without limitation, the power to do all acts necessary and expedient to put and keep Purdue University in operation, and to make all by-laws, rules, and regulations required or proper to conduct and manage the University, as provided in Indiana Code 21-27-7-4 and 21-27-7-5, and the power and duty to do all acts and things mandated or provided for in Indiana Code 21-39-2-2, 21-39-2-3, 21-39-2-4, and 21-39-2-5.
2. Application. These regulations, as from time to time amended, shall apply to all undergraduate and graduate students of Purdue University at the West Lafayette Campus and each regional campus shall be deemed a part of the terms and conditions of the admission and enrollment of all students. In case of any conflict or inconsistencies with any other rules, regulations, directives, or policies now existing, these regulations shall govern. They shall be enforced by the President.
3. Amendments. These regulations, and any amendments hereto, shall take effect on a date prescribed by the Board of Trustees and shall remain in effect until rescinded or modified by the President. Amendments may be proposed at any times by the Purdue Student Government, University Senate, administrative staff, or by the Board of Trustees.
4. Adaption for Regional Campuses. The Chancellors are hereby authorized and directed to make and promulgate revisions of these regulations, as applied to the regional campuses, which are necessary because of the different student or faculty organizations or governments existing at the regional campuses. Such revisions shall be effective when approved by the President.
Advisor means any person selected by a student to assist him/her in disciplinary proceedings. A student has the right to be assisted by an advisor but the advisor is not permitted to speak or participate directly in any other manner during any hearing, nor may he/she appear in lieu of the student. Students are responsible for representing themselves. If a student is involved in civil or criminal proceedings arising out of the same circumstances, the student is allowed to have an attorney serve as his/her advisor, at his/her own expense, with the understanding that the attorney’s role is as an advisor rather than as an advocate. Student disciplinary proceedings will not be postponed due to the schedule and availability of an advisor.
Chancellor means the chief executive officer of the regional campuses at Calumet, Fort Wayne, and North Central.
Complainant means any person filing an allegation of suspected misconduct.
Dean of Students/Dean’s Office means the dean of students or another person authorized to act for him/her.
Disciplinary probation means a probationary student status imposed for a limited time as a result of an official determination of conduct. In the event the student is found in violation (under the procedures set forth in these regulations) of subsequent charges of conduct, records of such disciplinary probations shall be taken into consideration in determining the disciplinary sanction, if any, to be imposed or the informal action, if any, to be taken because of such subsequent conduct.
Disciplinary sanction/decision means expulsion, suspension, probated suspension, disciplinary probation, removal from a course and/or educational sanctions.
Educational sanctions means providing learning opportunities for students who violate the University’s regulations and require them to participate in reasonable and relevant educational activities that foster their personal, ethical and social development. Educational sanctions may be proposed in combination with other disciplinary actions.
Expulsion means permanent termination of student status, generally without grades; however, in cases such as academic dishonesty, a directed grade for a particular course may be appropriate.
Informal action means educating students about the behavioral standards expected of them as members of the University community and holds them accountable for inappropriate conduct. The issuance of an oral or written warning, admonition, reprimand, educational sanction and/or use of counseling procedures may result if it is alleged that a student has engaged in inappropriate behavior.
Obstruction or disruption of a University activity means any unlawful or objectionable acts or conduct (1) that seriously threaten the ability if the University to maintain its facilities available for performance of its educational activities, or (2) that are in violation of the reasonable rules and standards of the University designed to protect the academic community from unlawful conduct, or (3) that present a serious threat to person or property of the academic community. Such phrase shall include, without limitation of the foregoing general definition, the unlawful use or force of violence on or within any buildings or grounds owned, used, occupied, or controlled by the University; using or occupying any such buildings or grounds in violations of lawful rules or regulations of the University; or for the purpose or with the effect of denying or interfering with the lawful use thereof others; and injuring or harming any person or damaging or destroying the property of the University or the property of others, within such buildings and grounds.
President means the chief executive officer if the University.
Probated suspension means conditional continuation of student status for a limited and defined period of time. The student is permitted to retain student status upon the condition that the student does not further violate any subsection of Section B-2 that would normally result in a disciplinary sanction/decision during the time probated suspension is in effect. If, during the period of probated suspension, the student is found responsible for an additional violation of Section B-2 after a hearing, suspension may become immediately effective and may be extended for a longer period of time than the period of probated suspension originally assigned.
Student Conduct Office (SCO) is an administrative unit of the Office of the Dean of Students (ODOS) responsible for promoting student responsibility and encouraging honesty, integrity and respect among Purdue students through education, compliance with behavioral standards, and support of individual rights.
Summary Action means a Temporary Emergency Suspension as described in C-9.
Suspension means termination of student status for a limited time, generally without grades; however, in cases such as academic dishonestly, a directed grade for a particular course may be appropriate.
University activity is any teaching, research, service, administrative, or other function, proceeding, ceremony, program, or activity conducted by or under the authority of the University, or with which the University has any official connection, whether taking place on or off campus, including without limitation University cooperative education programs, internships, practicum, field experiences, and athletic or other intercollegiate activities.
University business day means a day when the University is open for normal business, regardless of whether classes are in session (e.g., the day preceding Thanksgiving).
University property means property owned, controlled, used, or occupied by the University.
Vice Chancellor for Student Affairs (VCSA) is the chief student affairs officer or another person authorized to act for him/her.
B. Student Conduct
1. General. Students are expected and required to abide by the laws of the state of Indiana and of the United States and the rules and regulations of Purdue University Calumet, to conduct themselves in accordance with accepted standards of social behavior, to respect the rights of others, and to refrain from any conduct that tends to obstruct the work of the University or to be injurious to the welfare of the University. A student who violates these general standards of conduct may be subject to informal actions (as defined in Section A-5). If the violation falls within one of the categories of conduct listed in Section B-2, the student may also be subject to disciplinary sanctions. No disciplinary sanction/decision may be imposed except for conduct covered by one of the categories listed in Section B-2.
2. Conduct Subject to Disciplinary Sanctions. The following actions constitute conduct for which students may be subject to informal action or disciplinary sanctions.
a. Dishonesty in connection with any University activity. Cheating, plagiarism, or knowingly furnishing false information to the University are examples of dishonesty. The commitment of the acts of cheating, lying, stealing, and deceit in any of their diverse forms (such as the use of ghost-written papers, the use of substitutes for taking examinations, the use of illegal cribs, plagiarism, copying during examinations, and copyright infringement, including but not limited to, unauthorized media downloading and unauthorized public showings of licensed media) is dishonest and must not be tolerated. Moreover, knowingly to aid and abet, directly or indirectly, other parties in committing dishonest acts is in itself dishonest.
b. Forgery, alteration, or the unauthorized use of University documents, records, or identification.
c. Obstruction or disruption of any University activity (as defined in Section A-5) or inciting, aiding or encouraging other persons to engage in such conduct. If substantial obstruction or disruption is threatened or occurs, the President, or his/her designee, may issue a disciplinary suspension warning. The minimum disciplinary sanction for violation of this subsection during the period of such warning shall be suspension for the remainder of the semester (or summer session) during which the offense occurred and for the next full academic semester and any intervening summer session thereafter. However, a more severe disciplinary sanction may be imposed.
d. Physical abuse of any person or conduct that threatens or endangers the health or safety of any other person, whether or not such conduct occurs on University property.
e. Theft or attempted theft of, or the unauthorized use or possession of, or the unauthorized exertion of control over or causing damage to property of any kind belonging to the University, a member of the University community, a campus visitor, or person or agency participating in a University activity.
f. Unauthorized entry or access to, or unauthorized use or occupancy of, any University property including without limitation lands, buildings, structures, telecommunications, computer or data processing equipment, programs, systems, or software, or other facilities or services connected with a University activity.
g. Violation of any University rule governing student organizations, or the use of University property (including the time, place, and manner of meetings or demonstrations on University property), or of any other University rule that is reasonably related to the orderly operation of the University; provided, however, that no disciplinary sanction shall be imposed in any such case unless it is shown that the accused student knew, or in the exercise of reasonable care, should have known, of the rule in question.
h. Use, possession, or distribution of narcotics, dangerous drugs, controlled substances, or prescription drugs except as expressly permitted by law.
i. Lewd, indecent, or obscene conduct or expression on University property or in connection with a University activity.
j. Failure to comply with directions of University officials acting in the performance of their duties.
k. Any conduct that substantially threatens or interferes with the maintenance of appropriate order and discipline in the operation of the University, or any conduct on University property or in connection with a University activity that invades the rights of others.
l. Violation of the University Anti-Harassment Policy.
m. The possession or use of alcoholic beverages in or on any University property, unless expressly permitted by University regulations.
n. The possession, use, or distribution of any explosives, guns, or other deadly or dangerous weapons reasonably calculated to cause bodily injury on University property or in connection with a University activity unless specifically authorized by the University.
o. Disruption of a class or laboratory to the extent that the student’s behavior impedes and/or interferes with teaching and/or learning.
3. Demonstrations. Any individual or group activity or conduct, apparently intended to call attention to the participants’ point of view on some issues, is not of itself misconduct. Demonstrations that do not involve conduct beyond the scope of constitutionally protected rights of free speech and assembly are, of course, permissible. However, conduct that is otherwise improper cannot be justified merely because it occurs in the context of a demonstration. Demonstrations that involve violations of any subsection of Section B-2 will not be permitted. A student will be charged with misconduct for any individual misconduct committed by the student in the course of a demonstration.
4. Status During Suspension or Expulsion. No diploma shall be given and no grades other than directed grades, academic credit, or degree shall be awarded any student who has been expelled or suspended from the University so long as the expulsion or suspension is in effect. The student is not permitted to attend the main Purdue University campus, regional campuses, statewide technology sites, or any other Purdue affiliated program.
5. Status During Disciplinary Proceedings. Except where summary action is taken as provided in Section C-9, the status of a student charged with misconduct shall not be affected pending the final disposition of the charges, provided, however, that no diploma shall be given and no grades, academic credit, or degree shall be awarded to a student against whom charges are pending for which a disciplinary sanction may be imposed. The effective date if any disciplinary sanction shall be a date established by the final adjudicating authority.
6. Conduct Subject to Other Penalties. As provided by Indiana Code 21-39-2-5, conduct that constitutes a violation of these rules and regulations may be sanctioned after determination of responsibility by the procedures herein provided without regard to whether such conduct also constitutes an offense under the criminal laws of any state or of the United States or whether such conduct might result in civil liability of the violator to other persons.
C. Procedures in Student Conduct Cases
1. Any individual from inside or outside the University community may file a complaint against a student suspected of violating University Regulations. The complaint shall be in writing, dated and signed by the complainant and directed to the Student Conduct Office. Complaints should be submitted as soon as possible after the event takes place, preferably no later than during the semester in which the event happened. Upon receipt of an alleged violation the student conduct officer will review the information to determine if charges are warranted and whether the allegations contained in the report if substantiated would constitute a violation of University Regulations.
a. No Violation of University Regulations: Upon reviewing a complaint of suspected misconduct, the student conduct officer may determine there has been no violation of University Regulations, and no further action will be taken on the report.
b. Possible Violation of University Regulations: If the student conduct officer determines that the complaint of suspected misconduct if substantiated would constitute a violation of University Regulations, he/she may initiate Informal Action or Disciplinary Action Proceedings.
2. Disciplinary and Informal Action Proceedings, General. The procedures hereby established shall be followed in all cases in which the University institutes disciplinary or informal action proceedings against students for violations of the rules of student conduct set forth in Section B. These procedures shall not affect additional jurisdiction or procedures established by recognized student organizations or agencies/offices authorized to act on behalf of the University (e.g., University Residencies, Recreational Sports, Student Activities and Organizations, Intercollegiate Athletics, etc.)
a. Pre-Hearing Interview. Students have the option of scheduling a pre-hearing interview with a representative of the Student Conduct Office (SCO) either before or after they receive notice of charges. In a pre-hearing interview a representative will meet with the student informally to explain the discipline process and answer questions about the procedures and possible consequences.
b. Disciplinary Proceedings. Disciplinary proceedings are those proceedings initiated by the issuance of a written notice of charges and are governed by the provisions of Section C-1 to 7. The term “disciplinary proceedings” does not include informal action proceedings.
c. Informal Action Proceedings. Investigated by the SCO with a view to possible informal action. Informal action proceedings are informal investigations conducted and documented by the SCO. Informal action may be taken by the SCO without instituting disciplinary proceedings and such action shall be final and not subject to further hearing or appeal. A disciplinary sanction/decision may not be imposed under informal action proceedings.
d. Academic Dishonesty and Honor Council Policy and Procedures. The Purdue University Calumet Senate has established an Honor Council as well as a policy and procedure to address issues of academic dishonesty. Please see the Honor Council Procedures, Senate Document 06-08, for further information.
a. When an alleged academic dishonesty occurs the instructor will notify the student of any action that will be taken (ex: failing grade on the assignment/test or a failing grade in the class). If the student who has been accused of academic dishonesty wishes to appeal the accusation they may request an Honor Council Hearing. If they do not appeal within five days of the instructor’s notice the grade will stand and it is understood that the student has accepted responsibility for the academic dishonesty.
b. In addition to assigning the failing grade the instructor may also contact the Honor Council Chair or the SCO for further disciplinary action. The Honor Council Chair and the SCO will then work together to schedule a Community Standards Board sanctioning hearing. The sanctioning hearing will not be determining responsibility but will only be to review the case, the student’s previous disciplinary record, and sanction accordingly.
c. If a student wishes to appeal the decision of the sanctioning hearing they may do so pursuant to Section C-8 of these Regulations.
3. Institution of Disciplinary Proceedings
a. Disciplinary proceedings shall be instituted by the SCO by the issuance of a written notice of charges.
b. The notice of charges (and all other written notices given to students against who disciplinary proceedings are initiated) shall be delivered by the most effective method (including electronic means) to the student’s address as it then appears on the official records of the University. The notice shall inform the student of the rule or regulation allegedly violated, fairly inform the student of the reported circumstances of the alleged violation, and request the student to appear in the SCO for a hearing on the incident. A reference to these regulations shall accompany each notice of charges. A copy of the notice of charges may be sent to the parent or guardian of the student if the student is a dependent as defined in Section 152 of the Internal Revenue Code of 1986, as amended.
c. In cases of academic dishonesty, the SCO may refer the matter to the Honor Council for an Honor Hearing under the procedures established by the Purdue University Calumet Senate. If the case is referred to the Honor Council, the notice of charges (and all other written notices given to students against whom disciplinary proceedings are initiated) shall be delivered by the most effective method (including electronic means) to the student’s address as it then appears on the official records of the University. The notice shall inform the student of the rule or regulation allegedly violated, fairly inform the student of the reported circumstances of the alleged violation, and inform the student that the case has been referred to the Honor Council. A reference to these regulations and Purdue University Calumet Senate Honor Hearing Procedures shall accompany the notice of charges. A copy of the notice of charges may be sent to the parent or guardian of the student if the student is a dependent as defined in Section 152 of the Internal Revenue Code of 1986, as amended.
4. Failure to Respond to Charges
a. If the notice of charges requests the student to appear in the SCO and the student fails or refuses to appear, the hearing officer may, after such investigation as he/she deem necessary, dismiss the charges, take informal action, or impose a disciplinary sanction/decision that may include educational sanctions. If the student fails to respond to the notice of charges or fails or refuses to attend the Honor Hearing after being notified, the SCO shall confer with the Chair of the Honor Council before taking action pursuant to this paragraph C-4 of the Regulations.
b. If the hearing officer takes informal action, he/she shall notify the student in writing of such action, and that action shall not be subject to further hearing or appeal. If the hearing officer imposes a disciplinary sanction as defined in A-5 of these regulations, he/she shall notify the student in writing of such action and the student may appeal this action to the VCSA as provided in Section C-6.
c. When it appears necessary to avoid undue hardship or to avoid injustice, the hearing officer may extend the time to enable a student to respond to the charges.
5. Response to Charges
a. If the student appears in response to the notice of charges for the purpose of a conference regarding the alleged violation as provided in Section C-5, the SCO shall advise the student as fully as possible of the facts concerning the charges and the names of witnesses then known to the SCO. The hearing officer and the student will make a determination as to whether an individual hearing or a hearing before the Purdue University Calumet Community Standards Board (CSB) should occur. However, the final determination shall be made by the hearing officer.
b. The student shall also be advised that no response is required; that any statement made by the student may be used against the student; that if the student remains silent, that silence will not be taken as an admission against the student; and that the student may advise the SCO of any witnesses or information/facts supporting the student’s position. The hearing officer shall advise the student that if any new information is discovered during an investigation subsequent to the conference or administrative hearing, the student will have an opportunity to respond to such information.
c. In cases of academic dishonesty, the Honor Council Chair shall advise the student that no response is required; that any statement made by the student may be used against the student; that if the student remains silent, that silence will not be taken as an admission against the student.
6. Procedures for Conducting Hearings
a. Each hearing shall be conducted before one or more members of the SCO, one of whom will serve as the hearing officer, and although the hearing is informal in nature, it shall provide the student certain procedural safeguards.
b. The student shall be given the opportunity to hear information regarding the alleged violation; rebut statements made by witnesses; and present witnesses or any relevant information in the student’s own behalf. The student shall also be given the opportunity to respond to any new information gathered during an investigation subsequent to the hearing. After hearing all relevant information, the SCO hearing officer has the responsibility to determine if substantial information demonstrates that it is more likely than not that the student is responsible for the alleged violations. The decision of the hearing officer shall be based solely on information introduced at the hearing and obtained during subsequent investigations. The finding shall be rendered by the original hearing officer, who shall be present for all testimony and investigations by the SCO.
c. No person other than the student, his/her advisor as defined in Section A, staff members of SCO and/or Office of the Dean of Students, and/or Housing and Residential Education (depending on the charges), shall be present during the discussion between the hearing officer and the student except by mutual agreement of both parties. In cases of sexual assault, the student’s accuser may have an advisor present during the hearing. For safety and security purposes only, a police officer from the Purdue University Calumet Police Department may be present or nearby during the hearing.
d. Within five University business days following the conclusion of the hearing and subsequent investigation, the SCO hearing officer shall notify the student in writing of what action it will take. The decision letter shall contain a finding as to the responsibility of the accused student and a brief statement of the reasons for the sanction/decision. Any disciplinary sanction imposed or informal action taken is subject to the provisions of Section B-4 and any other University rule, regulation, or directive then existing. Both the student and the student’s accuser shall be informed of the outcome of any hearing alleging a sexual assault (Clery Act).
e. After the disciplinary hearing with the student and any further investigation the hearing officer deems necessary, the SCO shall proceed as follows:
1. If the hearing officer determines that the violation alleged is not supported by the information/facts, the charges shall be dismissed and the student notified in writing.
2. If the hearing officer is satisfied that the violation occurred as alleged, but that no disciplinary sanction shall be imposed, the SCO may take informal action and notify the student in writing. Such action by the SCO shall be final and not subject to further hearing or appeal.
3. If the hearing officer is satisfied that the violation occurred as alleged and that a disciplinary sanction/decision is imposed, the SCO shall notify the student in writing. A student may appeal a disciplinary sanction as provided in Section C-8 (Appeal of the Disciplinary Decision).
f. In cases of academic dishonesty that have been referred to the Honor Council, the Honor Hearing Procedures will be followed except as modified in these Regulations. The Honor Council has the responsibility to determine if substantial information demonstrates that it is more likely than not that the student is responsible for the alleged violations. The decision shall be based solely on the information introduced at the Honor Hearing. At the conclusion of the Honor Hearing, the Chair of the Honor Council will inform the SCO of the decision. The SCO shall proceed as follows:
1. If the Honor Council determined that the violation alleged is not supported by the information/facts, the SCO shall dismiss the charges and notify the student in writing.
2. If the Honor Council determined that the violation occurred as alleged, but that no disciplinary sanction shall be imposed, the SCO may take informal action and notify the student in writing. Such action by the SCO shall be final and not subject to further hearing or appeal.
3. If the Honor Council determined that the violation occurred as alleged, and the SCO determines that a disciplinary sanction/decision should by imposed, the SCO shall notify the student in writing of the disciplinary sanction/decision. A student may appeal a disciplinary sanction/decision for academic Dishonesty as provided in Section C-8 (Appeal of the Disciplinary Action).
7. Procedures of a Purdue University Calumet Community Standards Board Hearing
Members of the Community Standards Board (CSB) hear the most serious conduct cases that may result in suspension or expulsion. Cases may also be heard if a student disputes the complaints or a conduct officer wants the CSB to hear the case, or if they are having a sanctioning hearing in response to a case of academic dishonesty where the student has accepted responsibility. The Board is composed of three members chosen from a pool of applicants representing undergraduates, graduate students, staff and faculty. Board members are trained to function as a team, are taught to ask clear, sensitive and relevant questions to determine the facts of the case, consider the facts carefully, and make recommendations for fair sanctions.
a. Each hearing shall be conducted before the members of the Purdue University Calumet Community Standards Board (CSB). The hearing is formal in nature.
b. The student shall be given the opportunity to hear information regarding the alleged violation; rebut statements made by witnesses and present witnesses, or any relevant information in the student’s own behalf. After hearing all relevant information, the CSB will deliberate and make a written recommendation to the Dean of Students regarding whether substantial information demonstrates that it is more likely than not that the student is responsible for the alleged violation, and if so, recommend sanctions to the Dean of Students. The recommendation of the Community Standards Board shall be based solely on information introduced at the hearing.
c. Community Standards Board (CSB) shall be comprised of three members: two students and one faculty or administrative staff member.
d. In instances of academic dishonesty, where the student has already accepted responsibility, the Honor Council Chair (or designee) shall serve as chair of the CSB. This is not a hearing to determine responsibility but rather to sanction accordingly.
e. A chair for each hearing is selected by the members of the CSB to preside over all CSB proceedings (except in cases where the student has already accepted responsibility for academic dishonesty, in which the chair shall be the Honor Council Chair or their designee). The chair of the hearing board shall be a voting member. All three members of the board must be present to have a board hearing.
f. The hearing shall follow a procedure similar to that of a disciplinary hearing, including the student being given the opportunity to hear the information/facts against him/her. Both the referred student and the SCO student conduct officer appear before the board to present testimony and evidence about the incident. Each may provide witnesses. Board members may direct questions to the complainant, respondent or witnesses.
g. No person other than the student, his/her advisor, or witnesses shall be present during the hearing except by mutual agreement of the CSB and the student. In cases of alleged sexual assault, the student’s accuser may have an advisor present during the hearing. For safety and security purposes only, a police officer from the Purdue University Calumet Police Department may be present during the hearing.
h. After hearing all relevant information, the CSB will deliberate and make a written recommendation to the Dean of Students regarding whether the student is responsible for the alleged violation (except in cases of academic dishonesty where the student has accepted responsibility), and if so, recommend sanctions to the Dean of Students.
i. Within five university business days following the conclusion of the hearing and any further investigation deemed necessary, the Dean of Students shall review the recommendation of the CSB, and make the determination whether substantial information demonstrates that it is more likely than not that the student is responsible for alleged violations. The Dean of Students shall notify the student of the decision. The decision letter shall contain a finding as to the responsibility of the accused student and a brief statement of the reasons for the sanction, if any. Any disciplinary sanction imposed or informal action taken is subject to the provisions of Section B-4 and any other University rule, regulation, or directive. Information regarding the appeal form and notification of appeals procedures shall be provided in the decision letter if the student is found responsible for the violations.
8. Appeal of the Disciplinary Decision
a. A student may appeal a disciplinary sanction to the Vice Chancellor for Student Affairs where
1. there is significant new information related to the case that was not available at the time of the initial hearing
2. there is evidence that the University failed to follow established policies and/or procedures
b. The appeal must be in writing, signed by the student and state the specific grounds for the appeal. The appeal must be physically received in the Office of the VCSA within five University business days of the date the decision letter was sent by whatever means the letter was sent. Disciplinary sanctions not appealed within such time are deemed final.
c. Appeals will be decided on the basis of the record of the original proceeding and the written appeals. Oral arguments are not permitted unless written evidence is provided with the appeal.
d. The VCSA shall review all material pertinent to the case. The VCSA may affirm the findings and/or sanction, decrease or increase the sanction, or remand the case to the original hearing authority, e.g., SCO, CSB, or Honor Council, for a second hearing. If a second hearing is convened, the hearing authority shall submit its final determination to the VCSA for his/her review and decision.
e. Following the appeal, a student will be notified in writing of the outcome of the case. All decisions are final.
9. Summary Action. Summary disciplinary action by way of temporary suspension and exclusion from University property may be taken against a student charged with conduct without the issuance of a notice of charges and without the procedures prescribed in Section C on the following conditions: summary action shall be taken only by the Chancellor, the VCAA or the VCSA, and only after the student shall have been given an opportunity to be heard if such procedure is practical and feasible under the circumstances. Summary action shall be taken only if the Chancellor, VCAA or VCSA is satisfied that the continued presence of the student on University property threatens harm to the student or to any other persons or to the property of the University or of others. Whenever summary action is taken under this Section (C-9), the procedures provided for in Section C for hearing and appeal shall be expedited so far as possible in order to shorten the period of summary action.
D. The Campus Appeals Board is established to hear appeals concerning decisions made by the University about student organizations, Student Supreme Court Decisions, and complaints under the Student Bill of Rights.
a. The Campus Appeals Board shall be established for each campus of the University. The Campus Appeals Board, for each hearing, shall consist of at least two undergraduate students, two faculty members, and two administrators. The Campus Appeals Board shall be drawn from a pool of up to 14 members selected in the following manner: four to six undergraduate students shall be recommended by the Purdue Student Government. The University Senate will nominate four faculty members for appointment by the Chancellor. Four administrative staff members shall be appointed by the Chancellor of Purdue University Calumet, one of whom shall be designated as chairperson of the Campus Appeals Board. This member will have voting rights only in the event of a tie. From this pool of members, the chairperson of the Campus Appeals Board shall designate the particular members as may be necessary. In exceptional circumstances, additional members may be selected, as stated above, to ease the responsibility of an unusually large number of appeals.
b. The term of office for student members shall be one year. The term of office of the faculty and administrative members shall be for two years beginning on June 1, and ending on May 31, two years later. No member shall serve more than two consecutive terms. If any appointing authority fails to make the initial appointments to the Campus Appeals board within the time specified, or if at any time the Campus Appeals Board cannot function because of the refusal of any member or members to serve, the Chancellor of Purdue University Calumet may make appointments, fill vacancies, or take such other action as he/she deems necessary to constitute a Campus Appeals Board.
c. The Campus Appeals board shall elect a vice chairperson and secretary. It shall adopt regulations governing its procedures not inconsistent with their regulations. It shall have only the jurisdiction herein granted.
2. Appeals Concerning Student Organizations. The Campus Appeals Board has jurisdiction to hear and shall hear any appeal made by a student organization that the Office of the Dean of Students refuses to recognize or against which a student organization misconduct penalty of suspension or withdrawal of recognition has been proposed by the Office of the Dean of Students. In a case of the dean’s office refusal to recognize a student organization, the Campus Appeals Board has the power to uphold or reverse the dean’s office decision. In a case of an appeal of a proposed student organization conduct sanction/decision, the Campus Appeals Board has the power:
o to affirm the finding and sanction/decision proposed
o to affirm the finding and change the sanction/decision
o to reverse the finding and dismiss the sanction/decision. In any case, the action of the Campus Appeals Board is final.
3. Complaints under Student Bill of Rights. The Campus Appeals Board shall hear complaints from students concerning actions or decisions made by the University that are claimed to violate rights established under the Bill of Student Rights. In such cases, the Campus Appeals Board shall have the power and duty to make findings and recommendations to the Chancellor.
Policy for Involuntary Withdrawal of Students
Purdue University Calumet (“PUC”) is committed to the well-being and safety of its community members and the integrity of its learning environment. Subject to PUC’s duties under the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, as amended, (and as they may be amended from time to time), a student may be asked to withdraw voluntarily or may be administratively involuntarily withdrawn from the University when, in the collective judgment of the Assistant Vice Chancellor for Campus Life and Dean of Students, and the Director of the Student Health Services Center, and the Director of Counseling Center the student represents an imminent direct threat to the health and safety of the student and/or others.
This policy and associated procedures do not take the place of disciplinary action associated with a student’s conduct that is in violation of University policies and regulations. The Assistant Vice Chancellor for Campus Life and Dean of Students shall determine whether a case should be processed under this procedure or under the Student Code of Conduct. This policy is to be invoked only in those extraordinary circumstances in which the regular disciplinary system is not appropriate and after attempts to secure a voluntary withdrawal have been exhausted.
Section 1 Definitions
Administrative Team means the Assistant Vice Chancellor for Campus Life and Dean of Students, and the Director of the Student Health Services Center, and the Director of the Counseling Center.
Assistant Vice Chancellor for Campus Life and Dean of Students (AVCCL/DOS) means the Assistant Vice Chancellor for Campus Life and Dean of Students or designee.
Conditions to re-enter or re-enroll means evidence to be presented by student to demonstrate that steps have been taken to reduce the threat, i.e., that the student no longer poses a direct threat to self and/or others. Conditions will be established on an individual, case by case basis.
Director of the Counseling Center means the Director of the Counseling Center or designee.
Director of the Student Health Services Center means the Director of the Student Health Services Center or designee.
Involuntary Withdrawal Appeals Committee (IWAC) means the committee appointed by the Chancellor to hear and decide appeals of a decision of the Administrative Team that a student should be involuntarily withdrawn from the University.
SBAT means the Student Behavior Assessment Team.
Vice Chancellor for Student Affairs (VCSA) is the chief student affairs officer or another person authorized to act for him/her.
Section 2 Grounds for Involuntary Withdrawal
A student may be involuntarily withdrawn from the University if the student engages or is likely to engage in behavior that poses an imminent, direct threat to the health and safety of the student and/or others. As used in this policy, “direct threat” means a high probability of substantial harm and not just a slightly increased, speculative or remote risk.
Section 3 Notification of Meeting
A student may be requested in writing to attend a meeting with the Administrative Team for the purpose of determining whether the student should be permitted to continue his/her enrollment. The notification letter will contain the date, time and location for the meeting, along with the reasons for the impending withdrawal, and any behavioral expectations required of the student for the orderly conduction of the meeting.
Section 4 Meeting
Parents, spouses, or appropriate persons (e.g., Crisis Team members, faculty, counselors, psychologists, etc.) may be contacted either by the student or the Administrative Team for information and may, with the consent of the student, participate in the meeting. At the meeting, the reasons for PUC’s concern regarding the student will be explained and the student will be given the opportunity to respond to those concerns.
Section 5 Written Decision
If after the meeting the Administrative Team determines that the student should be permitted to continue his/her enrollment, the student will be informed of the decision in writing. Any conditions that the student must meet in order to continue enrollment will be included in the decision letter.
If after the meeting the Administrative Team determines that the student should be required to withdraw from the University and be permitted to reenter the University only with their approval and subject to conditions set forth in the letter, the student will be informed of the decision and the reasons for the decision in writing as soon as practical under that circumstances. If the student agrees to voluntarily withdraw from the University on such conditions, regular withdrawal procedures will be followed and the student will be informed of any conditions that the student must meet in order to re-enroll or re-enter. The student may be permitted to withdraw voluntarily from the University without grades if in the judgment of the Administrative Team such action is warranted under the circumstances.
Section 6 Appeal Proceedings
If the student refuses to accept the decision of the involuntary withdrawal reached by the Administrative Team, the student shall notify the Assistant Vice Chancellor for Campus Life and Dean of Students of such refusal with three (3) days. The student may then appeal the withdrawal decision to an Involuntary Withdrawal Appeals Committee (IWAC). The Vice Chancellor for Student Affairs shall serve as the Chair of the IWAC and the Chancellor or his/her designee shall appoint a faculty member and a member of the professional/administrative staff to serve on the IWAC. Neither the faculty member nor the administrator shall be a member of the SBAT.
The student appealing the involuntary withdrawal decision should provide evidence that supports remaining enrolled as a student. This evidence should be presented to the IWAC in the student’s defense. The Administrative Team shall provide to the IWAC the full and complete documentation and disclosure of events that support the decision for involuntary withdrawal. The Vice Chancellor for Student Affairs shall set a date for the appeal hearing as soon as practical. The VCSA shall send the student a letter containing the date, time and location for the appeal meeting. The Administrative Team may attend the appeal meeting. Both the student and the Administrative Team may be represented by counsel. The IWAC may, at its discretion, authorize an independent evaluation of the student by a licensed psychologist at PUC’s expense. The IWAC shall prepare a written report containing its findings and conclusions as to whether the student engages or is likely to engage in behavior that poses an imminent, direct threat to the health and safety of the student and/or others. If the IWAC determines that the student engages or is likely to engage in behavior that poses an imminent, direct threat to the health and safety of the student and/or others, the IWAC shall uphold the decision of the Administrative Team. Copies of the report shall be furnished to the student, the Administrative Team, and the Chancellor. The decision of the IWAC is final.
Section 7 Continued Enrollment
A student who is involuntarily withdrawn under the policy may not re-enroll or be re-entered into the University for the next semester. The involuntary withdrawal shall be deemed a “University withdrawal” (“W”) on the student’s transcript. To seek re-enrollment or re-entry to the University, the student must provide evidence that the student has satisfied the conditions set forth in the letter from the Administrative Team.
This document produced and distributed by the Office of the Dean of Students, Lawshe Hall, Room 105, (219)989-4141, Purdue University Calumet.