Dean of Students

Regulations Governing Student Conduct, Disciplinary Proceedings and Appeals

A. Authority, Application, Amendment

1. Authority: These regulations are enacted pursuant to the authority conferred by the laws of the State of Indiana upon the Board of Trustees of Purdue University to do all acts necessary and expedient to put and keep Purdue University in operation and to make all rules and regulations required or proper to conduct and manage Purdue University, and pursuant to the mandate and authority of Chapter 273, and Chapter 444 of the Acts of the Indiana General Assembly for the year 1969.

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) and shall be deemed a part of the terms and conditions of the admission and enrollment of all students. In case of any conflicts or inconsistencies with any other rules, regulations, directives, or policies now existing, these regulations shall govern. They shall be enforced by the President of the University.

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any amendments hereto, shall take effect on a date prescribed by the Board of Trustees and shall remain in effect until rescinded or modified by the Board of Trustees. Amendments may be proposed at any time by the Student Government Association, Council of Faculty Delegates, administrative staff, or by the Board of Trustees.

4. Adaptation for Regional Campuses: The administrative dean for regional campuses is 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 of the University.

5. Definitions:

“University activity” means any teaching, research administrative, disciplinary function, proceedings, ceremony, or activity conducted by or under the authority of the University. “University property” means property owned, controlled, used, or occupied by the University.”Office of the Dean of Students (ODOS)” means the Dean of Students and any associate, assistant, or other person authorized to act for that person. “Administrative Action” means the issuance of an oral or written warning, admonition, reprimand, and/or use of counseling procedures.

“Disciplinary Penalty” means expulsion, suspension, probated suspension, disciplinary probation, and other educationally sound sanctions.

“Educationally sound sanctions” means sanctions other than disciplinary probation, suspension, probated suspension, or expulsion and may include the following: restitution–monetary payment for damages and/or theft committed in violation of Section B-2-e; work assignment–assignment of duties to correct destructive acts or behavior. Educationally sound sanctions may be proposed in combination with other disciplinary actions.

“Obstruction or disruption of a University activity” means any unlawful or objectionable acts or conduct (1) which seriously threaten the ability of the University to maintain its facilities available for performance of its educational activities, or (2) which are in violation of the reasonable rules and standards of the University designed to protect the academic community from unlawful conduct, or (3) which 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 of force or violence on or within any buildings or grounds owned, used, occupied, or controlled by the University; using or occupying such buildings or grounds in violation 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 by 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.

“Disciplinary probation” means a probationary student status imposed for a limited time as a result of an official determination of misconduct. In the event the student is found responsible (under the procedures set forth in these regulations) of subsequent charges of misconduct committed during the period of disciplinary probation, records of such disciplinary probation shall be taken into consideration in determining the disciplinary penalty, if any, to be imposed or the administrative action, if any, to be taken because of such subsequent misconduct.

“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 penalty during the time probated suspension is in effect. If, during the period of probated suspension, the student is found responsible of 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.

“Suspension” means termination of student status from all Purdue University campuses for a limited time, generally without grades; however, in cases such as academic dishonesty, a directed grade for a particular course may be appropriate.

“Expulsion” means permanent termination of student status from all Purdue University campuses, generally without grades; however, in cases such as academic dishonesty, a directed grade for a particular course may be appropriate.

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, to conduct themselves in accordance with accepted standards of social behavior, to respect the rights of others, and to refrain from any conduct which 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 administrative actions (as defined in Section A-5). If the violation falls within one of the categories of misconduct listed in Section B-2, the student may also be subject to disciplinary penalties (as defined in Section A-5). No disciplinary penalty may be imposed except for misconduct covered by one of the categories listed in Section B-2.

2. Misconduct Subject to Disciplinary Penalties: The following actions constitute misconduct for which students may be subject to administrative action or disciplinary penalties.

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, and copying during examinations) 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 Chancellor or his/her designee may issue a disciplinary suspension warning. The minimum disciplinary penalty 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 penalty may be imposed.

d. Physical abuse of any person or conduct which threatens or endangers the health or safety of any other person, whether or not such conduct occurs on University property.

e. Theft, attempted theft, or damage of or to property of the University or of a member of the University community or campus visitor.

f. Unauthorized entry, or use, or occupancy of University facilities.

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 which is reasonably related to the orderly operation of the University; provided, however, that no disciplinary penalty shall be imposed in any such cases 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 or dangerous drugs, except as expressly permitted by law.

i. Lewd, indecent, or obscene conduct or expression on University property.

j. Failure to comply with the directions of University officials acting in the performance of their duties.

k. Any conduct which 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 which 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.***

* University Senate Document 72-18, December 15, 1972

** University Senate Document 99-9 (Revised), March 20, 2000

*** University Senate Document 99-10 (Revised), March 20, 2000

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 which do not involve conduct beyond the scope of constitutionally-protected rights of free speech and assembly are, of course, permissible. However, conduct which is otherwise improper cannot be justified merely because it occurs in the context of a demonstration. Demonstrations which 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.

5. Status During Disciplinary Proceedings: Except where summary action is taken as provided in Section C-7, the status of a student charged with misconduct shall not be affected pending the final disposition of 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 penalty may be imposed. The effective date of any disciplinary penalty shall be a date established by the final adjudicating body (the ODOS or the Campus Appeals Board). In case of suspension or expulsion, the student shall not be withdrawn any earlier than the date of the written notice of charges originated or later than the effective date established by the final adjudicating body.

6. Misconduct Subject to Other Penalties: As provided in Chapter 273 of the 1969 Acts of the Indiana General Assembly, misconduct which constitutes a violation of these rules and regulations may be sanctioned after a determination of responsible by the procedures herein provided without regard to whether such misconduct 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 Misconduct Cases

1. Disciplinary and Administrative Action Proceedings, General:

a. The procedures hereby established shall be followed in all cases in which the University institutes disciplinary proceedings or administrative action proceedings against students for violations of the rules of student conduct set forth in Section B. These procedures shall not apply to or affect the jurisdiction or procedures established by recognized student organizations, the Student Government, the Student programming Board, or student judicial bodies not or hereafter organized under the auspices of the Student Government or the Office of Student Activities.

b. 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 inclusive. The term “disciplinary proceedings” does not include administrative action proceedings.

c. Administrative action proceedings are informal investigations conducted by the ODOS with a view to possible administrative action. Administrative action may be taken by the ODOS without instituting disciplinary proceedings, and such action shall be final and not subject to further hearing or appeal. A disciplinary penalty may not be imposed without first instituting disciplinary proceedings pursuant to Section C-2. If the ODOS confers with the student in the course of administrative action proceedings, no statement made by the student during such conference shall be used against the student in any disciplinary proceedings which may thereafter be instituted.

2. Institution of Disciplinary Proceedings:

a. Disciplinary proceedings shall be instituted by the ODOS by the issuance of notice of charges.

b. 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 to the student’s address as it appears on the official records of the University. The notice shall inform the student of the rule or regulation allegedly violated, also fairly informs the student of the reported circumstances of the alleged violation, and requests the student to appear in the ODOS for a hearing on the incident. A copy of 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 dependent as defined in Section 152 of the Internal Revenue Code of 1954.

3. Failure to Respond to Charges:

If the notice of charges requests the student to appear in the ODOS, and the student fails or refuses to appear, the ODOS may, after such investigation as it may deem necessary, dismiss the charges, take administrative action, or impose a disciplinary penalty. If the ODOS takes administrative action, it shall notify the student in writing of such action, and such action shall not be subject to further hearing or appeal. If the ODOS imposes a disciplinary penalty, it shall notify the student, in writing, of such action, and the student may appeal such action to the Campus Appeals Board as provided in Section C-6. When it appears necessary to avoid undue hardship or to avoid injustice, the ODOS may extend the time to enable a student to respond to the charges.

4. Response to Charges:

a. If the student appears in response to the written notice of charges for the purpose of a hearing of the alleged violation as provided in Section C-5, the ODOS shall advise the student as fully as possible of the facts concerning the alleged charges. 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 ODOS of any witnesses or evidence supporting the student’s position. The ODOS shall also advise the student that if any new information is discovered during an investigation, subsequent to the hearing, the student will have an opportunity to respond to such information.

b. After the hearing with the student and such further investigation as the ODOS deems necessary, the ODOS shall proceed as follows:

1) If the ODOS determines that the alleged violation is not supported by the evidence, the charges will be dismissed and the student notified.

2) If the ODOS is satisfied that the violation occurred as alleged, but that no disciplinary penalty shall be imposed, the ODOS may take administrative action and notify the student. Such action by the ODOS shall be final and not subject to further hearing or appeal.

3) If the ODOS is satisfied that the violation occurred as alleged and that a disciplinary penalty should be imposed, the ODOS shall so notify the student.

5. Conduct of Hearing:

Each hearing shall be conducted before one or more members of the ODOS, and although the hearing is informal in nature; it shall provide the student certain procedural safeguards. The student shall be given the opportunity to hear the evidence against him/her, rebut statements made by witnesses, present witnesses, evidence, 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. The ODOS has the burden of proving the student responsible of the alleged violation, and the decision of the ODOS shall be based solely on information introduced at the hearing and obtained during subsequent investigations.

No person other than the student shall be present during the discussion between the ODOS and the student.

Within five days following the conclusion of the hearing and subsequent investigation, the ODOS shall notify the student, in writing, of what action it will take. The decision letter shall contain a finding of responsible or not responsible for the violation by the student and a brief statement of the reasons for the decision. Any disciplinary penalty imposed or administrative action taken is subject to the provisions of Section B-4 of this regulation and any other University rule, regulation, or directive then existing.

6. Appeal of the ODOS Decision:

The student may appeal the decision of the ODOS to the Campus Appeals Board if, and only if a University policy or a University regulation has been violated, or the student’s due process rights have been violated. An appeal may be initiated by filing a notice of appeal with the Campus Appeals Board through the ODOS or with the Chairperson of the Campus Appeals Board. Such an appeal must be filed within ten business days of the date on the letter from the ODOS containing the decision, and the appeal must be personally signed by the student. The ODOS will provide the Campus Appeals Board with a copy of the notice of charges and the decision letter sent to the student. The University will be represented at the appeal hearing by the ODOS.

7. Summary Action:

Summary disciplinary action by way of temporary suspension and exclusion from University property may be taken against a student charged with misconduct without the issuance of a written notice of charges and without the procedures prescribed in Section C on the following conditions: Summary action shall be taken only by the Chancellor of Purdue Calumet or by an authorized Vice Chancellor of Purdue Calumet 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 or Vice Chancellor 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-7, the procedures provided in Section C for hearing and appeal shall be expedited so far as possible in order to shorten the period of summary action.

D. Campus Appeals Procedures

See separate publication, Campus Appeals Board Procedures, which is available in the Office of the Dean of Students, Lawshe Hall, Room 105.

Updated 5/10

This document produced and distributed by the Office of the Dean of Students, Lawshe Hall, Room 105, (219)989-4141, Purdue University Calumet.