Click here for the Regulations Governing Student Conduct, Disciplinary Proceedings and Appeals from page 59 of Purdue Calumet’s Student Handbook.
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any amendments hereto, shall take effect on a date prescribed by the Board of Trustees and shall remain in effect until rescinded or modified by the Board of Trustees.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.
“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.
* 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:
2. Institution of Disciplinary Proceedings:
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:
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.
This document produced and distributed by the Office of the Dean of Students, Lawshe Hall, Room 105, (219)989-4141, Purdue University Calumet.