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University of Iowa Code of Student Life, 1970-1971

Page 24

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hoc student-faculty committee was appointed to study the University judicial structure for handling student non-academic misconduct and to recommend changes therein. It is anticipated that the committee's preliminary report will be ready within a few weeks of the beginning of the fall term. The preliminary report will be submitted to the student and faculty senates and to the collegiate deans for their review and comment before the committee submits its final report to the President and the Board of Regents for approval. Until the new judicial structure is approved and implemented, student conduct matters will be heard by a temporary University hearing officer appointed by the President. The Honorable Theodore G. Garfield, former Chief Justice of the Iowa Supreme Court, is presently serving as hearing officer. The violation of student non-academic responsibilities as set forth in The University of Iowa Code of Student Life will be adjudicated by three different types of judicial agencies: (A) The Committee on Student Conduct (B) The Office of Student Affairs (C) Various student conduct committees and other non-academic boards. A. Committee on Student Conduct 1. JURISDICTION The Committee on Student Conduct will have jurisdiction over cases referred to it by various campus disciplinary agencies. It will hear all cases involving possible suspension or dismissal of the student from The University of Iowa for disciplinary reasons. All appeals of actions taken by the Office of Student Affairs (other than traffic court cases) will result in a hearing before this committee. The committee will also review appeals from lower court decisions and from the Office of Student Affairs decisions involving traffic court cases. Such a review may or may not result in a new hearing before the Committee on Student Conduct. The student party making an appeal to the Committee on Student Conduct must file a written statement of appeal with the Chairman. This statement must be filed no later than one week after the action under appeal has been taken. Such written appeals will be read by the seven member board (see A. 4.C), and they must receive an affirmative vote by three of the members before a new hearing is granted. 2. JURISDICTION AND PROCEDURES REGARDING ORGANIZATIONS Original jurisdiction of disciplinary cases involving recognized student organizations shall lie with the appropriate court governing the organization or, in cases where no such court exists, with the Office of Student Affairs. Decisions by those bodies may be appealed to the Committee on Student Conduct. Alleged violations of a nature serious enough to result in the possible withdrawal of recognition of the organization or the curtailment of activities essential to the organization's continued well being (such as the right to recruit new members) shall be referred by the lower bodies to the Committee on Student Conduct. Five votes shall be required to withdraw recognition of an organization or to curtail the performance of its essential activities. Those persons recognized as the accountable student officers of the organization (and their counsel) shall appear before the Committee on Student Conduct to hear the charges and present the organization's defense. Hereafter, in applying the reading of this document to organizations, the term "organization" (accountable student officers) may be substituted for "student" with no basic changes in meaning or procedures. 3, APPEALS Students who are parties to a case may appeal from the Committee on Student Conduct to the President of the University. Such appeals shall be submitted to the President in writing within 72 hours after receipt of the decision being appealed. 4. MEMBERSHIP (a) The Committee on Student Conduct will consist of eleven members, six of whom shall be nominated by the Faculty Senate and five of whom shall be nominated by the Student Senate for appointment by the President. (b) The Chairman shall be appointed by the President. The Chairman shall have voting rights and shall have served on the committee at least one year prior to his appointment as Chairman. The term of chairmanship shall be for one year. (c) Sitting on each case will be seven (7) member board consisting of at least three (3) faculty members (including Chairman) and three (3) students selected by the Chairman from among the committee members. (d) Both sexes must be represented on the board at each hearing. (e) Terms of committee members will ordinarily be for two years with staggered terms to allow for continuity. 5. PROCEDURE Cases to be heard by the Committee on Student Conduct will usually be brought to the committee by the Office of Student Affairs. A member of the Office of Student Affairs will have the responsibility for preparing the complaint against the student at the committee hearing. In cases involving appeals of action taken by various conduct committees, the committee concerned will have the responsibility of presenting charges and evidence against the student. Such a presentation by a committee will be conducted in consultation with the member of the Office of Student Affairs familiar with Committee on Student Conduct procedures. The student may also consult with the Office of Student Affairs before his hearing. The following regulations will govern hearings conducted by the Committee on Student Council. (a) Hearings - The Committee shall determine whether the hearing shall be closed or open to the public. The student may request an open hearing but the Committee shall decide. Only those persons directly involved with a case may attend a closed hearing: the Committee on Student Conduct, the student or organization whose case is being heard, the person or persons presenting charges, and witnesses during their testimony. Hearings shall be informal in nature and designed to place the student as much at ease as possible to facilitate communication and understanding. Cases of original jurisdiction or appeal shall be decided by a simple majority (4 votes). A separate vote will be taken to determine sanctions if the student has been found in violation. Action to suspend or dismiss a student requires five votes. (b) Record of Proceedings - A record of all hearings will be made on a tape recorder, and the Chairman will provide a secretary to keep a written digest of the proceedings. Both records will be kept by the Chairman in a locked file. Tapes of cases resulting in penalties such as suspension or dismissal shall be 24
 
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