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University of Iowa Code of Student Life, 1970-1971
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kept on file for two years; all other tapes shall be kept for six months. After the appropriate time has elapsed the content of the tapes will be erased and the tapes re-used. The written record shall be destroyed upon student's graduation or after four years. Only those persons directly involved with a case may have access to the records pertaining thereto: the Committee on Student Conduct, the student or organization (and counsel) whose case is being heard, and the person or persons presenting the charges. (c) Notice of Hearing - The Chairman of the Committee on Student Conduct or his agent shall give the student written notice of the specific charges against him, the person or persons making the charges, a list of the eleven members of the Committee on Student Conduct and the time and place of the hearing of his case. Such notification shall be made at least five (5) days before the hearing. (d) Challenge - Within twenty four hours following the receipt of notice, the student may challenge the right of any member of the Committee on Student Conduct whom he feels might be prejudicial to his case to take part in the hearing. The challenge shall be submitted to the Chairman whose responsibility it shall be to examine the reasons for the challenge and accept or reject it. (e) Appearances Before the Committee - The student may elect to appear before the Committee in person to present his defense, or he may elect not to appear. Should he elect not to appear, the hearing will be made in his absence. (f) Counsel - The student appearing before the Committee on Student Conduct may be assisted by an adviser of his choice at the hearing. (g) Testimony - The student will have the opportunity to hear and refute all testimony against him. Where witnesses present evidence against him, he will have the opportunity to hear and question these adverse witnesses. Where the evidence is presented in writing, he will have the right to see and refute such written testimony. The student may present any evidence in his own behalf, may reply to charges in his own words, and may present witnesses in his own behalf. (h) Proof - The burden of proof will rest upon those bringing the charge, and all matters upon which the decision is based must be introduced as evidence during the hearing. Formal rules of evidence will not be followed; however, improperly acquired evidence shall not be considered. (i) Student Status - The student's status at the University will not be altered pending final disciplinary action on the charges. His right to be present on the campus and to attend classes will not be suspended except for reasons relating to the well being of himself, other members of the University community or University property. (j) Notification of Decision - The decision of the Committee will be conveyed to the student as soon as possible following the hearing, and confirmed in writing within 24 hours of the hearing. When a decision results in a change in the student's University status copies of the letter of notification of decision will go to the Dean of Students, the college of student registration, the Registrar, and in the case of unmarried students who have not reached their majority, to their parent or guardian. Disclosure of decisions made by the Committee on Student Conduct shall not be made except at the request of the student. However, if the offense with which he is charged is prior matter of public record the decision may be made public. B. Office of Student Affairs 1. JURISDICTION The Office of Student Affairs has original jurisdiction in cases referred to it by a variety of agencies both on and off the campus. In addition, it can act with original jurisdiction on cases referred to it by various conduct committees. Various sanctions may be imposed by this office including that of disciplinary probation. All cases coming to the attention of the Office of Student Affairs in which suspension or dismissal from the University would be likely sanction must be referred to the Committee on Student Conduct. 2. CASE REFERRAL Cases coming to the attention of the Office of Student Affairs may be referred to the Committee on Student Conduct. 3. APPEALS Students who are parties to the case may appeal disciplinary decisions made by the Office of Student Affairs to the Committee on Student Conduct. 4. DISCIPLINARY COUNSELING The Office of Student Affairs will be responsible for the disciplinary counseling which will take place both in regard to students referred to it from various agencies and also for students who have received hearings and received various sanctions from the Committee on Student Conduct. In addition, students may be referred by lower student committees to the Office of Student Affairs for disciplinary counseling. C. Student Conduct Committee 1. JURISDICTION Student courts will be set up in most types of residence units and these courts will have jurisdiction over members of their residence units, except in those cases serious enough to result in possible probation, suspension, or dismissal. 2. CASE REFERRAL Cases may be referred from these committees to either the Office of Student Affairs or to the Committee on Student Conduct. When cases are referred from these committees to the Committee on Student Conduct, this referral may take place in consultation with a member of the Office of Student Affairs. 3. APPEALS Students who are a party to the case and appealing the actions of conduct committees at this level will appeal their cases directly to the Committee on Student Conduct as specified in Section A. 1. 4. MEMBERSHIP Membership on conduct committees at this level will be determined by the unit concerned. 5. PROCEDURES Hearing procedures will be determined by the various conduct committees and by the unit concerned Such procedures should be consistent with the basic requirements of due process; The burden of proof shall rest upon those bringing the 25
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kept on file for two years; all other tapes shall be kept for six months. After the appropriate time has elapsed the content of the tapes will be erased and the tapes re-used. The written record shall be destroyed upon student's graduation or after four years. Only those persons directly involved with a case may have access to the records pertaining thereto: the Committee on Student Conduct, the student or organization (and counsel) whose case is being heard, and the person or persons presenting the charges. (c) Notice of Hearing - The Chairman of the Committee on Student Conduct or his agent shall give the student written notice of the specific charges against him, the person or persons making the charges, a list of the eleven members of the Committee on Student Conduct and the time and place of the hearing of his case. Such notification shall be made at least five (5) days before the hearing. (d) Challenge - Within twenty four hours following the receipt of notice, the student may challenge the right of any member of the Committee on Student Conduct whom he feels might be prejudicial to his case to take part in the hearing. The challenge shall be submitted to the Chairman whose responsibility it shall be to examine the reasons for the challenge and accept or reject it. (e) Appearances Before the Committee - The student may elect to appear before the Committee in person to present his defense, or he may elect not to appear. Should he elect not to appear, the hearing will be made in his absence. (f) Counsel - The student appearing before the Committee on Student Conduct may be assisted by an adviser of his choice at the hearing. (g) Testimony - The student will have the opportunity to hear and refute all testimony against him. Where witnesses present evidence against him, he will have the opportunity to hear and question these adverse witnesses. Where the evidence is presented in writing, he will have the right to see and refute such written testimony. The student may present any evidence in his own behalf, may reply to charges in his own words, and may present witnesses in his own behalf. (h) Proof - The burden of proof will rest upon those bringing the charge, and all matters upon which the decision is based must be introduced as evidence during the hearing. Formal rules of evidence will not be followed; however, improperly acquired evidence shall not be considered. (i) Student Status - The student's status at the University will not be altered pending final disciplinary action on the charges. His right to be present on the campus and to attend classes will not be suspended except for reasons relating to the well being of himself, other members of the University community or University property. (j) Notification of Decision - The decision of the Committee will be conveyed to the student as soon as possible following the hearing, and confirmed in writing within 24 hours of the hearing. When a decision results in a change in the student's University status copies of the letter of notification of decision will go to the Dean of Students, the college of student registration, the Registrar, and in the case of unmarried students who have not reached their majority, to their parent or guardian. Disclosure of decisions made by the Committee on Student Conduct shall not be made except at the request of the student. However, if the offense with which he is charged is prior matter of public record the decision may be made public. B. Office of Student Affairs 1. JURISDICTION The Office of Student Affairs has original jurisdiction in cases referred to it by a variety of agencies both on and off the campus. In addition, it can act with original jurisdiction on cases referred to it by various conduct committees. Various sanctions may be imposed by this office including that of disciplinary probation. All cases coming to the attention of the Office of Student Affairs in which suspension or dismissal from the University would be likely sanction must be referred to the Committee on Student Conduct. 2. CASE REFERRAL Cases coming to the attention of the Office of Student Affairs may be referred to the Committee on Student Conduct. 3. APPEALS Students who are parties to the case may appeal disciplinary decisions made by the Office of Student Affairs to the Committee on Student Conduct. 4. DISCIPLINARY COUNSELING The Office of Student Affairs will be responsible for the disciplinary counseling which will take place both in regard to students referred to it from various agencies and also for students who have received hearings and received various sanctions from the Committee on Student Conduct. In addition, students may be referred by lower student committees to the Office of Student Affairs for disciplinary counseling. C. Student Conduct Committee 1. JURISDICTION Student courts will be set up in most types of residence units and these courts will have jurisdiction over members of their residence units, except in those cases serious enough to result in possible probation, suspension, or dismissal. 2. CASE REFERRAL Cases may be referred from these committees to either the Office of Student Affairs or to the Committee on Student Conduct. When cases are referred from these committees to the Committee on Student Conduct, this referral may take place in consultation with a member of the Office of Student Affairs. 3. APPEALS Students who are a party to the case and appealing the actions of conduct committees at this level will appeal their cases directly to the Committee on Student Conduct as specified in Section A. 1. 4. MEMBERSHIP Membership on conduct committees at this level will be determined by the unit concerned. 5. PROCEDURES Hearing procedures will be determined by the various conduct committees and by the unit concerned Such procedures should be consistent with the basic requirements of due process; The burden of proof shall rest upon those bringing the 25
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