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Below is a cache of http://www.life.edu/integrity/Student_Disciplinary_Procedures_pp_23-33/23-33.pdf. It's a snapshot of the page taken as our search engine crawled the Web.
The web site itself may have changed. You can check the current page or check for previous versions at the Internet Archive. Yahoo! is not affiliated with the authors of this page or responsible for its content. STUDENT DISCIPLINARY PROCEDURES Student Disciplinary Procedures STUDENT DISCIPLINARY PROCEDURES Introduction
Life University recognizes the importance of protecting the rights of students who have
been accused but not yet found responsible for a violation of the Life University
Standards of Conduct Balanced against this responsibility is the right of students,
faculty and employees of Life University to continue their educational, academic and
professional endeavors free from the threat of harassment, abuse, retribution and/or
violence. Life University may take whatever measures it deems necessary in order to protect the
safety, security, and/or integrity of a complainant, a respondent, Life University, and/or
any member(s) of its community. Such measures include, but are not limited to:
involuntary removal from a course, clinic, program, activity, and/or the campus pending a
hearing; modifications to living arrangements in Life University properties; and/or
reporting incidents to law enforcement or other non-Life University agencies. The
Assistant to the Provost/Director of Student Academic Affairs, in consultation with the
appropriate faculty and/or other administrators, shall be empowered to impose any
appropriate interim measures The Assistant to the Provost/Director of Student Academic Affairs may hold informal
discussions, resolve all types of complaints and impose sanctions with the consent of all
parties involved. This process may involve the Division Chairs, Department Heads,
Deans or other Life University officials to facilitate an Informal Resolution. The Assistant to the Provost/Director of Student Academic Affairs is further empowered
to initiate formal hearings as necessary for all types of complaints. These hearings will be
held by the Conduct Review Board. The Conduct Review Board Authority | Composition | Eligibility | Hearing Procedures | Sanctions A. Authority
Conduct Review Board 17 Authority The Conduct Review Board (CRB) has the authority to conduct hearings to determine if an accused
member of the Life University student community is in violation of the Standards of Conduct, and to
impose sanctions as appropriate, up to and including expulsion from Life University. Student Disciplinary Procedures
B. Composition
The CRB shall be composed of five (5) voting members, selected by the Assistant to the Provost/Director
of Student Academic Affairs from a pool of qualified individuals, and one non-voting Chairperson. The
Assistant to the Provost/Director of Student Academic Affairs shall designate the Chairperson, excluding
him or herself. 1. When the respondent is an undergraduate student, two voting members of the CRB shall be undergraduate students. 2. When the respondent is a graduate student, two voting members of the CRB shall be graduate students. 3. Two voting members of the CRB shall be faculty members. 4. One voting member of the CRB shall be a Life University staff member. The CRB may conduct a hearing without meeting these requirements and/or with as few as three (3) voting
members, provided that both the complainant(s) and respondent(s) agree that the hearing should take place. In the event that the complainant and/or the respondent fail(s) to appear as scheduled, the Chair of the CRB
may choose to conduct or reschedule the hearing. C. Eligibility
In order to be eligible to serve on the CRB, individuals must meet the following requirements: 1. Students must be registered as full-time in good academic and disciplinary standing, and have completed at least one quarter of full-time coursework at Life University. 2. Faculty must have been employed by Life University for a minimum of one (1) academic year. At least one of the faculty members of any CRB must also have taught at least one course
within the most recent two (2) academic quarters. 3. Staff must be currently employed and must have been employed by Life University for at least one complete academic year. The Assistant to the Provost/Director of Student Academic Affairs shall be responsible for recruiting,
selecting, and training members of the CRB. It is expected that members of the CRB shall recuse
themselves from a particular hearing if there is the likelihood that their objectivity may be compromised. D. Hearing Procedures 1. The Chair shall have all participants execute a confidentiality agreement. 2. The Chair shall call the hearing to order. Conduct Review Board 18 Composition | Eligibility | Hearing Procedures 3. The Chair shall ask for identification of the parties attending the hearing for the record. Student Disciplinary Procedures 4. The Chair shall state the conditions of the hearing, including: The hearing shall be recorded and/or transcribed via court reporter. The hearing shall be closed, with participation limited to the respondent(s), the
complainant(s), and any advisor(s) and/or witness (es). Non-party witness(es) shall
be excluded from the hearing except while testifying. All statements, testimony and evidence shall be restricted to matters directly relevant
to the case, as determined by the Chair. The Chair will not be obligated to follow the
rules of evidence as applied in a court of law. Any person disrupting, interfering with or failing to abide by the rulings of the Chair
may be excused from the hearing. Advisors, if present, shall be restricted to consulting with their advisees. Advisors
may not address witnesses or the CRB unless invited to do so by the Chair. Deliberations shall be limited to the CRB. Deliberations will not be recorded. The
level of proof required to determine whether or not a respondent is responsible for
the allegations shall be by a preponderance of the evidence. The hearing and its final outcome shall be considered part of the respondents
educational record, and as such shall be kept confidential, except as provided under
federal and state law. 5. The Chair shall ask the complainant(s) and the respondent(s) at this time if there are any objections to proceeding with the hearing. The Chair shall be solely responsible for deciding
if such objections are reasonable and/or what measures should be taken to address them. 6. The Chair shall present the complaint to the CRB and state the charge(s). 7. The Chair shall read any response submitted by the respondent(s). 8. The complainant(s) shall be given the opportunity to make an opening statement. 9. The respondent(s) shall be given the opportunity to make an opening statement. 10. The complainant(s) shall be given the opportunity to present evidence and/or call witnesses. The CRB shall have the first option of questioning the complainant(s) and/or witnesses,
followed by the respondent(s), at the discretion of the Chair. 11. The respondent(s) shall be given the opportunity to present evidence and/or call witnesses. The CRB shall have the first option of questioning the respondent(s) and/or witnesses,
followed by the complainant(s), at the discretion of the Chair. 12. The complainant(s) shall be given the opportunity to make a closing statement. Conduct Review Board 19 Hearing Procedures 13. The respondent(s) shall be given the opportunity to make a closing statement. Student Disciplinary Procedures Conduct Review Board 20 Sanctions 14. The Chair shall conclude the hearing. 15. The CRB shall enter closed deliberations. All findings of fact and any determination(s) of violation(s) shall be decided by a majority vote, based on a preponderance of the evidence If the CRB determines the respondent(s) to be in violation of the Standards of Conduct, any sanction(s)
shall be decided by a majority vote.
E. Sanctions The CRB shall select at least one of the following sanctions to impose upon a respondent found in violation
the Standards of Conduct: 1. Reprimand: the respondent receives a written statement that he/she has violated the Standards of Conduct, and that further similar violations will result in stronger sanctions. 2. Disciplinary Probation: the respondent receives a written statement that he/she has violated the Standards of Conduct, and that further similar violations will result in suspension or
expulsion. The length of the probationary period is determined by the CRB. 3. Disciplinary Suspension: the respondent is informed that he/she is banned (for a minimum of one (1) academic quarter) from Life University property and participation in any Life
University activities except those specifically identified in the CRB finding. 4. Disciplinary Expulsion: the respondent is informed that he/she is permanently banned from Life University property and participation in any/all Life University activities. 5. Additional Sanctions: During the resolution process other educational sanctions, restitutions and/or restrictions may be imposed, including; Discretionary Sanctions: Denial of academic credit, exclusion from privileged or
extracurricular activities, work and/or community service assignments Clinic Suspension: Separation of the respondent from the clinic for a definite period
of time, determined by the CRB. 6. Interim Suspension: In certain circumstances, a Life University official may impose a
suspension prior to the hearing before the CRB. During an interim suspension, a student or
student organization may be denied access to Life University property, activities and/or
privileges. Interim suspension may be imposed: To ensure the safety and well being of members of the Life University community or
the preservation of Life University property. To ensure the students own physical or emotional safety and well being. To prevent the disruption of or interference with the normal operations of Life
University. To comply with any legal requirements. Student Disciplinary Procedures Disciplinary Procedures 21 Respondents RIGHTS AND RESPONSIBILITIES OF PARTICIPANTS A. Respondents Throughout his/her involvement in the disciplinary process, a respondent has the following rights and
responsibilities:
1. Fair Treatment The respondent has the right to be treated with dignity and respect by all persons involved in the disciplinary process. The respondent has the right to be considered innocent of all charges until he/she admits or is determined by the Conduct Review Board (CRB) to be in violation
of the Standards of Conduct. This right should not be construed to prevent Life
University from taking necessary interim measures. The respondent has the right to information regarding the disciplinary process and his/her role in that process. The respondent has the right to object to and/or recuse any one member of the CRB. The respondent has the responsibility to notify the Assistant to the Provost/Director of Student Academic Affairs, or the Director of Student Life, if
and when he/she feels that he/she has not received fair and equitable treatment. 2. Privacy The respondent has the right to privacy throughout the disciplinary process with respect to all uninvolved parties. The respondent has the right, upon request, to have reasonable measures taken by Life University to prevent unnecessary or unwanted contact with the
complainant(s). The respondent has the responsibility to notify the Assistant to the Provost/Director of Student Academic Affairs, or the Director of Student Life, if
and when he/she feels reasonable measures need to be taken in order to protect
these rights. Student Disciplinary Procedures Disciplinary Procedures 22 Respondents 3. Presence of an Advisor The respondent has the right to confer with an advisor of his/her choice (excluding those persons directly involved in the dispute) throughout the
disciplinary process. The advisor may be present, but may not actively
participate in the CRB hearing, and may not serve as a witness. Should the
advisor be an attorney, the respondent must notify the CRB chair at least 72
hours prior to any scheduled hearing. The Chair of the CRB will make any
necessary notifications. The respondent has the responsibility to notify the advisor of the time, date, and location of any disciplinary proceeding. Proceedings will not be rescheduled to
accommodate an advisor. 4. Written Notice The respondent has the right to timely and proper notification (via e-mail, telephone or personal contact) of any interview to be conducted with him/her as
part of an inquiry. This notice shall include the following: 1. The time, date, and location of the interview; 2. The consequences of failure to appear at the interview; and 3. The procedures for requesting a change in the time and/or date of the
interview. The respondent has the right to proper written notification of any hearing conducted as a result of a complaint filed against him/her. This notice shall be
provided no less than 72 hours prior to the scheduled hearing, and shall include
the following: 1. The time, date, and location of the hearing; 2. The consequences of failure to appear at the hearing; 3. A written copy of the complaint, including the name(s) of the reporting party/parties and the charges being considered; 4. A list of all complainants and/or anticipated witnesses to be called by the complainant and/or Life University, except when disclosure would
cause undue risk to the witness(es); 5. A list of the members of the CRB; 6. The procedures for requesting a change in the time and/or date of the hearing. The respondent has the responsibility to ensure that Life University has been provided with accurate address and other contact information, so that
notification is not unduly delayed. Student Disciplinary Procedures Disciplinary Procedures 23 Respondents 5. Hear and Provide Testimony The respondent has the right to hear, question, and respond to all witnesses and/or information presented during a hearing. This does not include the right to
directly question the complainant and/or the complainants witnesses, although
permission to do so may be granted by the Chair of the CRB. The respondent has the right to present information and/or witnesses that he/she feels are relevant to the complaint. In the interest of time, the Chair of the CRB
may limit the number of witnesses called. Only witnesses who can testify as to
material facts may be called; the respondent may not call witnesses who can
only testify as to his/her character or the complainants character. The respondent has the right not to present evidence against him/herself. This right should not be construed to allow the respondent to consciously and/or
deliberately present false or misleading testimony. The respondent has the responsibility to attend any hearing conducted as the
result of a complaint against him/her; failure to do so will result in the forfeiture
of his/her right to appeal the decision. The respondent has the responsibility to respond to any witnesses or information at the time such evidence is presented. The CRB is not required to consider any
rebuttal made after a witness has been dismissed. The respondent has the responsibility to inform any witnesses he/she wishes to call of the time, date, and location of the hearing, and to have on hand all
evidence he/she wishes to present at the time of the hearing. 6. Written Disposition and Appeal The respondent has the right to proper written notification (within two business days of the CRBs decision) of the results of his/her disciplinary hearing. This
notice shall include the following: 1. The finding(s) of fact on each charge; 2. The sanction(s) imposed; and 3. The procedure for filing an appeal. The respondent has the right to appeal the outcome of the hearing unless this right has been waived or forfeited as allowed for elsewhere in these procedures. The respondent has the responsibility to comply with all sanctions imposed as the result of a disciplinary hearing once all appeals have been exhausted. In a
case in which interim sanctions have been imposed, they will continue in force
until all appeals have been exhausted. Student Disciplinary Procedures Disciplinary Procedures 24 Complainants
B. Complainants Throughout his/her involvement in the disciplinary process, a complainant has the following rights and
responsibilities: 1. Fair Treatment The complainant has the right to be treated with dignity and respect by all persons involved in the disciplinary process. The complainant has the right to information regarding the disciplinary process and his/her role within that process. The complainant has the right to object to and/or recuse any one member of the CRB. The complainant has the responsibility to notify the Assistant to the Provost/Director of Student Academic Affairs, or the Director of Student Life, if
and when he/she feels that he/she has not received fair and equitable treatment. 2. Privacy The complainant has the right to privacy throughout the disciplinary process with respect to all uninvolved parties. The complainant has the right to be free from intimidation and/or harassment, and the right, upon request, to have reasonable measures taken by Life
University to prevent unnecessary or unwanted contact with the respondent(s). The complainant has the responsibility to notify the Assistant to the Provost/Director of Student Academic Affairs, or the Director of Student Life, if
and when he/she feels reasonable measures need to be taken in order to protect
these rights. 3. Presence of an Advisor The complainant has the right to confer with an advisor of his/her choice
(excluding those persons directly involved in the dispute) throughout the
disciplinary process. The advisor may be present, but may not actively
participate in the CRB hearing, and may not serve as a witness. Should the
advisor be an attorney, the complainant must notify the CRB chair at least 72
hours prior to any scheduled hearing. The Chair of the CRB will make any
necessary notifications. The complainant has the responsibility to notify the advisor of the time, date, and location of any disciplinary proceeding. Proceedings will not be rescheduled to
accommodate an advisor. Student Disciplinary Procedures Disciplinary Procedures 25 Complainants 4. Written Notice The complainant has the right to proper notification (via e-mail, telephone or personal contact) of any interview to be conducted with him/her as part of an
inquiry. This notice shall include the following: 1. The time, date, and location of the interview; 2. The consequences of failure to appear at the interview; and 3. The procedures for requesting a change in the time and/or date of the
interview. The complainant has the right to proper written notification of any hearing conducted as a result of a complaint filed by him/her. This notice shall be
provided no less than 72 hours prior to the scheduled hearing, and include the
following: 1. The time, date, and location of the hearing; 2. The consequences of failure to appear at the hearing; 3. A written copy of the complaint, including the charges being considered as well as a copy of any written response made by the respondent; 4. A list of all respondents and/or anticipated witnesses to be called by the respondent(s) and/or Life University; except when disclosure would
cause undue risk to the witness(es); 5. A list of the members of the CRB; 6. The procedures for requesting a change in the time or date of the hearing. The complainant has the responsibility to ensure that Life University has been provided with accurate address and other contact information so that notification
is not unduly delayed. 5. Hear and Provide Testimony The complainant has the right to hear, question, and respond to all witnesses and/or information presented during a hearing. This does not include the right to
directly question the respondent and/or the respondents witnesses, although
permission to do so may be granted by the Chair of the CRB. The complainant has the right to present information and/or witnesses that he/she feels are relevant to the complaint. In the interest of time, the Chair of the CRB
may limit the number of witnesses called. Only witnesses who can testify as to
material facts may be called; the complainant may not call witnesses who can
only testify as to his/her character or the respondents character. Student Disciplinary Procedures Disciplinary Procedures 26 Parental Notification The complainant has the responsibility not to consciously and/or deliberately
present false or misleading testimony. The complainant has the right to provide a written impact statement to the CRB, to be considered during the sanctioning process should a finding of violation
occur. The complainant has the responsibility to attend any hearing conducted as the
result of a complaint filed by him/her; in cases of sexual and/or violent behavior
by the respondent, failure to do so will result in the forfeiture of the
complainant's right to appeal the decision. The complainant has the responsibility to respond to any witnesses or information at the time such evidence is presented. The CRB is not required to
consider any rebuttal made after a witness has been dismissed. The complainant has the responsibility to inform any witnesses he/she wishes to
call of the time, date, and location of the hearing, and to have on hand all
evidence he/she wishes to present at the time of the hearing. 6. Written Disposition and Appeal In cases of sexual and/or violent behavior by the respondent only, the complainant has the right to proper written notification (within two business
days of the CRBs decision) of the outcome of any disciplinary hearing
convened as a result of a complaint filed by him/her. This notice shall include
the following: 1. The finding(s) of fact on each charge; 2. The procedure for filing an appeal in such cases. The complainant has the responsibility to maintain the confidentiality of the respondents disciplinary records. Failure to do so may be considered a violation
of Life Universitys Standards of Conduct and/or federal law. C. Parental Notification Life University considers disciplinary records to be part of a students educational
record, and as such Life University complies with all applicable privacy laws,
including but not limited to the Family Educational Rights and Privacy Act (FERPA).
Furthermore, Life Universitys primary relationship is with its students, and not with
their parents or guardians.
However, Life University recognizes that parents and/or guardians maintain an
interest in their dependant students academic status. Therefore, Life University may,
at the sole discretion of the Assistant to the Provost/Director of Student Academic
Affairs, notify the parents or guardians of any dependant student under the age of
eighteen (twenty one in cases of alcohol and/or drug violations) who receives a
sanction of probation, suspension or expulsion. Student Disciplinary Procedures Disciplinary Procedures 27 Appeals
D. Appeals
All respondents have the right to appeal any decision made by the CRB, unless this
right has been forfeited as allowed for elsewhere in these disciplinary procedures. An
appeal must be submitted in writing and must be received by the Assistant to the
Provost/Director of Student Academic Affairs within ten business days of the date of
notification of the CRBs decision. An extension to this deadline may be granted at
the sole discretion of the Assistant to the Provost/Director of Student Academic
Affairs. The Assistant to the Provost/Director of Student Academic Affairs shall then
refer the appeal to the appellate officer.
A decision on an appeal may not be rendered until the filing deadline has passed.
Appellate decisions should be rendered, and proper written notification provided to
the Assistant to the Provost/Director of Student Academic Affairs no later than ten
business days after the filing deadline. The Assistant to the Provost/Director of
Student Academic Affairs shall notify all respondents and other parties as appropriate
of the results of the appeal. 1. Appellate Officer. The appellate officer shall be the Provost or his/her designate. 2. Appeal Criteria. Appeals shall be considered only in the following circumstances: The existence of procedural errors so substantial that the respondent was denied a fair hearing; Presentation of new and significant evidence which was not reasonably available at the time of the hearing; A finding of fact by the CRB not clearly supported by the evidence presented; and/or The imposition of a sanction that is arbitrary and/or capricious. 3. Available Actions. The appellate officer is limited to taking one of the following
actions for each respondent: Affirm the finding(s) of fact and sanctions imposed by the CRB. Affirm the finding(s) of fact but modify the sanction(s) imposed. Remand the complaint for a new hearing before a new CRB. Dismiss the complaint. Under no circumstances shall the appellate officer supplant the function of the CRB; the appellate
process exists solely to review the procedures used in disciplinary proceedings, and not to re-hear a
complaint in its entirety.
The decision of the appellate officer is final.
The web site itself may have changed. You can check the current page or check for previous versions at the Internet Archive. Yahoo! is not affiliated with the authors of this page or responsible for its content. STUDENT DISCIPLINARY PROCEDURES Student Disciplinary Procedures STUDENT DISCIPLINARY PROCEDURES Introduction
Life University recognizes the importance of protecting the rights of students who have
been accused but not yet found responsible for a violation of the Life University
Standards of Conduct Balanced against this responsibility is the right of students,
faculty and employees of Life University to continue their educational, academic and
professional endeavors free from the threat of harassment, abuse, retribution and/or
violence. Life University may take whatever measures it deems necessary in order to protect the
safety, security, and/or integrity of a complainant, a respondent, Life University, and/or
any member(s) of its community. Such measures include, but are not limited to:
involuntary removal from a course, clinic, program, activity, and/or the campus pending a
hearing; modifications to living arrangements in Life University properties; and/or
reporting incidents to law enforcement or other non-Life University agencies. The
Assistant to the Provost/Director of Student Academic Affairs, in consultation with the
appropriate faculty and/or other administrators, shall be empowered to impose any
appropriate interim measures The Assistant to the Provost/Director of Student Academic Affairs may hold informal
discussions, resolve all types of complaints and impose sanctions with the consent of all
parties involved. This process may involve the Division Chairs, Department Heads,
Deans or other Life University officials to facilitate an Informal Resolution. The Assistant to the Provost/Director of Student Academic Affairs is further empowered
to initiate formal hearings as necessary for all types of complaints. These hearings will be
held by the Conduct Review Board. The Conduct Review Board Authority | Composition | Eligibility | Hearing Procedures | Sanctions A. Authority
Conduct Review Board 17 Authority The Conduct Review Board (CRB) has the authority to conduct hearings to determine if an accused
member of the Life University student community is in violation of the Standards of Conduct, and to
impose sanctions as appropriate, up to and including expulsion from Life University. Student Disciplinary Procedures
B. Composition
The CRB shall be composed of five (5) voting members, selected by the Assistant to the Provost/Director
of Student Academic Affairs from a pool of qualified individuals, and one non-voting Chairperson. The
Assistant to the Provost/Director of Student Academic Affairs shall designate the Chairperson, excluding
him or herself. 1. When the respondent is an undergraduate student, two voting members of the CRB shall be undergraduate students. 2. When the respondent is a graduate student, two voting members of the CRB shall be graduate students. 3. Two voting members of the CRB shall be faculty members. 4. One voting member of the CRB shall be a Life University staff member. The CRB may conduct a hearing without meeting these requirements and/or with as few as three (3) voting
members, provided that both the complainant(s) and respondent(s) agree that the hearing should take place. In the event that the complainant and/or the respondent fail(s) to appear as scheduled, the Chair of the CRB
may choose to conduct or reschedule the hearing. C. Eligibility
In order to be eligible to serve on the CRB, individuals must meet the following requirements: 1. Students must be registered as full-time in good academic and disciplinary standing, and have completed at least one quarter of full-time coursework at Life University. 2. Faculty must have been employed by Life University for a minimum of one (1) academic year. At least one of the faculty members of any CRB must also have taught at least one course
within the most recent two (2) academic quarters. 3. Staff must be currently employed and must have been employed by Life University for at least one complete academic year. The Assistant to the Provost/Director of Student Academic Affairs shall be responsible for recruiting,
selecting, and training members of the CRB. It is expected that members of the CRB shall recuse
themselves from a particular hearing if there is the likelihood that their objectivity may be compromised. D. Hearing Procedures 1. The Chair shall have all participants execute a confidentiality agreement. 2. The Chair shall call the hearing to order. Conduct Review Board 18 Composition | Eligibility | Hearing Procedures 3. The Chair shall ask for identification of the parties attending the hearing for the record. Student Disciplinary Procedures 4. The Chair shall state the conditions of the hearing, including: The hearing shall be recorded and/or transcribed via court reporter. The hearing shall be closed, with participation limited to the respondent(s), the
complainant(s), and any advisor(s) and/or witness (es). Non-party witness(es) shall
be excluded from the hearing except while testifying. All statements, testimony and evidence shall be restricted to matters directly relevant
to the case, as determined by the Chair. The Chair will not be obligated to follow the
rules of evidence as applied in a court of law. Any person disrupting, interfering with or failing to abide by the rulings of the Chair
may be excused from the hearing. Advisors, if present, shall be restricted to consulting with their advisees. Advisors
may not address witnesses or the CRB unless invited to do so by the Chair. Deliberations shall be limited to the CRB. Deliberations will not be recorded. The
level of proof required to determine whether or not a respondent is responsible for
the allegations shall be by a preponderance of the evidence. The hearing and its final outcome shall be considered part of the respondents
educational record, and as such shall be kept confidential, except as provided under
federal and state law. 5. The Chair shall ask the complainant(s) and the respondent(s) at this time if there are any objections to proceeding with the hearing. The Chair shall be solely responsible for deciding
if such objections are reasonable and/or what measures should be taken to address them. 6. The Chair shall present the complaint to the CRB and state the charge(s). 7. The Chair shall read any response submitted by the respondent(s). 8. The complainant(s) shall be given the opportunity to make an opening statement. 9. The respondent(s) shall be given the opportunity to make an opening statement. 10. The complainant(s) shall be given the opportunity to present evidence and/or call witnesses. The CRB shall have the first option of questioning the complainant(s) and/or witnesses,
followed by the respondent(s), at the discretion of the Chair. 11. The respondent(s) shall be given the opportunity to present evidence and/or call witnesses. The CRB shall have the first option of questioning the respondent(s) and/or witnesses,
followed by the complainant(s), at the discretion of the Chair. 12. The complainant(s) shall be given the opportunity to make a closing statement. Conduct Review Board 19 Hearing Procedures 13. The respondent(s) shall be given the opportunity to make a closing statement. Student Disciplinary Procedures Conduct Review Board 20 Sanctions 14. The Chair shall conclude the hearing. 15. The CRB shall enter closed deliberations. All findings of fact and any determination(s) of violation(s) shall be decided by a majority vote, based on a preponderance of the evidence If the CRB determines the respondent(s) to be in violation of the Standards of Conduct, any sanction(s)
shall be decided by a majority vote.
E. Sanctions The CRB shall select at least one of the following sanctions to impose upon a respondent found in violation
the Standards of Conduct: 1. Reprimand: the respondent receives a written statement that he/she has violated the Standards of Conduct, and that further similar violations will result in stronger sanctions. 2. Disciplinary Probation: the respondent receives a written statement that he/she has violated the Standards of Conduct, and that further similar violations will result in suspension or
expulsion. The length of the probationary period is determined by the CRB. 3. Disciplinary Suspension: the respondent is informed that he/she is banned (for a minimum of one (1) academic quarter) from Life University property and participation in any Life
University activities except those specifically identified in the CRB finding. 4. Disciplinary Expulsion: the respondent is informed that he/she is permanently banned from Life University property and participation in any/all Life University activities. 5. Additional Sanctions: During the resolution process other educational sanctions, restitutions and/or restrictions may be imposed, including; Discretionary Sanctions: Denial of academic credit, exclusion from privileged or
extracurricular activities, work and/or community service assignments Clinic Suspension: Separation of the respondent from the clinic for a definite period
of time, determined by the CRB. 6. Interim Suspension: In certain circumstances, a Life University official may impose a
suspension prior to the hearing before the CRB. During an interim suspension, a student or
student organization may be denied access to Life University property, activities and/or
privileges. Interim suspension may be imposed: To ensure the safety and well being of members of the Life University community or
the preservation of Life University property. To ensure the students own physical or emotional safety and well being. To prevent the disruption of or interference with the normal operations of Life
University. To comply with any legal requirements. Student Disciplinary Procedures Disciplinary Procedures 21 Respondents RIGHTS AND RESPONSIBILITIES OF PARTICIPANTS A. Respondents Throughout his/her involvement in the disciplinary process, a respondent has the following rights and
responsibilities:
1. Fair Treatment The respondent has the right to be treated with dignity and respect by all persons involved in the disciplinary process. The respondent has the right to be considered innocent of all charges until he/she admits or is determined by the Conduct Review Board (CRB) to be in violation
of the Standards of Conduct. This right should not be construed to prevent Life
University from taking necessary interim measures. The respondent has the right to information regarding the disciplinary process and his/her role in that process. The respondent has the right to object to and/or recuse any one member of the CRB. The respondent has the responsibility to notify the Assistant to the Provost/Director of Student Academic Affairs, or the Director of Student Life, if
and when he/she feels that he/she has not received fair and equitable treatment. 2. Privacy The respondent has the right to privacy throughout the disciplinary process with respect to all uninvolved parties. The respondent has the right, upon request, to have reasonable measures taken by Life University to prevent unnecessary or unwanted contact with the
complainant(s). The respondent has the responsibility to notify the Assistant to the Provost/Director of Student Academic Affairs, or the Director of Student Life, if
and when he/she feels reasonable measures need to be taken in order to protect
these rights. Student Disciplinary Procedures Disciplinary Procedures 22 Respondents 3. Presence of an Advisor The respondent has the right to confer with an advisor of his/her choice (excluding those persons directly involved in the dispute) throughout the
disciplinary process. The advisor may be present, but may not actively
participate in the CRB hearing, and may not serve as a witness. Should the
advisor be an attorney, the respondent must notify the CRB chair at least 72
hours prior to any scheduled hearing. The Chair of the CRB will make any
necessary notifications. The respondent has the responsibility to notify the advisor of the time, date, and location of any disciplinary proceeding. Proceedings will not be rescheduled to
accommodate an advisor. 4. Written Notice The respondent has the right to timely and proper notification (via e-mail, telephone or personal contact) of any interview to be conducted with him/her as
part of an inquiry. This notice shall include the following: 1. The time, date, and location of the interview; 2. The consequences of failure to appear at the interview; and 3. The procedures for requesting a change in the time and/or date of the
interview. The respondent has the right to proper written notification of any hearing conducted as a result of a complaint filed against him/her. This notice shall be
provided no less than 72 hours prior to the scheduled hearing, and shall include
the following: 1. The time, date, and location of the hearing; 2. The consequences of failure to appear at the hearing; 3. A written copy of the complaint, including the name(s) of the reporting party/parties and the charges being considered; 4. A list of all complainants and/or anticipated witnesses to be called by the complainant and/or Life University, except when disclosure would
cause undue risk to the witness(es); 5. A list of the members of the CRB; 6. The procedures for requesting a change in the time and/or date of the hearing. The respondent has the responsibility to ensure that Life University has been provided with accurate address and other contact information, so that
notification is not unduly delayed. Student Disciplinary Procedures Disciplinary Procedures 23 Respondents 5. Hear and Provide Testimony The respondent has the right to hear, question, and respond to all witnesses and/or information presented during a hearing. This does not include the right to
directly question the complainant and/or the complainants witnesses, although
permission to do so may be granted by the Chair of the CRB. The respondent has the right to present information and/or witnesses that he/she feels are relevant to the complaint. In the interest of time, the Chair of the CRB
may limit the number of witnesses called. Only witnesses who can testify as to
material facts may be called; the respondent may not call witnesses who can
only testify as to his/her character or the complainants character. The respondent has the right not to present evidence against him/herself. This right should not be construed to allow the respondent to consciously and/or
deliberately present false or misleading testimony. The respondent has the responsibility to attend any hearing conducted as the
result of a complaint against him/her; failure to do so will result in the forfeiture
of his/her right to appeal the decision. The respondent has the responsibility to respond to any witnesses or information at the time such evidence is presented. The CRB is not required to consider any
rebuttal made after a witness has been dismissed. The respondent has the responsibility to inform any witnesses he/she wishes to call of the time, date, and location of the hearing, and to have on hand all
evidence he/she wishes to present at the time of the hearing. 6. Written Disposition and Appeal The respondent has the right to proper written notification (within two business days of the CRBs decision) of the results of his/her disciplinary hearing. This
notice shall include the following: 1. The finding(s) of fact on each charge; 2. The sanction(s) imposed; and 3. The procedure for filing an appeal. The respondent has the right to appeal the outcome of the hearing unless this right has been waived or forfeited as allowed for elsewhere in these procedures. The respondent has the responsibility to comply with all sanctions imposed as the result of a disciplinary hearing once all appeals have been exhausted. In a
case in which interim sanctions have been imposed, they will continue in force
until all appeals have been exhausted. Student Disciplinary Procedures Disciplinary Procedures 24 Complainants
B. Complainants Throughout his/her involvement in the disciplinary process, a complainant has the following rights and
responsibilities: 1. Fair Treatment The complainant has the right to be treated with dignity and respect by all persons involved in the disciplinary process. The complainant has the right to information regarding the disciplinary process and his/her role within that process. The complainant has the right to object to and/or recuse any one member of the CRB. The complainant has the responsibility to notify the Assistant to the Provost/Director of Student Academic Affairs, or the Director of Student Life, if
and when he/she feels that he/she has not received fair and equitable treatment. 2. Privacy The complainant has the right to privacy throughout the disciplinary process with respect to all uninvolved parties. The complainant has the right to be free from intimidation and/or harassment, and the right, upon request, to have reasonable measures taken by Life
University to prevent unnecessary or unwanted contact with the respondent(s). The complainant has the responsibility to notify the Assistant to the Provost/Director of Student Academic Affairs, or the Director of Student Life, if
and when he/she feels reasonable measures need to be taken in order to protect
these rights. 3. Presence of an Advisor The complainant has the right to confer with an advisor of his/her choice
(excluding those persons directly involved in the dispute) throughout the
disciplinary process. The advisor may be present, but may not actively
participate in the CRB hearing, and may not serve as a witness. Should the
advisor be an attorney, the complainant must notify the CRB chair at least 72
hours prior to any scheduled hearing. The Chair of the CRB will make any
necessary notifications. The complainant has the responsibility to notify the advisor of the time, date, and location of any disciplinary proceeding. Proceedings will not be rescheduled to
accommodate an advisor. Student Disciplinary Procedures Disciplinary Procedures 25 Complainants 4. Written Notice The complainant has the right to proper notification (via e-mail, telephone or personal contact) of any interview to be conducted with him/her as part of an
inquiry. This notice shall include the following: 1. The time, date, and location of the interview; 2. The consequences of failure to appear at the interview; and 3. The procedures for requesting a change in the time and/or date of the
interview. The complainant has the right to proper written notification of any hearing conducted as a result of a complaint filed by him/her. This notice shall be
provided no less than 72 hours prior to the scheduled hearing, and include the
following: 1. The time, date, and location of the hearing; 2. The consequences of failure to appear at the hearing; 3. A written copy of the complaint, including the charges being considered as well as a copy of any written response made by the respondent; 4. A list of all respondents and/or anticipated witnesses to be called by the respondent(s) and/or Life University; except when disclosure would
cause undue risk to the witness(es); 5. A list of the members of the CRB; 6. The procedures for requesting a change in the time or date of the hearing. The complainant has the responsibility to ensure that Life University has been provided with accurate address and other contact information so that notification
is not unduly delayed. 5. Hear and Provide Testimony The complainant has the right to hear, question, and respond to all witnesses and/or information presented during a hearing. This does not include the right to
directly question the respondent and/or the respondents witnesses, although
permission to do so may be granted by the Chair of the CRB. The complainant has the right to present information and/or witnesses that he/she feels are relevant to the complaint. In the interest of time, the Chair of the CRB
may limit the number of witnesses called. Only witnesses who can testify as to
material facts may be called; the complainant may not call witnesses who can
only testify as to his/her character or the respondents character. Student Disciplinary Procedures Disciplinary Procedures 26 Parental Notification The complainant has the responsibility not to consciously and/or deliberately
present false or misleading testimony. The complainant has the right to provide a written impact statement to the CRB, to be considered during the sanctioning process should a finding of violation
occur. The complainant has the responsibility to attend any hearing conducted as the
result of a complaint filed by him/her; in cases of sexual and/or violent behavior
by the respondent, failure to do so will result in the forfeiture of the
complainant's right to appeal the decision. The complainant has the responsibility to respond to any witnesses or information at the time such evidence is presented. The CRB is not required to
consider any rebuttal made after a witness has been dismissed. The complainant has the responsibility to inform any witnesses he/she wishes to
call of the time, date, and location of the hearing, and to have on hand all
evidence he/she wishes to present at the time of the hearing. 6. Written Disposition and Appeal In cases of sexual and/or violent behavior by the respondent only, the complainant has the right to proper written notification (within two business
days of the CRBs decision) of the outcome of any disciplinary hearing
convened as a result of a complaint filed by him/her. This notice shall include
the following: 1. The finding(s) of fact on each charge; 2. The procedure for filing an appeal in such cases. The complainant has the responsibility to maintain the confidentiality of the respondents disciplinary records. Failure to do so may be considered a violation
of Life Universitys Standards of Conduct and/or federal law. C. Parental Notification Life University considers disciplinary records to be part of a students educational
record, and as such Life University complies with all applicable privacy laws,
including but not limited to the Family Educational Rights and Privacy Act (FERPA).
Furthermore, Life Universitys primary relationship is with its students, and not with
their parents or guardians.
However, Life University recognizes that parents and/or guardians maintain an
interest in their dependant students academic status. Therefore, Life University may,
at the sole discretion of the Assistant to the Provost/Director of Student Academic
Affairs, notify the parents or guardians of any dependant student under the age of
eighteen (twenty one in cases of alcohol and/or drug violations) who receives a
sanction of probation, suspension or expulsion. Student Disciplinary Procedures Disciplinary Procedures 27 Appeals
D. Appeals
All respondents have the right to appeal any decision made by the CRB, unless this
right has been forfeited as allowed for elsewhere in these disciplinary procedures. An
appeal must be submitted in writing and must be received by the Assistant to the
Provost/Director of Student Academic Affairs within ten business days of the date of
notification of the CRBs decision. An extension to this deadline may be granted at
the sole discretion of the Assistant to the Provost/Director of Student Academic
Affairs. The Assistant to the Provost/Director of Student Academic Affairs shall then
refer the appeal to the appellate officer.
A decision on an appeal may not be rendered until the filing deadline has passed.
Appellate decisions should be rendered, and proper written notification provided to
the Assistant to the Provost/Director of Student Academic Affairs no later than ten
business days after the filing deadline. The Assistant to the Provost/Director of
Student Academic Affairs shall notify all respondents and other parties as appropriate
of the results of the appeal. 1. Appellate Officer. The appellate officer shall be the Provost or his/her designate. 2. Appeal Criteria. Appeals shall be considered only in the following circumstances: The existence of procedural errors so substantial that the respondent was denied a fair hearing; Presentation of new and significant evidence which was not reasonably available at the time of the hearing; A finding of fact by the CRB not clearly supported by the evidence presented; and/or The imposition of a sanction that is arbitrary and/or capricious. 3. Available Actions. The appellate officer is limited to taking one of the following
actions for each respondent: Affirm the finding(s) of fact and sanctions imposed by the CRB. Affirm the finding(s) of fact but modify the sanction(s) imposed. Remand the complaint for a new hearing before a new CRB. Dismiss the complaint. Under no circumstances shall the appellate officer supplant the function of the CRB; the appellate
process exists solely to review the procedures used in disciplinary proceedings, and not to re-hear a
complaint in its entirety.
The decision of the appellate officer is final.
