Student Conduct Code

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Introduction

The purposes of the University of Hawaiʻi are to give thorough instruction, conduct research and disseminate knowledge in and of branches of advanced learning as prescribed by its Board of Regents. The University is committed to ensuring a safe, civil learning and working environment in which the dignity of every individual is respected. All members of the University community--students, faculty and staff--share responsibility for its growth and continued welfare.

Choosing to join the University community obligates each student to abide by this code of conduct. By enrolling in the University, students accept the responsibility to become fully acquainted with the University's regulations and to comply with the University's authority. The University expects students to maintain standards of personal integrity that are in harmony with the educational goals of the institution; to respects the rights, privileges, and property of others; and to observe national, state, and local laws and University regulations.

The University views the disciplinary process as a learning experience which aims to promote growth and understanding of one's responsibilities and privileges within the University environment. To this end, the disciplinary process attempts to balance an understanding and knowledge of students and their needs with the needs of the academic community. Pursuit of a college education provides an opportunity for exploration of new ideas, experimentation, self-examination, formation of new relationships, and development of ideals and direction. However, the University does not absolve students from accepting responsibility for their behavior in their pursuit of a college education. Rather, it reaffirms the principle of student freedom that is coupled with an acceptance of responsibility for one's actions and the consequences of such actions.

Definitions

A. The term "UH" encompasses any campus or site within the University of Hawaiʻi system.

B. The term "student" includes all persons taking courses at the UH, either full-time or part-time, pursuing undergraduate or graduate studies. Persons who withdraw after allegedly violating the Student Conduct Code, who are not officially enrolled for a particular term but who have continuing relationship with the UH or who have been notified of their acceptance for admission, are considered "students," as are persons who are living in UH residence halls, although not enrolled in the UH.

C. The term "faculty member" means any person hired by the UH to conduct classroom or teaching activities or who is otherwise considered by the UH to be a member of its faculty.

D. The term "UH official" includes any person employed by the UH, performing assigned administrative or professional responsibilities.

E. The term "Senior Student Affairs Officer" means the campus administrator (i.e., dean or vice chancellor or designee) who is in charge of the division of student affairs.

F. The term "member of the UH community" includes any person who is a student, faculty member, UH official or any other person employed by the UH. A person's status in a particular situation shall be determined by the Senior Student Affairs Officer.

G. The term "UH premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the UH (including adjacent streets and sidewalks).

H. The term "organization" means any group of persons who have complied with the formal requirements for UH registration.

I. The term "Student Conduct Board" means any person or persons authorized by the Senior Student Affairs Officer to determine whether a student has violated the Student Conduct Code and to recommend sanctions that may be imposed when a rules violation has been committed.

J. The term "Student Conduct Administrator" means a UH official authorized on a case-by-case basis by the Senior Student Affairs Officer to impose sanctions upon any student(s) found to have violated the Student Conduct Code. The Senior Student Affairs Officer may authorize a Student Conduct Administrator to serve simultaneously as a Student Conduct Administrator and the sole member or one of the members of the Student Conduct Board. The Senior Student Affairs Officer may authorize the same Student Conduct Administrator to impose sanctions in all cases.

K. The term "Appellate Board" means any person or persons authorized by the Senior Student Affairs Officer to consider an appeal from a Student Conduct Board's determination as to whether a student has violated the Student Conduct Code or from the sanctions imposed by the Student Conduct Administrator.

L. The term "shall" is used in the imperative sense.

M. The term "may" is used in the permissive sense.

N. The Senior Student Affairs Officer is that person designated by the UH Chancellor to be responsible for the administration of the Student Conduct Code.

O. The term "policy" means the written regulations of the UH as found in, but not limited to, its Policies and By-Laws of the Board of Regents, its Administrative Procedures, the Student Conduct Code, any residence hall handbooks, the UH web page and computer use policy, and school catalogs.

P. The term "Complainant" means any person who submits a charge alleging that a studet violated this Student Conduct Code. When a student believes that s/he has been a victim of another student's misconduct, the student who believe s/he has been a victim will have the same rights under this Student Conduct Code as are provided to the Complainant, even if another member of the UH community submitted the charge.

Q. The term "Accused Student" means any student accused of violating this Student Conduct Code.

Student Conduct Code Authority

A. This Student Conduct Code applies at all locations of the UH, including any affiliated residence hall.

B. The Student Conduct Administrator shall determine the composition of Student Conduct Boards and Appellate Boards and determine which Student Conduct Board, Student Conduct Administrator and Appellate Board shall be authorized to hear each matter.

C. The Senior Student Affairs Officer shall develop policies for the administration of the student conduct system and procedural rules for the conduct of Student Conduct Board Hearings that are not inconsistent with provisions of the Student Conduct Code.

D. Decisions made by a Student Conduct Board and/or Student Conduct Administrator shall be final, pending the appeal process.

E. At Student Conduct Board Hearings and for purposes of any appeal, the technical rules of evidence applicable to civil and criminal cases shall not apply.

Proscribed Conduct

A. Jurisdiction of the UH Student Conduct Code

The UH Student Conduct Code shall apply to conduct that occurs on UH premises, at UH sponsored activities, in distance/online courses and events, and to off-campus conduct that affects the UH community and/or the pursuit of its objectives. Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree. Conduct that occurs before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if his/her conduct is not discovered until after a degree is awarded), is subject to the Student Conduct Code. The Student Conduct Code shall apply to a student's conduct even if the student withdraws from school or a particular course while a disciplinary matter is pending. The Senior Student Affairs Officer shall decide whether the Student Conduct Code shall be applied to conduct occurring off- campus, on a case-by-case basis, at his/her sole discretion.

B. Conduct -- Rules and Regulations

The following are examples of the types of behavior that conflict with the community standards that the UH values and expects of students. Engaging in, or attempting to engage in, any of these behaviors subjects a student to the disciplinary process and sanctions of each campus.

1. Acts of dishonesty, including but not limited to the following:

a. Cheating, plagiarism, or other forms of academic dishonesty.

b. Furnishing false information to any UH official, faculty member, or office.

c. Forgery, alteration, or misuse of any UH document, record, or form of identification.

The term "cheating" includes but is not limited to: (1) use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; (3) the acquisition, without permission, of tests or other academic material belonging to a member of the UH faculty, staff or student; and (4) engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.

The term "plagiarism" includes but is not limited to the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.

2. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other UH activities, including its public service functions on or off campus, or of other authorized non-UH activities when the conduct occurs on UH premises. This includes creating noise or other disturbances on campus or in student life areas sufficient to disrupt the normal functioning of campus activities including classroom instruction.

3. Any conduct which threatens or endangers the health or safety of any person including but not limited to physical abuse, verbal abuse, threats, intimidation, harassment, coercion, and stalking.

4. Sexual advances, requests for sexual favors or other behavior of a sexual nature that is unwelcome and sufficiently severe or pervasive that it interferes with a person's academic or professional performance or creates an intimidating, hostile or offensive educational or employment environment. The behavior can be verbal, non-verbal or physical. Examples include sexual innuendo, spreading sexual rumors, sexual put-downs and jokes, remarks of a sexual nature about a person's clothing or body, offensive written notes or emails, sexual propositions, insults or threats, leering, whistling, suggestive or insulting sounds and gestures, and touching someone's body when unwelcome. The University of Hawaiʻi Executive Policy on Sexual Harassment and Related Conduct (E1.203) contains detailed information.

5. Discrimination of any person based on the UH protected classes.

6. Attempted or actual theft of and/or damage to property of the UH or property of a member of the UH community or other personal or public property, on or off campus.

7. Hazing, defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for the continued membership in a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing is not a neutral act; both are violations of this rule.

8. Failure to comply with any directions of UH officials or law enforcement officers acting in performance of their duties and/or failure to provide identification to these persons when requested to do so.

9. Unauthorized possession, duplication, or use of keys, keycards, or other security mechanisms to any UH premises or unauthorized entry to or use of UH premises.

10. Violation of any UH policy, rule, regulation, contract or agreement.

11. Violation of any federal, state or local law.

12. Use, possession, manufacture, or distribution of marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by law.

13. Use, possession, manufacture, or distribution of alcoholic beverages by any person under twenty-one (21) years of age. Public intoxication is expressly prohibited.

14. Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on UH premises or use of any such item, even if legally possessed, in a manner that harms, threatens or causes fear to others.

15. Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of the UH and/or infringes on the rights of other members of the UH community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.

16. Obstruction of the free flow of pedestrian or vehicular traffic on UH premises or at UH sponsored or supervised functions.

17. Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on UH premises or at functions sponsored by, or participated in by, the UH or members of the academic community. Disorderly conduct includes but is not limited to any unauthorized use of electronic or other devices to make an audio or video record of any person while on UH premises without his/her prior knowledge or without his/her consent, when such a recording is likely to cause injury or distress. This includes but is not limited to surreptitiously taking pictures of another person in a gym, locker room, or restroom.

18. Theft or other abuse of computer and other electronic facilities and resources, including but not limited to:

a. Unauthorized entry into a file to use, read, or change the contents or for any other purpose.

b. Unauthorized transfer of a file.

c. Use of another individual's identification and/or password.

d. Use of computing facilities and resources to interfere with the work of another student, faculty member of UH official.

e. Use of computing facilities and resources to send obscene or abusive messages.

f. Online harassment of members of the UH community.

g. Use of computing facilities and resources to interfere with normal operation of the UH computing system.

h. Use of computer facilities and resources in violation of copyright laws.

i. Any violation of any UH computer use policy.

19. Abuse of the Student Conduct Code system, including but not limited to:

a. Failure to obey a notice from a Student Conduct Board or UH official to appear for a meeting or hearing as part of the Student Conduct Code system.

b. Falsification, distortion, or misrepresentation of information before a Student Conduct Board.

c. Disruption or interference with the orderly conduct of a Student Conduct Board proceeding.

d. Attempting to discourage an individual's participation in or use of the Student Conduct Code system.

e. Attempting to influence the impartiality of a member of the Student Conduct Board prior to and/or during the course of a Student Conduct Board proceeding.

f. Harassment (verbal or physical) and/or intimidation of a member of the Student Conduct Board prior to, during, and/or after a Student Conduct Code proceeding.

g. Failure to comply with the sanction(s) imposed under the Student Conduct Code.

h. Influencing or attempting to influence another person to commit an abuse of the Student Conduct Code system.

20. Violations of residence hall regulations where the violation also involves some aspect of this Student Conduct Code may subject the student to disciplinary procedures under this Student Conduct Code.

Violation of Law and UH Discipline

1. UH disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Conduct Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Student Conduct Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Senior Student Affairs Officer. Determinations made or sanctions imposed under this Student Conduct Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.

2. When a student is charged with federal, state, or local authorities with a violation of law, the UH will not request or agree to special consideration for that individual because of his/her status as a student. If the alleged offsense is also being processed under the Student Conduct Code, the UH may advise off-campus authorities of the existence of the Student Conduct Code and of how such matters are typically handled within the UH community. The UH will cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the UH community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

Sanctions

One or more of the following sanctions may be imposed as hereinafter provided whenever a student is found to have violated any of the rules contained in this Code.

A. Warning

Written or verbal notice to the student that continuation or repetition of specified conduct may be cause for other disciplinary action. This sanction may be imposed by the Chancellor after a Student Conduct Board hearing, or it may be imposed by the Dean of Students as part of the administrative disposition of any case.

B. Probation

A written notice placing the student on disciplinary probation for a specified period of time. The terms of the probation will be decided in each case. This sanction may be imposed by the Chancellor after a Student Conduct Board hearing, or it may be imposed by the Dean of Students as part of the administrative disposition of any case. If a student, while on disciplinary probation and after a hearing, is found guilty of further violating this Code, the student will be subject to further disciplinary action.

C. Restitution

Reimbursement for damage to or misappropriation of property which may take the form of direct financial compensation, of service, or other forms of indirect compensation. This sanction may only be imposed by the Chancellor after a Student Conduct Board hearing.

D. Temporary Suspension in Emergency Situations

In an emergency, the Chancellor or designee is authorized to suspend a student prior to a hearing, provided that a hearing pursuant to these rules is conducted within a reasonable period thereafter. An emergency will include such situations as when the student poses a danger of inflicting bodily harm on himself/herself or others, of inflicting serious emotional distress on others, or creating a substantial disruption of normal campus activities, including classroom instruction. If, after a Student Conduct Board hearing, it is determined that the student did not violate the Student Conduct Code, consideration will be granted so that the student may be allowed to make up any missed academic work.

E. Suspension

Exclusion from classes and from other privileges or activities or from the campus itself, for a specified period of time. This sanction may only be imposed by the Chancellor after a Student Conduct Board hearing.

F. Expulsion

Termination of student status for an indefinite period. This sanction may only be imposed by the Chancellor after a Student Conduct Board hearing. Conditions for readmission, if any, shall be stated in the notice of expulsion. The Dean of Students will determine if the conditions for readmission have been met.

G. Rescission of Grades or Degree

The cancellation of grades or the revocation of an awarded degree as the result of academic dishonesty or the discovery of a material misrepresentation relating to the completion of course or degree requirements. This sanction may only be imposed by the Chancellor after a Student Conduct Board hearing.

Disciplinary Procedures

The following procedures are designed to afford procedural protection to any student alleged to have committed an infraction of the Student Conduct Code warranting disciplinary action. The procedures described herein shall not affect other non-disciplinary student matters. For purpose of these procedures, the term "Dean of Student Services" shall mean the Dean of Students or his/her designated representative.

Academic Dishonesty

In cases of suspected or admitted dishonesty, the instructor shall attempt to discuss the matter with the student. The instructor may bring it to the attention of the department chairperson, the student's advisor, division chairperson, and/or appropriate academic dean. Additionally, an instructor may refer such cases to the Dean of Students for action under this Code.

In cases where the student admits that an act of academic dishonesty has committed, the instructor may, within the context of the course:

  • require the student to re-do the assignment
  • give the student a failing or reduced grade for the assignment
  • give a failing or reduced grade for the course

If the student contents his/her liability, the instructor may not take action against the student but must refer the case to the Dean of Students for hearing and disposition under this Code. The Dean of Students may pursue such matters as disciplinary actions under this Code if, after a preliminary investigation, it is his/her determination that probable cause exists to establish that acts of academic dishonesty took place.

A. Pre-Disciplinary Hearing Stage

  1. Reporting infractions: Infractions of this Student Conduct Code should be reported to the Dean of Students. Reports of infractions must be submitted in writing and signed by the complainant. No matter except temporary suspensions in emergency situations will proceed without such written reports.
  2. Preliminary investigation: Upon receiving a written report that a student has allegedly committed a violation of the Student Conduct Code, the Dean of Students shall promptly initiate an investigation. Within five (5} school days of receiving a written report, the Dean of Students shall contact the student or group named in the complaint, and request that they appear before the Dean to discuss the alleged misconduct and possible charges. The student or group should be informed that they are under no obligation at any time to admit that the complaint is true or to make any other statement to any member of the University community, including the Dean of Students, relevant to the complaint. The Dean shall not promise that any statement made by the student will be held in confidence.

B. Initiation of Charges and Their Disposition

If the Dean of Students determines that there is reasonable cause to believe that the student committed the violation and in his/her judgment the initiation of formal disciplinary procedures is appropriate, the accused student or group will be notified by the Dean of Students that they have been accused of violating this Student Conduct Code. Charges may be disposed of in the following ways:

  1. Administrative disposition: The Dean of Students, after investigating the charges, shall have the authority, when accepted by the student in writing, to settle matters in lieu of proceeding with a formal disciplinary hearing. In this instance, the Dean of Students may impose only the sanctions of warning or probation. A student shall have five (5) school days within which to accept or reject in writing any proposed administrative disposition. When the settlement proposed by the Dean of Students is rejected by the student in writing, the Dean may request a hearing before the Committee. If a student fails to make any response in writing to a proposed administrative disposition within five (5) school days, it will be assumed that the student has rejected the proposed administrative disposition and the Dean of Students may refer the case to the Student Conduct Board.
  2. Student Conduct Board disposition: Failing to secure an administrative disposition of any alleged violation of this Code, the Dean of Students may refer the case to the Student Conduct Board for a hearing. The Dean of Students may also refer cases to the Student Conduct Board without first offering an administrative disposition. Moreover, any violation of this Code that may result in the imposition of the sanction of restitution, suspension, expulsion, or rescission of grades or degree, must be heard by the Student Conduct Board.

C. Student Conduct Board

The Student Conduct Board shall have jurisdiction and authority to determine cause and recommend sanctions for all cases referred to it by the Dean of Students involving behavior which is alleged to be violative of this Student Conduct Code.

  1. The Student Conduct Board shall be appointed by the Vice Chancellor for Student Affairs and consist of five (5) voting members and shall be constituted as follows:
    1. Two (2) students.
    2. Two (2) faculty members.
    3. One (1) staff member from the Division of Student Affairs or Library.
  2. The Chancellor shall designate one of the Board members to serve as the chairperson, who shall be a nonvoting member of the committee except in the case of a tie vote.
  3. Three (3) members of the Student Conduct Board shall constitute a quorum.
  4. If any member of the Board feels that his/her relationship with either the case or the individuals involved would affect his/her ability to render an impartial judgment, the Board member shall disqualify himself/herself. This does not relieve the Student Conduct Board of maintaining a quorum; thus it may be necessary to supplement the membership of the committee.
  5. When the Chairperson determines there is a need, legal assistance may be requested from the Department of the Attorney General.

Note: Student Conduct Board hearings will usually not be available during the last two weeks of each semester (study period and finals week) nor during the summer. During these periods, a hearing before a designee of the Chancellor may be conducted for students accused of violating the Student Conduct Code or special Board hearings may be arranged.

D. Disciplinary Hearing Stage

  1. Notice: A student shall be given written notice of a hearing by registered or certified mail with return receipt requested, at least fifteen (15) calendar days prior to the date of the hearing.
    1. The notice of a hearing shall include a statement of the following:
      1. The date, time, place, and nature of the hearing.
      2. Th board under which the hearing is to be held.
      3. The particular sections of this Student Conduct Code involved.
      4. An explicit statement in plain language of the issues involved and the facts alleged in support of the charges, provided that if the Board is unable to present such issues and facts in detail at the time the notice is served, initial notice may be limited to a statement of the issues involved with more detailed statements to be provided at a later date but prior to the hearing.
      5. The fact that the student is entitled to retain counselor an advisor, at his/her expense, or that the student may appear on his/her own behalf at any meeting or hearing relevant to the complaint.
      6. That the student has the right to inspect, before any hearing, any affidavits or exhibits to be introduced at the hearing.
  2. Hearing procedures: Hearings held pursuant to this Student Conduct Code shall be conducted in such a manner as to assure equity for all parties. Having determined through a preliminary investigation that there is reasonable cause to believe that the student has committed a violation of this Code, the Dean of Students or his/her representative shall present the case against the student.
    1. The student and his/her counsel and the Dean of Students or his/her representative shall be afforded the opportunity to present evidence and argument on all issues involved.
    2. Any procedure in a disciplinary hearing may be modified or waived by mutual agreement between the student and the Dean of Students or his/her representative subject to the approval of the Board.
    3. The following process shall apply in all hearings before the Student Conduc Board:
      1. Unless otherwise determined by the Student Conduct Board, testimony shall be submitted in the following order: testimony submitted by the accused, rebuttal testimony in support of the charges, rebuttal testimony submitted by the accused, and closing arguments.
      2. Any oral or documentary evidence may be presented, but the Board shall exclude irrelevant, immaterial, or repetitious evidence. The Board shall honor the rules of privilege recognized by law.
      3. Documentary evidence may be presented in the form of copies or excerpts, if the original is not readily available, provided that the student and the Dean of Students or his/her representative may compare the copy with the original.
      4. No testimony shall be received by the Boardwhen the opposing party has not been afforded the right of confrontation and a reasonable opportunity for cross-examination.
      5. Members of the Board are entitled to ask questions of any participants in the hearing. The student or the student's counsel, and the Dean of Students or his/her representative are entitled to ask questions of th Board.
      6. The University shall have the burden of proof, including the burden of producing evidence as well as the burden of argument. Proof of guilty shall be established when confirmed by a preponderance of the evidence.
    4. Both the student and the Dean of Students or his/her representative are expected to be present at the hearing. If the student is not present at the hearing, the Board will proceed to conduct the hearing if its members are satisfied that the student has been given notice of the hearing as provided for in this Code. In the absence of the student, the Board will hear the evidence, consider the facts, and render a judgment.
    5. All hearing will be closed unless the student requests that the hearing be open.
    6. In hearings involving more than one student in which one or more of them shall request a separate hearing, a severance shall be allowed upon request.
    7. The Board may adopt any further rules or make any further regulations necessary for a fair and impartial hearing that are not inconsistent with the provisions of this Code.
  3. Records: For the purpose of determining Board findings and recommendations, a record of all hearings shall be maintained.
    1. The record shall include the following:
      1. All pleadings, motions, and intermediate rulings;
      2. All evidence received or considered, including oral testimony, exhibits, and a statement of all matters officially noticed;
      3. Offers of proof and rulings thereon;
      4. Proposed findings and exceptions; and
      5. The report of the Board chairperson.
    2. The Board may preserve a record of its hearings through taped recordings. A tape recorder shall be available from the office of the Dean of Students.
    3. It shall not be necessary to transcribe any taped record unless requested for purpose of rehearing or judicial review. The cost of such transcription shall be paid by the requesting party.
  4. Board findings and recommendations: After hearing a case, the Board will decide if the University has reasonable cause to take disciplinary action against the student. No matters outside the record shall be considered by the Board in making its determination. Accordingly, the Board may decide as follows:
    1. No Cause of Disciplinary Action: No violation of the Student Conduct Code has been proven. In this case no sanction may be taken against the student.
    2. Cause for Disciplinary Action: A violation of the Student Conduct Code has been proven. In this case the Board may recommend one or more of the sanctions provided for in this Code including warning, probation, restitution, suspension, expulsion, and recission of grades or degree. Within ten (10) school days after the hearing, Board shall transmit its findings and decision as to cause and recommendation in writing to the Chancellor. Simultaneously, a certified copy of the Board's findings, decision as to cause, and recommendations shall be delivered or posted by registered or certified mail with return receipt requested to the student's last known address.
    3. The Board's decision as to cause shall be in writing and shall be accompanied by separate findings of fact.
    4. If the student has filed proposed findings of fact, the Board shall rule on each proposed finding in its final decision as to cause.

E. Review by the Chancellor

No Board determination adverse to a student shall be finalized by the Chancellor until the student had been afforded an opportunity to request that the Chancellor review the Board's findings, decision as to cause, and recommendations.

  1. This review does not entitle the student to a full hearing of his/her case. Such review shall be requested in writing.
  2. The student shall have five (5) school days after the receipt of the Board's finding, decision as to cause, and recommendations to request in writing a review by the Chancellor. The request should be sent by registered mail to the Office of the Chancellor.
  3. The review by the Chancellor upon request, except in cases of newly discovered evidence, shall be confined to the record.
  4. Upon request, the Chancellor shall limit the review of the Board's findings, decision as to cause, and recommendations to the following four (4) issues:
    1. Did the Board follow the procedures contained in this Code?
    2. Was the Board hearing conducted in such a way as to provide the student an adequate opportunity to present his/her defense?
    3. Did the evidence presented at the hearing satisfy the requisite burden or proof?
    4. Is the sanction reasonable in relation to the gravity of the violation?

F. Final Decision and Orders by the Chancellor

Within thirty (30) calendar days from the receipt of the Board's findings, decision as to cause, and recommendations, the Chancellor shall notify, by certified or registered mail with return receipt requested, the student or the student's attorney of record of his/her decision regarding the sanction to be taken and any accompanying orders. The decision of the Chancellor shall be final within the University.

Authority of the Chancellor

The Chancellor may take appropriate action with respect to situations and developments not specifically covered by the Student Conduct Code in order that the intent of the Code may be properly administered.

Judicial Review

Any student who feels that his/her rights have been infringed upon by any final decision issued in accordance with this Student Conduct Code, may seek judicial review as provided for by law.

Severability

If any provision of these procedures is held to be illegal or unconstitutional, the remaining rules shall remain valid.