Jun 03, 2020  
2018-2019 ULM Student Policy Manual 
    
2018-2019 ULM Student Policy Manual

Section Four - Procedural Due Process Principles


4.01 Due Process Rights of Student and Student Organization

4.01:01 Due process protection is afforded all students and student organizations of the University of Louisiana at Monroe. Due process requires that the University set forth all of its policies, rules, and regulations governing student and student organization conduct in properly promulgated publications. This form of due process requires that University regulations affecting student and student organization conduct and censures for student and student organization misconduct be based on the principle of equal treatment without regard to race, religion, sex, national origin, political affiliation, age, physical or mental disability, or veteran status.
4.01:02 The ULM Code of Student Conduct is the University’s principal statement of conduct regulations for students and student organizations. Although University departments may establish and declare behavioral standards for students and student organizations, those standards must correspond with the Code. When a student’s or student organization’s misconduct violates both departmental regulations and regulations as stated in the ULM Code of Student Conduct, then due process procedures for the students and student organizations must follow the Code. After the student’s or student organization’s case is reviewed and a decision of responsibility rendered, both the department and the appropriate University Unit may apply censures; however, under no circumstances may departmental censures be imposed in lieu of censures applied in proceedings with the appropriate University Unit adhering to the procedures outlined in the ULM Code of Student Conduct.
4.01:03 All University disciplinary censures imposed on a student or student organization must be outlined in the ULM Code of Student Conduct. The appropriate University Unit or Department may not impose censures not stated in this document.
4.01:04 Students or student organizations who are accused of violating conduct regulations, to include departmental codes, shall have the right to require that their case be considered in accordance with the provision of the ULM Code of Student Conduct. This does not mean that students or student organizations may not voluntarily accept departmental discipline.
4.01:05 Students or student organizations who have reason to believe that they are being unjustly accused and/or disciplined, or threatened with discipline, by a University employee without the full protection offered by the ULM Code of Student Conduct should immediately seek advice or counsel from the Office of Student Services (Student Conduct).

4.02 Procedural Due Process Rights

Procedural due process requires that a disciplinary procedure be established for determining the responsibility of all students or student organizations charged with violations of specific conduct regulations. Additionally, due process requires that the procedure meet the test of fairness and reasonableness.

4.02:01 Rights of the Student or Student Organization Charged with Misconduct
  1. To be informed of the specific charge(s) made against the student or student organization.
  2. To be given the opportunity to prepare a defense when appearing before the University Unit, Conduct Standards Committee, Student Organization Judicial Committee, and the Title IX Committee (Appeals). Adequate time for preparation of defense will range from 24-72 hours. Circumstances may dictate the time frame.
  3. To have the charge(s) reviewed by the appropriate University Administrator or University Unit.
  4. To be presented evidence on which the charge(s) is based. When documented or physical evidence is to be presented at the hearing and/or with the Conduct Standards Committee, Student Organization Judicial Committee, or the Title IX Committee (Appeals) or through an Appeal Committee, the charged student or charged student organization has the right to inspect physical evidence and to review copies of these documents at a reasonable time before the hearing in the Office of Student Services (Student Conduct) or through the Title IX Coordinator (see Sexual Misconduct Policy and Procedures). Release of documentation is subject to FERPA (Family Educational Rights and Privacy Act). In such hearings, the student or student organization charged is also entitled to a list of witnesses who will testify against the charged student or student organization. Names may be withheld in cases of sexual assault, violence and significant threats to the university community. The charged student or student organization is responsible for collecting this information from the person(s) bringing the charge. The student or student organization may request assistance from the Office of Student Services (Student Conduct) in obtaining needed information.
  5. When two or more students are charged with the same or related violations arising from the same circumstances, one or more students may present a written request for a separate hearing even though the normal hearing procedure includes having all charged students attend the same hearing. The request should be submitted to either the appropriate University Unit such as the Divisions of Student Affairs or Academic Affairs or to Office of Student Services (Student Conduct) or to the Title IX Coordinator for a decision. The request should state why a separate hearing is necessary. When two or more student organizations are charged with the same or related violations arising from the same circumstances, separate hearings are not allowed except in situations where the hearing panel will not adequately and effectively adjudicate the case due to the large numbers of members involved.
  6. To be presumed not responsible until proven responsible and to have the specified University Unit decide responsibility based on a reasonable standard of proof  (Preponderance of Evidence) presented during the hearing. The responsibility rests with the person(s) bringing the charge(s).
  7. To retain specific University student and student organizational rights while the charge(s) is being considered. In special circumstances, the appropriate University Administrator or the specified University Unit may suspend some of a student’s or student organization’s rights or may enact any of the following Removal from ULM Housing—Administrative Withdrawal, Temporary Suspension, Suspension from the University, Dismissal from the University, or Expulsion from the University—when the student’s or student organization’s alleged act of conduct is considered a significant threat to the University community and warrants such intervention. (See 3.02:08 of this Code.)
  8. To appeal decisions and recommendations rendered by the appropriate University Administrator or other specified University Unit as outlined in the “Appeals Procedures,” of the ULM Code of Student Conduct.
  9. To reasonably request assistance either from the Office of Student Services (Student Conduct),or the Title IX Coordinator (Sexual Misconduct), at least 24-48 hours prior to a non-administrative hearing, when bringing students or University employees as witnesses on behalf of the charged student. The Office of Student Services (Student Conduct) or the Title IX Coordinator cannot, however, summons non-University individuals. No more than five (5) witnesses may be called by the charged student(s) or student organization for a hearing. The charged student(s) or student organization must present a written request, with reasonable justification, to the Office of Student Services (Student Conduct) or through the Title IX Coordinator (Sexual Misconduct) if needing an additional witness.
4.02:02 Rights of the Student or Student Organization Members During a Hearing
  1. To appear alone or with any one other person of the student’s or student organization member’s choice to advise and assist the student or student organization at a hearing. The person chosen to advise or assist the student or student organization member may be a relative, a fellow student, a friend, a teacher, an attorney or an ombudsman. The adviser shall not have voice and shall not address the appropriate University Administrator, the Conduct Standards Committee, the Student Organization Judicial Committee, the Title IX Coordinator or Title IX Committee (Appeals) or an Appeal Committee; the adviser also does not have the right to examine or cross-examine the person(s) bringing the charge or the witnesses. The adviser is not to act as an agent for the student or student organization; advisers must limit their activities to only advising the student or student organization privately.
  2. To reject with good cause any one member, with the exception of the Chairperson, of the Conduct Standards Committee, Student Organization Judicial Committee, Title IX Committee (Appeals) or Appeals Committees, or the Title IX Coordinator from a hearing. Such action must be made immediately after the introduction of the members of the hearing panel and should take the form of a request to the Chairperson “for a brief recess to consider a procedural question.” During the recess, the student or student organization members will present reasons to the Chairperson for this action.
  3. To present evidence and to argue in his/her or their own defense.
  4. To be confronted and/or cross-examined by the person(s) bringing the charge(s) or the appropriate University Administrator or University Official.
  5. To conduct a reasonable cross-examination, when possible, of the person(s) initiating the charge(s).
  6. To conduct a reasonable cross-examination, when possible, of the witnesses appearing at the hearing and giving testimony. Preferably, witnesses will give oral testimony whenever reasonably possible; however, the University Administrator or appropriate Academic Unit may have to submit written statements by witnesses in the absence of witnesses at a hearing. Such absences may result from an inability to participate in a hearing due to other responsibilities, conflicting schedules, or a reasonable decision by the appropriate University Administrator to secure the safety or to protect the rights of witnesses. Written statements, previously written memorandum, University documents, letters and other written materials may be introduced as evidence even though the author is not present. The members of the hearing panel may attach whatever weight or significance to these written documents as they deem appropriate.
  7. To have evidence of a prior formal charge or finding of responsibility for violating the ULM Code of Student Conduct excluded as evidence during the hearing panel’s deliberation of responsibility on the present charge(s). If a student or student organization has been found responsible, however, such evidence is allowed and must be admitted when the hearing panel is deliberating on the censure(s) to be imposed.
4.02:03 Rights of the Student or Student Organization Found Responsible
  1. To have censures imposed that are commensurate with the violation charged.
  2. To request a “Notice of Disciplinary Censure” or a summary of a non-administrative hearing, excluding the proceedings consisting of the deliberation of responsibility and the deliberation on the censure to be imposed, subject to the limitations imposed by the provisions of the “Family Educational Rights and Privacy Act of 1974” (the Buckley Amendment). The summary will be provided at a reasonable cost to the student or student organization.
  3. To review a copy of non-administrative taped hearing procedures, in the Office of Student Services (Student Conduct), the Residential Life Office (Residential Conduct) or through the Title IX Coordinator (Sexual Misconduct), excluding the deliberations of responsibility and the censure to be imposed, for the sole purpose of preparing an appeal. Videoed and/or recorded hearing procedures cannot be used for any civil or criminal proceedings unless subpoenaed. The student or student organization must submit a written request to the Office of Student Services (Student Conduct) or the appropriate Academic Unit asking to review a copy of the video and/or recording; this request must state that the purpose is for filing an appeal and that the student or student organization assumes full responsibility for how the recording or video information is to be used.
  4. To appeal the decision of the University Administrator or University Unit, the student or student organizational appeal must satisfy the appellate standards or grounds and the appellate process outlined in Section Eight, “Appeal Procedures” of this Code. The student or student organization is respectfully reminded that the appeal procedure is not intended to grant a new hearing at a higher level.
4.02:04 In Absentia Consideration of Charges
  1. Charged students or charged student organizations who have received an oral or written summons from an approved University Administrator or University Official to appear for an administrative hearing by the appropriate University Administrator and who fail to keep an administrative appointment or who fail to appear without just cause within 24 hours or one class/business day shall forfeit the right to present their case and will have said charges considered in absentia by the appropriate University Administrator. Thereupon, the University Administrator will render a decision on the student charge(s). University students who reside in University residence halls, suites or apartments and who are censured in absentia will receive notification from the appropriate University Administrator through the appropriate residence hall staff or by e-mail. University students who reside off campus and who are censured in absentia will be sent notification from the appropriate University Administrator through first class mail to the student’s current local university e-mail, or home mailing address found in the University Records, Banner or Registrar’s Office. Student organizations will be sent notification through their University adviser as documented in the Office of Student Life and Leadership.
  2. A student or student organization who is notified orally or in writing to appear before the Conduct Standards Committee, the Student Organization Judicial Committee, the Title IX Committee (Appeals) or an Appeals Committee, and who fails to appear for the hearing without just cause shall forfeit the right to respond before the hearing panel and to be present during its deliberations. In cases of failure to appear, the Chairperson of the hearing panel shall enter a plea of “No Plea” for the student or student organization, and the charge(s) against the student or student organization shall be heard in absentia.
  3. A student or student organization who with just cause fails to appear for an administrative hearing or a hearing of an approved University Unit shall submit to the Office of Student Services (Student Conduct), the Vice President for Student Affairs, and/or the appropriate Academic Unit a written statement addressing the student’s or student organization’s reasons for failure to appear and requesting consideration for another hearing. If these University Officials determine that the student’s request shows just cause, the student’s right to appear for a hearing will be reinstated. In cases where the student or student organization needs with just cause to have a hearing postponed, the same University Officials will determine just cause and will postpone the hearing, thereby protecting the student’s or student organization’s right to appear for a hearing.
  4. If a student or a student organization voluntarily chooses to leave without just cause while an administrative hearing or hearing is in session, shall forfeit the right to respond and the hearing will be heard in absentia.