Interim suspension and removal may occur if the University determines that the continued presence of a student:
- is potentially threatening, harmful, or dangerous to self, others, or the University community;
- poses a threat of significant property damage;
- impacts the stability and continuity of normal University activities; and/or
- directly and substantially impedes the lawful activities of others,
The Associate Vice Chancellor for Student Affairs, or their designee, on an interim basis, suspends the Student and/or removes the Student from University housing pending the outcome of an investigation.
Within five (5) days of the effective date of the interim suspension or interim removal, the student may submit an interim suspension appeal form to request a termination or modification of the interim suspension or interim removal. The Associate Vice Chancellor, or their designee, will review the form and may, in their discretion, meet with the student and utilize information gathered in that meeting to make a decision on whether to terminate or modify the interim suspension or interim removal within three (3) days of receipt of the completed form. The results may determine if the appeal is being overturned, if the appeal is being upheld, or if the appeal should be reconsidered by the Associate Vice Chancellor for Student Affairs.
A student who persists in disruptive behavior during a particular class in violation of the Code may, at the discretion of the Associate Vice Chancellor for Student Affairs (or designee) and in consultation with the Provost and faculty member required to complete the course work through alternative methods, on an interim basis, pending the outcome of a hearing.
Forms of Resolution for Interim Suspension
- In Absentia Resolution
- If the Respondent fails to respond via university email within six (6) days of an initial request from the Associate Vice Chancellor for Student Affairs (or their designee) for a meeting, the case may be resolved in the Respondent’s absence through an In Absentia Resolution. The Associate Vice Chancellor for Student Affairs (or designee) will, in their professional judgment, make a determination on responsibility for any Formal Charge(s) and may specify any appropriate outcome(s). If the case is resolved through an In Absentia Resolution, the Respondent has the right to petition for their case to be reopened. Petitions must be received no later than five (5) days after written notice of the outcome.
- In Absentia resolutions are not available if the Formal Charges constitute a Serious Violation. In such cases, if a Respondent fails to respond to the initial meeting request the case may be referred to a Hearing Board.
- If the Respondent fails to respond via university email within six (6) days of an initial request from the Associate Vice Chancellor for Student Affairs (or their designee) for a meeting, the case may be resolved in the Respondent’s absence through an In Absentia Resolution. The Associate Vice Chancellor for Student Affairs (or designee) will, in their professional judgment, make a determination on responsibility for any Formal Charge(s) and may specify any appropriate outcome(s). If the case is resolved through an In Absentia Resolution, the Respondent has the right to petition for their case to be reopened. Petitions must be received no later than five (5) days after written notice of the outcome.
- Mutual Resolution of Interim Suspension
- If the Associate Vice Chancellor for Student Affairs (or designee) determines that the Mutual Resolution process is appropriate, they will offer the Respondent the option of a Mutual Resolution during the Respondent’s initial meeting or at a subsequent meeting. The Respondent has three (3) Days to respond to an offer of a Mutual Resolution.
- A Respondent who accepts a Mutual Resolution must voluntarily accept the determinations on responsibility and outcome(s) proposed by the Associate Vice Chancellor for Student Affairs (or designee) and waive their right to a Hearing. The Mutual Resolution must be in writing and signed by the Respondent and the Associate Vice Chancellor for Student Affairs (or designee). The signed Mutual Resolution may not be appealed.
- If the Associate Vice Chancellor for Student Affairs (or designee) does not offer a Mutual Resolution or the Respondent does not accept a Mutual Resolution, the Associate Vice Chancellor for Student Affairs (or designee) may refer the case to a hearing.
- Alternative Resolution of Interim Suspension
- The Alternative Resolution process (an administrative meeting) allows individuals involved in a conflict to have significant influence over the resolution process. The nature of some conflicts, especially those involving violence, may render the case ineligible for the Alternative Resolution process. Whether to offer an Alternative Resolution is at the discretion of the Associate Vice Chancellor for Student Affairs, or their designee.
- Participation in an Alternative Resolution process is voluntary and may or may not result in an agreement or resolution. When a mutually satisfactory resolution is reached by the individuals involved in a conflict, the case is resolved. Resolutions reached through an Alternative Resolution process may not be appealed. If resolution cannot be achieved through an Alternative Resolution process and the matter involves a pending Code violation, the Respondent may be referred to a Hearing Board.
- Resolution through Hearing for Interim Suspension
- If the case is not resolved through a Mutual Resolution, Alternative Resolution or an In Absentia Resolution, the Associate Dean of Students, or their designee, may refer the case to a hearing. The Associate Vice Chancellor for Student Affairs, or their designee, may modify the Formal Charge(s) based on information provided before or during the Mutual Resolution process.
- The scheduling of a hearing may be delayed at the discretion of the Associate Vice Chancellor (or designee.)
- to accommodate extenuating scheduling concerns,
- if the Formal Charge(s) occurs close to the end of an academic semester or term,
- in the event of the reasonable need of the Respondent or the University for additional time to gather information for the hearing, or
- upon request of the Respondent due to extenuating circumstances.