Procedures for Student Misconduct
1. All cases of alleged student misconduct shall be referred in writing to the person in the Division of Student Affairs so designated by the Vice Chancellor for Student Affairs (herein referred to as the Student Affairs designee). Any member of the University of Massachusetts Boston community may refer to the Student Affairs designee alleged student misconduct. Any charges concerning alleged student misconduct must be referred in writing to the Student Affairs designee within one hundred and twenty (120) days of the occurrence of the incident. All other time limitations in these procedures may be extended by the parties by mutual agreement.
2. Within ten business days of the initial referral, the Student Affairs designee will give written notice to the student accused of misconduct of the charges being brought. This notice should include a description of the acts complained of, the time and place if known, and the person who brought the charges. The Student Affairs designee shall also inform the student accused of misconduct that an investigation of the accusation(s) will be conducted, and provide that student a copy of the Code of Student Conduct.
3. Within ten business days of informing the student accused of misconduct, the Student Affairs designee shall commence an investigation of the accusation(s). This investigation may include interviews with the person(s) making the accusation, the student(s) accused of misconduct, and other relevant parties who may have knowledge concerning the accusation. Failure by any student to cooperate with the investigation of the Student Affairs designee, by failing to meet with the Student Affairs designee, or any attempt by a student to impede the investigation is, in itself, a violation of the Code of Student Conduct and may lead to sanctions outlined below.
4. Within five business days following the conclusion of the investigation, the Student Affairs designee shall make a finding concerning the accusation and inform the student accused of misconduct of that finding. The Student Affairs designee may: a. find in favor of the person(s) alleging the misconduct. In this case the Student Affairs designee may impose one of the sanctions listed below on the student committing the misconduct. The Student Affairs designee may also impose additional requirements on the student as he/she sees fit and as are relevant to the specific violation of the Student Code of Conduct. b. find in favor of the student against whom the accusation has been made. In this case no sanctions will be imposed and the case shall be closed.
5. Should the Student Affairs designee find that misconduct has occurred, the student accused of the misconduct has the right to appeal this finding. Within ten business days of receipt of written notice of the finding of misconduct, the student accused of the misconduct may request a formal hearing before the Discipline and Grievance Committee. Within five (5) business days of the receipt of the request for a hearing, the student will be informed that the request for a hearing has been received. The student will be sent a copy of the procedures by which the hearing will be conducted. In hearing cases of alleged misconduct, the Discipline and Grievance Committee will consist of no more than five members, at least two (2) of whom will be faculty and at least two (2) of whom will be students. The Discipline and Grievance Committee will be chosen by the Student Affairs designee from a pool of faculty, staff and students who have agreed to hear cases of misconduct. The student nominees for this pool will have been chosen by the SGA and GSA. The Vice Chancellor for Student Affairs reserves the right to ask for additional nominees so that the pool may reflect the profile of the campus community.
6. No longer than fifteen (15) business days following the request of a formal hearing, the Discipline and Grievance Committee shall hold this hearing. The Discipline and Grievance Committee shall have the right to question the student who is making the accusation, the student against whom the accusation is made, and any other persons the Committee considers relevant. The student accused of misconduct shall have the right to be accompanied at the hearing by a member of the University community of his/her choice (except legal counsel) to act as an advocate on the students behalf. (However, a student charged with conduct that is also the subject of pending criminal proceedings shall in any hearing have the right to the presence of legal counsel for advice; this right shall not include participation of counsel in the hearing. The right of having an attorney present will also apply when, in the judgement of the Student Affairs designee, it appears likely that criminal charges will be filed. In either case, a student who will be accompanied by an attorney shall be required to give advance notice to the Discipline and Grievance Committee). The student (or advocate) shall have the right to present evidence and witnesses and to question other witnesses. Formal rules of evidence shall not be observed; any evidence having reasonably probative value as to a relevant fact may be admitted. This decision shall be made by the Chair of the Committee whose decision shall be final. Failure by any student to cooperate in the hearing process, or any attempt by a student to impede or disrupt the hearing process is, in itself, a violation of the Code of Student Conduct and may lead to the sanctions outlined below. The hearing will be closed to all persons other than those invited by the Chair of the Discipline and Grievance Committee. The hearing will be taped by the Chair of the Discipline and Grievance Committee. The tape shall be kept by the Student Affairs designee. All parties shall be informed that the hearing will be taped. All information, both verbal and written, exchanged in the hearing shall be confidential, subject to applicable provisions of the Fair Information Practices Regulations of the University and applicable state and federal laws.
7. No longer than ten business days following the conclusion of the hearing, the Discipline and Grievance Committee shall issue its finding and inform the student accused of the misconduct of that finding. The Discipline and Grievance Committee may: a. Uphold the finding and imposed sanction of the Student Affairs designee. b. Uphold the findings of the Student Affairs designee but impose a different sanction. c. Find in favor of the student accused of the misconduct and the case shall be closed. The finding of the Committee will be determined by a majority vote of the members. All members are required to vote; no abstentions will be permitted.
8. Should the Discipline and Grievance Committee find that misconduct has occurred, the student accused of the misconduct may submit an appeal in writing to the Vice Chancellor for Student Affairs. This appeal must be filed within ten business days after the student has been notified of the finding of the Discipline and Grievance Committee. The Vice Chancellor for Student Affairs shall review the facts of the case and, if he deems it necessary, conduct a further investigation. Failure by any student to cooperate with this investigation, or any attempt by a student to impede this investigation is, in itself, a violation of the Code of Student Conduct and may lead to sanctions outlined below. Within twenty business days after receipt of the appeal by the student accused of the misconduct, the Vice Chancellor for Student Affairs shall issue his finding and inform the student(s) of that finding. The Vice Chancellor for Student Affairs may: a. Uphold the finding and the imposed sanction of the Discipline and Grievance Committee. b. Uphold the finding of the Discipline and Grievance Committee but impose a different sanction. c. Find in favor of the accused student and the case shall be closed.
9. Should the Vice Chancellor for Student Affairs find that misconduct has occurred, the student accused of the misconduct may submit an appeal in writing to the Chancellor. This appeal must be filed within ten (10) business days after the student has been notified of the finding of the Vice Chancellor for Student Affairs. Any graduate or undergraduate student who has been given a penalty of expulsion or suspension from the University for more than ten days shall have the right, at the student’s expense, to have the appeal statement drafted by an attorney. No longer than twenty business days after the request for an appeal, the Chancellor shall uphold, reverse or modify the Vice Chancellor for Student Affairs’ finding. The decision of the Chancellor shall constitute the final University disposition of the matter.
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