Procedures

Procedures for Code violations will be set forth in university regulation and UAS rules and procedures and will provide for appropriate process. However, there may be circumstances that make it necessary to make minor adjustments to these procedures. Unless the adjustment to the procedures seriously impairs or infringes upon the rights of the student or students involved, this does not provide a basis for claims outside the university or appeal within the university.

University of Alaska Board of Regents' Policy and University Regulation 09.02.040.

Procedures for reporting and investigating sex and gender-based misconduct matters are promulgated in Regents' Policy and University Regulation 01.04.

Definition of Terms

1. Day: A day the campus is open for business Monday through Friday, even if classes are not scheduled.
2. Complainant: An individual bringing forth information that another individual or group of individuals may have violated the Student Code of Conduct.
3. Alleged Victim: An individual or group of individuals who has allegedly been subject to a destructive or injurious violation of the Student Code of Conduct by another individual or group of individuals. The alleged victim may or may not also be the complainant.
4. Respondent: An individual or group of individuals accused of violating the Student Code of Conduct.
5. Major Sanction: Major sanctions include suspension, expulsion, revocation of a degree, and other sanctions specified by UAS rules and procedures as being major sanctions.
6. Minor Sanction: Minor sanctions are those other than ones specified as major sanctions, such as warning, probation, discretionary sanctions, etc., as described in University Regulation R09.02.
7. Student Conduct Procedure: A student conduct procedure is a review undertaken by the university to establish whether there is substantial information to determine whether it is more likely than not that a student violated the Code.
8. Student Conduct Administrator: A student conduct administrator is a university official authorized by the UAS senior student services professional or designee to collect information, initiate the student conduct process, articulate alleged violations, present information indicating whether alleged violations occurred, conduct administrative reviews, and impose or recommend, as applicable, sanctions upon any student(s) found to have violated the Student Code of Conduct.
9. Administrative Review: An administrative review is a meeting between the student conduct administrator and a student, where the student has the opportunity to review the alleged violation and present information relevant to the allegations. An administrative review is the review process for matters involving imposition of either a minor or major sanction.
10. Major Administrative Unit (MAU): MAUs in the UA system include the system offices and three separately accredited universities, UAA, UAF, and UAS. In the case of the universities, each MAU includes its main campus as well as its affiliated community and satellite campuses and extended sites.

Authority and Responsibilities of UAS Senior Student Services Professionals

The chancellor will appoint a senior student services professional experienced in student disciplinary proceedings who will supervise and implement a student conduct review process for student disciplinary matters for UAS. The UAS senior student services professional will consult with extended site directors prior to delegating student disciplinary responsibilities to staff located on extended sites. The UAS senior student services professional or designee has authority over disciplinary proceedings and is responsible for:

1. serving as, or designating, a student conduct administrator to conduct administrative reviews; and
2. modifying timelines associated with student conduct proceedings in order to accommodate the academic calendar and for other reasons deemed appropriate.

Students Living on Campus

The chancellor or UAS senior student services professional may establish in UAS rules and procedures a student conduct process specifically designed for students living on campus for matters relating to residence life. Such processes do not preclude other disciplinary action under the Student Code of Conduct. Such processes must comply with University Regulation 09.02.01.

Group Violations

A student group or organization and its officers and membership may be held collectively and individually responsible when violations of the Code by the organization and/or its member(s):

1. take place at organization-sponsored or co-sponsored events, whether sponsorship is formal or implied;
2. have received the consent or encouragement of the organization or of the organization’s leaders or officers; or
3. were known or should have been known to the membership or its officers.

The chancellor or UAS senior student services professional may establish in UAS rules and procedures a conduct process specifically designed for students participating in student organizations for matters relating to student organization conduct. Such processes must comply with Regulation 09.02.01. If no UAS rules and procedures are established, the conduct process for student organizations will follow the student conduct process. In any such action, individual determinations as to responsibility will be made and the sanctions may be assigned collectively and individually and will be proportionate to the involvement of each individual and the organization.

Amnesty

1. The university may provide amnesty from minor policy violations to students who report misconduct and who otherwise may be hesitant to report student misconduct to university officials because they fear being accused of minor policy violations that occurred during the incidents.
2. The university may provide amnesty from minor policy violations when students offer help to others in need. Amnesty may also be extended on a case-by-case basis to the person receiving assistance.
3. Students who are engaged in minor policy violations who choose to bring related, more serious violations by others to the attention of the university may be offered amnesty for their minor policy violations.
4. If students bring their own use of, addiction to, or dependency on alcohol or drugs to the attention of university officials outside of student conduct procedures, the conduct is unrelated to other prohibited conduct and the student seeks assistance, the university will grant amnesty to students for the drug and alcohol violations reported. The university may require students to comply with written action plans to track follow-through with students’ requests for such assistance. Failure to follow the action plan will nullify the amnesty provision and the university may initiate student conduct proceedings.
5. Abuse of amnesty requests can result in a decision by the student conduct administrator not to extend amnesty to the same person repeatedly. Student services will maintain records of incidents for which amnesty is granted.
6. Students granted amnesty may be required to complete educational programs. In the event the student chooses not to complete the educational programs, amnesty may be nullified and the student may be subject to student conduct proceedings.

Rights Afforded Students in Student Conduct Proceedings

1. Students have the right to due process in conduct proceedings. This regulation articulates a level of process meeting constitutional requirements. However, a violation of this regulation shall not be grounds for overturning a determination if the proceeding otherwise meets constitutional due process requirements.
2. Students have the right not to respond to the allegations during the student conduct proceeding. However, the university maintains the right to make a determination regarding responsibility and administer sanctions based on the available information.
3. A student may be accompanied by an advocate of their choice during student conduct proceedings.
4. Students may have access to records of their student conduct proceedings.
5. Students may appeal decisions to impose minor sanctions and/or the severity of the sanction to the UAS senior student services professional or designee. Students will be afforded an opportunity to provide comments to the UAS senior student services professional on recommendations to impose major sanctions.

Rights Afforded Injured Parties During the Student Conduct Process

1. The university will consider the needs and circumstances of injured parties, especially alleged victims of personal injury and/or sexual assault. The university will take such measures as it deems reasonable to prevent the unnecessary exposure of alleged victims of personal injury and/or sexual assault.
2. An alleged victim of personal injury or sexual assault will be provided such information regarding the student conduct process, support and assistance options, other remedies and the university’s responses as required by law.
3. Alleged victims of gender-based or sexual misconduct will be provided an equal opportunity to participate in the student conduct process. Alleged victims have the right to:

   1. receive written notice of the opportunity to schedule an administrative review separate from the administrative review held for the respondent. The notice of opportunity to schedule their respective administrative reviews will be sent simultaneously to the alleged victim(s) and respondents. Written notice will include:

      1. the allegations of misconduct and the provisions of the Code which allegedly have been violated;
      2. the student conduct administrator’s name, telephone number, and office location; and the time period in which to schedule a meeting to review the allegations; and
      3. whether a major or minor sanction is likely to be imposed should the allegations be substantiated by a preponderance of the evidence;
   2. have an advocate for assistance during the proceedings;
   3. participate in the student conduct process, including the right to participate in the administrative review and other meetings, present relevant witnesses and other evidence;
   4. receive written notice of findings and conclusions simultaneous with notice to the respondent;
   5. appeal the outcome of cases that could result in the imposition of minor sanctions;
   6. comment upon the findings, conclusions, and recommendations of cases that could result in the imposition of major sanctions; and
   7. receive written notice of the final university decision simultaneous with notice to the respondent.

Initiation of a Student Conduct Review

1. Any university student, faculty, staff member, or community member may report an alleged violation of the Code. Allegations of Code violations must be in writing and submitted to the student conduct administrator in accordance with UAS rules and procedures. Though anonymous complaints are permitted, doing so may limit the university's ability to investigate and respond to a complaint. The university has the right to pursue notice of student misconduct on its own behalf and initiate a student conduct review, regardless of whether or not a formal allegation is submitted by a complainant.
2. The student conduct administrator and/or appropriate University official will review the allegations and conduct an appropriate preliminary investigation to determine:
   1. whether to dismiss the matter because insufficient information exists to support the accusation; or
   2. whether sufficient information exists to warrant further student conduct proceedings; and, if so,
   3. whether the allegations, if substantiated, will subject the student to a major or a minor sanction.

   Alleged violations involving gender-based or sexual misconduct will initially be forwarded to the appropriate compliance office to conduct a preliminary investigation.

3. The student conduct administrator will send the student written notification:
   1. of the allegations of misconduct and the provisions of the Code which allegedly have been violated;
   2. of the student conduct administrator’s name, telephone number, and office location; and the time period in which to schedule a meeting to review the allegations;
   3. of whether a major or minor sanction is likely to be imposed should the allegations be substantiated by a preponderance of the evidence; and
   4. that, should the student fail to schedule a meeting, the meeting will be scheduled by the student conduct administrator.
4. Should a student fail to schedule a meeting within the time period specified in the notification of allegations, the student conduct administrator will schedule the meeting and notify the student in writing at least three days in advance of the scheduled meeting that, should the student fail to respond or appear, the student conduct administrator will conduct an administrative review.
5. Alternatively, the student conduct administrator may send an initial notice that identifies a default date and time at which the conduct meeting will occur unless rescheduled, provided that the initial notice complies with the requirements of this section.

General Rules for Administrative Reviews

1. The university student conduct system is an administrative process and is not a court of law and is not held to standards applied in criminal proceedings. Formal rules of evidence will not apply. Testimony containing hearsay may be heard, and will be weighted appropriately, taking into account the reliability of the information. Findings and conclusions will be based upon information presented during the review.
2. Student disciplinary determinations of responsibility are based on whether substantial evidence establishes that it is more likely than not that the respondent violated the Code.
3. Dates and times for reviews will ordinarily be scheduled between three and fifteen days after written notice of the allegations has been sent to the student, at times determined by the student conduct administrator.
4. The student conduct administrator will conduct an administrative review.
5. Should a student fail to appear for an administrative review, the student conduct administrator may determine to proceed with the review without the student.
6. Reviews may be conducted by audio-conference, videoconference, or at an off-campus location, if directed by the student conduct administrator.
7. The student conduct administrator will establish reasonable rules for the participants’ conduct during the review and will make them available to all parties.
8. Students may select an advocate for assistance during the proceedings. Should the student choose an attorney for an advocate, the student is responsible for the attorney’s fees and legal costs regardless of the outcome of the review.

Procedures for Administrative Reviews

1. At the scheduled meeting the student conduct administrator will review the allegations and available information regarding the matter. The student(s), if present, will be given the opportunity to present relevant information, names of witnesses, relevant explanations, and/or mitigating factors for the alleged violation.
2. Attendance at administrative reviews is limited to individuals approved by the student conduct administrator.
3. An advocate for the student may be present during the review, but may not represent the student in the proceedings, nor speak or ask questions on the student's behalf unless authorized by the student conduct administrator.
4. If, during an administrative review for an allegation, new information is presented that could subject the student to additional allegations, the student will be notified, in writing, of the new allegations. The new allegations will be reviewed at a subsequent administrative review.
5. If, during an administrative review for an allegation originally determined to be subject to imposition of a minor sanction, new information is presented that could make the student subject to a major sanction, the review will be suspended. The student will be notified in writing of the allegations now subject to the imposition of a major sanction. The allegations and sanctions will be reviewed in a subsequent administrative review.

Written Findings and Conclusions

An administrative review will result in the preparation of written findings and conclusions within ten days of the conclusion of an administrative review, barring extenuating circumstances. Conclusions will result in one of the following:

1. Allegations are dismissed, subject to appeal by the victim in the case of gender based or sexual misconduct.

2. A minor sanction is imposed.

   If a minor sanction is imposed, the student conduct administrator will send the student written notification of the decision, of the reasons for the decision and of the right to appeal, and, in the case of gender based or sexual misconduct, of the victim’s right to appeal.

3. A major sanction is recommended.

   If a major sanction is recommended, barring extenuating circumstances, the student conduct administrator will, within ten days of the conclusion of an administrative review:

   1. send the student written notification of the recommendation, of the reasons for the decision, and of the right to provide comment to the UAS senior student services professional; and
   2. in the case of gender based or sexual misconduct, send the victim notice of the right to provide comment to the UAS senior student services professional; and
   3. forward the record of the administrative review to the UAS senior student services professional.

Appeal Procedure for Minor Sanctions

The respondent may appeal a decision to impose a minor sanction, and in the case of gender based or sexual misconduct, the victim may appeal a decision to dismiss the allegation or impose a minor sanction, to the UAS senior student services professional or designee.

1. Appeals may be made on the basis that:
   1. a procedural error was made during the process which significantly impacted the finding or sanction;
   2. the sanctions imposed are substantially outside the parameters of guidelines set by the university for this type of offense or the cumulative conduct record of the respondent;
   3. there is new information that was not available at the time of the decision that, if introduced and credible would have significantly impacted the finding or sanction. Any party’s unwillingness to provide a statement or participate in the student conduct process will not satisfy this ground for appeal; or
   4. the decision is not supported by a preponderance of the evidence.
2. Appeals must be submitted in writing within seven days of the day the decision is sent to the student, and in accordance with UAS rules and procedures.
3. The UAS senior student services professional or designee will conduct a review of the record and will ordinarily render a decision within seven days of receipt of the appeal, barring extenuating circumstances. The UAS senior student services professional or designee may:
   1. uphold a decision and/or sanction;
   2. dismiss the case;
   3. alter or lessen a sanction;
   4. refer the matter back for further review;
   5. authorize a new administrative review; or
   6. take such other action as the senior student services officer or designee deems appropriate.
4. Except in cases referred for further proceedings, the decision of the UAS senior student services professional or designee constitutes the university’s final decision on the matter. Notification to the affected students must be made in writing and in accordance with Regents’ Policy and University Regulation.

Review Procedures for Major Sanctions

The student conduct administrator will forward a recommendation to impose a major sanction to the UAS senior student services professional for review. In the case of gender based or sexual misconduct, the victim may appeal to the UAS senior student services professional a decision to dismiss an allegation, or impose a minor sanction, in a case designated by the student conduct administrator as a case potentially involving a major sanction.

1. The respondent, and in the case of gender based or sexual misconduct, the victim will be given an opportunity to comment upon the findings, conclusions, and recommendation of the administrative review. Comments must be submitted in writing within seven days of the day the findings, conclusions, and recommendation are sent to the student, and in accordance with UAS rules and procedures.
2. The UAS senior student services professional or designee will review the record and render a decision within fourteen days of receipt of the recommendation, barring extenuating circumstances, and may:
   1. uphold a decision and/or recommended sanction;
   2. dismiss the case;
   3. alter or lessen the sanction;
   4. refer the matter back for further review;
   5. authorize a new administrative review; or
   6. take such other action as the senior student services professional or designee deems appropriate.
3. If the UAS senior student services professional has recommended a major sanction, or in the case of gender based or sexual misconduct, if the victim appeals a decision to dismiss an allegation, or impose a minor sanction, in a case designated by the student conduct administrator as a case potentially involving a major sanction, the chancellor will review the record and, barring extenuating circumstances, render a decision within seven days of receipt of the recommendation. The chancellor may:
   1. uphold a decision and/or impose the sanction;
   2. dismiss the case;
   3. alter or lessen the sanction;
   4. refer the matter back for further review;
   5. authorize a new administrative review; or
   6. take such other action as the chancellor deems appropriate.
4. Except in cases referred for further proceedings, the decision of the chancellor constitutes the university’s final decision on the matter. Notification to the affected students must be made in writing and in accordance with Regents’ Policy and University Regulation.