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Student Handbook - University of Dubuque

Student Handbook - University of Dubuque

Student Handbook - University of Dubuque

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STUDENT CONDUCT STRUCTUREThe guidelines indicated above shall be implemented by the following student conduct bodies.<strong>Student</strong> LifeThe Vice President and Dean <strong>of</strong> <strong>Student</strong> Life shall have jurisdiction in all cases <strong>of</strong> allegedviolations including rape, attempted rape, physical violence against a <strong>University</strong> <strong>of</strong>ficial (includingResident Assistants), and any alleged violation that may have substantial negative impact on the<strong>University</strong>. The Vice President and Dean <strong>of</strong> <strong>Student</strong> Life may refer a case to another <strong>University</strong><strong>of</strong>ficial for a hearing. When this is done the <strong>University</strong> <strong>of</strong>ficial becomes a hearing <strong>of</strong>ficer. Allegedviolations occurring within the resident student housing or by a resident student will most <strong>of</strong>tenbe the responsibility <strong>of</strong> the Director <strong>of</strong> Residence Life to adjudicate. <strong>Student</strong>s found in violation <strong>of</strong><strong>University</strong> values, policies, or procedures may appeal. The appeal must be in writing and follow allestablished guidelines. Based on the nature <strong>of</strong> the violation and/or whether or not this is a repeat<strong>of</strong>fense, the <strong>Student</strong> Conduct Board will act upon the case.ProcessIn cases <strong>of</strong> original jurisdiction or appeals, the accused shall be accorded the full right <strong>of</strong> dueprocess as outlined. Hearing proceedings shall be conducted as outlined in the guidelines above.Alleged violations <strong>of</strong> the <strong>University</strong> regulations shall be reported to the Vice President and Dean <strong>of</strong><strong>Student</strong> Life in writing. The Vice President and Dean <strong>of</strong> <strong>Student</strong> Life or Director <strong>of</strong> Residence Lifeshall inform or request a member <strong>of</strong> the <strong>Student</strong> Life staff or another <strong>University</strong> <strong>of</strong>ficial (who willserve as a hearing <strong>of</strong>ficer) to inform the accused in writing concerning the alleged violation, <strong>of</strong> hisor her rights <strong>of</strong> due process, and arrange for a hearing.Reasonable time extensions because <strong>of</strong> the accused person’s inability to appear shall be granted,but normally limited to a single reschedule. A record <strong>of</strong> proceedings shall be kept including thename <strong>of</strong> the accuser and the accused involved, the violation, the decision <strong>of</strong> the hearing <strong>of</strong>ficer,the reasons therefore, and the sanctions imposed. Pertinent records, exhibits, and writtenstatements may be accepted as evidence for consideration by the hearing <strong>of</strong>ficer.Rules <strong>of</strong> EvidenceThere are varying standards <strong>of</strong> pro<strong>of</strong> that are recognized in the various levels <strong>of</strong> civil proceedings.First, “substantive evidence” will most likely be required in the case before it reaches the board,meaning there must have been “enough” evidence as determined by <strong>University</strong> <strong>of</strong>ficials beforethe case would be adjudicated.The three levels <strong>of</strong> evidence recognized in the civil courts are a “preponderance <strong>of</strong> evidence”, “clearand convincing evidence”, and “pro<strong>of</strong> beyond a reasonable doubt.”96

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