Student Handbook - University of Dubuque

A preponderance of evidence is when the existence of fact is more probable than not. TheUniversity of Dubuque uses this degree of evidence in order to establish responsibility or in violation.In most criminal cases, proof beyond a reasonable doubt is required to hold individuals responsiblefor a certain behavior. The courts have consistently viewed this degree of evidence necessaryonly in instances when life or liberty is at stake, thus, not requiring colleges or universities toadhere to such a strict standard.DecisionsAfter hearing a case (of original jurisdiction), the hearing officer shall decide whether the studenthas violated each of the values, policies, or procedures with which the student is charged.Should the student be found to have violated the University values, policies, or procedures,sanctions shall be determined in accordance with the severity of a violation. The Vice Presidentand Dean of Student Life, in consultation with other Student Life Staff may immediately, inemergency situations, suspend any student from the University and/or residence facilities whenthat student threatens or causes physical harm to another student, or if the behavior of thatstudent threatens the safety of other members of the community.APPEALSA decision reached by an Area Coordinator may be appealed by the accused student orcomplainants to the Director of Residence Life within three (3) class days of the decision. Suchappeals must be typewritten and delivered to the Director of Residence Life.Decisions reached by the Director of Residence Life, his/her Student Life designee, or the StudentConduct Board may be appealed to the Vice President and Dean of Student Life within three (3)class days of the decision. Such appeals shall be typewritten and delivered to the Vice Presidentand Dean of Student Life. The decision of the Vice President and Dean of Student Life is final.Student Conduct Board of AppealA Student Conduct Board of Appeal (not to be confused with the Student Conduct Board) shallbe convened and shall hear only appeals from a student of a decision reached by the VicePresident and Dean of Student Life.CompositionThe Student Conduct Board of Appeal shall be composed of four (4) faculty or staff members, andfour (4) students appointed by the President of the University, or designee.DecisionsAfter hearing an appeal, the Student Conduct Appeal Board may decide as follows:• Accept the decision reached by the Vice President and Dean of Student Life.• Direct the Vice President and Dean of Student Life to rehear the case should the Appeal Boarddetermine there was a failure to provide due process.• Accept the Vice President and Dean of Student Life’s decision, but reduce the sanctionimposed.97