A student may be summarily suspended from the university and summarily excluded from university property and programs by the Provost or designee of a university campus. The Provost or designee may act summarily without following the hearing procedures established by this section if the officer is satisfied that the student’s continued presence on the campus constitutes a serious threat of harm to the student or to any other person on the campus or to the property of the university or property of other persons on the university campus.
- A student who is summarily suspended and excluded from the university shall be required to leave the property of the university immediately and shall be notified that he or she will thereafter be treated as a trespasser if he or she returns to university property. Within 24 hours after the student is excluded, a written notice must be sent to the student by certified mail informing the student of the following:
- That the student has been suspended from the university;
- That the student has been excluded from being on university property;
- That the student will be considered a trespasser if he or she returns to university property;
- The reasons for the suspension from the university and the exclusion from university property;
- Any conditions that must be met before the student may petition the Provost or designee for reinstatement;
- That the student may not petition for reinstatement for at least one calendar year from the implementation date of the summary suspension.
- Allegations of misconduct filed against a student who has been summarily suspended will be adjudicated by a hearing commission, only if requested in writing by the student within 10 days of receiving notice of the summary suspension. Procedures to be followed by the hearing commission include the following:
- If the student disagrees with the decision of responsibility for misconduct reached by the Provost of the campus, or the student believes the sanction of summary suspension is inappropriate, the student may request a formal hearing before a hearing commission. The written request must be submitted to the Dean of Students no later than 10 calendar days after receiving notice of the summary suspension.
- A hearing commission shall consist of three members, including one student and two faculty members. One of the faculty members will serve also as the presiding officer of the commission.
- By initiating this request, the student assumes the responsibility of preparing information and any witnesses to present at the formal hearing. A list of the student’s witnesses must be submitted in writing to the Dean of Students no later than seven calendar days before the scheduled hearing.
- A student may seek advice from the Student Advocates Office, the IU Student Association Department of Student Rights, or other sources, but the student remains responsible for presenting his/her case to the hearing commission.
- The hearing will be closed to the public, unless the student indicates in writing to the Dean of Students, at least seven calendar days in advance of the hearing, a desire to open the hearing to the public.
- At the hearing, the representative of the Provost and the student may present and question witnesses, and/or present other information. The student charged with an offense may testify, but shall not be ordered to testify by the hearing commission, nor shall failure to testify be considered an admission of responsibility. The burden of proving that the student has committed the offense or offenses, as charged, shall be upon the university.
- The decision of the hearing commission shall be based solely upon information introduced at the hearing and must be based upon a preponderance of evidence. A decision shall be made by majority vote.
- The hearing commission shall make a finding of whether the student has committed the offense(s) as charged. If the hearing commission finds that the student has committed the offense(s), it shall uphold the summary suspension decision. If the hearing commission does not find the student to be responsible for the offense(s), a recommendation to dismiss the case will be submitted to the Provost.
- Within 10 calendar days after the conclusion of the hearing, the presiding officer of the hearing commission shall render a written recommendation and include a brief explanation of the recommendation and set forth the findings of fact upon which the recommendation is made. The presiding officer shall furnish copies of the recommendation to the student, the Dean of Students, and the Provost of the campus.
- If a student fails to appear at the hearing commission, the student may explain the failure to appear in writing within 10 days to the presiding officer of the hearing commission. Written documentation supporting the cause of absence must be included. The presiding hearing commission officer will notify the student within 10 days whether the formal hearing may be rescheduled.
- If the student fails to appear at the hearing without good cause, the hearing commission is required to uphold the summary suspension.
- The Provost will decide whether to accept or reject the recommendation from the hearing commission.
- If the student does not consider the recommendation from the hearing commission to be acceptable, he or she may submit a written appeal to the Provost, explaining the reasons for not accepting the recommendation, which may include the length of time of the suspension; the Provost will consider the student’s written statement prior to making a final decision.
- This is the final step in the appeal process for summary suspension.
- The student shall thereafter be permitted to enter the university campus only for the limited purpose of participating in the disciplinary proceedings conducted under this section.
- The Dean of Students may require that the student be escorted to and from the disciplinary proceedings by members of the university police department.
- At the student’s request, the Dean of Students will expedite the formal hearing.