B. Personal Misconduct

Disciplinary proceedings for acts of personal misconduct are governed by the following procedures.

Disciplinary proceedings for an act of personal misconduct that is committed simultaneously with an act of academic misconduct are governed by the following procedures unless the Dean of Students and the faculty member involved agree otherwise.

The disciplinary procedures in this section do not govern proceedings involving the alleged violation of campus motor vehicle and residence hall or on-campus apartment housing contractual provisions. The procedures likewise do not govern proceedings involving the university’s collection of fees from students.

The campus judicial process is not the only method to resolve student behavior issues. Alternatives to the campus judicial process may also exist as resources allow and conditions are appropriate. There are several requirements and considerations where alternatives are concerned:

• The Dean of Students or designees shall decide when alternatives (mediation, conduct coaching, alternative dispute resolution, etc.) may be appropriate.
• The offending behavior(s) must cease and not be repeated.
• Outcomes of any alternatives must be agreeable to the university’s sense of academic excellence and personal development.
• Alternatives should not constitute in or of themselves subsequent violations of the Code of Student Rights, Responsibilities, and Conduct and/or Bloomington procedures.
• Any person may make a report that a student has committed an act of personal misconduct. The report must be submitted in writing to the Dean of Students. The Dean of Students may designate representatives to conduct fact-finding investigations, to serve as judicial hearing officers, and to recommend disciplinary action. After reviewing a report, the Dean of Students has the discretion to decide whether disciplinary proceedings should be instituted.

Disciplinary proceedings are initiated by the Dean of Students by sending the student who is the subject of the report a written notice by mail. The written notice requires the student to meet with the Dean of Students in a judicial conference on a specified date and time to discuss the alleged violation/s. The notice includes information about:

• The section(s) of the Code of Student Rights, Responsibilities, and Conduct claimed to have been violated;
• Specific information about the behaviors that allegedly caused the violation(s) including date(s) of the incident(s) and names of any witnesses;
• The judicial process and resources for assistance in preparing for the proceedings.

A student has the right to view his or her disciplinary file with proper notice to the Dean of Students. Students may seek advice from the IU Student Advocates Office, the IU Student Association Department of Student Rights, or others when preparing for judicial proceedings.

Alleged Violation Occurs

Written report to the Dean of Students from student, faculty, staff, administrator, police or another person

Written notification from Dean of Students designee to student

Judicial Conference

1. Meet with a judicial officer or judicial board
2. student reviews report(s)
3. Explain judicial conference process
4. Explain student rights
5. Fact finding phase
6. Responsible or Not Responsible
7. Sanctioning phase
8. Explain confidentiality policy, record keeping, hearing commission process, and Parent/Guardian Notification Policy (if applicable), SMART Program (if applicable)

NOTE: Very few cases proceed beyond this level

Hearing Commission/Formal Hearing

1. Student requests hearing commission no later than 10 calendar days after date of judicial conference decision letter
2. Meet with 3 members (1 student, 2 faculty)
3. Student is required to be present
4. Fact finding phase
5. Responsible or Not Responsible
6. Sanctioning phase
7. Explain confidentiality policy, record keeping, hearing commission process, and Parent/Guardian Notification Policy (if applicable)

NOTE: Proceedings are audio recorded.

Review Board (Final Step in Process)

1. Student submits written appeal no later than 7 calendar days after date of hearing commission decision letter
2. Meet with 3 members (1 student, 1 faculty, 1 administrator)
3. Board considers only the record of the case; no additional evidence is accepted
4. Decision