Disciplinary Procedures and Sanctions
The following procedures are designed to protect students’ rights as set forth by the Board of Regents. These disciplinary procedures have been drafted to apply to disciplinary proceedings for violation of the Code of Conduct by individual students. However, the Code of Conduct also applies to and may be enforced against student organizations charged with violation of the Code of Conduct. Accordingly, whenever a student organization is charged with violation of the Code of Conduct, the charged student organization shall have the same rights and obligations under these disciplinary procedures as an individual student, and shall be subject to imposition of the sanctions provided in these disciplinary procedures.
- Allegations of student misconduct shall be forwarded in writing to the University Judicial Officer. The Judicial Officer shall investigate the charges and determine the facts applicable thereto. If allegations are found by the Judicial Officer to be unsubstantiated by the facts, the charges shall be dismissed without record in the file of the student. If facts substantiate the charges, the Judicial Officer may: 1) seek to resolve the matter via informal, oral remonstrance; 2) consult medical or other professional resources and refer the matter to appropriate professional officials or agencies, if it seems appropriate; or 3) determine that one or more of the following formal sanctions is appropriate:
- Written reprimand. A warning that behavior is inappropriate and continuance of such may lead to further disciplinary action, a copy to be placed in the student’s file with a copy to the student.
- Disciplinary probation. A written notice placing a student on probationary status for a specified period of time, including limitation on the student’s University privileges, limitation on participation in University-recognized activities or organizations, or limitation on holding elected or appointed offices in student government or student organizations. If the student repeats the violation or violates other University policies or regulations, the student shall be subject to further disciplinary action, including possible suspension or expulsion.
- Suspension. Involuntary separation from the University for a prescribed period of time, with the opportunity to petition the University for readmission.5 The petition must be submitted, in writing, to the Associate Vice Chancellor for Student Affairs, who shall determine eligibility for and date of (if applicable) readmission.
- Expulsion. Involuntary separation from the University.6
- Restitution. Reimbursement for damage or loss of property or reimbursement for medical expenses incurred by another party as a direct result of the misconduct.
- Behavioral Requirement. Written conditions imposed which establish specified behavioral requirements for the student, including limitation on the student’s University privileges, limitation on participation in University-recognized activities or organizations, or limitation on holding elected or appointed offices in student government or student organizations.
- If a decision is made to seek formal sanctions other than suspension or expulsion, the Judicial Officer shall notify the student, in writing, of the recommended sanction(s). If the student does not accept the recommended sanction(s), he or she may appeal the Judicial Officer’s recommended sanctions to a Judicial Board by submitting a letter, with reasons for the appeal, to the Associate Vice Chancellor for Student Affairs within seven (7) working days of the date of the sanction(s) letter from the Judicial Officer. If the student fails to submit a timely appeal of the Judicial Officer’s recommended sanction(s) within such seven (7) working day period, the Judicial Officer’s recommended sanction(s) shall become final and be in full force and effect. Cases involving recommended suspension or expulsion must be heard by a Judicial Board.
- Each Judicial Board:
- shall consist of four (4) students, two (2) faculty, and one (1) staff member; and
- will select its own chairperson, with all members possessing voting privileges.
- The student:
- shall have at least ten (10) working days in advance of the hearing before the Judicial Board, the right to be informed of the specific charges against him or her and an opportunity to prepare his or her case;
- shall have the right to hear all evidence in support of the charge or charges and to hear and question witnesses; and
- shall have the opportunity to testify and present evidence.
- Both the student and the Judicial Officer:
- shall have the opportunity for advanced inspection of any documents which will be submitted at the hearing before the Judicial Board;
- shall have an opportunity to review a list of witnesses to be called to testify; and
- shall have the right to appear at the hearing before the Judicial Board with an adviser of their choice, who may be an attorney. The adviser will not be allowed to address the Board or otherwise participate in the hearing, but may provide private advice and counsel to the student during the hearing.
- Evidence which would not be admissible in a State Court criminal proceeding by reason of the method or manner in which it was acquired shall not be admitted. Questions regarding the admissibility of evidence may be referred to University legal counsel.
- The Judicial Board shall determine which, if any, of the sanctions should be imposed and submit a written decision, including its finding of the facts, to the student and the Judicial Officer. The decision of the Judicial Board must be based solely upon evidence received at the hearing. The decision of the Judicial Board shall be final unless appealed, by either party, to the Associate Vice Chancellor for Academic and Student Affairs within seven (7) working days.
- A verbatim tape recording of the Judicial Board hearing shall be maintained.
- Either the student or the Judicial Officer may appeal, in writing, the decision of the Judicial Board to the Associate Vice Chancellor within seven (7) working days following the date of the letter stating the decision of the Judicial Board. The written appeal must be sent to the Associate Vice Chancellor, and must include reasons for the appeal based upon one or more of the following grounds: If the appeal is by the student, the student shall provide a copy of his or her appeal to the Judicial Officer. If the appeal is by the Judicial Officer, the Judicial Officer shall provide a copy of the appeal to the student.
- That the student did not receive due process of law.
- That any sanction imposed by the Judicial Board or the failure of the Judicial Board to impose one or more sanctions is not supported by the evidence received by the Judicial Board at the hearing.
- The Associate Vice Chancellor for Student Affairs shall consider the appeal to determine whether or not it merits a review based upon the grounds stated in the appeal. If the Associate Vice Chancellor in the exercise of his or her sole discretion determines that the appeal does not merit review, a decision stating such shall be forwarded to the student and the Judicial Officer. If the Associate Vice Chancellor in the exercise of his or her sole discretion determines that the appeal merits review, he/she shall refer the appeal to a new Judicial Board. The new Judicial Board sitting as an appeals board shall consider the appeal without hearing and shall submit its written decision to the student and the Judicial Officer, including a decision of which sanctions, if any, are to be imposed. The appellate decision of the Judicial Board sitting as an appeals board shall be final.
- The members of each Judicial Board shall be selected by lot from the Judicial Committee by the Vice Chancellor for Academic and Student Affairs or his or her designee. This Committee shall be established by July 1 for each year, and shall be composed of the following:
- fifteen (15) students appointed by Student Government with the advice and consent of the Student Senate;
- eleven (11) faculty appointed by the Faculty Senate President and with the consent of the Faculty Senate;
- seven (7) staff with four (4) appointed by the Staff Advisory Council from employees in the Managerial/Professional and Office/Service categories, and three (3) appointed by the Chancellor from administrators in the Academic/Administrative category.
- If it is not possible to construct a full board, additional persons in the category with insufficient members available to serve may be selected in blocks of three (3) at a time by the same process as stated above in a., b., and c.
- All Judicial Board hearings and deliberations, including deliberations of a Judicial Board sitting as an appeals board, shall be closed.
- Any student charged with a violation(s) of the Code of Conduct has the right to maintain status as a student and to attend classes while the student’s case is pending final decision within the University system unless the student’s continued presence constitutes an immediate harm to the student charged, or others, as determined by the Vice Chancellor for Student Affairs in the exercise of his or her reasonable discretion.
1. The illegal possession, use or distribution of drugs or alcohol by students is a violation of University rules as well as state and federal laws. The Board of Regents of the University has directed officers of the University to cooperate with state and federal agencies in the prevention of drug abuse. In satisfaction of this mandate and in order to fulfill its obligations under the Drug Free Workplace Act of 1988 and the Drug Free Schools and Communities Act of 1989, the University has formulated standards of conduct for students which prohibit the acts of misconduct provided in this section both on campus or at University-sponsored events.
2. Not only may disciplinary action be taken for failure to pay financial obligations, but the student will be denied access to grade reports, future registrations, readmission, diplomas, and transcripts.
3. Additional information regarding University Executive Memorandum No. 16 and the Computer Usage Policy can be found at its.unomaha.edu
4. As part of the education and learning experience, students routinely take notes in the courses in which they are enrolled. With the permission of the instructor, an enrolled student may also make audio and/or visual records of a course presentation. These notes and records may be used for the purposes of individual or group study so long as such use is non-commercial. The University has the authority (1) to regulate the nature of the commercial activity which takes place on its premises and/or with the use of its resources, and (2) to protect its intellectual property, as well as that of its faculty and employees.
5. In the case of a student organization, suspension shall also include withdrawal of recognition by the University for a prescribed period of time, with the opportunity to petition the University for reinstatement of recognition.
6. In the case of a student organization, expulsion shall also include withdrawal of recognition by the University.