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Board of Regents' Policy

• Part IX - Student Affairs
  • Regents' Policy 
    • Chapter 09.02 - Student Rights and Responsibilities
    • Chapter 09.03 - Student Dispute Resolution 
  • University Regulation
    • Chapter 09.02 - Student Rights and Responsibilities
• Part II - Administration
  • Regents' Policy
    • Chapter 02.09 - Public Safety
  • University Regulation
    • Chapter 02.09 - Public Safety

PART IX – STUDENT AFFAIRS

Regents' Policy
Chapter 09.02 - Student Rights and Responsibilities^

P09.02.010. General Statement: Student Rights and Responsibilities.

1. The university will maintain an academic environment in which the freedom to teach, conduct research, learn, and administer the university is protected. Students will enjoy maximum benefit from this environment by accepting responsibilities commensurate with their role in the academic community.  The principles found herein are designed to facilitate communication, foster academic integrity, and defend freedoms of inquiry, discussion, and expression among members of the university community.
2. Students will have the right:
   1. to pursue an education free from illegal discrimination and to be judged on the basis of relevant abilities, qualifications, and performance;
   2. to fair and impartial academic evaluation and a means of recourse through orderly procedures to challenge action contrary to such standard;
   3. to free inquiry and expression;
   4. to access their own personnel and education records and to have the university maintain and protect the confidential status of such records, as required by appropriate legal authority;
   5. through student representatives, to participate in formulating and evaluating institutional policies;
   6. to organize and join associations to promote their common and lawful interests;
   7. to be able to protest on university premises in a manner which does not obstruct or disrupt teaching, research, administration, or other activities authorized by the university;
   8. to an academic environment conducive to intellectual freedom;
   9. to a fair and orderly disciplinary process; and
   10. to have access to accurate information regarding tuition, fees and charges, course availability, general requirements for establishing and maintaining acceptable academic standing, and graduation requirements.
3. Students will be expected to balance these rights with the responsibility to respect the learning environment for others and for themselves and to make their best effort to meet academic challenges undertaken.  Students will be responsible for compliance with the University of Alaska Student Code of Conduct.  
4. Information regarding student rights and responsibilities will be set forth in student handbooks and made available in libraries, student affairs offices, and/or electronically.  Students will be expected to make a good faith effort to become knowledgeable about their rights and responsibilities as students. 

(11-20-98)

P09.02.020. Student Code of Conduct. 

1. As with all members of the university community, the university requires students to conduct themselves honestly and responsibly, and to respect the rights of others.  Conduct that unreasonably interferes with the learning environment or that violates the rights of others is prohibited by the standards and guidelines described in this section and in university regulation and MAU rules and procedures, collectively referred to as the Student Code of Conduct, or code.  Students and student organizations will be responsible for ensuring that they and their guests comply with the code while on property owned or controlled by the university or at activities authorized by the university.
2. Disciplinary action may be initiated by the university and disciplinary sanctions imposed against any student or student organization found responsible for committing, attempting to commit, or intentionally assisting in the commission of any of the following prohibited forms of conduct:
   1. cheating, plagiarism, or other forms of academic dishonesty;
   2. forgery, falsification, alteration, or misuse of documents, funds, or property;
   3. damage or destruction of property;
   4. theft of property or services;
   5. harassment;
   6. endangerment, assault, or infliction of physical harm;
   7. disruptive or obstructive actions;
   8. misuse of firearms, explosives, weapons, dangerous devices, or dangerous chemicals;
   9. failure to comply with university directives;
   10. misuse of alcohol or other intoxicants or drugs;
   11. violation of published regents’ policy, university regulation, rules, or procedures; or
   12. any other actions that result in unreasonable interference with the learning environment or the rights of others.
3. Examples of actions that constitute these prohibitions will be described in the university regulation and MAU rules and procedures.
4. This policy and university regulation and MAU rules and procedures are not intended to define prohibited conduct in exhaustive terms, but rather to set forth examples to serve as guidelines for acceptable and unacceptable behavior.
   

(11-20-98)

P09.02.030. Scope of University Authority for Violations of the Student Code of Conduct. 

1. Violations of the Student Code of Conduct that  occur on property owned or controlled by the university, or at activities authorized by the university, are subject to university judicial review and disciplinary action by the university.  Student behavior which, were it to occur on property owned or controlled by the university or at activities authorized by the university, would constitute a code violation is subject to disciplinary sanction when the university determines that the behavior would likely have an adverse impact on the health or safety of members of the university community, regardless of where the behavior occurs.  Students who are charged with violations of local, state, or federal laws may be subject to disciplinary action by the university if the offenses are also violations of the code.  University judicial procedures and disciplinary actions are independent of and may precede, follow, or take place simultaneously with criminal proceedings.  University actions will not be subject to challenge on the grounds that criminal charges involving the same incident have been dismissed or reduced.
2. A student who has been charged with a violation of the code and refuses to participate in the judicial process may be prohibited from re-enrolling in the university until the charges are resolved to the satisfaction of the university. 

(11-20-98)

P09.02.040. University Judicial Procedures.

Procedures for code violations will be set forth in university regulation and MAU rules and procedures and will provide for appropriate process. Failure to adhere to these procedures provides no basis for relief outside the university unless the failure seriously impairs substantive rights and violates minimum due process rights of the party.

(11-20-98)

P09.02.050. Disciplinary Sanctions and Reinstatement of University Benefits.  

1. In accordance with AS 14.40.240, the president is authorized to delegate the president’s authority to suspend, expel, and reinstate a student.
2. The president or designee is authorized to revoke a degree that has been conferred by the board if a student has been found to have committed academic misconduct in pursuit of that degree.
3. Other sanctions for misconduct, and designation of the authority to impose these sanctions, may be established by the president in university regulation.
4. Sanctions may be imposed on individual students who violate the code.  Sanctions may also be imposed on a student organization when the organization violates the code or when a member’s misconduct is attributable to the organization.  Disciplinary sanctions imposed on a student by one MAU will be effective throughout the university system.
5. A summary restriction is an immediate and temporary limitation on a student's access to the university or university services or functions pending the outcome of the university judicial process.  A summary restriction may be imposed on a student prior to a judicial review or hearing if the chancellor or designee determines that the student poses a clear and present threat to the student's safety or to the safety of other members of the university community, or is obstructing or disrupting teaching, research, administration, or other activities authorized by the university.

(11-20-98)

P09.02.060. Opportunity for Review of Decisions from Judicial Proceedings.

Accused students will be notified in writing of decisions or sanctions resulting from university judicial proceedings affecting them, in accordance with university regulation and MAU rules and procedures.  Such notification will be accompanied by information regarding any additional review process.

(11-20-98)

P09.02.070. Records and Confidentiality Regarding Conduct Violations.

The management of student records pertaining to the violation of the Code, and the confidentiality accorded these records, will be set forth in regents’ policy, university regulation, and MAU rules and procedures regarding education records. 

P09.02.080. Final University Decision.

A final university decision is one for which there is no further review within the university.  The university will inform the student in writing and in accordance with university regulation when a decision constitutes the university’s final decision.  Where applicable, the notification of final decision will also state that further redress of a final decision may be had only by filing an appeal with the Superior Court of Alaska in accordance with Alaska Appellate Rule 602(a)(2) within thirty (30) days from the date of the final decision.

(11-20-98)

Chapter 09.03 - Student Dispute Resolution^ 

P09.03.010. General Statement: Student Dispute Resolution.

The university will provide fair and expeditious procedures for students to contest actions or decisions that adversely affect them. These procedures will be published in student catalogs or handbooks. Students may direct a complaint to the MAU senior student services officer, the chief academic officer, the chief administrative services officer, or designee.  This official will initiate action to resolve the complaint or will inform the student of the appropriate procedure, if any, for review of the action or decision in dispute. Actions or decisions of the board or the substance of regents’ policy, university regulation, and MAU rules and procedures are not subject to review pursuant to the provisions of this policy.

P09.03.020. Informal Dispute Resolution Procedures.

Unless specified to the contrary, the first step for a student to challenge a university action or decision will be to seek an informal resolution with the person responsible for the decision or action, or with the person’s immediate supervisor.

P09.03.022.  Formal Review Procedures.

If the matter is not resolved informally, a student may submit a written statement to initiate one of the following formal review procedures.  A request for formal dispute resolution may not be filed under more than one procedure, or more than once on an issue.  Each procedure will include at least one level of review prior to the final decision, and will provide due process appropriate to the issue.

P09.03.023.  Review of Student Employment Decisions or Actions.

Issues related to student employment will be reviewed in accordance with the grievance procedure specified in regents’ policy on human resources, except as specifically modified by regents’ policy on employment of students.

(11-20-98)

P09.03.024.  Review of Academic Decisions or Actions.

Challenges to academic decisions or actions of the faculty or academic administration will be reviewed in accordance with the procedures set forth in the accompanying university regulation and in MAU rules and procedures.  Appropriate issues for this procedure include such things as alleged arbitrary or capricious dismissal from or denial of admission to an academic program based upon academic considerations, or assignment of final grades.  Only the course instructor or a review body, which will be composed of faculty and a non-voting student representative, may authorize a change in the assignment of a final grade.

P09.03.025.  Review of University Judicial Decisions or Disciplinary Sanctions.

Challenges of university judicial decisions or disciplinary sanctions related to behavioral or academic misconduct will be reviewed in accordance with procedures set forth in university regulation on student rights and responsibilities and in MAU rules and procedures.

P09.03.026.  Review of Administrative Decisions or Actions.

Chancellors will be responsible for providing and promulgating MAU rules and procedures that provide a mechanism for students to challenge certain administrative decisions or actions not otherwise covered in this policy.  Not all administrative decisions and actions will be subject to challenge.

P09.03.028.  Final Decision.

At the end of the review proceedings the university will issue a written decision, identified as the "final decision,” after which point the matter under dispute will not be reviewed further by the university.  Notification of the final decision will be made in accordance with regents’ policy on student rights and responsibilities regarding seeking further redress in the court system to university decisions and actions. Where applicable, the notification of final decision will also state that further redress of a final decision may be had only by filing an appeal with the Superior Court of Alaska in accordance with Alaska Appellate Rule 602(a)(2) within thirty (30) days from the date of the final decision.  See also P09.02.080.

R09.03.029.  Eligibility for Services Pending Final Decision in the Review Process

Eligibility for services pending a final decision in the review process is contained in university regulation.

(11-20-98)

P09.03.030. Confidentiality. 

1. Access to files pertaining to student disputes will be governed by state and federal laws and regulations, regents’ policy, university regulation, and MAU rules and procedures and may vary with the issue under review and the review process.
2. The university cannot guarantee confidentiality but will make a reasonable effort to preserve the legitimate privacy interests of the persons involved.  In order to preserve the legitimate privacy interests of the persons involved, all participants in the proceedings will be expected to maintain confidentiality.
   
3. The person in charge of the review procedure may release information if appropriate permission from the parties is provided or if other applicable legal requirements are met.

(11-20-98)

University Regulation
Chapter 09.02 - Student Rights and Responsibilities^

R09.02.010.  General Statement: Student Rights and Responsibilities

The purpose of this regulation is to further define the University of Alaska’s Student Code of Conduct, or Code, and to establish a framework for the enforcement of the Code.  These procedures, and their elaboration in MAU rules and procedures, will allow for fact-finding and decision-making in the context of an educational community, encourage students to accept responsibility for their actions, and provide procedural safeguards to protect the rights of students and the interests of the university.  These procedures are applicable to all students and student organizations.

R09.02.020.  Student Code of Conduct

Disciplinary action may be initiated by the university and disciplinary sanctions imposed against any student or student organization found responsible for committing, attempting to commit, or intentionally assisting in the commission of any of the following categories of conduct prohibited by the Code.

The examples provided in this section of actions constituting forms of conduct prohibited by the Code are not intended to define prohibited conduct in exhaustive terms, but rather to set forth examples to serve as guidelines for acceptable and unacceptable behavior.

1. Cheating, Plagiarism, or Other Forms of Academic Dishonesty
   Examples include:
   1. using material sources not authorized by the faculty member during an examination or assignment;
   2. utilizing devices that are not authorized by the faculty member during an examination or assignment;
   3. providing assistance to another student or receiving assistance from another student during an examination or assignment in a manner not authorized by the faculty member;
   4. presenting as their own the ideas or works of another person without proper acknowledgment of sources;
   5. knowingly permitting their works to be submitted by another person without the faculty member’s permission;
   6. acting as a substitute or utilizing a substitute in any examination or assignment;
   7. fabricating data in support of laboratory or field work;
   8. possessing, buying, selling, obtaining, or using a copy of any material intended to be used as an instrument of examination or in an assignment in advance of its administration;
   9. altering grade records of their own or another student’s work; or
   10. offering a monetary payment or other remuneration in exchange for a grade.
2. Forgery, Falsification, Alteration, or Misuse of Documents, Funds or Property
   Examples include:
   1. forgery, falsification, or alteration of records or deliberate misrepresentation of facts on university forms and documents or to any university official or before a university judicial hearing board;
   2. misuse or unauthorized use of university identification cards, keys, funds, property, equipment, supplies or resources;
   3. falsely representing oneself as an agent of the university, incurring debts or entering into contracts on behalf of the university; or
   4. trespassing or unauthorized entry into, unauthorized presence on, or use of property which is owned or controlled by the university;
3. Damage or Destruction of Property
   Examples include:
   1. damage or destruction to property owned or controlled by the university;
   2. damage or destruction of property not owned or controlled by the university if the action constitutes a violation of the Code, e.g.:
      1. the action occurred during an event authorized by the university;
      2. the student was a representative of the university, such as an athlete, and the action occurred while traveling to or from an event authorized by the university; or
      3. the property not owned or controlled by the university was located on university property.
4. Theft of Property or Services
   Examples include:
   1. theft or unauthorized possession or removal of university property or the property of any university member or guest that is located on property owned or controlled by the university; or
   2. theft or unauthorized use of university services or unauthorized presence at university activities without appropriate payment for admission.
5. Harassment
   Examples include:
   1. physical or verbal abuse;
   2. sexual harassment;
   3. intimidation; or
   4. other conduct, including hazing, which unreasonably interferes with or creates a hostile or offensive learning, living, or working environment.
6. Endangerment, Assault, or Infliction of Physical Harm
   Examples include:
   1. physical assault;
   2. sexual misconduct and assault;
   3. terrorist threats;
   4. hazing or coercion that endangers or threatens the health or safety of any person, including oneself; or
   5. conduct which causes personal injury.
7. Disruptive or Obstructive Actions
   Examples include:
   1. obstructing or disrupting teaching, research, administration, disciplinary proceedings, or other activities authorized by the university;
   2. interfering with the freedom of movement of any member or guest of the university to enter, use or leave any university facility, service or activity; or
   3. taunting or physically harassing wildlife or otherwise creating an unsafe or hazardous environment involving wildlife on property owned or controlled by the university.
8. Misuse of Firearms, Explosives, Weapons, Dangerous Devices, or Dangerous Chemicals
   Example: 
   1. unauthorized use, possession, or sale of these items on property owned or controlled by the university, except as expressly permitted by law, Regents’ Policy, University Regulation, or MAU rules and procedures.
9. I.Failure to Comply with University Directives
   Examples include:
   1. failure to comply with the directions of law enforcement officers or university officials acting in the performance of their duties;
   2. failure to identify oneself to university officials when requested; or
   3. failure to comply with disciplinary sanctions imposed by the university.
10. Misuse of Alcohol or Other Intoxicants or Drugs
    Examples include:
    1. use, possession, manufacture, distribution, or being under the influence of alcoholic beverages on property owned or controlled by the university or at activities authorized by the university, except as expressly permitted by law, Regents’ Policy, University Regulation, or MAU rules and procedures; or
    2. use, possession, manufacture, distribution, or being under the influence of any narcotic, controlled substance, or intoxicant on property owned or controlled by the university or at activities authorized by the university, except as expressly permitted by law, Regents’ Policy, University Regulation, or MAU rules and procedures.
11. Violations of Regents’ Policy, University Regulation, or MAU Rules and Procedures
    [RESERVED]

R09.02.03 Scope of University Authority for Violations of the Student Code of Conduct

[RESERVED]

R09.02.040.  University Judicial Procedures

1. Authority and Responsibilities of Judicial Officer
   Each chancellor will appoint a judicial officer experienced in student disciplinary proceedings who will supervise and implement a judicial review process for student disciplinary matters for the MAU.  The judicial officer will consult with extended site directors prior to delegating student disciplinary responsibilities to staff located on extended sites.  Judicial officers or designees have authority over disciplinary proceedings and are responsible for:
   1. serving as, or designating, a review officer to conduct administrative reviews or judicial board hearings;
   2. presenting, or designating a person to present, the university’s case before a judicial board;
   3. assembling the members of judicial boards; and
   4. modifying timelines associated with judicial proceedings in order to accommodate the academic calendar and for other reasons deemed appropriate by the officer.
2. Students Living on Campus
   The chancellor may establish in MAU rules and procedures a judicial process specifically designed for students living on campus for matters relating to residence life.  Such processes must comply with Regulation 09.02.01.
3. Rights Afforded Students in Judicial Proceedings
   1. The university will afford each student subject to judicial proceedings due process appropriate to the alleged violation and the magnitude of the potential sanction(s).
   2. If an accused student chooses to remain silent or does not participate in a judicial proceeding, decisions will be based on available information.
   3. A student may be accompanied by an advisor, who may be an attorney, during judicial proceedings.  The advisor’s role will be determined by the rules governing the proceedings.
   4. Students may have copies of the records of their judicial proceedings at their own expense.
   5. Students may appeal decisions to impose minor sanctions and/or the severity of the sanction to the senior student services officer or designee.  Students will be afforded an opportunity to provide comments to the senior student services officer on recommendations to impose major sanctions.
4. Rights Afforded Injured Parties During the Judicial Process
   1. The university will consider the needs and circumstances of injured parties, especially victims of personal injury and/or sexual assault.  The university will take such measures as it deems reasonable to prevent the unnecessary exposure of victims of personal injury and/or sexual assault.
   2. An alleged victim of personal injury or sexual assault will be provided such information regarding the judicial process and the university’s responses as is required by law.
5. Overview of University Judicial Review Procedures
   1. Definitions
      1. Judicial Procedure
         A judicial procedure is a review undertaken by the university to establish whether there is substantial information to determine whether it is more likely than not that a student violated the Code.
      2. Major Sanctios
         Major sanctions include suspension, expulsion, revocation of a degree, and other sanctions specified by MAU rules and procedures as being major sanctions.
      3. Minor Sanction
         Minor sanctions are those other than ones specified as major sanctions.
   2. After an allegation of misconduct is made, judicial review procedures will commence with a preliminary investigation, at the conclusion of which the judicial officer or designee will determine:
      1. whether to dismiss the charges; or
      2. whether the allegations, if true, would likely result in imposition of a minor sanction, in which case the matter continues with an administrative review; or
      3. whether the allegations, if true, would likely result in imposition of a major sanction, in which case the student is provided the opportunity to choose between a judicial board hearing or an administrative review.
   3. A judicial board hearing is only available to students deemed subject to imposition of a major sanction.  In a judicial board hearing the matter is reviewed by a panel of students and faculty and students are afforded the opportunity to be represented by legal counsel.
   4. An administrative review is conducted by the judicial officer or designee and is intended to be an expedited process for examination of information and decision making.  An administrative review is the only review process for matters involving imposition of a minor sanction.  A student charged with infractions of the Code which would be subject to a major sanction may choose to have the matter investigated by an administrative review, but in so doing will be required to waive certain processes otherwise available under the judicial board hearing.
   5. An imposition of a minor sanction following a judicial board hearing or administrative review may be appealed to the senior student services officer, whose decision on the matter constitutes the final decision for the university.
   6. Findings, conclusions, and recommendations from either the judicial board or administrative review process to impose a major sanction proceed to the chancellor after review by the senior student services officer.  Opportunity will be provided to the student to comment on the administrative review or judicial board hearing.  The decision of the chancellor is the final decision for the university.
6. Initiation of a Judicial Review
   1. Any university student, faculty or staff member may initiate a disciplinary action against a student for violation of the Code.  Allegations of Code violations must be in writing, signed by the complaining party, and submitted to the judicial officer or designee in accordance with MAU rules and procedures.
   2. The judicial officer or designee will review the allegations and conduct an appropriate preliminary investigation to determine:
      1. whether to dismiss the matter because insufficient information exists to support the accusation; or
      2. whether sufficient information exists to warrant further judicial proceeding, and, if so,
      3. whether the charges, if substantiated, will subject the student to a major or a minor sanction.
   3. The judicial officer or designee will send the student written notification:
      1. of the allegations of misconduct and the provisions of the Code which allegedly have been violated;
      2. of the judicial officer’s or designee’s name, telephone number, and office location; and the time period in which to schedule a meeting to review the charges;
      3. of whether a major or minor sanction is likely to be imposed should the charges be substantiated, and
         (1)    if a minor sanction is likely, that the matter will be pursued with an administrative review; or
         (2)    if a major sanction is likely, that the student has a choice between an administrative review or a judicial board hearing; and
      4. that, should the student fail to schedule a meeting, the meeting will be scheduled by the judicial officer or designee.
   4. Should a student fail to schedule a meeting within the time period specified in the notification of charges, the judicial officer or designee will schedule the meeting and notify the student in writing at least three class days in advance of the scheduled meeting that, should the student fail to respond or appear, the judicial officer or designee will schedule an administrative review and that the student will have waived the opportunity for review by a judicial board hearing.
   5. A student under review for matters which could result in the imposition of a major sanction will be provided a written explanation of the differences between an administrative review and a judicial board hearing.  The student's choice of procedure must be stated in writing. 
      1. If the student chooses an administrative review, the student must also waive, in writing, rights to procedures in the judicial board hearing which are not included in an administrative review.
      2. If the student chooses a judicial board hearing, the student will be notified in writing that:
         (1)    the names of witnesses, copies of any witnesses’ written statements, or other documents on which the university will rely will be made available to the student for review at least three class days prior to the hearing;
         (2)    the student must submit to the judicial officer or designee at least three class days prior to the hearing the names of witnesses, copies of any witnesses’ written statements, or other documents on which the student will rely; and
         (3)    the student is to have no contact with any judicial board members or alleged victims involved in the matter, and, where appropriate, limited contact with other individuals involved with the hearing.
7. General Rules and Procedures for Administrative Reviews and Judicial Board Hearings
   1. The university judicial system is not a court of law and is not held to standards applied in criminal proceedings.  Formal rules of evidence will not apply.  Testimony containing hearsay may be heard, taking into account the reliability of the information.  Findings and conclusions will be based upon information presented during the review or hearing.
   2. Reviews and hearings will ordinarily be scheduled between three and fifteen class days after written notice has been sent to the student, at times determined by the judicial officer or designee. 
   3. The judicial officer or designee will conduct an administrative review or chair a review by the judicial board.
   4. Should a student fail to appear for an administrative review or judicial board hearing, the judicial officer or designee may determine to proceed with the review or hearing without the student.
   5. Reviews or hearings may be conducted by audio conference or at an off-campus location, if directed by the judicial officer or designee.
   6. The judicial officer or designee will establish reasonable rules for the conduct of the review or hearing, and will make them available to all parties.
   7. Students may select an advisor for assistance during the proceedings.  Should the student choose an attorney for an advisor, the student is responsible for the attorney's fees and legal costs regardless of the outcome of the review or hearing.
   8. An administrative review or judicial board hearing will result in the preparation of written findings and conclusions.  Conclusions will result in one of the following:
      1. Charges are dismissed.
      2. A minor sanction is imposed. 
         If a minor sanction is imposed, the judicial officer or designee will send the student written notification of the decision and appeal rights within 10 class days of the conclusion of an administrative review or judicial board hearing.
      3. A major sanction is recommended.
         If a major sanction is recommended, the judicial officer or designee will, within ten class days of the conclusion of an administrative review or judicial board hearing:
         (1)    send the student written notification of the decision and of the right to provide comment to the senior student services officer; and
         (2)    forward the record of the administrative review or judicial board hearing to the senior student services officer.
8. Rules and Procedures Specific to an Administrative Review
   1. At the scheduled meeting the review officer will review the allegations and available information regarding the matter.  The student, if present, will be given the opportunity to present information, explanations, and/or mitigating factors for the alleged violation.
   2. Administrative reviews will be closed proceedings unless otherwise authorized by the judicial officer or designee.
   3. An advisor for the student may be present during the hearing, but may not represent the student in the proceedings, nor speak or ask questions on the student's behalf unless authorized by the judicial officer or designee.
   4. If, during an administrative review for a charge originally determined to be subject to imposition of a minor sanction, new information is presented that could make the student subject to a major sanction, the student must be offered, in writing, the opportunity for review by a hearing board or for continuing with the administrative review.  The student’s choice must be indicated in writing.  If the student chooses to continue with the administrative review, the student must also waive, in writing, rights to the processes in the judicial board hearing which are not included in an administrative review.
9. Rules and Procedures Specific for Conducting a Judicial Board Hearing
   1. Judicial Board Composition
      Two currently enrolled students in good academic and disciplinary standing and three university faculty and/or staff members will be appointed in accordance with MAU rules and procedures to serve on a judicial board.  The members of the board must be unbiased and may be selected from another campus or site.
   2. The accused student will be notified, in writing, at least five class days prior to the judicial board hearing of the names of potential judicial board members.  The student may object to a member on the basis of bias, provided the student notifies the judicial officer or designee in writing at least three class days prior to the scheduled hearing and states reasons for believing the board member is biased.  The judicial officer or designee will have discretion to either uphold the appointment or have the board member replaced.
   3. The accused student may choose between an open or closed hearing to the extent that such choices are permitted by state and federal laws.  A hearing will be closed unless the student makes a written request at least one day in advance of the hearing to the judicial officer or designee for an open hearing.  In order to protect privacy or other rights of individuals involved in a proceeding, however, the judicial officer or designee may determine that all or portions of the hearing will be closed.  Witnesses may attend the hearing only during their testimony.
   4. An advisor for a student may be present and may represent the student during the hearing.
   5. The accused student will have the opportunity to question and hear all witnesses relied upon by the university.
   6. The accused student will have the opportunity to present a defense, including introduction of relevant exhibits, affidavits, or witnesses, in addition to any information, explanations, and/or mitigating factors presented during the preliminary investigation of charges.  Admission of and restrictions on exhibits and other evidence will be at the discretion of the judicial officer or designee.
   7. The judicial board will deliberate in closed session and make its determination within five class days of the conclusion of the hearing, unless an extension is provided by the judicial officer or designee.
10. Appeal Procedure for Minor Sanctions
    An accused student may appeal a decision to impose a minor sanction to the senior student services officer or designee
    1. Appeals may be made on the basis that:
       1. a material procedural error was made during the process which would have changed the outcome of the matter;
       2. the sanction imposed was clearly excessive for the violation committed;
       3. newly discovered information exists which the student could not reasonably have been expected to know of or discover through diligence prior to the conclusion of the matter and which information, if known, would clearly have affected the outcome of the matter; or
       4. the decision is not supported by substantial information.
    2. Appeals must be submitted in writing within seven class days of the day the decision is sent to the student, and in accordance with MAU rules and procedures.
    3. The senior student services officer or designee will conduct a review of the record and will ordinarily render a decision within seven class days of receipt of the appeal.  The senior student services officer may:
       1. affirm a decision and/or sanction;
       2. dismiss the case;
       3. lessen a sanction;
       4. refer the matter back for further review;
       5. authorize a new administrative review or judicial board hearing; or
       6. take such other action as the senior student service officer or designee deems appropriate.
    4. The decision of the senior student services officer or designee constitutes the university’s final decision on the matter.  Notification to the student must be made in writing and in accordance with Regents’ Policy and University Regulation.
11. Review Procedures for Major Sanctions
    A recommendation to impose a major sanction from an administrative review or judicial board hearing is automatically forwarded to the senior student services officer or designee for review.
    1. The accused student will be given an opportunity to comment upon the findings, conclusions, and recommendation of the administrative review or judicial board hearing. Comments must be submitted in writing within seven class days of the day the findings, conclusions, and recommendation are sent to the student, and in accordance with MAU rules and procedures.
    2. The senior student services officer or designee will conduct a review of the record within 14 class days and may:
       1. affirm or modify the recommendation for a major sanction and forward the recommendation to the chancellor;
       2. dismiss the case;
       3. lessen the sanction;
       4. refer the matter back for further review;
       5. authorize a new administrative review or judicial board hearing; or
       6. take such other action as the  senior student service officer or designee deems appropriate.
    3. If the senior services officer has recommended a major sanction, the chancellor will review the record and, ordinarily, render a decision within seven class days of receipt of the recommendation.  The chancellor may dismiss the charges, impose a major or minor sanction, or take such other action as the chancellor deems appropriate.
    4. The decision of the chancellor constitutes the university’s final decision on the matter.  Notification to the student must be made in writing and in accordance with Regents’ Policy and University Regulation.