The standard of proof utilized in all hearings and appeals to resolve Student Code of Conduct charges shall be that of “preponderance of evidence�. Deviations from prescribed procedures will not necessarily invalidate a decision or proceeding unless significant prejudice to the charged student or student organization is shown to have resulted. Unless otherwise stated, extended in writing, or in exigent circumstances, the time limit for a decision-maker to issue a decision is twenty (20) University business days from the date of the first meeting with the charged student. For good cause, a decision-maker may extend time limits for decisions. Good cause shall include, but not be limited to, the fact that a deadline falls during finals week or during a period such as vacations, finals week, holidays, inter-sessions, summer sessions, or if decision-makers are absent from the University. The decision of the Vice Chancellor for Student Development in all appellate matters is the final decision for the University. However, the Chancellor has the discretionary authority to review decisions at the Vice Chancellor level or below, and the Board of Trustees has the discretionary authority to review decisions of the Chancellor. Such review of disciplinary decisions will take place only in extraordinary cases, such as where serious procedural issues seem to have occurred or where the decision appears to be in direct violation of University policy. Requests for such review normally will be considered only after the prescribed avenues of appeal have been completed. Requests shall be made by written statement that includes the facts of the case, the type of hearing and appeal and the reasons justifying extraordinary review. Such requests must be filed in the Office of the Chancellor within five (5) University business days of the receipt of the appeal decision. If review is granted, the reviewing authority will determine appropriate procedures. New evidence will not normally be considered. Emergency Action The University may impose emergency action upon a student or student organization when there is reason to believe, based upon available evidence, that the student/student organization poses an immediate threat to the safety, health or welfare of persons, property or the orderly operation of the University. This action is warranted by potential or threatened danger or disruption, and indicated only when the serious nature or immediacy of the threat requires immediate action. The action is interim in nature, pending the outcome of disciplinary procedures. Emergency action authorized by this policy includes: Disturbances Related to Mental Health Concerns - the policy outlining how the University may respond to any disturbances by a student that may be related to a mental health concern. The definition of disturbances related to mental health concerns includes, but is not limited to the following behaviors: Self injurious behaviors such as: Overt, self-injurious behaviors (e.g. actions indicating a suicide attempt, self-inflicted wounds, ingestion of toxic substances, overdoses of prescribed medicines.) Other behaviors related to this policy are: (1) Threats of selfinjurious behaviors; (2) Threats of damage to property or other persons; (3) Interference with the normal operations or activities of the University its students, faculty and staff; (4) Acts indicating that the student is out of contact with reality and/or unaware of the consequences of his/her actions. The Office of Judicial Affairs, when made aware of such behaviors, will work with University Housing, and any other offices involved or necessary to determine the best course of action for the University and the involved student(s) according to the procedures outlined in the Behavioral Intervention Team protocol. This action may include the student’s immediate removal from the University or from University Housing. The University, through the Director of Housing and
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