IX. Special Circumstances and Conditions
9.1 Interim, Temporary, and/or Emergency Suspension
Under certain exigent circumstances, such as actions or threats of actions indicating a serious threat to the welfare and/or safety of persons or property, expedited, temporary suspension of a student may be necessary or appropriate. No hearing will be required before a temporary suspension is imposed. However, one will be convened within five (5) University business days following the suspension. If the suspension is upheld, the suspension remains subject to the rules outlined in the Conduct Suspension portion of the Code and remains a matter of permanent record.
Conditions under which interim suspension may be imposed, include but are not limited to: (a) to ensure the health, safety, or well-being of members of the University community; (b) to preserve University property; (c) to ensure the suspended student’s own health, safety, and/or well-being; or (d) to ensure against disruption of, or interference with, the normal operations of the University.
The Vice President (or designee) may modify terms of an interim suspension at any time. Additionally, the Vice President (or designee) shall have the authority to impose on an interim basis and in accordance with these procedures, any lesser sanction, including but not limited to, specifically restriction of privileges, removal from a class, and removal from University housing.
Student organizations shall be subject to interim suspension by action of the Vice President (or designee) under the same circumstances and upon the same procedures as set forth above.
9.2 Registration and/or Graduation Hold
If a student (new, current, or returning) fails to respond to a request to meet to discuss an alleged violation of the Code or fails to comply with sanctions or terms and conditions assigned as a result of being found responsible for a violation of the Code, a hold may be placed on the student’s eligibility to register or the student’s current registration may be canceled. If registration is canceled, eligibility for any refund of tuition/fees will be subject to the University’s withdrawal policy. A student may not be permitted to graduate while disciplinary action is pending.
9.3 Returning and/or New Students
If a student commits an act that violated the Code during a period of non-enrollment, a registration hold may be placed to prevent the student’s registration until a hearing may be held on the matter. The student may be notified about these holds at the time the University is first notified about the incident, or notice may be provided when the student subsequently requests enrollment. In addition, a hearing officer, in consultation with the Vice President (or designee), may place a registration hold to deny a student the eligibility to register. Reasons may include, but are not limited to, the student’s arrest or criminal charges pending against the student, serious concerns about the health and/or safety of the student or others in the University community, and/or reasons otherwise provided by University and/or SBHE policy.
9.4 Involuntary Withdrawal
A student may be involuntarily withdrawn from the University when sufficient concern arises for the health and safety of others. In such instances, the student will not be allowed to return to the University until such time that the student may evidence a concern for the health and safety of others no longer exists. Once a student is involuntarily withdrawn, the student will have the opportunity to meet with the Vice President (or designee) within five (5) University business days to discuss the circumstances surrounding the involuntary withdrawal and under which circumstances reinstatement will be considered. The student may appeal the involuntary withdrawal to the Vice President (or designee).
9.5 Crimes of Violence
The term “crimes of violence” means an offense that has an element of use, attempted use, or threatened use of physical violence against the person or property of another OR any other offense that is a felony, and that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. Examples include, but are not limited to arson, auto theft, assault, aggravated assault, burglary, kidnapping/abduction, manslaughter, murder, resisting arrest by threat or physical force, robbery, vandalism, and sexual offenses. In cases of crimes of violence, the Vice President (or designee) may increase, but not decrease, timelines stated in the Code.
Individuals who are victims of crimes of violence have a right to be notified of the outcome of complaint resolution procedures, upon written request to the Vice President (or designee). If the victim is deceased because of such crimes or offenses, the next of kin of such victim shall be treated as the alleged victim. Contents of the notification shall be limited to the responsible student(s), part(s) of the Code violated, and assigned sanction(s). Individuals in receipt of this information may assume personal civil liability for releasing this information to others.
9.6 Incarcerated Students
In cases involving incarceration, a hearing will be held when the student is available for a hearing. Under these circumstances, the Vice President (or designee) may determine that an administrative hearing be held rather than a Conduct Board hearing.