Procedures at IU Bloomington

II. Student Disciplinary Procedures

B. Personal Misconduct
1. Judicial Conference

If the Dean of Students initiates disciplinary proceedings after receiving documentation that alleges student misconduct, the student is required to attend a judicial conference. The disciplinary process is finalized in most cases at the conclusion of the judicial conference.

  1. When the student attends the judicial conference, as required, the Dean of Students or a designee shall inform the student as fully as possible of the facts alleged. The student may, but need not respond to allegations.
  2. If, after discussion and any necessary investigation, the Dean of Students determines that the violation alleged is not supported by clear and convincing evidence, the Dean of Students shall dismiss the accusation and notify the student.
  3. If, after discussion, the Dean of Students believes that the violation occurred as alleged, the Dean of Students shall so notify the student and shall propose a sanction by means of a written notice. The student, by such notice, may either consent to the determination and imposed sanction or request a formal hearing before a hearing commission (see 2. Formal Hearing).
  4. A victim who has participated in the judicial conference may request a delay in approval of decisions regarding responsibility and sanctions until after a reconvening of the conference if any of the following criteria are met:
    • A substantive procedural error
    • New evidence is presented that was not available at the time of the judicial conference and is relevant to establish that the accused student may be responsible for misconduct as charged
    • Substantial bias on the part of the hearing officer/s
  5. The request for delay must be submitted to the Dean of Students within two (2) days of the initial judicial conference.

  6. If no written request for a formal hearing is received by the Dean of Students within the time specified (see 2. Formal Hearing), no hearing shall be held. The sanction(s) proposed by the Dean of Students shall be imposed, and the action shall be final.
  7. If a student fails to appear at the judicial conference, the student may explain the failure to appear in writing to the Dean of Students within 10 days of the scheduled conference. Written documentation supporting the cause of absence must be included. Within 10 days after receiving the student’s letter, the Dean of Students will notify the student whether the judicial conference may be rescheduled.
  8. If a student fails to appear and that absence is not excused for good cause, the Dean of Students may decide, in the student’s absence, whether the violation occurred as alleged. The student will be notified in writing of the decision by the Dean of Students within 10 days of approval. Unless the sanction imposed is any one or a combination of expulsion from university housing, suspension from the university, or expulsion from the university, the student’s right to any further hearings automatically will be forfeited, and the sanctions imposed in absentia will go into effect.
  9. Sanctions: The Dean of Students is authorized to impose any one or a combination of the following sanctions after finding a student responsible for acts of personal misconduct. Guidelines for the length of time records are maintained are indicated below. If a student has more than one incident in the file, the incident to be kept on file the longest will determine the length of time all records are kept.
    1. Reprimand and Warning. A student may be given a reprimand accompanied by a written warning that the student may receive additional sanctions if the student engages in the same misconduct again or commits any other violation of this Code. A Reprimand and Warning will remain a part of a student’s disciplinary record at least until he or she graduates.
    2. Disciplinary Probation. A student may be placed on disciplinary probation for a specified period of time under conditions specified in writing by the Dean of Students, with a warning that any violation of the conditions or any further acts of misconduct may result in additional disciplinary sanctions, including suspension or expulsion from the university. As a condition of probation, the student may be required to participate in a specific program, such as a counseling program or an alcohol education program, or to provide a specific service, such as the repair or restoration of any property damaged or taken by the student. A record of any disciplinary probation will remain a part of a student’s disciplinary record for five years after a student graduates.
    3. Restitution. A student may be required to pay the cost for the replacement or repair of any property damaged by the student. If the student fails to pay the cost or make the repairs, the student may be subjected to additional sanctions, including suspension or expulsion. A record of any restitution that a student is required to pay will remain a part of a student’s disciplinary record until he or she graduates.
    4. Participation in a specific program. A student may be required to participate in a specific program, such as a counseling program, a program designed to stimulate good citizenship within the university community, an alcohol education program, or any other activity which would foster civic participation. If the student fails to participate in the program as directed, the student may be subjected to additional sanctions, including suspension or expulsion. A record of participation in any specific program that a student is required to complete will remain a part of a student’s disciplinary record until he or she graduates.
    5. Provision of a specific service. A student may be required to provide a specific service, such as the repair or restoration of any property damaged or taken by the student. If the student fails to provide the service as directed, the student may be subjected to additional sanctions, including suspension or expulsion. Completion of a specific service that a student is required to complete will remain a part of a student’s disciplinary record until he or she graduates.
    6. Expulsion from University Housing. A student may be expelled from university housing, and the student’s contract for such housing may be rescinded. Expulsion from university housing remains a part of a student’s disciplinary record for five years after a student graduates.
    7. Transfer to a Different Residence Hall or Housing Unit. A student may be required to transfer to a different residence hall or housing unit. If the student fails to transfer to a different residence hall or housing unit as directed, the student may be subjected to additional sanctions, including suspension or expulsion. A transfer to a different residence hall or housing unit remains a part of a student’s disciplinary record until he or she graduates.
    8. Suspension. A student may be prohibited from participating in all aspects of university life for a specified period of time (some portion of which may be deferred at the discretion of the Dean of Students). When a student is suspended from the university, the suspension applies to all campuses of the university. The Dean of Students is required to notify the Office of the Registrar to indicate the suspension on all copies of the student’s academic transcript. When the term of the suspension has ended, the Registrar will remove the notation from the student’s transcript. A record of the term of suspension will remain a permanent part of the student’s disciplinary record. Suspension notations on transcripts remain for the term of the suspension.
    9. Expulsion. A student may be dismissed from the university permanently. When a student is expelled from the university, the expulsion applies to all campuses of the university. The Dean of Students is required to notify the Office of the Registrar to indicate the expulsion on all copies of the student’s academic transcript. Furthermore, the student may not thereafter petition for readmission to the university. A record of expulsion will remain a permanent part of the student’s disciplinary record. Expulsion notations on transcripts are permanent.
    10. Deferred Sanction. Sanctions of Expulsion from University Housing and/or Suspension from Indiana University may be deferred for a period of time not to exceed one year, with the provision that lesser sanction/s be completed and/or no further violations are committed within that period of time. If the student does not consent to the determination of responsibility or the sanction imposed, the student may request a hearing before a hearing commission or review board, depending on the level at which the deferred and lesser sanctions were imposed. If the deferred sanction is imposed, the following apply:
      1. If the lesser sanction(s) is/are completed in the time period assigned, the deferred sanction will not be implemented.
      2. If the lesser sanction(s) cannot be completed in the time period assigned due to medical, academic, or personal reasons, the student may apply, in writing, to the Dean of Students for an extension of that time period. The written request must be submitted at least three calendar days prior to the end of the time period. With their applications for an extension, students must present documentation of the personal, academic, or medical reasons they were unable to meet the deadlines, and they must show that they have completed a significant portion of their lesser sanction(s). The Dean of Students will deliver a decision about the extension to the student within 10 calendar days after receipt of the request.
      3. If the lesser sanctions are not completed in the time period assigned and no extension to the time period is requested or granted, or the student is found responsible for a new violation, the deferred sanction will automatically go into effect, and the student will have no further opportunity to appeal the deferred sanction.
      4. Deferred suspensions that are put into effect will begin in the semester in which the lesser sanction deadline was not met, or in which a new violation occurred. If the suspension is to include more than one semester, it will include the semester in which the lesser sanction deadline was not met or the new violation occurred, plus the subsequent semester/s.
      5. A student who is suspended risks losing all fees and grades for the semester in which the suspension is implemented.
      6. A record of a deferred sanction will remain a part of a student’s disciplinary record for five years after the student graduates (or permanently if the suspension has been implemented).