Student Conduct and Discipline
(Adapted from University Regulations 2003 - 2004)
A. Authority, Application, Amendments
1. Authority. These regulations are enacted pursuant to the power and authority conferred by the laws of the state of Indiana upon the Trustees of Purdue University, including without limitation, the power to do all acts necessary and expedient to put and keep Purdue University in operation, and to make all by-laws, rules, and regulations required or proper to conduct and manage the University, as provided in IC 20-12-36-4, and the power and duty to do all acts and things mandated or provided for in IC 20-12-1.
2. Application. These regulations, as from time to time amended, shall apply to all undergraduate and graduate students of Purdue University (at the West Lafayette Campus and each regional campus) and shall be deemed a part of the terms and conditions of the admission and enrollment of all students. In case of any conflict or inconsistencies with any other rules, regulations, directives, or policies now existing, these regulations shall govern. They shall be enforced by the president of the University.
3. Amendments. These regulations, and any amendments hereto, shall take effect on a date prescribed by the Board of Trustees and shall remain in effect until rescinded or modified by the Board of Trustees. Amendments may be proposed at any time by the Purdue Student Government, University Senate, administrative staff, or by the Board of Trustees.
4. Adaptation for Regional Campuses. The administrative dean for regional campuses is hereby authorized and directed to make and promulgate revisions of these regulations, as applied to the regional campuses, which are necessary because of the different student or faculty organizations or governments existing at the regional campuses. Such revisions shall be effective when approved by the president of the University.
5. Definitions:
University activity is any teaching, research, service, administrative, or other function, proceeding, ceremony, program, or activity conducted by or under the authority of the University, or with which the University has any official connection, whether taking place on or off campus, including without limitation University cooperative education programs, internships, practicums, field experiences, and athletic or other intercollegiate activities.
University property means property owned, controlled, used, or occupied by the University.
Dean's Office means the dean of students and any associate, assistant, or other person authorized to act for him/her.
Administrative action means the issuance of an oral or written warning, admonition, reprimand, and/or use of counseling procedures.
Disciplinary penalty means expulsion, suspension, probated suspension, disciplinary probation, and other educationally sound sanctions.
Educationally sound sanctions means sanctions other than disciplinary probation, suspension, probated suspension, or expulsion and are limited to the following:
Restitution — monetary payment for damages and/or theft committed in violation of Section III-B-2(e).
Work assignment — assignment of duties to correct destructive acts or behavior.
Educationally sound sanctions may be proposed in combination with other disciplinary actions.
Obstruction or disruption of a University activity means any unlawful or objectionable acts or conduct (1) that seriously threaten the ability of the University to maintain its facilities available for performance of its educational activities, or (2) that are in violation of the reasonable rules and standards of the University designed to protect the academic community from unlawful conduct, or (3) that present a serious threat to person or property of the academic community. Such phrase shall include, without limitation of the foregoing general definition, the unlawful use of force or violence on or within any buildings or grounds owned, used, occupied, or controlled by the University; using or occupying any such buildings or grounds in violation of lawful rules or regulations of the University, or for the purpose or with the effect of denying or interfering with the lawful use thereof by others; and injuring or harming any person or damaging or destroying the property of the University or the property of others, within such buildings and grounds.
Disciplinary probation means a probationary student status imposed for a limited time as a result of an official determination of misconduct. In the event the student is found guilty (under the procedures set forth in these regulations) of subsequent charges of misconduct committed during the period of disciplinary probation, records of such disciplinary probations shall be taken into consideration in determining the disciplinary penalty, if any, to be imposed or the administrative action, if any, to be taken because of such subsequent misconduct.
Probated suspension means conditional continuation of student status for a limited and defined period of time. The student is permitted to retain student status upon the condition that the student does not further violate any subsection of Section III-B-2 that would normally result in a disciplinary penalty during the time probated suspension is in effect. If, during the period of probated suspension, the student is found guilty of an additional violation of Section III-B-2 after a hearing, suspension may become immediately effective and may be extended for a longer period of time than the period of probated suspension originally assigned.
Suspension means termination of student status for a limited time, generally without grades; however, in cases such as academic dishonesty, a directed grade for a particular course may be appropriate.
Expulsion means permanent termination of student status, generally without grades; however, in cases such as academic dishonesty, a directed grade for a particular course may be appropriate.
B. Student Conduct
1. General. Students are expected and required to abide by the laws of the state of Indiana and of the United States and the rules and regulations of Purdue University, to conduct themselves in accordance with accepted standards of social behavior, to respect the rights of others, and to refrain from any conduct that tends to obstruct the work of the University or to be injurious to the welfare of the University. A student who violates these general standards of conduct may be subject to administrative actions (as defined in Section III-A-5). If the violation falls within one of the categories of misconduct listed in Section III-B-2, the student may also be subject to disciplinary penalties (as defined in Section III-A-5). No disciplinary penalty may be imposed except for misconduct covered by one of the categories listed in Section III-B-2.
2. Misconduct Subject to Disciplinary Penalties. The following actions constitute misconduct for which students may be subject to administrative action or disciplinary penalties.
a. Dishonesty in connection with any University activity. Cheating, plagiarism, or knowingly furnishing false information to the University are examples of dishonesty.
The commitment of the acts of cheating, lying, stealing, and deceit in any of their diverse forms (such as the use of ghost-written papers, the use of substitutes for taking examinations, the use of illegal cribs, plagiarism, and copying during examinations) is dishonest and must not be tolerated.
Moreover, knowingly to aid and abet, directly or indirectly, other parties in committing dishonest acts is in itself dishonest (University Senate Document 72-18, December 15, 1972).
b. Forgery, alteration, or the unauthorized use of University documents, records, or identification.
c. Obstruction or disruption of any University activity (as defined in Section III-A-5) or inciting, aiding, or encouraging other persons to engage in such conduct. If substantial obstruction or disruption is threatened or occurs, the chancellor, or his designee, may issue a disciplinary suspension warning. The minimum disciplinary penalty for violation of this subsection during the period of such warning shall be suspension for the remainder of the semester (or summer session) during which the offense occurred and for the next full academic semester and any intervening summer session thereafter. However, a more severe disciplinary penalty may be imposed.
d. Physical abuse of any person or conduct that threatens or endangers the health or safety of any other person, whether or not such conduct occurs on University property.
e. Theft or attempted theft of, or the unauthorized use or possession of, or the unauthorized exertion of control over, or causing damage to property of any kind belonging to the University, a member of the University community, a campus visitor, or a person or agency participating in a University activity.
f. Unauthorized entry or access to, or unauthorized use or occupancy of, any University property including without limitation lands, buildings, structures, telecommunications, computer or data processing equipment, programs, systems, or software, or other facilities or services connected with a University activity.
g. Violation of any University rule governing student organizations, or the use of University property (including the time, place, and manner of meetings or demonstrations on University property), or of any other University rule that is reasonably related to the orderly operation of the University; provided, however, that no disciplinary penalty shall be imposed in any such case unless it is shown that the accused student knew, or, in the exercise of reasonable care, should have known, of the rule in question.
h. Use, possession, or distribution of narcotics or dangerous drugs, except as expressly permitted by law.
i. Lewd, indecent, or obscene conduct or expression on University property or in connection with a University activity.
j. Failure to comply with directions of University officials acting in the performance of their duties.
k. Any conduct that substantially threatens or interferes with the maintenance of appropriate order and discipline in the operation of the University, or any conduct on University property or in connection with a University activity that invades the rights of others.
l. Violation of the University Antiharassment Policy (see Executive Memorandum C-33 Part 4, Section II).
m. The possession or use of alcoholic beverages in or on any University property, unless expressly permitted by University regulations (University Senate Document 99-9, April 24, 2000).
n. The possession, use, or distribution of any explosives, guns, or other deadly or dangerous weapons reasonably calculated to cause bodily injury on University property or in connection with a University activity unless specifically authorized by the University (University Senate Document 99-10, April 24, 2000).
3. Demonstrations. Any individual or group activity or conduct, apparently intended to call attention to the participants' point of view on some issues, is not of itself misconduct. Demonstrations that do not involve conduct beyond the scope of constitutionally protected rights of free speech and assembly are, of course, permissible. However, conduct that is otherwise improper cannot be justified merely because it occurs in the context of a demonstration. Demonstrations that involve violations of any subsection of Section III-B-2 will not be permitted. A student will be charged with misconduct for any individual misconduct committed by the student in the course of a demonstration.
4. Status During Suspension or Expulsion. No diploma shall be given and no grades other than directed grades, academic credit, or degree shall be awarded any student who has been expelled or suspended from the University so long as the expulsion or suspension is in effect.
5. Status During Disciplinary Proceedings. Except where summary action is taken as provided in Section III-C-7, the status of a student charged with misconduct shall not be affected pending the final disposition of charges, provided, however, that no diploma shall be given and no grades, academic credit, or degree shall be awarded to a student against whom charges are pending for which a disciplinary penalty may be imposed. The effective date of any disciplinary penalty shall be a date established by the final adjudicating body (the dean's office or the Campus Appeals Board). In case of suspension or expulsion, the student shall not be withdrawn any earlier than the date the notice of charges originated or later than the effective date established by the final adjudicating body.
6. Misconduct Subject to Other Penalties. As provided in Chapter 273 of the 1969 Acts of the Indiana General Assembly, misconduct that constitutes a violation of these rules and regulations may be punished after determination of guilt by the procedures herein provided without regard to whether such misconduct also constitutes an offense under the criminal laws of any state or of the United States or whether such conduct might result in civil liability of the violator to other persons.
C. Procedures in Student Misconduct Cases
1. Disciplinary and Administrative Action Proceedings, General
a. The procedures hereby established shall be followed in all cases in which the University institutes disciplinary proceedings or administrative action proceedings against students for violations of the rules of student conduct set forth in Section III-B. These procedures shall not apply to or affect the jurisdiction or procedures established by student organizations, now or hereafter organized under the auspices of the Purdue North Central Student Government, or similar organizations.
b. Disciplinary proceedings are those proceedings initiated by the issuance of a notice of charges and are governed by the provisions of Section III-C-1 to 7 inclusive. The term disciplinary proceedings does not include administrative action proceedings.
c. Administrative action proceedings are informal investigations conducted by the dean's office with a view to possible administrative action. Administrative action may be taken by the dean's office without instituting disciplinary proceedings, and such action shall be final and not subject to further hearing or appeal. A disciplinary penalty may not be imposed without first instituting disciplinary proceedings pursuant to Section III-C-2. If the dean's office confers with the student in the course of administrative action proceedings, no statement made by the student during such conference shall be used against the student in any disciplinary proceedings that may thereafter be instituted.
2. Institution of Disciplinary Proceedings
a. Disciplinary proceedings shall be instituted by the dean's office by the issuance of notice of charges.
b. The notice of charges (and all other written notices given to students against whom disciplinary proceedings are initiated) shall be delivered by the most effective method to the student's address as it then appears on the official records of the University. The notice shall inform the student of the rule or regulation allegedly violated, also fairly inform the student of the reported circumstances of the alleged violation, and request the student to appear in the dean's office for a hearing on the incident. A copy of these regulations shall accompany each notice of charges. A copy of the notice of charges may be sent to the parent or guardian of the student if the student is dependent as defined in Section 152 of the Internal Revenue Code of 1954.
3. Failure to Respond to Charges. If the notice of charges requests the student to appear in the dean's office and the student fails or refuses to appear, the dean's office may, after such investigation as it may deem necessary, dismiss the charges, take administrative action, or impose a disciplinary penalty. If the dean's office takes administrative action, it shall notify the student in writing of such action, and such action shall not be subject to further hearing or appeal. If the dean's office imposes a disciplinary penalty, it shall notify the student, in writing, of such action, and the student may appeal such action to the Campus Appeals Board as provided in Section III-C-6. When it appears necessary to avoid undue hardship or to avoid injustice, the dean's office may extend the time to enable a student to respond to the charges.
4. Response to Charges
a. If the student appears in response to the notice of charges for the purpose of a hearing of the alleged violation as provided in Section III-C-5, the dean's office shall advise the student as fully as possible of the facts concerning the alleged charges and the names and addresses of witnesses then known to the dean's office. The student also shall be advised that no response is required; that any statement made by the student may be used against the student; that if the student remains silent, that silence will not be taken as an admission against the student; and that the student may advise the dean's office of any witnesses or evidence supporting the student's position. The dean's office also shall advise the student that if any new information is discovered during an investigation subsequent to the hearing, the student will have an opportunity to respond to such information.
b. After the hearing with the student and such further investigation as the dean's office deems necessary, the dean's office shall proceed as follows:
1. If the dean's office determines that the violation alleged is not supported by the evidence, the charges shall be dismissed and the student notified.
2. If the dean's office is satisfied that the violation occurred as alleged, but that no disciplinary penalty shall be imposed, the dean's office may take administrative action and notify the student. Such action by the dean's office shall be final and not subject to further hearing or appeal.
3. If the dean's office is satisfied that the violation occurred as alleged and that a disciplinary penalty should be imposed, the dean's office shall so notify the student.
5. Conduct of Hearing. Each hearing shall be conducted before one or more members of the dean of students' office staff and, although the hearing is informal in nature, it shall provide the student certain procedural safeguards.
The student shall be given the opportunity to hear the evidence against him/her; rebut statements made by witnesses; and present witnesses, evidence, or any relevant information in the student's own behalf. The student also shall be given the opportunity to respond to any new information gathered during an investigation subsequent to the hearing. The dean of students' office has the burden of proving the student guilty of the alleged violation, and the decision of the dean's office shall be based solely on information introduced at the hearing and obtained during subsequent investigations. The finding shall be rendered by the original hearing officer, who shall be present for all testimony and investigations by the dean's office (University Senate Document 93-8, March 28, 1994).
No person other than the student shall be present during the discussion between the dean's office and the student except by mutual agreement of the dean's office and the student. In cases of alleged sexual assault, the student and the student's accuser are entitled to the same opportunities to have others present during the hearing.
Within five days following the conclusion of the hearing and subsequent investigation, the dean's office shall notify the student, in writing, of what action it will take. The decision letter shall contain a finding as to the guilt or innocence of the student and a brief statement of the reasons for the penalty. Any disciplinary penalty imposed or administrative action taken is subject to the provisions of Section III-B-4 of this regulation and any other University rule, regulation, or directive then existing. Both the student and the student's accuser shall be informed of the outcome of any hearing brought alleging a sexual assault.
6. Appeal of the Dean's Office Decision. The student may appeal the decision of the dean's office to the Campus Appeals Board. An appeal may be initiated by filing a notice of appeal with the Campus Appeals Board through the dean's office or with the chairperson of the Campus Appeals Board. Such an appeal must be physically received in the Office of the Dean of Students, or by the chairperson of the Campus Appeals Board, within seven days of the date on the letter from the dean's office containing the decision, and the appeal must be personally signed by the student. The dean's office will provide the Campus Appeals Board with a copy of the notice of charges and the decision letter sent to the student. The University will be represented at the appeal hearing by the dean's office or other appointed representative.
7. Summary Action. Summary disciplinary action by way of temporary suspension and exclusion from University property may be taken against a student charged with misconduct without the issuance of a notice of charges and without the procedures prescribed in Section III-C on the following conditions: Summary action shall be taken only by the chancellor of the North Central Campus or by an authorized vice chancellor of the campus, and only after the student shall have been given an opportunity to be heard if such procedure is practical and feasible under the circumstances. Summary action shall be taken only if the chancellor or vice chancellor is satisfied that the continued presence of the student on University property threatens harm to the student or to any other persons or to the property of the University or of others. Whenever summary action is taken under this Section III-C-7, the procedures provided for in Section III-C for hearing and appeal shall be expedited so far as possible in order to shorten the period of summary action.
D. The Campus Appeals Board
1. Organization
a. The Campus Appeals Board shall be established for each campus of the University.
The Campus Appeals Board for the North Central Campus, for each hearing, shall consist of nine members selected in the following manner: Four undergraduate students shall be appointed by the Student Government. Three faculty members shall be appointed by the Faculty Senate from a roster of nominees prepared by the Student Affairs Committee. Two administrative staff members shall be appointed by the chancellor of the North Central campus, one of whom shall be designated as chairperson of the Campus Appeals Board. An equal number of alternates of each class shall be appointed at the same time and in the same manner as the regular members. From such a panel of alternates, the chairperson of the Campus Appeals Board shall designate the particular alternates to serve as temporary or permanent replacements for the regular members as may be necessary.
b. The term of office for regular members and alternates shall be one year, starting on September 1 and continuing through the next August 31. Appointment of regular members and alternates to take office on September 1, shall be completed by the preceding June 1. No member shall serve more than two consecutive terms. If any appointing authority fails to make the initial appointments to the Campus Appeals Board within the time specified, or to fill any vacancy on the panel of alternates within five days after being notified to do so by the chancellor of the North Central Campus, or if at any time the Campus Appeals Board cannot function because of the refusal of any member or members to serve, the chancellor of the North Central Campus may make appointments, fill vacancies, or take such other action as he/she deems necessary to constitute a Campus Appeals Board for each campus of the University.
c. The Campus Appeals Board shall elect a vice chairperson and secretary. It shall adopt regulations governing its procedures not inconsistent with these regulations. It shall have only the jurisdiction herein granted.
2. Conduct of Appeal
a. The Campus Appeals Board may prescribe regulations governing the conduct of the appeal not inconsistent with these regulations. The appeal hearing shall be open to the public or closed as the Campus Appeals Board shall determine. If a hearing is to be open to the public, the Campus Appeals Board may change the place of hearing, and its determination of the place and of the number of advisers and observers that can be conveniently accommodated shall be final. Notice of a change of place shall be given promptly to the student. An official tape recording shall be made of the appeal that shall be kept by the Campus Appeals Board for at least one year.
The student is entitled to be present at the appeal and to be accompanied by advisers of the student's choice. In cases of alleged sexual assault, the student and the student's accuser are entitled to the same opportunities to have others present during the appeals process. The student also may be represented by legal counsel, provided he/she files a statement of such intention, giving the name and address of such counsel to the chairperson or secretary of the Campus Appeals Board at least 48 hours before the time of the hearing. If the University intends to be represented at such hearing by legal counsel, the accused student shall be notified of that in writing at least 72 hours before the time of the hearing. If the student has given such notice and is entitled to be represented by legal counsel, the University also may be represented by legal counsel regardless of any previously expressed intention to the contrary. The student shall have the right to confront and cross-examine witnesses and to present witnesses and evidence in the student's behalf. At the hearing, the burden of proving the student guilty of the alleged violation shall be on the University. The Campus Appeals Board shall consider any evidence relevant to the incident.
b. The Campus Appeals Board shall decide the appeal and issue its written decision within 10 days after the date of the appeal hearing, except where the chancellor of the University authorizes additional time. The decision of the Campus Appeals Board is the final step in the internal review process. Copies of its decision shall be furnished to the student, the chancellor’s office, and the dean's office. Both the student and the student's accuser shall be informed of the outcome of any appeals proceeding brought alleging a sexual assault.
If the decision being appealed found the student guilty and imposed a disciplinary penalty, the Campus Appeals Board shall have the power:
- To reverse the finding and acquit the student;
- To affirm the finding and the disciplinary penalty proposed by the dean's office;
- To affirm the finding and in cases where a proposed disciplinary penalty is believed inappropriate to the misconduct, to reduce or increase the severity of the disciplinary penalty or to direct that appropriate administrative action be taken by the dean's office in lieu of any disciplinary penalty.
3. Appeals from the Dean's Office. The Campus Appeals Board shall hear each case appealed from the dean's office and the procedures to initiate such appeals shall be as provided in Section III-C-6.
4. Appeals Concerning Student Organizations. The Campus Appeals Board has jurisdiction to hear and shall hear any appeal made by a student organization that the Office of the Dean of Students refuses to recognize or against which a student organization misconduct penalty of suspension or withdrawal of recognition has been proposed by the Office of the Dean of Students. In a case of the dean's office refusal to recognize a student organization, the Campus Appeals Board has the power to uphold or reverse the dean's office decision.
In a case of an appeal of a proposed student organization misconduct penalty, the Campus Appeals Board has the power:
- To affirm the finding and penalty proposed;
- To affirm the finding and change the penalty to any of the following:
1. A verbal or written warning to the offices of the organization.
2. A limitation of privileges.
3. Probation which may include a restriction of privileges.
4. Suspension of the student organization for a prescribed period of time (the actions may be appealed through the Campus Appeals Board).
5. Withdrawal of recognition of the student organization (the actions may be appealed through the Campus Appeals Board).
- To reverse the finding and dismiss the penalty. In any case, the action of the Campus Appeals Board is final.
5. Complaints under Bill of Student Rights. The Campus Appeals Board shall hear complaints from students concerning actions or decisions made by the University that are claimed to violate rights established under the Bill of Student Rights. In such cases, the Campus Appeals Board shall have the power and duty to make findings and recommendations to the chancellor of the North Central Campus.
