WASHINGTON UNIVERSITY OFFICE OF JUDICIAL PROGRAMS

University Student Judicial Code

I. General Principles

Purpose: The primary purpose for the maintenance of discipline in the University setting is the protection of the campus community and the maintenance of an environment conducive to learning and inquiry. Freedom of thought and expression is essential to the University's academic mission. Nothing in this Code should be construed to limit the free and open exchange of ideas and viewpoints, even if that exchange proves to be offensive, distasteful, disturbing or denigrating to some.
Inherent Authority: The University reserves the right to take necessary and appropriate action to protect the safety and well being of the campus community.
Interpretation of Regulations and Standard of Conduct: To the extent feasible and practicable, disciplinary regulations at the University are in writing in order to give students general notice of prohibited conduct. The regulations are not a criminal code; they should be read broadly and are not designed to define misconduct in exhaustive terms.
Proceedings: Disciplinary proceedings conducted pursuant to the Code shall be informal, fair and expeditious. Procedures governing criminal or civil courts, including formal rules of evidence, are not applicable. Deviations from the procedures in this Code shall not invalidate a proceeding or decision, except where such deviation has clearly resulted in significant prejudice to an accused student or to the University.
Violations of Local, State and Federal Law: Students may be accountable to both governmental authorities and to the University for acts which constitute violations of law and this Code. Student conduct allegedly constituting a felony or misdemeanor offense may be referred to appropriate law enforcement agencies for prosecution. Disciplinary proceedings at the University will not be subject to challenge on the ground that criminal charges involving the same incident have been filed, prosecuted, dismissed, reduced or otherwise resolved or that such proceedings constitute double jeopardy.
F. Violations of University Policies: Students alleged to have violated certain University policies, such as the Research Integrity Policy, may be subject to investigation and sanctions under both this Code and the other policy. Disciplinary proceedings at the University will not be subject to challenge on the ground that other charges involving the same incident have been filed or resolved or that such proceedings constitute double jeopardy.

II. Definitions

Student: Any person registered in one or more credit courses in any school, college, or professional school of Washington University, at either the undergraduate or graduate level. Teaching or research assistants if also registered as students are classified as students for the purposes of this Code. Additionally within the scope of this definition shall be any person who is, (1) not now a student, but is accused of violating the Code during his or her period of enrollment, (2) who has been admitted to a School, but has not yet matriculated, or (3) not now a student, but has a continuous relationship with the University, such as continuing to reside on University property.
Campus: All property owned or leased by Washington University.

Member of the University Community: Any Washington University faculty member, student, employee or Trustee, as well as any person on campus who is an employee of an entity with a continuous relationship with Washington University.

Student Group: Any organization of two (2) or more Washington University students that is recognized by Student Union, the Interfraternity, Pan Hellenic or Black Greek Councils, the Graduate-Professional Council, or graduate student governments in any of the eight graduate-professional schools; or utilizes (or seeks to utilize) campus space; or attempts to take action, of any kind, in a collective manner on campus or at any officially arranged University activity.

III. Offenses

The following forms of misconduct by a student or student group are subject to disciplinary action when they occur on campus or when they occur off campus and adversely affect the University community and/or the pursuit of its objectives. Attempts to commit acts prohibited by this Code, agreements among two or more students to commit acts prohibited by this Code, or inciting others by specific direction to commit acts prohibited by this Code may be punished to the same extent as commission of the prohibited act itself.
1. Academic misconduct, including, but not limited to, cheating, plagiarism, fabrication of data or records, unpermitted collaboration on assignments, misrepresentation of student status, and resume falsification. Knowingly making false allegations of academic misconduct against any student will itself be considered a form of academic misconduct.
2. Interfering with the rights of other members of the University community or visitors to the University to engage in educational, recreational, residential, administrative, professional, business, and ceremonial activities or other functions.
3. Physical abuse of any person, or other conduct which harasses, or threatens or endangers the safety or health of, any member of the University community or visitor to the University.
4. Sexual contact with any member of the University community or visitor to the University without that person's consent, including but not limited to rape and other forms of sexual assault. Conduct will be considered "without consent" if no clear consent, verbal or non-verbal is given; if inflicted through force, threat of force, or coercion; or if inflicted upon a person who is unconscious or who otherwise reasonably appears to be without the mental or physical capacity to consent. For example, sexual contact with a person who reasonably appears to be impaired in the exercise of their judgment by alcohol or other drugs may be considered "without consent."
5. Conduct which is disorderly, lewd, or indecent, or which disturbs the peace, on University premises or at functions sponsored by, or participated in by, Washington University or a Washington University Student Group.
6. Possession (concealed or otherwise), storage, or use on campus of firearms, explosives, explosive fuels, dangerous chemicals or other dangerous weapons, except as specifically authorized in advance by the Washington University Police and appropriate University officials.
7. Use, possession, manufacture or distribution of narcotic or other controlled substances except as expressly permitted by law, or possession on campus of drug paraphernalia.
8. Use or possession of a hookah on campus or University-owned property.
9. Use, possession, manufacture or distribution of alcoholic beverages except as expressly permitted by law or University policy.
10. Unauthorized or fraudulent use of the University's resources, including, but not limited to facilities, telephone system, mail system, electronic databases, course management programs, and computer systems, or use of any of the above for any illegal act.
11. Knowingly furnishing false information to the University, or one acting on its behalf, including but not limited to (a) the falsification of information in applications for admission or financial aid, or (b) the intentional passing of an insufficient funds check or fraudulent money order in payment of any financial obligation to the University.
12. Intentional dishonesty before any decision-making individual or body of the University, including knowingly making false allegations against any student or student group.
13. Knowingly making a false claim to represent the University or a student group of the University.
14. Refusal to identify oneself, failure to display a University identification card or other identification, or providing false identification to any appropriate University official or designee upon reasonable request.
15. Failure to comply with the reasonable and lawful request of University officials or designees acting in the performance of their duties.
16. Theft, attempted theft, unauthorized taking or use of any University, public, or private property.
17. Knowingly possessing stolen property.
18. Unauthorized entry, deliberate destruction of, damage to, malicious use of, or abuse of any University, public, or private property.
19. Knowingly or recklessly violating a published University policy, rule, or regulation; or participating in conduct which one should reasonably know to be a violation of a published University policy, rule, or regulation.
20. Failure to appear before the University Judicial Board (UJB) or Judicial Administrator as directed or to properly comply with or complete a sanction imposed under the University Judicial System.
21. Intentionally or recklessly disabling, or causing the false activation of life safety equipment, including, but not limited to, exit door alarms, emergency telephones, fire safety equipment, and door access systems.
22. Formally charged with a crime such that the student's continued presence on the University campus poses a substantial threat to the ability of others to continue their normal University functions and activities.
Offenses by Student Groups: Student groups or organizations and their officers may be held responsible for violations of this Code by members or others associated with the group or organization, who have received the tacit or overt consent or encouragement of the group or organization or its leaders, officers, or spokesperson.

IV. Composition of the University Judicial System

The University Judicial System shall consist of the following:
1. Judicial Administrator
  1. Responsibilities: The Judicial Administrator receives and investigates complaints of violation of this Code; and, if a violation is found, imposes appropriate sanctions. The Judicial Administrator does not hear allegations of academic misconduct, and does not have the authority to suspend, expel or otherwise directly terminate the student status of a student found in violation of this Code.
  2. Selection: The Judicial Administrator is appointed by the Chancellor, or his designee, following consultation with the Student Union, the Graduate-Professional Council and the Faculty Senate Council. The appointee may be a faculty member or staff member.
2. University Judicial Board
  1. Composition: The UJB is composed of six (6) faculty members, twelve (12) student members, six (6) administrative or staff members, and one additional member who shall serve as Chairperson.
  2. Responsibilities:
    1. The UJB hears and decides cases referred to it by the Judicial Administrator, the undergraduate School or College Academic Integrity Panels, and the suspending authority following a temporary suspension; and cases involving allegations of academic misconduct in the absence of a School or College Academic Integrity Panel. The UJB hears and decides appeals from temporary suspensions, appeals referred to it by the Chairperson of the UJB, and appeals from sanctions issued by the Judicial Administrator. The UJB also performs other duties as called for by this Code.
    2. The Chairperson of the UJB presides over all hearings conducted before the UJB and convenes pre-hearing proceedings as needed; rules on appeals from decisions of the Judicial Administrator and undergraduate School or College Academic Integrity Panels; and performs other duties as called for by this Code.
  3. Selection
    1. Members of the UJB are appointed for two (2) year terms, beginning on January 1. Faculty members are appointed by the Faculty Senate Council; student members are appointed by the Student Union and the Graduate-Professional Student Council; and administrative or staff members are appointed by the Chancellor. Each year, three (3) faculty members are appointed; six (6) student members are appointed, three (3) of whom shall be undergraduates and three (3) of whom shall be graduate students; and three (3) administrative or staff members are appointed. Members may be reappointed, but no member shall serve more than two (2) consecutive terms. Members of the Faculty Senate Council, Student Union Executive Council, officers of the Graduate and Professional Student Council, and officers of the University shall not serve on the UJB.
    2. The Chairperson of the UJB is appointed annually by the Chancellor. The Chairperson must be a member of the University community. The Chairperson may be appointed, without limitation, for consecutive terms.
  4. The panel convened for a hearing normally consists of three (3) student members and either three (3) faculty members or three (3) members of the administration or staff, plus the Chairperson. A quorum consists of four (4) members, plus the Chairperson. Student members shall comprise a portion of the hearing panel in every case. Every attempt shall be made to provide peer representation for both graduate and undergraduate students. The Chairperson shall determine whether faculty or administrative (or staff) members shall comprise the remainder of the panel. In making this determination, the Chairperson shall designate faculty members whenever the sole allegation is academic misconduct. If, at the sole discretion of the Chairperson, the allegations do not relate solely to matters of academic misconduct, faculty, administrative, staff members, or any combination thereof may serve.
3. Authority Retained by Individual Schools, the Office of Residential Life and Greek Life Office.
  1. Each School or College of the University may establish a panel to hear and decide cases of alleged academic misconduct involving undergraduate students of that School.
    1. The composition of such a panel shall be determined by appropriate persons in each School or College.
    2. Such a panel may impose sanctions other than suspension or expulsion in any case where academic misconduct is found. No School or College panel may suspend or expel an undergraduate student for academic misconduct; however, upon a finding of academic misconduct serious enough to warrant suspension or expulsion, a panel may recommend the suspension or expulsion of an undergraduate student to the UJB.

Student Decision-Making Bodies
Certain student groups have established decision-making bodies which receive and investigate all allegations of violations of their legislation, procedures or policies. The pendency before the decision-making body of any student group of any case arising from an incident alleged to constitute a violation of this Code, shall not bar or postpone proceedings under this Code.

V. University Student Judicial Code Procedures

Initiation of Proceedings
1. Proceedings concerning an alleged violation of this Code are initiated with a written complaint. The complaint is a brief written statement describing the conduct alleged to be in violation of the Code.
2. Complaints of alleged violations of this Code may be filed against any student or student group by any member of the University community.
3. Complaints limited to alleged academic misconduct or professional misconduct.
  1. Complaints limited to alleged academic misconduct or professional misconduct shall be filed with the Academic Integrity Panel of the School or College in which the misconduct allegedly occurred or, where no such panel exists, with the UJB.
  2. If a complaint involving alleged academic misconduct against an undergraduate student is filed with a School or College Academic Integrity Panel and the case is viewed as serious enough that suspension or expulsion is a possible sanction, the complaint shall be referred to the UJB for hearing. In such a case, a representative of the School or College shall prepare a statement of charges and have it served, by mail or personal service, upon the original charging party and the student charged.
4. Complaints involving alleged offenses other than academic or professional misconduct.
  1. Complaints alleging any offense other than academic or professional misconduct shall be filed with the Judicial Administrator.
  2. When a complaint is filed with the Judicial Administrator, he or she shall promptly consider and investigate the complaint, notify the student or student group against whom the complaint has been filed, and give the charged student(s) an opportunity to be heard. The Judicial Administrator shall conduct meetings with the parties in an informal manner, seek to obtain relevant information, and shall render a decision promptly, in writing, and mail or hand deliver it to the charged student(s). The Judicial Administrator shall, to the extent permitted by law, inform the complainant of the decision and any sanctions.
  3. If the Judicial Administrator determines that there are not reasonable grounds to believe that a violation of the Code occurred, the complaint shall be dismissed and the complainant and student or student group complained against shall be informed, in writing, of this action.
  4. If the Judicial Administrator determines that there are reasonable grounds to believe that a violation of the Code has occurred, the Judicial Administrator shall either:
    1. Determine whether a violation of the Code has occurred and, if so, impose a sanction; or
    2. Refer the complaint to the UJB for hearing. The Judicial Administrator shall refer to the UJB any case in which suspension or expulsion is a possible sanction and may, at his or her discretion, refer to the UJB any other case.
  5. If the complaint is referred to the UJB the Judicial Administrator shall prepare a statement of charges, which shall include the provision(s) of the Code allegedly violated, and have it served by mail or hand delivered to the student or student group charged and the Dean of the School or College in which the student(s) is/are enrolled. The Judicial Administrator shall also furnish a copy to the charging party.
The pendency of any case arising from an incident alleged to constitute a violation of the Code in any municipal, state, or federal court or agency shall not bar or postpone proceedings under this Code unless :
1. The Judicial Administrator elects to defer proceedings until a final resolution of the case in the court or agency system; or
2. The student has been charged with a felony offense and requests a deferral of proceedings. The request for deferral shall result in the student's immediate withdrawal from student status and removal from all University premises until the matter is heard and resolved under this Code. The student's request must precede the initiation of a hearing by the UJB. Postponement of a hearing shall not postpone a charged student's obligation to fulfill sanctions imposed by the Judicial Administrator.
Organizational Procedures of the University Judicial Board
1. The UJB shall set times and places for hearings, and establish procedures not inconsistent with this Code to govern the conduct of its hearings. Hearings may be scheduled during the summer and during University breaks.
2. No student shall be subject to more than one UJB hearing on a charge or charges resulting from any act or series of related acts alleged in violation of the Code. The UJB may consolidate all charges pending against a student at the time of hearing. Nothing in this provision shall prohibit a hearing on charges arising from acts which take place or are discovered after earlier charges are filed.
3. The UJB shall not conduct a hearing until the charged student has received the statement of charges against him or her. If the charged student fails to appear for the hearing, the UJB may postpone the hearing or, in the alternative, may conduct a hearing to determine whether a violation of the Code occurred and impose sanctions if appropriate. If the UJB decides to postpone the hearing, the UJB may decide to suspend the student from the University until the student does appear before the UJB for the hearing on the charges.
4. Prior to a UJB hearing, the Chairperson of the UJB may convene a pre-hearing conference with the parties. The student charged and the charging party each may choose (at his/her own expense) to be assisted by and accompanied to the hearing by one individual, for example, a friend, faculty member, advisor, parent. Where the victim of alleged misconduct is not a party, but a testifying witness, he or she may be accompanied by an individual, subject to the limitations below. If the accompanying individual is an attorney, the student shall provide the attorney's name and telephone number to the Judicial Administrator at least one week before the scheduled hearing.
5. The function and role of the accompanying individual is to provide support, advice or assistance to the person requesting his or her presence. The accompanying individual (including attorneys) shall not be permitted to testify, serve as a witness, or provide statements to the UJB. Therefore, if the individual witnessed the events at issue or has other information relevant to the proceedings, he or she shall not accompany the student. The student charged and the charging party are each responsible for stating his or her own case to the UJB.
6. A list of expected witnesses, the name and title of the accompanying individuals, and copies of any documents expected to be presented in support of the charges, or in defense of the charged party, shall be provided to the Judicial Administrator at least five (5) business days before the hearing. Where a student includes the opinion or recommendations of medical professionals, such opinions or recommendations shall be submitted ten (10) business days prior to the hearing. A student submitting documentation from a medical professional should also submit a copy of the medical professional's curriculum vitae. If additional witnesses or documents are obtained after the submissions period described above, the hearing may be postponed at the sole discretion of the Chairperson of the UJB. A party is not obligated to call all witnesses on the list. Each party is permitted to call witnesses to rebut testimony offered by the other party. The Chairperson may recess a hearing if he or she concludes that the Board requires additional evidence.
7. The following persons may be present during a UJB hearing: the Chairperson of the UJB and Board members, the charged student and an accompanying individual; the charging party and an accompanying individual; witnesses and their accompanying individuals, where authorized by the Chairperson, the Judicial Administrator, and a member of the Office of the Executive Vice Chancellor and General Counsel. Witnesses and their accompanying individuals, if any, may be present only when testifying unless the Chairperson specifically requests a witness be present for any other portion of the hearing.
8. The Chairperson of the UJB may, at his or her discretion, direct any student to appear as a witness at a hearing of the UJB. The Chairperson may also call witnesses, including but not limited to medical experts, on his or her own initiative. The failure of a student to appear at a UJB hearing following receipt of such a directive shall subject that student to disciplinary action under this Code.
9. The procedure at a hearing before the UJB shall be as follows:
  1. The charging party and the charged student shall have the opportunity to present statements summarizing their respective cases and the evidence to be presented.
  2. The charging party shall present his or her evidence. The charging party may decide whether or not to testify on his or her own behalf. The charged student and members of the UJB may question the charging party's witnesses.
  3. The charged student shall have the opportunity to present evidence. The charged student may decide whether or not to testify on his or her own behalf. The charging party and members of the UJB may question the charged student's witnesses.
  4. The charging party and the charged student shall have the opportunity to present concluding remarks.
  5. In cases referred to the UJB by the Judicial Administrator, the Judicial Administrator may be called as a witness by the charging party or the charged student, or by the UJB itself.
  6. In any hearing before the UJB, members of the UJB may ask questions of any participant in the hearing (including the charging party, the charged student, and any witness) at any time during the hearing, and may also recall witnesses and/or request that additional witnesses be called.
10. In cases where a student accuses another student of a violation under offense number 3 or 4, and a hearing is to be held, the charging student may elect to proceed under the following alternative procedures, which shall apply to the entire proceedings. These procedures will supersede contrary provisions in Paragraph 9 above.
11. Evidence shall be considered which tends to prove or disprove the charges. Prior conduct and offenses unrelated to the charges shall not be considered in determining whether the student charged has committed the offense except in unusual circumstances. The Chairperson of the UJB shall rule on whether evidence or testimony will be considered.
12. If the UJB concludes that the evidence presented does not warrant a finding that the student charged committed the charged offense(s), the proceedings are terminated.
13. If the UJB concludes that the student committed the charged offense(s), or if the student charged decides to plead guilty to the charge(s), the charging party, the charged student and the University shall be given an opportunity to present additional evidence for consideration by the UJB in deciding what sanction(s) to impose. The additional evidence may consist of evidence of prior conduct (including prior offenses) by the charged student, evidence as to the charged student's character, the charged student's University record, or any other evidence which could assist the UJB in determining an appropriate sanction. Any such additional evidence shall be presented at a hearing before the UJB conducted in accordance with the procedures set forth above.
14. A verbatim record (which may be in the form of a tape recording) shall be kept of all pre-hearings and disciplinary hearings conducted by the UJB at the expense of the University. A verbatim record may be kept of any proceeding before other panels or persons at the expense of the party charged. Deliberations of hearing panels shall not be recorded. Both parties, but not the witnesses, shall have the right to review such records in the Office of the Judicial Administrator, but may not make copies. All tape recordings shall remain the property of the University and shall be destroyed upon closure of the case by the Judicial Administrator unless required by law to be maintained.
Decisions
1. A decisionmaker (whether the Judicial Administrator or the UJB) must find in favor of the charged student unless the decisionmaker is persuaded that it is more likely than not that the student committed the offense(s) charged. The charged student shall be afforded the benefit of the presumption of innocence.
2. If a charged student elects not to provide his or her version of events to the decisionmaker (whether the Judicial Administrator or the UJB), the decisionmaker may, but is not required to, draw adverse inferences from the student's silence.
3. In cases decided by the UJB, the following shall apply:
  1. A majority vote of the members of the UJB participating in the case shall be required for a decision.
  2. The Chairperson of the UJB may participate and vote.
  3. Any decision of the UJB shall be made in writing. Copies shall be mailed or delivered to the charging party , the student charged and other University officials with a need to know as determined by the Judicial Administrator or the Chairperson of the UJB.

VI. Sanctions

Subject to the limitations described in paragraph B of this section, sanctions or combinations of sanctions, may be imposed following a determination that a violation of the Code has occurred:
1. Warning: notice of a finding that it is more likely than not that an offense has been committed and that continuation or repetition of such violation within a specified time period will result in more severe sanctions.
2. Deferred Penalty and Probation: any of the listed sanctions may be deferred by the adjudicatory body or person for a specified time period, not to exceed two (2) calendar years. Should the student, during the period of probation, be determined to have committed another violation of this Code, the deferred penalty shall take effect, in addition to the sanction imposed for any new offense.
3. Restitution: reimbursement for actual damage or loss caused by the violation of the University Judicial Code, either through appropriate repairs or monetary compensation.
4. Fine: monetary penalty of not more than Five Hundred Dollars ($500.00).
5. Educational Remedies Meetings with University officials or others, unpaid University or community service, or other educational assignments. These may include, but are not limited to, referrals to Student Health and Counseling, attendance at workshops or panel discussions, letters of apology, and reflective essays. Service assignments may occur on or off campus. Conditions may be specified for the completion of the sanction. Where a violation involves drug use, the Judicial Administrator or UJB may also require the student to participate in drug screening on a scheduled or random basis. Any and all costs associated with the screening are the responsibility of the student.
6. Disciplinary Activity Limitation: ineligibility for participation in any or all elected and appointed positions within the University; also ineligibility for participation in all forensic, athletic, dramatic, musical, social or other University recognized activities for a specified period of time.
7. Denial of Access to Certain University Facilities: exclusion from University owned or leased facilities, including housing, athletic fields, grounds, or parts of these facilities indefinitely or for a specified period of time.
8. Temporary Removal from University Housing: ineligibility to reside in University Housing including off campus University-owned apartments for a specified period of time.
9. Permanent Removal from University Housing: Permanent ineligibility to reside in University Housing including off campus University-owned apartments.
10. Suspension: removal from student status in the University for a specified period of time. This sanction will be permanently noted on a student's official transcript.
11. Expulsion: permanent removal from student status in the University. This sanction will be permanently noted on a student's official transcript.
Only the UJB or the Dean of the Graduate or Graduate Professional School may impose the sanctions of expulsion or suspension. The Judicial Administrator and the other University judicial panels may impose any of the other sanctions, except as such authority is limited by Section IV.A.3 of this document.
Academic Misconduct: If academic misconduct is determined to have occurred, the body making the determination may recommend to the faculty member responsible for the course in which academic misconduct occurred that the grade of the student involved be lowered, or no credit given. However, the final decision in any grading determination shall rest with the faculty members. The UJB may recommend this sanction in addition to any other sanctions imposed.
Notification of Dean, Parents:
1. The parents or legal guardian of any student who is legally dependent upon his or her parents or legal guardian and who is suspended or expelled shall be informed of the decision of the UJB.
2. The parents or legal guardian of any student under the age of 21 who has admitted committing or been found under this Code to have committed an offense under Section III.A.7 or III.A.8 may be notified of such violation or violations by the Office of the Dean of Students. The Office of the Dean of Students shall have discretion to determine when a violation or violations of Sections III.A.7 or III.A.8 are of sufficient severity or number to warrant the step of notifying parents or legal guardian. Nothing contained in this section shall be construed to prohibit the University from disclosing to parents or legal guardian information relating to a health or safety emergency involving the student or as otherwise permitted by law.
3. The Dean of the School or College in which the student is enrolled shall be informed of any UJB decision involving the student. If the student is visiting Washington University but regularly enrolled elsewhere, notice of the outcome of any judicial matter may be provided to the student's home college or university.
4. Decisions of decision-making bodies (or persons) other than the UJB, which do not involve academic misconduct, shall be reported to the Dean of Students.
5. Student Union, the Graduate-Professional Council, and/or the sponsoring student governing body will be made aware of specific details regarding violations of the Code by a student group under its auspices at the time that the matter is resolved.

VII. Appeals

Time Limit for Appeals: Any appeal authorized by the Code must be filed within fourteen (14) calendar days of the date of the written decision by the decision-making body or person. An appeal is filed when personally delivered to the appellate authority or bearing a United States Postal Service postmark or other documentary evidence of timely presentment to an independent delivery service.
Appeals of UJB Decisions and Decisions of Deans of Graduate or Graduate Professional Schools to Suspend or Expel a Graduate or Graduate Professional Student:
1. A student determined by the UJB to have violated this Code, or a graduate student or a graduate professional student suspended or expelled by the Dean of the graduate school or graduate professional school shall, within the period of time specified by this Code, have the right to appeal to the person designated by the Chancellor to serve as the appeal officer, or his or her designee. Such appeal shall be made in writing to the appeal officer and shall be limited to grounds that a fair hearing was not provided or that the sanction imposed was excessive. The student shall also deliver a copy of the appeal to the Judicial Administrator. When such appeal is taken, the appeal officer shall not substitute his or her judgment of the facts for that of the UJB or of the Dean. The scope of the appeal officer's review shall be limited to determining whether a fair hearing has been provided and whether the sanction imposed, given all the relevant facts and circumstances, was excessive.
2. The appeal officer, if he or she sustains the appeal, may order a new hearing, or may reduce or modify, but not increase, the sanctions assessed by the UJB or the Dean. The decision of the appeal officer is final.
3. In the event of the absence or disqualification of the appeal officer, the appeal will be determined by the Chairperson of the Faculty Senate Council, or his or her designee.
4. The University may not appeal any adverse decision of the UJB.
5. Sanctions will be stayed pending the disposition of any appeal, except that a temporary suspension will remain in effect.
Appeals of Decisions of the Judicial Administrator and Academic Integrity Panels of Undergraduate Schools and Colleges:
1. Any final decision of the Judicial Administrator or an Academic Integrity Panel of an Undergraduate School or College may be appealed, in writing, to the UJB within the period of time specified by this Code. The Chairperson of the UJB, upon receiving an appeal, shall provide a copy of the appellant's request and supporting materials to the appellee. The Chairperson of the UJB, or his or her designee, shall not substitute his or her judgment of the facts and the scope of his or her review shall be limited to determining whether the written material submitted by the appellant in support of the appeal indicates that either no fair hearing had been provided to the appellant or that the sanction imposed, given all relevant facts and circumstances, was excessive. An appeal may be filed either by the charging party or the charged student(s) or student group.
2. If the Chairperson, or his or her designee, determines that an unfair hearing has occurred, he or she shall remand the case to the Judicial Administrator or Academic Integrity Panel with specific instructions to assure a fair hearing or he or she shall convene a hearing of the UJB to hear the matter de novo. The Chairperson, or his or her designee, may reduce or modify, but not increase, the sanctions previously imposed.
3. Sanctions will be stayed pending the disposition of any appeal.
4. Should the UJB hold a hearing de novo, the hearing shall be conducted in accordance with the procedures set out in Section V.C. of this Code. The UJB may impose a sanction in excess of that imposed by the prior adjudicator.
5. The decision of the UJB, or its Chairperson, shall be final in any appeal from the Judicial Administrator or Academic Integrity Panel, and no appeal to the appeal officer shall occur. .
Appeals of Decisions of the Office of Residential Life and the Greek Life Office:
1. Any final decision of the Office of Residential Life and the Greek Life Office may be appealed in writing to the Judicial Administrator within the period of time specified by this Code. The Judicial Administrator, or his or her designee, shall not substitute his or her judgment of the facts. The scope of his or her review shall be limited to determining whether the written material submitted by the appellant in support of the appeal indicates that either no fair hearing had been provided to the appellant or that the sanction imposed, given all the relevant facts and circumstances, was excessive.
2. If the Judicial Administrator decides to sustain the contentions of the appellant, in whole or part, he or she shall fashion a remedy or form of relief appropriate to the facts and circumstances of the case.
3. Sanctions will be stayed pending the disposition of any appeal; provided, however, that nothing contained in this Code shall in any way impair the enforcement of the terms of the housing contracts and leases entered into between the University and students residing in residential housing, including, but not limited to reassignment and cancellation.

VIII. Record Retention

Subject to Section V (14), records of the University Judicial Administrator and the UJB directly related to non-academic cases heard under the University Judicial System shall be destroyed after a period of ten (10) years from the date of final adjudication. If a student withdraws from the University prior to final adjudication, the records shall not be destroyed. Records of the University Judicial Administrator and the UJB directly related to allegations of academic misconduct or cases resulting in suspension or expulsion shall be maintained indefinitely.

XI. Report on Student Conduct

Each semester the Judicial Administrator shall prepare a Report on Student Conduct summarizing the complaints filed in the previous semester, the types of conduct involved, and the outcomes, including a description of the sanctions, if any. The Report shall be circulated to the University administrators at the discretion of the Judicial Administrator and the Vice Chancellor for Students.

X. Temporary Suspension

The Chancellor or his designees may suspend a student for a temporary period if there is evidence that the student has committed an offense under this Code, the student has been indicted or otherwise formally charged with a crime, or there is evidence that the continued presence of the student on the University campus poses a substantial threat to himself or herself or to the ability of others to continue their normal University functions and activities.
The suspending authority (the person imposing the suspension) shall limit the scope of the temporary suspension to that necessary to protect those possibly affected by the actions of the suspended student. Access to parts of University owned or leased property, the campus, or to certain activities, may be limited. In cases of seriously disruptive or dangerous behavior, the suspending authority may deny the student access to the University owned or leased property, campus and/or prohibit class attendance.
If a student is suspended for a temporary period, the suspending authority shall prepare a written notice of the suspension and shall have the notice served, by mail or hand delivered, upon the suspended student. The written notice shall include a brief statement of the scope of the suspension and the reasons therefor, and a brief statement of the procedures provided for in cases of temporary suspension under this Code.
A student suspended for a temporary period shall be given an opportunity to appear personally before the suspending authority within five (5) business days from the date of service of the notice of temporary suspension. If the student asks to appear personally before the suspending authority, only the following issues shall be considered:
1. Whether the suspending authority's information concerning the student's conduct is reliable;
2. Whether under all the circumstances, there is a reasonable basis for believing that the continued presence of the student on campus poses a substantial threat to the student or to the rights of others to engage in their normal University functions and activities; and
3. Whether the scope of the suspension is reasonable.
Within ten (10) calendar days of the date of a temporary suspension, the suspending authority shall file a statement of charges against the suspended student with the UJB, and shall have the statement of charges served, by mail or hand delivered, upon the suspended student and the Dean of the School or College in which the student is enrolled.
A temporary suspension shall end when rescinded by the suspending authority, or upon the failure of the suspending authority to file a statement of charges within a reasonable time or, if not rescinded and if a statement of charges is promptly filed, when the case is heard and decided by the UJB.

XI. Amendment of the Code

The amendment process may be initiated by any member of the campus community, the Student Union, the Graduate-Professional Council, the Faculty Senate Council, or any faculty, staff or student group by the submission of proposed changes to the Office of the Dean of Students. The Assistant Vice Chancellor for Students and Dean of Students, or his or her designee, shall promptly distribute copies of the proposed changes to the Office of the General Counsel, Student Union, the Graduate-Professional Council and the Faculty Senate Council for adoption or rejection. Review of the Code shall be initiated by the Office of the Dean of Students no less than every three years.

XII. Titles and Successors

Because the titles, positions or groups stated in this Code may change, the functions or responsibilities assigned by this Code shall be carried out by persons or groups that assume the functions of the positions or groups stated in this Code.

Effective July 1, 2005
University Student Judicial Code

Washington University Office of Judicial Programs,
Lien Hall, 6515 Wydown Blvd., St. Louis, Missouri 63105 (314) 935-4174