(200.020 Rules of Procedures in Student Conduct Matters Bd. Min. 11-8-68, Amended Bd. Min. 3-20-81; Bd. Min. 12-8-89, Amended 5-19-94; Bd. Min. 5-24-01; Bd. Min. 7-27-12.)

This policy is also available at http://www.umsystem.edu/ums/rules/collected_rules/programs/ch200/200.020_rules_of_procedures_in_student_conduct_matters.

1. Preamble. The following rules of procedure in student conduct matters are hereby adopted in order to insure insofar as possible and practicable (a) that the requirements of procedural due process in student conduct proceedings will be fulfilled by the University, (b) that the immediate effectiveness of Section 10.030, which is Article V of the Bylaws of the Board of Curators relating to student conduct and sanctions may be secured for all students in the University of Missouri, and (c) that procedures shall be definite and determinable within the University of Missouri.
2. Definitions. As used in these rules, the following definitions shall apply:
   1. Primary Administrative Officers. As used in these procedures, the Chief Student Affairs Administrator on each campus is the Primary Administrative Officer except in cases of academic dishonesty, where the Chief Academic Administrator is the Primary Administrative Officer. Each Primary Administrative Officer may appoint designee(s) who are responsible for the administration of these conduct procedures, provided all such appointments must be in writing, filed with the Chancellor of the campus, and the office of General Counsel. The Primary Administrator's Office will certify in writing that the given designee has been trained in the administration of student conduct matters.
   2. Student Panel. A panel of students appointed by the Chancellor, from which shall be selected by the Chair, upon the request of a student charged before the Student Conduct Committee, not more than three students to serve with the Student Conduct Committee.
   3. Student. A person having once been admitted to the University who has not completed a course of study and who intends to or does continue a course of study in or through one of the campuses of the University. For the purpose of these rules, student status continues whether or not the University's academic programs are in session.
   4. Student Conduct Committee. As used in these procedures, "Student Conduct Committee," hereinafter referred to as the Committee, is that body on each campus which is authorized to conduct hearings and to make dispositions under these procedures or a Hearing Panel of such body as herein defined.
3. Sanctions.
   1. The following sanctions may be imposed upon any student found to have violated the Student Conduct Code; more than one of the sanctions may be imposed for any single violation:
      1. Warning. A notice in writing to the student that the student is violating or has violated institutional regulations.
      2. Probation. A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe sanctions if the student is found to be violating any institutional regulation(s) during the probationary period.
      3. Loss of Privileges. Denial of specified privileges for a designated period of time.
      4. Restitution. Compensation for loss, damage, or injury to the University or University property. This may take the form of appropriate service and/or monetary or material replacement.
      5. Discretionary Sanctions. Work assignments, service to the University, or other related discretionary assignments.
      6. Residence Hall Suspension. Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
      7. Residence Hall Expulsion. Permanent separation of the student from the residence halls.
      8. University Dismissal. An involuntary separation of the student from the institution for misconduct apart from academic requirements. It does not imply or state a minimum separation time.
      9. University Suspension. Separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
      10. University Expulsion. Permanent separation of the student from the University.
   2. Temporary Suspension. The Chancellor or Designee may at any time temporarily suspend or deny readmission to a student from the University pending formal procedures when the Chancellor or Designee finds and believes from available information that the presence of a student on campus would seriously disrupt the University or constitute a danger to the health, safety, or welfare of members of the University community. The appropriate procedure to determine the future status of the student will be initiated within seven calendar days.
4. Records Retention. Student conduct records shall be maintained for five years after University action is completed.
5. Policy and Procedures.
   1. Preliminary Procedures. The Primary Administrative Officer/Designee(s) shall investigate any reported student misconduct before initiating formal conduct procedures and give the student the opportunity to present a personal version of the incident or occurrence. The Primary Administrative Officer/Designee(s) may discuss with any student such alleged misconduct and the student shall attend such consultation as requested by the Primary Administrative Officer/Designee(s). The Primary Administrative Officer/Designee(s), in making an investigation and disposition, may utilize student courts and boards and/or divisional deans to make recommendations.
   2. Informal Dispositions. The Primary Administrative Officer/Designee(s) shall have the authority to make a determination and to impose appropriate sanctions and shall fix a reasonable time within which the student shall accept or reject a proposed informal disposition. A failure of the student either to accept or reject within the time fixed may be deemed by the University to be an acceptance of the determination, provided the student has received written notice of the proposed determination and the result of the student's failure to formally reject and, in such event, the proposed disposition shall become final upon expiration of such time. If the student rejects informal disposition it must be in writing and shall be forwarded to the Committee. The Primary Administrative Officer/Designee(s) may refer cases to the Committee without first offering informal disposition.
   3. Formal Procedure and Disposition.
      1. Student Conduct Committee:
         (1) The Committee shall be appointed by the Chancellor and shall have the authority to impose appropriate sanctions upon any student or students appearing before it.
         (2) The Committee, when appropriate or convenient, may be divided by the Chair of the Committee into Hearing Panels, each panel to be composed of at least five Committee members, which may include a maximum of two students, present at the hearing, including a designated chair. A Hearing Panel has the authority of the whole Committee in those cases assigned to it. The Chair of the Committee or of a Hearing Panel shall count as one member of the Committee or Hearing Panel and have the same rights as other members.
         (3) Each Chancellor shall appoint a panel of students, to be known as the Student Panel. Upon written request of a student charged before the Committee, made at least seventy-two (72) hours prior to the hearing, the Chair of the Committee or Hearing Panel shall appoint from the Student Panel not more than three students to sit with the Committee or two students to sit with the Hearing Panel (as stated in 3.a.(2)) for that particular case. When students from the Student Panel serve at the request of a student charged, they shall have the same rights as other members of the Committee or Hearing Panel.
      2. General Statement of Procedures. A student charged with a breach of the Student Conduct Code is entitled to a written notice and a formal hearing unless the matter is disposed of under the rules for informal disposition. Student conduct proceedings are not to be construed as judicial trials and need not wait for legal action before proceeding; but care shall be taken to comply as fully as possible with the spirit and intent of the procedural safeguards set forth herein. The Office of the General Counsel shall be legal adviser to the Committee and the Primary Administrative Officer/Designee(s).
      3. Notice. The Primary Administrative Officer/Designee(s) shall initiate student conduct proceedings by arranging with the Chair to call a meeting of the Committee and by giving written notice by certified mail or personal delivery to the student charged with misconduct. The notice shall set forth the date, time, and place of the alleged violation and the date, time, and place of the hearing before the Committee. Notice by certified mail may be addressed to the last address currently on record with the University. Failure by the student to have a current correct local address on record with the University shall not be construed to invalidate such notice. The notice shall be given at least seven (7) consecutive days prior to the hearing, unless a shorter time be fixed by the Chair for good cause. Any request for continuance shall be made in writing to the Chair, who shall have the authority to continue the hearing if the request is timely and made for good cause. The Chair shall notify the Primary Administrative Officer/Designee(s) and the student of the new date for the hearing. If the student fails to appear at the scheduled time, the Committee may hear and determine the matter.
   4. Right to Petition for Review: (other than University expulsion, University dismissal, or University suspension).
      1. In all cases where the sanction imposed by the Committee is other than University expulsion, University dismissal, or University suspension, the Primary Administrative Officer/Designee(s), the charged student or the alleged victim, (referred to hereafter as the “complainant”) in the case of nonconsensual sexual behavior may petition the Chancellor or Designee in writing for a review of the decision within five (5) calendar days after written notification. A copy of the Petition for Review must also be served upon the nonappealing party or parties within such time. The Petition for Review must state the grounds or reasons for review in detail, and the nonappealing party or parties may answer the petition within five (5) calendar days.
      2. The Chancellor or Designee may grant or refuse the right of review. In all cases where the Petition for Review is refused, the action of the Committee shall be final. If the Chancellor or Designee reviews the decision, the action of the Chancellor shall be final unless it is to remand the matter for further proceedings.
   5. Right of Appeal (University expulsion, University dismissal, or University suspension only).
      1. When a charged student is expelled, dismissed, or suspended from the University by the Committee, the Primary Administrative Officer/Designee(s), the charged student or the complainant in the case of nonconsensual sexual behavior may appeal such decision to the Chancellor or Designee by filing written notice of appeal stating the grounds or reasons for appeal in detail with the Chancellor within ten (10) calendar days after notification of the decision of the Committee. A copy of the Notice of Appeal will contemporaneously be given by the charged student to the Primary Administrative Officer/Designee(s) and complainant or by the Primary Administrative Officer/Designee(s) to the charged student and complainant, or by the complainant to the charged student and Primary Administrative Officer/Designee(s). The appealing party may file a written memorandum for consideration by the Chancellor with the Notice of Appeal, and the Chancellor may request a reply to such memorandum by the appropriate party. 
      2. The Chancellor or Designee shall review the record of the case and the appeal documents and may affirm, reverse, or remand the case for further proceedings and shall notify each party in writing of the decision on the appeal. The action of the Chancellor shall be final unless it is to remand the matter for further proceedings.
   6. Status During Appeal. In cases of suspension, dismissal, or expulsion where a Notice of Appeal is filed within the required time, a student may petition the Chancellor in writing for permission to attend classes pending final determination of appeal. The Chancellor may permit a student to continue in school under such conditions as may be designated pending completion of appellate procedures, provided such continuance will not seriously disrupt the University or constitute a danger to the health, safety, or welfare of members of the University community. In such event, however, any final sanctions imposed shall be effective from the date of the action of the Committee.
   7. Student Honor System. Forums under the student honor systems established for investigating facts, holding hearings, and recommending and imposing sanctions are authorized when the student honor code or other regulations containing well defined jurisdictional statements and satisfying the requirements of Section 10.030, which is Article V of the Bylaws of the Board of Curators, have been reduced to writing and have been approved by the Chancellor and the Board of Curators and notice thereof in writing has been furnished to students subject thereto. Though the student honor system has jurisdiction, together with procedures set forth therein, instead of the Primary Administrative Officer/Designee(s), the standard of conduct called for in any such student honor system shall be deemed to contain at a minimum the same standards set forth in Section 200.010, entitled Standards of Conduct. Procedures shall satisfy the requirements of the Board of Curators' Bylaws, Section 10.030, which is Article V, and shall contain procedures herein before stated insofar as appropriate and adaptable to the particular situation and shall be approved by the Chancellor and the General Counsel. Students subject to student honor systems shall have the rights of appeal as set forth in Section 200.020 E.6 and 7.
6. Hearing Procedures.
   1. Conduct of Hearing. The Chair shall preside at the hearing, call the hearing to order, call the roll of the Committee in attendance, ascertain the presence or absence of the student charged with misconduct, read the notice of hearing and charges and verify the receipt of notices of charges by the student, report any continuances requested or granted, establish the presence of any adviser or counselor of the student, and call to the attention of the student charged and the adviser any special or extraordinary procedures to be employed during the hearing and permit the student to make suggestions regarding or objections to any procedures for the Conduct Committee to consider.
      
      In cases where the misconduct charged is nonconsensual sexual behavior, the complainant will be afforded the same rights in the hearing as the accused student as described below.  In such cases, questions between the accused student and the complainant will be made through the Chair.
      1. Opening Statements.
         (1) The Primary Administrative Officer/Designee(s) shall make opening remarks outlining the general nature of the case and testify to any facts the investigation has revealed.
         (2) The student charged may make a statement to the Committee about the charge at this time or at the conclusion of the University's presentation. In cases of nonconsensual sexual behavior the complainant may likewise make a statement to the Committee at either time. 
      2. University Evidence.
         (1) University witnesses are to be called and identified or written reports of evidence introduced as appropriate.
         (2) The Committee may question witnesses at any time.
         (3) The student charged or, with permission of the Committee, the adviser or counselor may question witnesses or examine evidence at the conclusion of the University's presentation. In cases of nonconsensual sexual behavior the complainant may also question witnesses or examine evidence at the conclusion of the University’s presentation and the student charged’s questions.  In such cases, questions between the charged student and the complainant will be made through the Chair.
      3. Charged Student Evidence.
         (1) If the student charged has not elected to make a statement earlier under a.(2) above, the student shall have the opportunity to make a statement to the Committee about the charge.
         (2) The student may present evidence through witnesses or in the form of written memoranda.
         (3) The Committee may question the student or witnesses at any time. The Primary Administrative Officer/Designee(s) may question the student or witnesses. In cases of nonconsensual sexual behavior the complainant may question witnesses.  In such cases, questions between the complainant and the charged student will be made through the Chair.
      4. Complainant’s Evidence (in cases of nonconsensual sexual behavior)
         (1) If the complainant has not elected to make a statement earlier under a.(2) above, the complainant shall have the opportunity to make a statement to the Committee about the charge.
         (2) The complainant may present evidence through witnesses or in the form of written memoranda.
         (3) The Committee may question the complainant or witnesses at any time. The charged student may question witnesses. Questions between the charged student and the complainant will be made through the Chair.
      5. Rebuttal Evidence. The Committee may permit the University or the charged student, or in cases of nonconsensual sexual behavior, the complainant to offer a rebuttal of the other's presentation(s).
      6. Rights of Student Conduct Committee. The Committee shall have the right to:
         (1) Hear together cases involving more than one student which arise out of the same transaction or occurrence, but in that event shall make separate findings and determinations for each student;
         (2) Permit a stipulation of facts by the Primary Administrative Officer/Designee(s) and the student involved;
         (3) Permit the incorporation in the record by reference of any documentation, produced and desired in the record by the University or the student charged;
         (4) Question witnesses or challenge other evidence introduced by either the University or the student at any time;
         (5) Hear from the Primary Administrative Officer/Designee(s) about dispositions made in similar cases and any dispositions offered to the student appearing before the Committee;
         (6) Call additional witnesses or require additional investigation;
         (7) Dismiss any action at any time or permit informal disposition as otherwise provided;
         (8) Permit or require at any time amendment of the Notice of Hearing to include new or additional matters which may come to the attention of the Committee before final determination of the case; provided, however, that in such event the Committee shall grant to the student or Primary Administrative Officer/Designee(s) such time as the Committee may determine reasonable under the circumstances to answer or explain such additional matters;
         (9) Dismiss any person from the hearing who interferes with or obstructs the hearing or fails to abide by the rulings of the Chair of the Committee;
         (10) Suspend summarily students from the University who, during the hearing, obstruct or interfere with the course of the hearing or fail to abide by the ruling of the Chair of the Committee on any procedural question or request of the Chair for order.
   2. Rights of Students Charged Upon Hearing and of Complainants in the Case of Nonconsensual Sexual Behavior. A student appearing before a Committee shall have the right to:
      1. Be present at the hearing;
      2. Have an adviser or counselor and to consult with such adviser or counselor during the hearing;
      3. Hear or examine evidence presented to the Committee;
      4. Question witnesses present and testifying;
      5. Present evidence by witnesses or affidavit;
      6. Make any statement to the Committee in mitigation or explanation of the conduct in question;
      7. Be informed in writing of the findings of the Committee and any sanctions it imposes; and
      8. Request review or appeal to the Chancellor as herein provided.
   3. Determination by the Student Conduct Committee. The Committee shall then make its findings and determinations based on the preponderance of the evidence in executive session out of the presence of the Primary Administrative Officer/Designee(s) and the student charged. Separate findings are to be made:
      1. As to the conduct of the student, and
      2. On the sanctions, if any, to be imposed. No sanctions shall be imposed on the student unless a majority of the Committee present is convinced by the preponderance of the evidence that the student has committed the violation charged.
   4. Official Report of Findings and Determinations. The Committee shall promptly consider the case on the merits and make its findings and determination and transmit them to the Primary Administrative Officer/Designee(s) and the student charged forthwith.
   5. Other Procedural Questions. Procedural questions which arise during the hearing not covered by these general rules shall be determined by the Chair, whose ruling shall be final unless the Chair shall present the question to the Committee at the request of a member of the Committee, in which event the ruling of the Committee by majority vote shall be final.
   6. General Rules of Decorum. The following general rules of decorum shall be adhered to:
      1. All requests to address the Committee shall be addressed to the Chair.
      2. The Chair will rule on all requests and points of order and may consult with Committee's legal adviser prior to any ruling. The Chair's ruling shall be final and all participants shall abide thereby, unless the Chair shall present the question to the Committee at the request of a member of the Committee, in which event the ruling of the Committee by majority vote shall be final.
      3. Rules of common courtesy and decency shall be observed at all times.
      4. An adviser or counselor may be permitted to address the Committee at the discretion of the Committee. An adviser or counselor may request clarification of a procedural matter or object on the basis of procedure at any time by addressing the Chair after recognition.
   7. Record of Hearing. An audio, video, digital, or stenographic record of the hearing shall be maintained. The notice, exhibits, hearing record, and the findings and determination of the Committee shall become the "Record of the Case" and shall be filed in the Office of the Primary Administrative Officer/Designee(s) and for the purpose of review or appeal be accessible at reasonable times and places to both the University and the student(s) entitled to review or appeal.
   8. Crimes of Violence and Non-Forcible Sex Offences. In cases of alleged crimes of violence and non-forcible sex offences:
      1. The alleged victim is entitled to have an adviser or counselor present during his or her participation in the hearing.
      2. The alleged victim and the accused shall be informed of the outcome of any campus disciplinary proceeding brought alleging a crime of violence or non-forcible sexual assault.