Student Disciplinary Regulations (Code of Conduct)

Effective: August 21, 2000
Updated/Revised: April 14, 2017
Contact: Dean of Students Office - Division of Student Affairs

Contents

1. Statement of Philosophy
2. Rights and Responsibilities
3. Offices and Their Functions
4. Student Conduct Code
5. Process
6. Appeals
7. Reinstatement
8. Records of Disciplinary Actions
9. Amendment
Resources


1. Statement of Philosophy

Iowa State University is an institution that encourages the intellectual and personal growth of its students as scholars and citizens. As an educational institution, the university recognizes that the transmission of knowledge, the pursuit of truth, and the development of individuals require the free exchange of ideas, self-expression, and the challenging of beliefs and customs.

In order to maintain an environment where these goals can be achieved safely and equitably, the university promotes civility, respect and integrity among all members of the community. The university strives to guide the educational community by establishing the Student Disciplinary Regulations including a Student Conduct Code and student judicial system that promotes individual and social responsibility. Choosing to join the Iowa State University community obligates each member to a code of civilized behavior. Individuals, student organizations and campus organizations are expected to observe the policies, rules, and regulations of Iowa State University, the City of Ames, the State of Iowa, and the United States of America. University policies have been designed to protect individuals and the campus community and create an environment conducive to achieving the academic mission of the institution.

The purposes of the Student Disciplinary Regulations are to set forth the specific authority and responsibility of the university in maintaining social discipline, to establish guidelines that facilitate a just and civil campus community, and to outline the educational process for determining student and student/campus organization responsibility for alleged violations of university regulations. This judicial process will follow established procedures for ensuring fundamental fairness and an educational experience that facilitates the development of the individual and of the student/campus organization. top


2. Rights and Responsibilities

Students have certain rights as members of the university community in addition to those constitutional and statutory rights and privileges inherent from the State of Iowa and the United States of America, and nothing in this document shall be construed so as to limit or abridge students' constitutional rights. Students have the responsibility not to deny these rights to the other members of the university community. Student rights and responsibilities at Iowa State University are listed and explained here.

2.1 Student Rights and Responsibilities
2.2 Complainant Rights and Responsibilities
2.3 Rights and Responsibilities of Witnesses and Other Persons Reporting Violations

2.1 Student Rights and Responsibilities

  1. All Iowa State University students have the right to:
    1. Have access to academic and non-academic university policies.
    2. Express themselves through academic work within the guidelines of the university rules and regulations. The right to expression does not affect the responsibility of the university and its faculty to evaluate based upon genuine academic criteria such as relevance, coherence, creativity and quality of academic work.
    3. Participate in university-sponsored activities and services without threat of harassment or discrimination.
    4. Join any organization without fear of charges being brought solely on the basis of membership.
    5. Expect that the university will not create and keep records that reflect beliefs, political activity, and associations except for information provided by students. The university may maintain counseling, health, law enforcement and disciplinary records which can be released only by expressed consent, a court order or as otherwise permitted by law.
    6. Petition for change in academic or non-academic regulations, procedures, or practices.
    7. Be protected from ex post facto (after the fact) regulations. An ex post facto rule is a rule created after an act has occurred, in order to be applied to the prior act.
    8. Due process in the student judicial process, as required by law and as described in section 5, below.
    9. Be informed of and comment during the process of formulating non-academic regulations, procedures, or practices of the university. 
  2. Subject to the rights indicated above, students and registered student/campus organizations have the responsibility to:
    1. Respect the personal and property rights of the university community and all its members.
    2. Represent themselves and their organizations truthfully and accurately in their interaction with official university functions.
    3. Accept the consequences of their actions. top

2. 2 Complainant Rights and Responsibilities

  1. Complainants are persons who were the target of, or were affected by, the misconduct of the accused student or student/campus organization. In addition to the rights of all students contained in section 2.1, complainants have the following rights:
    1. Complainants shall be provided information concerning counseling, mental health or medical services available on campus and in the community.
    2. Complainants have the right to decide whether or not to notify law enforcement authorities and/or to file a report of misconduct with the Office of Student Conduct (OSC).
    3. To be informed about the status of the disciplinary case pending in the OSC.
    4. Complainants may make a statement of how the alleged conduct has affected them at the time of any disciplinary hearing. If the complainant is a member of the university community at the time of a request for reinstatement by a student who committed a violation against the complainant, the complainant has a right to provide a statement for or against reinstatement.
    5. Complainants may make a statement of their opinion as to an appropriate sanction if a student or student/campus organization is found responsible for misconduct.
    6. To know the final result of the case. The final results include the name of the accused student, whether the accused student was found responsible or not and any sanction that was imposed.
    7. Complainants have the right to participate in the student judicial process as required by law and as described in section 5, below.
    8. Complainants have the right to be free of any form of retaliation or harassment due to reporting misconduct on the part of another student. 
    9. Complainants reporting domestic violence, dating violence, sexual assault and stalking also have the rights provided by law and the university’s written Explanation of Rights for persons reporting such acts.
  2. In addition to the responsibilities of all students contained in section 2.1, complainants have the responsibility to cooperate in providing accurate information regarding the alleged conduct, including providing documents and physical evidence if requested.

2.3 Rights and Responsibilities of Witnesses and Other Persons Reporting Violations

  1. In addition to the rights of all students contained in section 2.1, witnesses and other persons who report violations of these Student Disciplinary Regulations have the following rights:
    1. Witnesses and other persons who obtain evidence of misconduct may report it to the OSC.
    2. Witnesses and other persons who report violations have the right to be free of any form of retaliation or harassment due to reporting misconduct on the part of another student. 
  2. In addition to the responsibilities of all students contained in section 2.1, witnesses and other persons who are students and report violations of these Student Disciplinary Regulations have the responsibility to cooperate in providing accurate information regarding the alleged misconduct, including providing documents and physical evidence if requested. top

3. Offices and Their Functions

3.1 Board of Regents, State of Iowa
3.2 President
3.3 Senior Vice President for Student Affairs
3.4 Dean of Students
3.5 Office of Student Conduct (OSC)
3.6 Office of Student Conduct (OSC) Administrator
3.7 Office of Equal Opportunity and Title IX Coordinator
3.8 Residence Student Conduct (RSC) Coordinator
3.9 Residence Area Directors
3.10 Student Conduct Hearing Board (SCHB)
3.11 Greek Judicial Representatives
3.12 Administrative Hearing Officers
3.13 Administrative Law Judges
3.14 Other Judicial Bodies at ISU
3.15 Student Government Supreme Court
3.16 Sports Club Council

3.1 Board of Regents, State of Iowa

The Board of Regents, State of Iowa, governs the Regent universities, including Iowa State University. Persons who have exhausted their appeal rights within Iowa State University may appeal to the Board of Regents. Regent policies and rules govern such appeals. top


3.2 President

The Board of Regents has delegated to the President of Iowa State University general authority over the university. Responsibility for student conduct has been delegated to the Senior Vice President for Student Affairs, subject to the discretionary authority of the President to review a case once the Senior Vice President for Student Affairs or Dean of Students has made a decision. Students and student/campus organizations may seek discretionary review by the President prior to appealing to the Board of Regents.


3.3 Senior Vice President for Student Affairs

The Senior Vice President for Student Affairs is the chief officer responsible for the university Student Disciplinary Regulations. The Senior Vice President hears appeals of Student Conduct Hearing Board (SCHB) recommendations once the Dean of Students has made a determination. See section 6, Appeals. The Senior Vice President's action is final, subject only to discretionary review by the President or an appeal to the Board of Regents.


3.4 Dean of Students

The Dean of Students oversees the operation of the OSC and the various hearing bodies. The Dean of Students receives recommendations from the SCHB. The Dean of Students also hears appeals of all administrative hearings. See section 6, Appeals. The Dean of Students' action on an appeal is final, subject only to discretionary review by the President or an appeal to the Board of Regents.

The Dean of Students notifies students and student/campus organizations of the outcome of SCHB cases and appeals from administrative hearings. top


3.5 Office of Student Conduct (OSC)

The staff of the OSC is responsible for:

  1. Receiving reports of misconduct.
  2. Investigating allegations of misconduct, or assigning a case to another unit for investigation.
  3. Determining whether a matter warrants a hearing.
  4. Referring cases to the proper hearing board, or in the cases of Level 2 violations, holding administrative hearings. See section 5.8.
  5. Issuing notices of hearing.
  6. Maintaining records regarding disciplinary actions.
  7. Informing complainants of the outcome of the disciplinary process.
  8. Training the members of each of the various conduct boards and administrators of the Student Disciplinary Regulations.

3.6 Office of Student Conduct (OSC) Administrator

The OSC Administrator oversees the activities of the OSC and coordinates with the Residence Student Conduct (RSC) Coordinator, the Greek Judicial representatives, the Office of Equal Opportunity and the various hearing bodies.

The OSC Administrator reviews all reports to assure that they are properly assigned for investigation. The OSC Administrator has the authority to assume responsibility for any case. After investigation, if it is determined that the case should go to a hearing, the OSC determines the proper hearing body to hear the matter. The OSC Administrator is responsible for maintaining all records of disciplinary matters that are created during the process outlined in the university Student Disciplinary Regulations.


3.7 Office of Equal Opportunity and Title IX Coordinator

The university has designated the director of the Office of Equal Opportunity to handle inquiries regarding non-discrimination and harassment policies. The director is also the Title IX Coordinator for the university and is charged with the responsibility to complete internal investigations involving violations of the university policies regarding sexual misconduct, sexual assault, and sexual harassment involving students; domestic violence and dating violence; discrimination; harassment and discriminatory harassment; and stalking . top


3.8 Residence Student Conduct (RSC) Coordinator

The RSC Coordinator works with the OSC to determine whether the case will be handled in the residence judicial system or by the OSC.

A student charged with misconduct may request that the RSC Coordinator hear the case as an administrative hearing. The RSC Coordinator may delegate authority to Residence Area Directors to hold administrative hearings and hear cases.


3.9 Residence Area Directors

  1. For purposes of the university Student Disciplinary Regulations, Residence Area Directors are those employees within the Department of Residence with responsibility to manage student disciplinary matters within the different university housing areas.
  2. Within the residence judicial system, Residence Area Directors are responsible for:
    1. Receiving reports of misconduct, and forwarding them to the RSC Coordinator.
    2. Investigating allegations of misconduct.
    3. Issuing notices of hearing.
    4. Conducting administrative hearings when delegated by the RSC Coordinator.
    5. Filing records regarding disciplinary actions with the RSC Coordinator.
    6. Informing complainants of the outcome of the disciplinary process. top

3.10 Student Conduct Hearing Board (SCHB)

The SCHB hears cases in which a serious violation of the Student Conduct Code may result in suspension or expulsion from the university. The SCHB may also hear cases of minor nature which have been referred by the OSC. The SCHB hears cases in boards of five persons each, at least two of whom are students. The SCHB makes its recommendation to the Dean of Students.

The SCHB is composed of ten faculty members nominated by the members of the university community or the Faculty Senate, ten staff members nominated by the Senior Vice President for Student Affairs, ten graduate students nominated by the Graduate and Professional Student Senate, ten students nominated by the Student Government and fifteen students nominated by the Dean of Students. All appointments are subject to the approval of the Senior Vice President of Student Affairs.

All appointments are for a two-year term and may be extended or reappointed if the member is willing to serve, unless the member has been removed by the appointing authority. If a vacancy occurs on the committee, the nominating authority will replace that member with an interim member to complete the term. All chairpersons (individual or joint) are approved by the Senior Vice-President for Student Affairs and are from members of the general faculty or the professional and scientific staff. This appointment shall be for a three-year term and may be extended or reappointed. Two faculty/staff and two students selected from the 45-member SCHB and the hearing board chair will constitute the hearing board for each case.


3.11 Greek Judicial Representatives

The Greek councils (Panhellenic, Interfraternity Council and the National Pan-Hellenic Council) shall designate one or more judicial affairs representatives who will work in concert with the OSC to investigate and present cases involving violations of the Student Conduct Code and other violations of university rules. Greek Judicial representatives may not proceed to hearing without the approval of the OSC Administrator.


3.12 Administrative Hearing Officers

In cases involving Level 1 violations in which a student waives an SCHB hearing (see section 5.7.1), the OSC Administrator may impose any sanction which could have been imposed in an SCHB hearing. In cases involving Level 2 violations, the staff of the OSC may hold administrative hearings as administrative hearing officers (see section 5.8.3) and can impose any sanction allowed by section 5.8.4. top


3.13 Administrative Law Judges

In certain cases, students will be given the option of having their case heard in accordance with the state Administrative Procedure Act (APA). Students who elect an APA hearing will have the case heard by an administrative law judge appointed in accordance with Iowa Code Chapter 17A and Regent rules at 681 Iowa Administrative Code (IAC) §20.4-20.5A.


3.14 Other Student Judicial Bodies at ISU

Other student judicial bodies exist within student or campus organizations with the authority to resolve internal disputes within the organization and between its members. These judicial bodies do not have jurisdiction to resolve alleged violations that are the subject of the university Student Disciplinary Regulations unless the OSC Administrator determines not to pursue the matter as a disciplinary proceeding under the university Student Disciplinary Regulations.


3.15 Student Government Supreme Court

The Student Government Supreme Court is a judicial body created by Student Government to resolve grievances between or among registered student/campus organizations and students and shall extend to all cases arising out of the laws of Student Government.


3.16 Sports Club Council

The Sports Club Council is a judicial body created by the Constitution of the ISU Sports Club Council to resolve grievances between registered sports clubs or a grievance by a member of the Sports Club Council concerning matters involving the Sports Club Council. top


4. Student Conduct Code

Students and registered student/campus organizations are entitled to all the rights and protections enjoyed by members of the university community and are subject to obligations by virtue of this membership. Students and registered student/campus organizations also are subject to all civil and criminal laws, the enforcement of which is the responsibility of duly constituted civil and criminal authorities.

4.1 General Definitions and Standards
4.2 Prohibited Conduct

4.1 General Definitions and Standards

The following general definitions and standards apply to violations of the Student Conduct Code.

4.1.1 Members of the University Community
4.1.2 Campus
4.1.3 Off Campus Violations
4.1.4 Seriousness of Infractions
4.1.5 Aiding and Assisting
4.1.6 Attempt
4.1.7 Organizational Responsibility
4.1.8 Persons Subject to Student Disciplinary Regulations
4.1.9 Effect on Payment of Fees
4.1.10 Simultaneous Criminal Proceedings

4.1.1 Members of the University Community

Members of the university community include students, faculty and staff of Iowa State University; the employees of organizations affiliated with ISU and located on or near campus; and visitors to the university and organizations affiliated with ISU. top

4.1.2 Campus

For the purposes of the conduct regulations, the campus includes the geographic confines of the university, including its land, institutional roads and buildings, its leased premises, common areas at leased premises, the property, facilities and leased premises of organizations affiliated with the university, such as the Memorial Union, university housing, and university-recognized housing. University housing includes all types of university residence housing such as halls and apartments. University-recognized housing includes fraternity and sorority chapter dwellings.

4.1.3 Off Campus Violations

Conduct off campus in violation of the conduct regulations which affects a clear and distinct interest of the university is subject to disciplinary sanctions. Specifically included within the university's interest are violations that:

  1. Involve conduct directed at other members of the university community;
  2. Disrupt educational or other functions of the university;
  3. Occur during or at university-sponsored events;
  4. Occur during the events of organizations affiliated with the university, including the events of student/campus organizations;
  5. Occur during a Study Abroad Program or other university-related international travel; or
  6. Pose a disruption or threat to the university community. top

4.1.4 Seriousness of Infractions

  1. A violation of any provision of the conduct regulations will be regarded as more serious if:
    1. The conduct involves threatened or actual physical injury to another person, or endangers other persons;
    2. The conduct is willful or intentional;
    3. The conduct results in, contributes to or enhances the severity of a public disorder, group violence or a mass disturbance that involves conduct in violation of section 4.2.13;
    4. The conduct involves interference with safety officials (police, fire and emergency medical responders) in the performance of their work;
    5. The conduct involves the use of drugs, alcohol or medicine to incapacitate a student's ability to give consent to participate in an activity;
    6. The same or similar conduct is repeated; or
    7. The conduct impairs other students' abilities to continue their education. 
  2. A violation of any provision of the conduct regulations will be regarded as less serious if:
    1. Immediately after the conduct, and before being notified that disciplinary action may take place, the violator takes significant measures to correct their conduct or lessen the damage caused;
    2. In the case of group violence or mass disturbance, the violator can show that their actions were consistently directed to quelling the riot or mass disturbance; or
    3. The violator was encouraged or coerced to act in an uncharacteristic manner. 

4.1.5 Aiding and Assisting

Students and student/campus organizations aiding or assisting others in violating university conduct regulations are subject to disciplinary sanction under these regulations.

4.1.6 Attempt

A student or student/campus organization may be disciplined for attempting to violate the Student Conduct Code, even though the attempt is not successful. top

4.1.7 Organizational Responsibility

A registered student or campus organization may be held responsible for misconduct when:

  1. Its officers or other leadership use or knowingly allow the use of the facilities, resources, membership or name of the student/campus organization for actions that are a violation of the Student Conduct Code;
  2. The leadership of the student/campus organization encourages a violation of the Student Conduct Code by its members; or
  3. A significant number of members of the student/campus organization engage in concerted action which violates the Student Conduct Code and the leadership of the student/campus organization knows or should have known of a violation by its members and takes no action to stop the violation.

4.1.8 Persons Subject to Student Disciplinary Regulations

Persons who are students or admitted to ISU at the time of the alleged violation are subject to these university Student Disciplinary Regulations. The term "student" shall include admitted students. Registered student/campus organizations are subject to these regulations.

4.1.9 Effect on Payment of Fees

Disciplinary action shall not affect payment of tuition and fees, nor will refunds of fees be granted. Exceptions may be granted in the case of a delay, not the fault of the student or student/campus organization, that causes the student to incur tuition or fees which could have been avoided.

4.1.10    Simultaneous Criminal Proceedings

A Formal Complaint may be instituted against an accused student charged with conduct that potentially violates both the Student Conduct Code in these Student Disciplinary Regulations and federal, state or local criminal law. In this situation the university reserves the right to move forward with the student disciplinary investigative and adjudication process at the same time the criminal process is proceeding. In cases affecting the safety of campus (including cases involving domestic violence, dating violence, sexual assault and stalking), the university will move forward with investigation and adjudication unless all parties agree to suspension of the university process, or the prosecuting authority handling the criminal matter requests suspension of the university process.  The university will suspend its process only it if it deems measures to preserve safety are sufficient under the circumstances. top


4.2 Prohibited Conduct

The following are violations of the Student Conduct Code and are subject to disciplinary sanctions by the university. Each violation is numbered for ease of reference and may be referred to as "SDR section X."

4.2.1     Academic and Research Misconduct
4.2.2     Misuse of Alcoholic Beverages and Controlled Substances
4.2.3     Assault, Injury and Threat
4.2.4     Indecent Exposure
4.2.5     Sexual Misconduct, Sexual Assault and Sexual Harassment
4.2.6      Domestic Violence and Dating Violence
4.2.7      Discrimination
4.2.8      Harassment and Discriminatory Harassment
4.2.9      Stalking
4.2.10     Public Urination
4.2.11     Hazing
4.2.12     Disruption of Rights
4.2.13     Public Disorder, Group Violence and Mass Disturbance
4.2.14     Contempt
4.2.15     Endangerment
4.2.16     Fire or Safety Violations
4.2.17     Possession or Misuse of Weapons
4.2.18     Unlawful Entry or Trespassing
4.2.19     Theft or Damage to Property or Services
4.2.20     Bribery and Extortion
4.2.21     Gambling
4.2.22     Misuse of Identification and Falsification
4.2.23     Misuse of Keys or Access Cards
4.2.24     Misuse of Technology Resources
4.2.25     Unauthorized Sale of Others' Intellectual Works
4.2.26     Violations of Conditions of Recognition
4.2.27     Violation of Department of Residence Regulations
4.2.28     Violation of Study Abroad Regulations
4.2.29     Violation of Regents Uniform Rules of Personal Conduct
4.2.30     Violation of ISU Non-Retaliation Against Persons Reporting Misconduct Policy
4.2.31     Violation of Any Local, State, or Federal Law

4.2.1 Academic and Research Misconduct

  1. Academic Misconduct. The academic work of all students must comply with all university policies on academic honesty. Examples of academic misconduct are:
    1. Attempting to use unauthorized information in the completion of an exam or assignment;
    2. Submitting as one's own work, themes, reports, drawings, laboratory notes, computer programs or other products prepared by another person;
    3. Knowingly assisting another student in obtaining or using unauthorized information or materials; or,
    4. Plagiarism.

Academic honesty policies are included in the policy on Academic Dishonesty, policies and procedures on Academic Misconduct Investigations, and the Acceptable Use of Information Technology Resources policy. Additional information on academic dishonesty is available in the Iowa State University Catalog (see Resources below). In addition, students are responsible for following ethical standards adopted by the various colleges and departments.

  1. Research Misconduct. Students must also comply with the university policy on Research Misconduct. The policy prohibits research misconduct, which is fabrication, falsification, or plagiarism in proposing, performing, or reviewing research or in reporting research results.
  2. In addition, students are responsible for adhering to expectations in course syllabi and for following directions given by faculty and instructors related to assignments and exams.

4.2.2 Misuse of Alcoholic Beverages and Controlled Substances

  1. Policies and Laws. Students and student/campus organizations are subject to ISU's alcohol policies and federal, state, and local laws. Violations of the policies or laws include, but are not limited to, the illegal possession, use, manufacture, distribution, or sale of alcoholic beverages or controlled substances both on and off campus. Members of the university community are accountable for their own actions and are expected to make responsible, lawful decisions regarding the use of alcohol. Alcohol must only be used in ways that neither harm nor degrade the individual or the university community. Students under the legal age may not use altered or falsified identification to procure alcohol.
  2. Supplying Alcohol to Persons Underage. Students and student/campus organizations may not supply alcoholic beverages to persons who are not of legal age to possess or consume alcoholic beverages. This section will apply to persons who intentionally, knowingly, recklessly or negligently supply alcohol to persons underage. For example, a person or organization that holds or sponsors an event/activity and fails to take reasonable measures to assure that persons under the legal age are not receiving and/or drinking alcohol is in violation of this section. This rule will not apply in those cases where alcoholic beverages are consumed in a private residence with the knowledge, consent and presence of the parent or guardian, or where the underage recipient handles alcoholic beverages in the course of employment by a licensed seller of alcoholic beverages, as provided under Iowa Code §123.47. top

4.2.3 Assault, Injury and Threat

Assault, injury or threat is an act that:

  1. Is intended to cause pain or injury to another;
  2. Is intended to result in physical contact which is insulting or offensive to another;
  3. Is intended to place another in fear of immediate physical contact that will be painful, injurious, insulting or offensive;
  4. Involves pointing any firearm or simulated firearm toward another;
  5. Involves the display, in a threatening manner, of any dangerous weapon toward another; or
  6. Involves making a threat intended to cause another person to fear for their safety or physical well-being.

4.2.4 Indecent Exposure

Indecent exposure, defined as intentionally, in a public place where other persons are present, exposing your genitals or other intimate parts of your body under circumstances where the exposure is reasonably likely to offend, annoy or alarm another person is prohibited.

4.2.5 Sexual Misconduct, Sexual Assault, and Sexual Harassment

Sexual misconduct, sexual assault and sexual harassment are prohibited as stated in the university's policy regarding Sexual Misconduct, Sexual Assault, and Sexual Harassment Involving Students. Sexual misconduct is a broad term encompassing any non-consensual behavior of a sexual nature that is committed by force or intimidation, or that is otherwise unwelcome. The term includes sexual assault, sexual exploitation, and sexual harassment as those behaviors are described in the university's policy regarding Sexual Misconduct, Sexual Assault, and Sexual Harassment Involving Students.

4.2.6 Domestic Violence and Dating Violence

Domestic violence and dating violence as defined below are prohibited.

  1. Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of jurisdiction.
  2. Dating violence means violence committed by a person – 1) who is or has been in a social relationship of a romantic or intimate nature with the victim; and 2) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship. (ii) The type of relationship. (iii) The frequency of interaction between the persons involved in the relationship. top

4.2.7 Discrimination

Discrimination, as defined in the university Discrimination and Harassment policy, can include disparate or different treatment directed toward an individual or group of individuals based on race, ethnicity, sex, pregnancy, color, religion, national origin, physical or mental disability, age (40 and over), marital status, sexual orientation, gender identity, genetic information, status as a U.S veteran (disabled, Vietnam, or other), or other protected class, when the treatment has a negative effect on the student's employment or education.

4.2.8 Harassment and Discriminatory Harassment

  1. Any act meeting the definition of harassment under Iowa Code §708.7 is a violation of this rule.
  2. Discriminatory Harassment, as defined by the university's Discrimination and Harassment policy, is prohibited. Discriminatory harassment is unwelcome behavior directed at an individual or group of individuals based on race, ethnicity, pregnancy, color, religion, national origin, physical or mental disability, age, marital status, sexual orientation, gender identity, genetic information, status as a U.S. veteran (disabled, Vietnam, or other), or other protected class when the behavior has the purpose or effect of substantially interfering with the student's education or employment by creating a hostile environment.
    1. Examples can include but are not limited to threats, physical contact or violence, pranks, jokes, bullying, epithets, vandalism, or verbal, graphic, written, or electronic conduct directed at an individual or group of individuals because of a protected class. Even if actions are not directed at specific individuals, a hostile environment may be created when the behavior is sufficiently severe, pervasive, and objectively offensive so as to substantially interfere with or limit the ability of an individual to work, study, or otherwise to participate in activities of the university.

4.2.9 Stalking

Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to—

  1. Fear for their safety or the safety of others, or
  2. Suffer substantial emotional distress.

4.2.10 Public Urination

Urinating in public is prohibited. top

4.2.11 Hazing

Hazing is any intentional, knowing, or reckless action, request, or creation of circumstances that:

  1. Endangers the health or safety of any individual;
  2. Causes or presents a substantial risk of physical injury, serious mental distress, or personal humiliation to any individual; or
  3. Involves the destruction or removal of public or private property in connection with initiation or admission into, or continued membership in, any group affiliated with the university, including but not limited to, any student, campus, fraternal, academic, honorary, athletic, or military organization.

It is not a defense to the violation of this section that the hazing participant provided explicit or implied consent. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this section.

4.2.12 Disruption of Rights

Violations involving disruption of a university community member's rights are:

  1. Intentional disruption, obstruction or denial of access to university services, facilities or programs;
  2. Intentional interference with the rights, privacy, privileges, health and safety of persons on campus;
  3. Interference with emergency evacuation procedures;
  4. Intentional or knowing interference with academic pursuits;
  5. Disorderly conduct;
  6. Disturbing the peace; or
  7. Inciting others to do acts which are restricted above. top

4.2.13 Public Disorder, Group Violence and Mass Disturbance

Misconduct under these regulations includes the following actions related to public disorder, group violence and mass disturbance:

  1. Participating in group behavior that involves damage to property, actual violence or threatened damage to property or violence;
  2. Inciting a group toward immediate violent behavior;
  3. Defying or refusing to obey police orders to disperse a group engaged in violent actions;
  4. Inciting or encouraging a group to defy police orders to disperse when the group is engaged in violent actions;
  5. Assaulting, throwing objects at, or otherwise endangering police officers or city or university officials and employees engaged in quelling a riot or mass disturbance;
  6. Starting, stoking or using fire, creating barricades, or blocking streets and passageways, as part of a riot or mass disturbance;
  7. Interfering with police, fire and emergency medical personnel in carrying out their duties during a riot or mass disturbance; or
  8. Attempting to circumvent or defeat police crowd-control measures.

Students charged with participating in or encouraging acts of violence during a riot or mass disturbance are subject to immediate interim suspension under section 5.5.2.

4.2.14 Contempt

Contempt is defined as the following:

  1. Failure to appear before any university adjudicatory or regulatory body as summoned;
  2. Failure to comply with any disciplinary sanctions or interim measures;
  3. Failure to comply with the directive of authorized university officials or police officers;
  4. Failure to identify oneself or to show an identification card when requested to do so by authorized university officials or police officers; or
  5. Providing, procuring, or seeking to procure, false testimony in any university or administrative process. top

4.2.15 Endangerment

The creation of a hazard, endangering the physical safety of self or others by engaging in a dangerous activity or using hazardous materials or chemicals is prohibited.

4.2.16 Fire or Safety Violations

Fire or safety violations are:

  1. Arson or attempt at arson;
  2. Tampering with, damaging or misusing fire/safety equipment, emergency exits, barriers or signs;
  3. Falsely reporting or setting alarms for fire, explosion or other emergencies on campus (for example: bomb threats);
  4. Interfering with law enforcement, fire safety officials, or university officials who are engaged in discharging a safety-related duty;
  5. Possession or unauthorized use of fireworks, explosive devices, or other flammable materials; or
  6. Failure to evacuate a university facility when the fire alarm has been sounded.

4.2.17 Possession or Misuse of Weapons

Possession of weapons, unless authorized by the university, is a violation.

  1. A weapon is any instrument or device designed primarily for use in inflicting death or injury upon a human being or animal, and which is capable of inflicting death or injury when used in the manner for which it was designed. Additionally, any instrument or device of any sort whatsoever which is actually used in such a manner as to indicate that the possessor intends to inflict death or injury upon another, and which, when so used, is capable of inflicting death or injury upon another, is a weapon.
  2. Weapons include any pistol, revolver, shotgun, machine gun, rifle or other firearm, BB or pellet gun, Taser or stun-gun, bomb, grenade, mine or other explosive or incendiary device, ammunition, archery equipment, dagger, stiletto, switchblade knife, or knife having a blade exceeding five inches in length. Residents of university housing may possess knives having a blade exceeding five inches for cooking purposes.
  3. A "weapon" also means an object that is not an instrument capable of inflicting death or injury but closely resembles such an instrument (for example, a realistic toy, replica, imitation weapon or look-a-like gun that is reasonably capable of being mistaken for a real weapon) or the student used the object in a manner that created the impression that the object was such an instrument (for example, wrapping a hand in a towel to create the appearance of a gun).

4.2.18 Unlawful Entry or Trespassing

Unauthorized or attempted unauthorized entry, occupation or use of any university-owned or controlled property, equipment or facilities is a violation. It is a violation to enter restricted areas of the university such as restricted research areas and utility tunnels. Remaining in or on premises after permission to remain has been revoked also is trespassing. top

4.2.19 Theft or Damage to Property or Services

Actual or attempted unauthorized taking, use, misappropriation, or damage to property or services owned or maintained by the university, property owned or controlled by recognized student organizations, by a member of the university or Ames communities, by any person or visitor on campus, or by any person attending a university-sponsored event is a violation. The knowing possession of stolen property is also a violation.

4.2.20 Bribery and Extortion

  1. Bribery is the offering, giving, receiving, or soliciting of anything of value to influence action as an official or in discharge of legal or public duty.
  2. Extortion is the attempt to obtain property, services or benefits from another induced by wrongful use of actual or threatened force, violence, fear or coercion, or false pretense.

4.2.21 Gambling

As provided by Iowa law, the following are prohibited:

  1. Bookmaking; or
  2. Placing a bet or accepting wagers for a fee outside licensed gambling locations.

4.2.22 Misuse of Identification and Falsification

Improper actions of identification or falsification are:

  1. Providing inaccurate identifying information to authorized officials with reason to request such information;
  2. Allowing another person to use identifying information of a different person for the purpose of accessing university services or misleading authorized officials;
  3. Knowingly misleading university officials, police officers, faculty, staff and organizations affiliated with the university in the conduct of their official duties;
  4. Tampering with official records, documents, identification cards; or
  5. Forgery.

4.2.23 Misuse of Keys or Access Cards

This violation is defined as unauthorized possession, duplication or use of keys or cards that permit access to any university or university-related services, vehicles, or premises, including university housing. top

4.2.24 Misuse of Technology Resources

Students and student/campus organizations are subject to ISU's Acceptable Use of Information Technology Resources policy. See Resources below. Examples of technology misuse may include, but are not limited to:

  1. Accessing, damaging or altering records, programs or databases without permission;
  2. Accessing or disclosing another user's private files without permission;
  3. Unlawful copying of, or improperly using or distributing copyrighted material;
  4. Use of university computing facilities for personal financial gain without permission of the university; or
  5. Sending or posting obscene, harassing or threatening material.

4.2.25 Unauthorized Sale of Others' Intellectual Works

Course-related presentations are owned by the presenter. Students may take written notes or make other recordings for educational purposes, but specific written permission to sell the notes or recordings must be obtained from the presenter. Failure to secure permission is a violation of these conduct regulations.

4.2.26 Violation of Conditions of Recognition

Registered student and campus organizations may be disciplined for failing to meet conditions of recognition of student/campus organizations as established by the university. In addition to these disciplinary regulations, registered student/campus organizations not in compliance with university regulations relating to student/campus organizations may be denied privileges by the office responsible for administering such conditions until they comply with conditions of recognition.

4.2.27 Violation of Department of Residence Regulations

Members of the university housing community are subject to the following additional rules and regulations:

  1. The terms of their residence contract, which are separately enforceable pursuant to the terms of the contract; and
  2. Rules and regulations adopted within the living unit in accordance with the bylaws of the student residence governments. top

4.2.28 Violation of Study Abroad Regulations

Students who participate in an ISU Study Abroad Program are subject to the following additional rules and regulations:

  1. Rules and regulations adopted by the ISU Study Abroad Center and provided to each student in the Study Abroad Code of Conduct (see Resources below);
  2. The laws of the host country in which the student is traveling or living; and
  3. The academic and disciplinary regulations of the educational institution or residential housing program where the student is studying.

4.2.29 Violation of Regents Uniform Rules of Personal Conduct

The Board of Regents, State of Iowa, has adopted Uniform Rules of Personal Conduct applicable to the public universities under their jurisdiction. See 681 IAC §9.1. A violation of the Uniform Rules of Personal Conduct is also a violation of this Student Conduct Code.

4.2.30 Violation of ISU Non-Retaliation Against Persons Reporting Misconduct Policy

Retaliation against a person who makes a good faith report of activity believed to be unlawful, unethical or in violation of university policy is prohibited. “Retaliation” is a materially (not trivial) adverse action taken against a person because of the person’s report, or participation in the investigation of a report of misconduct, or objecting to or resisting such misconduct.

4.2.31 Violation of Any Local, State, or Federal Law

Students and student/campus organizations are expected to abide by the laws and regulations applicable to other citizens. Any action or conduct that meets the definition of a crime under any local, state, or federal law is prohibited. A violation of this section may be shown by preponderance of the evidence, or by documentation of a final determination or formal admission of guilt. top


5. Process

5.1 Reports of Disciplinary Misconduct
5.2 Investigation of Disciplinary Misconduct
5.3 Classification and Formal Complaints
5.4 Giving Notice: How to Count Business Days
5.5 Interim Measures
5.6 Agreed Resolutions
5.7 Procedures and Sanctions in Level 1 Cases
5.8 Procedures and Sanctions in Level 2 Cases
5.9 Procedures in Study Abroad Cases

5.1 Reports of Disciplinary Misconduct

The student disciplinary process normally begins with the filing of a report by a complainant or a person who has observed or is aware of alleged student misconduct, whether the conduct was directed at the reporter or another person. Misconduct reports should be submitted as soon as possible after the misconduct event occurs. Although there is no time limit on the reporting of misconduct, the university may ultimately be unable to adequately investigate if too much time has passed or if the students involved have graduated. For reporting sexual misconduct, please refer to the university’s policy regarding Sexual Misconduct, Sexual Assault, and Sexual Harassment involving Students.

Misconduct reports may be filed by providing a written statement of the nature of the alleged violation to the following offices:

  1. For all matters: the OSC
  2. For sexual misconduct, sexual assault, sexual harassment and discrimination: the Office of Equal Opportunity
  3. For university housing matters: the RSC Coordinator or Residence Area Directors

The person who receives a misconduct report shall provide a copy of the report to the OSC Administrator within a reasonable time after receipt.

For allegations of academic dishonesty against students, consult the Academic Regulations of the Iowa State University Catalog for information relating to procedures prior to referral for disciplinary action. In the case of allegations of violation of the College of Veterinary Medicine Interclass Honor Code, cases may be brought under these procedures, or under the separate procedures of the College of Veterinary Medicine. Consult the College of Veterinary Medicine Student Handbooks. For allegations of research misconduct, consult the university's Research Misconduct policy for information relating to the procedures for handling such allegations. top


5.2 Investigation of Disciplinary Misconduct

When the OSC or the RSC Coordinator receives a report, a copy shall be filed centrally in the OSC. The OSC Administrator will determine who will investigate the alleged violation except for matters involving SDR 4.2.5 Sexual Misconduct, Sexual Assault and Sexual Harassment; SDR 4.2.6 Domestic Violence and Dating Violence; SDR 4.2.7 Discrimination; SDR 4.2.8 Harassment and Discriminatory Harassment; and SDR 4.2.9 Stalking. Investigations of these matters will be determined by the Office of Equal Opportunity.

The OSC Administrator and the Office of Equal Opportunity have the authority to initiate an investigation in the absence of a report, if they become aware of possible misconduct by a student or student/campus organization.

If it appears an investigation is warranted, the OSC or the Office of Equal Opportunity may schedule initial meetings with the complainant or with the accused student or student/campus organization to provide information as to 1) the allegations; 2) the possible hearing processes; 3) the student's or student/campus organization's rights; and 4) possible outcomes of the process. The complainant's initial meeting shall be separate from the initial meeting with the accused student. Failure of an accused student or the officers of an accused student/campus organization to appear for the initial meeting may result in placement of a hold on registration or records as provided under section 5.5.1. Failure to respond to a request for an initial meeting, or failure to appear for an initial meeting, will not prevent an investigation from proceeding.

Upon completing the investigation, the OSC Administrator will consult with the investigating office and determine if there is cause to believe a violation has occurred and whether the violation is classified as a Level 1 or Level 2 violation. top


5.3 Classification and Formal Complaints

The OSC will review all reports to determine whether there is sufficient evidence for charges and whether those charges are at the Level 1 or Level 2 classification.

5.3.1 Formal Complaint in Level 1 Cases

A Level 1 case is defined as any violation of the Student Disciplinary Regulations which may result in a sanction up to and including suspension or expulsion. In a Level 1 case, a formal complaint will be provided to a student or student/campus organization and will include:

  1. Any provision of the Student Conduct Code which appears to have been violated;
  2. A summary of grounds for the alleged violation;
  3. A specific date by which the student or student/campus organization must schedule an appointment and review the evidence contained in the student's disciplinary file; and
  4. A description of the hearing options available to the student or student/campus organization. The options include a hearing before the SCHB under section 5.7.1, waiving an SCHB hearing and requesting an administrative hearing before the OSC under section 5.7.1, or electing an administrative hearing under the Iowa Administrative Procedure Act (APA) pursuant to section 5.7.12.

In a Level 1 case, a notice of hearing will be provided to a student or student/campus organization at least seven business days before the hearing is held. The complainant shall be provided a copy of the formal complaint and notice of hearing at the same time as the accused student.

5.3.2 Formal Complaint in Level 2 Cases

A Level 2 case is defined as any violation of the Student Disciplinary Regulations which may result in a sanction up to and including Deferred Suspension. Level 2 cases cannot result in a student being suspended or expelled from the institution. In a Level 2 case, a Formal Complaint will be provided to a student or student/campus organization and will include:

  1. Any provision of the Student Conduct Code which appears to have been violated;
  2. A summary of grounds for the alleged violation; and
  3. A specific date by which the student and/or organization must schedule a hearing with the office responsible for hearing the formal complaint.

In a Level 2 case, a notice of hearing will be provided to a student or student/campus organization at least four business days before the hearing is held. The complainant shall be informed of the formal complaint and notice of hearing at the same time as the accused student. top


5.4 Giving Notice: How to Count Business Days

Notice is given to students via email which is the primary means the university has for contacting students. Additionally, notice may also be given to students living on campus by hand delivery to the student's residence hall or apartment mailbox, or to students living on or off campus by United States mail to the student's last known address. Notice may also be sent to a student’s home town address. Student/campus organizations may be given notice by hand delivery or United States mail to an officer of the organization as listed in the organization's last registration or request for recognition.

For the purpose of these procedures, "business days" are those days the university is open for regular business during the fall, spring or summer terms. Weekends and university-wide holidays are excluded. When the day by which some action must be taken falls between terms, or within the weeks of Thanksgiving or spring break, the action will normally be postponed to the first business day after the break or the beginning of the next term. However, the university may require, upon prior notification of the student, that extenuating circumstances warrant counting of days during such breaks.


5.5 Interim Measures

The following interim measures may be taken prior to the final adjudication of a case after an allegation of misconduct has been reported.

5.5.1 Hold on Registration and Records

  1. The OSC Administrator or Dean of Students may place a hold on the accused student's registration, transcripts, new awards of financial aid and/or other university records until the case is adjudicated when the following circumstances occur:
    1. The student has failed to respond promptly to requests for information from the investigating office;
    2. The student has failed to appear for the initial meeting with the OSC Administrator or for any hearing;
    3. The alleged conduct is such that, if true, may pose a threat of harm to persons or property; or
    4. The student is scheduled to graduate prior to the adjudication of the case. 
  2. When a student has pre-registered for a term after the one in which the hold is placed, the OSC Administrator or Dean of Students may also revoke the registration of a student.
  3. If there are allegations of misconduct relating to the qualifications of a student to graduate, such as allegations of academic fraud or serious allegations of misconduct, the OSC Administrator or Dean of Students may delay graduation until the charges are determined.
  4. The decision to place a hold on registration, to revoke registration, or to delay graduation may be appealed to the Dean of Students or the Senior Vice President for Student Affairs. The OSC Administrator or Dean of Students may impose reasonable conditions on release of the hold. top

5.5.2 Interim Suspension

The OSC Administrator or Dean of Students may order that a student be immediately excluded from classes, university facilities (including university housing), and / or denied privileges and ability to participate in activities when the student's continued presence may constitute a significant danger to safety or property. The student will receive a written notice stating the reasons for the interim suspension and the time and place of the hearing to be held within two business days. The hearing will be before the Dean of Students.

At the time of the hearing, the university shall show probable cause why interim suspension is warranted, and the student shall have the opportunity to show why interim suspension is not warranted. If it appears that the student's behavior indicates medical withdrawal is warranted, the OSC Administrator or Dean of Students may initiate medical withdrawal as provided in the Iowa State University Catalog under "Interim or Medical Withdrawal." Hearings regarding continued suspension and medical withdrawal will be held under that policy (see Resources below).

5.5.3 Interim Suspension of Organizational Privileges

The OSC Administrator or Dean of Students may order that a student/campus organization be immediately denied university privileges and be excluded from activities on the campus when the student/campus organization's continued activity on the campus may constitute a significant danger to safety, property or campus welfare. The student/campus organization will receive a written notice stating the reasons for the interim suspension and the time and place of the hearing to be held within five business days. The hearing will be before the Dean of Students. At the time of the hearing, the university shall show probable cause why interim suspension is warranted, and the organization shall have the opportunity to show why interim suspension is not warranted.

5.5.4 Restricted Contact Notice

In cases involving allegations of assault, injury, sexual abuse, harassment or where there is reason to believe continued contact between the accused and specific persons, including complainants and witnesses, may interfere with those persons' security, safety or ability to participate effectively in work or studies, the OSC Administrator, the director of Residence or director of Public Safety may require that the accused student be subject to restrictions on contact with specific persons. The student will receive a written notice of, and reasons for, the Restricted Contact Notice.

In addition to this internal university Restricted Contact Notice, complainants are advised that other similar options exist under Iowa law pursuant to civil and criminal proceedings. If criminal domestic abuse charges are filed against the accused the court will automatically impose a criminal No Contact Order pursuant to Iowa Code Chapter 664A. For other crimes, the court has the ability to impose a No Contact Order as well. If no criminal charges are filed, but the complainant is involved in a domestic relationship with the accused, the complainant may apply to the court for a Civil Protective Order under Iowa Code Chapter 236. top

5.5.5 Interim Removal from University Housing

The OSC Administrator or Dean of Students may order that a student be immediately removed from university housing when the student's continued presence constitutes an ongoing risk to property and / or to the safety and well-being of other students in the community. The student will receive a written notice stating the reasons for the interim removal and the time and place of the hearing to be held within two business days. The hearing will be before the Dean of Students.

At the time of the hearing, the university shall show probable cause why interim removal from university housing is warranted, and the student shall have the opportunity to show why interim removal from university housing is not warranted.

5.5.6 Other Interim Measures

Other Interim Measures are available for implementation prior to the final outcome of a disciplinary hearing to assist in ensuring the safety and well-being of university students in our educational setting. Implementation will depend on the specific facts and circumstances of each case but may include such measures as referrals for support services, changing on-campus living and dining arrangements, and/or adjusting academic courses, schedules and assignments or on-campus employment obligations for the involved students. When imposing interim measures, the OSC must work closely with the involved university departments and should minimize the burden on the complainant with the goal of ensuring the complainant’s continuing educational needs while also respecting the accused student’s rights.


5.6 Agreed Resolutions

At any time before the hearing, if the OSC Administrator and the accused student or student/campus organization reach agreement upon a reasonable sanction for conduct, the parties may enter into an agreed resolution which shall be binding upon approval by the Dean of Students. Discussions regarding agreed resolutions shall not be introduced against the accused as evidence of responsibility in disciplinary hearings. top


5.7 Procedures and Sanctions in Level 1 Cases

5.7.1      Jurisdiction of the SCHB; Waiver of SCHB Hearing
5.7.2      Conflicts of Interest and Challenging Hearing Board Members for Bias
5.7.3      Time for Hearing
5.7.4      Review of Documents and Case Summary
5.7.5      Opening of Hearings
5.7.6      Right to Presence of Advisors
5.7.7      Right to be Present/Failure to Attend
5.7.8      The Hearing
5.7.9    Sanctions Permissible in Level 1 Cases
5.7.10    Actions of Dean of Students
5.7.11    Notification of Final Results
5.7.12    Option for Administrative Procedure Act (APA) Hearing

5.7.1 Jurisdiction of the SCHB; Waiver of SCHB Hearing

If the OSC determines that the case is Level 1 (see section 5.3.1), the case will be heard by the SCHB hearing board. The accused student or student/campus organization may waive hearing and request an administrative hearing. The OSC may grant the request, or continue to an SCHB hearing. When an administrative hearing is held, the OSC will hear the case under the informal rules for administrative hearings and, if the student is found responsible, will recommend a sanction to the Dean of Students. When an SCHB hearing is waived, the OSC and the Dean of Students may impose any sanction which could have been imposed in an SCHB hearing. top

5.7.2 Conflicts of Interest and Challenging Hearing Board Members for Bias

In order to provide an impartial hearing, each panel member selected for an SCHB Hearing will be queried for conflicts of interest or potential bias.  Based upon the disclosure, the OSC Administrator may reject the panel member and select a new one.  If a panel member discloses a conflict of interest or potential bias, and the individual is not rejected, the disclosure will be made available to the accused student and the complainant or student/campus organization.

Whether there is a disclosure or not, the accused student, complainant or student/campus organization may request removal of members of the hearing board for reasons of bias. Such requests, including the reasons for it, should be made as early as possible to the OSC Administrator, but no later than 5:00 p.m. of the business day prior to the hearing. If there is a change in the composition of the hearing board after issuance of the notice of the hearing, the student or student/campus organization may request removal of the new board members at the opening of the hearing. The chair of the hearing board will make decisions regarding removal, unless the student is requesting removal of the chair. Where there is a request to remove the chair, and the chair does not voluntarily remove themselves, the Dean of Students will decide whether removal is warranted.

5.7.3 Time for Hearing

The SCHB hearing will be held within 20 business days of issuance of formal complaint, unless the OSC or the hearing board chair grants additional time upon the written request of the accused student, the accused student/campus organization or the Student Conduct representative presenting the case. The accused student or student/campus organization and the complainant shall have at least seven business days' notice of the charges and hearing.

5.7.4 Review of Documents and Case Summary

After issuance of a formal complaint or notice of the SCHB hearing, the accused and the complainant may review the documents to be presented at the hearing (in the OSC only) and the case summary evidence prepared by the OSC. The accused and the complainant may suggest the names of witnesses to be called during the hearing. The case summary will indicate the following information:

  1. Persons expected to testify
  2. Documents expected to be used
  3. A short summary of the information to be presented to the SCHB. top

5.7.5 Opening of Hearings

All hearings are closed to the public; however, the accused has the right to submit a written request for an open hearing at least three business days prior to the hearing. The hearing board chair also has the discretion to close a hearing or a portion of the hearing when:

  1. Charges involve alleged personal misconduct that might be embarrassing to the party, the complainant or witnesses;
  2. The complainant does not agree to an open hearing.
  3. A witness might be harmed if the case were disclosed;
  4. A witness does not agree to give open testimony;
  5. Private student records, as defined under the Family Educational and Privacy Rights Act (FERPA), would be disclosed; or
  6. There is another compelling reason.

5.7.6 Right to Presence of Advisors

Any two persons from within the university community (faculty, staff, student) or outside the university community may advise the accused student or student/campus organization. Complainants and witnesses at a proceeding also have the same right to the presence of advisors. The SCHB is not a court proceeding.

  1. The advisor may:
    1. Advise the students on the preparation and presentation of the case;
    2. Accompany students to all judicial hearings; and
    3. Advise the students in preparation and presentation of any appeal.
  2. The advisor may not:
    1. Present any part of the case for the students or student/campus organization. However, a student with a disability affecting communication or a student who cannot effectively communicate in the English language may seek a reasonable accommodation from the chair of the assigned SCHB hearing board to allow an advisor or interpreter to present or translate the case for the student;
    2. Directly examine or cross examine witnesses; or
    3. Disrupt or delay the proceedings.
  3. Advisors not complying with university hearing procedures may be removed from the judicial proceedings by the chairperson of the SCHB hearing board. top

5.7.7 Right to be Present/Failure to Attend

The accused student, complainant or officers of an accused student/campus organization have the right to be present at the hearing. If the student or student/campus organization fails to attend the hearing after having been given proper notice of the hearing, the hearing board chair may find the student or student/campus organization responsible and recommend an appropriate sanction. The hearing board chair must require the OSC Administrator to present a summary of the evidence prior to making a finding and recommendation.

5.7.8 The Hearing

The hearing board chair will have general authority to control the proceedings and to call conferences of the SCHB. The hearing board chair may permit testimony to be taken by telephone, remote video or otherwise, keeping in mind fairness to the accused and the complainant. The accused student and the complainant shall have substantially the same opportunity to present to the SCHB. Upon request, the complainant shall be separated from the accused student during the hearing. The chair may impose measures to prevent witnesses from being harassed by any party.

  1. The chair will ask the accused to state whether they are responsible or not responsible for the alleged violation. The accused may remain silent or refuse to answer any questions. The accused may admit responsibility and make a statement regarding suggested sanctions.
  2. The OSC representative and the accused will be asked to give a summary of the case.
  3. A representative of the OSC will present the case to the SCHB. The OSC representative will be asked to present the evidence supporting disciplinary action.
  4. The complainant will be asked to present a statement and evidence supporting their view of the case.
  5. The accused will be asked to present a statement and evidence supporting their view of the case.
  6. Witnesses may be questioned by members of the SCHB. All questions to witnesses and parties will be directed through the SCHB. There will be no direct questioning between the accused and complainant. At the request of either party, witnesses (other than the accused and the complainant) will be excluded from the hearing room until such time as they have testified. The hearing board and the accused may call witnesses as deemed necessary.
  7. Formal rules of evidence do not apply. The SCHB will consider both witness testimony and documentary evidence and give it appropriate weight under the circumstances. Past unrelated behavior of the accused or the complainant shall not be admitted in evidence by the SCHB chair.
  8. The hearing board will make its decision based on the evidence presented at the hearing.
  9. A video recording will be made in SCHB hearings. All other recording devices and/or cameras are prohibited in hearings.
  10. After hearing the evidence, the hearing board will deliberate in private and decide by a vote of at least three of its five members whether the accused student or student/campus organization is responsible for the alleged violation. The hearing board shall base its decision that the alleged violation occurred or not on a standard of preponderance of the evidence (i.e., whether it is more likely than not that an alleged violation occurred). The hearing board shall forward a written statement that explains the reasons for their recommendation to the Dean of Students.
  11. If the accused is found responsible, the hearing board shall request a pre-sanction report from the OSC to determine if the accused may have had previous violations.  Additionally, the complainant may make a statement in person or in writing about how the alleged conduct has affected them and may also provide a recommendation as to an appropriate sanction. The SCHB will then recommend sanctions to the Dean of Students.
  12. Dissenting members may present a dissenting opinion or recommended sanction to the Dean of Students. top

5.7.9 Sanctions permissible in Level 1 Cases

  1. Individuals: In addition to the sanctions permissible in a Level 2 case (see section 5.8.4), the following sanctions may be imposed upon an individual student in a Level 1 case:
    1. Restitution: A requirement to pay the cost of property damage or medical expenses to another student or student/campus organization incurred during conduct violation or make other appropriate restitution, where the costs are up to or exceeding $1000;
    2. Long-Term Limitation on Activity or Access: A requirement that the student be limited in or excluded from participation in an extracurricular activity, club or organization for a period of more than seven months. Access to university facilities and premises may be limited or denied.
    3. Revocation of Admission: If a student violates the Student Conduct Code after admission, but before attendance at the university, admission may be revoked and fees may be refunded.
    4. Defined Length Suspension: The student is dropped from the university for a specific length of time. This suspension may not be less than one semester or more than two years. Reinstatement may be contingent upon meeting the written requirements of the SCHB at the time the sanction was imposed. A hold will be placed on reentry until reinstatement is granted under the procedure provided in section 7 below.
    5. Indefinite Suspension: The student is dropped from the university indefinitely. Reinstatement may be contingent upon meeting the written requirements of the SCHB specified at the time the sanction was imposed. Normally, a student who is suspended indefinitely may not be reinstated for a minimum of two years. A hold will be placed on reentry until reinstatement is granted under the procedure provided in section 7 below.
    6. Expulsion: The student is permanently deprived of their opportunity to continue at the university in any status.
    7. Transcript Notation: When a student is sanctioned with an expulsion, suspension or revocation of admission, a written notation will be placed on the student's official transcript.
  2. Student/Campus Organizations: In addition to the sanctions permissible in a Level 2 case (see section 5.8.4), the following sanctions may be imposed upon a registered student/campus organization in a Level 1 case:
    1. Term Suspension: A student/campus organization may be suspended from recognition and university privileges for a specific amount of time. This suspension may not be less than one semester or more than four years.
    2. Indefinite Suspension: A student/campus organization may be indefinitely suspended from recognition and university privileges. The suspension may indicate that the student/campus organization shall not be considered for reinstatement for a specified period of time. To achieve recognition again, the student/campus organization may apply for recognition, and the nature of the conduct giving rise to the indefinite suspension may be considered in deciding to recognize the student/campus organization. See section 7.
    3. Long Term Limitation on Activity or Access: A requirement that the student/campus organization be limited in or excluded from participation in an extracurricular activity, club or organization for a period of more than seven months. Access to university facilities and premises may be limited or denied.
    4. Officer or Member Sanctions: As a condition of any sanction imposed on a student/campus organization, the organization may be required to: remove or suspend from office any officer, prohibit identified members from becoming officers and/or remove or suspend identified members. top

5.7.10 Actions of Dean of Students

In reaching a final decision, the Dean of Students may:

  1. Consult with the SCHB in determining whether to accept or reject its recommendation;
  2. Ask the SCHB to reopen the case and consider additional matters;
  3. Accept the recommendation;
  4. Reject the recommendation and find the student or student/campus organization responsible or not responsible; or
  5. If there is a finding that the student or student/campus organization has violated the Student Conduct Code or rules governing a student/campus organization, modify the recommended sanction.

Before the Dean of Students chooses not to follow an SCHB recommendation, the Dean must consult with the SCHB chair regarding the change, and provide an explanation in the final decision with reasons supporting the modification of the SCHB recommendation.

5.7.11 Notification of Final Results

The Dean of Students will notify in writing the accused, the SCHB, the OSC and appropriate university administrators of the result within seven business days of the final decision. The Dean of Students Office will notify any complainant of the final result at the same time as the accused student is notified.

5.7.12 Option for Administrative Procedure Act (APA) Hearing

  1. In order to assure compliance with the Iowa Administrative Procedure Act (Iowa Code Chapter ), in Level 1 cases when the OSC is seeking a sanction of Expulsion or Suspension, ISU provides the option for students or student/campus organizations to have their case heard by an administrative law judge under the procedures of Iowa Code §17A.11-16 and 681 IAC §20. Students will be advised of this right in the Formal Complaint. Students or student/campus organizations must make the election within five business days of receiving the formal complaint. Otherwise, they are deemed to have waived their right to an APA hearing.
  2. In APA hearings, the university may elect to have a member of its legal staff present the case to the administrative law judge. A complainant in a matter involving a violation of the Sexual Misconduct policy shall have the same rights as an accused student during the presentation of the case before an administrative law judge. top

5.8 Procedures and Sanctions in Level 2 Cases

5.8.1    Assignment of Level 2 Cases
5.8.2    Right to Presence of Advisors
5.8.3    Administrative Hearings
5.8.4    Sanctions in Administrative Hearings
5.8.5    Notification of the Result of Administrative Hearings


5.8.1 Assignment of Level 2 Cases

If the OSC Administrator determines the case is of Level 2 classification, it will be referred to the RSC Coordinator, if it involves a university housing issue; or to an OSC administrative hearing. For all cases the OSC Administrator has the discretion to refer the case to the SCHB for adjudication. The formal complaint will be sent to the student or student/campus organization at least four business days before the date of the hearing.

5.8.2 Right to Presence of Advisors

Any two persons from within the university community (faculty, staff, student) or outside the university community may advise the accused student or student/campus organization. Complainants/witnesses to a proceeding also have the same right to the presence of advisors. University hearings are not court proceedings.

  1. The advisor may:
    1. Advise the students on the preparation and presentation of the case;
    2. Accompany the students to all judicial hearings; and
    3. Advise the students in preparation and presentation of any appeal.
  2. The advisor may not:
    1. Present any part of the case for the students or student/campus organization. However, a student with a disability affecting communication or a student who cannot effectively communicate in the English language may seek a reasonable accommodation from the chair of the assigned SCHB hearing board to allow an advisor or interpreter to present or translate the case for the student;
    2. Directly examine or cross examine witnesses; or
    3. Disrupt or delay the proceedings.
  3. Advisors not complying with university hearing procedures may be removed from the judicial proceedings. top

5.8.3 Administrative Hearings

An administrative hearing is a meeting for the accused student or student/campus organization to meet with a representative of the OSC for the purpose of determining whether the accused student or student/campus organization is responsible or not responsible for violations contained in the formal complaint. At an administrative hearing involving Level 2 charges, the student or student/campus organization is informed of the evidence supporting the charges. The student or student/campus organization has a reasonable opportunity to make a statement and respond on their behalf to the charges. Upon request, the complainant shall have the right to be present and have substantially the same opportunity to present at the administrative hearing.  The complainant may also participate by remote method such as telephone conference, or participate solely by providing a written statement.

If the student or student/campus organization does not take responsibility for an alleged conduct violation, the administrative hearing officer, or the SCHB will make a determination whether the student or student/campus organization has committed a violation and, if so, may impose or recommend the sanctions indicated below. The case shall be dismissed or recommended for dismissal if the administrative hearing officer or hearing board determines, after considering the information presented, that the evidence available does not indicate by a preponderance of the evidence that the alleged violation occurred.

If no response to the notice is made, or if a meeting has not been requested within three business days, the RSC Coordinator or the OSC Administrator may take the proposed action. top

5.8.4 Sanctions in Administrative Hearings

  1. All Level 2 cases: The following sanctions may be imposed in all Level 2 cases.
    1. Disciplinary Reprimand: An official warning followed by the written notice to the student or student organization that their conduct is in violation of university rules and regulations.
    2. Conduct Probation/Conditions: A more severe sanction than a disciplinary reprimand. It is a period of review during which the student or student organization must demonstrate the ability to comply with university rules, regulations, and other requirements stipulated for the probation period. While under conduct probation, a student may be disqualified from serving as an officer of a student or campus organization or as a member of a university committee or council. The OSC Administrator or the RSC Coordinator may impose reasonable conditions upon probation which may include limitations on activity or access to university facilities for a period of seven months or less.
    3. Education: A requirement to participate in some project, class or other activity that is relevant to the nature of the offense and appropriate for the violation.
    4. Restitution: A requirement to pay the cost of property damage or medical expenses to another student or student organization incurred during conduct violation, or to make other appropriate restitution, so long as costs do not exceed $1000.
  2. Administrative Hearings before the OSC and the SCHB: In addition to sanctions that may be imposed in all Level 2 cases, in an OSC administrative hearing, or a referral case to the SCHB, the following sanction may be imposed:
    1. Deferred Suspension: A suspension, but which is deferred subject to a definite or indefinite period of observation and review. If a student or campus organization is found responsible for further violation of the Student Conduct Code or an order of a judiciary body, suspension may be recommended to the Dean of Students Office. While under deferred suspension, a student may be disqualified from serving as an officer of a student or campus organization or as a member of a university committee or council. The OSC Administrator may impose reasonable conditions upon deferral, which may include limitations on activity or access to university facilities for a period of the deferred suspension.
  3. Residence Cases: In addition to sanctions which may be imposed in all Level 2 cases, in a residence case by RSC administrative hearing, the following sanctions may be imposed:
    1. Removal from university housing: A resident may be removed from a residence hall or apartment. The student shall have a maximum of ten days to move. The student's access to specific living or dining areas may be restricted as part of the sanction. If the decision is appealed, the Dean of Students shall have power to waive or enforce removal while the appeal is pending. The student's original room or apartment will not be reassigned until the completion of the appeals to the Dean of Students.
    2. Sanctions provided under the Residence Contract: Sanctions outlined in the Department of Residence Contract may be levied in a residence case, including sanctions for violation of disciplinary regulations duly adopted by the applicable residence government.
  4. Greek Cases: In addition to sanctions which may be imposed in all Level 2 cases, in a case before the OSC administrative hearing, the administrative hearing officer may impose sanctions permitted by the duly adopted rules of the governing Greek council. top

5.8.5 Notification of the Result of Administrative Hearings

The OSC Administrator or the RSC Coordinator will send notice confirming the decision to the accused within five business days of the hearing and will also inform the appropriate university officials and the complainant (if any) of the decision.


5.9 Procedures during a Study Abroad Program

A Study Abroad Program is an academic program providing the student involved with an opportunity to pursue academic study for credit outside the United States. Students are expected to take advantage of the cultural opportunities involved and are responsible for their behavior during the program. The Study Abroad Center has developed rules and regulations that all participants are required to follow while studying in a foreign country. Students who fail to abide by the rules and regulations of the Study Abroad Center may be withdrawn from the Study Abroad Program and sent back to the United States at their own expense pursuant to procedures developed by the Study Abroad Center. In addition, if the student's conduct is also in violation of the university Student Conduct Code, disciplinary action may be undertaken by the OSC. top


6. Appeals

Failure to appeal or comply with appeal procedures will render the original decision final and conclusive. In the event of special circumstances, an extension in time may be requested by submitting a written request to the Appellate Officer stating good reasons for the request for additional time. Normally, such requests will be granted if the request is filed before the deadline.

All evidence is to be presented to the administrative hearing officer or specific hearing board assigned to hear the case. Evidence may not be presented during an appeal without special permission of the person hearing the appeal. See section 6.8.

6.1 Who May Appeal
6.2 Time for Filing an Appeal
6.3 Notice of Appeal
6.4 Written Statement
6.5 Access to Record
6.6 OSC Statement: Transmittal of the Record
6.7 Supplemental Statement
6.8 Person to Hear Appeals
6.9 Status during Appeal
6.10 Procedure: Decision
6.11 Review of Final Decision

6.1 Who May Appeal

A student or student/campus organization found responsible with having violated the Student Conduct Code has a right to appeal that decision. The complainant in a case involving a violation of the Sexual Misconduct policy shall also have the right to appeal a decision that concludes a matter such as a determination of no responsibility or that a Formal Charge should not be filed by OSC. Neither the accused student nor the complainant shall have the right to appeal the findings and conclusions contained in the investigative report of the Office of Equal Opportunity separate from the student disciplinary case itself. The party filing an appeal shall be identified as the appellant. top


6.2 Time for Filing an Appeal

An appeal must be filed within five business days after notification of the student, the student/campus organization, or the complainant of the decision from which the appeal is taken.


6.3 Notice of Appeal

A notice of appeal must be filed with the person responsible for hearing the appeal. The appellant may appeal the lower judiciary decision based on one or more of the following reasons:

  1. The student's or student/campus organization's rights were substantially violated in the hearing process;
  2. The procedures used or the decision reached is contrary to law or university policy;
  3. There was not substantial evidence to support the conclusions reached;
  4. There is new material evidence that could not have been discovered at the time of the hearing;
  5. The sanctions imposed were not supported by the evidence or not appropriate for the violation; or
  6. The decision by the OSC to not file a formal complaint in a matter alleging a violation of the Sexual Misconduct policy is not supported by the evidence.

The notice of appeal must state the grounds for appeal from the list identified above. In addition, the appellant must also provide the written statement as described in section 6.4.


6.4 Written Statement

Within five business days after filing the notice of appeal, if the appellant has not included the written statement in the notice of appeal, the appellant must present a written statement supporting the reasons for the appeal. A copy of the written statement must be filed with the OSC at the same time. The OSC shall provide a copy of the appellant's written statement to the party who has not appealed the decision.

It is recommended that the written statement contain the following information: grounds for appeal, arguments and references to evidence presented during the hearing. In case the appeal is based upon new evidence, the written statement should contain a statement of the new evidence, together with a statement as to why the information could not have been discovered at the time of the hearing. top


6.5 Access to Record

For purposes of appeal, the appellant and, in the event of an appeal, the party who has not appealed may review at the OSC a copy of the official recording and documents used during the hearing. Reviewing parties will be granted an ample opportunity to review the recording and the documents, but will not be permitted to take copies of them.


6.6 OSC Statement: Transmittal of the Record

The OSC will provide a written statement in response to the appellant's written statement within seven business days of its filing. A copy of the OSC statement must be sent to the appellant and the party who has not appealed at the same time it is filed.

The OSC will transmit the record of the hearing to the person hearing the appeal at the same time it files the response.


6.7 Supplemental Statement

The appellant or party who has not appealed may provide a supplemental statement within three business days of filing of the OSC Response. top


6.8 Person to Hear Appeals

The following chart identifies the Appellate Officer assigned to hear appeals from the various administrative decisions or hearings under the university Student Disciplinary Regulations.

Decision made by
May be appealed to
(Appellate Officer)
Administrative hearing officer
(OSC representative or RSC Coordinator)
Dean of Students
RSC Coordinator
(after Residence Area Directors)
Dean of Students
OSC Administrator
(after decision not to file a formal complaint as indicated in section 6.3.F)
Dean of Students
Dean of Students
(after SCHB hearing, Interim Suspension or the above Appeals)
Senior Vice President for Student Affairs

 


6.9 Status during Appeal

Any sanction imposed as a result of a hearing with a lower board will remain in effect during the process of appeal. The Dean of Students and the Senior Vice President for Student Affairs have the authority, under extenuating circumstances, to defer the imposed sanction while an appeal is in process. Granting of deferral may be conditioned upon agreement to reasonable conditions. top


6.10 Procedure: Decision

After receiving all written statements, the Appellate Officer may rule, or may ask for the parties to present short oral arguments. The Appellate Officer may do one of the following:

  1. Affirm the decision below.
  2. Reverse the decision below by finding that no violation of the Student Conduct Code occurred.
  3. Remand the case for a new hearing.
  4. Remand the case for consideration of new evidence.
  5. Change the sanction(s).

The decision of the Appellate Officer will be based upon the record and the materials submitted by the parties. The decision and the reasons for the decision will be sent to the accused student or student/campus organization, the complainant, the OSC, the hearing board chair, and the Dean of Students. The decision of the Appellate Officer shall be the final decision of the university, subject to review as provided in section 6.11.


6.11 Review of Final Decision

6.11.1 President's Discretionary Review

A student, student/campus organization, or the complainant may request that the President review the final decision of the Appellate Officer. The President has discretionary authority to grant or deny the request. See section 3.2. When the President decides to review the decision of the Appellate Officer, the President's decision becomes the final decision of the university.

6.11.2 Board of Regents

The Board of Regents may review the final decision of the university. See section 3.1. Any review by the Board of Regents will be determined under the rules and procedures established by that agency.

6.11.3 Judicial Review

A final decision by the Board of Regents may be reviewed by an Iowa District Court as provided in the Iowa Administrative Procedure Act. See Iowa Code Chapter 17A. top


7. Reinstatement

Students or student/campus organizations who are suspended for a defined period with conditions on return, or who are suspended indefinitely, must apply for reinstatement. See sections 5.7.9.A.4-5 and 5.7.9.B.1-2, above. Applications for reinstatement must be filed on a form provided by the Dean of Students Office. To assure sufficient time for review, the application should be filed at least two months in advance of the requested date of return.

  1. In order to be reinstated, the student must:
    1. Follow university procedures for reentry, if the student has been absent for a period of twelve months or more, (See Iowa State University Catalog, "Returning/Reentry");
    2. File a petition for reinstatement with the Dean of Students indicating the basis for the request, including evidence of compliance with any conditions for reinstatement, if any;
    3. Supply evidence of good behavior and ability to make academic progress, such as statements from employers, educational institutions and/or counselors; and
    4. Supply documentation as requested by the Dean of Students supporting reinstatement.
  2. In order to be reinstated, the student/campus organization must:
    1. File a petition for reinstatement with the Dean of Students indicating the basis for the request, including evidence of compliance with any conditions for reinstatement, if any; and
    2. Supply documentation as requested by the Dean of Students supporting reinstatement.
  3. The Dean of Students will:
    1. Review the information provided by the student or student/campus organization;
    2. Review the student's or student/campus organization's disciplinary and academic records;
    3. Request a statement from any person who filed the complaint leading to suspension, if that person is still a member of the university community, and consider any such statement; and
    4. Issue a determination as to whether the student or student/campus organization will be reinstated. The determination of the Dean of Students may be appealed to the Senior Vice President for Student Affairs. top

8. Records of Disciplinary Actions

Student disciplinary case records will be filed in the student's or student organization's disciplinary file in the OSC consisting of a statement of charges, summary of the information presented at the hearing, findings and sanctions of the administrative hearing officer or hearing body, records of appeals and rationale for the decisions. Student disciplinary case records also include the correspondence, evidence and testimony presented, including those of the complainant and witnesses. Records will be preserved during the pendency of any related legal proceedings.

Student disciplinary case records are normally maintained in the Dean of Students Office for a period of seven years, after which the file records may be purged. Records may be maintained for a longer time at the discretion of the university except that the recording of any hearings may be destroyed one semester following the exhaustion of all appeals.

Student disciplinary case records are confidential. However, when the student is expelled, suspended, or their admission is revoked, a notation will appear on the academic transcript that the student has been dropped due to disciplinary action and is not eligible to enroll. Student disciplinary case records may be required to be transmitted to the Board of Regents for purposes of appeal, or, in the case of legal action, to the courts or to the parties in litigation. When confidential information is transmitted to the courts or parties in litigation, the university will request that all sensitive information of witnesses and complainants be kept confidential under a protective order unless any individual has explicitly or implicitly waived confidentiality.

Persons desiring access to student disciplinary case records must secure a written authorization from the student whose record is requested. Because student disciplinary case records may contain records of persons other than the individual authorizing access, records relating to such other persons will be denied or redacted in a manner sufficient to prevent identification of the other person.

Records of violations by student/campus organizations may be transmitted for inclusion in the organization's file in the Campus Organizations Office. top


9. Amendment

The university Student Disciplinary Regulations may be amended through the routine decision-making process of the university and appropriate notification to the university community through the Iowa State Daily.

Any organizations or members of the university community may propose amendments by providing a written proposal to the Dean of Students.

At least every five years, and sooner when the Dean of Students determines it is necessary, a committee shall be established by the Senior Vice President of Student Affairs to review the current Student Disciplinary Regulations and recommend any amendments to the university community. Amendments to the university Student Disciplinary Regulations will not be effective until approved by the President and published in the Iowa State Daily.

This amendment procedure shall not be construed to supersede the Board of Regents policy that places authority in the President to declare a state of emergency and sanction any person who is found to have violated a presidential order concerning a declared state of emergency. top


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