Section VII. Administration of Student Discipline

Functions and Procedures

Dean of Students

Majority of student violations of the Code are resolved by the dean of students or designee administratively or are referred by the dean to the appropriate judicial committee.

Reporting

Members of the university community, i.e., faculty, staff, students, should report misconduct and alleged violations of the Code by students and registered student organizations to the dean of students or designee for investigation, referral, and appropriate action. Additionally, students residing in campus housing should report concerns to the resident assistant, hall director, or the director of student housing.

Disciplinary Sanctions and Philosophy

The university’s policy concerning student behavior and discipline is that discipline is a functional aspect of education and of lawful teaching and student development functions of the university. Students who violate institutional standards are the students who can benefit most from disciplinary sanctions that can assist in their cognitive, ethical, and interpersonal growth. This approach emphasizes assisting the student to understand and accept responsibility for his or her behavior as a citizen of the local, state, and national government, and as a citizen of the university community. Both the interests of the student and the university are taken into account in deciding the desirability of undertaking a program of assistance and in determining the appropriate disciplinary sanction. The sanction assigned should be in keeping with the seriousness of the violation and administered in an educational way so that its teaching potential is enhanced.

Informal/Administrative Adjudication

In cases of misconduct where the student admits the violation and involvement, and the student elects informal adjudication or if the dean of students believes the violation occurred “more likely than not”, then the dean of students or designee may handle the matter. The procedure is as follows:

  1. The dean of students or designee shall investigate and determine the facts of the case. If the dean determines the complaint or allegation of charges is without merit, the investigation shall promptly cease.
  2. If the dean of students or designee determines that there is probable cause to believe that a violation of the Code, university rules and regulations, or federal, state, and local laws did occur, the dean shall notify the alleged offender in writing within five (5) class days, if possible, of the charge(s) to afford him or her an opportunity to present his or her version of the alleged charge. The dean and the student may also call persons for their versions of the alleged violation and invite them to attend the conference.
    1. In the absence of unusual mitigating circumstances, an initial conference should be held within five (5) to ten (10) class days of the date of the complaint report that an alleged violation has occurred.
    2. Failure of the student to agree to or appear at a conference to discuss an alleged violation shall in itself constitute a violation of the Code and will subject the student to disciplinary action, a bar against re-enrollment, or administrative withdrawal from the university.
    3. The dean of students or designee has the responsibility and authority to take disciplinary action if such appears in his or her judgment to be warranted. In such a case, the fundamentals of fairness (due process) shall be followed.
  3. After notifying the student of his or her rights provided by the Code, the dean of students or designee may solicit from the student an admission or denial of the violation, shall discuss those disciplinary sanctions which will apply, and offer the choice of informal/administrative adjudication or referral to the judiciary committee having jurisdiction in the case.
    1. A student admission of the alleged charge or violation and acceptance of the sanction(s) imposed by the dean of students or designee shall be reduced to writing on the UALR Disciplinary Alternative Form and signed by the student and the dean of students or designee.
    2. If the student pleads non-violation or refuses to accept the sanction(s) imposed by the dean of students or designee, the case shall be referred to the appropriate judicial committee.

Settlements

Nothing contained in this section shall prevent the student, during an investigation of alleged misconduct, during informal/administrative adjudication, or after a statement of charges has been served but before a hearing, from withdrawing from the university.

  1. In the event of such withdrawal, the dean of students or designee  shall impose such disciplinary sanction(s) as he or she deems necessarily appropriate consistent with the statement of alleged charges; provided, however, the student may, within ten (10) class days after receiving notice of the imposition of such sanction(s), request a hearing from the appropriate committee or board.
  2. Nothing contained in this section shall limit the right of the university or the student during an investigation of alleged charges, during informal/administrative adjudication, or after a statement of the charges has been served, to agree to a disciplinary sanction. Any such agreement shall be reduced in writing on the UALR Disciplinary Alternative Form which, when signed by the student and the dean of students or designee, shall conclude the case.

Disciplinary Sanctions

Upon a proper determination, set forth in this section of the Code, that a student has violated any of the policies, rules, or regulations of the university, any provisions of the Code, or federal, state, and local laws, the dean of students or designee or the university judicial committee may use various sanctions in accordance with the university’s philosophy regarding educational sanctions. The sanctions may be imposed singly or in combination. The list is merely illustrative and should not be taken to be all-inclusive.

Punitive Sanctions

(in order of severity):

  1. Reprimand – Consists of a letter which becomes a matter of record on an incident of behavior that does not meet the standards of the university.
  2. Disciplinary Warning – Indicates that further violations of regulations will result in more severe disciplinary sanctions.
  3. Disciplinary Probation­– An encumbrance upon the student’s good standing in the university. Further violations of regulations during the probationary period may result in suspension. While under disciplinary probation a student may not:
    1. Apply for or receive consideration for an appointive or elective office.
    2. Campaign for an elective office.
    3. Receive any special office.
    4. Receive an appointment to serve on committees or campus organizations.
    5. Serve on any university judicial committee.
    6. At the discretion of the judicial committee, the following additional privileges may be withdrawn from a student on disciplinary probation:
    7. Operation of an automobile on campus.
    8. Representation of the university at any events.
    9. Holding of an elective or appointed office.
  4. Bar Against Re-enrollment – A bar (flag) against re-enrollment may be imposed by the dean of students or designee against a student who fails to respond to a summons by the dean of students or designee  to discuss alleged student misconduct, failure to comply with any authorized sanctions or to adhere to stipulations of a disciplinary sanction, or an involuntary withdrawal for medical reasons pending the outcome of a psychiatric medical evaluation and clearance. The bar shall be removed on notification of the appropriate university official to the Office of Records and Registration.
  5. Administrative Class Withdrawal – Prohibits the student from attending class for a specified time, usually one (1) semester.
  6. Suspension – Separation from the university for a definite period of time and/or under stipulated conditions.
  7. Expulsion – Separation from the university for an indefinite time, usually two (2) years or more. The student may petition the chancellor or designee for re-admission, but not before the expiration of two (2) academic years following the expulsion. The notification of expulsion shall be recorded on the official transcript and removed when the time has expired and if the student has been re-admitted.

Non-punitive Sanctions

(in no particular order):

  1. Counseling– Establishes a series of private conferences with the student in an effort to help him or her better understand the importance of the following:
    1. Assuming the responsibilities of a mature citizen.
    2. Being able to adjust to the behavioral standards of the university community of which he or she chose to be a member.
    3. Being considerate of other people and their rights.
  2. Restitution – Payment for damages or misappropriation of university funds or property, or the property of members or visitors to the university community. Such reimbursement shall be charged to any student who alone or through group concerted activities organizes or knowingly participates in the event causing the damage or cost. Restitution may be imposed separately or in addition to other sanction(s).
  3. Restriction of Activity Privileges – Prohibits the student from attending or participating in activities sponsored by the university.
  4. University and Community Service – Service to the university or community may be assigned as a singular or concurrent disciplinary sanction.
  5. Educational Sanction – To include, but not be limited to, research papers, class attendance, library assignments, etc.

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