Amended Bd. Min. 3-20-81; Bd. Min. 5-24-01.
A. Acceptance of Discipline on Informal Disposition by Primary Administrative Officer/Designee
Date:
Misconduct:
(Specify particulars of misconduct in question.)
Proposed Discipline:
(Specify proposed disciplinary action or sanction.)
Primary Administrative Officer/Designee
The (Primary Administrative Officer/Designee) has informed me that for the misconduct stated he proposes to impose the discipline stated above against me and that I have ( ) days in which to make a decision to accept this proposal or to reject the proposal by signing the rejection, thereby invoking formal procedures. He/she has further explained to me if I neither accept nor reject the proposed discipline within the period of time stated above, (I will be deemed to have violated University regulations as charged, and) the proposed discipline shall become effective upon the expiration of that time.
I understand that I have a right to formal procedures prior to disposition if I reject the proposed discipline.
I accept (the determination, and) the proposed discipline stated above and waive my rights to formal procedures, review and appeal in this matter.
Student
Date:
I do not consent to the determination (the determination, and) the proposed discipline and invoke my rights to formal procedures.
Student
Date:
B. Notice of Disciplinary Charges and Hearing
(Primary Administrative Officer/Designee)
(Date)
Notice of Disciplinary Charges and Hearing
(Name of Student)
(Street Address)
(City and State)
Dear Mr./Ms. :
You are charged with violating on (insert date) at (insert place) the student standard of conduct as set forth in Section 200.010 of the Collected Rules and Regulations of the University by failing to conduct yourself in a manner compatible with the University's functions as an educational institution in the following particulars:
(Insert particulars of student's alleged misconduct.)
Example 1:
That at the time and place above stated you did obstruct University teaching by blocking the door of room 202, Benton Hall, thereby preventing Dr. Smith from entering said room to teach the class in American History at that time.
Example 2:
That at the time and place above stated you failed to comply with the request of Dr. Jones, then in the process of teaching the class in Art History, to come to order or remove yourself from the classroom.
Example 3:
That at the time and place above stated you physically blocked and obstructed the doorway so that students seeking interviews with representatives of the Atomic Energy Commission could not enter said office free from your physical interference.
Example 4:
That at the time and place above stated you made an obscene and indecent gesture toward Dr. Baker and shouted the words, "___ you."
The Student Conduct Committee will hold a hearing on (day, date, time) and as continued from time to time in Room (number, name, building), University of Missouri (campus) to determine whether you committed the violation charged above and, if so, what, if any, discipline should be imposed.
A copy of the hearing and appeal procedures is enclosed for your convenience. They provide that you may have an adviser or counselor of your choice with you during the hearing and they also provide that in the event you request that students sit with the Student Conduct Committee in hearing your case you must request the appointment of students to the Committee at least seventy-two (72) hours prior to the date set for the hearing by delivering such request in writing to me or the Chairman of the Student Conduct Committee before that time.
If you have any questions at all regarding this notice, the charges against you, or the procedures, please come in and see me.
Very truly yours,
Primary Administrative Officer/Designee
C. Request for Appointment of Students to Hearing Panel
(Date)
Chairman, Student Conduct Committee
c/o Primary Administrative Officer/Designee
(Address)
Dear Mr./Ms. Chairman:
Under the provisions of Section 200.020 of the Rules of Procedure in Student Disciplinary Matters, I request the appointment of students to serve with the Hearing Panel hearing my case on (date, time, place).
Very truly yours,
Student
Service of a copy of the above request acknowledged this day of , 20 , at o'clock.
Chairman or Primary Admin. Officer/Designee
D. Order and Notice of Appointment of Students to Hearing Panel
Student:
Charge:
Hearing: (Date, Time, Place)
Pursuant to Section 200.020 E.4 of the Rules of Procedure in Student Disciplinary Matters, and on request of the above named student, I hereby appoint the following students to serve on the Hearing Panel for the above captioned hearing:
1.
2.
3.
The hearing will be held at _____, commencing at __ o'clock.
Chairman
Student Conduct Committee
E. Chairman's Agenda for Student Conduct Case Before Student Conduct Committee
- Call to order.
- Call role of committee in attendance.
- State purpose of hearing, as follows:
"The following student, and would you please answer 'present' as your name is called for the record, (name of student) was charged on (date of notice) as follows: (Read Notice of Disciplinary Charges and Hearing verbatim.)" - Verification and acknowledgement of receipt of Notice of Charges:
"I will now ask the student charged whether he has received the Notice of Disciplinary Charges and Hearing dated , together with a copy of the hearing and appeal procedures."
(Insist on verbal response for the record.) - Establish presence of adviser or counselor:
"Mr./Ms., , do you have an adviser or counselor present?"
(Insist on verbal response for the record.)
"Would you please identify yourself for the record.) - Establish presence or absence of University Attorney for the record.
"There is also present, as legal adviser to the Committee, Attorney , University Counsel." - Disposition of procedural questions:
"The procedures as established by the Board of Curators for the conduct of this hearing will be followed unless there are any objections or suggestions to the contrary. Are there any objections or suggestions?" - Hearing:
- Opening Statements:
(1) Primary Administrative Officer./Designee "The Primary Administrative Officer/Designee shall now make opening remarks outlining the general nature of this case and testify to any facts his investigation has revealed."
(2) Student: "Mr./Ms. (name of student), you may make a statement to the Committee about the charge at this time or at the conclusion of the University's presentation, at your election. Do you wish to make your statement now or wait until the conclusion of the University's case?"
(Insist on verbal response.) - Presentation of University's evidence.
(1) Call and identify University witnesses or permit introduction of written evidence, as appropriate.
(2) Committee may question witnesses at any time during presentation.
(3) Committee may question witnesses at conclusion of presentation.
(4) The student or, with the Committee's permission, the student's adviser or counselor, may question witnesses or evidence at the conclusion of University's presentation. - Student's opening statement. If student has reserved right to make opening statement at this time he should be identified and permitted to make statement.
- Student's evidence. Student may present evidence through witnesses or in form of written memoranda, as he desires. Committee may question witnesses or evidence at any time. The Primary Administrative Officer/Designee has right to question witness or evidence when student concludes his presentation.
- Rebuttal evidence. Committee may permit University or student to offer witnesses or evidence in rebuttal to other's presentation at this time.
- Opening Statements:
- Executive Session: "The Committee will now go into executive session to consider this case."
- Findings of fact and determination of discipline, if any. (Majority)
- Preparation of written findings of facts and discipline imposed, if any.
- Notification to student of findings in writing.
F. Disciplinary Findings and Determination
(Date)
DISCIPLINARY FINDINGS AND DETERMINATION
(Name of Student)
(Street Address)
(City and State)
Dear Mr./Ms. :
The Student Conduct Committee, following the presentation of evidence on the charges stated in the Notice of Disciplinary Charges and Hearing dated , found that your conduct (did) (did not) constitute misconduct under Section 200.010 of the Collected Rules and Regulations of the University, in that you did (insert particulars set forth in Notice of Disciplinary Charges and Hearing.)"
The Committee determined that for the violations specified you be (insert discipline imposed).
I have enclosed a copy of the appeal or review procedure previously delivered to you for your convenience.
If you have any questions, please call me.
Very truly yours,
Chairman, Student Conduct Committee
G. Notice of Appeal and Petition to Attend Classes
To: Chancellor
Date:
I hereby appeal from the decision of the Student Conduct Committee dated on the following grounds and for the following reasons:
(Insert grounds or reasons for appeal.)
I further petition for permission to attend classes pending final determination of the appeal for the following reasons:
(Insert reasons.)
If permission to attend classes is granted, I agree to abide by the General Standard of Student Conduct and all rules and regulations of the University and any special provisions relating to the permission which may be improved.
Very truly yours,
Student's Name
Address, Telephone Number
A copy of this notice must be filed with the Chancellor and the Primary Administrative Officer/Designee within ten (10) consecutive calendar days of notification of the decision of the Student Conduct Committee.
H. Notice of Appeal by Primary Administrative Officer/Designee
To: Chancellor
Date:
I hereby appeal the decision of the Student Conduct Committee dated relating to (student's name and student number), on the following grounds and for the following reasons:
Very truly yours,
Primary Administrative Officer/Designee
Address, Telephone Number
A copy of this notice must be delivered to the Chancellor and sent to the student within ten (10) consecutive calendar days after notification of the decision of the Student Conduct Committee.
I. Petition for Review
To: Chancellor
Date:
I request that the decision of the Student Conduct Committee dated be reviewed for the following reasons and request an appointment to discuss this petition with you prior to your decision.
(Insert reasons.)
Respectfully submitted,
Student's Name
Address, Telephone Number
This notice must be filed with the Chancellor and a copy delivered to the Primary Administrative Officer/Designee within five (5) consecutive calendar days after notification of the decision of the Student Conduct Committee. The Primary Administrative Officer/Designee may answer the Petition for Review within five (5) consecutive calendar days and file a copy thereof with the Chancellor and send the student a copy.
J. Petition for Review by
To: Chancellor
DATE:
I request the decision of the Student Conduct Committee dated with reference to (student's name and student number) be reviewed for the following reasons:
(Insert reasons.)
Respectfully submitted,
Primary Administrative Officer/Designee
Address, Telephone Number
This notice must be filed with the Chancellor and a copy served to the student within five (5) consecutive calendar days after notification of the decision of the Student Conduct Committee. The student may answer the Petition for Review within five (5) consecutive calendar days and file a copy thereof with the Chancellor and send the Primary Administrative Officer/Designee a copy.
