Student Behavior: Policy and Procedures for Administrative Review

[The following was approved on June 3, 1998, in accordance with provisions set forth in SIU Board of Trustees 3 Policies C.]

I. Introduction

Southern Illinois University Carbondale is committed to providing an environment which creates an optimal opportunity for student learning. To that end, the university must take prompt action to ensure that such an environment is not substantially disrupted by individual student behavior. The university recognizes the need to protect the rights of expression. Where behavior interferes with the rights of others within the university community, however, it is in the university's interest to intervene. This policy is intended to provide for such an intervention and will be invoked in rare instances when attempts at informal resolution are unsuccessful or the procedures of the Student Conduct Code cannot provide the appropriate relief.

A student's behavior will be subject to an administrative review if it is determined by the Dean of Students that the behavior warrants immediate action because it

  1. represents a danger to self or others; or
  2. substantially or repeatedly disrupts the academic environment and thus interferes with the academic pursuits of others; or
  3. substantially or repeatedly impedes the lawful activities of others on the SIUC campus or at SIUC events.

II. Referral of Cases to the Administrative Review Committee

  1. Disruptive or dangerous behavior of a student may be brought to the attention of the Dean of Students via any source within the university. When so notified, the Dean of Students will, within 5 days if possible, convene an ad hoc committee of the Administrative Review Committee (ARC), composed of the director of the Counseling Center and the coordinator of Student Judicial Affairs. In addition, either the president of the Undergraduate Student Government, for undergraduates under review, or of the Graduate and Professional Student Council, for graduate/professional students under review, will serve on the ad hoc committee. The name of the student under review will be withheld from the ad hoc committee. The ad hoc committee will determine if the case should be referred to the ARC for administrative review or to Student Judicial Affairs for adjudication under the Student Conduct Code. Whenever appropriate, and in most instances, cases should be referred to Student Judicial Affairs. The decision of the ad hoc committee will be submitted in writing to the Dean of Students. When the behavior warrants immediate action, the Dean of Students is authorized to immediately remove the student from all or part of the campus environment. If such action is taken, the ad hoc committee of the ARC should convene as quickly as possible. [For the purpose of this policy, "days" refers to weekdays only and shall not include holidays or periods of administrative closure when offices of the university are closed.]
  2. If the ad hoc committee refers the case to the ARC, the ARC will, if possible, review the case within 5 days of receiving the referral. The Dean of Students will inform the student in writing that his/her case has been referred to the ARC.
  3. When the ad hoc committee refers a case to the ARC, the Dean of Students may place the student on interim suspension from the university. The student will be notified by certified mail or in person of the interim suspension and the reasons for the suspension.
  4. The student may appeal the interim suspension by submitting a written appeal, within 2 days' of receipt of the notification, to the Dean of Students, who will forward it, along with his/her rationale for issuing the interim suspension, to the Vice Chancellor for Student Affairs.

III. Administrative Review Committee (ARC)

  1. The Dean of Students, a non-voting member of the ARC participating in all activities of the committee, will receive the recommendation of the committee at the conclusion of its review and deliberations.
  2. Voting members of the ARC are as follows:
    1. director of the Counseling Center (director or designee must be a credentialed mental health professional)
    2. Student Health Program's clinical psychologist
    3. associate vice chancellor for Academic Affairs-Planning
    4. director of University Housing
    5. coordinator of Student Judicial Affairs

    If a member is unavailable, he/she may send a designee to serve. However, designees should only serve when absolutely necessary and must be approved prior to the meeting by the Dean of Students or Vice Chancellor for Student Affairs.
  3. A quorum will be a minimum of 3 voting members.
  4. The chair of the ARC will be a voting member of the committee and will be selected by the members of the ARC.
  5. The ARC may call witnesses and experts to question and to assist it in conducting the review.
  6. The ARC will meet in closed, executive session a) to determine those witnesses and experts who should be asked to testify, and b) to review its findings prior to submitting its recommendation to the Dean of Students.

IV. Review Procedures

  1. The student will receive a minimum of 3 days' notice of the date and time of the ARC review. The student may ask for a postponement of the review for good cause. Such a request must be made in writing to the chair of the ARC at least 24 hours in advance of the scheduled review. The decision of the chair of the ARC with respect to any such request is final.
  2. The student has a right to be accompanied by an adviser. If the student wishes, the chair of the ARC will appoint an adviser, who, subject to availability and approval of the student, may be a credentialed mental health professional. The adviser may speak on behalf of the student only with prior approval of the chair of the ARC.
  3. Reviews will be tape recorded except for deliberations of the ARC, which will be conducted in closed, executive session.
  4. All reviews will be closed unless the student requests that it be open and then only with concurrence of the majority of the voting members of the ARC present for the review.
  5. The student and his/her adviser will have the right to be present for all testimony presented at the review unless the student's presence substantially disrupts the review. The decision to close the review to the student must be made by a majority of the voting members of the ARC present for the review. Should the student be removed from the review, his/her adviser will be permitted to remain unless his/her presence substantially disrupts the review.
  6. The student or his/her adviser will have the right to request that the chair of the ARC ask a question of any witness or expert who presents testimony at the review. The decision of the chair of the ARC with respect to any such request is final.
  7. The ARC will present its findings and recommendation to the Dean of Students. Recommendations may include courses of action deemed appropriate by the ARC. When the ARC determines no other alternative will be effective, it may recommend withdrawal of the student from the university. The ARC may also make recommendations for conditions of readmission if dismissal is recommended.
  8. After reviewing the recommendation of the ARC, the Dean of Students will decide whether to accept, amend, or reject the recommendation. Should the Dean of Students reject or choose to amend the ARC's recommendation, he/she may impose an alternative course of action or may determine that no action is necessary. The decision of the Dean of Students will be made in writing and sent via certified mail or in person to the student and to his/her adviser within 5 days of receiving the recommendation of the ARC. The student's right to appeal the decision and the procedures to do so will be included within the letter sent by the Dean of Students.

V. Appeal

  1. A student may appeal the decision of the Dean of Students by submitting a written appeal no more than 3 days after receiving the decision of the Dean of Students. The appeal must be submitted to the Dean of Students who will, without delay, forward it to the Vice Chancellor for Student Affairs.
  2. The appeal must provide justification based upon one or more of the following:
    1. procedures as outlined above were not properly followed;
    2. evidence and/or testimony did not justify the need for any intervention;
    3. the decision of the Dean of Students and/or the course of action imposed was too severe.
  3. The Vice Chancellor for Student Affairs will review the decision of the Dean of Students within 5 days of receipt of the student's appeal.
  4. The decision of the Vice Chancellor for Student Affairs will be sent in writing to the student and to his/her adviser.
  5. The decision of the Vice Chancellor for Student Affairs will be final.

VI. Withdrawal of Student

  1. If it is determined that the student should be administratively withdrawn from the university, the request for withdrawal will be made in writing by the Dean of Students to the director of Admissions and Records. A copy of the withdrawal request will be sent to the student's academic dean.
  2. The student will be subject to the normal guidelines for the refund of tuition and fees and the issuance of grades.
  3. If the student resides in University Housing, he/she must vacate his/her residence within 5 days of receipt of the decision of the Dean of Students or the Vice Chancellor for Student Affairs. Normal charges and penalties will be assessed by University Housing.
  4. In order to gain readmittance, a student who is administratively withdrawn from the university must obtain written approval from the Dean of Students. The Dean of Students will determine if all conditions imposed at the time of the student's withdrawal have been satisfied and if the student's readmittance would be in the best interest of the university community.
  5. The student may appeal the decision of the Dean of Students regarding readmission to the Vice Chancellor for Student Affairs by submitting a written appeal within 14 days of receipt of the Dean of Student's decision.

VII. Amendments to Student Behavior: Policy and Procedures for Administrative Review

  1. Upon recommendation of the Vice Chancellor for Student Affairs or a member of the ARC, amendments to this document will be considered by a committee composed of the Dean of Students, director of the Counseling Center, director of Disability Support Services, a representative from University General Counsel, a representative from Undergraduate Student Government, and a representative from the Graduate and Professional Student Council.
  2. All proposed amendments must be approved by the Vice Chancellor for Student Affairs, the Chancellor, and the President.
  3. Amendments will take effect immediately upon approval by the President but will apply only to new cases and not to cases under ARC review at the time of amendment.

VIII. Annual Reporting

  1. The number and disposition of all cases reviewed by the ARC during an academic year will be reported annually to the Vice Chancellor for Student Affairs by the Dean of Students.
  2. The Vice Chancellor for Student Affairs will transmit this annual report of cases to the chancellor and the presidents of the Undergraduate Student Government and the Graduate and Professional Student Council.