Student Conduct Code

Student Conduct Code

Abstract:
The Student Conduct Code promotes honesty, integrity, accountability, rights, and responsibilities expected of students consistent with the core missions of the University of Alabama at Birmingham. This Code describes the standards of behavior for all students, and it outlines students’ rights, responsibilities, and the campus processes for adjudicating alleged violations.
Effective Date:
11/4/2016
Responsible Party:
Contacts:
None Assigned
Administrative Category:
Applies To:
Students
Material Original Source:

University of Alabama at Birmingham

STUDENT CONDUCT CODE

Effective Date November 4, 2016

[Edited August 11, 2017 to reflect changes in unit titles and organizational structure]

 


 

I.            INTRODUCTION 

 
The Student Conduct Code promotes honesty, integrity, accountability, rights, and responsibilities expected of students consistent with the core missions of the University of Alabama at Birmingham.  This Code describes the standards of behavior for all students, and it outlines students’ rights, responsibilities, and the campus processes for adjudicating alleged violations.
 
A.   DEFINITIONS OF “STUDENT” AND “STUDENT ORGANIZATION”
 
For the purposes of the Student Conduct Code, a “student” means the following:
 
·        Any person who is admitted, or enrolled at the University of Alabama at Birmingham, and is pursuing undergraduate, graduate, or professional studies, including full-time and part-time status, as well as any person attending classes on campus, online or off campus.
·        Any person who is not officially enrolled for a particular term, but has a continuing relationship with the University.
·        Any person who is admitted and participating in orientation is considered a “student.” 
·        Any person who has completed an academic term and can be reasonably expected to enroll the following term.
·        Any person who attended the University during a previous academic term and who committed an alleged violation of the Code during the time of enrollment.
 
The term “student organization” or “organization” means any group of students that has complied with the University’s requirements for registration as a student organization.
 
B.   ADMINISTRATIVE VS. LEGAL PROCEEDING
 
The procedures described in this Code are administrative procedures designed to create opportunities for members of the campus community to investigate and evaluate alleged violations and determine appropriate sanctions if necessary.  The student conduct process is not attempting to determine whether a student has violated the law, but whether a student has violated the UAB Student Conduct Code. It is not a legal proceeding, nor is it intended to resemble one.
 
C.   RELATIONSHIP OF THE UNIVERSITY CONDUCT PROCESS TO THE LEGAL/CRIMINAL JUSTICE PROCESS
All members of the University of Alabama at Birmingham community are also accountable to relevant state and federal laws applicable to our larger community and society.  Alleged violations of the University’s Student Conduct Code that are also violations of state or federal laws can be prosecuted separately through the legal system and, if the student is found guilty, can result in civil or criminal penalties such as probation, fines, jail, and/or prison.
 
The University conduct process, however, operates separately and independently from the criminal justice process.  This means that the University does not need to wait for a student to be charged and/or convicted in a court of law before pursuing its own investigation through the Conduct Code and imposing relevant University sanctions when applicable.  The University makes no attempt to shield members of the campus community from the law, nor does it automatically intervene in legal proceedings against members of the University community. The University may use information from third party sources, such as law enforcement agencies, the courts, and other witnesses to help determine whether the Conduct Code has been violated. 
 
When a complaint is filed with an appropriate University official alleging a violation of the Student Conduct Code, the University is responsible for conducting an investigation, initiating charges, determining whether violations occurred, and imposing appropriate sanctions if necessary. 
 
D.   ADMINISTRATIVE RESPONSIBILITY FOR THE STUDENT CONDUCT CODE

The Vice President for Student Affairs is responsible for the overall administration of the Student Conduct Code and campus conduct proceedings related to general misconduct.  The Vice President of Student Affairs or their designee is responsible for day-to-day administration of the Student Conduct Code and for managing and adjudicating cases of general misconduct.  Section VI, “General Conduct” provides a detailed description of expected standards of general behavior and procedures.
 
 
E.    FILING A COMPLAINT AND INVESTIGATION OF ALLEGATIONS

1.    Filing a Complaint
 
Most cases begin with a complaint alleging that a student has committed violation of the Student Conduct Code. Any member of the faculty or staff, a student, or any other person may file a complaint with Office of Student Conduct. The Office of Student Conduct may also independently investigate information concerning student misconduct from any source, such as police and/or press reports, even where no formal complaint has been filed.

2.    Sexual Harassment Complaints
 
In cases involving sexual harassment and/or gender discrimination, the investigation of specific allegations will be conducted by the Title IX Investigator or other designee. In cases involving a complaint of rape or sexual assault, the investigation of specific allegations will be directed by the Title IX Coordinator or Deputy and conducted by the Title IX Investigator or designee. The Title IX Coordinator will decide whether sexual assault and sexual harassment cases will be investigated by a Title IX Deputy or Investigator.

3. Complaints Relating to Student Housing and Residence Life
 
Students residing in University-owned and/or operated housing facilities who violate the UAB Student Housing Community Expectations may be adjudicated under the process outlined in the UAB Residence Life Handbook or referred directly to the Office of Student Conduct. 
 
 
II.            JURISDICTION OF THE UNIVERSITY OF ALABAMA AT BIRMINGHAM & APPLICATION OF THE CODE TO OFF-CAMPUS OFFENSES
 
The jurisdiction of the University of Alabama at Birmingham extends to all students regardless if the conduct occurs on University premises, off University premises, or at University-sponsored activities. The focus is on the conduct that adversely affects or is detrimental to the University community and/or the pursuit of its objectives, which can occur anywhere.  A student will be subject to this Code for any action that violates this Code.
 
Any student who is found responsible for engaging in misconduct as defined by this Code or any other published policy, rule or regulation of the University will be subject to disciplinary sanctions. It should be noted that students are responsible for the actions of their guests and may be held accountable for their guest’s violations of this Code. If a student withdraws or leaves the University prior to the resolution of an incident in which the student is involved, a conduct hold will be placed on the students’ record and they will be prohibited from future enrollment until such time as the matter is resolved. 
 
III.            DISCRIMINATION, HARASSMENT, SEXUAL MISCONDUCT, STALKING AND RETALIATION  
 
In addition to the Student Conduct Code, all students at the University of Alabama at Birmingham are also subject to the University’s Equal Opportunity and Discriminatory Harassment policy, Title IX Sexual Violence and Sexual Misconduct policy and accompanying procedures, which are separate from the Student Conduct Code standards and procedures.  The University’s Equal Opportunity and Discriminatory Harassment policy and Title IX Sexual Violence and Sexual Misconduct policy cover behaviors related to discrimination, sexual harassment, sexual assault, inducing incapacitation for sexual purposes, sexual exploitation, relationship violence, stalking, and retaliation. 
 
The Equal Opportunity and Discriminatory Harassment policy is available at the following link:
 
The Title IX Sexual Violence and Sexual Misconduct policy is available at the following link:
 
In cases where the provisions in the Student Conduct Code and the provisions in the Equal Opportunity and Discriminatory Harassment policy and Title IX Sexual Violence and Sexual Misconduct policy and accompanying procedures are different or inconsistent, the Equal Opportunity and Discriminatory Harassment policy, and/or the Title IX Sexual Violence and Sexual Misconduct policy and procedures supersede.  Therefore, all students are expected read the Equal Opportunity and Discriminatory Harassment policy, Title IX Sexual Violence and Sexual Misconduct policy and procedures, as well as the Student Conduct Code, to gain a thorough understanding of the expectations and procedures set forth in both processes and the differences between the various policies and procedures.
 
IV.            STUDENT RIGHTS
 
In all University conduct proceedings under the Student Conduct Code, students have the following rights to confidentiality and due process.
 
A.   RIGHTS TO CONFIDENTIALITY

The University of Alabama at Birmingham complies with all principles of privacy described in the Family Educational Rights and Privacy Act (FERPA).  As such, a student involved in a University conduct proceeding has the following rights related to privacy and confidentiality:
 
1.    All conduct proceedings are closed to the public.
2.    The University, except as required by law, will not disclose information to anyone not connected with the proceeding.   The fact that there is or has been a conduct proceeding concerning the incident may be disclosed; however, the identity(ies) of individual students involved in the proceedings will not be disclosed.
3.    The University, including individuals involved in a conduct proceeding, will disclose the results of the proceeding, including sanctions imposed, only to those who need to know for purposes of record keeping, enforcement of the sanctions, further proceedings, eligibility for participation in certain University activities, or compliance with federal or state laws.   The fact that a conduct proceeding has been concluded and appropriate action has been taken may be disclosed. 
 
B.   RIGHTS TO DUE PROCESS
 
1.    Responding Party:  A student or student organization accused of violating the Student Conduct Code (the “responding party”) has certain rights.  These include the right to:

a.    Be advised that a complaint is being investigated and the nature of the complaint
b.    Be advised of the charges under the Student Conduct Code that are being filed
c.     Submit a written account relating to the alleged incident and/or charges
d.    Have a person of choice, including an attorney, present throughout any meeting(s) related to the conduct proceeding
e.    Know the identity of individuals who will be present at meetings or hearings related to the proceeding
f.     Present relevant evidence and/or witnesses
g.    Review any evidence reasonably likely to be used in the proceeding
h.    Hear and question any witnesses who participate in the proceeding
i.      Have a reasonable period of time to prepare for a hearing
j.     Request a delay of a hearing for exceptional circumstances
k.    Decline to make statements against themselves
l.      Timely adjudication and resolution of the case
m.   To receive appropriate support from the University, including counseling services
n.    The right to appeal, as outlined in the Conduct Procedures
 
2.    Reporting Party:  A student who brings a complaint against another student under the Student Conduct Code (the “reporting party”) also has certain rights.  These include the right to:

a.    Meet with the designated administrative official to discuss the conduct process
b.    Submit a written account of the incident and a statement describing the effect of the alleged misconduct
c.     Have a person of choice, including an attorney, present throughout any and all of the proceedings
d.    Be informed of the date, time, and location of any meetings related to the conduct proceedings
e.    Be informed immediately of the outcome of each step of the conduct proceeding in accordance with FERPA
f.     To receive appropriate support from the University, including counseling services 
 
V.            GENERAL CONDUCT
 
A.   STANDARDS OF STUDENT CONDUCT
 
Students at the University of Alabama at Birmingham have the responsibility to conduct themselves in a way that positively impacts the safety, welfare, or educational opportunities of others in the University community.   Students are expected to act as responsible members of the community, respect the rights, privileges, and dignity of others, and refrain from actions that infringe upon the rights of others or interfere with normal University activities.
 
The following acts are prohibited and are violations of the Student Conduct Code:
 
 
1.    Offenses against the University Community
 
a.    Acts of dishonesty, including, but not limited to, the following:
 
i.      Furnishing false or misleading information to any University official or office.
ii.     Forgery, alteration, or misuse of any University document, record, or instrument of identification.
iii.    Tampering with the election of any student organization or violating the terms of the UAB Student Government Associations.
b.    Disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other University activities, including its public-service functions, whether on or off-campus, and other authorized non-University activities that occur on University premises.
c.     Failure to comply with directions of University officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
d.    Violation of published University policies, rules, or regulations, including, without limitation, the other University policies, rules and standards as outlined in Section VII.

2.    Offenses against Persons
 
a.    Physical abuse
b.    Physical abuse of another individual
c.     Hazing
 
i.      Hazing is a violation of University policy and includes any completed or attempted action, inaction, situation created, or communication that recklessly or intentionally harms or threatens or is intended to harm or threaten the mental or physical health or safety of a student or individual, or any completed or attempted act that destroys or removes public or private property, for the purpose of, among other things, initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization.
ii.     Hazing actions include, but are not limited to, the following acts involving other individuals or any attempt to take the following actions:
 
1)    Unreasonable interference with a student’s academic performance.
2)    Forced actions or inactions that demean or disgrace an individual.
3)    Forced or coerced consumption of food, alcohol, drugs, or any other substance.
4)    Forced or coerced actions that violate the law or this Code.
5)    Forced or coerced wearing of inappropriate apparel.
6)    Forced or coerced exclusion from social contact.
7)    Creation of unnecessary fatigue, which includes, but is not limited to, physical activity or deprivation of sleep.
8)    Deprivation of food.
9)    Any unnecessary physical contact, including, but not limited to, beating, paddling or forced exercises.
10) Personal servitude.
11) Unreasonable exposure to weather or the elements.
12) Any other activity that could reasonably be viewed as subjecting others to embarrassment, degradation or humiliation. 
iii.    An individual commits hazing if they personally take or contribute to the actions or attempted actions described in this section or if they know that hazing will occur or is occurring and do nothing to stop it or attempt to stop it or, alternatively, know that hazing has occurred and fail to promptly report it to appropriate University authorities. It shall also be a violation of this Code if a student retaliates in any manner against another student or individual for reporting hazing to University officials.

d.    Sexual Misconduct
 
i.      The University prohibits sexual misconduct and any related retaliation.
ii.     Any definitions, requirements, violations, accommodations, prohibitions, and sanctions outlined in the University’s Title IX Sexual Violence and Sexual Misconduct Policy are incorporated herein by reference and can be found in their entirety within the Title IX website.
iii.    Harassment/Endangerment.  Harassment is defined as any unwelcome verbal or physical conduct that, because of its severity and/or persistence, interferes significantly with a student’s work or education, or adversely affects a student’s living condition. Harassment not of a sexual nature can include the following actions if they meet the definition above: 
 
·        Attempts to intentionally and repeatedly make contact with a person over their stated objections, including, but not limited to, non-gender based stalking;
·       An act that invades another person's reasonable expectation of privacy;
·        Bullying behaviors that could objectively be perceived as harmful and so severa and pervasive as to create an intimidating, threatening, or abusive educational invironment, including teasing, social exclusion, intimidation, threats, violence, theft, or destruction of property; 
·        Any targeted action or statement via social media, computer, or other data network. 

3.    Offenses against Property  

a.    Attempted or actual theft of and/or damage to property of the University or property of a member of the University community or other personal or public property.
b.    Unauthorized possession, duplication, or use of keys or access cards to any University premises or unauthorized entry to or use of University premises.
c.     Theft or other abuse of computer usage, including, but not limited to:
 
i.      Unauthorized entry into a file to, among other things, use, read, or change the contents.
ii.     Unauthorized transfer of a file.
iii.    Unauthorized use of another individual’s identification or password.
iv.   Unauthorized use of another individual’s computer, tablet, phone, or other similar device.
v.    Use of University computing facilities, network, equipment, accounts, or services to interfere with the work of another student or University official or with normal operation of the University computing system.
vi.   Use of University computing facilities, network, equipment, accounts, or services to send obscene or abusive messages or to view obscene material or content.
vii.  Use of University computing facilities, network, equipment, accounts, or services in a manner contrary to University policies.
d.    Damage to or littering on public grounds of the University, including, but not limited to, driving motor vehicles on lawns or grounds of University property without prior authorization from the appropriate University official.

4.    Offenses Disrupting Order or Disregarding Health and Safety

a.    Use, possession, cultivation, manufacturing, dispersing, attempted distribution, or distribution of drug paraphernalia, narcotics, synthetic drugs, or other controlled substances, except as expressly permitted by law.
b.    Improper use of products for purposes of altering mood or state of being. This includes the misuse of legal products as inhalants.
c.     Use, possession, or distribution of alcoholic beverages, except as expressly permitted by the law and University regulations, or public intoxication.
d.    Possession or use of a dangerous weapon or firearm on University premises in violation of University policy.
e.    Actions that disrupt the normal operations of the University and infringe on the rights of other members of the University community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area; intentional obstruction that unreasonably interferes with freedom of movement, either pedestrian and/or vehicular, on campus; actions that incite or contribute to panic or distress and disrupt the normal operations of the University, regardless of intent.
f.     Obstruction of the free flow of pedestrian or vehicular traffic on University premises or at University-sponsored or supervised functions.
g.    Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on University premises or at functions sponsored by, or participated in, by the University.
h.    Violation of federal, state, or local law on University premises or at a University sponsored or supervised activity.
i.      Entering false fire alarms or bomb threats, tampering with fire extinguishers, alarms, or other safety equipment.
j.     Violation of traffic and parking rules and regulations including, but not limited to:
i.      Repeated or flagrant violations of the rules as set forth in University Traffic and Parking Regulations
ii.     Tampering with, removal, or theft of wheel locks, barricades, traffic cones or traffic control devices.
k.    Violation of federal, state, or local law off University premises and not related to University sponsored or supervised activities that adversely affects or is detrimental to the University community and/or the pursuit of its objectives. The decision to pursue disciplinary action under this provision is that of the Conduct Administrator.
l.      The operation of any form of gambling business or related activity sponsored by an organization identified as an approved University organization. Any student or group of students who accepts or manages wagers or who provides the mechanisms for wagering or for playing games of chance for profit will be presumed to be operating a gambling business.
m.   Facilitating or encouraging gambling by a student athlete or seeking or encouraging a student athlete to provide information or advice regarding competitions in which they shall participate.
n.    The unauthorized use of University property or resources for personal gain.
o.    Being present during any violation of University policy or the Student Conduct Code in such a way as to condone, support, or encourage that violation. Students who anticipate or observe such a violation are expected, if possible, to report any potential violation before it occurs or report details of the violation after its occurrence.

5.    Abuse of the Conduct System

a.    Failure to obey the summons of a Conduct Investigator, a Conduct Body, or University official.
b.    Failure to control the participation of a selected adviser at any point in the conduct process.
c.     Falsification, distortion, or misrepresentation of information before a Conduct Body or to a University official during the conduct process.
d.    Disruption or interference with the orderly conduct of a conduct proceeding.
e.    Pursuit of an alleged violation of the Code in a manner that is intentionally dishonest, frivolous, or malicious (e.g., filing a false report).
f.     Attempting to discourage or influence an individual’s proper participation in, or use of, the conduct system.
g.    Attempting to influence the impartiality of a Conduct Investigator, the Conduct Administrator, a Chairperson, a member of a Conduct Body, a member of a Review Board, or other University official prior to and/or during the course of the conduct proceeding.
h.    Harassment (verbal or physical) and/or intimidation of a Conduct Investigator, the Conduct Administrator, a Chairperson, a member of a Conduct Body, a member of a Review Board, or other University official prior to, during, and/or after a conduct proceeding.
i.      Failure to comply with sanction(s) imposed under the Student Conduct Code.
j.     Influencing or attempting to influence another person to commit an abuse of the conduct system.
k.    Any other act that is intended to or has the effect of delaying or interfering with the orderly operation of the conduct process.

6.    Self-Disclosure of Arrests and Convictions

A student must disclose to the Vice President of Student Affairs, Assistant Vice President of Student Experience, or Office of Student Conduct any arrests or convictions for a criminal offense—excluding minor traffic violations that do not result in an arrest or injury to others—that occurs after the student is first admitted to the University. This disclosure obligation applies to all arrests and convictions described above that occur inside or outside the State of Alabama at any time, regardless of whether the University is in session at the time. Such disclosures must be made within seven (7) calendar days of the arrest and/or conviction. If the arrest or conviction involves a juvenile proceeding or a student has been granted youthful offender status with regard to the case, the student should seek the advice of counsel regarding the disclosure obligation in light of the relevant law of the state in which the conviction occurred. Failure to comply with this disclosure obligation without a valid legal basis for doing so under a juvenile or youthful offender exception shall be deemed a violation of the Student Conduct Code.
 
This is not meant to be a mechanism to adjudicate more violations as part of the Student Conduct Code. Our current assumption is that for most disclosures, there may be a follow-up email or conversation to fill in any necessary facts and context, and no additional formal follow-up will be required. For convictions occurring in Alabama, the Office of Student Conduct will also access the court records database of the relevant city or county to check the specific charges and status of each. For the small number of serious infractions, there may be a meeting with a designee from Student Conduct to discuss what the student is doing to prevent a repeat offense or similar harmful behavior and also an offer of information regarding resources to assist the student in future decision-making. In rare cases, there may be a referral to Student Conduct for formal action. When necessary, the University's Behavioral Threat Assessment and Management Team may be notified.

7.    Retaliation

It is a violation of this Code for any student to retaliate or allow retaliation in any manner against a member of the University community who, in good faith, reports a suspected violation of this Code to University officials or participates in any aspect of the conduct process relating to a suspected violation. This includes, but is not limited to, efforts to retaliate either directly or indirectly against an individual as well as direct or indirect retaliation against that individual’s family and friends. Retaliation based on the outcome of the conduct process is also prohibited.

B.   ATTEMPTS AND COMPLICITY
 
 
Attempts to commit acts prohibited by the Student Conduct Code, and/or knowingly or willfully encouraging or assisting others to commit any of these acts, are also prohibited and may be adjudicated in the same manner.
 
C.   CONDUCT SANCTIONS

1.    Sanctions for violating the Standards of Student Conduct under the University of Alabama at Birmingham Student Conduct Code may include one or more of the following:
 
a.    Conduct Warning:  The student is warned that further misconduct may result in more severe conduct sanctions.
b.    Conduct Probation:  The student may continue attending the University, but is subject to restrictions and/or conditions imposed by the University for a specified period of time.  Further violation of the Code while under conduct probation will result in more severe sanctions including the possibility of expulsion.
c.     Suspension:  The student is separated from the University for a specified period of time and excluded from participation in University-sponsored activities.
d.    Expulsion:  The student is permanently separated from the University and may also be banned from any University-owned or -controlled property or events.
e.    Restitution:  The student is required to make payment to the University and/or another person or entity for actual financial loss resulting from a Student Conduct Code violation.
f.     Withholding or Revocation of a Degree:   A degree is withheld or a previously awarded degree is rescinded.  This sanction may be imposed when a person who is no longer enrolled is found to have violated the Code during the time of enrollment (see Section I. A., “Definitions of Student”).
g.    Other Sanctions:   In addition to or in place of the above, other sanctions may be imposed such as eviction from University housing, restriction or banning from certain on-campus facilities, no contact orders, community service, restriction or prohibition from attending campus events or participating in campus activities, and requirements to attend and complete classes, programs, workshops.  Details of the terms of the sanction will be provided to the student in writing.
 
2.    Repeated or aggravated violations of this Code may result in more severe conduct sanctions than any individual violation might warrant.
3.    Potential mitigating factors include the attitude of the student, conduct history, the nature of the offense, and the severity of any damage, injury, or harm resulting from it.
4.    Appropriate University officials will be notified of Student Conduct Code findings and/or sanctions imposed.
5.    Readmission.
Readmission to the University after suspension for general misconduct is dependent upon the student's compliance with the conditions of the suspension and the student's fitness to return to the campus community.  These decisions are made by the Vice President of Student Affairs or their designee and may include consultation from appropriate campus officials and/or community members.  In some cases, appropriate documentation may be required for readmission.  Upon readmission, the student may be placed on conduct probation for a designated period of time with required conditions and expectations of behavior.
 
D.   INTERIM ACTION AND SPECIAL CIRCUMSTANCES
 
The University reserves the right to take necessary and appropriate interim action to protect the safety and well-being of the campus community.
 
1.    A student may be temporarily suspended from the University, evicted from University Housing, prohibited from being on campus property, restricted or prohibited from campus events, and/or restricted in other ways by the Vice President of Student Affairs or their designee pending University conduct proceedings.  If there is evidence that the student's continued presence on campus at certain activities or at certain locations constitutes a threat to others or to the continuance of normal University operations, interim suspension, eviction, and/or restrictions may be imposed effective immediately and without prior notice.
2.    Right to Appeal Interim Action.
In cases of interim suspension, eviction, or restriction, the student may appear before the Vice President of Student Affairs, or their designee, within five (5) working days from the effective date of the suspension or eviction to discuss the following:
a.    The reliability of the evidence against the student.
b.    Whether the alleged conduct and surrounding circumstances reasonably indicate that the student's presence on campus constitutes a threat to others or to the continuance of normal University operations.
3.    Withdrawal Procedures.   
a.    Medical or Psychiatric Evaluation and Involuntary Withdrawal. In order to create a safe and healthy learning environment and to ensure the well-being of the University community, the University may initiate an involuntary withdrawal of a student. If a student’s behavior indicates that the behavior may be the result of a physical or psychological health-related issue, the University may encourage the student to seek appropriate treatment and to consider voluntary withdrawal as needed or recommended by a heath care provider, and/or the University may request that the student seek a medical or psychiatric evaluation. If the student declines the request or there are other indicators that support immediate action, the University may proceed with an involuntary withdrawal.

Involuntary withdrawals will occur rarely and will be invoked when the student’s behavior poses an imminent or significant danger or threat of causing substantial physical harm to self or others; or property; or substantially impedes or disrupts the lawful activities of other members of the University community, or would interfere with the educational process and the orderly operation of the University.
 
b.    Voluntary or Involuntary Withdrawal Procedure. The following procedures are to be used to help transition a student to a safer environment more conducive to their needs when it becomes clear that remaining at the University is not in the best interest of the student or the University community. These procedures allow for a student to withdraw voluntarily when medical conditions or psychological distress make withdrawal in their best interest; its goal is to define the length of separation, outline the path to re-entry, and ease the transition for the student’s return, and to optimize the opportunities for the student’s success when they return.

Under certain conditions, if a student has not opted to take a leave voluntarily, the University may institute an involuntary withdrawal. When the potential for harm to others is present, involuntary withdrawal actions must consider whether the endangering behavior results from a condition of disability. If so, the student will be protected by Section 504 of the Rehabilitation Act of 1973. Under this federal statute, an individual with a disability may only be separated on the basis of this disability when they are not otherwise qualified to participate in the education program of this University. When a student is a direct threat, they are not otherwise qualified under disability law, and may be involuntarily withdrawn.
 
i.      Assessment: Based on the student’s conduct, actions, or statements, and the student meets one or more of the criteria for withdrawal, the Vice President of Student Affairs or their designee may initiate an assessment of the student’s ability to safely participate in the University’s program(s).

The Vice President of Student Affairs or their designee, will gather information regarding the student and using existing risk assessment protocols to determine the level of direct threat to others or property. Students who engage in direct threats to others and self-harm behaviors that cause a significant disruption to the University community may also be subject to the Student Conduct Code. If the student has been accused of a violation of the Student Conduct Code, but it appears that the student is not capable of understanding the nature or inappropriateness of the action, these procedures may be activated prior to the issuance of a determination in the conduct process. Interim suspension for threat of harm to others will also likely to be imposed.

A direct threat exists when a student poses a significant risk to the health or safety of others. A significant risk constitutes a high probability of substantial harm. Significance will be determined by:
·        The duration of the risk;
·        The nature and severity of the potential harm;
·        The likelihood that the potential harm will occur; and
·        The imminence of the potential harm.
If the University believes that the threat is severe, and likely the result of a psychological or physical illness, the Director of Student Conduct (and assisted, as needed, by other appropriate staff) may communicate with the student to offer one or more of the following options:
 
·        Take a voluntary medical leave;
·        Undergo a voluntary, individualized, evaluation by a trained medical or psychological practitioner at UAB to determine if the student’s behavior poses a direct threat to self or others; or property; substantially impedes or disrupts the lawful activities of other members of the University community, or the educational processes, or proper activities, or learning environment, or functions of the University and its personnel;
·        Provide a signed release of information to permit UAB to contact the existing treatment provider so that relevant records and information can be shared; or
·        Comply with treatment recommendations of the health care provider.
 
ii.     Review: The Vice President of Student Affairs or their designee may refer the student for a mandatory evaluation by an appropriate medical and/or mental health care professional. The professional will be selected by the University, and there is no cost to the student for the evaluation.

Prior to the evaluation, the student will be required to sign a written release authorizing the exchange of relevant information among the medical and/or mental health care professional(s) and the University. Upon completion of the evaluation, the Vice President of Student Affairs or their designee will notify the student, in writing, the recommendations, if any, of the medical and/or mental health care professional(s). The student must attend the evaluation session.

The professional making the evaluation shall make an individualized and objective assessment of the student’s ability to safely participate in UAB’s educational program, based on a reasonable professional judgment relying on the most current professional knowledge and/or the best available objective evidence. The professional will, with appropriate authorization, share their recommendation with the Vice President of Student Affairs or their designee who will take this recommendation into consideration in determining whether the student should be involuntarily withdrawn from UAB.

If the evaluation results in a determination that the student’s continued attendance presents no significant risk to the health or safety of the student or others, and no significant threat to property, to the lawful activities of others, or to the educational processes and orderly operations of the University, no further action shall be taken to withdraw the student from the University. The student will be informed in writing by the Vice President of Student Affairs or their designee that they are permitted to continue their enrollment.

If the evaluation results in a determination that the continued attendance of the student presents a direct threat to the health or safety of or others, such that there is a high probability of substantial harm, or a direct threat to property, to the lawful activities of others, or to the educational processes and orderly operations of the University, the student may voluntarily withdraw or be involuntarily withdrawn from the University. In such an event, the student shall be informed in a meeting with the Vice President of Student Affairs or their designee of the voluntary or involuntary withdrawal, and options that are available to the student. In most cases, a student who is involuntarily withdrawn will be given a grade of W in all courses in which the student is currently enrolled.

If the student agrees to obtain a voluntary medical or psychological evaluation or allow contact with the treatment provider, the Vice President of Student Affairs or their designee will review the recommendations. The Office of Student Conduct will attempt to make any reasonable and appropriate accommodations recommended by the health care professional to enable the student to remain in school. If the Vice President of Student Affairs or their designee determines that this is not a safe or viable alternative, the University may still elect to invoke an involuntary withdrawal and require the student to take a leave of absence until such time that they are determined not to be a direct threat to others, and/or property. The Vice President of Student Affairs or their designee will provide written notice of the decision.  If leave is imposed, the written notice will address: 1) a timeframe when the student could be eligible to return; and 2) the conditions the student will need to satisfy to be eligible to return. If leave is not imposed, the Vice President of Student Affairs or their designee may require conditions for the student’s continued enrollment.

If the student refuses to accept the decision of involuntary withdrawal, the student shall notify the Office of Student Conduct, in writing of such refusal. They may then appeal the involuntary withdrawal decision, in writing within three (3) business days of the date of the notice to the student of the involuntary withdrawal to the Vice President for Student Affairs or their designee. The Vice President for Student Affairs or their designee may convene a committee to review the matter. Reviews will only be considered for one or more of the following purposes:
·        To consider new information which was unavailable at the time of the meeting with staff in the Office of Student Conduct, and could be outcome determinative;
·        To assess whether a material deviation from written procedures impacted the fairness or outcome of the meeting;
·        To decide if an involuntary withdrawal is disproportionate to the severity of the threat evidenced in the meeting with the staff in the Office of Student Conduct;
·        To determine if the decision does not align with the information provided in the meeting or whether reasonable accommodations might mitigate the risk with a withdrawal; or
·        To assess whether bias on the part of the staff in the Office of Student Conduct deprived the process of impartiality.
The Vice President for Student Affairs or their designee or the committee shall make a written report containing its findings and conclusions. Copies of the report shall be given to the student. The decision of the Vice President for Student Affairs or their designee or the committee is final.
c.     Financial Implications: Regardless of the circumstances for withdrawal, UAB tuition and fees will apply with regard to tuition, fees, refunds and University housing unless determined otherwise by the respective department receiving the report.
d.    Clearance/Return to the University following Voluntary or Involuntary Leave: Students who withdrew voluntarily or involuntarily under the Student Conduct Code must submit a request to the Office of Student Conduct, and provide documentation that must indicate that the student is no longer a direct threat to others and is otherwise qualified to participate in the University’s educational programs. As needed, UAB will work with the student to make necessary and reasonable accommodations as recommended by the treating health professional. UAB will work with the student to make necessary reasonable accommodations as recommended by the treating health professional. Students on voluntary or involuntary withdrawal will not be subject to additional requirements or exceptional standards upon their return.

E.    GENERAL MISCONDUCT IN THE CLASSROOM

Faculty members at the University of Alabama at Birmingham have the independent authority to exclude a student from any class session in which the student displays disruptive behavior that threatens the learning environment and/or safety and well-being of others in the classroom.
1.    If circumstances warrant dismissal from a class session for behavior reasons, the faculty member should contact the Director of Student Conduct immediately following the class to discuss the situation and make a determination about whether Student Conduct Code charges will be initiated and whether the student should be permitted to return to the next class session.
2.    The faculty member maintains the authority to remove the student from any future class session during which the student is disruptive. 
 
F.    CONDUCT RECORDS
 
1.    Sanctions of expulsion and suspension affect the student's academic status and are entered   as notations in the student's permanent academic record maintained by the Registrar during such time as the imposed sanctions are in effect.
2.    During the time that a Student Conduct Code case is in process, the student continues to have the same rights and privileges as other students unless interim action, which may include restrictions, suspension, or expulsion, has been imposed.
3.    At the request of the student, transcripts may be released to another institution or to a prospective employer with the understanding that if there is a pending case under the Student Conduct Code, and the student is found to be in a violation of the Code in a manner that would require that the previously-released transcript be altered, the University may notify the institution and/or employer and forward a corrected copy.
4.    Records of Student Conduct Code proceedings and sanctions are maintained by the Office of Student Conduct, within the Division of Student Affairs.
 
G.   THE ROLE OF ATTORNEYS AND SUPPORT PERSONS 
 
As described in the Introduction (Section I), University conduct proceedings are educational and administrative proceedings; the University does not follow all of the rules and protocols of a legal proceeding.  However, as stated in Section IV (Student Rights), students who are alleged of violating the Student Conduct Code also have certain rights, including “the right to have a person of choice, including an attorney, present throughout any and all conduct proceedings” (Section IV. B.). 
 
Although students may choose to have an attorney or support person present throughout any aspect of the conduct process, the role of the attorney or support person in a University conduct proceeding is limited to advice, consultation, and guidance. Advisers who do not abide by these guidelines may be excluded from the process.
 
A student who intends to bring an attorney or support person to a meeting must notify the University official who will be conducting the meeting at least three (3) working days in advance of the meeting.  
 
H.   CONDUCT PROCEDURES
 
The purpose of the University conduct proceeding is to determine if a student violated the Student Conduct Code, and if so, to determine appropriate sanctions. In cases where one student (the “reporting party”) files a complaint against another student (the “responding student”), the University may proceed with the case on the basis of other evidence and testimony, even if the reporting party does not wish to participate or continue in the process.
 
1.    Evidentiary Standard

Preponderance of the Evidence Standard is the information that would lead a reasonable person to conclude it is “more likely than not” that a Respondent violated this Student Conduct Code. In this context, the Respondent will be found to be responsible for the alleged violations if the Conduct Officer or the Conduct Committee concludes that the University has shown that such conduct more likely than not (i.e., preponderance of the evidence) occurred based on careful review of all information presented. This is different than the standard used in criminal complaints, which is considered the highest standard of evidence, “beyond a reasonable doubt.”
 
2.    Case Adjudication and Jurisdiction
 
Code violations occurring on campus and off-campus (subject to the jurisdictional guidelines for the University as outlined in Section II) are adjudicated by staff appointed by the Vice President of Student Affairs or their designee. 
 
3.    Procedures for Adjudicating General Misconduct Cases
a.    Referral:   A referral is made to the Office of Student Conduct, or designated official, regarding an alleged violation by a student of the Student Conduct Code. Occasionally, the Office of Student Conduct, may also pursue cases resulting from police reports, media reports, and other referral sources from outside the University. 
The Hearing Officer begins a preliminary investigation into the allegations.
 
b.    Informal Resolution by the Hearing Officer
i.      Initial Notification:  The Student Conduct official sends an initial notification via UAB email to the student (the “responding party”) that includes the following:
·        Notification that an allegation of a violation of the Conduct Code has been brought forth
·        A brief description of the alleged incident
·        A list of potential charges from the Standards of Student Conduct based on the preliminary information
·        Notification of the right to be accompanied by a support person or an attorney throughout any element of the conduct proceeding
·        A request to schedule a date and time for a Preliminary Meeting to discuss the incident 
 
ii.     Investigation:  The Student Conduct official or a designee, including an outside independent investigator, will investigate the incident and determines the facts through interviews, reports, and other evidence.  Elements of the investigation may occur before, during, and after the Preliminary Meeting, the Findings Meeting, and any appeal proceeding.
iii.    Preliminary Meeting: The Student Conduct official or a designee holds an initial meeting with the respondent to: (a) inform the student of the charges and ensure they are understood, (b) inform the student of the Student Conduct Code procedures for adjudicating conduct cases, and (c) ensure the student has access to a copy of the Student Conduct Code.

In the Preliminary Meeting the respondent may choose to begin discussing the facts of the case if desired, but it is not required.  The purpose of the Preliminary Meeting is to inform the student of the case, the potential charges, and the conduct procedures under the Code. 
 
iv.   Moving directly into the Findings Meeting:  If, during the Preliminary Meeting, the respondent has come to a decision about whether or not the student wishes to accept responsibility for violating the Student Conduct Code, the respondent may elect to move directly into the Findings Meeting (description below).  However, if the respondent wishes to schedule a separate time to return for a Findings Meeting, or if the Office of Student Conduct official determines that more time is needed to gather additional information, a future time for the Findings Meeting may be set.
v.    Findings Meeting: 
 
·        The Findings Meeting must occur within five (5) working days of the Preliminary Meeting unless alternate arrangements are made that are agreeable to all parties. Extenuating circumstances could require the process to extend beyond the time frames described above, and the University will determine in its discretion if such circumstances exist and will notify the parties in writing of the delay and the reason for the delay. Potential reasons for requiring additional time for resolution of the process include, but are not limited to, the complexity of the investigation, the severity and extent of the alleged conduct, University closings, breaks, holidays, summer terms, lack of access to witnesses, and factors outside the University’s control. 
·        In the Findings Meeting, the Student Conduct official will present relevant evidence and the responding party will have an opportunity to respond to the evidence and potential charge(s) and present additional evidence and/or witnesses.  Both parties may ask questions of each other and seek clarification.
·        Based on the evidence, the Student Conduct official makes an impartial decision and informs the responding party of the findings.
·        If the responding party is found in violation of the Student Conduct Code, the student is also informed of the recommended sanctions.
·        The Student Conduct official summarizes the findings and recommended sanctions (if applicable) in a Case Adjudication Letter to the student.  This letter includes findings for each individual charge, a statement of evidence that informed the decision, and a list of recommended sanctions. 
·        If the responding party does not appear for a Findings Meeting, the charges are accepted as outlined in the Initial Notification and the Student Conduct official will impose the conduct sanctions appropriate to the violation if the preponderance of evidence standard is met.  The responding party is notified of the findings and the sanctions (if applicable) and loses the right to further appeal.
·        Except for interim action(s) that may be taken by the University (Section VI. D.), conduct sanctions are not imposed until the final resolution of the charges or until the deadline for a final appeal has passed.
 
vi.   Responding Party’s Options in Response to the Findings and/or Sanction(s)

The responding party has two options in response to the Case Adjudication Letter: (1) to accept the findings and the sanctions, (2) to not accept the findings and/or sanctions. The responding party has five (5) working days to appeal any outcome of the Case Adjudication.
·        If the responding party accepts the outcome of the Case Adjudication, the next steps are to comply with any sanctions outlined. If the responding party chooses not to respond to the Case Adjudication Letter within the five (5) days, the findings and sanctions are adopted and the student forfeits the right to appeal.
·        If the responding party does not accept the findings and/or the sanctions, an appeal may be requested. The responding party may appeal to the Director of Student Conduct (or designee).  See next section, “Appeal.”
 
c.     Appeal to the Office of Student Conduct
 
i.      The Student Submits an Appeal Letter:  If the student does not accept the findings and/or sanctions and wishes to appeal, the student must submit a written letter discussing the reasons for the appeal within five (5) working days to the Office of Student Conduct.
ii.     The Case is Reviewed by the staff in the Office of Student Conduct:   Upon receipt of the student’s appeal letter, the Office of Student Conduct will review the electronic file.
iii.    Appeal Meeting is Scheduled:   Upon receipt of the appeal materials, the Office of Student Conduct will contact the student to arrange a meeting to hear the appeal (the “Appeal Meeting”).  This meeting must occur within five (5) working days of the date the student is contacted, unless a different arrangement is made that is agreeable to all parties.

If the student intends to be accompanied by an attorney or support person, the student must provide notification at least three (3) working days in advance of the scheduled meeting.
iv.   Appeal Meeting
·        The purpose of the Appeal Meeting is to provide a final opportunity for informal resolution of the charges and the case.
·        The Director of Student Conduct will meet with the student, consider the reasons for the appeal, review additional information as necessary, and make an impartial determination as to whether the original finding(s) and/or sanction(s) are upheld, overturned, or modified.
·        The findings from the Appeal Meeting are summarized for the student in an Appeal Findings Letter.  This letter includes the original charges in the case, the findings and sanctions of the original Hearing Officer, and the findings and sanctions of Director of Student Conduct.
·        If the student fails to appear for an Appeal Meeting, the original findings and sanctions are upheld.  The student is notified that the decisions about findings and sanctions are final and the student forfeits the right to further appeal. 
·        Except for interim action that may be taken by the University (Section VI. D.) conduct sanctions are not imposed until the final resolution of the charges or until the deadline for a final appeal has passed.
 
v.    Responding Party’s Options in Response to the Appeal Findings Letter

The responding party has three options in response to the Appeal Findings Letter: (1) to accept the findings and the sanctions, (2) to not accept the findings and/or the sanctions, or (3) to not respond at all.  If responding party chooses to report, the student has five (5) working days to do so after the Appeal Finding Letter is sent to the student.
·        If the responding party accepts the Appeal Findings Letter, then the next steps are to complete any outlined sanction(s). If the student chooses to not respond to the Appeal Findings Letter within the five (5) days, the findings and sanctions are accepted and the student forfeits the right to appeal the case further.
·        If the responding party does not accept the findings and/or the sanctions resulting from the Appeal Meeting, the student may request that the case be transferred to University Conduct Board (see next section).
 
I.    UNIVERSITY CONDUCT BOARD
 
If the student wants to appeal the decision of the Director of Student Conduct, the case is transferred within five (5) working days to the University Conduct Board for a hearing. 
 
1.    Composition of the University Conduct Board

Members of the University Conduct Board are appointed by the Undergraduate and Graduate Student Governments, and the Director of Student Conduct.  At the beginning of each academic year, a pool of Conduct Board members is selected and members are trained for the responsibilities associated with this duty.  The Conduct Board is comprised of undergraduate and graduate students, faculty and staff members. Oversight, management, and appropriate training of the Conduct Board is provided by the Office of Student Conduct and/or the Title IX Office.

Student members of the Board are appointed for one-year terms.  Faculty and staff members are appointed for two-year terms.

One of the faculty or staff appointees is elected by the other members of the University Conduct Board to serve as the Chair.
 
Each Board assembled to hear a particular case is comprised of five (5) members total: (a) two undergraduate students, (b) one graduate student, (c) one faculty member, and (d) one staff member. 
 
No member of the University Conduct Board may hear a case if the member is closely associated personally or professionally with the responding party, the reporting party, the person who referred the case, or any other relevant party.  A Conduct Board member is expected to raise the issue of stepping down whenever any potential reason for disqualification becomes known. 
 
The responding party will be notified of the membership of the Conduct Board that will hear the case in advance and may assert grounds for disqualification of any particular Board member to the Chair of the Conduct Board up until three (3) working days prior to the date of the hearing.  The Chair has the discretion to accept or reject a request for a disqualification based on the facts presented.  
 
2.    University Conduct Board Hearings
 
a.    Hearing Participants and Roles:
 
i.      Chair of the University Conduct Board:  The Chair of the hearing is a faculty or staff member selected by the other Conduct Board members.  The role of the Chair is to lead the proceedings, exercise control, and ensure that the hearing proceeds in an orderly and just manner.
ii.     University Conduct Board Members:  The Conduct Board consists of five (5) students, faculty, and staff members (including the Chair) who are trained to hear cases involving alleged violations of the Student Conduct Code.
iii.    Responding Party (and a support person or attorney if desired):  The responding party is the student accused of violating the Student Conduct Code.  The student may be accompanied at the hearing by a support person or an attorney.  If the student chooses to bring an attorney or support person, the role of the support person is limited to advice, consultation, and guidance to the respondent; the support person may not have a speaking role in the hearing.
iv.   University Official (or designee) to present the University’s case:  The University will designate an appropriate University official, or other designee to present the case to the Conduct Board on behalf of the University.
v.    Reporting Party (if applicable, and a support person or an attorney if desired):  In cases involving a complaint of one student against another student, the student who brings forth the allegation is the reporting party.  The reporting party may attend the hearing and serve as a witness for the University.  The student may also be accompanied by a support person or an attorney at the hearing.  If the reporting party chooses to bring an attorney or support person, the role of the person is limited to advice, consultation, and guidance to the student; the person may not have a speaking role in the hearing.
vi.   Witnesses (if applicable):  Both the responding party and the University may choose to call witnesses who have information relevant to the case to assist in the presentation of their respective cases.  Witnesses may be present in the hearing only when testifying.  Witnesses may submit written statements to the hearing body in lieu of testifying only with the express permission of the hearing body.  Expert or character witnesses are not allowed, except as deemed necessary by the hearing body.  Witnesses may appear and participate at the Conduct Board’s discretion. 
 
b.    Pre-Hearing Notices
 
i.      Notice of the Hearing:  When proceedings have been transferred to the University Conduct Board, the Chair of the Board, in consultation with the Director of Student Conduct (or designee), schedules a date and time for the hearing.  The Chair provides notice to the respondent and the reporting party (if applicable) of the date, time, and place of the hearing.  The hearing will occur at least five (5) working days after the date of this notice unless an alternate arrangement is made that is agreeable to all parties.
ii.     Presenter of the University Case:  The University will identify and designate an appropriate person to present the case for the University.  This person may be a University official, or other designee.  The responding party will be notified of the identity of this person at least three (3) working days before the hearing.
iii.    Notice of Participation of Attorney or Support Person:  If the responding party intends to be accompanied by an attorney or support person, the student must provide written notice to the Director of Student Conduct (or designated official) at least three (3) working days before the scheduled date of the hearing.   
 
c.     Hearing Proceedings
 
i.      Hearings are Closed to the Public:  To protect the privacy rights of student participants, hearings are closed to the public. 
 ii.     Elements of the Hearing:  Although the exact structure and flow of each hearing may vary, in general, University Conduct Board hearing proceedings will include the following:
·        Notice that the hearing is being recorded (hearings are recorded at University expense)
·        Introduction of all parties
·        Statement of the charges against the responding party
·        Presentation of the University’s case, including an opening statement, evidence, and any witnesses
·        Presentation of the responding party’s case, including an opening statement, evidence, and any witnesses
·        Opportunities throughout for the responding party to ask questions, for the University presenter to ask questions, and for Conduct Board members to ask questions
·        Closing statements
·        Conduct Board deliberations (all parties other than Board members are excused)
iii.    Additional Characteristics of Conduct Board Hearings:
·        Formal (legal) rules of evidence do not apply.
·        The Chair determines the admissibility of any evidence presented including witness testimony, rules on all procedural issues, and may put in place additional procedural rules during the hearing consistent with this Code.   Any of the Chair’s rulings may be overruled by a majority of the Conduct Board members. 
iv.   Conduct Board Deliberations and Decisions:  The deliberations of the Conduct Board will include two distinct phases:
·        Findings:  Whether the student violated any standard(s) of the Conduct Code based on the preponderance of the evidence
·        Sanctioning:  Appropriate sanction(s) should the student be found in violation
The Board is charged with rendering a decision about findings and/or sanctions within five (5) working days after the close of the hearing.  All votes are by majority rule and the Chair has a vote in all cases.
 
The Board develops a written decision that includes: (a) findings for each specific charge, (b) a statement of the reasons for the decision(s), and (c) a description of the sanctions (if applicable).
 
The Board’s written decision is provided to the respondent, and the Vice President of Student Affairs or their designee for review (see Section VI. I. 3.).  In cases involving student complainants, appropriate notification of the Board’s decision is also made to the reporting party in accordance with FERPA. 
 
d.    Failure to Appear for a University Conduct Board Hearing: 
 
A respondent who fails or refuses to appear after proper notice of a University Conduct Board hearing is considered to have waived their rights to be heard by the Board.  In this case, the University will find the student to be in violation of the Conduct Code as charged if the preponderance of evidence standard is met, and will impose the conduct sanctions specified in the statement of charges. 
 
e.    Hearing Officer Option
 
If a case is transferred to the University Conduct Board during a time when the Board will not be able to hear the case within a reasonable period of time (e.g. between semesters, during the summer, during other academic breaks), the Vice President for Student Affairs, or their designee may, when it appears to be in the best interest of the University and/or the student(s) involved, appoint an impartial Hearing Officer to conduct the hearing following the general procedures described in this Code.
 
3.    Review of the Conduct Board’s Decision
 
a.    The Vice President of Student Affairs or their designee reviews the decision(s) of the University Conduct Board.  The Vice President for Student Affairs or their designee may approve, overturn, or modify any decisions and/or may address other issues related to procedures.
b.    The Vice President for Student Affairs or their designee review will be completed within ten (10) working days from the date of the Board’s written decision.
c.     The Vice President for Student Affairs or their designee review is limited to the following criteria:
i.      Whether the evidence provides a reasonable basis for the resulting findings and conduct sanction(s).
ii.     Whether specified procedural errors were so substantial as to deny a fair hearing to the respondent.
iii.    Whether there was bias or capricious action, or an abuse of discretion demonstrated. 
d.    Each party may submit supplemental written statements to the Vice President for Student Affairs or their designee.  If a party wishes to submit a statement, it must be submitted within five (5) working days of the date of the Board’s written decision.                
e.    A copy of the Vice President for Student Affairs or their designee final decision is provided to the responding party, the reporting party (if applicable), the Director of Student Conduct, and the members of the University Conduct Board who heard the case. 
f.     The decision of the Vice President for Student Affairs or their designee is final and no other appeals are offered.
  
VI.            INFORMAL RESOLUTION
 
Nothing in this Code limits the right of an appropriate University official and the respondent to agree at any time to conduct sanctions if the student agrees to the charges.  Any such agreement must be in writing.  When it is approved by the appropriate University official(s), signed by the student, and filed with the Director of Student Conduct within the Division of Student Affairs, the case is concluded.
 
 
VII.          OTHER UNIVERSITY POLICIES, RULES, AND STANDARDS
 
Expungement
 
A student may, during the semester of their graduation or thereafter, request in writing to Student Advocacy, Rights and Conduct that their conduct record be expunged. In order for their record to be evaluated for possible expungement while enrolled, the student must demonstrate that they have applied to graduate by submitting a copy of the approved application for graduation or a signed letter from the student’s academic adviser confirming that the student is eligible. In the written request, the student should include what they have learned from the incident, how their behavior has changed since the incident and any steps taken to address the behavior. Generally, the student record will not be expunged if the record includes more than one violation of the Code of Student Conduct, sanction(s) that were not completed by the required deadline, an incident resulting in personal injury, property damage, providing alcohol to minors, possession and/or distribution of drugs, violation of the weapons policy, disorderly conduct, sexual misconduct, discrimination, harassment, criminal behavior or suspension/expulsion. Expungement decisions shall be made at the sole discretion of the Conduct Administrator.  An expunged record will not be released except as required by law, but will be maintained internally according to the guidelines set forth herein. In addition, reports and/or other correspondences maintained by other university departments, local and/or campus police, or another reporting agency are not subject to this expungement policy. Additionally, previous disciplinary record checks reported by Student Advocacy, Rights and Conduct or another university department will not be affected by this process.
Students at the University of Alabama at Birmingham may be subject to additional University policies, regulations, rules, and/or professional and ethical standards that supplement the Student Conduct Code. Graduate and professional students are held accountable for their behavior as outlined in the Student Conduct Code.  For certain complaints, graduate and professional students also may be held accountable for their behavior through professional standards, codes of ethics, or honor codes.  This does not preclude the University from taking action in accordance with the Student Conduct Code.  No graduate or undergraduate can have multiple hearings of the same offense. These include, but not limited to, the following:
 
Academic Honor Code
 
Complaint Policy
 
Dangerous Weapons and Firearms Policy
 
Duty to Report and Non-Retaliation Policy
 
Enterprise Code of Conduct
 
Equal Opportunity and Discriminatory Harassment Policy
 
Medical Amnesty Policy
 
Protection of Children on UAB Premises and in UAB Sponsored Activities
 
Residence Life Handbook
 
Residence Life Policies and Procedures
 
Title IX Sexual Violence and Sexual Misconduct Policy
http://www.uab.edu/policies/content/Pages/UAB-UC-POL-0000777.aspx
 
Student Records Policy
         

Current Version - August 11, 2017
Developed on August 30, 2016 and approved by the University of Alabama Board of Trustees on November 4, 2016
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