Fall 2020 Code Revisions - Section 8: Temporary Suspensions
In consultation with appropriate University officials, the Director or other Presidential delegate has discretionary power temporarily to suspend a Respondent pending resolution of the underlying case where immediate action is necessary to protect the Complainant or the University community. Temporary Suspension may include the withdrawal of any or all University privileges and services, including class attendance, participation in examinations, utilization of University premises and facilities, and in the case of an organization, recognition or registration by the University, as determined by the Director.
Since the underlying allegation of prohibited conduct has not yet been adjudicated on the merits, a Temporary Suspension may be imposed only when less restrictive measures are deemed insufficient to protect the Complainant or the University community. In determining whether a Temporary Suspension is appropriate, the following factors, among others, should be considered:
whether the Respondent has a history of violent behavior or is a repeat offender;
whether the incident represents escalation in unlawful conduct;
whether there are facts indicating a risk that the Respondent will commit additional acts of interpersonal misconduct or violence; and
whether there represents reasonable basis of concern for retaliatory acts;
whether there exists reasonable basis for concern over possible harm to the health or safety of others involved or the campus community generally;
whether the Respondent used a weapon or force.
The Respondent may file a written request to lift the Temporary Suspension with the VP SCL or designee. The Director may file a response. If VP SCL or designee determines that good cause for the Temporary Suspension is inadequate or absent, that other less restrictive alternatives are available, or that circumstances have changed so that the suspension is no longer necessary, the Temporary Suspension will be immediately lifted. The VP SCL or designee may simultaneously provide the Director with guidance regarding appropriate alternate interim measures, and such alternatives are within the Director’s continuing authority. The VPO SCL or designee’s decision is final; there is no further right of appeal.
**Please submit comments on the main Fall 2020 Proposed Amendments to the Campus Code of Conduct page.**