Dean of Students Review Council Procedures
Purpose. The Dean of Students Review Council is an educational process. The council is designed to protect the mission of the university and provide the reported student with fair process.
Administrative Responsibility. The Dean of Students, or their designee, serves as the chair of the Dean of Students Review Council.
ORGANIZATION OF THE DEAN OF STUDENTS REVIEW COUNCIL
Composition of the Council. The Dean of Students Review Council consists of five members including the Dean of Students or their designee, three students appointed by the Dean of Students, and a university employee.
Secretary. The Dean of Students will designate a secretary to be present at every meeting of the council. . They will be responsible for taking brief, summary minutes of the meeting. These minutes will be the official record of the proceedings. No verbatim recording of the meeting will be made.
Request for a Dean of Students Review Council
1. After receiving notice of separation or expulsion from the university, a student may request a Dean of Students Review Council if they believe there is (1) new information that would change the decision, (2) they believe the sanction imposed was too severe, or (3) they believe they were denied fair process.
2. The request for the Dean of Students Review will be made by contacting the Director of the Student Honor or their designee, within two business days of receiving notice of separation. The Director will review the request with the student and schedule a date and time for the review.
Dean of Students Review Council
1. The Dean of Students Review Council is an educational process. Individuals with relevant information may be allowed to participate and will be invited into the council at the appropriate time. Character witnesses may not participate in the council. The student may be accompanied to the meeting by an advisor of his/her choice. The advisor may be a faculty or staff member, fellow student, parent, or other person so long as the availability of the advisor does not substantially hamper the timeliness of the council meeting. The advisor may not be an attorney unless he or she is a parent of the student. The university may not be represented by legal counsel, but legal counsel for the BYU-Idaho Office of the General Counsel may be consulted by the Dean on procedural issues. The advisor may not represent the student during the meeting and will not be permitted to address the council. The student will be expected to speak for themselves at all times. The advisor may be asked to leave the council meeting if they become disruptive or violates this policy.
2. If a council member's association with a student appearing before the council is such that they are personally acquainted with the student or are unable to render a fair and impartial decision, the member has a duty to disqualify themselves. Any member of the council may be disqualified if the student shows that a bias exists on the part of that member toward the student.
3. A council meeting involving more than one student involved in the same incident, may be conducted either separately or jointly at the direction of the Dean of Students or their designee.
4. The student may, at any time, request a change of schedule to provide for a more adequate presentation of his/her case. Such requests will be considered by the Dean of Students or their designee. If there is compelling reason to postpone the review, the Dean may cancel or reschedule the review.
5. The Dean of Students or their designee may accommodate concerns for personal safety by any person participating in the review council. Accommodations could include participation by telephone, or other means at the direction of the Dean of Students.
6. The council shall proceed as follows: (a) the administrator from the Student Honor Office will present information to the council and introduce any witnesses. The council may ask questions of the administrator and witnesses. (b) The student may present information to the council and introduce any witnesses. The council may ask questions of the student and witnesses. (c) The reported student, members of the council, and/or administrator may direct questions to any witness at the direction of the Dean of Students. (d) Pertinent records, exhibits and written statements may be accepted as information for consideration by the council.
7. The student is not required to make any statement or answer any questions.
8. The Chair has the responsibility to ensure that appropriate procedures are observed during the review process, including resolving any procedural questions that may arise.
9. If a student does not appear before the Council at the appointed time, the decision of the Student Honor Office will stand.
Dean of Students Review Council Decisions
1. The decision of the council is confidential and by majority vote. All discussion by the council are also confidential.
2. The council's determination will be made on the basis of whether it is more likely than not that the reported student committed the behavior or believe the sanction is too severe.
3. If the council determines to uphold a decision to separate the student from the university, the Student Honor Office Administrator will implement appropriate stipulations which the student must meet in order to return to the university at some future date.
4. The council may ask the Student Honor Office to reconsider the decision.
5. The Chair will review the decision of the council with the student and the administrator assigned to the case following the council decision. Written notification of the outcome will follow.
6. Unless returned to the Student Honor Office, the decision of the Dean of Students Review Council is final.
Sexual Assault Victim's Rights
1. The alleged victim of a sexual assault has specific rights under the "Student Right to Know and Campus Security Act". All rights enumerated in the Dean of Students Review Procedures apply to the complainant and/or alleged victim as well as to the accused student.
2. The alleged victim may be present at the Dean of Students Review Council meeting of the accused and has the right to make a statement, present witnesses and be accompanied by an advisor of his/her choice.
3. The alleged victim has the right not to have irrelevant past sexual history discussed during any council meeting.
4. The alleged victim has the right to know the outcome of any disciplinary meeting held in regards to an accused individual.
5. The proceedings of the meeting shall be kept confidential.
RECORDS AND READMISSION
Records and Reports
1. Any student who receives a disciplinary sanction shall have the right to place in his/her disciplinary file a statement of his/her own regarding the case.
2. Seven years after a student graduates without further enrollment, or seven years after the end of the last period of enrollment by a student who has received no degree, the contents of all Student Honor Office files pertaining to that student shall be disposed of as follows: a. Records necessary to document a separation from the university under the sanctions of expulsion, suspension or needs clearance of any student will be transferred to the BYU-Idaho archival vault. b. All other records will be destroyed.
3. All personal notes kept by a member of the Student Honor Office are not student education records and are not subject to disclosure or disposal.
4. All permanent disciplinary records generated pursuant to these procedures are protected under the Family Educational Rights and Privacy Act (FERPA) as part of the student's educational record and may only be disclosed in accordance with FERPA regulations.
Review of Status. Unless otherwise stated in writing to the student at the time they are separated from the university the following conditions will apply:
1. An expelled student will not be considered for future admission at any CES school.
2. A student who is suspended from the university should complete the requirements included in their suspension letter.