(1)
Definitions. For
purposes of these rules, the following words shall have the meaning set forth
unless the context requires otherwise.
"Admission " means admission, readmission,
reentry, registration, and reregistration as a student to any educational
program of the university.
"Board" means the board of regents, state of
Iowa.
"Campus " means all property owned or used by
the university.
"Dismissal of a member of the faculty or staff
means termination of status as an employee without right of
reemployment.
"Expulsion of a student" means termination of
status as a student without right of readmission.
"Member of the faculty or staff means all
employees of the university.
"Person " means any student, member of the
faculty or staff, or visitor.
"President" means the president (or acting
president) of the university or any person or persons designated to act on the
president's behalf for purposes of these rules.
"Student" means a person who is currently
registered as a student at the university in an undergraduate, graduate or
professional program on the campus, and includes students who have been
suspended for a fixed period of time, during that fixed period; admitted
students prior to enrollment; and persons continuing to work on a program of
studies with the intent of returning to the university, even though not
formally enrolled.
"Suspension of a member of the faculty or
staff means that during a specified period of time, the member of the
faculty or staff is not eligible to continue as an employee of the university
or to resume employment status or to be granted admission as a student. Subject
to other rules and regulations of each institution concerning continued
employment by the institution, a member of the faculty or staff who has been
suspended for a specified period shall be reinstated by the university at the
expiration of the suspension period provided that during the suspension period
the member of the faculty or staff has not committed other acts of misconduct
specified in 9.1(2) or in the policies of the university. A member of the
faculty or staff under such suspension whose reemployment is denied on the
basis of alleged acts of misconduct committed during a suspension period shall
have a right to a hearing on that issue as provided in 9.1(3).
"Suspension of a student" means that during a
specified period of time, the student shall be denied admission to the
university. Subject to the rules and regulations of each institution concerning
enrollment at the institution, a suspended student shall be reinstated to the
university at the expiration of the suspension period provided that during the
suspension period the student has not committed acts of misconduct specified in
9.1(2). A suspended student whose reinstatement is denied on the basis of
alleged acts of misconduct committed during this suspension period shall have a
right to a hearing on that issue, as provided in 9.1(3).
"University " means an institution of higher
learning under the jurisdiction of the board. When used in the plural, the word
means all institutions of higher learning under the jurisdiction of the
board.
"Visitor" means any person on the campus who
is not a student or a member of the faculty or staff.
(2)
Rules of personal
conduct. The acts of misconduct defined in this subrule apply at the
universities governed by the board. The universities are authorized to adopt
other definitions of misconduct in addition to those in this rule. Any person,
student, member of the faculty or staff, or visitor, who intentionally commits,
attempts to commit, or incites or aids others in committing any of the
following acts shall be subject to disciplinary action:
a. Obstruction or disruption of teaching,
research, administration, disciplinary procedures, or other university or
university-authorized function or event.
b. Unauthorized occupation or use of or
unauthorized entry into any university facility. However, any entry into, use
of, or occupation of any university facility by a student or member of the
faculty or staff, which does not violate any of the other rules of personal
conduct set forth herein, shall be deemed unauthorized only if specifically
prohibited, if that facility is closed at that time to general use or if the
person fails to comply with proper notice to leave.
c. physical abuse or the threat of physical
abuse against any person on the campus or at or during any
university-authorized function or event, or other conduct which threatens or
endangers the health or safety of others.
d. Theft of or damage to property of the
university or of a person on the campus or at or during any
university-authorized function or event.
e. Interference with the right of access to
university facilities or with any other lawful right of any person on the
campus.
f. Setting a fire on the
campus or at or during any university-authorized function or event without
proper authority.
g. Use or
possession on the campus or at or during any university-authorized function or
event of firearms, ammunition, or other dangerous weapons, substances, or
materials (except as expressly authorized by the university), or of bombs,
explosives, or explosive or incendiary devices prohibited by law.
h. Participation in a riot or unlawful
assembly, or failure to disperse, as defined by state law, whether such acts
occur on or off the campus, if such act or failure to act occurs:
(1) In the contiguous metropolitan area in
which any university governed by the board is located; or
(2) During a function or event authorized or
sponsored by the university or an organization recognized by or affiliated with
the university.
i.
Conduct off campus which leads directly to a violation of any of
paragraphs"a " to"h " of this subrule.
(3)
Sanctions.
a. Any student or
member of the faculty or staff who is found after appropriate hearing to have
violated any of the rules of personal conduct set forth in 9.1(2) may be
sanctioned up to and including suspension, expulsion, or dismissal.
Note: "Appropriate hearing" as used throughout these rules
means pursuant to existing hearing procedures in effect at the university for
students and members of the faculty and staff.
A faculty or staff member who is suspended as a sanction under
rule shall receive no salary during the period of suspension; provided,
however, that payment shall be made for work done prior to the date of the
suspension order.
b. A
person who applies for reinstatement to or reemployment by the university after
a term of suspension or dismissal may be denied such reinstatement or
reemployment if it is found that such person has committed any acts of
misconduct specified in 9.1(2) or in the policies of the university. A person
denied reinstatement or reemployment under this subrule shall have a right to
an appropriate hearing or to follow the grievance process of the
university.
c. Any sanction imposed
under 9.1(3)"a" and"b " shall have operative
effect at all universities, and a person not eligible for admission to or
employment by one university shall be barred similarly at the other
universities.
(4)
Emergency power.
a. The
president is authorized to declare a state of emergency to exist at the
institution upon a determination that violent actions or disruptive activities
at the university are of such a nature as:
(1)
To present a clear and present danger to the orderly processes of the
university or to persons or property on the campus, and
(2) To require extraordinary measures to:
1. Safeguard persons or property at such
institution, or
2. Maintain
educational or other legitimate institutional functions.
b. The state of emergency shall
cease to exist automatically 48 hours after it is declared unless the
president, after reviewing the situation, determines that it should be
extended, such determination to be made under the standards established in
9.1(4)"a"(1) and 9.1(4)"a"(2). Each extension
shall be for a maximum period of 48 hours with a new determination being made
for each extension. The president may declare the state of emergency to be over
before the 48-hour period has run.
c. As soon as feasible after declaring a
state of emergency, the president shall notify the board of actions
taken.
d Upon a finding by the president as set forth
in 9.1 (4)"a, " the president is authorized to take such
action as may be necessary to eliminate or alleviate a clear and present danger
to the orderly processes of the university and to safeguard persons or property
at the university or to maintain educational or other legitimate university
functions including barring a particular person or persons from the
campus.
(5)
Sanctions under
emergency power.
a. Any person who,
after appropriate hearing, is found to have violated knowingly a presidential
order issued as contemplated in 9.1(4) may be disciplined, up to and including
expulsion or dismissal from the university.
b. Any person who, after appropriate hearing,
is found to have violated during a state of emergency, knowing that a state of
emergency has been declared, any of the regents' rules of personal conduct set
forth in 9.1(2) of this policy may be disciplined, up to and including
expulsion or dismissal from the university.
c. Any sanction imposed under this subrule
shall have operative effect at all universities, and a person not eligible for
admission to or employment by one university shall be barred similarly at the
other universities.
(6)
Constitutional rights. The foregoing rules shall be construed
so as not to abridge any person's constitutional right of free expression of
thought or opinion, including the traditional American right to assemble
peaceably and to petition authorities.
