assembly. :   18 righLt of petition that oLh:r CitiY.eCs enjoy.
Faculty rmenbcrs ad administraLtive o:licials shouid in-
sure that institu;tional powers are not employed to in-
hibit such inelicectual and nersonal development of stu-
dents as is Ofien proinoted by their off-campus activities
and their exercise of the rights of citizenship.
  B.             A   hsti:uiioua! Athority and Civil Penalties. Activities
of &tudents mlay upon occasion result in violation of law.
In such cases, institutional officials should apprise stu-
dents of dlteir legal rights an.id mnay offcr other assistance.
Students wlho violate the law  may incur penalties pre-
scribed by ;ivil authorities, but institutional authority
should never be used merely to duplicate the function of
gencral .aNs.  nilv where the instit;ution's interests as an
academic conm-mutity are distinct from those of the gen-
cral co;.musity should thse special authority of the in-
stitution be assetted. The szudent who incidentally vio-
lates issstituthsnai regulations in the course of his off-
campus activiv,: such as thiose reiating to class attendance,
should be subject to no greater penalty than would nor-
mall'y be tnIuoscd. Institutional action should be inde-
pendent o' community pressure.

V. Proced.ural Standards An Disciplinary Proceedings
  Tlse discii.tary powers of educational institutions are
inlserent in their responsibility to protect their educa-
tional purpose through the regulation of the use of their
facilities and utnrouglh the scting of standards of con-
duct and scholarshio for the Students t  iwho attend them.
Its developing responsible student concltct, disciplinary
proceeditngs piay a role substantially secondary to counsel-
ing, guidance, admonition, and examnple. In tlte cxccp-
tional circumstances when these preferred nieans fail to
resolve problcmns of student conduct, proper procedural
safeguards slhould be observed to protect the student from
the unfair imposition of serious penalties. The following
are recomsse;seded as proper safeguards in such proceed-
ings.;
  A. .\oice of Standards of Conduct Expected of Stu-
dents. Disciplinary proceedings should be instituted only
for violation of standards of conduct deoined in advance
andt puiblisised through such means as a student handbook
or a gctcsraliv available body of sniversity regulaticrns.
Ofellsses sSositl be as clearry defined as possible, and such
vaguc p       its assndesir;ssle conduct' or "conduct in-
jurious to tie best interests of the institution" should be
avoided. ConcepLions of misconduct particular to the
institution need clear and explicit defitition.
  B. Inve-etigalion of Student Conduct.
    I. Except under emergency circumstances, premises
occupied by students and the personal possessions of stu-
dents should not be searched unless appropriate author-
ization has been obtained. For premises such as dormi-
tories controlled by the institittion, an appropriate and
responsible authority should be designated to whom ap-
plication should be made before a search is conducted.
The application should specify the reasons for the search'

  IHonor codes offering comparable gssarantecs may be an
acceptable substitute for the procedural standards set forth
in this Section.



and the objects or information sougist. The student
should be present, if possible, during the search. For
premises not controlled by the institution, the ordinary
requirements for lawful search should be followed.
    2. Students detected or arrested in the course of
serious violations of institutional regulations, or in-
fractions of ordinary law, should be informed of their
riglhts. No form  of harassment should be used by in-
ntitutional representatives to coerce admissions of guilt
or information about conduct of other suspected persons.
  C. Status of Student Pending Final Action. Pending
action on the charges, the status of a student should not
be altered, or his right to be present on tme campus and
to attend classes suspended, except for reasons relating
to his physical or emotional safety and well-being, or for
reasons relating to the safety of students, faculty, or
university property.
  D. Hearing Committee Procedures. The formality of
the procedure to which a student is entitled in disci-
plinary cases should be proportionate to the gravity of
the offense and the sanctions which may be imposed.
Minor penalties may be assessed informally under pre-
scribed procedures. When misconduct may result in
serious penalties, the student should have the right to
a hearing before a regularly constituted hearing comn-
mi ttee.
     1. The hearing committee should include faculty
members or, if regularly included or requested by the
accused, both faculty and student members. No member
of the hearing commiutee who is otherwise interested in
the particular case should sit in judgment during the
proceeding.
     2. T he student should be informed, in writing, of
 the reasons for the proposed disciplinary action with
 sufficient particularity, and in sufficient time, to ensure
 opportunity to prepare for tile hearing.
     3. The student appearing before the hearing com.-
 mittee should have the right to be assisted in his defense
 by an adviser of his choice.
 *   4. The burden of proof should rest upon the ofcials
 bringing the charge.
     5. The student should be given an opportunity to
 testify and to present evidence and witnesses. He should
 have an opporttnity to hear and question adverse wit-
 nesses. InI no case should the committee consider state-
 metstS against hint utlecss he has been i.dvised of their
 content and of tihe namei of those who made them, and
 unless lie has been givesn an opportunity to rebut un-
 favorable inferences which might otherwise be dragon.
      6. All matters upots which the decision may be based
  niust be introduced into evidence at the proceeding before
  the hearing committee. The decision should be based
  solely upon sucs matter. Improperly acquired evidence
  should not be admitted.
      7. In the absence of a transcript, there should be
  both a digest and a verbatim record, such as a tape re-
  cording, of the hearing.
      8. The decision of the hearing committee should be
  final, subject to the student's right of appeal to the
  governing bosard of the institution.



WINTER 1965



449