Draft 4-8-09

Thursday
April 2, 2009
2:00 p.m.
MA 211K

EXECUTIVE COMMITTEE

 

PRESENT
Laine Berghout, Shannon Butler, Dave Ferro, Colleen Garside, Bruce Handley, Kami Hanson, Wade Kotter, Peggy Saunders, Gene Sessions – Kay Brown, Secretary

EXCUSED
Mike Vaughan, Ann Millner

GUESTS
Richard Hill, University Legal Counsel

PPM 6-22 Richard Hill presented proposed changes to the Student Code PPM 6-22

In the jurisdiction section of the code there are a number of areas in which the student Student Code would apply.

Administrative Issues - Administrative areas deal with disputes regarding admission to the University, tuition waivers, credit adjustments, graduation, financial aide, eligibility, parking, etc. Currently each of these areas is dealt with by a different committee, and these committees have developed different procedures, which have not necessarily followed the code. Consequently, legal issues have developed between students and their attorneys and the University. The Associate Provost and the Vice President for Student Services have developed some amendments to the code which would specify procedural steps for all the administrative committees to follow.

Most students would prefer not to go before a committee to resolve issues. They would rather meet with the Dean of Students and come up with a resolution to the issue. This option was not outlined in the code. The Dean of Students has been following his own procedures.

The proposed changes would add two new sections to the code, Section IX - Procedures for Administrative Issues, and Section X - Procedures for Student Conduct Hearings. The proposed changes do not increase or decrease any substantive rights. It is simply a procedural path.

University Council will train individuals who will be conducting hearings. They will also create a web page for students to view which will show them where they need to go and what will be required of them.

The process for hearings is comprised of three steps.

File a Petition - Many of the cases will be requesting a waiver of some sort which will require an administrative decision. If the student doesn’t like the decision, they can then request an administrative hearing.

Administrative Hearing - The Administrative Hearing Officer/Committee will make an independent determination of the pertinent issues based upon such oral and written proofs as may be presented, and shall make a final determination of the status of the petitioner consistent with the law and University policies. Decisions of the Administrative Hearing Officer/Committee must be in writing and must give reasons for the decision. Appeals from the decision of the Administrative Hearing Officer/Committee will be considered only on due process grounds.

Due Process Appeals of Administrative Hearings - Individuals who believe they have not received due process may appeal to the University Due Process Officer. This appeal is to review whether or not the student received adequate due process in prior reviews. The Due Process Officer does not review the merits of the case. A decision letter, including the pertinent findings, will be sent to the student and the person(s) conducting the Administrative Hearing.

The PPM establishes a process for amending the Student Code.  The process requires proposed amendments to go to the Admissions, Standards, and Student Affairs Committee.

PPM 6-22, XI, Amendments B - Proposed amendments shall be submitted to the Admissions, Standards, and Student Affairs (ASSA) Committee. The ASSA Committee shall, within 60 working days of receiving amendment(s), publish notice of the same and solicit comment from the members of the University community via open hearings. Following these activities, the ASSA Committee shall transmit the proposed amendment(s) to the WSUSA Student Senate.

C. The WSUSA Student Senate shall consider the proposed amendment(s) and return its findings to the ASSA Committee within 60 working days. The ASSA Committee, at this point, has the responsibility to attempt to reconcile different versions of the amendment(s).

D. The ASSA Committee shall submit its proposed amendment(s) to the Faculty Senate. In the event that the proposed amendments from the WSUSA Student Senate and the WSU Faculty Senate are irreconcilable, either body may choose to submit its proposed amendment(s) to the President, with the opportunity for students and faculty to be present during such a presentation.

Richard Hill, University Legal Counsel, pointed out that the proposed changes are not substantive. They deal with administrative issues and behavioral issues, and do not affect the rights of the faculty.

The Executive Committee recommended that the process stated above to send the proposed amendment to the ASSA Committee be waived.

ADJOURN
The meeting adjourned at 2:30 p.m.