A. Definitions. For the purposes of these rules, the following words shall have the meaning set forth unless the context requires otherwise:
- "Board" means the State Board of Regents, State of Iowa.
- "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.
- "President" means the president (or acting president) of the University or any person or persons designated by the president to act on the president's behalf for purposes of these rules.
- "Campus" includes all property owned or used by the University.
- "Student" means a person who is currently registered as a student at the University in an undergraduate, graduate or professional program on the campus.
- "Member of the faculty or staff" includes all employees of the University.
- "Visitor" means any person on the campus who is not a student or a member of the faculty or staff. A suspended member of the faculty or staff, or a suspended student, who is on the campus during the period of such suspension shall be deemed a visitor.
- "Person" means any student, member of the faculty or staff, or visitor.
- "Admission" means admission, re-admission, re-entry, registration, and re-registration as a student to any educational program of the University.
- "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 his/her 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 acts of misconduct specified in B. below. One under such suspension whose re-employment is denied on the basis of alleged acts of misconduct committed during his/her suspension period shall have a right to a hearing on that issue as provided in section C.
- "Suspension of a student" means that during a specified period of time, the student shall be denied admission to the University or employment by it. 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 B. below. 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 Section C.
- "Expulsion of a student" means termination of his/her status as a student without right of re-admission.
- "Dismissal of a member of the faculty or staff" means termination of his/her status as an employee without right of reemployment.
B. Rules of Personal Conduct. 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 of misconduct shall be subject to disciplinary procedures by the University as hereinafter provided:
- Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other University or University-authorized function or event.
- 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 the time to general use or if the person fails to comply with proper notice to leave.
- Physical abuse or the threat of physical abuse against any person on the campus or at any University-authorized function or event, or other conduct which threatens or endangers the health or safety of any such person.
- Theft of or damage to property of the University or of a person on the campus.
- Interference with the right of access to University facilities or with any other lawful right of any person on the campus.
- Setting a fire on the campus without proper authority.
- Use or possession on the campus 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.
- Conduct off campus which leads directly to a violation of any of subsections "1" through "7" of this section.
- 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 B. above may be sanctioned up to and including suspension, expulsion or dismissal. If a suspension is ordered after the start of a semester or quarter, however, the time period of the suspension shall be deemed to run from the beginning of the semester or quarter rather than the actual date of the order. A faculty or staff member who is suspended shall receive no salary during the period of his/her suspension provided; however, that he/she shall be paid for work done prior to the date of the suspension order.
* 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 person who applies for admission to or employment by the University (either for the first time, or after a term of suspension or dismissal) may be denied such admission or employment if it is found that he/she has committed any acts of misconduct specified in B. above while such a person was a visitor on the campus. A person denied admission or employment under this section shall have a right to an appropriate hearing.
- Any sanction imposed under C. 1 and 2 above 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.
D. Emergency Power
- The president is authorized to declare a state of emergency to exist at the institution upon a determination by him/her that violent actions or disruptive activities at the University are of such a nature as:
- To present a clear and present danger to the orderly processes of the University or to persons or property on the campus and,
- To require extraordinary measures to
- Safeguard persons or property at such institution, or,
- Maintain educational or other legitimate institutional functions.
- 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 a. and b. above. Each extension shall be 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.
- As soon as feasible after declaring a state of emergency, the president shall notify the Board of his/her actions taken.
- Upon a finding by the president as set forth in D1 above, the president is authorized to take such action as, in his/her judgment, 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.
E. Sanctions Under Emergency Power
- Any person who, after appropriate hearing, is found to have violated knowingly a presidential order issued as contemplated in section D. above may be expelled or dismissed from the University.
- 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 section B. of this policy, may be expelled or dismissed from the University.
- Any person who, after appropriate hearing, is found to have violated knowingly a presidential order as contemplated in section D. above and--knowing that a state of emergency had been declared--is found to have violated during the state of emergency any of the Regents' Rules of Personal Conduct, set forth in section B. of this policy, may be expelled or dismissed from the University.
- Any sanction imposed under this section 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.
F. 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.