OSA Code Procedures Section 8: Temporary Suspensions

In consultation with appropriate University officials, the Director or other Presidential delegate[3] has discretionary power temporarily to suspend a Respondent pending resolution of the underlying case where immediate action is necessary to protect the Complainant or the University community. Temporary Suspension may include the withdrawal of any or all University privileges and services, including class attendance, participation in examinations, utilization of University premises and facilities, and in the case of University-registered organizations, recognition by the University, as determined by the Director or designee.
Since the underlying allegation of prohibited conduct has not yet been adjudicated on the merits, a Temporary Suspension may be imposed only when less restrictive measures are deemed insufficient to protect the Complainant or the University community. In determining whether a Temporary Suspension is appropriate, the following factors, among others, should be considered:
  • whether the Respondent has a history of violent behavior or is a repeat offender;
  • whether the incident represents escalation in unlawful conduct;
  • whether there are facts indicating a risk that the Respondent will commit additional acts of interpersonal misconduct or violence; and
  • whether there represents reasonable basis of concern for retaliatory acts;
  • whether there exists reasonable basis for concern over possible harm to the safety of others involved or the campus community generally;
  • whether the Respondent used a weapon or force.
The Respondent may file a written request to lift the Temporary Suspension with the University Hearing and Review Board. The Director may file a response. Three members of the Board (one student, one faculty, and one nonfaculty member) shall serve as a Review Panel. The Review Panel will meet to consider the request to lift the temporary suspension within five (5) business days of receiving the Complainant’s request, with exceptions only for extraordinary cause. If the Review Panel determines that good cause for the Temporary Suspension is inadequate or absent, that other less restrictive alternatives are available, or that circumstances have changed so that the suspension is no longer necessary, the Temporary Suspension will be immediately lifted. The Review Panel may simultaneously provide the Director with guidance regarding appropriate alternate interim measures, and such alternatives are within the Director’s continuing authority. The Review Panel’s decision is final; there is no further right of appeal.

[3] For example, the Vice President for Student and Campus Life, or the Dean of Students.
**Please submit comments on the main Office of the Student Advocate Recommendations for Community Life page.**