Recreation Services Conduct Procedures
When an alleged violation occurs within or adjacent to the facilities of the Office of Recreation Services or in the context of programs sponsored by that office, the conduct procedures found at Recreation Services conduct procedures will apply. Recreation Services will on occasion refer incidents for review and possible adjudication by the Office of Student Conduct.
5.3.1 Preliminary Meeting
a. Pending results of an investigative review of an incident, the student’s I.D. or Recreation Privilege Card will be “turned off” and the student will not have the privilege of utilizing facilities or programs within Recreation Services.
b. A preliminary meeting will be convened in a timely manner with the student(s) in question and a designated Recreation Services staff member (coordinator or assistant director of Recreation Services) to discuss the incident.
c. The student may plead “responsible” for the behavior and the staff member may assign sanctions.
d. If a student pleads “not responsible” for the behavior, the case will be referred to an Administrative Hearing.
e. A student who fails to appear for a Preliminary Meeting will have their case referred to an Administrative Hearing.
5.3.2 Recreation Services Administrative Hearing
a. Administrative Hearings are conducted by a designated Recreation Services staff member (assistant director or associate director for Recreation Services). The student(s) will be given the opportunity to present witnesses or other evidence to support their claims. The staff member conducting the hearing will determine responsibility and, if necessary, assign sanctions.
b. A written notice indicating the findings of the hearing and sanctions will be emailed to the student’s Ball State email address.
c. When a violation is believed to be a team violation, that team may be represented at the Administrative Hearing by the team captain or another designated team member. Sanctions may be administered collectively to the team or individually against team members.
5.3.3 Appeal Process
a. Students have an opportunity to appeal any decision of discipline from any member of the Recreation Services staff.
b. All appeals of disciplinary decisions must be directed to the associate director of Recreation Services. All appeals of disciplinary decisions must be made in writing within three business days of the receipt of the original decision.
c. A student may appeal based on the following reasons:
1) A procedural or substantive error occurred that significantly affected the outcome of the hearing, such as substantiated bias or material deviation from established procedures;
2) An unduly harsh sanction was imposed;
3) New information of a substantive nature sufficient to
affect the outcome became available, and such information and/or facts were not known to the student organization appealing or its individual members at the time of the original hearing.
d. An appeal may be resolved in one of the following ways:
1) The original decision may be upheld.
2) Modified, lesser sanctions may be imposed.
3) The case may be remanded back for a new hearing.
4) All allegations may be dismissed.
e. Appeal decisions shall be based solely upon the written documentation of the incident and a written statement of appeal from the student or patron.
f. The appellate decision shall be final and will not be subject to any further appeal.
5.3.4 Referrals to the Office of Student Conduct
a. Any case will be referred to the Office of Student Conduct for adjudication or for consideration of additional sanctions when:
(1). A student’s alleged violations are of a more serious nature and may warrant consideration of probation, suspension, or expulsion from the University.
(2). The complexity and nature of the violation warrants referral.
Recreational Services administrators may impose one or more of the following sanctions when a student is found responsible for violations of the Ball State Code of Student Rights and Responsibilities or Ball State Recreation Services Guidelines found at http://www.bsu.edu/recreation:
a. Official Reprimand: Statement of warning provided verbally or in writing stating that the continuation of or repetition of unacceptable behavior may lead to further disciplinary action.
b. Restriction: Suspension from use of or participation in Recreation Services facilities or programs for a pre-determined period of time.
c. Forfeit: Outcomes (e.g., a recorded win) of previous activities are struck from the record.
d. Restitution: A student, whose actions cause damage to public or private property or injury to another person, may be required to provide monetary reimbursement for restoration of or replacement of property or for medical bills related to injuries.
e. Conduct Probation: For a specified period of time during which the student must demonstrate a willingness and ability to conform to all University regulations. Any violation of University policy while on Conduct Probation may result in referral to the Office of Student Conduct with the possibility of suspension or expulsion from the University.