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The investigation must include an opportunity for the Regent to respond to the allegations.A Regent’s acts or omissions in his or her non-official capacity shall not be the basis for sanctions unless the acts or omissions (a) constitute a violation of the University’s Statement of Ethical Values and Standards of Ethical Conduct, the University’s Sexual Violence and Sexual Harassment Policy, or another policy that expressly applies to a Regent’s non-official conduct and (b) affect the University’s reputation, integrity, or policy objectives.It is intended that the sanctions listed in this Policy be imposed and enforced for the protection of the University community and for the maintenance of the reputation and integrity of the University.No provision of this Policy shall be interpreted in a manner that results in a violation of any person’s rights of free speech and association or other fundamental rights.Section II – Procedures for Investigation of Allegations and Imposition of Sanctions The Board shall have the authority to censure or sanction a Regent who is found by the Board to have violated the Regent’s fiduciary or ethical duties to the University.In order for the Board to censure a Regent, the Regent must be found by a preponderance of the evidence to have violated the ethical principles or breached his or her duties as set forth in the University Bylaws, policy, or applicable law.The appointed Investigator shall, at the direction of the Office of the General Counsel and consulting as appropriate with the Regent panel, gather information relevant to the allegations of misconduct or breach; afford the accused Regent an opportunity to respond to the allegations and comment on the information gathered; and make a written report of its review, findings, and recommendation (“Investigator’s Report”) within 90 days from the date of appointment, unless the Office of the General Counsel determines that circumstances warrant a longer period.
The severity and type of sanction selected for a particular offense must be appropriately related to the nature and circumstances of the case.Any allegations, investigation, or proposed sanction of a Regent may be resolved informally at any time, following consultation with the Office of the General Counsel and with the approval of the Regent panel.For the purposes of this Section, outside counsel may be used in the place of the Office of the General Counsel when good cause exists, as determined by unanimous vote of the Regent panel. Preliminary Review of Allegations When allegations of a Regent’s misconduct or breach of duties come to the attention of the Board or a member thereof, the allegations shall be forwarded to the Office of the General Counsel.If there is a personal conference, the Regent and the Investigator shall each be entitled to bring a representative of their choice, including an attorney, to the conference.Any written response by an accused Regent to the allegations shall become part of the formal record and shall be appended to the Investigator’s Report. Determination of Appropriate Sanctions The Investigator shall submit the Investigator’s Report, upon completion, to the Office of General Counsel and the Regent panel.