Review and Hearing Procedures and Sanctions
Article IV: Review, Hearing Procedures and Sanctions
A. Charges and Community Standards Review Board Hearings
- Any member of the
University community may file a report against a student for violation of
a Community Standard. The report shall be prepared in writing and directed
to the Assistant Dean of Students who will assign the matter to the
appropriate Student Conduct Administrator. The report should be
submitted as soon as possible after the event takes place, preferably
within one week
- Other than the Community
Standards Review Board, the Student Conduct Administrator may conduct an
investigation to determine if the report has merit and/or if it can be
disposed of administratively by mutual consent of the parties involved and
on a basis acceptable to the Student Conduct Administrator. If the
Respondent accepts responsibility for violating a Community Standard, the
Student Conduct Administrator shall issue the appropriate sanction(s).
If it is believed that a student has participated in the violation of a
Community Standard and he or she does not accept responsibility for
violating the Community Standard, the matter will be referred to the
Community Standards Review Board.
- All meetings and hearings
associated with any conduct matter will be scheduled to avoid conflict
with a Respondent or Complainant's enrolled academic class schedule.This is the only reason that a meeting
or hearing may be rescheduled.
- In the event of a Community
Standards Review Board hearing, the report, associated Community Standard
violation and notice of the date and time of a hearing shall be presented
to the Respondent in written form by the Coordinator for Community
Standards at least 48 hours prior to the scheduled hearing using the
Respondent's University assigned e-mail. A time shall be set for a
Community Standards Review Board hearing that is not less than two (2) nor
more than twenty (20) calendar days after the Respondent has been notified
of the hearing. Maximum time limits for scheduling of Community Standards
Review Board hearings may be extended at the discretion of the Dean of
Students or his/her designee.
The Community Standards Review Board shall be composed of three (3)
members selected by the Assistant Dean of Students from those
appointed by the Dean of Students to serve on the Board. At least
two (2) of the three (3) members shall be students.However, if the referred matter is for
an alleged violation of the sexual misconduct policy, then the Board will
not include students.
- Hearings shall be
conducted by a Community Standards Review Board according to the following
guidelines except as provided by article IV(A)(7) below:
- Community Standards
Review Board Hearings shall be conducted in private.
- The Complainant,
Respondent and their advisors, if any, shall be allowed to attend the
entire portion of the Hearing at which information is received (excluding
deliberations). The presence of any other person at the Hearing
shall be at the discretion of the Dean of Students.
- In Community Standards
Review Board hearings involving more than one Respondent, the Dean in his
or her sole discretion, may permit the hearings concerning each
Respondent to be conducted either separately or jointly.
- The Complainant and the
Respondent have the right to be assisted by an advisor they choose. The
advisor must be a member of the University community and may not be an
attorney or parent/guardian. The Complainant and/or the Respondent
is responsible for presenting his or her own information, and therefore,
advisors are not permitted to speak or to participate directly in any
Community Standards Review Board hearing. A student should select as an
advisor a person whose schedule allows attendance at the scheduled date
and time for the hearing because delays will not normally be allowed due
to the scheduling conflicts of an advisor. The Assistant Dean of
Students shall be notified by the Complainant or the Respondent at least
two days prior to the Hearing if either plan to have an advisor present
for the hearing and if so, the identity of the advisor.Failure to inform the Assistant Dean at
least two days prior to the Hearing of the name of the advisor shall
result in the advisor not being permitted to attend the hearing.
- The Complainant, the
Respondent and the Assistant Dean of Students may arrange for witnesses
to present pertinent information to the Community Standards Review Board.
The Complainant and/or Respondent are responsible for notifying the
witnesses they choose to present at the Hearing, being mindful that only
those with direct knowledge of the matter are
permitted to be witnesses. The Complainant and Respondent shall
notify the Assistant Dean of Students at least two days prior to the
hearing of any expected witnesses and their identity. Failure to
inform the Assistant Dean at least two days prior to the hearing of the
name(s) of expected witness(es) shall result in the witness(es) not being
permitted to attend the hearing. Witnesses will be asked to provide only
that information which is directly relevant to the matter before the
Community Standards Review Board. The witnesses will also be asked
to answer any questions from the Complainant, the Respondent and/or the
Board members. Any question of whether potential information will
be received or if a specific question may be posed, shall be resolved by
the Board Advisor in consultation with the Dean of Students.
- Pertinent records,
exhibits and written statements may be accepted as information for
consideration by the Board at its discretion.
- All procedural questions
are subject to the final decision of the Board Advisor in consultation
with the Dean of Students.
- After the portion of the
hearing concludes in which all pertinent information has been received,
the Community Standards Review Board and the Board Advisor shall go into
closed session for deliberation. The Board shall determine, by
majority vote, whether the Respondent has violated each section of the
Student Code as alleged and recommend appropriate sanction(s) to the Dean
of Students or his/her designee.
- The Board's determination
shall be made on the basis of preponderance of the evidence - whether it
is more likely than not that the Respondent violated a Community
- Formal rules of process,
procedure, and/or technical rules of evidence, such as are applied in
criminal or civil court, are not used in Community Standard Review
- There shall be a single
verbatim record, such as a digital recording, of all Hearings before a
Community Standards Review Board, except that deliberations shall not be
recorded. The record shall be the property of the University.
- If a Respondent, with
notice, does not appear before a Community Standards Review Board hearing,
the information in support of the charges shall be presented and
considered even if the Respondent is not present.
- The Board may accommodate
concerns for the personal safety, well-being, and/or fears of
confrontation of the Complainant, Respondent, and/or other witnesses during
the hearing by providing separate facilities, by using a visual screen,
and/or by permitting participation by telephone, videophone, closed
circuit television, video conferencing, videotape, audio tape, written
statement, or other means, where and as determined in the sole judgment of
Dean of Students to be appropriate. Such means may also be used in
rare circumstances when the Complainant, Respondent, and/or other
witnesses are unable to be physically present at the hearing.
- The following sanctions
may be imposed upon any student found to have violated a Community
Standard. To determine the sanction or combination of sanctions, the
following is considered:
·The severity of the violation
·The Respondent's previous record of disciplinary
sanction(s), if any
·The effect of the Respondent's misconduct upon
the University community
·Consistency with previously issued sanction(s)
for similar misconduct
- Disciplinary Reprimand—A
notice in writing to the student that the student is violating or has
violated a Community Standards.
- Loss of Privileges—
Privileges within the University community may be restricted or revoked
for a specific period of time.
- Fines— A dollar amount
required to be paid to the University, appropriate to the level of
for loss, damage, or injury. This may take the form of appropriate
service and/or monetary or material replacement.
Sanctions – Sanctions intended to contribute to the education of the
student, the University community and/or to be a form of social
restitution. Examples include but are not limited to:
Developmental exercises –
requirement to attend, plan and/or participate in a program, workshop or other
University-mandated service – service
assignment for a number of hours or the
equivalent that is appropriate to the violation.
Educational class – attendance at
a class or workshop appropriate to the violation such as
Fire Safety class or Alcohol/Drug Education class.
Administrative Reassignment of
Housing – A temporary or permanent relocation of a person's housing assignment
in University operated housing.
- Probation I – A written
reprimand for violation of a Community Standard. Probation I is for
a designated period of time and includes the probability of more severe
disciplinary sanctions if the student is found to have violated any
Community Standards during the probationary period. This sanction
may impact a student's eligibility for housing selection.
- Probation II—A written
reprimand for violation of a Community Standard. Probation II is for a
designated period of time and includes the probability of more severe
disciplinary sanctions if the student is found to have violated any
Community Standards during the probationary period. This sanction
will impact a student's eligibility for housing selection and eligibility
to participate in other University activities (e.g. leadership positions,
Greek Life new member education, etc.).A student on Probation II is considered to be "not in good social
standing" and may also be prevented from engaging in Study Abroad and
- Residence Hall
Suspension—Separation of the student from University operated housing for
a specified period of time, after which the student is eligible to
return. Conditions for readmission may be specified.
- Residence Hall
Expulsion—Permanent separation of the student from University operated
Suspension—Separation of the student from the University for a specified
period of time, after which the student is eligible to return. Conditions
for readmission may be specified.
Expulsion—Permanent separation of the student from the University without
opportunity for readmission.
- Revocation of Admission
and/or Degree—Admission to or a degree awarded from the University may be
revoked for fraud, misrepresentation, or other violation of Community
Standards in obtaining the degree, or for other serious violations
committed by a student prior to the actual start of classes or
- Withholding Degree—The
University may withhold the awarding of a degree otherwise earned until
the completion of the process set forth in this Community Standards
Review process, including the completion of all sanctions imposed, if
any, at its sole discretion.
C. Student Disciplinary Record
1Other than University suspension,
University expulsion or revocation or withholding of a degree, disciplinary
sanctions will not be made part of the student's transcript, but shall become
part of the student's disciplinary record. Cases involving the imposition of
sanctions other than University suspension, University expulsion or revocation
or withholding of a degree are not maintained seven (7) years beyond the date
of the original incident.
D. Interim Suspension
- All records of the process
and of the sanctions imposed, if any, shall be considered to be the
education records of both the Respondent(s) and the Complainant.
In certain circumstances,
the Dean of Students or his/her designee, may impose a University or residence
hall suspension prior to the hearing before a Community Standards Review.
- An interim suspension may
be imposed at the discretion of the Dean of Students for reasons including
but not limited to, a) to prevent disruption of, or interference with, the
normal operations of the University; b) to protect the best interests of
the University; c) to ensure the safety and well-being of members of the
University community or preservation of University property; d) to ensure
the student's own physical or emotional safety and well-being;.
- During an interim
suspension, a student shall be denied access to University operated
housing and/or to the campus (including classes) and/or all other
University activities or privileges for which the student might otherwise
be eligible, as the Dean of Students may determine to be appropriate.
- An interim suspension does
not replace the regular Community Standards process, which shall proceed
on schedule, up to and through a Community Standards Review Board hearing,
- The student shall be
notified by the Dean of Students or his/her designee, in writing, of the
interim suspension as soon as possible and the notice should include
instruction for a subsequent meeting at which the student shall have the opportunity
to establish why the Interim Suspension is unnecessary.
- A decision reached by the
Community Standards Review Board or a sanction imposed by a Student
Conduct Administrator may be appealed by either the Respondent or the
Complainant within five (5) calendar days of notification of the
decision. Such appeals shall be in writing and shall be delivered to
the Assistant Dean of Students who will forward it to the appropriate
Appeal Authority. Appeals submitted by third parties, including
legal representation, will not be considered.
This is only period for
appeal.Should one party decide to
appeal and the other does not, the party not appealing does not receive a new
five (5) day period.
- The written appeal must be
based upon one or more of the following grounds for appeal:
- The severity of the
sanction is disproportionate to the violation committed.
- There was a significant
procedural error before the Community Standards Review Board or
applicable Student Conduct Administrator, citing specific examples.
- To consider new
information sufficient to alter a decision not brought out in the
original hearing because such information and/or facts were not
reasonably available at the time of the hearing.
- An appeal shall be limited
to a review of the verbatim record of the hearing and supporting documents
from the hearing or review along with the written appeal.
- If sufficient grounds for
appeal are evident, the Appeal Authority will take action on the
appeal. The Appeal Authority may reduce the severity of the
sanction, increase the severity of the sanction, or sustain the
sanction. When circumstances warrant, as determined by the Appeal
Authority, the case may be referred to a different Community Standards
Review Board for additional proceedings.
If sufficient grounds for appeal are not evident, the Appeal Authority
will deny the appeal and the original sanction will stand.
The decision of the Appeal Authority is final.
- The sanction imposed as a
result of the original hearing shall be in effect until such time as an
appeal is granted and the sanction is changed. Any exception to this
shall only be made at the discretion of the Dean of Students.
Department of Student Life
Bishop Dougherty University Center