Department of Student Life

Review and Hearing Procedures and Sanctions

 

Article IV: Review, Hearing Procedures and Sanctions

A. Charges and Community Standards Review Board Hearings

  1. 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
  2. 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.
  3. 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.
  4. 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.
  5. Hearings shall be conducted by a Community Standards Review Board according to the following guidelines except as provided by article IV(A)(7) below:
    1. Community Standards Review Board Hearings shall be conducted in private.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. Pertinent records, exhibits and written statements may be accepted as information for consideration by the Board at its discretion.
    7. All procedural questions are subject to the final decision of the Board Advisor in consultation with the Dean of Students.
    8. 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.
    9. 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 Standards.
    10. 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 proceedings.
  6. 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.
  7. 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.
  8. 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.

B. Sanctions

  1. 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

    1. Disciplinary Reprimand—A notice in writing to the student that the student is violating or has violated a Community Standards.
    2. Loss of Privileges— Privileges within the University community may be restricted or revoked for a specific period of time.  
    3. Fines— A dollar amount required to be paid to the University, appropriate to the level of violation.
    4. Restitution—Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
    5. Educational/Discretionary 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 appropriate activity.

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.

    1. 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.
    2. 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 internship opportunities.
    3. 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.
    4. Residence Hall Expulsion—Permanent separation of the student from University operated housing.
    5. University 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.
    6. University Expulsion—Permanent separation of the student from the University without opportunity for readmission.
    7. 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 graduation.
    8. 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.

  1. 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.
D. Interim Suspension

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.

  1. 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;.
  2. 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.
  3. 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, if applicable.  
  4. 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.

E. Appeals

  1. 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.

  1. The written appeal must be based upon one or more of the following grounds for appeal:
    1. The severity of the sanction is disproportionate to the violation committed.
    2. There was a significant procedural error before the Community Standards Review Board or applicable Student Conduct Administrator, citing specific examples.
    3. 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.
  2. 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.
  3. 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.
  4. 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.






Contact Us

Department of Student Life
(973) 761-9076
Bishop Dougherty University Center Rm. 116

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