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The Office of the Dean for Student Development coordinates the Student Judicial System and all matters relative to student conduct and behavior in order to maintain a community that is conducive to the overall mission of Boston College.
The Student Judicial System has been developed to ensure the existence of an environment that fosters the intellectual, personal, ethical, psychological, social, and spiritual potential of all students. In keeping with the mission of Boston College as a Jesuit and Catholic university, a judicial system should be, first and foremost, educational in nature. However, there may be occasions when issues of community or personal safety and well-being require severe but appropriate responses that appear to supersede, but in actuality augment, learning. Such a system has among its goals personal development, moral and ethical enrichment, values formation, and citizenship.
See Section 5. Behavioral Standards and Policies for more information.
Judicial Hearing Board Procedures
The authority to enforce the University Code of Student Conduct arises with the Board of Trustees and is passed through the President of the University to the Vice President for Student Affairs, then to the Dean for Student Development. The Dean then delegates the authority to his staff and the Student Judicial System. However, the Dean reserves the right to review the sanctions imposed at any judicial hearing to assure their appropriateness. In addition, the Dean may separate a student from the University for reasons of health, safety, or when a student's continuance at Boston College poses a significant risk to the student or others, and provided that the Dean has reason to believe that such action is in the best interest of the student or others at the University.
The focus of inquiry in disciplinary proceeds shall be whether the accused is responsible or not responsible for violating disciplinary regulations. The process is designed to enforce college rules and regulations, not criminal laws, though at times the two may coincide. Formal rules of evidence will not be applicable, and deviations from prescribed procedures will not necessarily invalidate a decision or proceeding unless significant prejudice to a student respondent or the University may result.
The following system exists to protect the rights of the Boston College community and of students accused of any breach of the University Code of Student Conduct (see Section 5. Behavioral Standards and Policies) or the Residence Agreement (available on the Office of Residential Life's website at www.bc.edu/reslife).
A student will become involved with the judicial system as a result of alleged violations of the community standards of Boston College. Such violations will be documented and a report submitted by a residential life staff member, Boston College police officer, off-campus community liaison, neighbor, fellow student, University official, or local police department. While most violations occur on the Boston College campus, the student population living in the surrounding community off campus or studying abroad also falls within the jurisdiction of the Boston College judicial system.
Anyone who has grounds to initiate a complaint regarding any Boston College student may do so by submitting to the Office of the Dean for Student Development (Judicial area) the following information:
- the names of the accused;
- a clear statement explaining the nature and circumstances of the complaint; and
- the names, addresses, and telephone numbers of those filing the complaint.
A student who has had a complaint lodged against him or her will be called by the Dean for Student Development or designee to discuss the complaint. At the meeting, the case may be held, dropped, or adjudicated or referred to an appropriate hearing board as determined by the Dean or designee.
Once a student has been "documented," he or she will receive notification to meet with a member of the Office of the Dean for Student Development or the Office of Residential Life to discuss the situation. It is mandatory that the student appear at the meeting. The Administrative Adjudication is an informal judicial hearing to discuss the report and the related incident. As a result of the meeting the case may be closed, a resolution may be reached, or the matter may be referred for further review.
JURISDICTION
Any case of alleged misconduct by any Boston College student is within the jurisdiction of the Administrative Adjudication hearing.
MEMBERSHIP
The Dean or designee will conduct the Administrative Adjudication hearing. In certain cases of misconduct, the Dean may designate a member of the Residential Life staff to conduct the hearing. Once resolved, records of all cases will be maintained by the Office of the Dean for Student Development. At the Administrative Adjudication hearing, the accused student will be present and the complainant may be present.
AUTHORITY
Decisions that can be reached at the hearing are:
- A case may be held for further information as determined by the Dean.
- A case may be dropped in circumstances where relevant information and evidence concerning the alleged misconduct is determined by the Dean to be inadequate for referral to a Student Judicial Board or Administrative Hearing Board.
- A case may be resolved by the Dean or designee or member of the Residential Life staff if the accused student admits to the facts and accepts the sanction imposed.
- A case may be resolved by the Dean or designee or member of the Residential Life staff if he or she determines that no further disciplinary action is required.
- In the event the accused student admits to the facts but questions the sanctions imposed, he or she may request that the sanction be reviewed by another judicial hearing official. To initiate such action, the student must inform, in writing, the original adjudicator that he or she would like a review. The case then is referred to the appropriate official. The review is to determine whether or not the imposed sanctions are appropriate based on the facts, similar cases, prior record, and Student Judicial System guidelines. The case is not re-heard. The review can result in an upholding of the sanctions or a modification. The reviewing official's decision is final.
- A case may be referred directly to a Student Judicial Board or an Administrative Hearing Board if the Dean or Residential Life staff member feels that such a referral is appropriate. The Dean will determine which board will hear the case.
- Board Referral: When a matter is referred to a board, the accused student will be sent a copy of the judicial procedures. Cases which receive direct referral typically involve substantial threats to the health, safety, or tranquility of the members of the community, such as assault and battery, larceny, sexual assault, major damages, major breaches of the University Code of Student Conduct or the Conditions for Residency, recidivism, or off-campus violations. A case in which two or more students are charged with having participated in the same incident must be heard by a single board. If a student is found to have committed an offense by any board, the chair of the hearing board will have access to the student's record of previous disciplinary infractions, if any. This information can then be used in deciding upon a sanction.
- A student who does not respond to a request to schedule an Administrative Adjudication hearing or fails to appear for such a scheduled meeting could have the case heard in his or her absence or have his or her records frozen.
JURISDICTION
All Boston College undergraduate students are subject to the jurisdiction of the Student Judicial Board. Cases are submitted by the Office of the Dean for Student Development.
MEMBERSHIP
The Student Judicial Board is composed of four students from each undergraduate class plus three non-voting chairpersons. Chairpersons, who must have at least one prior semester of service as a board member, are elected via ballot by the general membership.
Board members can continue to serve for the duration of their undergraduate experience as long as they meet the expectations set forth by the Student Judicial Board and the University. Upperclass applications for membership on the Student Judicial Board are available in the spring; freshman applications are available in the fall. Applications must be accompanied by one letter of recommendation from a faculty member, Residential Life staff member, or administrator.
Applicants are interviewed by the Student Judicial Board chairpersons, who have the responsibility of recommending candidates to the Office of the Dean for Student Development. Students on Housing or University Probation or who have been suspended from housing or the University are ineligible to serve as Student Judicial Board members. Residential Life staff members are also ineligible. Ordinarily a panel of five voting members of the Student Judicial Board will hear individual cases, but a panel of three may hear the case with the agreement of the complainant and the accused. A simple majority vote is required to make a decision.
AUTHORITY
The authority of the Student Judicial Board is delegated from the Dean for Student Development. Decisions that can be reached by the Student Judicial Board are "responsible," "not responsible," "no finding," or "responsible for a lesser inclusive charge." If the decision is "responsible," the board may recommend sanctions up to and including suspension or dismissal from the University.
All judicial sanctions will be reviewed by the Dean for Student Development and imposed under the authority delegated to him by the Board of Trustees.
APPEAL
See How to File an Appeal in the Appeals Board section for a full explanation.
JURISDICTION
All Boston College students are subject to the jurisdiction of the Administrative Hearing Board. Cases are submitted by the Office of the Dean for Student Development.
MEMBERSHIP
The Administrative Hearing Board is composed of three administrators and/or faculty members. Chairpersons for the Administrative Hearing Board are designated by the Dean for Student Development. A simple majority vote is required to make a decision.
AUTHORITY
Decisions that can be reached by the Administrative Hearing Board are "responsible," "not responsible," "no finding," or "responsible for a lesser inclusive charge." If the decision is "responsible," the board may recommend sanctions up to and including suspension or dismissal from the University.
The Administrative Hearing Board has the authority to require students to appear as witnesses in cases where the board determines that additional testimony is necessary for a full and fair hearing of a case. Failure of a student to cooperate with the board's request will be subject to sanction by the Dean for Student Development.
All judicial sanctions will be reviewed by the Dean for Student Development and imposed under the authority delegated to him by the Board of Trustees.
APPEAL
See How to File an Appeal in the Appeals Board section for a full explanation.
Judicial Hearing Board Procedures
All judicial board hearings on campus will be conducted according to the following guidelines:
- The chairperson will convene the board, have all parties introduce themselves, explain the purposes of the board, address the issues of veracity and confidentiality, and explain the role of advisors if any are present.
- All witnesses will be asked to leave the room.
- Both parties will be given an opportunity to challenge the board members for cause.
- Chairperson reads the charges against the accused.
- The complainant is given an opportunity to present his or her statement.
- The accused is given an opportunity to respond.
- Board members question both parties.
- Each side is given an opportunity to question the other through the chairperson.
- Witnesses are brought into the room individually to make their statement and answer questions from all parties. Witnesses for the complainant are heard first.
- The complainant and then the accused are given the opportunity to make a final, summary statement to the board.
- The board meets in private to deliberate and, if the finding is "responsible," to recommend appropriate sanctions to the Dean or Associate Dean.
The complainant and the accused student may be accompanied by an advisor of their choosing at a judicial board hearing. The UGBC Student Rights Committee has advisors available who are trained to assist accused students. An attorney may be present and serve as an advisor to either party only in instances where the accused student has been arrested or has had a criminal complaint filed against him or her and the matter has not yet been concluded in court. Hearings will not be scheduled or postponed based upon the availability of a student's advisor.
Boston College officials involved in the judicial system will only discuss procedural matters with attorneys serving as advisors; all other matters (written or verbal) will be referred directly to the Office of the General Counsel. All substantive questions, concerns, or comments concerning the judicial matter as well as any written correspondence, including the filing of an appeal, must come directly from the student(s) involved.
The role of the advisor at the actual hearing is limited. He or she is not entitled to address the Board or act in any advocacy capacity at the hearing. The student and his or her advisor can confer at any point during the hearing, but the advisor may not formulate specific questions, responses, or statements for the student. Violations of the guidelines would result in a warning being issued to the advisor by the hearing official. Repeated violations may result in the advisor being asked to leave the hearing room.
If either the complainant or the accused wishes to be accompanied by an advisor to a judicial hearing, he or she must inform the Office of the Dean for Student Development, in writing, a minimum of 48 hours in advance of the hearing and indicate the name and phone number of the advisor.
The University reserves the right to have legal counsel at a hearing to serve as an advisor to the chairperson of the hearing board. The chairperson and legal counsel may consult anytime during the hearing.
Determinations of "responsible" or "not responsible" within the judicial system are based upon a preponderance of the evidence as presented to the hearing officer/board.
PARENTAL NOTIFICATION
The Dean for Student Development or a designee, at his or her discretion, may notify parents in writing of disciplinary or judicial matters to the full extent permitted by law. Letters sent home are for informational purposes, with the belief that parents, students, and University administrators are all part of the educational, developmental process.
NOTIFICATION OF MEETINGS
The accused student is required to set up an appointment for a meeting or will be sent notice of an Administrative Adjudication hearing in which his or her presence is required, a minimum of 24 hours in advance of the meeting, unless deemed an emergency. A notice for a board hearing will be sent a minimum of 72 hours in advance of the hearing.
Students are required to be at Administrative Adjudication hearings and/or hearings that they have scheduled or for which they have been notified. If they are absent from a judicial hearing, the hearing and decision-making will still proceed. If the complainant is absent, the case may proceed if the accused stipulates to the facts of the report. If not, the case is referred back to the Office of the Dean for Student Development for review and action.
If a student is absent from the Administrative Adjudication hearing, the University administrators may make a unilateral resolution of the matter or refer it to an appropriate judicial board. A minimum of 72 hours prior to a board hearing, the accused student will be sent notification of:
- the names of the accused;
- a listing of the charges; and
- the names and addresses of those filing the complaint.
NOTIFICATION OF DECISIONS
The accused student will be sent written notification of any decisions and/or sanctions reached as a result of a hearing within 10 business days after a hearing. Notification of whether or not the grounds for an appeal have merit will be sent within 10 business days after the receipt of the appeal. In cases involving allegations of sexual assault or of a crime of violence, the Office of the Dean for Student Development will notify both the accused and the complainant of the decision and the sanction imposed, if any, but such information shall be kept confidential unless otherwise indicated by the Dean. In the event a student is found responsible for committing a sexual assault or crime of violence, the Office of the Dean for Student Development reserves the right to disclose at its discretion the result and sanction to other parties. The Office of the Dean for Student Development may inform a student's parents of any finding of responsibility and related sanctions for violations of federal, state or local laws governing the possession or use of alcohol or controlled substances. All hearing results may be shared by the Dean with relevant academic deans and other university officials having a legitimate educational interest in such results.
All parties, including the accused student, the aggrieved party, and the hearing board, are required to respect the right of confidentiality of other participants. Any unauthorized disclosure of confidential information by participants to persons not involved in the hearing process as direct participants, advisors, or responsible administrators will be dealt with as a subsequent charge or as grounds for dismissal from the board.
In addition, all participants in the hearing process have a right to be free from intimidation and harassment. Students required to appear before a board, their advisors, and their witnesses must not communicate with any member of any disciplinary board or with the accusers and their witnesses prior to the hearing. Any implied or actual act of intimidation or harassment is strictly prohibited and will be dealt with as a subsequent and serious charge.
As a general rule, all board hearings are closed. Unless otherwise indicated by the Dean, board results shared with a victim/complainant are confidential and should be treated as such.
At Judicial Hearings: At the sole discretion of the Dean's office, a recorder may be appointed to keep a taped record of the hearing for the exclusive use of the Office of the Dean for Student Development. Generally, such recordings are destroyed upon completion of the internal appeal process. None of the parties at the hearing will be allowed to use any type of electronic device, including but not limited to: laptop computers, tape or digital recorders, cell phones, PDAs, etc., without the advance written permission of the Dean.
Judicial Records: When a student is found responsible for violation(s) of the University Code of Student Conduct, a permanent disciplinary record will be established and maintained in the Office of the Dean for Student Development.
Student disciplinary records remain on file until the class graduates, at which time (usually June–July) they are reviewed to determine what will be destroyed and what will be kept for three years. Guidelines for retention include:
- University Dismissal or Suspension
- Housing Dismissal or Suspension
- Behavior Posing a Danger to the Community
- Two or more Probation periods
- Pattern of violations over four years
- Serious offenses (false ID, drugs, sexual assault, physical violence, etc.)
- Request for Disciplinary Clearance where a disciplinary record was noted
In June or July of the third year following graduation, records maintained past graduation will be destroyed unless kept due to possible legal actions.
The Student Judicial Board will not be in session after the last class day of the academic year. All complaints received after the last day of classes will be resolved in an Administrative Adjudication hearing unless referred to the Administrative Hearing Board by the Office of the Dean for Student Development. Students taking any type of summer course and individuals living in University housing during the summer are expected to conform to all regulations of the University Code of Student Conduct. However, due to the abbreviated nature of the summer term, summer students may be subject to disciplinary procedures and sanctions imposed at the reasonable discretion of the Office of the Dean for Student Development or the Office of Residential Life.
An important objective of the University's judicial system is that of education of all participants through the judicial process. Sanctions such as suspensions, probations, and community service projects are not regarded as punishments or controls but rather as educational devices to assist the student in attaining the maturity required to live in society. Suspension may be one way of telling the student that he or she is not yet ready for the living environment and/or education a university offers, and this awareness itself may be a significant step in educating the student.
- Fines: Certain offenses may result in monetary sanctions. Financial penalties must be paid within 15 class days of issuance. Community service programs may be substituted for fines if approved by an appropriate administrator.
- Restitution: Compensation to the injured party, payment for damages, and/or "court costs" for hearing appearances of Boston College Police when such appearances are key to a case and if the accused is found responsible.
- Disciplinary Probation: A formal notification that the activity in question is unacceptable and that if continued or other inappropriate behavior follows, more severe action may be taken.
- Housing Probation: Any similar or more serious violation of the University Code of Student Conduct while on this status will result in the mandatory imposition of a suspension or dismissal from University housing, the length being a minimum of the balance of the semester or one full semester.
- Suspension from University Housing: Requires moving out of housing for the length of time specified at the hearing. Any student who receives a suspension from University Housing will lose eligibility to live in the Modular Apartment (Mods) area.
- Housing Dismissal: Requires permanently moving out of housing. The student may not reapply for residency.
- University Probation: A similar or more serious violation of the University Code of Student Conduct while on this status will result in the mandatory imposition of a suspension or dismissal from the University, the length being a minimum of the balance of the semester or one full semester. Any student placed on University Probation will lose eligibility to live in the Modular Apartment (Mods) area.
- University Suspension: Requires that the student no longer be present on any Boston College owned or leased property for the time specified at the hearing (minimum of one semester or the balance of the semester). Any student who receives a suspension from the University will lose eligibility to live in the Modular Apartment (Mods) area. In addition, in the case of graduating seniors, the University reserves the right to withhold, for a specified period of time, the awarding of their degree. While on suspension, a student may not take courses to advance his or her degree. Students cannot be readmitted until after the date their suspension ends, nor may they register or pre-register for the following semester's courses. The graduation date will be adjusted upon readmission according to the length of the suspension. Please contact your academic dean's office for additional information.
- Dismissal from the University: Requires that the student completely sever any and all connection with Boston College.
Other Sanctions
- Privilege Ban: Recreational Complex, social gatherings, parking, sound equipment, etc.
- Referral for Appropriate Counseling or Guidance
- Community Restitution Project (i.e., work projects on or off campus)
- Alcohol Education Program and associated fee
- Relegation to Final Room Selection (i.e., student loses the opportunity to participate in the Housing Room Selection Process)
- Housing Relocation (i.e., mandatory move to a different residence hall or area)
- Campus Ban (i.e., persona non grata, student is banned from being present on the entire campus or on specified areas of the campus)
- Student Activity Ban (i.e., student is prohibited from participating in specified or all student clubs/organizations or from participating in intercollegiate activities/athletics)
- Educational Project (i.e., student is required to conduct research or a project in an area relevant to the offense)
- Stay Away Order (i.e., student is prohibited from having any contact—direct, indirect, or third party on his or her behalf—with a particular person, with violation resulting in possible University Suspension
- Other appropriate alternatives
Sanctions may be combined for varying levels of misconduct. Non-compliance with or failure to meet the terms of a sanction imposed at any judicial hearing may result in housing and/or University Suspension. Housing and/or class registration may also be delayed pending completion of sanctions.
A record of disciplinary sanctions may impact a student's ability to be a Resident Assistant, student government officer, Orientation Leader, Student Judicial Board member, etc. Such a record must be reported on most law school applications, state bar examiner reports, medical school applications, some graduate school forms, some college transfer forms, and in some instances job applications, particularly for federal or state positions. In addition, any student suspended from housing or the University or who has been placed on University Probation will be prohibited from participating in international study programs.
Minimum Sanctions
Certain violations of a serious nature invoke minimum sanctions. The sanctions listed below will be used as minimum guidelines in all first offense situations.
Non-compliance with or failure to meet the terms of a sanction imposed at any judicial hearing may result in Housing and/or University Suspension. A student records freeze (Housing, Registration, Student Accounts) or a suspension from University housing may be involved pending completion of sanctions. The sanctions below are minimums only and may be increased by the hearing officer or judicial board.
- Central alcohol source (kegs, beerballs, punch bowls, trash cans, etc.) or excessive amounts of alcohol (beyond personal consumption): Over 21 Years of Age—Housing Probation; Under 21 Years of Age—One semester Housing Suspension
- Providing alcohol to minors: Housing Probation, community service program
- False IDs:
- Possession, conspiring to obtain, or use: $100 fine, Housing Probation until age 21, community service, University Suspension for repeat offense
- Manufacturing: University Suspension for one year, $500 fine, Housing Dismissal
- Drug violations:
- Drug use/possession
- Class D (e.g., marijuana) or E (unprescribed use of prescription drugs): Small quantities, first disciplinary offense (discounting very minor violations like hall sports, pets, candles, etc.)—Housing Probation, TRAC III (Alcohol and Drug Education program). Small quantities, second disciplinary offense—Housing Probation, TRAC III, Administrative Housing Placement (if the student is a sophomore and living off campus his or her junior year, then the administrative placement will be for the senior year). Large quantities—One year Housing Suspension, substance abuse education program
- Class A (e.g., heroin), B (e.g., LSD, cocaine), or C (e.g., mushrooms): Small quantities—One year Housing Suspension, substance abuse education program. Large quantities—University Suspension (minimum one year), Housing Dismissal
- Guest use/possession: Housing Probation
- Drug paraphernalia possession: Housing Probation
- Providing drugs to others (no monetary compensation): One year Housing Suspension, substance abuse education program
- Sale of drugs or possession of drugs with intent to distribute: University Suspension (minimum one year), Housing Dismissal
- Drug use/possession
- False fire alarms/smoke detectors:
- Deliberate: University Suspension (minimum one semester), reset cost
- Negligence/accidental: Reset cost, community service program
- Objects out window (that may cause injury): One semester Housing Suspension, community service program
- Propping of residence hall doors:
- 1st Offense: $100 fine
- 2nd Offense: $200 fine, housing status review
- Tampering with residence hall window screens:
- 1st Offense: $200 fine
- 2nd Offense: $200 fine, housing relocation
- Candles or burning incense: Disciplinary Probation, $100 fine, and confiscation
- Failure to evacuate for a fire alarm: Housing Probation, $100 fine, and community restitution
Any first-year student who has been placed on University Probation, has been suspended from housing or the University, or has been found responsible for three or more disciplinary infractions during the year will not be eligible for the housing selection process for their sophomore year and will be administratively placed by Residential Life.
How to File an Appeal
A student has the right to appeal a decision of the Student Judicial Board or the Administrative Hearing Board if he or she can demonstrate a lack of "fairness" in the procedure or if significant new evidence that was previously unknown has been discovered that alters the facts and could alter the outcome. The severity of a sanction is not legitimate grounds for an appeal.
If the accused student can demonstrate that he or she has been denied a proper hearing of the case or if the student can introduce evidence not previously available that would be likely to change the result of the prior hearings, an appeal can be made to the Dean for Student Development and the Vice President for Student Affairs. The appeal must be filed in writing by the student (not the student's advisor) with the Dean and the Vice President within five business days after notification of the sanctions. The Dean and the Vice President (or their delegated representatives), will review the case and determine if the new evidence or lack of a fair hearing requires consideration. The severity of a sanction is not legitimate grounds for an appeal.
A denial of a proper hearing would be a violation of the fairness rights listed in the Statement of Rights and Responsibilities. New evidence is evidence which was unknown to the accused at the time of the original hearing and which could have a significant impact on the outcome of the case. It is the responsibility of the accused to make every effort to gather sufficient evidence and witnesses for the original hearing. Failure to do so will be an important factor in determining the appropriateness of a subsequent appeal based on new evidence.
An appeal must contain the following information:
- The name, address, and telephone number of the accused student.
- A clear statement explaining the nature and circumstances of the appeal, citing the new evidence and/or the explanation with specifics of the alleged lack of fairness in the prior hearing.
- The names, addresses, telephone numbers, and written statements of new witnesses. Written statements should include the general nature of their testimony and their assent to appear at a board hearing.
- The name of an advisor, if any.
At the discretion of the Dean for Student Development, sanctions may be deferred while a request for an appeal is being considered. If the Dean and the Vice President decide that the appeal has merit (i.e., a case in which there is evidence of improper procedures or where new evidence likely would change the previous result), they will refer the appeal to the Appeals Board to be reheard in its entirety or refer it back to the original hearing board for further adjudication.
MEMBERSHIP
The Appeals Board is comprised of the Dean for Student Development or designee, the Director of Residential Life or designee, and an administrator appointed by the Vice President for Student Affairs. A simple majority vote is required to make a decision.
AUTHORITY
Decisions that can be reached by the Appeals Board are "responsible" or "not responsible." If the decision is "responsible," the board may recommend sanctions up to and including suspension or dismissal from the University.
The decision of the Appeals Board is final.
An Administrative Referral to University Counseling Services may be made when, in the opinion of the Dean for Student Development or designee, a student has demonstrated indications of emotional distress and/or substance abuse that could affect his or her functioning as a member of the Boston College community. The referral requires that the student meet with a member of Counseling Services to undergo a general psychological and/or substance abuse evaluation, the general conclusions of which will be shared with the Dean as needed within the bounds of confidentiality.
In instances where it is determined that a student poses a potential threat to another person, a Stay Away Order may be imposed. The order, specific to a person and/or location, would prohibit the subject of the order from having any further direct or indirect contact, including email, mail, telephone, etc., with the offended individual. In addition, it prohibits contact by third parties on his or her behalf.
A Stay Away Order may be imposed summarily (e.g., prior to a hearing) or as a result of a hearing. Violation of a Stay Away Order could result in either housing or University Suspension.
When an individual is considered an imminent threat to persons or property, the Dean for Student Development, the Director of Residential Life, or their designated representatives may invoke an immediate suspension from housing and/or the University, to be followed within a reasonable period of time, under the particular circumstances, by a judicial hearing to resolve the incident.
In the case of summary suspensions imposed as a result of criminal charges, the suspension may remain in effect until the matter is resolved both off and on campus. Examples of behavior that may lead to immediate suspension are, without limitation, physical violence, sexual assault, disruption of the educational mission or civil living environment of the University, larceny, severe damage to property, and possession and distribution of controlled substances.
The University reserves the right to delay the awarding of any degree in instances where a complaint remains pending against a student.
CHALLENGING
If the aggrieved party or the accused student has particular evidence as to why a specific person should not be a part of the panel hearing the case, either party must present the information to the chairperson of the board at the hearing. If the chairperson deems that there is substantive evidence, another board member will be substituted. The decision of the chairperson is final.
DISQUALIFICATION
Board members must disqualify themselves from hearing a case if they judge there is a conflict of interest. They should notify a chairperson of their decision as early as possible.
REPLACEMENT/DISMISSAL
The Office of the Dean for Student Development may fill any openings on the Student Judicial Board that occur during the academic year. If a simple majority of the chairpersons of the Student Judicial Board, in consultation with the Dean for Student Development or designee, feel that a member should be dismissed from the board for failure to support the regulations, non-completion of duties, breach of confidentiality, or being judged responsible of violating the University Code of Student Conduct, they may do so. The opening will be filled by a replacement. Chairpersons may be dismissed only by the Dean for Student Development. A replacement for a chairperson will be selected by the Student Judicial Board members from their numbers in an election.
DUTIES OF CHAIRPERSONS
Chairpersons of boards convene them as necessary, make assignments as necessary, determine the order of hearing cases (including witnesses, duration of testimony, etc.), determine appropriateness of questions and/or testimony, and serve as the principal liaison between the board and the Office of the Dean for Student Development. The chairperson has final procedural authority during the conduct of a hearing.
Proposals for amending the Student Judicial Procedure should be submitted in writing to the Dean for Student Development.
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