Article VI. Judicial Systems

Judicial Proceedings

The Division of Student Affairs views the judicial process as an opportunity for learning. When a student is in violation of University policy, sanctioning is a natural consequence. Our goal is to encourage students to understand their responsibility for upholding and strengthening community standards.

Every attempt is made in the imposition of sanctions to provide the procedural fairness to an accused student and to protect them from unfair impositions of penalties. The University standard of proof is a preponderance of the evidence or “more likely than not” that a violation of policy of the Student Conduct Code has occurred. 

Doane University, as a private University, is not required to provide due process in its response to student discipline matters. The policies and procedures below will be followed in a majority of student discipline cases, but the University specifically reserves the right to deviate from said policies and procedures whenever the administration determines that such a deviation is in the best interest of the student or students involved, in the best interests of the effective learning and educational environment to which all Doane students are entitled, or will best protect the safety and well being of the Doane student population. Nothing in these policies or procedures is intended to nor shall it create a contractual agreement between the University and students as to how student judicial cases will be handled; rather, Doane retains discretion to protect the best interests of the institution and students in all cases.

Authority for the administration of regulations at the University rests with the President. The Vice President for Student Affairs, Senior Judicial Officer or designee is the President’s primary designee for administering the student judicial system. The responsibilities of the Senior Judicial Officer include training of hearing officers, hearing boards, and administrative review professionals, communication with students and parents/family members, and oversight and review of all cases. The Vice President for Student Affairs is responsible for overseeing the Senior Judicial Officer and will serve as an appellate body when needed.

All complaints for sexual assault or rape will be processed, investigated, and resolved according to the Doane policy on sexual assault and rape (see Section 8) set forth in this handbook.

Section 6.01 Judicial Actions

This policy applies to student judicial matters unless the matter falls within another Doane policy, such as the Title IX, Sexual Assault and Rape Policy, Section 8. and/or Anti-Harassment and/or Non-Discrimination Policies, Section 8.

University judicial proceedings are not legal trials. There is the need to make every effort to sort out facts, establish a positive attitude and educational tone, and make certain that fairness is demonstrated to all persons involved is paramount. Courtesy and civil treatment is expected on the part of all concerned. Learning, growth, and improvement of the campus climate and advancing the comfort and mutual understanding of all concerned are desired outcomes of the process.

It is not double jeopardy for both civil authorities and the University to proceed against and sanction a person for the same specified conduct. The University will initiate its own disciplinary proceedings against a member of the academic community when the alleged conduct is deemed to affect the interest of the University.

Definitions

The following selected terms are defined in an effort to promote transparency and facilitate a more thorough understanding of the Student Conduct Code. This list is not intended to be a complete list of all the terms that might require interpretation or clarification. The Vice President for Student Affairs, Senior Judicial Officer or designee shall make the final determination on the definition of any term found in the Student Conduct Code.

“Accused student” means any student accused of violating the Student Conduct Code.

“Hearing Officer” or “student conduct officer” means a University staff member who is authorized to determine the appropriate resolution of an alleged violation, and/or to impose sanctions or affect other remedies as appropriate. Subject to the provision in this code, a hearing officer as well as a student conduct officer is vested with the authority to, among other duties: investigate a complaint of an alleged violation of the Student Conduct Code; decline to pursue a complaint; refer identified disputants to mediation or other appropriate resources; approve an administrative agreement developed with an accused student; conduct a hearing; impose sanctions; approve sanctions recommended by another hearing body, and; chair and/or advise a hearing and conduct an appellate review. 

“Appellate body” means any person or persons authorized by the Vice President for Student Affairs or designee to conduct a review of a decision reached by a hearing body.

“Business day” means any day, Monday through Friday, in which the University is open. 

“Complainant” means any person who submits an allegation that a student violated the Student Conduct Code. When a student believes that they have been a victim of another student’s misconduct, the student who believes they have been a victim will have the same rights under the Student Conduct Code as are provided to the complainant, even if another member of the University community submitted the charge itself.

“Consent” is a clear, informed and voluntary agreement to engage in sexual activity. Consent requires an outward demonstration, through understandable words or behavior, that conveys a clear willingness to engage in sexual activity. Consent to one type of sexual activity does not equal consent to other types of sexual activity. Consent can be withdrawn at any point during sexual activity and the sexual activity must stop immediately. A verbal “no” establishes lack of consent. Silence, without clear actions demonstrating permission, cannot be assumed to indicate consent – the absence of “no” does not equal “yes.” Consent cannot be obtained by coercion, threat or force. Consent cannot be given by someone if they are mentally or physically incapacitated. Engaging in sexual activity with a person whom you know – or reasonably should know – to be incapacitated constitutes sexual misconduct. A person also is incapable of giving valid consent to sexual activity if they are under the legal age of consent (age 16 in Nebraska). Although consent does not need to be verbal, verbal communication is the most reliable form of asking for and gauging consent. Talking with sexual partners about desires and limits may seem awkward, but serves as the basis for positive sexual experiences shaped by mutual willingness and respect. Presumptions based upon contextual factors (such as clothing, alcohol consumption, or dancing) are unwarranted and do not constitute evidence of consent. 

“Designee” refers to a staff or faculty member who has responsibility for implementing the student conduct process or administering the student conduct system, in part or in whole. 

“Hearing Board Chair” means a hearing officer who observes a hearing board/meeting and during the hearing board’s private deliberations for the purpose of providing information and interpretations relative to the University student conduct system and the Student Conduct Code. 

“Hearing Officer/Hearing Board” means one or more members of the University community authorized by the Senior Judicial Officer or designee to determine whether a student has violated the Student Conduct Code and to impose sanctions as warranted. 

“Instructor” means any faculty member, teaching assistant or any other person authorized by the University to provide educational services (e.g., teaching, research, or academic advising).

“May” is used in the permissive sense. 

“Member of the University community” includes any person who is a student, instructor, or University staff member; any other person working for the University, either directly or indirectly (e.g., private enterprise on campus); or any person who resides on University premises. A person’s status in a particular situation shall be determined by the Senior Judicial Officer. 

“Policy” is defined as the written regulations, standards, and student conduct expectations adopted by the University and found in, but not limited to, the Student Conduct Code; the Terms and Conditions of the Occupancy and Board Contract; the Policy on Alcohol and Other Drugs, the Policy on Harassment; graduate and undergraduate catalogs; and other publicized University notices. 

“Senior Judicial Officer” refers to that person in Student Affairs, designated by the Vice President for Student Affairs to be responsible for the overall coordination of the University student conduct system, including the development of policies, procedures, and the education and training programs. This individual may serve as a hearing officer, student conduct officer and/or an appellate body. 

“Shall” and “Will” are used in the imperative sense. 

“Student” means any person admitted, registered, enrolled, or attending any University course or University conducted program; any person admitted to the University who is on University premises or University-related premises for any purpose pertaining to their registration or enrollment. 

“Student conduct file” means the printed/written/electronic file which may include but is not limited to the incident report(s), correspondence, academic transcript, witness statements, and student conduct history.

“Student organization” means an association or group of persons that has complied with the formal requirements for University recognition. 

“Support person” means any person who accompanies an accused student, a complainant, or a victim to a hearing for the limited purpose of providing support and guidance.  A support person may not directly address the hearing body, question witnesses, or otherwise actively participate in the hearing process. 

“University” means Doane University.

“University official” includes any person employed by the University to perform administrative, instructional, or professional duties. 

“University premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University, either solely or in conjunction with another entity.

Reporting Violations and the Investigation Process

1. Reports of Misconduct
   Any member of the University community alleging behavioral misconduct on the part of a student should file a report with their respective Community Director in Residential Life and Education or the Senior Judicial Officer on a timely basis, normally within two business days of the alleged violation. The Senior Judicial Officer should be consulted if a report needs to be filed beyond that timeframe.  All reports must include the name of the accused student(s), specific details of the alleged violation, and should include the name of the person filing the report. 
2. Investigation/Review of Report
   The University will investigate/review reported violations of the student conduct code to determine if they have merit and/or if they can be disposed of administratively, by mutual consent of the parties involved, in a matter acceptable to the Senior Judicial Officer.  Such dispositions will be final and there will be no subsequent proceedings. If a decision is made to charge a student with an alleged violation, the University will select one of the following hearing bodies/procedures deemed most appropriate:

   1. If the violation does not rise to the level of a violation of the Student Conduct Code, the case will be resolved via an informal resolution process.  This involves an educational discussion, and a University official will discuss the concern with the students’ involvement in the alleged situation.  The goal of the conversation is to provide an opportunity for the student to learn about the impact of their behavior.  The student will also reflect on how to prevent similar situations from occurring in the future.

   2. Assign the case to a member of the Residential Life and Education staff for adjudication.

   3. Assign the case to the Senior Judicial Officer or his/her designated hearing officer for investigation and/or adjudication.

   4. Refer the case to the Hearing Board for adjudication.  This typically occurs when the alleged violation is serious enough that the sanction could result in the accused student being suspended or expelled from the University.

   5. In cases of academic dishonesty, please refer to the Academic Integrity Policy. (Section 1)

3. Procedural Standards in Judicial Proceedings
   The student(s) accused will be informed of the violation(s) or charge(s), name of the designated hearing officer (unless the notification specifies “no formal action taken at this time”). If the designated hearing officer is the Hearing Board, the student will receive a hearing notice with the date, time and location of the hearing.  All charges shall be presented to the accused student in written form, which includes a written copy or an email.  A time shall be set for the hearing, not less than five nor more than fifteen calendar days after the student has been notified.  Maximum time limits for scheduling of hearings may be extended at the discretion of the Senior Judicial Office.  

   1. The accused student must respond to indicate their receipt of the charges within a reasonable period of time, typically two business days.  Failure to respond to notification will result in a hearing being conducted without the accused students’ presence and input, and a potential sanction being imposed with the information available.  

Hearings will be conducted according to the following guidelines:

1. Hearings shall be conducted in private.
2. The complainant, accused student and their advisors, if any, shall be allowed to attend the entire portion of the hearing at which information is received (excluding deliberations).  Admission of any other person to the hearing shall be at the discretion of the hearing officer.
3. In hearings involving more than one accused student, the hearing officer, in their discretion, may permit the hearings concerning each student to be conducted either separately or jointly. 
4. The complainant and the accused student have the right to be assisted by an advisor they choose, at their own expense.  The complainant and/or the accused student is responsible for presenting their own information, and therefore, advisors are not permitted to speak or to participate directly in any hearing.  A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the hearing, as delays will not normally be allowed due to the scheduling conflicts of an advisor.
5. The complainant and the accused student have the right to request a redacted copy of Public Safety reports through Residential Life & Education or Doane Public Safety.
6. The complainant, the accused student and the hearing officer may arrange for witnesses to present pertinent information at the hearing. The University will try to arrange the attendance of possible witnesses who are members of the University community, if reasonably possible, and who are identified by the complainant and/or accused student at least two weekdays prior to the hearing. Witnesses will provide information to and answer questions from the Hearing Board/Hearing Officer(s). Questions may be suggested by the accused student and/or complainant to be answered by each other or by other witnesses. This will be conducted by the Hearing Chair/Hearing Officer with such questions directed to the Hearing Chair, rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid the creation of an adversarial environment. Questions of whether potential information will be received shall be resolved in the discretion of the Hearing Chair.
7. Pertinent records, exhibits, and written statements (including Student Impact Statements) may be accepted as information for consideration by the chairperson or the hearing officer.
8. All procedural questions are subject to the final decision of the Hearing Chair/hearing officer.
9. After the portion of the hearing concludes in which all pertinent information has been received, the hearing officer shall determine whether the accused student has violated each section of the Student Conduct Code which the student is charged with violating.
10. The hearing officer’s determination shall be made on the basis of whether it is more likely than not (the preponderance of the evidence standard) that the accused student violated the Student Conduct Code.
11. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Conduct Code proceedings.

The hearing may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the complainant, accused student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of Senior Judicial Officer to be appropriate

Order of the Hearing

The following is an outline of the process of a hearing. Any questions relative to the process should be directed to the Senior Judicial Officer.

• Reading of the complaint.
• Opening statement of the accused student.
• Presentation of the complainant’s case, including presentation of witnesses.
• Questions of the complainant by the judicial body or officer.
• Questions of the complainant when present by the accused presented through the Chair or officer.
• Presentation of the accused student’s case, including presentation of witnesses.
• Questions of the accused by the judicial body or officer.
• Questions of the accused by the complainant when present, presented through the Chair or officer.
• Closing statement by complainant.
• Closing statement by accused student.
• Adjournment.

Decisions will be communicated to both the complainant and accused students within five business days.  The decisions of the hearing officer and the sanctions imposed are final, subject only to the University’s appeal process.

Section 6.02 Judicial Sanctions

1. In determining sanctions, the University reserves the right to review student judicial and/or academic records. Similar and/or repetitive violations will be taken into consideration and may warrant a more serious sanction. The following sanctions may be imposed individually or collectively:  

Warning - A notice in writing to the student that the student is violating or has violated institutional regulations.

Probation - A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe sanctions if the student is found to violate any institutional regulation(s) during the probationary period.

Loss of Privileges - Denial of specified privileges for a designated period of time.

Fines - Previously established and published fines may be imposed.

Restitution - Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.

Restorative Justice and/or Educational Sanctions - Work assignments, online modules, reflections, essays, service to the University, or other related discretionary assignments.

Residence Hall Move - Mandatory move from your current residence hall room to another room

University Suspension - Separation of the student from the University for a definite period of time, after which the student is eligible to return. Suspended students are required to schedule a review meeting with the Office of the Vice President for Student Affairs to be considered for readmission to the University. Students suspended from the university shall receive no refund of tuition, room, board or other fees.

University Expulsion - Permanent separation of the student from the University. Students expelled from the university shall receive no refund of tuition, room, board or other fees.

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 University standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.

Withholding Degree - The University may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Conduct Code, including the completion of all sanctions imposed, if any.

*More than one of the sanctions listed above may be imposed for any single violation.

Student conduct sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s conduct record. Upon graduation, the student’s conduct record may be expunged of student conduct actions other than residence hall expulsion, University suspension, University expulsion, or revocation or withholding of a degree, upon application to the Vice President for Student Affairs or designee. Cases involving the imposition of sanctions other than residence hall expulsion, University suspension, University expulsion or revocation or withholding of a degree shall be expunged from the student’s confidential record five years after final disposition of the case.

In situations involving both a respondent(s) (or group or organization) and a complainant of another student’s conduct, the 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 complainant because the educational career and chances of success in the academic community of each may be impacted.

The following sanctions may be imposed upon groups or organizations:

• Those sanctions listed above: Warning, Probation, Loss of Privileges, Fines and Restitution.
• Loss of selected rights and privileges for a specified period of time.
• Deactivation. Loss of all privileges, including University recognition, for a specified period of time.

Interim Suspension

In certain circumstances, the Senior Judicial Officer or a designee may impose a University or residence hall suspension prior to the hearing. Students on interim suspension shall receive no refund of tuition, room, board or other fees.

Interim suspension may be imposed only: 1) to ensure the safety and well-being of members of the University community or preservation of University property; b) to ensure the student’s own physical or emotional safety and well-being; or c) if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the University.

During the interim suspension, a student shall be denied access to the residence halls 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 Senior Judicial Officer may determine to be appropriate.

The interim suspension does not replace the regular process, which shall proceed on the normal schedule, up to and through a hearing, if required.

Appeals

A decision reached by a Hearing Officer or a sanction imposed by the hearing board may be appealed by the accused student(s) to the Vice President for Student Affairs or designee within five (5) business days of the decision. Such appeals shall be in writing and shall be delivered to the Senior Judicial Officer or their designee.  Students are responsible for organizing, writing, and submitting all appeal information electronically to the appeal officer noted in the student’s outcome notification.  The appeal should be typed using standard font and spacing and include the basis for appeal, in detail. 

Except as required to explain the basis of new information, an appeal shall be limited to a review of hearing and supporting documents and based on one or more of the following reasons:

1. Failure to follow procedural standards in the hearing as outlined in the Student Handbook.
2. The emergence of new evidence that could change the original determination of responsibility and resulting sanction that was not presented in the original hearing.
3. Substantial reason to believe the sanction is too severe for the violation.

One of the above criteria must be met in order to have an appeal heard. Merely disagreeing with the assessed sanction is not grounds for appeal. An appeal is not a rehearing of the case, but a review of the process and procedure. Appeals from cases heard by Community Directors go to the Senior Judicial Officer or designee.  Appeals from cases heard by the Senior Judicial Officer or hearing board go to the Vice President for Student Affairs or designee.

The President, as Chief Administrative Officer of Doane University, alone or in consultation with officers of the University, has the authority to levy judicial sanctions (such a summary suspension or expulsion) against one or more student(s) whose behavior is considered threatening, dangerous, or extreme.

If an appeal is granted by the appellate body, the Vice President for Student Affairs or designee has the right to make the following decisions based on the appeal:

1) To accept and enforce the original sanction given to the accused student;

2) To make the original sanction more stringent;

3) To lower or lessen the original sanctions;

4) Order a new hearing for the accused.

The Vice President for Student Affairs or designee shall notify the student in writing of his or her final decision within five business days unless special circumstances make that impossible.

Accused student(s) are permitted one final appeal to the University President or designee if the sanction includes long term (one semester or more) suspension or expulsion from the University. This appeal should be submitted in writing electronically within five business days of being notified of the outcome of their initial appeal.

Section 6.03 Hearing Board

The Hearing Board will consider cases of policy violation referred by the Senior Judicial Officer.  The Hearing Board will be comprised of Doane University faculty, staff and students who are informed of all aspects of the Student Conduct Code and have been trained in the campus judicial process.  All members must be in good standing with the institution, meaning there have been no significant reports of misconduct while serving or for one year prior to service.  In addition to the Senior Judicial Officer or hearing board chair, there must be a minimum of one faculty member, one staff member and one currently enrolled student present in order for a hearing to be conducted.

Members of the hearing board will recuse themselves in a particular case if they are unable to remain impartial or have been involved in the case to be heard.  Hearing board members must follow a strict policy of confidentiality.  Members are not to disclose information discussed, opinions, or votes of any member, or the degree of agreement reached in a decision.  Members are not to discuss a pending case with anyone other than the hearing board members or the Senior Judicial Officer.  They must remain fair and impartial to all parties involved.

The accused student(s) have the right to request one postponement of the initial hearing if the reqeust is in writing and not less than 24 hours of the scheduled hearing and sufficient reason is given.  Sufficient resaon includes illness, being away from campus on a school-sponsored trip, or a family emergency.  The written request for postponement must be submitted to the Senior Judicial Officer.