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ARCHIVED 2013-14 SA&S Crete Campus Catalog [ARCHIVED CATALOG]

Article VI. Judicial Systems

 

Disciplinary Proceedings

Student Leadership views discipline as an opportunity for learning. Students are given the opportunity to succeed, but also to make mistakes. They are given the freedom to choose their behavior. With that right also comes the responsibility to accept the consequences of their choices. When a student is in violation of college policy, discipline is a natural consequence. Every attempt is made in the imposition of discipline sanctions to provide the procedural fairness to an accused student and to protect him/her from unfair impositions of penalties. The college standard of proof is preponderance of the evidence or “more likely than not”.

Doane College, as a private college, 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 College 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 College and the students as to how student discipline 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 College rests with the President. The Vice President for Student Leadership is designated by the President to administer the student judicial system. The responsibilities of the Chief Judicial Officer include training of hearing officers, judicial boards, and administrative review professionals, communication with students and parents, and oversight and review of all cases.

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

Section 6.01 Disciplinary Actions

College 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 to all persons involved is paramount. The standard of proof in disciplinary matters is “preponderance of the evidence”, or more likely than not a violation of policy or conduct code has occurred. Courtesy and civil treatment is expected on the part of all concerned. 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 College to proceed against and sanction a person for the same specified conduct. The College 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 College. Policy violations will result in informal disciplinary hearings when determined by the College.

  1. Reports of Misconduct
    Any member of the College community alleging behavioral misconduct on the part of a student should file a report with the Student Leadership Office. This should be accomplished on a timely basis, normally within 48 hours of the offense, or the Senior Director of Housing should be consulted. All referrals must include the name of the accused student(s), specific details of the violation, and must be signed by the person making the referral (unless sent via e-­mail). Unless the circumstances of the alleged misconduct and the best interests of the involved students and the College dictate otherwise, the College will follow the procedures in Section C of this policy as set forth below.
  2. Investigation/Review of Report
    The college will investigate/review reported violations of the student conduct code and determine whether there is sufficient information to charge a student with an alleged conduct code violation. The individual submitting the incident report is the individual bringing the charge against the student allegedly violating the policy. If a decision is made to charge a student with an alleged violation, the College will select one of the following hearing body/procedures deemed most appropriate:

    1. Assign the case to a member of the residence life or safety staff for disposition.

    2. Provide the accused student the opportunity to dispose of the charges informally or agree on sanctions by mutual consent without the initiation of a formal hearing.

    3. Initiate a formal hearing and make a decision concerning the case.

    4. Refer the case to the Peer Judicial Board.

    5. In cases of academic dishonesty, please refer to the Academic Integrity Policy.

  3. Procedural Standards in Disciplinary 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 Peer Judicial Board, the student has 24 hours to contact the Student Leadership Office to confirm the hearing.

    1. The accused student must respond within 24 hours after notification of any campus conduct code violation. Failure to respond to notification will be considered a failure to comply.

    2. Student(s) will meet with/contact a single hearing officer or the Peer Judicial Board. In some cases students may be requested to submit a written explanation of the report and their alleged involvement to the hearing officer. Designated hearing officers include the Vice President for Student Leadership, Associate Dean of Student Leadership, Senior Housing Director and Resident Directors. The Associate Dean of Student Leadership or his designee reviews reports pertaining to incident and assigns an appropriate hearing officer. The Peer Judicial Board will also hear cases referred by the Associate Dean of Student Leadership or his designee (see the following section on the Peer Judicial Board).

    3. During the investigation, students are required to answer honestly all questions asked. This is not a criminal proceeding. Students may not withhold information during an investigation or withhold names of other individuals involved. Failure to answer all questions honestly and accurately during a college investigation is a conduct code violation.

    4. The Associate Dean of Student Leadership/Chief Judicial Officer has final disposition in all disciplinary matters subject only to the appeals process.

  4. Informal Hearing
    Not all investigations require a formal hearing. The Chief Judicial Officer will assign informal hearing officers when necessary. Informal hearings are utilized to expedite the disciplinary process when there is admission of wrong doing on the part of the accused student or ample evidence to support the accusations. Following the investigation the student will meet with the informal hearing officer to review the charges. The student will be given the opportunity to give a statement related to the reported incident. The informal hearing officer will then determine a disposition for the case (dismissal or sanctions). The student may elect to accept the case outcome and sanctions (if imposed) or may appeal the decision following the college appeals process.

  5. Formal Hearing
    A formal hearing may take place during one session or during multiple meetings according to student/staff schedules. The schedule is at the formal hearing officer’s decision. The investigation report and initial report/complaint will be reviewed by the hearing officer to determine the best course of action to complete the hearing process. The following are the steps:

    1. The formal hearing includes the accused student and the hearing officer. The hearing may be video-­taped or a witness will be present to assure that fair procedures were followed. The formal hearing may also include witnesses for both the accused and those rendering the charge(s) against the alleged violator. Students or staff involved in the investigation may not serve as either an adviser or witness for the accused student.

    2. At the formal hearing, the student will be given the opportunity to testify and present evidence and witnesses. The accused student is not required to testify, but any information given during the investigation may be used as evidence. If the student does not testify, the hearing officer will review all charges and evidence and make a determination regarding the alleged violation and sanction(s).

    3. During any hearing, and at any time in the collection of evidence, it may be possible that additional charges are to be levied against additional individuals. This may, in certain circumstances, refer to the accuser. If such actions are determined to be warranted by the hearing officer, the student involved will be alerted of such accusations. In such an event, a fair hearing will be provided.

    4. Final sanctions may be postponed to hold a separate additional hearing if necessary.

    5. The accused student will be advised of all statements and evidence against him/her during the hearing, and the name(s) of those who made them, and will be given the opportunity to respond. When students come forward as witnesses or victims, the hearing officer warns the alleged violator against any form of retaliation or harassment and the disciplinary consequences if it occurs.

    6. The decision and sanction will be based on information introduced into evidence at the hearing.

    7. The accused student and the individual rendering the charges, have the right to have one adviser of their choice from the College community (faculty, staff, or student body) present at the formal hearing. The adviser is available to support the student involved, but it is only allowed to testify if he/she has relevant information to the case at hand. Legal counsel, parents, and/or advisers who are not a part of the College community are not allowed to attend.

    8. Following the formal hearing, the procedural witness will verify in writing, submitted to the hearing officer, that the hearing was conducted in a fair and procedurally correct manner.

    9. The decisions of the hearing officer and the sanctions imposed are final, subject only to the College’s appeal process.

Section 6.02 Disciplinary Sanctions

  1. In determining sanctions, the College reserves the right to review student’s disciplinary 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:
    1. Warnings: Verbal or written notice to a student that continuation of unacceptable behavior may result in more severe disciplinary action. Record of the warning will be filed in the Student Leadership Office.
    2. Work Assignments: Task assignment to the student by hearing officer of PJB preferably related to the type of violation.
    3. Restitution: Reimbursement for damage to or misappropriation of property. This may take the form of appropriate service or monetary payment equal to replacement or repair costs including labor.
    4. Fines: An individual or organization may be fined for violations of a college regulation. Failure to pay the fee or complete community service by the listed date will result in the fee being doubled and added to the student account. Failure to comply with any Doane College policy may result in a minimum $50 fee.
    5. Restriction: Exclusion from participation in specified activities and/or use of specified facilities for a prescribed period of time and/or loss of financial assistance.
    6. Disciplinary Probation: The length of probation may range from two months to a student’s entire academic program. Terms of probation may restrict/cancel financial assistance and/or restrict student participation in co-curricular activities such as varsity athletic competition, theatrical, musical, forensic activities, and/or holding of elected office positions in student government or student organizations. Violation of the terms of probation, or if a student is found to be in violation of any college regulation during the period of probation, raises the possibility of suspension and expulsion. Record of disciplinary probation will be kept in the student’s confidential file in the Student Leadership Office.
    7. Disciplinary Suspension: Exclusion from classes and departure of the student from the College for a specified period of time. Students on suspension are not permitted on College property or allowed to participate in any college-sponsored activity. Refunds of College payments and course grades are treated as if the student withdrew from College. A record of suspension is placed in the student’s file in the Student Leadership Office.
    8. Disciplinary Expulsion: Termination of student status. Record of expulsion shall be kept permanently in the Student Leadership Office and recorded on the student’s academic transcript.
    9. Disciplinary Counseling: If follow-up is deemed appropriate, a student may meet regularly with the College staff. Similar sanctions may be imposed on student organizations which engage in illegal activities, on- or off-campus, or violate College regulations.
    10. Other creative sanctions such as assistance with program planning, coordinating topical presentation research on a particular issue, attendance at college-sponsored educational programs and writing statement papers may be used.
  2. Appeals Process
    Students are allowed one appeal with a final appeal to the College President if special circumstances warrant a student seeking clemency.
    1. A student has up to 24 hours after the appellate board acts to make a final appeal to the College President.
    2. Appeals from decisions made by administrative hearing officers and the Peer Judicial Board must be made in writing within 48 hours of the original decision. Students are responsible for organizing, writing, and submitting all appeal paperwork to the Student Leadership Office. Students will be referred to the Senior Director of Housing, Hansen Leadership Director or assigned staff member for assistance in preparing their appeal. The appeal should be typed and include the basis for appeal, in detail, and the student’s signature.
  3. Appeals must be based on the following:
    1. Failure to follow procedural standards in the hearing.
    2. The emergence of new evidence that was not presented in the original hearing.
    3. Substantial reason to believe the sanction is too severe for the violation.
      1. 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 Residence Life Staff go to the Chief Judicial Officer. Appeals from cases heard by the Chief Judicial Officer go to the Vice President for Student leadership as do appeals from cases heard by the Peer Judicial Board. Appeals from cases heard by the Vice President for Student Leadership go to the Leadership Committee as do cases from the Chief Judicial Officer involving suspensions.
  4. Leadership Committee as an Appeal Committee:
    1. Composition of the Committee: The voting membership of the Leadership Committee will consist of an equal number of student and faculty/staff members to be determined by lot from the committee members present. In any voting situation, there will be a minimum of three students and three faculty/staff casting votes. The committee chair will not vote except in the event of a tie. The Vice President for Student Leadership, who is a member of the committee, will not vote.
    2. Officers of the Committee: the chairperson of the Leadership Committee shall preside at appeal hearings conducted by the committee, and the chairperson for each hearing shall appoint a recorder. After the appellate hearing, minutes of the hearing are kept by the Safety and Security. The recorder will be distributed to the chairperson of the Leadership Committee and the Associate Dean of Student Leadership.
  5. Conduct of Committee Members:
    1. Members of the committee will disqualify themselves in a particular case if they are unable to remain impartial or have been involved in the case to be heard. The chairperson may disqualify a committee member if they believe a committee member is unable to render a fair decision.
    2. Members may not disclose information discussed, opinions, or votes of any member, or the degree of harmony of any appeal proceeding.
    3. Members are not to discuss a pending case with anyone other than the chairperson.
    4. Members are responsible for attending committee hearings and making objective judgments based on facts presented at the hearing.
    5. Members are responsible for attending committee hearings and making objective judgments based on case materials presented prior to and at the hearing.
  6. Procedures:
    1. The committee will review the investigation or formal hearing report focused on the sanctions and the facts that support them.
    2. The committee may elect to have the accused student and/or advocate for the accused student from the College community (faculty, staff, or student body), present during the hearing but will not rehear the case. The advocate may speak on behalf of the student.
    3. The committee’s recommendations include the following:
      1. Uphold the decision and/or sanction.
      2. Reverse a decision because of failure to follow procedural standards.
      3. Mitigate a sanction due to substantial reason to believe the sanction is too severe and present alternative possible sanction(s).
      4. Return the case to the original hearing officer for a rehearing due to failure to follow procedural standards or because new evidence is available.
    4. If the appeal is denied, the original decision shall be upheld and the chairperson will notify the student and the Chief Judicial Officer, verbally and in writing. If the appeal is supported, the chairperson of the leadership committee shall notify the original hearing officer and the student of the committee’s recommendations verbally and in writing. If the Leadership Committee reverses the decision or mitigates the sanction assessed by the Chief Judicial Officer, the Chief Judicial Officer has a final appeal to the President
    5. The President, as chief administrative officer of the College, alone or in consultation with officers of the College, has the authority to levy disciplinary sanction (such as summary suspension or expulsion) against one or more student(s) whose behavior is considered threatening, dangerous, or extreme.

Section 6.03 Peer Judicial Board

The Peer Judicial Board (PJB) will consider cases of policy violation referred by the Chief Judicial Officer.

  1. Students will be selected to serve on the board through an application process. Student Congress must approve each candidate. Another member of the Student Leadership staff will serve as an adviser to PJB in a non-voting role. To serve on the PJB, students must have a 2.5 cumulative GPA and be in good standing with the College and have no significant incident reports in their file during service or for one year prior to serving on the board. The PJB hears cases that are referred by the Chief Judicial Officer.
  2. Conduct of PJB Members
    1. Members of the board will disqualify themselves in a particular case if they are unable to remain impartial or have been involved in the case to be heard. The PJB captain and/or PJB adviser may disqualify a committee member if he/she believes a board member is unable to render a fair decision.
    2. PJB 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.
    3. Members are not to discuss a pending case with anyone other than the PJB members or the PJB adviser. They must remain fair and impartial to all parties involved.
    4. Members are responsible for attending the hearings and meetings as scheduled by the PJB adviser. There must be here PJB members present to hear a case and determine sanctions. If less than three members are present the student/s involved in the case will be notified and given the opportunity to have the case heard by less than three members, or request an individual hearing with the PJB adviser. If a conflict arises, the PJB adviser must be notified ahead of time.
    5. PJB materials are not to be taken to the residence halls. The adviser keeps the docket notes, sanctions, and other items. These materials are available for review by PJB members or the PJB adviser in the Student Leadership Office.
    6. Members are expected to read the Student Handbook, specifically sections regarding the Student Code of Conduct, Substance Abuse Policy and the Gathering Policy.
    7. Members are expected to act professionally in the hearings. The goal is to get at the truth and sanction the action according to college guidelines.
    8. PJB members’ status on the board will be determined at the discretion of the PJB adviser, captain and final authority with the Associate Dean of Student Leadership should they be accused and found guilty of violating a college policy.
  3. PJB Reporting and Hearing Procedures
    1. Violations will be reported to the PJB adviser following review and assignment by the Chief Judicial Affairs officer.
    2. The PJB adviser will give written notification to the accused student including the time/date of the incident, the alleged violation(s), and the date of the PJB hearing. It will also include a deadline for the accused student to contact the PJB adviser to enter the plea. This allows the student the opportunity to ask questions about the scheduled hearing and the PJB process. Failure to enter a plea will result in an additional sanction ($50 minimum fee) and a hearing being held without testimony from the alleged student(s).
    3. The accused student(s) have the right to request one postponement of the initial hearing if the request is in writing and not less than 24 hours of the scheduling of the hearing and sufficient reason is given. Sufficient reason 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 PJB adviser. A request for postponement of a PJB case may result in reassignment to another review body. This may include a request from the student to submit a written statement which will be considered in a review of a case. This is typically done when the student requests a postponement after the PJB has stopped meeting for the semester or prior to breaks/holidays. A second request for postponement will result in the Senior Director of Housing reassigning the case another review body.
    4. Failure to appear before the PJB results in a hearing being held without testimony from the student. An additional sanction ($50 minimum fee) will be added for failure to comply.
    5. Only the accused student(s) will be allowed in the hearing, any student(s) serving as a witness will be called upon at the appropriate time by the PJB chair if required to attend.
    6. During the hearing, the alleged violation(s) will be clearly stated and all evidence and testimony will be presented. The accused students will have the opportunity to present his/her side and any witnesses.
    7. Immediately following all testimony, the PJB captain will instruct all present to leave the room except for the PJB members and the adviser. The PJB will review the charges, evidence, and the testimony. They will come to a decision and determine sanction(s). The accused student will return to the room to hear the PJB’s decision.
    8. On some occasions, it may be necessary for the board to recall the accused or witnesses to ensure facts concerning the case are clear. The accused has the right to be present at all times that testimony is elicited from witnesses.
    9. Within 48 hours of notification of the PJB’s decision, the student has the right to present an appeal in writing. The Vice President for Student Leadership or Associate Dean of Students Leadership will review appeals. The appeals process is noted in the section for Disciplinary Proceedings.
  4. PJB Sanctions
    In the majority of cases the Peer Judicial Board will use the following guidelines for sanctions resulting from responsible verdicts from cases heard. This list is not all inclusive and the College does reserve the right to administer these proceeding and sanctions differently if the situation dictates it would be in the best interests of the institution to do otherwise. The student’s offense level may also include supplementing cases heard by RD’s, the Senior Director of Housing, Academic Integrity Board or other administrators into consideration.
    1. 1st Offense: PJB may select from one or all of the below listed sanctions based on the situation and severity of the incident.
      1. Community Service 5-10 hours
      2. Letter of Apology
      3. Restitution (for issues related to damage of property)
      4. Educational programming
      5. Mandatory online educational courses (Required for all MIP, Procurement, DUI, alcohol poisonings or other violations of law related to alcohol or drugs) Students required to complete this course will have 21 days from receipt of their sanction letter to turn in their completion certification. A $100 failure to comply fee will be automatically applied to the students account if this is not completed. The student is responsible for costs associated with this course.
    2. 2nd Offense: PJB may select from one or all of the below listed sanctions based on the situation and severity of the incident. Note: All 2nd offense violations of minor in possession, procurement, DUI or inappropriate behavior (involving alcohol) are required to have a drug and alcohol assessment by a licensed D&A counselor.
      1. Community Service 20-50 hours
      2. Letter of Apology
      3. Restitution (for issues related to damage of property
      4. Educational programming
      5. Mandatory drug and alcohol assessment (Required for all MIP, Procurement, DUI, alcohol poisonings or other violations of law related to alcohol or drugs) the student is responsible for all associated costs.
    3. 3rd Offense: Students that are found responsible for 3rd offense conduct code violations seen by PJB will be handled in the following manner:
      1. Drug and alcohol assessment (if not assigned during a 2nd offense)
      2. $100 fine minimum
      3. Loss of privilege for attending PJB
      4. Recommendation letter from PJB requesting a review by the Chief Judicial Officer for sanctions including but not limited to probation, temporary suspension, and drug and alcohol evaluation.
    4. Subsequent Offenses: All cases involving subsequent violations will be handled at the discretion of the Chief Judicial Officer.