DISCIPLINE SYSTEM

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Article IV:  Discipline Policies

1. Charges and Hearings

1. Any member of the university community may report an alleged policy violation the Student Code. Charges shall be prepared in writing and directed to a Student Conduct Administrator. Any charges should be submitted as soon as possible after the event takes place, preferably within ten (10) days. In cases of serious misconduct, the university reserves the right to act on charges no matter when they are filed.

2. A Student Conduct Administrator may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to a Student Conduct Administrator.  Such disposition shall be final and there shall be no subsequent proceedings.  If the charges are not admitted and/or cannot be disposed of by mutual consent, a Student Conduct Administrator may later serve in the same matter as a Hearing Board or a member thereof.  If the student admits violating institutional rules, but sanctions are not agreed to, subsequent process, including a hearing if necessary, shall be limited to determining the appropriate sanction(s).

3. All charges shall be presented to the Accused Student in written form. A time shall be set for a Hearing, normally not less than two nor more than fifteen calendar days after the student has been notified. Maximum time limits for scheduling of Board Hearings may be extended at the discretion of a Student Conduct Administrator.

4. The Dean of Students or his/her designee will assign cases to one of the discipline bodies outlined below.  A hearing shall be conducted by a discipline body which could include persons assigned as Student Conduct Administrators (i.e. Area Coordinators, Residence Life Administrators, the Associate Dean of Students, other Student Affairs Administrators, and the Dean of Students). Typically, residence hall students who are charged with allegedly violating the alcohol policy in incidents that involve three or more students will be referred to the Student Union Hearing Board.  (Other policy violations can also be referred to this hearing board.)  This hearing board can include up to nine students who are selected on an annual basis. In order for a hearing to take place, at least five of the nine student members need to be present at the hearing unless otherwise waived by the complainant and the accused.

Policy violations including physical assaults, drugs, fire safety, and off campus behavior issues will typically be assigned to a Student Conduct Administrator. The University Hearing Board, which is comprised of faculty, administrators, and students, also serves as a hearing board. This hearing board will normally include five individuals with representation from the faculty, administration, and students. Normally, the University Hearing Board is involved in hearing cases that could include sexual  assault, hate incidents, hazing and other serious accusations that, if a  student were to be found responsible for violating the policy, may result in suspension or expulsion from the university. The Dean of Students or his/her designee has the authority to assign cases to appropriate hearing bodies. During break periods the Dean of Students or his/her designee may alter the process to provide for a timely resolution to an alleged violation.

5. Hearings with Student Conduct Administrators and the University Hearing  Board shall follow the following guidelines except as provided by article IV (A) 7 below: 

   1. Hearings shall be conducted in private.

   2. The Complainant/Victim, 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 Student Conduct Administrator.  The Student Conduct Administrator will present the alleged policy violations and will chair the hearing.

   3. In Hearings involving more than one Accused Student, a Student Conduct Administrator, at his/her discretion may permit the hearing concerning each student to be conducted either separately or jointly.

   4. The Complainant/Victim and the Accused Student have the right to be assisted by an advisor they choose. The advisor must be a member of the university community and may not be an attorney or a parent/guardian. (In cases that involve an alleged Sex Offense, the Complainant may bring an advisor that is not from the John Carroll    University community but that person may not be an attorney or parent/guardian.) The Complainant and the Accused Student are responsible for presenting his/her own information, and therefore, advisors are not permitted to speak or to participate directly in any Hearing. A student should elect an advisor whose schedule allows attendance at the scheduled date and time for the Hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor.

   5. The Complainant/Victim and the Accused Student may arrange for witnesses to present pertinent information to the Board. Witnesses will provide information to and answer questions from the Student Conduct Administrator. Questions may be suggested by the accused Student and/or Complainant/Victim to be answered by each other or by other witnesses. Questions will be directed to the Student Conduct Administrator rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved at the discretion of the Student Conduct Administrator.

   6. Pertinent records, exhibits, and written statements (including Student Impact Statements) may be accepted as information for consideration by a discipline body at the discretion of the Student Conduct Administrator.

   7. All procedural questions are subject to the final decision of the Student Conduct Administrator.

   8. After all pertinent information has been received; the Student Conduct Administrator/Board shall determine (by majority vote if the Board consists of more than one person) whether the Accused Student has violated each section of the Student Code as charged.

   9. The Student Conduct Administrator/Board’s determination shall be made on he basis of whether it is more likely than not that the Accused Student violated the Student Code.

   10. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Code proceedings.

6. here shall be a single record, such as a tape recording, of all Hearings before a University Hearing Board (not including deliberations). Deliberations shall not be recorded. The record shall be the property of John Carroll University.
   
7. If an Accused Student, with notice, does not appear before a Discipline Body, the information in support of the charges shall be presented and considered even if the Accused Student is not present.

8. If the Complainant/Victim, with notice, does not appear before a Discipline Body, the information in support of the charges shall be presented and   considered. However, declining to appear at the hearing could result in a finding of  “not responsible” for the alleged violations due to lack of evidence or information.

9. The Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant/Victim, Accused Student,  and/or other witnesses during the hearing by providing separate facilities, by   using a visual screen, and /or by permitting participation by other means, where and as determined in the sole judgment of the Dean of Students or his/her designee, to be appropriate.

2. Sanctions

1. Procedures

Routine infractions will be addressed through administrative and/or discipline channels.

2. Minimum Mandatory Sanctions

A Student Conduct Administrator or Hearing Board is required to assign minimum mandatory sanctions if a student violates the Alcohol and Illegal Drugs Policy, the Hazing Prohibition Policy or the policy regarding fire equipment and fire alarms.  This means that a student found responsible for violating one of these policies will be given certain sanctions as outlined by the Dean of Students of his/her designee.  While the Student Conduct Administrator or Hearing Board may not remove particular sanctions, it is possible to add sanctions.

3. Disciplinary Actions

If a student violates the Student Code, disciplinary action will be taken.  Sanctions will be imposed based on the inappropriate behavior, as well as the student's level of responsibility for the incident.  Factors such as the seriousness of the incident and the student's past disciplinary history will be taken into account in determining the appropriate sanction.  In addition, failure to comply with any disciplinary action may result in additional disciplinary action.

The disciplinary sanctions listed below may be used separately or in combination with one another:

1. Fines - The amount depends on the infraction.  Fines are recorded in the student's discipline file in the Dean of Students Office.  Students may receive their fines on the university billing statements.

2. Restitution/Financial Penalties - Restitution is compensation required of students who engage in theft, misuse, damage, or destruction of institutional, group, or private property.  Payments are recorded in the student's discipline file in the Dean of Students Office.  Financial penalties will be imposed on students who are dismissed from the residence halls and/or students who are suspended or expelled from the university.

3. Disciplinary Warning - This sanction is given for minor misconduct to inform the student that further misconduct will not be tolerated.  The warning is recorded in the student's discipline file in the Dean of Students Office.

4. Activities or Access Limitations - Limitations on activities or access are assigned if the prohibition from participation in certain activities, events, or facilities has been determined to be in the best interest of the student and/or the university.  Limitations are recorded in the student's discipline file in the Dean of Students Office.

5. Required Advising or Assessment - At times, it is important for the rehabilitation or development of a student to receive advising or assessment.  These referrals are recorded in the student's discipline file in the Dean of Students Office.

6. Performance of Community Restitution - Community restitution through work details or participation in Educational Programming enable a student to reflect upon inappropriate behavior, learn new information, and/or educate other students so they do not find themselves in similar circumstances.  This work is recorded in the student's discipline file in the Dean of Students Office.

7. Disciplinary Probation - Disciplinary probation is a formal notice to the student that the activity in question is unacceptable and that, if continued or if other inappropriate behavior follows, more severe action may be taken, including possible suspension or expulsion from John Carroll University.  Probation my include such restrictions as denial of the opportunity to participate in extra-curricular activities or events, to perform in the name of the university, to serve as an officer of a student organization, or to reside in university housing.  Written notification of this action will be provided to the student and may be provided to his/her parent(s)/guardian if the student is a dependent.  This action is recorded in the Dean of Students Office and remains part of the student's discipline record.

8. Residence Hall Suspension - This action calls for separation of the student from the residence halls for a definite period of time, after which the student is eligible to return.  Conditions for readmission may be specified.  Financial penalties will apply.  Students who are suspended from the residence halls will not be allowed to visit the residence halls during the period of their suspension.  Written notification of this action will be provided to the student and may be provided to his/her parent(s)/guardian if the student is a dependent.

9. Residence Hall Expulsion - Permanent separation of the student from the residence halls is possible in some cases.  Financial penalties will apply.  Students who are expelled from the residence halls will not be allowed to visit any of the residence halls.  Written notification of this action will be provided to his/her parent(s)/guardian if the student is a dependent.

10. Suspension - Suspension from the university involves the exclusion of the student from participation in any academic or other activity of the university for a specified period of time.  Written notification of this action will be provided to the student and his/her parent(s)/guardian if the student is a dependent.  Suspension may be for the remainder of the semester or for no more than eight semesters.  Suspended students must apply for readmission and may need to comply with certain conditions upon re-admittance.  Financial penalties will apply.

11. Expulsion - Expulsion is the most serious university disciplinary action and involves the permanent exclusion of the student from the university.  The student is permanently removed from the university community.  An expelled student is not eligible for re-admission.  Financial penalties will apply.  Written notification of this action will be provided to the student and may be provided to his/her parent(s)/guardian if the student is a dependent.

12. Postponement of Activity Participation, and Conferring of Honors or Degrees -The university reserves the right to delay or postpone the involvement of a student in any university related activity, or delay or postpone the conferring of any honor or degree during the duration of any of the student conduct procedures or actions.

13. 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

4. Disciplinary Records

Disciplinary sanctions shall not be made part of the student's permanent academic record, but shall become part of the student's disciplinary record.  Upon graduation, the student's disciplinary record may be expunged of disciplinary actions.  A student disciplinary record that includes residence hall suspension or expulsion, University suspension, University expulsion, or revocation or withholding of a degree shall be expunged from the student's confidential record seven (7) years after final disposition of the case.

5. Education Records

In situations involving both an Accused Student(s) (or group or organization) and a student(s) claiming to be the victim of another student's conduct, the records of the process and of the sanction imposed, if any, shall be considered to be the education records of both the Accused Student(s) and the student(s) claiming to be the victim because the education career and chances of success in the academic community of each may be impacted.

6. Student Organizations

Student organizations that violate the student code or other university policies may be handled through the university discipline system or the Director of Student Activities.  The same sanctions as outlined above may be imposed.  Other sanctions, where appropriate, also may be imposed.  Student organizations can appeal decisions and sanctions to the Dean of Students or his/her designee only if the sanction imposed is deactivation.  Individual members of students organizations may be charged separately through the discipline system.

3. Interim Suspension

In certain circumstances, the Dean of Students, or a designee, may impose a University or residence hall suspension prior to a hearing before a discipline body.

1. Interim suspension may be imposed only:  a) 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.

2. During the interim suspension, students 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 Dean of Students or a designee may determine appropriate.

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

4. Appeals

1. Only decisions reached as a result of a formal hearing may be appealed.  Appeals must be made only on the following basis:

1. To determine whether the Hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the Student Code was violated, and giving the Accused Student a reasonable opportunity to prepare and to present a response to those allegations.  Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.

2. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code which the student was found to have committed.  This applies only to students who were suspended or expelled from the residence halls or students who are suspended or expelled from the university.

3. To consider new information, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original Hearing.  This information must be deemed sufficient to alter the decision.

2. A decision reached by the University Hearing Board or a sanction imposed by a Student Conduct Administrator may be appealed by the Accused Student(s) or Complainant(s) within five (5) school days of the decision.  Such appeals must be in writing and must be delivered to the Dean of Students Office.

3. Decisions reached by the University Hearing Board or the Dean of Students will be reviewed by the Vice President for Student Affairs or an Appellate Board.  Decisions reached by a Student Conduct Administrator will be reviewed by the Associate Dean of Residence Life or the Dean of Students.

4. The administrator or the Appellate Board reviewing the appeal will determine if there are grounds to warrant an appeal.

5. If an appeal is upheld, the administrator or the Appellate Board has the authority to revise the original decision, reassign the case to a new hearing board, or send the case back to the original hearing board.  If an appeal is not upheld, the matter shall be considered final and binding upon all involved.

6. The person who submitted the appeal shall be advised in writing of the decision on the appeal within five (5) school days.  If the Discipline Body is unable to respond within this timeframe, the Student Conduct Administrator shall notify the person who submitted the appeal in writing and provide an estimate timeframe in which the appeal will be decided.

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Article V:  Interpretation and Revision

1. Any question of interpretation or application of the Student Code shall be referred to the Dean of Students or his/her designee for final determination.

2. The Student Code may be revised at any time under the direction of the Dean of Students and shall be fully reviewed every three (3) years.  The campus community will be notified of all changes.

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