PRP 4842 - Campus Judicial Policy
Issued by: Jerrold A. Griffis, Vice President, Student Life
Effective Date: September, 1967
Notes: Originated in 1967 by Student Life Resident Deans and revised again in 1970
II. Statement Of Hearing Procedures
Introduction
Bloomsburg University, following the guidelines established by the Board of Governors of the State System of Higher Education regarding student discipline and due process requirements, has established a hearing procedures system. Its primary intent is educational in nature, attempting to create behavioral changes in students while simultaneously protecting their rights and the rights of the community-at-large. The hearing procedures exist to review complaints against students for alleged violations of the university regulations and/or federal, state, and local ordinances.
In cases where incidents occur off campus, a subcommittee of the Student Life Standing Committee may be asked to determine if the alleged violation adversely affects the substance or reputation of the university and/or its personnel. This group will convene within 72 hours of the time the charges are presented to the student by a duly constituted campus authority.
Professional staff members may require a student to report for a discussion relative to an alleged infraction. During this conference, the allegation will be reviewed and the student will be apprised of his/her options within the university hearing process. Possible actions that may occur if civil/criminal ordinances have been violated will also be discussed.
A. Hearing Process
Students have the right to a formal judicial hearing or informal administrative hearing before a designated hearing officer or board. Students/organizations can waive their rights to a formal hearing at any time when guilt is admitted by the student/organization to the designated hearing officer (Residence Director, Director of Student Standards) in regards to any violation of the Code of Conduct. A waiver form must be completed when an informal hearing is requested.
Failure to appear at a scheduled informal/ formal hearing could result in the hearing being held without the student having the opportunity to respond to the alleged violation and could be subject to additional disciplinary action, i.e. failure to comply.
When a student wishes to file charges against another student, he/she must submit in writing a detailed account of the incident which resulted in the charges being filed, along with the names of the individuals charged, witnesses who were present and the specific violations as outlined in the student handbook, the Pilot.
Alleged violations considered "major", as determined by the Vice President for Student Life or designee, may warrant a hearing before a three-member panel of administrators, one to be designated a chairperson. Hearing officers will be faculty members or Student Life administrators selected by the Vice President for Student Life.
Note: Due to the sensitivity and complexity of some violations, the Student Complaint Board may be utilized.
B. Due Process and Procedures for Formal Hearing
The following procedural guidelines are established for the direction of all formal disciplinary hearings:
1. The student shall be notified in writing by an appropriate university official that he/she is accused of violating a university regulation.
2. In keeping with the campus standards of due process, the accused and accuser involved in the case are entitled to the following:
- a. Written notification of the time and place of the hearing at least 72 hours prior to the hearing.
- b. Written statement of charges of sufficient particularity to enable him/her to prepare for the hearing.
- c. Written notification of the names of the witnesses who are directly responsible for having reported the alleged violation to the university official, or, if thereare not such witnesses, written notification of how the alleged violation came to the official's attention, or written notification of the individual(s) directly responsible for having reported the alleged violation to the university official, or means by which information was obtained.
- d. To appear in person and to present his/her defense at the hearing and to call witnesses in his/her behalf. He/she shall have the opportunity to hear and question all witnesses or Hearing Officers.
- e. To be accompanied by one advisor who must be a member of the faculty, staff or student body of the university. When organizations have national advisors, they may select one to appear with them at the time of the hearing. Legal counsel can also serve as an advisor. However, the University reserves the right to utilize legal counsel at that time as well. In order to have a lawyer present, 48 hour written notice of legal counsel is required. The role of the advisor is only to consult and interact privately with the student/organization.
- f. To request the disqualification of a Hearing Officer and/or board member whom he/she feels is biased or otherwise involved in the case at the beginning of the proceedings.
- g. To refuse to answer questions. The accused may also elect not to appear. Should he/she elect not to appear, it shall not be taken as an indication that the accused has violated a university policy and must be noted without prejudice. The decision in such cases will be made after considering the evidence available.
- h. To receive a written decision in which facts and reasons are set forth with reasonable specificity, which shall be issued within ten working days of the hearing. (Note: The accuser only receives this information in cases involving violent crimes. In other incidents, the accuser has the right to receive a written decision which sets forth facts and reasons for findings without identifying the accused by name or revealing the results or final recommended action.)
- i. The accused and accuser shall be entitled to one written appeal of any decision rendered. However, the accuser may only appeal a denial of due process rights. Should there be an appeal, any action assessed shall be in abeyance until acted upon by the reviewing body or the Appeals Board.
- j. The University reserves the right to continue a hearing whenever necessary and appropriate.
3. Pending action of the charges, the status of the student should not be altered or his/her right to be present on campus and to attend classes suspended, except for reasons relating to his/her physical or emotional safety and/or safety or well-being of students or faculty. The Office of the Vice President for Student Life upon appropriate evidence, and/or professional advice will decide if the continued presence of such a student would adversely affect the ability of others to pursue their educational goals. This could result in a 10 day interim suspension until a judicial board can be convened and/or limitations to student's access to university owned and/or operated property.
4. The Hearing Officer/Chairperson shall be responsible for maintaining order and room decorum while following these procedural guidelines. All hearings are closed and confidential proceedings. Any student who displays disorderly or disruptive behavior and refuses to comply to the request of the hearing officer during an administrative hearing will be asked to leave the hearing and could be subject to disciplinary action.
5. Hearing officers, the Residence Hall Judicial Board, the University Conduct Board, the Student-Faculty Appeals Board, the Student Complaint Board and Special Interim Boards have full delegated authority from the President of the University for hearing student disciplinary cases.
C. Appeals
1. Appeals of disciplinary warning and disciplinary probation will be decided by the Vice President for Student Life or designee. An appeal of suspension or expulsion will be reviewed and if necessary heard by the Student-Faculty Appeals Board.
2. The appeal must be filed in writing to the Student Life Office 72 hours after receiving an official written notice of sanction.
3. Appeals may be heard for the following reasons:
- a. New evidence (not considered during the initial hearing).
- b. Evidence leading to charges of unfair disciplinary action.
- c. Evidence leading to possible denial or rights.
4. The appeal must indicate in detail the reasons for the appeal and cite all new evidence related to the case. The appeal shall be limited to a consideration of those procedural errors or new evidence described by the appellant in the appeal information.
5. A review board (composed of the chairperson, one student, and one faculty member of the Student-Faculty Appeals Board) will discuss the information provided in the appeal with the original Hearing Officer/Chairperson. Thorough consideration will be given to all new evidence. If a majority of the review board decides there is sufficient reason for more detailed consideration of the appeal, the entire Student-Faculty Appeals Board will be convened.
III. Judicial Boards
A. Residence Hall Judicial Board (RHJB)
Responsible for adjudicating minor residence hall or code of conduct violations which occur in the residence hall.
1. Composition and Selection
- a. Three students who have applied to their Residence Director or Student Life Office and been approved for selection based on interviews. b. Interested students must meet the following criteria: 1) be a residence hall student 2) maintain a 2.00 GPA 3) maintain good conduct standing 4) complete training session c. Students are selected to serve on the board from a pool of interested students. d. Residence Director acts as advisor.
- 2. Residence Directors forward such cases to the Chair of the RHJB, who is responsible for setting up the hearing.
B. University Conduct Board
Responsible for adjudicating all off-campus violations and major on-campus violations of the Code of Conduct which could result in suspension or expulsion.
1. Composition and Selection
a. Three members (any combination of faculty/administrators/students) with an administrator as advisor.
b. Students are selected to serve on the board from a pool of interested students who meet the following criteria:
- 1) completed at least 24 credits
- 2) maintain a 2.00 GPA
- 3) maintain good conduct standing
- 4) complete training session
2. Appeals of the decision of the UCB are reviewed by the Director of Student Standards in probationary cases. In cases of a serious nature where the decision is suspension/expulsion, appeals are reviewed by the review board described in C.5 Appeals. If the review board finds that there are grounds for appeal, it shall be referred to the Student-Faculty Appeals Board.
C. Student-Faculty Appeals Board
1. Composition and Selection
- a. Four students who have petitioned and/or approved for selection by CGA. 1) Applicants will be interviewed by a screening committee consisting of a Student Life administrator, a representative of CGA and a previous student member of the board. 2) The committee will submit candidates to CGA for final selection. Applicants must have a 2.3 cumulative average and must have attained a sophomore status. 3) Membership shall include representation from both sexes, an on-campus resident, an off-campus resident, and students representing diverse groups on campus. Students shall serve for a period of two years. Initially, one junior shall be selected for one year.
- b. Four faculty members, two selected by the APSCUF Executive Board and two selected by the Student Life Standing Committee. Initially, two faculty members will be selected for two years and two for one year. Subsequent selection will be for a period of two years. The faculty membership should include representation from both sexes as well as individuals who exhibit sensitivity and knowledge of the broad issues that impact student behavior.
- c. The Vice President for Student Life shall appoint a chairperson with no vote except in case of a tie.
- d. The quorum for Student Faculty Appeals Board will consist of four members and the chairperson with the diverse balance as suggested above.
- e. The Appeals Board may recommend upholding, modifying or removing a sanction. Note: After selection has been made by students and faculty, a brief training session will be conducted.
D. Student Complaint Board
1. Composition and Selection
- a. Affirmative Action Officer.
- b. Psychological Counselor appointed by the Director of the Center for Counseling and Human Services.
- c. Residence Life Representative appointed by the Director of Residence Life.
- d. Faculty member from Student-Faculty Board appointed by the Student Life Committee.
- e. The Chairperson will be selected by the members of the Student Complaint Board.
- f. The Board Administrator/Advisor will be the Advisor to the Student- Faculty Appeals Board.
2. Jurisdiction
- a. Original Jurisdiction - Cases involving harassment of another student by social, physical, mental, racial or sexual means. Note: Procedural Guidelines for the Student Complaint Board are on file in the Student Life Office.
- b. Appeals - The Vice President for Student Life will review appeals from either the complainant or accused.
E. Special Interim Boards
The university reserves the right to establish an interim board composed of one or more persons (appointed by the Vice President for Student Life).
IV. Records
1. When the Vice President for Student Life and/or a designee is involved in the case before it goes to a hearing, and is in a position to take administrative action (i.e. warning; disciplinary probation) a tape recording and/or written documentation will be made at the initial consultation with the individual(s) involved with the individual's knowledge and understanding that the evidence may be used at the formal hearing level.
2. All formal hearings shall have records consisting of a well written transcript or a taped recording.
3. The Office of the Vice President for Student Life shall assume custody of these records. All information collected at the hearing shall be strictly confidential. Access shall be limited to those individuals conducting the hearing, the accused and those university personnel, approved by the Vice President for Student Life.
V. Decisions (Individual and Organizations)
After an informal or formal hearing is held, the hearing administrator or board who heard the case may render one of the decisions listed below:
A. Not a Violation - No violation of policy occurred.
B. Violation - A violation of policy occurred and was proven. In this case, the administrator or judicial body which heard the case may select from the following sanctions which can be imposed upon a student or organization for a stated specific period of time.
- 1. Written Warning - An official written reprimand.
- 2. Disciplinary Warning - An official university sanction that indicates that further violation of university policies shall result in more severe disciplinary action. This warning is imposed for a specific period of time, (usually minimum time of six months and maximum time of one year). The student or organization will automatically be removed from this status when the imposed period expires.
- 3. Disciplinary Probation - An official university sanction that indicated that further violation of university policies may result in the suspension of an individual student or the suspension of recognition of an organization. Furthermore, the parents of the individual student placed on disciplinary probation will be notified regarding the probationary status when the student is claimed as a dependent. The following privileges shall also be withdrawn for individual students on disciplinary probation:
- a. a student may not join an organization.
- b. a student may not hold an office or run for an office of an organization on this campus.
- c. a student residing on campus may have their residence hall status reviewed. This may result in removal from the residence hall or being moved to another residence hall.
- d. students must petition the Student Life Office for removal from the probation status. In addition to the above, a student may be restricted from participating in extracurricular activities for a specified time to be determined by the hearing officer or board. Volunteer service, counseling referral, participation in an educational program, community service, and restitution may also be recommended.
4. Suspension - A student may be suspended from the university for a period of time, not to be less than the remainder of the current semester. Suspension requires that a student remove himself/herself from the university premises. The student shall not attend classes, social activities or be present on university property during the period of suspension. The student's parents will be notified of the suspension when the student is claimed as a dependent.
5. Expulsion - Expulsion implies permanent dismissal from the university with no promise the student may return at any time. The parents will be notified of the expulsion when the student is claimed as a dependent or not legally emancipated. The person being expelled may not be present on University property for any reason.
6. Suspension of Recognition - Suspension of recognition includes an organization's immediate loss of all rights and privileges associated with university recognition, complete suspension of all organizational activities, and may include conditions for reissuance of recognition. The organization will be notified that they are no longer recognized by the university for a specific period of time. An organization that violates the terms of the suspension may be subject to removal of recognition.
7. Revocation of Recognition - Removal of recognition includes an organization's permanent loss of university recognition. Organizations that violate policies and regulations and/or the terms of any previous disciplinary action are subject to loss of recognition. Note: Students/organizations failing to complete the provisions of a given sanction will be subject to further disciplinary proceedings and possible additional or more severe sanctions.