|
In order to provide an orderly procedure for the handling of disciplinary cases using the principles of due process and basic fairness, the following safeguards will be afforded to all students:
Filing a Report
Reviewing a Report
Preliminary Meeting
Administrative Hearing Procedures
Investigations and Conduct Board Hearings
Conduct Board Guidelines
When an incident occurs, an incident report can be filed by a student, faculty, staff, or community member who becomes aware of, observes, or is the victim of the incident. An email, phone call, or meeting with the Dean of Students or designee can serve in place of an incident report. A report is reviewed, and, if necessary, the student or student organization is directed to attend a hearing or meeting to determine what, if any, violation(s) may have occurred.
Students and representatives of groups/organizations have access to the incident report written by the reporting person. The hearing process is intended to be educational in nature and is based on the concept of due process. This includes reasonable notice of the violation(s) in question and an opportunity for a student to be heard.
An incident can be pursued through the hearing process within thirty (30) days of the alleged incident being reported, unless the deadline is waived by the Dean of Students or designee. Complaints against former students or non-students will not be processed. Reports regarding graduating students should be filed prior to their graduation and, when possible, with sufficient time before graduation so that a process can occur.
Reviewing a Report
Depending on the nature of the report, concerning behavior may be resolved using either an informal or formal method of resolution. Formal resolution will always result in a hearing and become part of the student’s conduct file. Informal resolutions can only be considered in alleged minor violations and are used at the discretion of the University staff member reviewing the report. An informal resolution may transition into a formal hearing for any reason including new information learned during an informal meeting or when an informal resolution cannot be reached.
Examples of informal resolution can include:
- Educational letter, conversation, or agreement.
- Mediation. If mediation is deemed appropriate, contact will be made to all parties involved and an explanation of the process will be offered. If accepted by all parties, mediation will be viewed as an alternative solution. Should an agreement not be possible, the incident may be pursued through a hearing. All agreements reached through mediation are binding. If at any point the agreement is not fulfilled, the negligent party may face further conduct action. Mediation is not an option in cases of sexual misconduct.
Review of all alleged violations is overseen by the Director of Community Standards and Restorative or designee. Their role is to identify those acts that may be in conflict with the Student Conduct Code. Alleged violations result in cases that are assigned to an appropriate hearing officer. Generally, two (2) business days’ notice is given prior to a meeting/hearing. If circumstances necessitate, the hearing may be scheduled immediately. Written notice of the date, time, location, and allegation(s) is sent to a student’s University email account. Depending on the urgency, notice may also be hand delivered. If the student fails to attend the hearing, a decision may be made in the student’s absence.
In some cases, it may be appropriate for a hearing officer, University Police officer, or other university staff to meet or speak with students who may have relevant knowledge about an incident. This investigative process allows the responding staff member to make decisions about an informal or formal approach. These meetings also allow the University to college information in order to meet its burden of proof.
The use of a formal resolution requires a conduct hearing. The Dean of Students or designee determines whether the incident will be handled through an administrative hearing or conduct board hearing. If the alleged violation could result in separation from the University, the matter may be reviewed by the Associate Dean of Students, designee, or the conduct board. Additionally, there may be some instances in which a student is involved in multiple incidents. In this case, the hearing officer may elect to resolve multiple incidents for an individual in one hearing.
Should a student choose to withdraw from the University, that will have no impact on the adjudication of the case. Once a hearing process has begun, it will be pursued until the appropriate conclusion is reached.
Cases may be referred to the conduct board when the complexity of the case or allegation is significant. The Dean of Students or designee determines the appropriate hearing venue. All hearings are closed to the public and only those who have direct information regarding the incident may attend. These determinations are made at the discretion of the Director of Community Standards and Restorative Practice or designee.
Hearings may be expedited to protect community members. Students or recognized clubs/organizations who are alleged to have been involved in a significant violation may be suspended in the interim from the residence halls or the University pending a hearing should the Dean of Students or designee deem it is necessary. Residents may also be temporarily relocated pending a hearing (See Section 5. Emergency Interim Procedures for more information.)
The steps below specify the procedures that must be followed when determining if a violation has occurred and assures that due process is followed.
- Notice - Students will receive a letter electronically from the appropriate University staff member, informing them of a conduct hearing to discuss the incident. Students must be given two (2) business days’ notice for administrative hearings and preliminary meeting. If circumstances necessitate, the hearing may be scheduled immediately.
- Attendance - If the student fails to attend the hearing, the review will be made in the student’s absence.
- Presentation - A hearing officer will review the incident reports and the student will have the opportunity to share information regarding the incident. Since the hearing focuses on what happened with the purpose of determining whether policy violations have occurred, character statements, character witnesses, and letters of support that do not pertain to the incident in question cannot be considered. Students should only share information that pertains to the incident.
- Finding and Sanction - Based upon the information presented, the hearing officer or conduct board will determine if the student is responsible or not responsible for the alleged violation(s). Sanctioning is considered only after responsibility has been determined and is based solely on the severity of the violation and a student’s previous conduct record. The decision of the conduct board will be subject to final review by the Director of Community Standards and Restorative Practice or designee.
- Notice of Outcome - An email notifying the student of the results of the hearing will be sent electronically no later than three (3) business days following the final hearing or interview for the case. Additional time may be needed if the case is complicated in nature.
The conduct board is comprised of trained administrators. When a case is referred to the board, the Director of Community Standards, the Associate Dean of Students, or designee will serve as the conduct board procedural advisor and may offer all involved students a preliminary meeting to prepare them for the process. The conduct board procedural advisor is available to discuss the incident reports, students’ rights, and the hearing process.
In cases assigned to the conduct board, a minimum of three (3) board members will participate on a rotating basis. The Director of Community Standards, the Associate Dean of Students, or designee will determine the composition of the board and serve as a non-voting advisor to the board. All board members commit to upholding the Student Conduct Code and maintaining confidentiality.
Students participating in a conduct board hearing will be given the names of the conduct board members in advance of the hearing. Should a student believe that any conduct board member is biased or could not render an impartial judgment, the student may challenge the individual’s participation in the hearing. The Director of Community Standards, the Associate Dean of Students, or designee will rule on such challenges, and the decision will be final.
The following guidelines generally apply to University conduct board hearings, outlining a common understanding of the rights and responsibilities generally afforded to students participating in the hearing process. Since every case is unique, the guidelines may be changed or modified by a hearing officer or conduct board as needed.
- Pending action on any alleged violations, a student’s status is not altered, nor rights suspended to be present on campus or attend classes, except to protect the health or safety of students, faculty, or staff or to safeguard University property.
- The University’s burden of proof is to show more likely than not that the student is responsible for the alleged violation or pattern of misconduct. The rules of evidence applicable to civil and criminal court cases do not apply. Hearing decisions are made based upon a preponderance of the evidence presented (i.e., whether a violation of University policy more likely than not occurred).
- A student is responsible for all policies as listed in the Student Conduct Code.
- Students will receive a letter electronically from the appropriate University staff member, informing them of a conduct hearing to discuss the incident. Students must be given two (2) business days’ notice for administrative hearings and preliminary meetings. If circumstances necessitate, the hearing may be scheduled immediately.
- A student has the right to review the incident report, names of accusers and witnesses, and any written evidence. This information will be revealed as part of the hearing. However, all relevant parties (e.g., hearing officer, conduct board members, student being charged) may review the information prior to the hearing.
- Students have the right to a preliminary meeting with a member of the Community Standards and Restorative Practices staff for the purpose of reviewing hearing procedures and related aspects of the student conduct system.
- All written or physical evidence not contained in the originating incident report must be presented to the Director of Community Standards and Restorative Practice in advance of the scheduled hearing. This includes names of witnesses or written statements from witnesses who are unavailable to attend the board hearing.
- A student may have an advisor of their choosing present at the hearing. The student’s advisor may not participate directly in any aspect of the hearing and may only confer with the student. An advisor will not be allowed to disrupt the hearing by recess or conference outside the hearing. A student must notify the Director of Community Standards and Restorative Practice the name of the advisor (if they choose to have one) in advance of the hearing.
- A student may refuse to answer a question, with the understanding that the hearing officer or conduct board must decide the matter based upon the information available at the time of the hearing.
- The hearing officer or conduct board chair exercises discretion over admission of any person into the hearing.
- In incidents involving more than one party, the hearing may be conducted as a joint hearing.
- A hearing officer or conduct board may record the hearing if it is deemed appropriate for the purpose of appeals. After the appeal has concluded, any recordings will be erased.
- If a student is found responsible, the hearing officer or conduct board reviews the student’s full conduct record to decide if a sanction should be more severe based upon past history. This information is not used to determine a student’s responsibility for alleged violations.
- No later than three (3) business days following the hearing, a student receives a letter electronically from the hearing officer or conduct board chair, informing the student of the hearing’s results. Additional time may be needed if the case is complicated in nature. In cases involving both a complainant and respondent, both parties are notified of the outcome.
- A student who has participated in the hearing process and has been found responsible for violating the Student Conduct Code may file a written appeal. Appeals may only be granted if one of three specific criteria are met (see Section 9. Appeal Process).
- If the student fails to attend the hearing, the hearing will occur in their absence and the student will forfeit the right to appeal the decision from the hearing officer.
- During the hearing, the University may accommodate concerns for the personal well-being, and/or fears of confrontation of the complainant, respondent, and/or other witnesses by providing separate facilities, using a visual screen, and/or permitting participation by telephone, videophone, closed circuit TV, video conferencing, video and/or audio recordings, written statement, or other means. This determination is based on the judgment of the hearing officer, or conduct board chair. Conduct boards may be held remotely, or in-person on campus.
- If at any time during the course of a hearing, any person exhibits behavior or language that is disruptive or threatening, that person may be dismissed with the process continuing without their presence or input.
Section 8. Sanctions
Sanctions are a developmental and educational tool, with the purpose of redirecting the student’s behavior towards a pattern that fits the mission and values of the institution and in some cases to restore the damage that resulted in the disciplinary action of the student. Furthermore, sanctions are determined by considering the nature of the misconduct, student’s conduct history, and mitigating or aggravating factors. Students who do not complete the educational sanctions by the deadline may receive a hold on their account. Holds on the account may prevent the student from (but not limited to) registering for classes, participating in extracurricular activities, studying abroad, graduating, and/or signing up for housing. Significant status changes, such as temporary or permanent removals, may be held in Abeyance upon issuance.
With respect to student organizations, athletic teams, or other groups on campus facing disciplinary action, the Community Standards and Restorative Practice office will obtain recommendations from other applicable University departments and offices, which may include, but is not limited to Athletics, Campus Life and Recreation, Student Involvement and Operations, and Residence Life; and may also include a review of the conduct history of individual members of the group of students.
The possible actions available for hearing officers and boards within the student conduct process are described. Cases of alleged sexual assault, sexual misconduct, sexual harassment, gender-based harassment, domestic violence, dating violence, stalking, and/or retaliation will follow the Equal Opportunity, Nondiscrimination, and Title IX Plan, which was approved by the Massachusetts Board of Higher Education on August 1, 2024. This policy may be found at https://records.salemstate.edu/
|
