SECTION VIII

 

Student Conduct Bodies and Hearings

The College shall establish appropriate student conduct bodies that may conduct hearings concerning alleged violations of the Code and determine responsibility and appropriate sanctions. Students are responsible for checking their Marist College email for notifications regarding student conduct. These bodies shall include:

A. Resident Director Disciplinary Meeting

Resident Directors shall be empowered to hear cases of alleged misconduct in and immediately around the residence facilities. Charged students will be notified in writing of the charges and the date and time to meet with the Resident Director (RD) to discuss the case and either accepts the sanctions imposed by the Resident Director or request a Disciplinary Conference. The student will also be notified of the procedure for submitting a written request for a Disciplinary Conference if the student does not accept the finding of the Resident Director. Should the student accept the finding of the Resident Director, the decision will be considered final, without the right to an appeal.

In sanctioning at this level, Resident Directors will be empowered to impose sanctions up to and including Probation and recommend to the Director of Housing & Residential Life that a student be moved to another resident facility, as well as imposing other educational sanctions. Resident Directors may not impose Disciplinary Probation, nor may they recommend Disciplinary Suspension, Disciplinary Dismissal, Residence Hall Suspension or Residence Hall Dismissal.

If a charged student fails to appear at a scheduled Resident Director Disciplinary Meeting following proper written notification, the designated Resident Director may review the evidence in support of the charges and render a decision. Findings and sanctions, if applicable, will be based on the information, not upon the charged student’s failure to appear. The decision rendered by the Resident Director may be appealed in writing to the Office of Student Conduct within three (3) business days of the decision, but cannot be appealed on the basis that the student did not attend the Disciplinary Meeting, as a failure to appear constitutes a forfeiture of the right to present information.

If the Resident Director learns that the student’s failure to appear at a scheduled Disciplinary Meeting is for good cause, the Resident Director may reschedule the conference. The Resident Director shall be the sole authority for determining the validity of an absence.

B. Disciplinary Conference

A Disciplinary Conference may be held at any level of the student conduct process if all parties agree to such a resolution and where the charged student acknowledges violations of the Code. In the Disciplinary Conference, the Conduct Officer and/ or  designee shall review all available information and determine violations of the Code of Student Conduct and appropriate sanction(s).

     1.  The charged student shall be notified in writing at least three (3) business days prior to the scheduled Disciplinary Conference. The Conduct Officer may withdraw any charge deemed to be without basis. The Conduct Officer may not reduce the minimum notification without the signed consent of the charged student.

     2.  If the substantive facts and sanction(s) can be agreed upon the decision will be considered final; without right to an appeal and/or hearing.

     3.  If the substantive facts and sanction(s) cannot be agreed upon, the matter shall be referred to a hearing.

     4.  If a charged student/organization fails to appear at a scheduled Disciplinary Conference following proper written notification, the designated Conduct Officer may review the information in support of the charges and render a decision. Findings and sanctions, if applicable, will be based on the information and not upon the charged student’s/organization’s failure to appear. The decision rendered by the Conduct Officer may be appealed within three (3) business days of the decision, but cannot be appealed on the basis that the student/organization did not attend the Disciplinary Conference, as a failure to appear constitutes a forfeiture of the right to present information.

     5.  If the Conduct Officer learns that the student’s/organization’s failure to appear at a scheduled Disciplinary Conference is for good cause, the Conduct Officer may reschedule the conference. The Conduct Officer shall be the sole authority for determining the validity of an absence.

C.  College Hearing Panel

The College Hearing Panel shall be drawn from a pool composed of faculty, staff, and/or students. The composition of the panel will be determined by the Conduct Officer based on the gravity of the allegation and the level of potential sanctioning. This panel shall hear cases, which involve allegations of misconduct that occur both on and off campus. A case may be deemed serious if an alleged student has a significant past record. If found in violation of the charges, the sanctions may result in a recommendation of suspension or dismissal. The sanctioning ability of the College Hearing Panel shall include all sanctions noted in the Code of Student Conduct, including the recommendation of suspension or dismissal to the Suspension Review Panel. In all College Hearing Panel hearings, the charged student shall be notified of the time and place of the hearing at least four (4) full business days in advance. There is no statute of limitations for infractions that would result in a hearing at this level.

D.  Administrative Hearing Panel

An Administrative Hearing Panel may be held at the discretion of the Conduct Officer. This panel shall be composed of a minimum of one (1) faculty/staff member and a maximum of five (5) faculty/staff members assigned by the Office of Student Conduct. In these instances, all procedures will be based on hearing level as described above.

 

 

edit