Judicial System & Disciplinary Process

Administration

Student infractions of college policies, rules, or regulations will fall under the jurisdiction of Student Life.

Disciplinary action usually begins with the witnessing of an action or event by a public safety officer, a residence hall staff member, a member of the College administration, faculty, staff or other student, which appears to violate a college policy, rule or regulation. An individual wishing to report an incident should contact an official in Student Life. An individual may be asked to submit a written complaint providing additional detail.

If the alleged incident is considered by the College to constitute a potential violation of a college policy, rule or regulation, the disciplinary process will be initiated. In such cases, the accused student will be notified of the alleged violation, and a reasonable opportunity will be given to the student to discuss the alleged violation with an appropriate official from Student Life. Said official will resolve the case following such discussion, or provide the opportunity for such discussion before and/or after any reasonable investigation the official may wish to conduct personally and/or through others. In the event a student is found responsible for the alleged violation, a sanction shall be specified in accordance with the terms and definitions provided in this policy and the student shall be provided written notice of the sanction.

If the conduct at issue involves alleged conduct within the scope of the College’s Sexual Harassment/Misconduct, Domestic Violence, Dating Violence and Stalking Policy, the standards and procedures outlined in that Policy, rather than this Judicial System and Disciplinary Procedures, will apply.

If the conduct at issue involves a student athlete, the College and/or the Department of Athletics and/or a coach may choose at its/their discretion to apply additional conduct standards to the extent deemed appropriate in matters that relate to the student athlete’s status vis-à-vis athletics-related activities.

Judicial System

Judicial Review Board

The Judicial Review Board will hear cases referred to it by the Dean of Students or their designee. The Dean or designee shall review all cases involving serious or repeated infractions of college policies, rules, or regulations including all cases which, in the opinion of the Dean or designee, could result in suspension or expulsion from Saint Michael’s College. In any case referred to the Judicial Review Board, accused students shall have a right to a hearing before the Board.

The Judicial Review Board shall consist of seven members appointed annually: three students appointed by the President of the Student Government Association, two faculty members appointed in accordance with faculty regulations, and two staff members appointed by the President of the College. Alternate members may also be appointed to serve where necessary. The Judicial Review Board will be convened by the Dean of Students or their representative. The Board will meet at regular intervals for training as well as to hear cases brought to its attention. The Board shall elect its own chairperson.

In the event that there are not seven members of the Board available or as deemed appropriate, the Board may elect from within itself a three-member Board, consisting of one student, one faculty member and one administrator, which may hear a case and make findings and conclusions regarding whether or not the student is responsible for a policy violation. The Judicial Review Board shall recommend sanctions to the Dean of Students or designee.

The Dean of Students or designee shall have the authority to review any decision of the Judicial Review Board regarding responsibility, and may reverse or modify any decision. The Dean of Students or designee will decide what, if any, sanctions are appropriate.

Procedures

Notice

Prior to answering charges before the Judicial Review Board, the student will be informed in writing of the specific charges which will be addressed at the disciplinary hearing. Such written notice will be provided in sufficient time (no less than three days prior to the hearing) to ensure the student an opportunity to prepare for the hearing.

Disqualification

No member of the Judicial Review Board who is otherwise interested or involved in a particular case shall participate in a matter. This disqualification shall be at the discretion of the majority of the Review Board. If a member is disqualified, the matter may be handled by the remaining and available members of the Review Board, or an alternate may be appointed.

Right to Assistance

A student appearing before the Review Board has the right to choose a support person from within the Saint Michael’s College community to assist throughout the process. No legal counsel nor family members will be allowed as support persons. Campus support persons may attend hearings in a non-speaking, supportive role.

Proof and Process

The Board will determine whether it is more likely than not that the potential violation occurred. Accused and accusing students, and anyone bringing a complaint forward, will be allowed to make an opening statement, to respond to questions from the Board, and to make a closing statement.

Right to Appeal

Students found responsible for violations have a right to appeal the board’s determination regarding a violation and/or the determination of sanctions. Within 10 working days after the student receives notification of the decision, the student may file an appeal. The appeal must be submitted in writing to the Vice President for Student Affairs and state the grounds of the appeal. Upon receipt of an appeal, the Vice President for Student Affairs may review the matter as they deem appropriate. The decision of the Vice President for Student Affairs is final.

Student Status Pending Final Action

Pending final action on the charge, the student’s status shall not be altered in any way unless the Dean of Students or designee determines that the student’s continued presence in class or on-campus might endanger his or her own safety or well-being, or that of other members of the College community. Appeals of a change in status pending final action may be made to the Vice President for Student Affairs, within 3 work days of the challenged decision.

Residential Review

A residential review/ is an administrative hearing where a student’s behavior is discussed with members of the Dean of Student’s Staff. A Residential Review Conference will be called for more serious or repeat offenses of the Student Code of Conduct. Appropriate expectations and sanctions will be discussed with the student. Results of a Residential Review may be presented to the Dean of Students or designee for referral to the Judicial Review Board. Various combinations of professional and graduate level staff will be assigned at the College’s discretion to conduct residential reviews.

Administrative Hearing

An administrative hearing is a hearing in which a student’s behavior is discussed with sanctioning officers from the Office of Community Standards and Student Conduct. Appropriate expectations and sanctions will be discussed. The vast majority of violations of the Student Code of Conduct are addressed at this level.