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Student GuideDisciplinary ProceduresResponsibilities of Individual Members of the Community Each member of the Houghton College community is expected to assume responsibility for his/her conduct and also to feel a reasonable Christian responsibility for the behavior of others. On occasion this will involve kind, courteous admonition when one member observes another in inappropriate conduct. On occasion it may involve cooperation when the proper authorities are investigating instances of alleged misconduct. Student Disciplinary Rights & Responsibilities A student reportedly involved in misconduct shall be guaranteed and informed of the following rights: a) To know the charges. b) To have counsel of an advisor from within the college community at all times, including during the preliminary investigation. c) To receive reasonable due process. d) To have a reasonable time to prepare for a hearing. e) To request a private hearing when more than one student is involved. f) To receive the decision in writing. g) To appeal the decision if the appeal is made within 48 hours of written notification of the decision. h) To present in writing the names of other people who have pertinent information regarding the particular disciplinary issue. Dean of Students Vice President for Student Life The Vice President for Student Life is designated by the Houghton College Constitution as the administrator responsible for student discipline. The VP advises the Judicial Committee, adjudicates cases of misconduct, hears appeals, and is responsible for fostering good communication about such matters within the college community. These responsibilities are shared by designated members of the Student Life Leadership Team (SLLT). Judicial Committee a. The faculty shall elect three members yearly, one of whom must have served on the committee the previous year. Both genders shall be represented. b. The Student Government Association shall elect four members from the student body. Both genders must be represented; one shall have served previously; no more than two may be seniors. c. The Vice President for Student Life or a member of his/her staff shall serve as a consultant to the committee. d. The committee shall select its own chairperson. e. The committee shall both review incidents of misconduct and serve as an appeal board as defined below. It shall also make recommendations through the Student Life Council to the Faculty regarding existing judicial policies and regulations. f. A quorum shall be comprised of a minimum of two faculty members and three students. g. The committee shall make its recommendation regarding an incident of misconduct to the Vice President for Student Life or to the member of the VP’s’s staff acting as consultant to the committee.
Judicial Procedures I. Initial Information A. Alleged violations of the Statement of Community Responsibilities requiring more than counseling by faculty, staff or peers may be reported by any member of the community to the Student Life Office. B. The source of information shall remain confidential insofar as possible. II. Investigation The office of student life shall assume responsibility for the preliminary investigation of the alleged incident. 1. The matter shall be discussed with the student. 2. All pertinent sources of information shall be consulted in order to determine the validity of the initial information. The student in question shall have the right to an advisor of his/her own choosing from within the community during the investigation. * The Vice President for Student Life shall have the power to suspend a student in extraordinary circumstances pending final adjudication of the case. In cases in which the investigation indicates that there was no violation of community expectations or that there is not enough supporting information to accuse the student of a violation, the Vice President for Student Life may dismiss the case without disciplinary action. III. Referral of Cases A student’s first violation of the college’s disciplinary policies shall be adjudicated by the Vice President for Student Life or a designated staff member, except in unusual cases when the VP will have the discretion of referring a first violation case to the Judicial Committee. All repeated violations (of any behavioral expectation, not necessarily the same behavioral expectation) shall come directly before the Judicial Committee to be adjudicated in accordance with Judicial Procedures (V. and VI. of this document). The only exception to this would be cases involving unusual circumstances where a more public knowledge would interfere with disciplinary action. In such cases, the student may make a request to the Vice President for Student Life that he/she adjudicate the case. Upon the VP’s approval of this request, the case will be adjudicated by the Vice President for Student Life. In such cases, the VP must inform the Judicial Committee that this waiver was used and state briefly the nature of the cause. IV. Hearing with the Vice President for Student Life Hearings conducted by the Vice President for Student Life or a member of his/her staff have no less importance than hearings with the Judicial Committee, but may be less formal in nature. Rights guaranteed by the judiciary process will be assured and a commitment to basic fairness is the underlying principle. V. Preparation for the Judicial Committee Hearing The chairperson of the Judicial Committee shall determine the time and place for the hearing and shall inform the members of the committee. At least 48 hours in advance, the student shall be informed of the time and place of the hearing, of the charges against him/her, and of his/her rights, by written notice being placed in the student’s CPO box and by e-mail notification. (The 48-hour period begins when the notice is placed in the box and the e-mail sender is notified through receipt received that the message is in the student’s inbox.) By mutual consent of the chairperson and the student, the time can be shortened. C. The student in question shall have the
right to an advisor of his/her choosing from within the community during the
hearing. D. On occasions in which the incident of alleged misconduct involves more than one student, the committee reserves the right to consider cases separately or jointly, subject to the request of the student(s) in question for private hearings. VI. Judicial Committee Hearing Procedures A. The Judicial Committee shall meet at the beginning of each school year and establish a weekly meeting time. On those weeks when no business needs to be conducted, the chair will notify members of cancellation by noon of the meeting day. B. The chairperson shall establish the agenda for the meeting. C. The hearing shall be conducted in such a manner as to do justice and shall not be unduly restricted by the rules of procedure and evidence. D. The charges shall be presented by a member of the staff of the Vice President for Student Life. E. In recommending disciplinary actions the committee shall consider information pertinent to the alleged incident, the attitude of the student, and his/her previous behavior. F. All other parties, including the Vice President for Student Life, his/her staff, and the student in question shall be simultaneously excused from the hearing room when the discussion has been completed. The Judicial Committee reserves the right to request that any person remain to answer questions about the case. The committee shall render its judgment regarding the guilt or innocence of the individual(s), if applicable, and the disciplinary action, if any, to be recommended to the Vice President for Student Life. Only Judicial Committee members should be present during the deliberation. If the VP makes a ruling different from that recommended by the committee, he/she shall report the same to the committee with a rationale within 24 hours. The decision shall be reported to the student by a member of the staff of the Vice President for Student Life within 48 hours. The notification shall include all information pertinent to the decision and to the student’s right to appeal. This may be done orally, and it shall be reported in writing by the close of the second business day following the hearing, even if already reported orally to the student in question. Appeals Any disciplinary action within the Houghton College community may be appealed. A decision made by a residence hall director may be appealed to the Vice President for Student Life or to the Judicial Committee. A decision made by the Vice President for Student Life may be appealed to the Judicial Committee, which shall either uphold the VP’s decision, or recommend that he/she review and modify his/her decision. A decision made by the Vice President for Student Life after recommendation of the Judicial Committee may be appealed to the president of the college. The decision of the president shall be final. Any appeal shall be made within 48 hours of receiving written notification of the previous decision. The appeal hearing shall be scheduled by the Vice President for Student Life. Those present at the hearing shall include the person making the appeal, an advisor of his/her choosing, the person who has made the decision being appealed, the person or committee to whom the appeal has been made, and any other persons needed as sources of information. Each side shall make its case and then both shall retire. The VP, the committee or the president, as the case may be, shall make a decision and report the same in writing to both parties within 48 hours. Disciplinary Sanctions Discipline is designed to help the student to assume responsibility for him/herself as a mature Christian in today’s society. It is intended to be developmental rather than merely punitive. All repeated violations of any type (not necessarily the same type) will result in significant disciplinary sanctions. I. Reprimand is a formal reproof and implies that the student’s behavior was inappropriate and is not to be overlooked. A situation requiring a reprimand provides residence life or student life personnel the opportunity to work with the student in making changes that are necessary for continued participation in the college community. The written reprimand may take the form of developmental or behavioral contract. The duration of the censure shall be designated in writing. The letter may remain in the student’s file until graduation. II. Restitution/Fines means that the offender is required to make reimbursement for damage to or misappropriation of property or pay a financial penalty as a disciplinary sanction. It may take the form of appropriate services to repair or otherwise compensate for damage. III. Community Service recognizes that a rift has taken place between the student and the college community and involves opportunity for the student to make a significant contribution of personal service as a means of repairing the rift. The period of time that a student may be required to serve the community will be specified and may vary from a portion of a semester to one full semester. [Note: Either the Vice President for Student Life, the associate dean, the Judicial Committee, the housing director, or the resident directors may impose sanctions I-III] Any of the following disciplinary actions will remain in a file maintained for one year after the student graduates or five years if a student does not graduate from Houghton College. IV. Restriction is the limiting or removing of certain privileges of participation in the usual activities of the campus. This may include any or all of, but not limited to, the following: open house privileges, participation in intramural and/or intercollegiate sports, serving in a student leadership position, participation in plays, musical groups or ensembles, acting as a representative of the college, and marching in commencement exercises. The duration of restriction shall be specified. V. Disciplinary Probation is required after repeated incidents or violations. This provides opportunity for student life personnel to work with the student in making changes that are necessary for continued participation in the Houghton College community. The length of probationary period shall be defined. The student on probation is notified in writing that any additional offense of any kind shall result in immediate suspension or dismissal, or a Judicial Committee hearing. Students on disciplinary probation are ineligible for townhouse or apartment placement or a community living option. [Any violation of the Statement of Community Responsibilities, or residence life policies, failure to meet chapel attendance expectations, or academic dishonesty will constitute additional offense.] VI. Suspension is temporary severing of the student’s connection with the college for a definite period of time; the period will vary from a portion of a semester to one full semester. It includes his/her right to return, without formally requesting re-admission, at the end of the stated period. The suspension may be followed by a period of disciplinary probation. Students are subject to the academic consequences of missing work as a result of disciplinary action. Faculty are not obligated to permit make-ups of missed assignments and examinations in such cases. VII. Requested Withdrawal involves asking a student to withdraw or not to register for the following semester. Persistent and flouting of attitude and conduct may lead to the student being asked to leave. The reasons shall be given in writing. If re-admission is desired later, a student must reapply to the Admission Committee. VII. Deferred Dismissal severs the student’s connection with the college at the end of the current semester. The deferred dismissal will be used to minimize the severe academic and financial penalties concomitant to a mid-semester dismissal. The deferment process can take two forms: 1) The student may elect to finish out the semester, or 2) The student may elect to use it as an opportunity to recommit to the Houghton community. At the close of the semester and the deferment period, the Judicial Committee may be convened to reconsider the dismissal. The impetus for this meeting will rest wholly with the student. Under either scenario, any additional violations of the Statement of Community Responsibilities or other college policy during the deferment period will result in immediate dismissal. The deferment protocol will be as follows: The student notified of a deferred dismissal will be given one week to decide whether to: 1. Accept the dismissal and leave at semester’s end; 2. Appeal the decision; or, 3. To submit a behavioral contract. Should the student elect option #3, he/she will be required to develop, submit and fulfill a contract of specific terms and expectations to meet in order to demonstrate that a change in behavior has taken place. Guidelines and suggestions for writing the behavioral contract will be provided to the student at the time of deferred dismissal notification. The student will bring to the hearing appropriate documentation and witnesses, including a member of the residence life staff and an accountability partner or mentor who can attest to a change in behavior. (The same residence life staff member may fulfill both roles.) The Judicial Committee will be presented with the ways in which the student has contributed to the community life and will have the opportunity for questions about the student’s motivation to recommit. Following the hearing, the Judicial Committee meets alone and then renders a decision. To the extent possible, the decision is based on the evidence and the testimony of the student showing a changed heart and a restored commitment to the community. Should the committee’s decision be that the student’s ties to the college be severed, that decision will be final and the dismissal will be effective at the close of that semester. IX. Dismissal indicates that one’s status as a student is terminated for a period of time to be determined after the disciplinary hearing. This may be immediate or postponed until the end of the semester. The student may not return to Houghton College without applying for readmission. Such action is noted on the student’s personal record. [Note: Only the Vice President for Student Life, associate dean, and the Judicial Committee can impose Sanctions V-IX] DISCLOSURE STATEMENT The college reserves the right to inform parents or legal guardians of disciplinary violations in the following instances: 1) The disclosure is to a parent or legal guardian of a dependent student as defined in Section 152 of the Internal Revenue Code; or 2) The disclosure is to a parent or legal guardian of a student who violated any law or any rule or policy of the college, governing the use or possession of alcohol or a controlled substance, if the student is under age 21. The college may disclose the final results of any disciplinary proceeding against a student in connection with an alleged crime of violence or non-forcible sex offense to anyone, including members of the general public, if the college determines that the student committed a violation of its rules or policies with respect to such crime or offense. For purposes of the preceding sentence, the phrase “final results” includes only the name of the student, the violation committed, any sanction imposed by the college on the student, and names of other students (such as victims or witnesses) upon the written consent of each such other student. The college does not routinely notify parents or guardians of pending disciplinary action but may do so if in the best interests of the student, or in connection with an emergency where knowledge of such information is necessary to protect the health or safety of the student or other persons.
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