Student Conduct Intervention (Disciplinary) Processes

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The student conduct intervention (disciplinary) processes at Andrews University guarantee fundamental fair play to the accused student. The president is responsible for the enforcement of the policies and regulations of the University.

• The president delegates authority to the provost for the application of the academic and non-academic (student conduct) policies and regulations.
• The provost along with the academic deans applies academic policies and regulations.
• The provost delegates to the vice president for Student Life the application of non-academic policies and regulations relative to student conduct.
• The vice president for Student Life may delegate to Student Life personnel or other appropriate individuals the administering of discipline for student conduct violations of the Community Values Agreement and the Code of Student Conduct.

Reporting Violations of the Code of Student Conduct
Reports of misconduct are generally directed to the Student Life office. Anonymous reporting is discouraged, as it will seriously limit the University’s capacity to investigate the report. Students and staff are encouraged to share such information personally with a Student Life administrator, Student Life dean or residence hall dean and trust that careful consideration and discretion will be given to determine the best course of action.

Student Conduct Processes
When a report is made regarding a violation of the Code of Student Conduct, the Student Life dean or designee of the vice president for Student Life initiates a hearing and an initial investigation. The Student Life dean or designee meets with the student to (a) share the alleged report of the violation, (b) provide an opportunity for the student to give their own account of the events, verbally as well as in writing, (c) seek relevant information in order to establish a factual pattern and (d) offer care and insight in the restorative and intervention processes. If there is lack of clarity or confirmation regarding the alleged report, further investigative efforts will be considered and implemented where appropriate. When a student is not able to be on-campus, the established processes may vary.

University Intervention (Disciplinary Response)
In determining an appropriate response to a violation, consideration will be given to the nature of the incident, the results of the hearing and investigation, and the student’s conduct record and influence on campus, as well as to established University protocols and responses.

Minor misconduct is usually assessed informally, and established protocols are applied. If it is determined that there has been a serious violation of a University regulation, decisions for probation and suspension are generally made by the Student Life Deans Council or designee acting by authority of the vice president for Student Life. The vice president for Student Life will be consulted before all major student conduct suspensions of one semester or more are finalized. The vice president for Student Life will consult with the provost before a dismissal is finalized.

University processes are not legal proceedings. Therefore, students may elect to seek counsel from an attorney at their own expense. However, attorneys are not permitted to speak or otherwise participate in formal University proceedings.

Andrews University may inform the undergraduate student’s parent/guardian of violations of University policies and the resulting consequences. Disciplinary actions and deliberations are not ordinarily made public.

Depending on the severity of the situation, any one of the following steps of probation, suspension, withdrawal or dismissal can be selected or bypassed.

Citizenship Probation
A Student Life professional may place a student on citizenship probation for a violation of the Code of Student Conduct for a designated period of time that generally spans 15 weeks. The probation may also be a part of a response that also includes suspension. As part of a probationary status, privileges such as student leadership offices and/or participation in campus activities are usually removed. Honor, curfew and overnight leave privileges may also be removed for residence hall students. In general, a student on citizenship probation should expect that any further disregard of the Code of Student Conduct will result in a more serious response including suspension, withdrawal and dismissal.

Suspension
The Student Life Deans Council generally determines the University responses to violations of the Code of Student Conduct including suspensions. In special circumstances, such as to facilitate the safety and wellbeing of a student or members of the University community, an interim or provisional suspension may be activated by the vice president for Student Life or a designee.

There are several types of suspensions and timeframes involving separation from classes, activities and the University.

Timeframes. At the discretion of Student Life personnel, the suspension timeframes may be as follows:

1. For a definite period of time
2. For an indefinite period of time
3. Interim or provisional period of time pending the outcome of an investigation or until a specified condition is met after which the student may apply for reinstatement of the privileges of being a student. Note: this action assumes no determination of responsibility or guilt, and the disciplinary proceedings to determine if there was a violation of the Code of Student Conduct will be held as soon as possible.
4. A deferred suspension may be for a definite period of time that is served at a later period of time, such as when the violation may occur at the end of a semester.

Locations and restrictions. At the discretion of the Student Life Deans Council, the terms of suspension may generally be as follows:

1. Off-campus Suspension Components

• Longer-term (ranges from remainder of the semester to two years)
• Suspension is served at student’s off-campus home or off-campus location
• Suspension from attending classes, organized campus activities, and work; may include a Student Life issued ban from visiting the campus for any purpose or a formal campus ban issued by Campus Safety
• If the suspension occurs prior to the last scheduled date to withdraw from classes, the suspended student may be given the opportunity to complete the formal exit/withdrawal process to receive “W”s. Receiving grades, incompletes or deferred grades is not an option. Partial tuition refunds are potentially available only early in the semester and as established in the “Andrews University Bulletin.” All exceptions are made by the student’s Academic Dean
• Citizenship Probation and other restorative and educational interventions and expectations upon reinstatement and return

2. On-campus Suspension Components

    a. Out-of-Class Suspension

• Shorter-term (3–5 days within a semester)
• Suspension is served while student remains at their current residence
• Suspension or separation from attending classes, organized campus activities and work, etc.
• Citizenship Probation
• Voluntary Service
• Other restorative and educational interventions

2. In-Class Suspension

• Shorter-term (two weeks within a semester)
• Suspension is served while student remains at their current residence
• Student is required to faithfully attend classes, but a portion of their time and activities is suspended in order to engage the student in a student success and intervention plan
• Supervised academic success program (and related fees) or voluntary service (15 hours)
• Citizenship Probation
• Mentoring with a Student Life dean for a minimum of six weekly sessions
• Other restorative and educational interventions

Further disregard of University expectations could result in a student being asked to withdraw or being dismissed.

Withdrawal
A student who consistently disregards University policies, is insubordinate or who is involved in a single major violation of the Code of Student Conduct may be asked to withdraw from classes immediately or at the end of a semester. A student who willingly withdraws may be considered for readmission after an absence of one semester or more. Refusal to withdraw may result in formal suspension or dismissal.

Dismissal
A student who is dismissed is generally permanently separated from the University. Transportation costs incurred in relationship to suspensions, withdrawals or dismissals from the University are the responsibility of the student or parents/legal guardians.

Appeal Processes for Student Conduct Intervention (Disciplinary) Responses   
An appeal is not granted as a new review of the case and/or in response to general dissatisfaction with the outcome of a disciplinary case. The limited grounds on which students may seek an appeal are one or more of the following:

1. To consider new information that could impact the findings that was not available at the time a decision was made
2. Procedural error that may have impacted fairness, etc.
3. The University response or consequence was clearly disproportionate to the violation

Responses to violations of the Code of Student Conduct that are at the level of probation or below do not fall within the formal appeal process.

Request for an Appeal
The formal request for an appeal to student conduct intervention responses should be directed to the vice president for Student Life within seven calendar days of receiving notice of the decision. The appeal must consist of a concise written statement outlining the grounds for the appeal as described above. The vice president for Student Life will review the request in consultation with the provost to determine if there are valid grounds for the appeal. The student will be notified by the vice president if the request for an appeal has been granted (or denied) and of how the appeal process will unfold.

The Process
If the appeal process is granted, the vice president for Student Life will facilitate and coordinate the process. Given that the student in most cases has already had a face-to-face hearing with a Student Life dean, the appeal process does not generally provide a second opportunity for a face-to-face hearing.

The appeal process may be returned to the Student Life Deans Council, especially in cases where there is new and relevant information.

The appeal will generally be directed to the Citizenship Appeals Committee—which is a broadly representative group comprised of faculty and Student Life staff. The vice president for Student Life appoints one of the faculty/staff members as chairperson. The vice president gives the student the opportunity to select an advocate. Advocates generally will be individuals from within the University’s faculty or staff, as long as they are not a relative of the parties involved. Advocates may accompany the student to a hearing with the Student Life Deans Council or to the Citizenship Appeals Committee. The advocate may not direct questions to or otherwise address the Council deliberating the case. However, the advocate may consult with the student that they are assisting throughout the processes.

The Citizenship Appeals Committee will meet as called by the vice president for Student Life to consider appeals to serious disciplinary action. In addition, the Citizenship Appeals Committee may be called to meet to determine an appropriate disciplinary action in unique situations or cases in which the investigation does not result in the appropriate level of clarity or confirmation.

The Citizenship Appeals Committee can uphold the original findings, alter the findings, and/or alter the disciplinary sanctions. The decision of the Citizenship Appeals Committee will generally be final.

Only in rare cases can an additional appeal be made to the Office of the Provost. Such an appeal would involve a review of pertinent documents and would not offer an additional hearing. (Note: suspension for violation of attendance policies is automatic and is not subject to appeal.)

Graduate Students
The vice president for Student Life will collaborate with Student Life personnel, the graduate program director, and the student’s academic dean to facilitate requests for appeals to student conduct intervention (disciplinary) actions. The Office of the Provost is the place of final appeal for all graduate students.

University Authority and Civil Penalties
The University will cooperate fully with law enforcement and other agencies in the enforcement of the law and the conditions imposed by the courts. When a student is charged by federal, state or local authorities with a violation of a law, the University will not request or agree to special consideration for that individual because of his or her status or former status as a student. If the offense is also subject to a sanction for a violation of the Code of Student Conduct, however, the University may elect to advise off-campus authorities of the existence of the Code of Student Conduct and how such matters are generally handled internally within the University community. Individual students, faculty and staff members, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

A student who is charged with violating the law may incur penalties prescribed by the University in addition to those prescribed by the civil authorities when the Code of Student Conduct has been violated. Depending on the circumstances, the University may proceed with, or postpone, its inquiries or investigations while a criminal investigation is underway. The University reserves the right to proceed in a manner which best protects its students or its interests.

If a residence hall student is accused of violating a federal, state or local law, when requested by the student’s parents and legally permissible, after consultation with the vice president for Student Life, a short-term loan of up to $500 may be acquired for a bond.