| Procedural Standards
In Disciplinary Proceedings
Trinity University recognizes
its responsibility to protect its institutional purpose by setting
standards for scholarship, conduct, and use of its facilities. In
fostering responsible student conduct, policies that govern disciplinary
proceedings play a role along with example, counseling, and admonition.
Proper procedural
safeguards will be observed that are intended to ensure proceedings
that are fundamentally
fair to all parties involved and to protect students from imposition
of unfair penalties in all situations. Decisions are based
on the greater weight of the credible evidence presented at the hearing. Procedural fairness requires
that the students at Trinity University be
informed of the nature of the allegations against them and that they be given a
fair opportunity to refute such allegations and
there be provisions for review of
decisions.
A. Standards
of conduct expected of students
- Trinity University
has an obligation to clarify those standards of behavior that
it considers
essential to its educational
mission and community life. These
standards will represent a reasonable set of regulations that
govern student conduct, while permitting the Trinity student
to be as free
as possible from limitations that have no direct relevance
to the student's education. Disciplinary proceedings
will be instituted only for infractions of standards of conduct
which should be set
forth in the "Trinity University Student Handbook" and available
to all students. Students have the responsibility to read the Handbook and
to abide by its provisions. Offenses,
along with maximum penalties, will be defined and reasonably
applied.
- Major
standards of conduct, the violation of which may lead to suspension
or expulsion from the
University, will be formulated by a committee composed of the vice
president for Student Affairs, another Student Affairs staff member,
three faculty members selected by the Faculty Senate, and three students
chosen by the Association of Student Representatives. The
faculty members will serve three-year terms arranged so that one
member's term ends each year. The committee will meet at
least once a year to
ensure that necessary corrections or additions are made in the "Trinity University
Student Handbook" so that it continually meets the needs of the
University community.
B. Investigation of student conduct
- When necessary, Trinity University officials
may be directed to
investigate allegations of student misconduct. Members of the Trinity University community
are expected to cooperate by responding to correspondence, attending hearings
as requested, and following
procedures as outlined in the "Trinity University Student Handbook."
- Rooms or premises occupied
by students and personal possessions of students will not be
searched except in extreme
circumstances (usually related to safety). Any exceptions must be authorized
in writing by the vice president for Student Affairs or
the dean of students and must specify the reasons for the search and
the objects and information sought. The student should be present,
if possible, during a search.
C. Status pending final action
Pending final action on the complaint, the status of the student will not be altered, nor will his/her right
to be present on the campus and to attend classes be suspended, except for
reasons relating to his/her physical or emotional
safety and well being, for reasons relating to the safety and well being of
student, faculty and other members of the University, or
when the continuing presence of the student poses a danger to persons or
property, or poses an ongoing threat of disrupting the academic process
or any activity
authorized by the University. In such cases the vice president for
Student Affairs or his/her designee has the authority to take interim action
pending
the final action.
D. The
Student Conduct Board and hearings
- Any person or agency
of the University may file a complaint alleging a violation of
the University's standards
of student conduct, published in the Trinity University Student Handbook. The Student
Conduct Board is authorized to investigate any alleged violation of standards of student conduct, except in the cases listed
below, as determined in consultation with the dean of students. (All
other cases are heard by the University Conduct Board.)
a. Offenses where felony
prosecution is anticipated or possible.
b. Offenses that arise
while the Student Conduct Board is not in session (for example during
semester break or summer sessions).
c. Offenses that are
extremely embarrassing to some concerned party.
d. Offenses that are
particularly volatile in nature.
e. At
the discretion of the dean of students and the chair of the Student Conduct
Board, some incidents
may be referred to the Residential Life staff. (Such cases tend to be minor
in nature. The Residential Life staff has the authority to issue limited
sanctions.)
- The Student Conduct
Board will consist of eight members from the student body selected
by the Association
of Student
Representatives and appointed by the president of the University. There
will be, at the time of service, at least one sophomore, one junior, and one
senior member. At least five members will be, at the time of service,
residence hall students. One member from the junior or senior class will
be designated chair of the Student Conduct Board by the Association of Student
Representatives at the time of the appointments. Student Conduct Board
members will have, at the time of service, lived in residence halls at least
one year. The term of office will be one year and the members of the
Student Conduct Board may be removed only when found responsible for any infractions
of University policies. This decision will be the responsibility of
the president.
- Formal
authority of the Student Conduct Board will be invoked when any person
files with the
Student Conduct Board a written complaint stating the violations alleged. The
Student Conduct Board will have authority to determine responsibility based
upon the results of investigations and/or hearings and to impose appropriate
sanctions. The Student Conduct Board will seek relevant information
from all available sources.
- Each case is assigned to a presiding
(non-voting) chair who will investigate the case and conduct
the hearing, but will not
be present while the decision
is made and the sanction, if necessary, is decided. The decisions of
the Student Conduct Board will require a majority of four votes regardless
of the
number of members hearing the case.
- The dean of students shall serve as
the advisor to the Student Conduct
Board. S/he is responsible for the operations of the Student Conduct
Board and is available to assist both accused
and accusing party(ies) in this process.
E. The
University Conduct Board and hearings
- The University Conduct Board hears cases that
are not heard by the Student
Conduct Board.
- The University Conduct Board will consist
of two faculty members, two
faculty member alternates, and one student. The student member will be
appointed on a rotating basis from the current Student Conduct
Board by its chair. The faculty members will be recommended by the
Faculty Senate and appointed by the president for a three-year term.
- The dean of students
serves as the presiding chair of the University Conduct Board.
S/he is a non-voting member and
serves as an advisor on the process to the accused student(s),
the accusing party(ies),
and others involved in the process. The dean of students presides
over the hearing, but will not be present while the decision is made and
the sanction,
if necessary, is decided.
F. Procedures
for the Student and University Conduct Boards
The Student and University Conduct Boards will conduct
their hearings according to the following procedures:
- Students will be sent a notification
letter that includes a list of all possible University standards
of student conduct
that may have been violated
and that refers students to procedures as outlined in this
section of the "Student Handbook." The notification will be sent
a minimum of 96 hours prior to the meeting date of the Conduct Board.
- Any student accused of violating University
standards of student conduct, or any student presenting a case
before a Conduct Board,
may submit
a written request no later than 48 hours prior to his/her hearing date
that the Conduct Board call witnesses on his/her behalf. The written request must
include a brief statement of the information each witness can
provide. The presiding chair has the discretion to decide which witnesses
will be called to the hearing. Students will be informed in advance and in writing
of all participating witnesses. Any challenge to the final list will be
heard by the entire Conduct Board, whose voting members will then make the final
determination as to which witnesses will appear in the hearing. If
the presiding chair does not accept a witness, he/ she will include a brief
written
reason with the
record of the hearing.
- Student(s) accused of violating University
standards of student conduct will have access to all written
records (including but
not limited to incident
reports, letters, Campus Safety reports, and witness statements). Accused
student(s) may receive copies of reports, but identifying information of
other parties will be redacted from the documents.
- An audio recording will serve as the
single verbatim record of
all hearings. The hearing tape is the sole property of
Trinity University. Any student who has a right of appeal in the case has
the right to listen to this audiotape, but will not be provided a copy nor may
s/he make a copy or remove the tape from the dean of student's office. No
court reporters or additional recording devices are permitted at the
hearing. The recording of a hearing will be made available to the Conduct
Review Board at their request. Recordings of hearings will not be
destroyed until it is certain that the decision of the Conduct Board will
not be appealed
to the Conduct Review Board or to the President of the University or that
any such appeal process has been concluded
- Within five class days, a designated
member of the relevant Conduct Board will send out a written decision
to the accused student(s) and relevant University officials that
summarizes
the reasoning
of the Conduct Board and details the sanctions (if applicable). This
summary will include a review of facts, witnesses heard, information
determined to be credible, information used on which to base the decision,
and reasoning
for the sanction.
- Accused student(s) have the right to
be present during the hearing. However, if accused student(s)
choose not to attend the hearing, a decision may be made without
his/her presence.
- Any student appearing before a Conduct
Board in any capacity may bring a person of support. This support person does not have to be a member of
the University community. S/he may be present for purposes of advice
and support but may not speak on behalf of the student unless s/he is a
previously
designated witness.
- All hearings are closed to the public,
except for the person(s) accused of violating policy, witnesses,
the accusing party(ies),
support person,
the Conduct Board, the board advisor, referring staff, and other University
officials as approved by the vice president for
Student Affairs. Any party in a hearing may petition the Conduct Board
for an open hearing up to 24 hours in advance of the hearing. Such a petition
should state the reasons an open hearing is requested. All parties
involved in the case will be permitted to express opinions about the petition
before the
Conduct Board decides the hearing status.
- Hearings
will generally begin with a reading by the presiding chair
of relevant
documentation. Those who have submitted the documentation or are primary
witnesses will make opening remarks followed by opening remarks by the accused
student(s). The Conduct Board will ask questions of participants and witnesses. All
parties in the hearing may pose questions to other parties through the Conduct
Board. Participants will be asked to make closing remarks.
- All parties in a hearing are expected to act
with proper decorum.
G. Conduct Review Board and review procedures
- Accused student(s) and accusing party(ies)
have the right to ask the Conduct Review Board to review the
decision of either Conduct
Board. Such
a request shall be submitted in writing to the chair of the Conduct Review
Board within five class days of the date of the written decision. The
filing of a request for review will stay the enforcement of previous
decisions except in the most unusual circumstances.
- The Conduct Review Board will consist
of three members of the faculty recommended by the Faculty Senate
and appointed by the
president and three
members of the student body recommended by the Association of Student
Representatives and appointed by the president. The senior member of the faculty (in
point of rank and continuous service at Trinity) will be chair of the Review
Board. The Association of Student Representatives will designate
alternate student members, and alternate faculty members will be chosen
from faculty
members who have served previously (ranked in priority, beginning with
the most recent service on the board).
- .a. In any case where there is
a suspension or expulsion, there will be a review by the president
after all appeals
have been exhausted.
b. Save
for the extraordinary authority of the Board of Trustees, the judgment
of the Con- duct Review
Board is final on all questions of substance and procedure and its decisions
binding
on all individuals, officers, and agencies of the University. The
dispositive authority of the Conduct Review Board shall not prejudice
the executive powers of the president of the University including executive
privilege of
granting pardon or clemency.
- The rendering of a final decision
will require a simple majority of the membership of the Conduct Review
Board. Tied
votes will have the effect of sustaining the decision under review.
- The Conduct Review Board will make its
decision based only upon documents from, or related to, the hearing
(such documents include,
but are not limited
to, the written decision of the original Board, written statements by parties
involved in the hearing, and incident reports). The Conduct Review
Board may ask the presiding chair to be present during a review.
- The reasons accused or accusing party(ies)
may request a review are:
a. Clearly erroneous findings of
fact.
b. Significant procedural irregularities that denied the
student a fair hearing.
c. Substantial new information not available at
the time of the original hearing.
d. The information presented at
the hearing was clearly insufficient to support the finding.
e. The sanction
is unreasonably harsh or lenient.
- The Conduct Review Board will
determine one of the following:
a. The previous decision stands.
b. The case is dismissed due to significant
irregularities.
c. The case is remanded to the University Conduct Board
for rehearing. If the University Conduct Board heard the case originally,
alternate faculty and students
will conduct the rehearing.
d. The sanction is adjusted.
e. In all cases of reversal or
remand the presiding chair will provide a written report
of the reasons for such decision.
H. Appointments
and Service
Members of the Student Conduct Board, University
Conduct Board, and the Conduct Review Board will be appointed during the spring
semester prior to their terms of service. During
orientation sessions conducted by the dean of students each fall, the members
will swear to uphold the Joint Statement, rules, regulations, and policies
of Trinity University, and to make fair and impartial decisions.
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