Student Disciplinary Process

Community Commitment Pledge: "As a member of the Belmont University community, I commit myself to affirm individual worth, uphold personal integrity, apply critical thinking, practice self-control and accept community responsibility. In committing myself to these principles, I agree to exemplify behavior which is consistent with the university's Community Code of Conduct."

Philosophy: The Belmont University mission states that we enable "men and women of diverse backgrounds to engage and transform the world with disciplined intelligence, compassion, courage, and faith." In order to prepare students for this mission, the university upholds high ideals and expectations for each member of the campus community. These ideals are expressed in the university's Community Commitments and various institutional policies. Belmont University's disciplinary process is designed to be a part of the educational mission of the University, one that focuses on upholding the commitments inherent in the Belmont community. The disciplinary process teaches all members of the university appropriate and expectable behavior within a community.

The university provides a disciplinary process in which members of the Belmont community may resolve violations of commitments and policies with mutual respect for one another while fostering relationships. These relationships help to create an environment of accountability holding members of the community responsible for their actions with the ultimate goal of encouraging and fostering the personal growth and development of each student. Throughout the process, students are the priority.

Guiding Principles: When there are violations of the Community Commitments or the underlying policies, the disciplinary process will be governed by the following:
- Fairness. The process will be consistent, clear, comprehensive, and, when possible, efficient.
- Education. The process, including potential consequences is intentionally designed to be educational. Students are encouraged to consider issues such as responsibility for actions and making wise choices.
- Respect. The process will be characterized by respect for all individuals as well as the community as a whole and the commitments outlined for our campus.

Jurisdiction: Any incident involving student conduct or a student organization's conduct that is not consonant with federal, state, and local laws, community expectations for residential living, the Belmont University Community Commitments, or other Belmont University policies may be addressed by Belmont University. The institution reserves the right to address student behavior off-campus, including behavior of student(s) participating in the university's international programs, when it is determined that the off-campus behavior conflicts with the university and its educational mission.

Authority:
I. Authority for student discipline ultimately rests with the Office of the Dean of Students. Under the direction of the Associate Provost & Dean of Students, professional staff members (administrators, see Section G:III) from the Division of Student Affairs are responsible for implementing the disciplinary process for students.
II. Any member of the Belmont University community may file a Community Conduct Form for an alleged violation with the Office of the Dean of Students.
III. The Office of the Dean of Students and Residential Life reserves the right to choose the appropriate inquiry/conference body (see Section G: III and IV) to adjudicate incidents. Such situations include but are not limited to those in which confidentiality and/or anonymity is of primary importance.
IV. All inquiry/conference administrators and bodies have the authority to consult with other appropriate University officials in order to effectively resolve a Community Code of Conduct case.
V. If a first level disciplinary process is not appealed, that decision becomes final agency action.

University Adjudication Standard: Belmont's disciplinary system is not equal to a criminal or civil court system. The two systems are independent, have different purposes, processes, and standards used to determine responsibility and sanctions; therefore, the procedural defense of double jeopardy does not apply. While some procedural elements may seem similar, Belmont's system is founded on educational philosophies and fundamental fairness rather than criminal or civil court systems.

Due to the standard of fundamental fairness, the principle of due process as defined and used in the civil or criminal court system is not required in educational disciplinary situations.
Standards rules of evidence do not apply in the university's disciplinary process. Information is presented rather than evidence at an inquiry or conference.
Also, in contrast to the prevailing legal standard in criminal matters of determining guilt, "beyond a reasonable doubt" does not apply. To be consistent with comparable adjudication standards of other institutions of higher education, administrators and the Community Conduct Board determines that a student is responsible for an alleged incident when they assess that a preponderance of the evidence supports that conclusion

Due to the difference in standards, Belmont uses specific terminology in its disciplinary process, which is defined in below.

Definitions:
I. Incident. The term "incident" refers to an alleged violation of Belmont Community Commitments and its accompanying policies.
II. Community Conduct Form. The "Community Conduct Form" acts as official university notice for the student and begins the disciplinary process.
III. Student Response. At the time of the incident or within 3 working days, a student is required to make an official response to the alleged violations. Students have three options: A student may choose to:

ACCEPT responsibility for the violations outlined on the Community Conduct Form
NOT accept responsibility for the violations outlined on the Community Conduct Form
ONLY accept responsibility for the some of the following violations and list the accepted violations.

If a student fails to respond, the adjudication process may proceed without a student response to the alleged violations.
IV. Administrator. The term "administrator" means any person authorized by the Associate Provost & Dean of Students or the Director of Residence Life to conduct an inquiry/conference to determine whether a student has violated any university commitments or policies.
V. Community Conduct Board. The Community Conduct Board is comprised of students and at least one faculty and/or staff member that adjudicate student conduct incidents. The Office of the Dean of Students reserves that right to designate this body to conduct particular inquiries/conferences. This board is over seen by the Coordinator of Judicial Services.   The response (See Section G: XI) by a Community Conduct Board will be based on a simple majority vote by the board.
VI. Information Session: A student who is scheduled to meet with the Community Conduct Board is invited to attend an information session, during which the student may view all materials related to the case, receive instructions regarding the disciplinary process and the student's rights, and schedule of the Community Conduct Board inquiry or conference.
VII. Inquiry. The term "inquiry" is a mechanism for adjudicating an incident, when the student contests the allegations and does not take responsibility for his or her alleged misconduct.
VIII. Conference. The term "conference" is a mechanism for adjudicating an incident when the student takes responsibility for his or her actions.
IX. Information. Rather than providing evidence in an inquiry/conference, information is presented for the purpose of clarifying details. Information can be presented in various forms, such as documentation and witness statements.
X. Advisor. The term "advisor" is defined as a member of the university community (i.e. faculty, staff, or peer.) This person may not speak to the alleged violations or on behalf of the student during the inquiry/conference unless called on by the administrator or body conducting the inquiry/conference. No representation by an attorney is permitted regardless of community membership.
XI. Preponderance of Evidence. "Preponderance of evidence" means that the information, as a whole, shows that the fact(s) supports the conclusion that it is "more likely than not" that the student engaged in the alleged incident.
XII. Response or Judicial Outcome Letter. At the conclusion of a judicial inquiry/conference, the student will receive a response from the adjudicating body. In this response, the body will determine responsibility (See Section G: XIII) and if found responsible determine sanctions. The response will try to be provided verbally, but always provided in writing to the student within a reasonable amount of time.
XIII. Responsible and Not Responsible. A student who participates in an inquiry is found responsible or not responsible for the incident, rather than guilty or not guilty.
XIV. Sanctions. Students found responsible for an incident are given sanctions that focus on education, but also may include restitution and in some case a penalty or punishment.
XV. Failure to Comply. Failure to adequately meet the expectation of our Disciplinary Process. Examples include, but are not limited to, failing to comply with instructions, requests, or orders of a university administrator/designee or official university documents, such as Community Conduct Forms and adjudication response/Judicial Outcome Letter. Failure to comply may result in proceeding with adjudication in the student's absence or further disciplinary sanctions, such as a monetary fine and judicial hold.
XVI. Judicial Hold. The mechanism used for compliance among the student population in regards to participation and completion of the disciplinary process. A Judicial Hold is an official stop on a student's university records, which prevents a student from registering, dropping and/or adding classes, requesting transcripts, graduating etc.

Procedures:
I. Notice -
     i. When an alleged incident has occurred, the student shall be given notice of the incident through official documentation.
     ii. Notice shall include the following information: Specific violation including date, time, location; Judicial procedures to be followed by student(s) involved; and Indication of responsibility by student with student signature.
    iii. Notice shall be given by an authorized university official from the Division of Student Affairs, which includes Resident Assistants or members of the Office of Campus Security.
     iv. The university official shall submit a copy of the Community Conduct form to the appropriate administrator and a copy to the student.
     v. Every attempt to give notice at the time of the incident will be made. If the immediate situation does not lend itself to giving notice or only given partial notice, then the student shall be given notice at the earliest time possible but no longer than 2 weeks after the institution has become aware of the incident excluding official university breaks.
     vi. If the student cannot be given notice in person, then notice shall be sent via mail to the local address that the student has on record with the institution.
II. Student Response -
     i. The student must indicate on the Community Conduct Form whether he or she contests the notice of the alleged incident. A student response does not have to occur at the time of notice. If the student does not response at the time of notice, a student must contact the appropriate administrator (indicated on Community Conduct Form) within 3 class days from the date of receiving the notice to make his or her response. The adjudication process will proceed if the student fails to respond in the working days.
     ii. Students are expected to check their mailbox daily and have correct contact information supplied to the university officials.
     iii. Failure or refusal to acknowledge official notice of the alleged incident (i.e. not checking your campus mail, avoiding attempted contact efforts by University officials, etc.) may result in the inquiry being conducted in the student's absence and appropriate sanctions being assigned, if necessary.
III. Adjudication -
     i. There are two pathways for adjudicating incidents. If the student chooses to contest the incident, he or she may choose to have an inquiry. If the student does not wish to contest the alleged incident, then he or she may be required to attend a conference.
     ii. Inquiry:
                   a) An inquiry is a closed meeting involving only those with a reasonable interest in the incident.
                   b) During an inquiry, the student will have the opportunity to review the alleged incident documentation and be presented with the opportunity to respond with information to support his/her side.
                   c) The student will have the opportunity to question any other persons involved in the incident. If the student's incident is heard by the Community Conduct Board, the student may bring others who may have important information. These additional individuals' names must be submitted and approved by the board or administrator 24 hours prior to the inquiry. A student can pick up the Witness Form from the Office of the Dean of Students, which is the proper documentation needed to request that other individual attend a Community Conduct Board inquiry/conference on their behalf.
                   d) Once the student has had the opportunity to challenge or clarify any information or to present additional information, the administrator or Community Conduct Board will determine if violations have indeed occurred and, if so, what the appropriate sanctions shall be. In some cases it may be necessary to schedule a second meeting in order to give the administrator or Community Conduct Board sufficient time to determine a response including any appropriate sanctions.
     iii. Conference:
                    a) When a student has decided not to contest the alleged incident and accepts responsibility, he or she may be required to meet with an administrator to discuss the student's involvement in the incident.
                    b) Based on all information available, the administrator will issue sanctions accordingly or refer the incident to the Community Conduct Board to determine sanctions.
     iv. If a student attempts to cancel a schedule inquiry or conference, he or she must provide official documentation to the appropriate administrator or board supporting a valid reason. Documentation must be submitted 72 hours prior to the scheduled inquiry/conference. The documentation will be reviewed by the appropriate designee prior to granting a rescheduled inquiry/conference. Granting a postponement is at the discretion of the designee.
     v. If a student fails to appear at a scheduled inquiry/conference without attempting to cancel, he or she waives the right to appear at the inquiry/conference and the right to present information on his or her behalf. The student will be accountable for the outcome of the inquiry or conference.
IV. Confidentiality -
     i. Decisions regarding disciplinary matters are confidential and become a part of the student's educational record, and are, therefore, subject to federal regulations set forth in the Family Educational Rights and Privacy Act (FERPA) of 1972.
     ii. Those involved in these inquiries and conferences MUST NOT comment on any aspect of the case or outcome with anyone other than the student involved or the Division of Student Affairs administrators.
     iii. Should anyone involved in the disciplinary process be asked for information, he or she should be aware of his or her duty to refuse comment and instead should refer the question to the Dean of Students for an official statement.
     iv. Persons found to be in violation of the policy will be subject to university disciplinary action. Such disclosure of information is not only in violation of university policy but also of federal statutes.
     v. Federal law permits the release of information regarding sexual harassment or sexual offenses to the victim of the offense.
V. Communication of Response -
     i. Regardless of the path that a student takes through the disciplinary process, all inquiry and conference outcomes will be communicated in writing through campus mail or may be sent through electronic mail to the student's Belmont University electronic mail address and, when possible, in person.
VI. Documentation of Disciplinary Record -
     i. All written documentation related to the incident will be placed in the student's disciplinary file.
     ii. A student's disciplinary file(s) and record(s) will be maintained in the Office of the Dean of Students.
     iii. A student's prior disciplinary record will be considered only during the sanctioning phase of deliberation, not to determine whether or not to find the student "responsible" for the alleged incident.
     iv. All disciplinary files and records will be retained for ten years.
VII. Disregard for Disciplinary Process -
     i. No one shall engage in conduct, which disrupts the proceedings of these bodies or lessens their authority or dignity or otherwise obstructs justice on campus.
     ii. No one shall cause, attempt to cause, or coerce a student to give false information in any inquiry or conference.
     iii. Students shall fully comply with instructions of all components of the Community Conduct Board formed to hear violations of standards of conduct.

Sanctions:
The philosophy behind Belmont University's sanctioning process is education. It is designed to be developmental. Therefore, when students are called to face the consequences of their actions, the primary focus is on assisting the student in learning why the behavior was inappropriate. In determining appropriate sanctions for conduct incidents, the institution is guided by three considerations and their accompanying questions, which are listed below. Through the three considerations, it is believed that a student can learn from his or her experience and grow through the sanctioning process.
Education -
     i. What type of sanction will assist the student in understanding "why the commitment and policy that were violated are important?"
     ii. What impact does the student's behavior have on the individual and campus community?
Restitution -  Does the student need to pay for damages or "clean up any mess" in regards to the incident?
Punishment - Punishment is considered a "volume knob" and serves as a deterrent to future conduct problems.
What types of sanctions are necessary, if any, to either communicate to the student the seriousness of the violation or to signify to the Belmont community that this type of behavior is unacceptable?

Examples of sanctions, includes, but are not limited to:
i. Verbal Reprimand
ii. Written Reprimand
iii. Housing Probation: Housing Probation is defined as a period of time during which any further violation of the Community Code of Conduct puts the student's residential status with the University in jeopardy. If the student is found "responsible" for another violation during the period of Housing Probation, serious consideration will be given to imposing a sanction of Removal of University Housing." Student removed from Belmont housing for disciplinary reasons will be responsible for all housing charges assessed for the semester he/she is removed. Student will forfeit $100 housing deposit." The Handbook for Residential Living 2009-2010, Housing Occupancy Agreement (pg 30). Additionally, the student will be responsible for the complete payment of his/her current meal plan, unless he/she receive an exemption from University Housing.
iv. Work or Service Hours
v. Restitution
vi. Educational Activities
vii. Health and Safety Fines
viii. Reflection Essays
ix. Counseling (formal and information) Sessions
x. Drug Testing
xi. Change or removal from University residence halls
xii. Loss of privilege to move off-campus
xiii. Loss of participation in co-curricular activities
xiv. Institutional Probation: Institutional Probation is defined as a period of time during which any further violation of the Community Code of Conduct puts the student's status with the University in jeopardy. If the student is found "responsible" for another violation during the period of Institutional Probation, serious consideration will be given to imposing a sanction of Suspension or Expulsion. Institutional Probation could potentially affect his/her ability to represent the University in leadership positions or on athletic teams, participation in student activities, entrance into University residence halls or other areas of campus, or contact with another specific person(s).
xv. Suspension from Belmont University - Separation from the University for a specified period, which includes loss of all tuition, fees, and coursework.
xvi. Expulsion from Belmont University - Separation from the University without the possibility of readmission. A student will lose all tuition, fees, and coursework.

Appeals: Any first-level response can be appealed, provided that one or more of the reasons for appeal listed in (Section III below) is relevant to the case. The appellate officer varies depending on the initial hearing body and is outline below. All appellate responses are final; however, rulings of suspensions or expulsions from any university administrator or board are automatically subject to review and approval by the Associate Provost & Dean of Students or Provost.
I. Appellate Officers -
     i. Responses of the Community Conduct Board may be appealed to the Associate Provost & Dean of Students (or designee.)
     ii. Responses of other administrative judicial officers appointed by the Associate Provost & Dean of Students may be appealed to the Associate Dean of Students (or designee.)
     iii. Responses of administrative judicial officers appointed by the Director of Residence Life may be appealed to the Director of Residence Life (or designee.)
     iv. Responses made by the Associate Dean of Students and Director of Residence Life may be appealed to the Associate Provost &Dean of Students.
II. Appeal Requests -
     i. A written request, Appeal Review Request Form, should be completed and submitted to the appropriate administrator, i.e. Resident Director or the Coordinator of Judicial Services (depending on where the original decision was made) within 72 hours of the date the student receives the written response indicating responsibility and sanctions. The Appeal Review Request Form is available in the Office of the Dean of Students during regular working hours of 8:00am to 4:30pm.
     ii. The request should state the reason(s) for appeal (see (III) below) and the supporting facts. In order for an appeal to be considered valid, the student must explain how his or her reasons for appealing have the potential to change the original finding by the Community Conduct Board or administrative judicial officer.
     iii. An Appellate Officer will review the written request, Appeal Review Request Form and any accompanying information, of the student and can decide whether or not to grant an appellate review.
     iv. After evaluating the Appeal Review Request Form and any accompanying information, a student will be notified in writing whether or not their request was granted.
     v. If the Appellate Officer refuses to grant an Appeal Review based on the criteria in Section III, then the original response and any sanctions will stand.
III. Appeal considerations are limited to:
     i. Evidence that appropriate procedures were not followed which may have a bearing on the initial response.
     ii. New information that was not available at the time of the original inquiry/conference which may have a bearing on the initial response.
     iii. Evidence of bias that may have a bearing on the initial response.
     iv. Sanction(s) that is extraordinarily disproportionate to the violation.
IV. Appellate Review
     i. If the Appellate Officer decides to grant an Appellate Review, he or she will schedule an appellate review within two weeks of the appeal submission (not including official university breaks.)
     ii. On appeal, the burden of proof rests with the student to clearly state on the Appeal Review Request Form and any supporting materials that an error has occurred during the first level of the inquiry/conference process.
     iii. Due to the review process, the student is not required to be in attendance and will not be included in the review. The student may request to meet with the appellate officer and the request is granted at the discretion of the appellate officer.
V. Appellate Decisions
     i. If the Appellate Officer grants an appellant review, the Appellate Officer has the option of affirming the original response and sanctions, affirming the original response and modifying the sanctions, or reversing the original response.
     ii. Appellate responses are communicated in writing within a reasonable time period of the appellate review.
     iii. Except in the case of an emergency action (i.e. suspension and/or removal from campus housing) the student's status will remain unchanged during the appellate process.

Emergency Action: The university may impose emergency action upon a student when there is reason to believe, based upon available information, that the student poses an immediate threat to the safety, health or welfare of persons, property or the orderly operation of the university. This action is warranted by potential or threatened danger or disruption, and indicated only when the serious nature or immediacy of the threat requires immediate action. The action is interim in nature, pending the response of the disciplinary process.

Emergency action includes the following:
i. Emergency Suspension. This action requires a student to leave university property immediately, and not return during the suspension period, and/or comply with other stated conditions for a specified period. The Associate Provost & Dean of Students may impose emergency suspension.
ii. Emergency Housing Relocation/Removal. This action may be imposed upon a student by the Associate Provost & Dean of Students. A student who is removed from housing cannot enter any resident halls. If a student disregards this action, he or she shall be subject to further disciplinary action and may be treated as a trespasser.

Notice of Emergency Action - A student will receive written documentation of any emergency action taken against him or her. The documentation shall explain the nature, reason for, and duration of the action, as well as any conditions that may apply.

Disregard for Emergency Action - Any student who is suspended on an emergency basis and returns to the campus or university property and/or violates other stated conditions during the specified period shall be subject to further separate action and may be treated as a trespasser. Permission to be on campus for a specific purpose must be requested and obtained in writing or by telephone from the Associate Provost & Dean of Students or designee prior to any conduct contrary to the suspension or restrictions.

Following the imposition of emergency action, standard university disciplinary process shall be provided as expeditiously as possible.

Disciplinary Process For Students Who Leave Belmont:
A.   Open Sanctions: If a student has been given notice, received a judicial response, and sanctioned but leaves Belmont without completing the sanctions, then the student's disciplinary record will indicate that he or she has an open sanction, and a hold will placed on the student's account. This incident will be reported to other institutions and groups requesting verification of student standing. If the student chooses to return to Belmont, the issue may be addressed at that time.
B.   Notice Provided: If a student has be given notice but leaves Belmont before the disciplinary process has been completed, he or she is still accountable for his or her actions and an appropriate sanction may be applied. The student's disciplinary record will indicate that he or she has an unresolved conduct issue, and a hold will placed on the student's account. Depending on the severity of the issue, this conduct may be reported to other institutions and groups requesting verification of student standing. If the student chooses to return to Belmont, the issue may be addressed at that time or may contact the Coordinator of Judicial Services to complete the disciplinary process while not attending Belmont University.
C.   Notice Not Provided: If a student leaves Belmont before he or she is given notice regarding his or her alleged incident, all documentation of the incident will be placed in the student's disciplinary file, and a hold will be placed on the student's account. If the student chooses to return to Belmont, the issue may be addressed at that time.

Student Organization and Activities:
A.   Disciplinary Process.
I. Each student organization's purposes and activities shall comply with federal and state laws, Belmont University's Community Code of Conduct, any publications and guides published by the Office of Student Activities, such as the Student Leader's Handbook.
II. Incidents involving Belmont University Student Organization or Affiliates will be addressed through the procedures outline above.
III. In such cases, the president of the organization or the student designated as the group leader shall represent the group's interests throughout the process.
B. Sanctions. The following disciplinary sanctions may be imposed upon student organizations when they have been found responsible for violating the Community Code of Conduct. All sanctions may be imposed either individually or in combination. Sanctions are imposed for the purpose of holding student organizations and their membership accountable for their actions and the actions of their guest(s), whether on campus or at any organization sponsored function. The following is a list of sanctions, but other sanctions not listed, may be applied if necessary:
I. Verbal Reprimand
II. Written Reprimand: An official written reprimand making the incident a matter of record in university files for a specified period of time. Any further violation of the Community Commitments and Community Code of Conduct could result in more severe disciplinary action.
III. Conduct Probation: A period of review and observation during which a student organization is under an official warning that their misconduct was very serious. Subsequent violations of University rules, regulations, or policies could result in a more severe sanction including suspension. During the probationary period, a student organization is deemed "not in good standing" with the University and may be subject to one or any combination of the following conditions and/or restrictions:
     i. Denial of privileges, including but not limited to the following examples: receiving or retaining funding; participating in intramurals;, sponsoring any social event: sponsoring any speaker or guest on campus; participating in any social event;: cosponsoring any social event or other activity; recruitment of membership.
IV. Work or Service Hours
V. Educational Activities
VI. Restitution/Fines
VII. Suspension from Belmont University - Separation from the University for a specified period and denial of privileges of a registered student organization.
Any organization whose registration is suspended or revoked must cease all organizational activities upon receipt of the notice of suspension. Any funds or space provided to the suspended registered student organization must be relinquished to the appropriate governing body (i.e. SGA and Director of Student Activities.) In order to return to campus, the student organization must reapply to become a registered student organization and the request will be reviewed by the Associate Provost & Dean of Students and Director of Student Activities. It is at the discretion of the Associate Provost & Dean of Student and Director of Student Activities to grant permission to reestablish as a registered student organization.
VIII. Withdrawal from Belmont University - Permanent separation from the university without the possibility of reestablishing as a registered student organization. Any organization whose registration is withdrawal must cease all organizational activities upon receipt of the notice of withdrawal. Any funds or space provided to the withdrawal registered student organization must be relinquished to the appropriate governing body (i.e. SGA and Director of Student Activities.)
C. Emergency Action. The university may impose emergency action upon a student organization and/or activities when there is reason to believe, based upon available information, that the student organization or activity poses an immediate threat to the safety, health or welfare of persons, property or the orderly operation of the university. This action is warranted by potential or threatened danger or disruption, and indicated only when the serious nature or immediacy of the threat requires immediate action. The action is interim in nature, pending the outcome of the disciplinary process.
I. Emergency action includes the following:
     i. Emergency Suspension and/or Restriction. This action may suspend or restrict a student organization for an interim period of time pending the outcome of disciplinary proceedings when there is reasonable cause to believe that the continued activities of the organization and its members may pose an immediate threat to the safety, health or welfare of persons, property or the orderly operation of the University. During the time of suspension the organization may be required to cease all organizational activities and vacate any assigned University space immediately upon written notice. This action may be imposed by the Associate Provost & Dean of Students for all student organizations and Greek organizations.
II. Notice of Emergency Action - A student organization will receive written documentation of any emergency action taken against it. The documentation shall explain the nature, reason for, and duration of the action, as well as any conditions that may apply.
III. Following the imposition of emergency action, standard university disciplinary process shall be provided as expeditiously as possible.

Further Information
A. Paperwork and Information: Forms and other guidelines necessary for administering the Disciplinary Process are available in the Office of the Dean of Students on the second floor of the Beaman Student Life Center.
B. Contact: If you have any additional questions about the Community Code of Conduct, please contact the Coordinator of Judicial Services at (615) 460-6407.