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:
a) Specific violation including date, time, location
b) Judicial procedures to be followed by student(s) involved
c) 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 the original white copy of the Community Conduct Form to the appropriate administrator and shall give the duplicates 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, 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 submit the yellow copy of the Community Conduct Form indicating whether he or she contests the notice of the alleged incident within 3 class days from the date of receiving the notice to the appropriate administrator as noted on the form.
ii. Failure to submit the completed Community Conduct Form may include disciplinary sanctions for not responding to institutional requests.
iii. Students are expected to check their mailbox daily and have correct contact information supplied to the university officials.
iv. 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 an 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 an incident has 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, 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 which may include electronic mail communication 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 and/or Honor Court formed to hear violations of standards of conduct.
