Disciplinary Process and Sanctions
JUDICIAL PROCEDURESA. COMPLAINTS
Any member of the University community may file a complaint against any student alleging a violation of the Student Code of Rights and Responsibilities . Complaints shall be prepared in writing and be directed to the Associate Vice President for Student Affairs/Dean of Students or his/her designee. Any complaint should be submitted as soon as possible after the event takes place, generally within 30 days of the alleged incident. Established disciplinary information channels (i.e. incident reports and security reports are the usual sources of alleged violations of University rules and regulations.) The Associate Vice President for Student Affairs/Dean of Students may request that Public Safety investigate the incident. At the discretion of the Associate Vice President for Student Affairs/Dean of Students or his/her designee, the time permitted to file a complaint may be extended.
Acts committed off-campus, but related to the security, well-being or reputation of the University, its educational Mission, its special programs and study abroad programs are subject to disciplinary action.
Upon receipt of information of a violation in which the accused's presence on campus raises concern for public safety, under the authority of the Associate Vice President for Student Affairs/Dean of Students or his/her designee, the person may be required to leave campus until the disposition of the case is completed.
In the case of alleged sexual assault, academic and living arrangements may be modified upon request by the victim, provided that such arrangements are reasonably available at the University. If modifications are made, there is no presumption that the alleged perpetrator is responsible. Those involved in a sexual assault case will also be notified of campus support services at the time a report is made.
When more than one student in an organization is charged with a conduct rising out of a single occurrence or out of connected multiple occurrences, a single hearing may be held for the group organization itself. The Student Organizations Review Board or the Greek Discipline Board will determine sanctions for group organization misconduct. Sanctions may include but are not limited to: censure, suspension of pledging privileges (or other applicable procedures), suspension or revocation of charter, or denial of recognition or registration as well as other appropriate sanctions permitted under this code. In circumstances where urgent attention is required, the Dean of Students and/or the Vice President for Student Affairs may determine whether a violation has occurred and may implement necessary disciplinary measures. Individual members of organizations may also be held accountable for their actions in these incidents and are subject to the usual disciplinary procedures.
B. DISCIPLINARY AUTHORITIES
1. Disciplinary Conference
For first-level violations which occur in residence halls, a Disciplinary Conference is conducted by a Residence Life professional, whose duties include:
2. Administrative Hearingsa. Determination of the charges
b. Review all evidence available to them
c. Determine responsibility based on that evidence whether there has been a violation of the University of San Diego Code of Rights and Responsibilities
d. Determine appropriate sanctions when necessary
e. Allow for reflection and education
In University residence halls, initial hearings of multiple offenses or offenses of a more serious nature, such as harassment, hate-crimes, assignment to detox, or use of illegal substances are conducted by the Director of Residence Life. This disciplinary officer may dispose of the matter administratively or refer the case to a Peer Review Board.
Hearings of alleged violations which occur outside of the residence halls or which are of a more serious nature are conducted by the Assistant Dean of Students. The Assistant Dean will determine if the charges can be disposed of administratively, or may refer the matter to the Peer Review Board or Critical Issues Board for adjudication.
Administrative hearing officers' responsibilities include:
a. Determination of the charges
b. Review all evidence available to them
c. Determine responsibility based on that evidence whether there has been a violation of the University of San Diego Code of Rights and Responsibilities
d. Determine appropriate sanctions when necessary
e. Allow for reflection and education
3. Peer Review Board(s) hears all cases referred to them by the Director of Residence Life or the Assistant Dean of Students. Cases submitted to the Peer Review Board will typically involve multiple offenses. This board will assemble on a regular basis.
The responsibilities of the board are:
a. Determination of the charges
b. Review all evidence available to them
c. Determine responsibility based on that evidence whether there has been a violation of the University of San Diego Code of Rights and Responsibilities
d. Determine appropriate sanctions when necessary
e. Allow for reflection and education
The board shall be composed of three students selected from a larger group of students who have been trained in USD's disciplinary procedures. The board will be advised by a Student Affairs professional appointed by the Dean of Students.
4. Student Organizations Review Board: Hearings involving alleged misconduct of organizations involving University rules and regulations are conducted by the Director of Student Organizations who in turn may refer the matter to the Student Organizations Review Board. This group is made up of trained student representatives. The Director of Student Organizations or his/her designee serves as that board's advisor.
5. Greek Discipline Board: The Interfraternity and Panhellenic councils have jurisdiction over all member fraternities to enforce IFC policy, Panhellenic policy and University rules and regulations. Instances of alleged Greek organizational misconduct may result in the referral of the organization to the Greek Discipline Board. This board determines responsibility and sanctions for violations by Greek Life organizations. The group is comprised of organization-selected delegates from Interfraternity and Panhellenic councils. The Director of Student Organizations serves as the board's advisor.
6. The Critical Issues Board: Disciplinary matters not decided in administrative hearings and which are of a most serious nature, such as, violence against others, sexual assault, drug infractions, possession of weapons or other matters including violations of state and federal law may be referred to the Critical Issues Board.
The responsibilities of the board are:
a. Determination of the charges
b. Review all evidence available to them
c. Determine responsibility based on that evidence whether there has been a violation of the University of San Diego Code of Rights and Responsibilities
d. Determine appropriate sanctions when necessary
e. Allow for reflection and education
This board is composed of one administrator, one faculty member and one student. The Assistant Dean of Students or his/her designee is an ex-officio member of the Board and serves as the board's advisor. The presiding officer shall be an administrator or faculty member of the Critical Issues Board appointed by the members of the board. Three voting members of the board shall constitute a quorum. Members of the board serve a one-year term following their selection and ending on May 31 st of next year, except for the Assistant Dean of Students who is a permanent member of the board. Members of the board shall be selected by the Assistant Dean of Students from a group of faculty, administrators and staff who are trained in USD's disciplinary procedures.
7. Interim Disciplinary Procedures: Until disciplinary boards are selected and trained, during the last two weeks of the fall and spring semesters and during intersession and summer sessions, complaints are resolved through the administrative hearing process. Appeals of these decisions are heard by the Associate Vice President for Student Affairs/Dean of Students whose decision is final.
C. HEARINGS CONDUCTED BY THE PEER REVIEW BOARD AND THE CRITICAL ISSUES BOARD
Peer Review Board and Critical Issues Board (each called “The Board”) Hearings are conducted according to the following guidelines:
1. Students against whom the complaint is filed shall be given notice of the hearing date and the specific charges against them at least five(5) days in advance.
2. The Board shall be convened within ten(10) business days of the date in which the administrator refers the complaint to the presiding officer of the Board.
3. The accused will be given the opportunity to view all documents at the beginning of the hearing or as information is presented to the Board.
4. Hearings shall be conducted in private
5. In hearings involving more than one accused student, the chairperson of the Board, at his/her discretion may permit the hearings of each student to be conducted separately.
6. The complainant and the accused have the right to be assisted by an advisor. The advisor shall be a member of the University community. The advisor shall not be an attorney or parent. The complainant and/or the accused is responsible for presenting his/her own case and, therefore, the advisor is not permitted to speak or participate directly in any hearings before the Board.
7. Formal rules of evidence shall not apply to disciplinary proceedings pursuant to this code. The presiding officer shall admit all matters into evidence which reasonable persons would accept as having probative value in the conduct of their affairs. Pertinent records, exhibits and written statements and witnesses may be accepted as evidence for consideration by the Board at the discretion of the chairperson.
8. All procedural questions are subject to the final decision of the chairperson of the Board
9. After the hearing the Board shall determine, by a preponderance of evidence and majority vote, whether the student has violated each section of the code that the student is charged with violating.
10. The Board's determination shall be made on the basis of preponderance of evidence, i.e. whether it is more likely than not that the accused student has violated The Student Code.
11. In the case of a hearing by the Critical Issues Board only, there shall be a single verbatim record such as a tape recording. The record shall be the property of the University.
12. If the accused student fails to appear for a scheduled hearing, evidence in support of the charges shall nevertheless be presented and considered by the Board.
D. DISCIPLINE APPEALS BOARD
1. Discipline appeals are only allowed from decisions made by the Critical Issues Board except as set forth in Section B.7. above. Appeals are made to the Associate Vice President for Student Affairs/Dean of Students and are heard by the Discipline Appeals Board. Request for appeal must be submitted by the student in writing to the Associate Vice President for Student Affairs/Dean of Students within five(5) business days of mailing the letter notifying the accused student of the findings and imposed sanctions of the Critical Issues Board. Failure to appeal within the allotted time will render the original finding and imposed sanctions final and conclusive.
2. Appeals to the Dean must cite one or more of the following:
a. Established administrative procedures were not followed.
b. New and significant evidence that was not available or could not have been discovered through diligent investigation before or during the hearing, merits or warrants reevaluation of the case.
c. The sanction or sanctions imposed were inappropriate to the violation of the Code of Rights and Responsibilities which the student was found to have committed. (This criteria is only to be considered in cases where the sanction is suspension or expulsion.)
3. The Discipline Appeals Board shall be composed of one faculty member, one administrator and one student selected by the Assistant Dean of Students from a group of faculty, administrators and staff who are trained in USD's disciplinary procedures. The Dean of Students shall serve as the advisor to the board.
4. On appeal, the Discipline Appeals Board may:
a. Affirm the finding and impose the sanctions of the Critical Issues Board.
b. Remand the case to the presiding officer of the Critical Issues Board to conduct a new Critical Issues Board Hearing if one of the three criteria in Section B is present.
5. If the case is remanded to the presiding officer of the Critical Issues Board, the Critical Issues Board will reconvene within five(5) days to review the matter and then report its findings to the Associate Vice President for Student Affairs/Dean of Students who shall notify the student and appropriate university personnel by letter of the finding regarding the appeal.
6. An appeal of the decision of the Discipline Appeals Board following remand must be filed in writing within five days to the Vice President for Student Affairs. The appeal must cite one or more of the criteria in section D. 2. a-c. The decision of the Vice President for Student Affairs is final.
E. DISCIPLINARY FILES AND RECORDS
1. Records of individuals processed through University disciplinary procedures shall remain confidential, subject to the provisions of the Family Education Rights & Privacy Act of 1974. Disposition of cases involving organizations is in the public domain.
2. The file of students found responsible of any charges against them will be retained as a disciplinary record for the remainder of their years as a USD student.
3. The discipline files of major cases remain for a minimum of three years after graduation.
4. An expulsion shall become a part of a student's permanent disciplinary record.
5. No student shall receive a diploma while a charge against him/her is pending before an Administrative Hearing or the Critical Issues Board or on appeal.
6. No student shall receive a diploma without first fulfilling the terms of the disciplinary sanction. Participation in the graduation ceremony is at the discretion of the Associate Vice President for Student Affairs/Dean of Students.
F. DISCIPLINARY SANCTIONS
The sanctions listed below may be applied separately or in combination. Other appropriate sanctions which would enhance the educational value of disciplinary proceedings may be applied in a given case.
1. Warning
Written or oral notification that certain conduct or actions are in violation of University regulations and that continuation of such conduct or actions may result in further disciplinary action.
2. Educational Sanctions
A requirement to conduct research, complete a reading and response paper, prepare and present a program, attend an educational program, seek counseling or engage in other educational activities related to the violation.
3. Fines
Payment of a specific amount of money as determined by the circumstances of a particular case.
4. Restitution
Reimbursement for damage to, or misappropriation of property. This may take the form of monetary or material replacement not in excess of the loss incurred.
5. Disciplinary Work Program
Assignment to work for a specific period of time under supervision as reparation within the community where the violation occurred.
6. Loss of Privileges
Limitation on University-related activities or services for a specific period of time, consistent with the offence committed, including but not limited to:
a. eligibility to serve as an officer or member of any University organization, to participate in intercollegiate competition or to receive any award from the University;
b. housing probation;
c. removal from housing;
d. restriction from using specific facilities and services;
e. denial of on-campus use of an automobile;
f. hold on enrollment;
g. hold on forwarding personal records to external institution or individuals until satisfactory completion of disciplinary sanctions.
7. University Probation
A specific period of observation and review of behavior including terms appropriate to the offense committed during which the student must demonstrate compliance with University regulations and the terms of the probationary period. Failure to comply with the University's policies and completion of assigned sanctions will result in suspension or expulsion.
8. Suspension
Removal from the University community for a designated period of time which may include specific requirements that must be fulfilled prior to reinstatement within the University community.
9. Expulsion
Permanent separation of the student from the University.
In exceptional circumstances the Associate Vice President for Student Affairs/Dean of Students may suspend a student or take other disciplinary action pending the hearing. In addition to the sanctions imposed under the University judicial system, individual faculty members are vested with the power to lower a student's grade on a paper, exam, or other graded product and for the course as a whole for academic dishonesty.
