The disciplinary student conduct process shall, insofar as the setting of the University permits, strive to allow procedural fairness. The University does not have full judicial authority so far as the law is concerned and, therefore, does not intend to replicate judicial proceedings as followed in civil or criminal legal proceedings. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in student conduct proceedings. The University will, however, make every effort to protect students from arbitrary or capricious disciplinary action, to ensure fairness to all parties involved, and to achieve an informed and equitable result from the process.
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All meetings and all information gathered during the student conduct review process is confidential to the extent outlined by FERPA and University policy (see Privacy of Student Records) and shall not be released except with cause through the Office of the Dean or Associate Dean of Campus Life and Student Affairs. Any question of interpretation or application of the Student Conduct Policy shall be referred to the Associate Dean of Campus Life and Student Affairs, Frank Merckx, or the Dean’s his designee, for final determination.
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- Any member of the Drew community may allege that a student has violated University policy. Except in cases of sexual assault/misconduct and sexual harassment, the University also may choose to file allegations on behalf of another person or on its own behalf. (See the Sexual Harassment Policy for further clarification.) All allegations of violations must be submitted to the Associate Dean of Campus Life and Student Affairs. Formal allegations must be made in writing, such as a letter, email or incident report. The incident report form is available on the Residence Life Web site.
- Under normal circumstances, the Associate Dean of Campus Life and Student Affairs shall be the primary discipline administrator. The Associate Dean will determine the appropriate follow-up based upon factors such as the nature and seriousness of the offense, whether or not it is a repeat violation, etc. In cases where the Associate Dean or designee ) is unable to schedule a meeting (due to a conflict of interest or other reason), the Dean of Campus Life and Student Affairs shall assume those duties.
- If a student poses an immediate danger or threat to the health, safety, or well-being of the University community, the President or the President's designee may impose a suspension or other separation from the University with no prior notice, effective until due process is concluded.
- A student accused of a violation will be contacted by the Associate Dean of Campus Life and Student Affairs (or designated administrator) to discuss the allegations. Lesser offenses (those which do not warrant removal from the residence halls or suspension/expulsion from the University) will be resolved in an administrative meeting.
- Administrative Meeting. Depending on the seriousness of the offense, an administrative meeting occurs with a staff member such as an RD, the Director of Residence Life, or the Associate Dean of Campus Life and Student Affairs. The goal of an administrative meeting is to arrive at a finding of “responsible” or “not responsible,” and to assign sanctions if necessary. Major and/or repeat offenses (those which potentially could result in removal from the residence halls or suspension/expulsion from the University) may be resolved in an administrative meeting with the Associate Dean of Campus Life and Student Affairs or in a formal Student Conduct Board hearing.
- Student Conduct Board Hearing. The goal of a formal Student Conduct Board hearing is to determine responsibility and impose appropriate sanctions in a timely and fair manner.
- A student charged with a serious University offense may withdraw from the University in writing, effective immediately upon receipt by the Associate Dean of Campus Life and Student Affairs, thereby forfeiting all tuition, fees, and any opportunity to enroll at a future date to the University. This option may be exercised only before an administrative meeting or Student Conduct Board hearing takes place.
- If there is more than one allegation and the student accepts “responsibility” to one allegation but not to the other, the administrator shall determine if the case needs to be referred to the Student Conduct Board, which will follow the procedures set forth in sections E/F below.
- Failure to Respond. Should a student fail to schedule and attend an administrative or Student Conduct Board meeting in the time designated by the Associate Dean (or designee), the student’s case will be decided in his/her absence.
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Students charged with a violation of the Student Conduct Policy or other University policy who whom are directed to meet with a discipline administrator will receive oral or written notice of the alleged violations prior to a meeting.
The discipline administrator Student Conduct Administrator will meet with the student(s) to:
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- A Student Conduct Board hearing committee can be convened by the Associate Dean of Student Affairs (or designee). In situations where the Associate Dean/designee is unable to convene a committee due to a conflict of interest, or any other reason, the Dean of Campus Life and Student Affairs shall assume those duties. In special circumstances, the University President may designate a convener.
- A Student Conduct Board hearing committee is comprised of three students from the Student Conduct Board Committee and two faculty member members selected according to faculty regulations. At the request of either the complainant or the accused, up to two board members may be replaced due to conflict of interest. The convener will attempt to rotate the members who serve in hearings in such fashion as to give all members an equal opportunity to participate. If a student poses an immediate danger or threat to the health, safety,or well-being of the University community, the Dean of Campus Life and Student Affairs or designee may impose a suspension or other separation from the University with no prior notice, effective until the University’s due process is concluded.
- It is the convener’s duty to make all parties aware of how the proceedings will be conducted. The hearing committee has the following obligations to parties involved in the hearing:
- To provide
- A statement of the allegations
- Disclosure of the results of an investigation, if any
- A summary of the procedures to be followed
- A statement that the choice of hearing officer or convener may be challenged in writing to the Dean of Campus Life and Student Affairs within 48 hours of notification
- To conduct the process in a timely fashion. (In cases where incidents occur near the end of a semester, the case may need to be adjudicated at the beginning of the next semester)
- To notify the accused student in writing of the reasons for the proposed disciplinary action and to allow sufficient time to prepare
- To permit the student to be advised by someone of his/her choice from within the University community, such as the SGA Attorney General
- To allow the accused student to consult with an adviser during the hearing (the adviser will not take part in the proceedings)
- To permit the accused to speak on his/her own behalf and present evidence and witnesses. The accused may decline to answer questions
- To advise the accused student of all available evidence and testimony with opportunity for rebuttal
- To permit all accused parties to be present throughout the hearing with the opportunity to question witnesses
- To present all relevant evidence as determined by the Associate Dean of Student Affairs (or designee)
- To render a decision based solely upon the preponderance of evidence and, where applicable, determine the appropriate sanction(s), and give written notification of that decision to the accused, the Associate Dean of Campus Life and Student Affairs, and relevant University officials.
- To provide a tape recording of the proceedings to be kept by the Office of the Associate Dean of Campus Life and Student Affairs, use of which will normally be limited to an appeal, and destroyed after the appeal time has passed
- In certain cases deemed appropriate by the proper authorities, information on an offense may be disclosed to individuals or to the entire University community
- If an accused student, with notice, does not attend the proceeding, the information in support of the charges shall be presented and considered even though the accused student is not present
- The convener may accommodate concerns for personal safety, well-being, and/or fears of confrontation of the complainant, accused student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or permitting participation by telephone, videophone, video conferencing, videotape, audio tape, written statement, or other means as determined in the sole judgment of the convener to be appropriate.
- To provide
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- The right of the accused student to an appeal of a decision (whether by an administrator or the Student Conduct Board) is guaranteed.
Except as required to explain the basis of new information, an appeal shall be limited to a review of the verbatim record of the hearing and supporting documents. Appeals may be granted for the following reasons onlyONLY:- Relevant new evidence or information is available because such information and/or facts were not known to the person appealing at the time of the original hearing
- A procedural error was made that precluded a fair and impartial hearing. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results
- Decisions following an administrative hearing or Student Conduct Board hearing must be appealed within two (2) business days of notification of the results of such hearing. Appeals will be heard by the Dean of Campus Life and Student Affairs (or designee).
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