Saint Mary's College
2006-2007 Student Handbook
Section 7: Community Conduct Code

An academic community exists for the communication of knowledge and for the development of creative and critical judgment in a sustained and independent search for truth. A student registering at Saint Mary's College accepts the duties and responsibilities of a citizen in a private educational community. The College guarantees due process to every student who becomes involved in a disciplinary situation.

An act or threat of harm to self or others by any member of the Saint Mary's community is considered serious. Should such an act or threat occur, the student may be asked to seek appropriate professional assessment and to implement a recommended course of action. Professional counseling services are available on campus at the Counseling and Career Development Center.

It is expected that students will show respect for all College employees and will comply with their reasonable requests when they are acting in their official job capacity. College employees include any student staff member, professional staff member, faculty, or administrator. Refusal to offer proper identification or failure to comply with a reasonable request from a College employee may result in judicial action.

Policies on Alcohol, Drugs, and Weapons Possession

ALCOHOL

The Saint Mary's policy on alcohol is consistent with Indiana state law. Persons under the age of 21 may not possess, consume, provide, manufacture, or sell any quantity of alcohol on the College campus. Students under 21 may not be present at any gathering where alcohol is present, whether they are drinking or not.

Students who are 21 or older may use alcohol in student rooms providing they follow these policies:

• –students under 21 (drinking or not) may not be present;
  
• –guests and alcoholic beverages must remain in the room;
  
  
• –the gathering may not infringe upon other residents'rights to privacy and quiet;
  
  
• –kegs, party balls, and other large alcohol containers or excessive amounts are not permitted;
  
  
• –room residents and guests must be prepared to present proof of age if requested;
  
  
• –no student (even those 21 years of age) may sell alcohol to another person or provide alcohol for persons under the age of 21.

Additional violations of the alcohol policy include:

• –public or private intoxication or disorderly conduct as a result of alcohol use;
  
  
• –abusive use of alcohol (i.e., drinking games, use or possession of any instrument of alcohol abuse, or drinking to the point of physical illness or intoxication).

If a gathering will be larger than a student room can accommodate, a special permit must be obtained for the serving of alcohol. Any individual, club, or organization wishing to sponsor a program serving alcohol may do so using the following guidelines:

• –all guests attending must be 21 or older;
  
  
• –reserve a location on campus approved for alcohol through the Office of Special Events;
  
  
• –complete an Alcohol Reservation Agreement obtained from student activities or residence life depending on the location or facility. The agreement must be submitted one week in advance of the scheduled program or activity;
  
  
• –a guest list must be submitted;
  
  
• –once the form is completed, the director of student activities or the director of
  residence life will request a meeting to review information and grant or deny
  approval.
  
  
• –Guidelines and procedures (amount of alcohol, security, food, and alternative
  beverages to be served) will be discussed in each individual case.
  
  
• –Copies of the forms will be sent to the residence hall director, to the Building
  Services Office, and to the Security Department.

This system will assist us in maintaining campus-wide consistency with regard to the use of alcohol.

DRUG-FREE WORKPLACE POLICY

In conjunction with federal law, the College has adopted the following policy regarding a drug-free workplace. This policy, required by the Drug Free Workplace Act of 1988, regards the work-related effects of drug use and unlawful possession of controlled substances.

The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance on campus is prohibited. Violation of this policy will be dealt with according to the guidelines set forth in the judicial section of this handbook and will result in disciplinary action up to and including expulsion or legal consequences.

DRUGS

The use, possession, manufacture, distribution, or sale of any illegal drug or drug paraphernalia or the illegal use of prescribed drugs (including the sale or distribution) is prohibited by state and federal law and College policy. Illegal drug involvement, on or off campus, is a serious offense and will be treated as such by the campus judicial system, the Department of Safety and Security, and/or local law enforcement. Any residence hall staff member or security officer may confiscate drugs or drug paraphernalia. Suspicion of drug-related activity may be cause for a room search, conducted by members of residence life and security.

Students seeking information or help with an alcohol or drug-related problem may consult staff members of the Counseling and Career Development Center, Health and Wellness Services, Residence Life and/or Campus Ministry. Location and times for local Alcoholics Anonymous meetings may be obtained through the Counseling and Career Development Center.

WEAPONS (FIREARMS)

The possession, carrying, or use of firearms, ammunition, or other dangerous weapons or explosives is prohibited on College-owned or controlled property. The only exception is security officers authorized by the College.

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JUDICIAL PROCESS & PROCEDURE

The philosophy of discipline at Saint Mary's College is one of education. Discipline is exercised with the primary goal of promoting the welfare of the individual and the College community. The focus is on individual growth and development, the encouragement of self-discipline, and the fostering of respect for the rights of others. Sanctions are given and evaluated in relation to their effectiveness in achieving these outcomes.

Judicial procedures and processes operate to ensure the rights of due process and the spirit of fairness and consistency. The director of residence life, who serves as the judicial coordinator, is responsible for maintaining the integrity of this process as well as official judicial records. Records are kept confidential in the Department of Residence Life for a period of time consistent with Indiana state statutes. These confidential records will not be released without the written consent of the student or at the discretion of the judicial coordinator in cases of emergency or on an educational need-to-know basis. All administrators or students involved in adjudicating cases adhere to strict confidentiality policies.

JUDICIAL PROCEDURE

The judicial procedure begins with the distribution of this handbook containing a description of all the policies and procedures of Saint Mary's College. Because students are responsible for knowing and abiding by all policies, students are encouraged to seek clarification of policies that are unclear to them. Residence life staff is available year- round to answer questions. Students are held accountable to this process beginning with the opening of the residence halls in August (for both residential and off-campus students) and ending with the closing of the residence halls following commencement. All students are accountable for their behavior and that of their guests whenever they are on College property or attending any College-sponsored event.

Saint Mary's students are also responsible for their actions while visiting the University of Notre Dame and Holy Cross College. Students are encouraged to become aware of policies and regulations at the university and act accordingly. Information of Notre Dame policy violations is shared with the Saint Mary's judicial coordinator and appropriate action will be taken.

When an alleged violation of a College regulation occurs:

1. An incident report is completed and given to the residence hall director. Any member of the College community may file an incident report. Report forms are available from the Department of Residence Life. Reports concerning off-campus students are given to the judicial coordinator.

2. The residence hall director consults with the judicial coordinator about the incident, checks for a record of previous offenses, and determines whether or not the case warrants a judicial hearing or informational meeting.

3. The residence hall director determines if the case will be heard by the student judicial board or herself. The residence hall director then notifies the student in a timely manner that an incident report has been filed. Off campus students will be notified by the judicial coordinator. A mutually agreeable meeting time is arranged to discuss the incident report. The notified student is expected to respond to this initial letter within two business days.

4. The residence hall director, student judicial board or judicial coordinator meets with the involved student(s). The incident report is shared; the judicial process and due process rights are reviewed.

5. As the hearing proceeds, the student will have an opportunity to present her perspective on the incident in question, sharing written statements or presenting witnesses as she desires. Students should review all due process rights in preparation for the hearing.

6. A preponderance of evidence rather than proof beyond a reasonable doubt will be the standard used for determining a violation. At the conclusion of the hearing, the board will state its decision (in violation or not in violation) along with the appropriate sanctions. The student will have an opportunity to ask questions before leaving the hearing. Written notification of these results will be delivered within five business days. Sanctions become effective at the conclusion of the hearing and not upon receipt of the letter.

7. Any student wishing to file an appeal should refer to the section "Judicial Appeal Procedures."

HEARING BOARDS

Residential students will be referred to the student judicial board or meet with the
residence hall director. Off-campus students will be referred to the judicial coordinator or the student judicial board.

Repeat violations may result in an automatic referral to the most appropriate hearing board as determined by the hall director or judicial coordinator.

The Student Judicial Board – The student judicial board consists of five to six students (chosen from eight to ten trained members) and an administrative advisor who serves as a non-voting consultant. If the student judicial board is not available, the student automatically schedules a hearing with the other listed board.

In cases of a very serious nature, the student may be referred directly to the vice
president's board at the discretion of the residence hall director or judicial coordinator. The vice president's board may consist of the vice president of student affairs, a faculty member, and a student. The vice president may act alone as a hearing board or any appropriate board appointed by the vice president for student affairs may also serve this function.

DUE PROCESS RIGHTS

In any judicial hearing, the student(s) appearing before the board must be granted certain due process rights. These rights are as follows:

• –Each member of the academic community has the right and the responsibility to be clearly informed of College regulations and the scope of penalties.
  
  
• –Each member of the academic community has the right to fair judgment by an
  impartial judiciary.
  
  
• –Students shall receive notice indicating the time and place of the hearing. This notice must be given at least 48 hours in advance of the meeting (excluding vacation days). If this notice has been provided, a hearing may be conducted in the student's absence. The student is responsible for all determined outcomes.
  
  
• –Students will be given the opportunity to read a copy of the written report stating the circumstances and allegations of the case. This will be with her initial letter from the residence hall director or judicial coordinator.
  
  
• –The accused shall be asked if she understands her rights outlined in the student handbook.
  
  
• –Students have the right to discuss the hearing boards with the residence hall
  director (or in the case of off-campus students, the judicial coordinator). The referral to hearing boards is subject to availability and appropriateness.
  
  
• –Students have the right to have an advisor of their choice present at the hearing. This advisor, however, may not be a party to the case and must be a member of the Saint Mary's College community.
  
  
• –Students have the right to object to a board member hearing the case if their reasons are valid (i.e., member is biased, close friend, hostile toward the alleged violator). The validity of the objection shall be determined by the hearing board.
  
  
• –Students have the right not to testify or answer questions. The choice to remain silent will not be taken as an admission of being in violation.
  
  
• –Students have the right to hear all testimony presented against them.
  
  
• –Students have the right to present witnesses on their behalf. The number of witnesses called will be limited by the board only when necessary to limit the unnecessary prolonging of the hearing. The judicial board has the right to call witnesses.
  
  
• –Students have the right to speak on their own behalf to the board hearing their case.
  
  
• –Students have the right to submit a written statement.
  
  
• –Students shall not automatically be assumed in violation.
  
  
• –Students will receive written notification of the results no later than five business days after the hearing.
  
  
• –Upon written request, a student may review her judicial file.
  
  
• –Hearing boards will handle all information as expediently as possible.
  
  
• –Students have the right to appeal through the prescribed judicial system as stated in the student handbook.
  
  
• –The judiciary has the responsibility to keep accurate records of all proceedings.
  

Victim's Rights with Respect to Saint Mary's College Internal Disciplinary Procedures and Criminal Prosecution

A victim of an act of violence can expect the following rights to be honored with respect to internal disciplinary procedures at Saint Mary's College and criminal prosecution:

1. The right to have the allegation treated seriously and with care.

2. The right to be treated with dignity and respect.

3. The right to have the allegation investigated by the appropriate agency.

4. The right to pursue any and all avenues of redress.

5. The same right as the accused to have an advisor present at the disciplinary hearing. The advisor may not be a party to the case and must be a member of the Saint Mary's College community.

6. The right to be notified of the outcome of the disciplinary hearing.

7. The right to be informed of all of the College's resources.

8. The right to reasonable action by the College to prevent unnecessary
contact with the accused.

9. A student who has been the victim of an alleged sexual assault has the option to request a change in academic and living situations. These requests will be communicated to the vice president for student affairs and will be accommodated whenever possible within the scope of the College's policy and resources.

DISCIPLINARY SANCTIONS

Sanctions are given to students who are found to be in violation of one or more College policies. The sanctions are designed to be more educational than punitive, offering an opportunity for a student to make appropriate changes in behavior. Decisions on sanctions will reflect the severity of the situation. Sanctions may be given in any order or in any combination. Failure to comply with or complete a given sanction or additional policy violations in the future may result in further disciplinary action. Sanctions are at the discretion of the hearing board and may include but are not limited to the following:

Official Letter of Reprimand – A letter stating that the student – s behavior was
unacceptable will be retained in the student – s disciplinary file. It is expected at this point that the student understands the policy in question as well as the violation.

Educational Sanction – There are a variety of educational sanctions that can be given in conjunction with other sanctions or alone. Examples include: community service, programming in the residence halls, interview reports, creating an educational poster, etc. There will be a reasonable, limited time during which the sanction must be completed.

Restitution – A student whose actions damage, deface, or destroy any College or personal property will be required to restore the property by replacement or by monetary reimbursement in addition to any other sanction the Hearing Board may recommend.

The following sanctions indicate that a student is not in good standing with the College.

Disciplinary Probation – This sanction is appropriate when the seriousness of the violation warrants more than a written reprimand. Probation is given for a specific period of time, usually no less than one semester.

Dismissal from the Residence Halls – The student is excluded from the residential community for a specific period of time. Room fees are forfeited. The student may be allowed to return to the residential community after meeting specific requirements as set forth at the time of the dismissal. The student will be required to meet with the vice president for student affairs.

College Probation – This is the last level of probationary status prior to being suspended from the College. Dismissal from the College is imminent and may occur with any additional policy violations. Parents and the College president may be notified.

Required Leave of Absence – The student is suspended from the College for a specific period of time. Typically, room fees will be forfeited. The student may be allowed to return to the College after meeting specific requirements as set forth at the time of the sanction. The student will be required to meet with the vice president for student affairs.

Dismissal from the College – The student is dismissed from the College permanently. Only under the most unusual circumstances would a student who has been dismissed be allowed to re-enroll in the College. Such a request requires a meeting with the vice president for student affairs and/or the president of the College. The refund policy described in the college bulletin will be followed.

Possible Arrests – When a student violates a local, state, or federal law as well as College policy, the student is subject to arrest as well as College judicial action. A student can be arrested for violating any policy at the discretion of Safety and Security or city, county, or state police.

JUDICIAL APPEAL PROCEDURES

The judicial appellate board consists of one student, one faculty member, and one administrator appointed by the vice president for student affairs.

The student initiates the appeal of a judicial action by writing to the chair of the judicial appellate board within two class days of written notification of her sanction. Specific appeal procedures will be included in the sanction letter. The judicial appellate board will meet to discuss the merit of the appeal. Appeals will be granted based on the following:

• –substantial procedural error or lack of due process;
  
  
• –new evidence of a substantive nature not available at the original hearing; or
  
  
• –the sanction imposed is grossly disproportionate to the offense.

If the board believes the appeal lacks merit, the appeal is denied. If the board requires additional information, a meeting with the student and judicial coordinator may be required. If the appeal has merit, the student will be granted a new hearing, beginning again with the residence hall director, student judicial board, or judicial coordinator. The decision of the judicial appellate board may be appealed to the vice president for student affairs.

Section 8: Student Rights and Responsibilities >>>