Judicial/Disciplinary Processes
Introduction
The majority of disciplinary cases (and appeals) are handled via informal administrative meetings with Residence Life staff and/or Student Life staff in accordance with residence hall contract provisions. Similar disciplinary meetings may be held by college authorities in regard to off-campus conduct when students are in study away programs; beyond the immediate consequences related to program participation, the student may be held accountable via the on-campus processes. The judicial processes outlined here are usually reserved for serious, repeated, or non-residence hall, misconduct. Disciplinary processes for fraternities and sororities may be directed to the Inter-Greek Council at the discretion of the adviser. The Associate Dean for Student Life is the chief disciplinary officer of the college and may be consulted regarding options for complaints and processes.
Article VII: Judicial Process
7.1 Introduction
7.1.1 Any student and/or organization accused of violating a regulation shall have the right to appear before one or more members of a duly constituted judicial body. All such bodies shall adhere to the basic fundamentals of due process as stated below. This does not apply to disciplinary cases that are heard via administrative hearings related to violations of residence hall contracts.
7.1.2 At times when members of the appropriate judicial body are not available (such as during finals, break periods, or the summer), administrative hearings may be conducted through the appropriate administrative office. A student may appeal such a decision through the normal administrative chain of command.
7.1.3 Students who participate in off-campus sponsored events and academic programs (including study abroad) are subject to disciplinary action while on those programs, via informal administrative processes by the group leader or his/her designee. They are also subject to disciplinary action upon their return.
Luther College recognizes the student’s right of respect and consideration and to the constitutionally guaranteed freedoms of speech, assembly, and association. The college further recognizes the student’s right within the institution to freedom of inquiry and to the reasonable use of the services and facilities of the college which are intended for his or her education.
In the interest of maintaining order on the campus and guaranteeing the broadest range of freedom to each member of the community, some rules have been laid down by the students and other members of the college community acting in concert. These rules reasonably limit some activities and proscribe certain behavior which is harmful to the orderly operation of the institution, and the pursuit of its legitimate goals.
If any student is accused of a violation of any of these rules and he or she denies responsibility, he or she is guaranteed a speedy and fair hearing before an appropriate hearing board. Appropriate due process safeguards have been built into the procedures which govern each of these boards so that no permanent or recorded penalty shall be meted out until the student accused shall have had a fair chance to be heard. Appropriate appeals are allowed from the decisions of these boards.
7.2.1 The following procedural guidelines are established for the direction of all bodies conducting formal hearings in disciplinary matters.
7.2.1.1 The student shall be notified by an appropriate college official that he or she is accused of violating a regulation.
7.2.1.2 The student shall be notified that he or she may elect one of three courses of action.
A. The student may admit the alleged violation and request, in writing, that the college official take whatever action seems appropriate. Should the student elect this course of action, he or she shall be notified that the decision may be appealed to the Campus Hearing Board. If the student appeals the case to the Campus Hearing Board, he or she must present a written complaint to the board touching on one of the following issues:
1. Did the student receive due process?
2. Was the evidence substantial enough to warrant a decision against the student?
3. Was the sanction imposed in keeping with the gravity of the wrongdoing?
B. The student may admit the alleged violation and request a hearing before the appropriate judicial body.
C. The student may deny the alleged violation, in which case the college official shall make a referral to the appropriate judicial body.
7.2.1.3 At least 48 hours prior to the hearing, the student is entitled to the following:
A. Written notification of the time and place of the hearing.
B. A written statement of the charges of sufficient particularity to enable the student to prepare a defense.
C. Written notification of the names of the witnesses who are directly responsible for having reported the alleged violation to the college official, or, if there are no such witnesses, written notification of how the alleged violation came to the official’s attention.
7.2.1.4 The student may appear in person and present a defense to the judicial body, and may call witnesses in his or her behalf. The student may also elect not to appear before the judicial body. In this case, the hearing shall he held in his or her absence. The failure of a student to appear shall not be taken as indicative of responsibility and must be noted without prejudice.
7.2.1.5 Legal counsel will not be allowed to participate in any student judicial hearing. Both the accuser and the accused may be accompanied by counsel (person to act in support or advisory role) of his or her choice appropriate to the judicial body hearing the case.
7.2.1.6 All hearings of the Campus Hearing and Interpersonal Violence Hearing Boards will be closed to the public. In hearings involving more than one student, severance shall be allowed upon request.
7.2.1.7 The student may ask questions of the judicial body or of any witnesses to the alleged violation.
7.2.1.8 The student may refuse to answer questions (without implication of responsibility).
7.2.1.9 The student is entitled to an expeditious hearing of the case.
7.2.1.10 The student is entitled to an explanation of the reasons for any decision rendered against him or her.
7.2.1.11 The student shall he notified of his or her right to appeal the decision of the hearing board. Should the student appeal, any judgment assessed by the hearing board shall be held in suspense until acted upon by a higher body.
7.2.1.12 Accusers alleging to have been victims of violent crimes, including sexual assault, shall be informed regarding the outcome of disciplinary hearings. An accuser has the right to provide a written and/or verbal impact statement to the Board, in the absence of the accused, which may include her/his opinions regarding possible sanctions.
7.2.2 The above serves as procedural guidelines with respect to the conduct of informal hearings in disciplinary matters. The several duly-constituted judicial bodies (Traffic Board, Campus Hearing Board, the Interpersonal Violence Hearing Board, and Campus Appeal Board) shall implement these guidelines.
7.3 Judicial Structure
7.3.1 The guidelines herein above stated shall be implemented by the following judicial bodies:
A Campus Hearing Board shall be established and shall serve as the highest hearing board in the college’s judicial system.
7.3.2.1 Composition: The Campus Hearing Board shall be made up as follows:
A. Four students
1. Vice President of Student Senate
2. Vice President of IGC
3. Two non-fraternity/sorority members, one being a Resident Assistant, and the other appointed from Community Assembly.
B. Three faculty members
Three faculty members, including a chair, nominated by the Campus Life Committee.
C. One Student Life staff member
D. Terms of committee members:
1. All terms shall be annual appointments that run parallel with the academic year.
2. Resignations must be submitted to the President’s Office. Replacements for that particular area will be assigned by the President of the College.
E. The members of the board shall not be members of any of the other college hearing boards or members of the Campus Appeal Board.
F. The Dean for Student Life shall appoint one member from his or her staff who will serve ex-officio with no vote. This person shall serve as secretary to the board.
G. Appointments shall be made in the fall of each academic year and affirmed by the Community Assembly.
H. Removal of members shall be initiated by the Community Assembly and affirmed by two-thirds of the members of the Community Assembly.
7.3.2.2 Jurisdiction
A. The Campus Hearing Board shall have jurisdiction over:
1. Cases involving alleged violations of regulations which are referred to the board by the Student Life Office. (See 7.2.1.2)
2 . Cases involving request for re-admission from suspension for non-academic reasons after a student has been suspended or denied readmission by an administrative officer.
B. Appeals: The board shall consider appeals from students or organizations who object to the ruling of a lower judicial body.
C. The “right” of appeal does not entitle a student or organization to a full rehearing of the entire case. Rather, the board shall limit its review to the record of the original hearing.
1. Did the original hearing conduct itself in such a way that the accused had an adequate opportunity to prepare and present his or her defense? (i.e., Did the student or the organization receive “due process”?)
2. Was the evidence presented at the hearing “substantial” enough to justify a decision against the student/organization?
3. Was the sanction imposed in keeping with the gravity of the wrongdoing?
D. If, in the opinion of the board, the appeal lacks merit, it has the power to refuse to accept it.
E. If the board does accept the appeal, it normally reviews only the record from the original hearing. In rare circumstances, however, the board may ask for an oral presentation concerning the grounds for appeal, and rebuttal.
F. The decision of the board is final.
7.3.2.3 Process: The procedural rules of the Campus Hearing Board shall include the following:
A. In cases of original jurisdiction or appeals, the accused shall be accorded the full right of due process as outlined in paragraph 7.2. The board shall not conduct its proceedings as if it were a court of law. However, because the procedures of this board are more complex than those of other boards, it is necessary to meet the higher standards of “due process” required by the more serious nature of the cases it considers and the sanctions it may impose.
B. Alleged violations of the college regulations shall be reported to the Student Life Office in writing on a witness statement provided for that purpose. A member of the Student Life staff shall inform the accused verbally concerning the alleged violation, inform the accused of his or her rights of due process, and arrange for a hearing before the Campus Hearing Board.
C. The board shall meet with frequency to insure efficient and timely adjudication, with no less than a quorum of five members, and each decision affirmed by a majority of those present. Decisions will be made on the preponderance of evidence standard.
D. The board shall not consult the past record of the accused before deciding guilt or innocence. The board does have the right to look at the offender’s past record once it has determined responsibility, to set an appropriate sanction.
E. Reasonable time extensions for the accused’s inability to appear shall be granted.
F Records of proceedings shall be kept including the name of the accuser and the accused involved, the violation, the decision of the board, the reasons therefore, and the sanctions imposed. In addition, all cases shall be tape recorded. The tapes will not be made available for public use. All records, including tape recordings, of the Campus Hearing Board shall be secured under separate file in the Student Life Office.
G. A member of the staff shall be present at the hearings to present evidence and testimony. Only the members of the board shall be present during the contemplation of the board’s eventual decision.
7.3.2.4 Decisions: After hearing a case (of original jurisdiction), the board may decide as follows:
A. Not held responsible: No violation of a regulation has been determined.
B. Responsible: A violation of a regulation has been determined. In cases of interpersonal violence where the accused is held to be responsible, the board should always give serious consideration to suspension or expulsion as sanctions. The board will also take into consideration the degree of the violation as well as a victim impact statement, if provided.
The level of proof and how it corresponds to the offense may also influence board decisions. For instance, they may feel comfortable with holding the accused accountable for some behaviors, yet find evidence lacking for the accusations of more egregious behavior.
When responsibility has been determined, the board may select from the following penalties:
1. Restitution: Reimbursement for damage to or misappropriation of property.
2. Probation: A probation indicating that further violations of regulations will likely result in more severe disciplinary action. This probation shall be imposed for a specified period and the student or organization shall be automatically removed from probation when the imposed period expires.
3. Probationary Sanctions: Probationary sanctions may include notations that further violations may result in residence hall eviction or suspension from college. In addition, the board may notify the student’s parents of his or her probationary status, and may withdraw any or all of the following privileges:
a. The holding of an office in a campus organization.
b. The representation of the college in any inter-college events.
c. Remunerative work made possible through the college.
d. The suspension of organizational privileges such as: the use of meeting rooms, the right to draw for an organizational floor, the right to raise funds on campus.
4. Suspension: The board may suspend a student for a definite period of time not to exceed two years and may require the student to make application for re-admission.
5. Revocation of Charter: The Campus Hearing Board may decide to revoke an organization’s charter for a definite period of time not to exceed two years. At the end of such time period the organization will need to submit an organizational charter in order to be recognized.
6. Educational sanctions: In addition to any of the above sanctions, the hearing board may also render creative or educational sanctions, which are designed for the individual(s) and violations involved.
7. Expulsion: Expulsion is an option in cases of interpersonal violence.
C. Both the accused and the complainant shall be advised by the judicial officer regarding the sanctions(s) given and the rationale for the board decisions.
7.3.2.5 Social Fraternity/Sorority Hearing Board
The Campus Hearing Board shall also function as the Social Fraternity/Sorority Hearing Board. Please refer to the Greeks and Other Campus Organizations section in this handbook.
A. Campus Appeal Board shall be established and shall hear only appeals, and only from the Campus Hearing Board and Honor Council.
7.3.3.1 Composition: The Campus Appeal Board shall be made up as follows: The Vice President for Student Life, the President of the Luther College Student Senate, and the Chairperson of the Faculty Interests Committee.
7.3.3.2 Jurisdiction: The Campus Appeal Board has appellate jurisdiction over the Campus Hearing Board and Honor Council. It has no ’’original” jurisdiction and is the final arbitrator in matters of campus discipline.
7.3.3.3 Process:
A. The “right” of appeal does not entitle a student or organization to a full rehearing of the entire case. Rather, the appeal board shall limit its review of the Campus Hearing Board/Honor Council’s record to three issues:
1. Did the Campus Hearing Board/Honor Council conduct itself in such a way that the accused, student or organization, had an adequate or receive “due process” opportunity to prepare and present his or her defense?
2. Was the evidence presented at the hearing “substantial” enough to justify a decision against the student/organization?
3. Was the sanction imposed in keeping with the gravity of the wrongdoing?
B. The appeal board shall not hear an appeal unless the accused presents the board with a written complaint touching on one or more of the above issues. The appeal board shall limit its inquiry to the issue, or issues, put forward in that complaint.
C. If, in the opinion of the board, the appeal lacks merit it has the power to refuse to accept it.
D. If the board does accept the appeal, it shall review the record from the Campus Hearing Board/Honor Council, and shall also meet with that student and the Campus Hearing Board/Honor Council.
E. The decision of the appeal board is final.
If the appeal board accepts the report of the Campus Hearing Board/Honor Council (whether it lowers the sanction or not), the matter is deemed final; except that either party may petition the original hearing board to reopen the matter upon the discovery of new evidence. The Campus Hearing Board/Honor Council will judge the sufficiency of the new evidence, and no appeal can be taken from its decision.
7.3.3.4 Decisions: After hearing an appeal the Campus Appeal Board may decide as follows:
A. Accept the report and decision of the Campus Hearing Board/Honor Council.
B. Direct the Campus Hearing Board/Honor Council to rehear the case in keeping with suggestions that the appeal board may make.
C. Reverse the Campus Hearing Board/Honor Council’s decision and dismiss the case.
D. Accept the decision of the Hearing Board/Honor Council, but reduce the sanction imposed. The appeal board may not increase the sanction.
The Articles of Incorporation of Luther College give power and authority over the supervision of the curriculum, instruction, and policies of the college to the Board of Regents. The board, in turn, delegates the responsibility for the leadership and implementation of policies to the President as the executive head of the college and chairperson of the faculty. The President, in turn, delegates much of this responsibility to vice presidents and to faculty committees.
The faculty has the responsibility for establishing departments, deciding upon courses of study, and determining requirements for admission and graduation. Faculty also has the responsibility for establishing rules and regulations for college governance and for the suspension and expulsion of students.
Because the ultimate institutional responsibility for the exercise of decision rests with the President, he/she may deem it necessary to recall his/her delegation of power and exercise it him/herself. Certainly this would be a rare instance. Technically, the President could have the absolutely final approval (subject to the Board of Regents) of any decision reached by any of the hearing or appeal boards. However, the President would certainly be concerned only with the most unusual and serious cases heard by the Campus Hearing Board and Campus Appeal Board. In a technical sense, the hearing boards do nothing more than “recommend” disciplinary action to the President, and by the President’s failure to intercede, he/she accepts their recommendation. In essence, then, the President delegates power and discretion over student disciplinary matters with the hearing and appeal boards in all possible cases, exercising his/her own prerogatives only when it is necessary to avoid damage to the institution.
7.3.4.1 Temporary Suspension Power:
The President, or designee, in consultation with the appropriate administrative personnel, may in emergency situations suspend any student from the college and/or residence halls when the behavior of that student threatens the safety of other members of the community. The Campus Hearing Board shall be convened as soon as practical to review, as a matter of original jurisdiction, the action of the President. It will render its judgment regarding continuation of suspension and/or other sanctions according to its usual processes.
A Traffic Hearing Board shall be established for the purpose of arbitrating grievances between the office responsible for campus motor vehicle regulations and persons subject to these regulations, and to impose sanctions and render judgments (adjusting citations, reducing the amount of fines, restricting parking privileges, etc.) which are not unilaterally made by persons charged with policing parking facilities and motor vehicle operations. Please also refer to the Parking and Traffic section in this handbook.