Home > Faculty & Staff > Policies & Procedures > Policy 8.1.6
Policy 8.1.6
Policy and Procedures Manual
Classification Number: 8.1.6
Revised: August 12, 2020
Ìý
SUBJECT: STUDENT DISCIPLINE POLICY
The purpose of the university discipline policy and system is to encourage appropriate behavior, discourage inappropriate behavior, and ensure a safe, comfortable and educationally sound campus environment.
The system is not primarily punitive, but rather educational in intent, although sanctions on certain behaviors will be imposed if these behaviors violate university standards of conduct.
DEFINITION OF SANCTIONS
Fines
Fines may be levied by the executive director of student services, judicial council, housing staff and dormitory staff. Fines are a reminder that further violation of university rules and regulations may result in more stringent disciplinary action. A list of fines is available in the Housing Office and the Office of Executive Director of Student Services.
Loss of Privileges
Loss of Privileges entails any or all of the following sanctions:
- Removal from preferred university
- Restriction from attending designated university
- Restriction from the lobbies of residence halls and/or other public gathering places on campus such as Pete's Place or the Laney
- Loss of dorm visitation
- Restriction from eating meals in the
Eviction
Eviction entails the following: immediate removal from university housing. Removal from housing due to disciplinary sanction will not remove in any way the student's responsibility to pay housing charges for the semester in which this sanction is administered.
Community Service
Community Service may be required of a student as a sanction for violating the student conduct policy. Community Service would entail participation in for the designated number of hours for a designated community service organization in the local community or on campus.
Restitution
Restitution entrails reimbursement for the university or other affected parties for damages to property, or for the replacement of lost or stolen articles.
Formal Reprimand
Formal Reprimand entrails the following sanctions: a stern warning that any further violation of university rules and regulations during the probationary period could result in disciplinary probation, suspension or expulsion.
Disciplinary Probation
May entail any or all of the following sanctions;
- restriction from representing the university in any fashion. This sanction includes all public performances or appearances under the auspices of the university.
- restriction from any university sponsored travel
- restriction from holding offices in any university organizations.
- restriction from receipt of any scholarship assistance (federal financial aid, state aid, or gifts directly to students from outside entities are not affected by this sanction.)
Disciplinary Suspension
Entails the following sanctions:
- The student will be restricted from enrollment during the period of suspension.
- Re-enrollment after suspension will be contingent upon approval of the executive director of student services or the vice president of academic affairs.
Disciplinary Expulsion
Disciplinary Expulsion permanently restricts the student from enrollment in the university
III. PLAINVIEW CAMPUS STUDENT DISCIPLINE PROCESS
The Student Discipline Process begins when the executive director of student services (EDSS) receives knowledge that a possible student conduct violation has occurred. Reports of a possible student conduct violation may arrive in a variety of different forms. The EDSS will, however, initiate the formal Student Conduct Process upon receipt, in any form, of information that indicates an alleged violation has occurred.
The EDSS will review the initial information regarding an alleged student conduct violation, and will decide to proceed in one of two ways:
1. The EDSS may choose, given the nature of the alleged violation and the evidence available in the initial report, to move directly to a Student Conduct Hearing over which he/she will preside.
2. The EDSS may designate a Student Conduct Investigator (SCI) to conduct an investigation into the alleged violation.
a. A Student Conduct Investigator is a university official who is charged with conducting interviews, reviewing/collecting evidence, and evaluating pertinent information regarding an alleged violation of the Student Conduct Policy.
b. The SCI is ultimately responsible for creating and delivering an Investigative Summary that is delivered to the EDSS for review in the adjudication process. The Investigative Summary will include a review and an evaluation of the evidence.
c. SCIs are not involved in the adjudication process beyond their contribution of the Investigative Summary. They may be called as a witness by the adjudicator/adjudicating body if the adjudicator/adjudicating body deems such testimony as necessary in their deliberations.
The following process will occur in cases where the EDSS chooses, given the nature of the alleged violation and the evidence available in the initial report, to move directly to a Student Conduct Hearing. The EDSS may, at any point in this process, decide to 1) submit the case to the Judicial Council or 2) refer the case to the senior vice president of operations and student life. Each of these processes are outlined later in this document The process for moving directly to a Student Conduct Hearing is as follows:
1) Administrative Summons - Students will receive an Administrative Summons to appear before the EDSS. This Summons will include, at minimum, the date, time and location of the Student Conduct Hearing. The Administrative Summons will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the details of a Student Conduct Hearing, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. Under normal circumstances, the Summons will be delivered at least 24 hours prior to the Student Conduct Hearing. The university reserves the right, particularly in cases where the immediate safety of students, faculty and staff may be at issue, to require a Student Conduct Hearing less than 24 hours from the receipt of an Administrative Summons. An Administrative Summons takes precedence over all other activities, and failure to appear in response to an Administrative Summons will be considered a violation of the Student Conduct Policy which lists failure to comply with other conduct standards as set forth in university publications or by university officials as a violation. As such, failure to appear in response to an Administrative Summons may result in disciplinary action.
2) Notification of Charges - Students receive notification of which violations in the Student Conduct Policy are being investigated prior to, or at minimum at the beginning of the Student Conduct Hearing. The Notification of Charges will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the alleged violations, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. In some cases, the alleged violations may be included with the Administrative Summons. If, during the Student Conduct Hearing, additional violations of the Student Conduct Policy are discovered, those violations will also be incorporated into the adjudication process.
3) Notification of Rights - Students will receive notification of their rights in the Student Conduct Process prior to, or at minimum at the beginning of the Student Conduct Hearing. The Notification of Rights will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the student's rights, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. In some cases, the Notification of Rights may be included with the Administrative Summons. In a Student Conduct Hearing, students will have:
a. the right to make an oral presentation.
b. the right to present evidence and/or witnesses' statements.
c. the right to have an advisor present during the hearing
i. The advisor must be a 51³Ô¹ÏÍøÊÓƵ Baptist University faculty or staff member
ii. The advisor may only support and advise the student during the hearing. They may not make statements or involve themselves in any way in the proceedings.
iii. Advisors who disrupt the proceedings in any way will be removed immediately.
4) Notification of Resources - Students will receive notification of resources available to them regarding the Student Conduct Process prior to, or at minimum at the beginning of the Student Conduct Hearing. These resources may include counseling services, victim advocacy services, addiction recovery services, academic support, financial aid counseling and/or other resources that students might find helpful during the Student Conduct Process. The Notification of Resources will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying available student resources, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. In some cases, the Notification of Resources may be included with the Administrative Summons.
5) Student Conduct Hearing - Students will appear before the EDSS at the appointed time, at the appointed location for the Student Conduct Hearing. This hearing will serve as an opportunity for the EDSS to hear statements from the student and to review any evidence provided by the student.
a. The student will have the opportunity to make an oral presentation to the EDSS.
b. The student will answer questions posed to him/her by the EDSS.
c. The student will have the opportunity to present any pertinent evidence to the EDSS.
d. The student may present written statements from witnesses. These statements must include the witnesses' 51³Ô¹ÏÍøÊÓƵ ID number and must be signed by the witnesses in the presence of a 51³Ô¹ÏÍøÊÓƵ faculty or staff member. The faculty or staff member must also sign and print their name on the document in order to confirm the identity of the witness. The adjudicator/adjudicating body reserves the right to summon any witnesses.
e. Students who fail to appear for the Student Conduct Hearing may face further disciplinary action for failing to appear and will have their case adjudicated in their absence.
f. Following the conclusion of the Student Conduct Hearing, the EDSS may schedule other hearings in order to gather information from other involved parties or to review witness testimony.
g. Students may be required to appear for Student Conduct Hearings multiple times related to a single case.
6) Ruling - Upon the conclusion of all hearings related to a case, the EDSS will submit a ruling. The EDSS may rule that the student is 1) Not Responsible for violating the Student Conduct Policy, or 2) Responsible for violating the Student Conduct Policy. A finding of Responsible will be based on a preponderance of evidence In other words, in finding a student responsible for violating the Student Conduct Policy, the adjudicator/adjudicating body will have determined that the evidence indicates that the student is more likely than not to have committed the alleged student conduct violation. This ruling, along with a rationale for the decision and any related sanctions, will be delivered to the student within five business days of the conclusion of all hearings related to the case. The Ruling will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the Ruling, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. Grounds and instructions for filing an appeal can be found in the section below entitled Appeals.
In cases where the EDSS designates a Student Conduct Investigator (SCI) to conduct an investigation into the alleged violation, the following process will occur with regard to the investigation:
1) the EDSS will forward an Incident Report that includes information about the alleged violation(s) to the SCI. The SCI will a) conduct interviews b) review/collect evidence and c) evaluate pertinent information regarding any alleged violations of the Student Conduct Policy.
2) Students will receive an Administrative Summons to interview with the SCI. This Summons will include, at minimum, the date, time and location of the Student Conduct Interview. The Administrative Summons will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the details of a Student Conduct Interview, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. The Summons will be delivered at least 24 hours prior to the Student Conduct Interview. The university reserves the right, particularly in cases where the immediate safety of students, faculty and staff may be at issue, to require a Student Conduct Interview less than 24 hours from the receipt of an Administrative Summons. An Administrative Summons takes precedence over all other activities, and failure to appear in response to an Administrative Summons will be considered a violation of the Student Conduct Policy (Failure to comply with other conduct standards as set forth in university publications or by university officials). As such, failure to appear in response to an Administrative Summons may result in disciplinary action.
3) All Student Conduct Interviews will be recorded.
At the conclusion of the investigation, the SCI will then produce and deliver to the EDSS an Investigative Summary which will include a review and an evaluation of the evidence. Upon receipt of the Investigative Summary, the EDSS may then choose to do one of the following:
1) Submit the case to the Judicial Council
a. The Judicial Council will consist of one faculty member, one staff member and the EDSS as described in 51³Ô¹ÏÍøÊÓƵ Policies and Procedures policy 1.2.2 attachment A.
b. Judicial Council will be populated and will act in accordance with 51³Ô¹ÏÍøÊÓƵ Policies and Procedures policy 1.2.2.
2) Refer the case to the senior vice president of operations and student life (SVP)
3) Adjudicate the case himself/herself
a. The Investigative Summary will be utilized by the EDSS in any student conduct proceeding.
b. The process listed above for cases in which the EDSS chooses, given the nature of the alleged violation and the evidence available in the initial report, to move directly to a Student Conduct Hearing will be used.
If the EDSS submits the case to the Judicial Council, the Investigative Summary will be distributed to all members of the council and the following process will occur:
1) Hearing Notification - Students will receive notification that their case has been referred to the Judicial Council. The notification will include the identification of all members of the Judicial Council. The Hearing Notification will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the Hearing Notification, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. Upon receipt of the Hearing Notification, students will have the right to challenge a Council member's ability to adjudicate the case objectively because of a conflict of interest. 1) Challenges must be submitted to the EDSS via email within 48 hours of the student's receipt of the Hearing Notification in their 51³Ô¹ÏÍøÊÓƵ email. 2) The email must include the name of the member that the student is challenging and detailed grounds for submitting the challenge. 3) The EDSS will forward the challenge to the SVP, who will rule on all challenges within three business days of the student's submission of the challenge. The SVP's ruling will be delivered to the student's 51³Ô¹ÏÍøÊÓƵ email address as well as to the email of the EDSS. The SVP's decision will rest solely on his/her discernment of the Council member's ability to maintain objectivity during the proceedings. The decision of the SVP will be final.
2) Administrative Summons - Students will receive an Administrative Summons to appear before the Judicial Council. This Summons will include, at minimum, the date, time and location of the Judicial Council Hearing. The Administrative Summons will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the details of a Judicial Council Hearing, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. Under normal circumstances, the Summons will be delivered at least 24 hours prior to the Judicial Council Hearing. The university reserves the right, particularly in cases where the immediate safety of students, faculty and staff may be at issue, to require a Judicial Council Hearing less than 24 hours from the receipt of an Administrative Summons. An Administrative Summons takes precedence over all other activities, and failure to appear in response to an Administrative Summons will be considered a violation of the Student Conduct Policy which states lists failure to comply with other conduct standards as set forth in university publications or by university officials as a violation. As such, failure to appear in response to an Administrative Summons may result in disciplinary action.
3) Notification of Charges - Students will receive notification of which violations in the Student Conduct Policy are being investigated prior to, or at minimum at the beginning of the Judicial Council Hearing. The Notification of Charges will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the alleged violations, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. In some cases, the alleged violations may be included with the Administrative Summons. If, during the Judicial Council Hearing, additional violations of the student conduct policy are discovered, those violations will also be incorporated into the adjudication process.
4) Notification of Rights - Students will receive notification of their rights regarding the Student Conduct Process prior to, or at minimum at the beginning of the Judicial Council Hearing. The Notification of Rights will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the student's rights, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. In some cases, the Notification of Rights may be included with the Administrative Summons. In a Student Conduct Hearing, students will have:
a. the right to make an oral presentation.
b. the right to present evidence and/or witnesses' statements.
c. the right to have an advisor present during the hearing
i. The advisor must be a 51³Ô¹ÏÍøÊÓƵ Baptist University faculty or staff member
ii. The advisor may only support and advise the student during the hearing. They may not make statements or involve themselves in any way in the proceedings.
iii. Advisors who disrupt the proceedings in any way will be removed immediately.
5) Notification of Resources - Students will receive notification of resources available to them regarding the Student Conduct Process prior to, or at minimum at the beginning of the Judicial Council Hearing. These resources may include counseling services, victim advocacy services, addiction recovery services, academic support, financial aid counseling and/or other resources that students might find helpful during the Student Conduct Process. The Notification of Resources will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying available student resources, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. In some cases, the Notification of Resources may be included with the Administrative Summons.
6) Judicial Council Hearing - Students will appear before the Judicial Council at the appointed time, at the appointed location for the Judicial Council Hearing. During the Judicial Council Hearing students who are alleged to have committed a violation of the Student Conduct Policy will be required to appear. Other students who may have been involved or witnessed events related to the allegation will also be required to appear. The Judicial Council will consider the Investigative Summary submitted by the SCI as part of the case record. The Judicial Council may also review any evidence or interview collected or conducted by the SCI during the process of the investigation. Judicial Council Hearings will be recorded.
a. The student will have the opportunity to make an oral presentation to the Judicial Council.
b. The student will answer questions posed to him/her by the Judicial Council.
c. The student will have the opportunity to present any pertinent evidence to the Judicial Council.
d. The student may present written statements from witnesses. These statements must include the witnesses' 51³Ô¹ÏÍøÊÓƵ ID number and must be signed by the witnesses in the presence of a 51³Ô¹ÏÍøÊÓƵ faculty or staff member. The faculty or staff member must also sign and print their name on the document in order to confirm the identity of the witness. The adjudicator/adjudicating body reserves the right to summon any witnesses.
e. Students who fail to appear for the Judicial Council Hearing may face further disciplinary action for failing to appear and will have their case adjudicated in their absence.
f. Following the conclusion of the Judicial Council Hearing, the Judicial Council may schedule other hearings in order to gather information from other involved parties or to review witness testimony.
g. Students may be recalled to appear before the Judicial Council at the discretion of the Council.
7) Ruling - Upon the conclusion of all hearings related to a case, the Judicial Council will submit a ruling. The Judicial Council may rule that the student is 1) Not Responsible for violating the Student Conduct Policy, or 2) Responsible for violating the Student Conduct Policy. A finding of Responsible will be based on a preponderance of evidence In other words, in finding a student responsible for violating the Student Conduct Policy, the adjudicator/adjudicating body will have determined that the evidence indicates that the student is more likely than not to have committed the alleged student conduct violation. The Judicial Council will, when appropriate, recommend sanctions.
8) Sanctions - In cases where students are found to be Responsible for violating the Student Conduct Policy, the EDSS will consider the recommendations made by the Judicial Council and will administer sanctions. Sanctions are the exclusive responsibility of the EDSS. The Ruling, along with a rationale for the decision and any related sanctions, will be delivered to the student within five business days of the conclusion of all hearings related to the case. The Ruling will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the Ruling, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. Grounds and instructions for filing an appeal can be found in the section below titled Appeals.
In cases referred by the EDSS to the senior vice president of operations and student life (SVP), the SVP will be given access to the Investigative Summary, as well as any evidence submitted during the investigative process. The student will be notified via their 51³Ô¹ÏÍøÊÓƵ email address that their case has been referred to SVP. The SVP may choose to do one of the following:
1) Adjudicate the case.
2) Form an ad hoc committee of three faculty/staff representatives to adjudicate the case as designees.
a. Committee members will be chosen by the SVP at his/her sole discretion.
b. Committee members may include persons who have been appointed to the Judicial Council.
If the SVP elects to adjudicate the case, the following process will be utilized:
1) Administrative Summons - Students will receive an Administrative Summons to appear before the SVP. This Summons will include, at minimum, the date, time and location of the Student Conduct Hearing. The Administrative Summons will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the details of a Student Conduct Hearing, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. Under normal circumstances, the Summons will be delivered at least 24 hours prior to the Student Conduct Hearing. The university reserves the right, particularly in cases where the immediate safety of students, faculty and staff may be at issue, to require a Student Conduct Hearing less than 24 hours from the receipt of an Administrative Summons. An Administrative Summons takes precedence over all other activities, and failure to appear in response to an Administrative Summons will be considered a violation of the Student Conduct Policy which lists failure to comply with other conduct standards as set forth in university publications or by university officials as a violation. As such, failure to appear in response to an Administrative Summons may result in disciplinary action.
2) Notification of Charges - Students receive notification of which violations in the Student Conduct Policy are being investigated prior to, or at minimum at the beginning of the Student Conduct Hearing. The Notification of Charges will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the alleged violations, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. In some cases, the alleged violations may be included with the Administrative Summons. If, during the Student Conduct Hearing, additional violations of the Student Conduct Policy are discovered, those violations will also be incorporated into the adjudication process.
3) Notification of Rights - Students will receive notification of their rights in the Student Conduct Process prior to, or at minimum at the beginning of the Student Conduct Hearing. The Notification of Rights will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the student's rights, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. In some cases, the Notification of Rights may be included with the Administrative Summons. In a Student Conduct Hearing, students will have:
a. the right to make an oral presentation.
b. the right to present evidence and/or witnesses' statements.
c. the right to have an advisor present during the hearing
i. The advisor must be a 51³Ô¹ÏÍøÊÓƵ Baptist University faculty or staff member
ii. The advisor may only support and advise the student during the hearing. They may not make statements or involve themselves in any way in the proceedings.
iii. Advisors who disrupt the proceedings in any way will be removed immediately.
4) Notification of Resources - Students will receive notification of resources available to them regarding the Student Conduct Process prior to, or at minimum at the beginning of the Student Conduct Hearing. These resources may include counseling services, victim advocacy services, addiction recovery services, academic support, financial aid counseling and/or other resources that students might find helpful during the Student Conduct Process. The Notification of Resources will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying available student resources, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. In some cases, the Notification of Resources may be included with the Administrative Summons.
5) Student Conduct Hearing - Students will appear before the SVP at the appointed time, at the appointed location for the Student Conduct Hearing. This hearing will serve as an opportunity for the SVP to hear statements from the student and to review any evidence provided by the student.
a. The student will have the opportunity to make an oral presentation to the SVP.
b. The student will answer questions posed to him/her by the SVP.
c. The student will have the opportunity to present any pertinent evidence to the SVP.
d. The student may present written statements from witnesses. These statements must include the witnesses' 51³Ô¹ÏÍøÊÓƵ ID number and must be signed by the witnesses in the presence of a 51³Ô¹ÏÍøÊÓƵ faculty or staff member. The faculty or staff member must also sign and print their name on the document in order to confirm the identity of the witness. The adjudicator/adjudicating body reserves the right to summon any witnesses.
e. Students who fail to appear for the Student Conduct Hearing may face further disciplinary action for failing to appear and will have their case adjudicated in their absence.
f. Following the conclusion of the Student Conduct Hearing, the SVP may schedule other hearings in order to gather information from other involved parties or to review witness testimony.
g. Students may be required to appear for Student Conduct Hearings multiple times related to a single case.
6) Ruling - Upon the conclusion of all hearings related to a case, the SVP will submit a ruling. The SVP may rule that the student is 1) Not Responsible for violating the Student Conduct Policy, or 2) Responsible for violating the Student Conduct Policy. A finding of Responsible will be based on a preponderance of evidence In other words, in finding a student responsible for violating the Student Conduct Policy, the adjudicator/adjudicating body will have determined that the evidence indicates that the student is more likely than not to have committed the alleged student conduct violation. This ruling, along with a rationale for the decision and any related sanctions, will be delivered to the student within five business days of the conclusion of all hearings related to the case. The Ruling will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the Ruling, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. Grounds and instructions for filing an appeal can be found in the section below entitled Appeals.
If the SVP elects to form an ad hoc committee (AHC) of three faculty/staff representatives to adjudicate the case as designees, the following process will be utilized:
1) Hearing Notification - Students will receive notification that their case has been referred to the AHC. The notification will include the identification of all members of the AHC. The Hearing Notification will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the Hearing Notification, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. Upon receipt of the Hearing Notification, students will have the right to challenge a Council member's ability to adjudicate the case objectively because of a conflict of interest. 1) Challenges must be submitted to the SVP via email within 48 hours of the student's receipt of the Hearing Notification in their 51³Ô¹ÏÍøÊÓƵ email. 2) The email must include the name of the member that the student is challenging and detailed grounds for submitting the challenge. 3) The SVP will forward the challenge to the SVP, who will rule on all challenges within three business days of the student's submission of the challenge. The SVP's ruling will be delivered to the student's 51³Ô¹ÏÍøÊÓƵ email address as well as to the email of the SVP. The SVP's decision will rest solely on his/her discernment of the Council member's ability to maintain objectivity during the proceedings. The decision of the SVP will be final.
2) Administrative Summons - Students will receive an Administrative Summons to appear before the AHC. This Summons will include, at minimum, the date, time and location of the AHC Hearing. The Administrative Summons will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the details of a AHC Hearing, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. Under normal circumstances, the Summons will be delivered at least 24 hours prior to the AHC Hearing. The university reserves the right, particularly in cases where the immediate safety of students, faculty and staff may be at issue, to require a AHC Hearing less than 24 hours from the receipt of an Administrative Summons. An Administrative Summons takes precedence over all other activities, and failure to appear in response to an Administrative Summons will be considered a violation of the Student Conduct Policy which states lists failure to comply with other conduct standards as set forth in university publications or by university officials as a violation. As such, failure to appear in response to an Administrative Summons may result in disciplinary action.
3) Notification of Charges - Students will receive notification of which violations in the Student Conduct Policy are being investigated prior to, or at minimum at the beginning of the AHC Hearing. The Notification of Charges will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the alleged violations, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. In some cases, the alleged violations may be included with the Administrative Summons. If, during the AHC Hearing, additional violations of the student conduct policy are discovered, those violations will also be incorporated into the adjudication process.
4) Notification of Rights - Students will receive notification of their rights regarding the Student Conduct Process prior to, or at minimum at the beginning of the AHC Hearing. The Notification of Rights will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the student's rights, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. In some cases, the Notification of Rights may be included with the Administrative Summons. In a Student Conduct Hearing, students will have:
a. the right to make an oral presentation.
b. the right to present evidence and/or witnesses' statements.
c. the right to have an advisor present during the hearing
i. The advisor must be a 51³Ô¹ÏÍøÊÓƵ Baptist University faculty or staff member
ii. The advisor may only support and advise the student during the hearing. They may not make statements or involve themselves in any way in the proceedings.
iii. Advisors who disrupt the proceedings in any way will be removed immediately.
5) Notification of Resources - Students will receive notification of resources available to them regarding the Student Conduct Process prior to, or at minimum at the beginning of the AHC Hearing. These resources may include counseling services, victim advocacy services, addiction recovery services, academic support, financial aid counseling and/or other resources that students might find helpful during the Student Conduct Process. The Notification of Resources will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying available student resources, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. In some cases, the Notification of Resources may be included with the Administrative Summons.
6) AHC Hearing - Students will appear before the AHC at the appointed time, at the appointed location for the AHC Hearing. During the AHC Hearing students who are alleged to have committed a violation of the Student Conduct Policy will be required to appear. Other students who may have been involved or witnessed events related to the allegation will also be required to appear. The AHC will consider the Investigative Summary submitted by the SCI as part of the case record. The AHC may also review any evidence or interview collected or conducted by the SCI during the process of the investigation. AHC Hearings will be recorded.
a.The student will have the opportunity to make an oral presentation to the AHC.
b. The student will answer questions posed to him/her by the AHC.
c. The student will have the opportunity to present any pertinent evidence to the AHC.
d. The student may present written statements from witnesses. These statements must include the witnesses' 51³Ô¹ÏÍøÊÓƵ ID number and must be signed by the witnesses in the presence of a 51³Ô¹ÏÍøÊÓƵ faculty or staff member. The faculty or staff member must also sign and print their name on the document in order to confirm the identity of the witness. The adjudicator/adjudicating body reserves the right to summon any witnesses.
e. Students who fail to appear for the AHC Hearing may face further disciplinary action for failing to appear and will have their case adjudicated in their absence.
f. Following the conclusion of the AHC Hearing, the AHC may schedule other hearings in order to gather information from other involved parties or to review witness testimony.
g. Students may be recalled to appear before the AHC at the discretion of the Council.
7) Ruling - Upon the conclusion of all hearings related to a case, the AHC will submit a ruling. The AHC may rule that the student is 1) Not Responsible for violating the Student Conduct Policy, or 2) Responsible for violating the Student Conduct Policy. A finding of Responsible will be based on a preponderance of evidence In other words, in finding a student responsible for violating the Student Conduct Policy, the adjudicator/adjudicating body will have determined that the evidence indicates that the student is more likely than not to have committed the alleged student conduct violation. The AHC will, when appropriate, recommend sanctions.
8) Sanctions - In cases where students are found to be Responsible for violating the Student Conduct Policy, the SVP will consider the recommendations made by the AHC and will administer sanctions. Sanctions are the exclusive responsibility of the SVP. The Ruling, along with a rationale for the decision and any related sanctions, will be delivered to the student within five business days of the conclusion of all hearings related to the case. The Ruling will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the Ruling, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. Grounds and instructions for filing an appeal can be found in the section below titled Appeals.
IV. STUDENT DISCIPLINE APPEALS
Students found Responsible for violating the Student Conduct policy may appeal the decision or sanctions in writing by completing the Student Conduct Appeal Form within five business days of delivery of the Student Conduct Ruling. Students may appeal a ruling or sanctions for any of the following reasons:
1) New evidence (evidence not previously presented during the adjudication process) has become available that could change the ruling.
2) The student was not afforded due process as described in section III. PLAINVIEW CAMPUS ADJUDICATION PROCEDURES.
3) The sanction administered in the adjudication process was not consistent with the violation according to the 51³Ô¹ÏÍøÊÓƵ Baptist University Student Handbook and/or 51³Ô¹ÏÍøÊÓƵ Baptist University Policies and Procedures.
Appeals must be referred to an adjudicator/adjudicating body that is able to meet a basic objectivity requirement. In other words, the adjudicator/adjudicating body must not have been involved in the investigation or adjudication of the Student Conduct case which produced the appeal. Upon receipt of the Student Conduct Appeal Form, the executive director of student services (EDSS) will forward the completed form to the senior vice president of operations and student life (SVP). The SVP may then choose to do one of the following:
1) Adjudicate the appeal.
2) Appoint a designee to adjudicate the appeal.
3) Refer the appeal to the Judicial Council
4) Form an ad hoc committee of three faculty/staff representatives to adjudicate the appeal as designees of the SVP.
If the SVP decides to adjudicate the appeal, the following process will apply:
1) Notification of Designation - The SVP will notify the student of his/her decision to consider the appeal. The Notification of Designation will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the details of an Appeal Hearing, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address.
2) Ruling on Grounds - The SVP will examine the Student Conduct Appeal Form to determine whether or not grounds actually exist for an appeal. The appeal adjudicator/adjudicating body is solely responsible for determining whether or not grounds for an appeal exist.
a. If none of the three criteria previously mentioned are, in the determination of the adjudicator/adjudicating body, present in the appeal, the appeal will be denied.
b. If one or more of the previously mentioned criteria are met by the appeal, then the appeal process will be allowed to continue.
c. Students will receive notification regarding the status of their appeal within five business days of the student's submission of the appeal form.
d. The Ruling on Grounds will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the details of the ruling, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address.
3) Review of Record - If the SVP determines that grounds do, in fact, exist for an appeal, then the SVP will review the case record. The SVP may review any or all of the materials entered into the case record including, but not limited to evidence collected, investigative summaries and any or all student conduct interviews conducted during the course of the investigation. The SVP may also review the proceedings of any student conduct hearing related to the case. In cases where no new evidence has been presented as part of the appeal, the appeal process will proceed to Appeal Ruling.
4) Appeal Hearing - Appeal hearings will be convened by the adjudicator/adjudicating body only in cases where new evidence is alleged to have become available that could change the ruling.
a. Administrative Summons - Students will receive an Administrative Summons to appear before the SVP. This Summons will include, at minimum, the date, time and location of the Appeal Hearing. The Administrative Summons will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the details of an Appeal Hearing, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. The Summons will be delivered at least 24 hours prior to the Appeal Hearing.
b. Appeal Hearing - Students will appear before the SVP at the appointed time, at the appointed location for the Appeal Hearing. This hearing will serve as an opportunity for the SVP to review new evidence that is being presented as part of the appeal and to interview the student regarding the new evidence.
i. The student will have the opportunity make an oral presentation to the SVP.
ii. The student will answer questions posed to him/her by the SVP.
iii. The student will have the opportunity to present any new evidence to the SVP.
iv. The student may present written statements from witnesses. These statements must include the witness' student ID number and must be signed by the witness in the presence of a university official. The university official must also sign and print their name on the document in order to confirm the identity of the witness.
v. Students who fail to appear for the Student Conduct Hearing will have their case adjudicated in their absence.
5) Appeal Ruling - The SVP will render a decision regarding the appeal. This decision will be based on the case record and the Student Conduct Appeal form submitted by the student. In cases where new evidence has been submitted as part of the appeal process, that evidence, as well as the proceedings of the Appeal Hearing, will be considered as well. The student will be notified of the decision within 20 business days of the submission of the Ruling on Grounds. The Appeal Ruling will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the details of the ruling, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. All Appeal Rulings will be final.
The SVP may decide to appoint a designee to consider an appeal. The designee appointed by the SVP must be 1) a member of the faculty or staff at 51³Ô¹ÏÍøÊÓƵ Baptist University and 2) able to meet the basic objectivity requirement (see above) for the appeal process. In cases where the SVP decides to appoint a designee to consider an appeal, the following process will apply:
1) Notification of Designation - The SVP will notify the student of his/her decision to appoint a designee to consider the appeal. The notification from the SVP will include the name and title of the designee. The Notification of Designation will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the details of an Appeal Hearing, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. Upon receipt of the Notification of Designation, students will have the right to challenge the designee's ability to adjudicate the case objectively because of a conflict of interest.
a. Challenges must be submitted to the SVP via email within 48 hours of the student's receipt of the Notification of Designation in their 51³Ô¹ÏÍøÊÓƵ email.
b. The email must include detailed grounds for submitting the challenge.
c. The SVP will rule on all challenges within three business days of the student's submission of the challenge.
d. The SVP's ruling will be delivered to the student's 51³Ô¹ÏÍøÊÓƵ email. The SVP's decision will rest solely on his/her discernment of the Council member's ability to maintain objectivity during the proceedings. The decision of the SVP will be final.
2) Ruling on Grounds - The designee will examine the Student Conduct Appeal Form to determine whether or not grounds actually exist for an appeal. The appeal adjudicator/adjudicating body is solely responsible for determining whether or not grounds for an appeal exist.
a. If none of the three criteria previously mentioned are, in the determination of the adjudicator/adjudicating body, present in the appeal, the appeal will be denied.
b. If one or more of the previously mentioned criteria are met by the appeal, then the appeal process will be allowed to continue.
c. Students will receive notification regarding the status of their appeal within five business days of delivery of the Notification of Designation to the student's 51³Ô¹ÏÍøÊÓƵ email.
d. The Ruling on Grounds will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the details of the ruling, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address.
3) Review of Record - If the designee determines that grounds do, in fact, exist for an appeal, then the designee will review the case record. The designee may review any or all of the materials entered into the case record including, but not limited to evidence collected, investigative summaries and any or all student conduct interviews conducted during the course of the investigation. The designee may also review the proceedings of any student conduct hearing related to the case. In cases where no new evidence has been presented as part of the appeal, the appeal process will proceed to Appeal Ruling.
4) Appeal Hearing - Appeal hearings will be convened by the adjudicator/adjudicating body only in cases where new evidence is alleged to have become available that could change the ruling.
a. Administrative Summons - Students will receive an Administrative Summons to appear before the designee. This Summons will include, at minimum, the date, time and location of the Appeal Hearing, as well as the name and title of the designee. The Administrative Summons will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the details of an Appeal Hearing, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. The Summons will be delivered at least 24 hours prior to the Appeal Hearing.
b. Appeal Hearing - Students will appear before the designee at the appointed time, at the appointed location for the Appeal Hearing. This hearing will serve as an opportunity for the designee to review new evidence that is being presented as part of the appeal and to interview the student regarding the new evidence.
i. The student will have the opportunity make an oral presentation to the designee.
ii. The student will answer questions posed to him/her by the designee.
iii. The student will have the opportunity to present any new evidence to the designee.
iv. The student may present written statements from witnesses. These statements must include the witness' student ID number and must be signed by the witness in the presence of a university official. The university official must also sign and print their name on the document in order to confirm the identity of the witness.
v. Students who fail to appear for the Student Conduct Hearing will have their case adjudicated in their absence.
5) Appeal Ruling - The designee will render a decision regarding the appeal. This decision will be based on the case record and the Student Conduct Appeal form submitted by the student. In cases where new evidence has been submitted as part of the appeal process, that evidence, as well as the proceedings of the Appeal Hearing, will be considered as well. The student will be notified of the decision within 20 business days of the submission of the Ruling on Grounds. The Appeal Ruling will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the details of the ruling, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. All Appeal Rulings will be final.
The SVP may decide to refer the appeal to the Judicial Council. The Judicial Council must be able to meet the basic objectivity requirement. In other words, the Council must not have been involved in the adjudication of the case. Any members of the Council who may have been involved in either the investigation or adjudication of the case apart from the council would be replaced by alternate members. In cases where the appeal is referred to Judicial Council by the SVP, the following process will apply:
1) Notification of Designation - The SVP will notify the student of his/her decision to appoint the Judicial Council to consider the appeal. The notification from the SVP will include the names and titles of all Judicial Council members. The Notification of Designation will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the details of an Appeal Hearing, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. Upon receipt of the Notification of Designation, students will have the right to challenge a Judicial Council member's ability to adjudicate the case objectively because of a conflict of interest.
a. Challenges must be submitted to the SVP via email within 48 hours of the student's receipt of the Notification of Designation in their 51³Ô¹ÏÍøÊÓƵ email.
b. The email must include the name of the member that the student is challenging and detailed grounds for submitting the challenge.
c. The SVP will rule on all challenges within three business days of the student's submission of the challenge.
d. The SVP's ruling will be delivered to the student's 51³Ô¹ÏÍøÊÓƵ email. The SVP's decision will rest solely on his/her discernment of the Council member's ability to maintain objectivity during the proceedings. The decision of the SVP will be final.
2) Ruling on Grounds - The Judicial Council will examine the Student Conduct Appeal Form to determine whether or not grounds actually exist for an appeal. The appeal adjudicator/adjudicating body is solely responsible for determining whether or not grounds for an appeal exist.
a. If none of the three criteria previously mentioned are, in the determination of the adjudicator/adjudicating body, present in the appeal, the appeal will be denied.
b. If one or more of the previously mentioned criteria are met by the appeal, then the appeal process will be allowed to continue.
c. Students will receive notification regarding the status of their appeal within five business days of delivery of the Notification of Designation to the student's 51³Ô¹ÏÍøÊÓƵ email.
d. The Ruling on Grounds will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the details of the ruling, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address.
3) Review of Record - If the Judicial Council determines that grounds do, in fact, exist for an appeal, then the Judicial Council will review the case record. The Judicial Council may review any or all of the materials entered into the case record including, but not limited to evidence collected, investigative summaries and any or all student conduct interviews conducted during the course of the investigation. The Judicial Council may also review the proceedings of any student conduct hearing related to the case. In cases where no new evidence has been presented as part of the appeal, the appeal process will proceed to Appeal Ruling.
4) Appeal Hearing - Appeal hearings will be convened by the adjudicator/adjudicating body only in cases where new evidence is alleged to have become available that could change the ruling.
a. Administrative Summons - Students will receive an Administrative Summons to appear before the Judicial Council. This Summons will include, at minimum, the date, time and location of the Appeal Hearing, as well as the name and title of the Judicial Council. The Administrative Summons will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the details of an Appeal Hearing, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. The Summons will be delivered at least 24 hours prior to the Appeal Hearing.
b. Appeal Hearing - Students will appear before the Judicial Council at the appointed time, at the appointed location for the Appeal Hearing. This hearing will serve as an opportunity for the Judicial Council to review new evidence that is being presented as part of the appeal and to interview the student regarding the new evidence.
i. The student will have the opportunity make an oral presentation to the Judicial Council.
ii. The student will answer questions posed to him/her by the Judicial Council.
iii. The student will have the opportunity to present any new evidence to the Judicial Council.
iv. The student may present written statements from witnesses. These statements must include the witness' student ID number and must be signed by the witness in the presence of a university official. The university official must also sign and print their name on the document in order to confirm the identity of the witness.
v. Students who fail to appear for the Student Conduct Hearing will have their case adjudicated in their absence.
5) Appeal Ruling - The Judicial Council will render a decision regarding the appeal. This decision will be based on the case record and the Student Conduct Appeal form submitted by the student. In cases where new evidence has been submitted as part of the appeal process, that evidence, as well as the proceedings of the Appeal Hearing, will be considered as well. The student will be notified of the decision within 20 business days of the submission of the Ruling on Grounds. The Appeal Ruling will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the details of the ruling, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. All Appeal Rulings will be final.
The SVP may also decide to appoint an ad hoc committee (AHC) to consider the appeal. Each member of the committee must be 1) a member of the faculty or staff at 51³Ô¹ÏÍøÊÓƵ Baptist University and 2) able to meet the basic objectivity requirement. In cases where the SVP has appointed a committee to consider an appeal, the following process will apply:
1) Notification of Designation - The SVP will notify the student of his/her decision to appoint the AHC to consider the appeal. The notification from the SVP will include the names and titles of all AHC members. The Notification of Designation will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the details of an Appeal Hearing, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. Upon receipt of the Notification of Designation, students will have the right to challenge an AHC member's ability to adjudicate the case objectively because of a conflict of interest.
a. Challenges must be submitted to the SVP via email within 48 hours of the student's receipt of the Notification of Designation in their 51³Ô¹ÏÍøÊÓƵ email.
b. The email must include the name of the member that the student is challenging and detailed grounds for submitting the challenge.
c. The SVP will rule on all challenges within three business days of the student's submission of the challenge.
d. The SVP's ruling will be delivered to the student's 51³Ô¹ÏÍøÊÓƵ email. The SVP's decision will rest solely on his/her discernment of the Council member's ability to maintain objectivity during the proceedings. The decision of the SVP will be final.
2) Ruling on Grounds - The AHC will examine the Student Conduct Appeal Form to determine whether or not grounds actually exist for an appeal. The appeal adjudicator/adjudicating body is solely responsible for determining whether or not grounds for an appeal exist.
a. If none of the three criteria previously mentioned are, in the determination of the adjudicator/adjudicating body, present in the appeal, the appeal will be denied.
b. If one or more of the previously mentioned criteria are met by the appeal, then the appeal will process will be allowed to continue.
c. Students will receive notification regarding the status of their appeal within five business days of delivery of the Notification of Designation to the student's 51³Ô¹ÏÍøÊÓƵ email.
d. The Ruling on Grounds will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the details of the ruling, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address.
3) Review of Record - If the AHC determines that grounds do, in fact, exist for an appeal, then the AHC will review the case record. The AHC may review any or all of the materials entered into the case record including, but not limited to evidence collected, investigative summaries and any or all student conduct interviews conducted during the course of the investigation. The AHC may also review the proceedings of any student conduct hearing related to the case. In cases where no new evidence has been presented as part of the appeal, the appeal process will proceed to Appeal Ruling.
4) Appeal Hearing - Appeal hearings will be convened by the adjudicator/adjudicating body only in cases where new evidence is alleged to have become available that could change the ruling.
a. Administrative Summons - Students will receive an Administrative Summons to appear before the AHC. This Summons will include, at minimum, the date, time and location of the Appeal Hearing, as well as the name and title of the AHC. The Administrative Summons will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the details of an Appeal Hearing, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. The Summons will be delivered at least 24 hours prior to the Appeal Hearing.
b. Appeal Hearing - Students will appear before the AHC at the appointed time, at the appointed location for the Appeal Hearing. This hearing will serve as an opportunity for the AHC to review new evidence that is being presented as part of the appeal and to interview the student regarding the new evidence.
i. The student will have the opportunity make an oral presentation to the AHC.
ii. The student will answer questions posed to him/her by the AHC.
iii. The student will have the opportunity to present any new evidence to the AHC.
iv. The student may present written statements from witnesses. These statements must include the witness' student ID number and must be signed by the witness in the presence of a university official. The university official must also sign and print their name on the document in order to confirm the identity of the witness.
v. Students who fail to appear for the Student Conduct Hearing will have their case adjudicated in their absence.
5) Appeal Ruling - The AHC will render a decision regarding the appeal. This decision will be based on the case record and the Student Conduct Appeal form submitted by the student. In cases where new evidence has been submitted as part of the appeal process, that evidence, as well as the proceedings of the Appeal Hearing, will be considered as well. The student will be notified of the decision within 20 business days of the submission of the Ruling on Grounds. The Appeal Ruling will be delivered, at minimum, to the student's 51³Ô¹ÏÍøÊÓƵ email address. Other forms of communication such as text messaging and hard copy letters may be used in conveying the details of the ruling, but students are ultimately responsible for any official university communication delivered to their 51³Ô¹ÏÍøÊÓƵ email address. All Appeal Rulings will be final.
V. EXTERNAL CAMPUS STUDENT DISCIPLINE PROCESS
The executive director/campus dean for each external campus will determine appropriate courses of action for investigating and adjudicating issues of alleged violation of the applicable standards of conduct outlined in Section II above. The process used is outlined below.
A. The executive director/campus dean will notify the student accused of the violation within seven working days after the incident is reported to the executive director/campus dean. The notification will include which alleged violations of the Student Conduct Policy are being investigated, as well as an explanation of possible outcomes of the investigation into the incident, including the possibility of any of the sanctions outlined in Section III above.
B. The executive director/campus dean will investigate allegations of violations of conduct standards and will recommend any sanctions deemed appropriate to the vice president of external campuses within 20 work days of notification to the student. An ad hoc committee of faculty, staff and/or students may be convened at the discretion of the executive director/campus dean to assist in the investigation and in formulating recommendations for the vice president of external campuses.
C. The vice president of external campuses will review the recommendation and will resolve any questions arising from that review in conjunction with the executive director/campus dean. The vice president of external campuses will notify students of the results of the investigation and of any sanctions to be imposed with 10 work days of receipt of the recommendation from the external campus.
VI. APPEAL PROCESS FOR EXTERNAL CAMPUS STUDENTS
Students found Responsible for violating the Student Conduct Policy may appeal the decision or sanctions in writing by submitting an appeal letter via email to the vice president of external campuses who will deliver the appeal to the senior vice president of operations and student life (SVP). Students may appeal a ruling or sanctions for any of the following reasons:
1) New evidence (evidence not previously presented during the adjudication process) has become available that could change the ruling.
2) The student was not afforded due process as described in section III. PLAINVIEW CAMPUS ADJUDICATION PROCEDURES.
3) The sanction administered in the adjudication process was not consistent with the violation according to the 51³Ô¹ÏÍøÊÓƵ Baptist University Student Handbook and/or 51³Ô¹ÏÍøÊÓƵ Baptist University Policies and Procedures.
Appeals must be submitted within ten working days of receipt of the vice president of external campuses' notification of the decision. The SVP, his/her designee, or ad hoc committee will make a ruling on the basis of the record and will notify the student of the decision within a reasonable time, not to exceed 20 work days from receipt of the appeal. The decision of the SVP, his/her designee, or ad hoc committee is final and no further appeal can be made.
VII. ONLINE STUDENT DISCIPLINE PROCESS
Any student who is affiliated solely with WBUonline will be referred to in this policy as an online student. An online student may request to participate in the required hearings via teleconference or web conference. For those online students who are geographically displaced from the Plainview campus, the university will accommodate differences in time zones and provide a hearing at a reasonable time for all parties.
The director of WBUonline will determine appropriate courses of action for investigating and adjudicating issues of alleged violation of the applicable standards of conduct outlined in Section II above. The process used is outlined below.
A. The student accused of the violation will be notified within seven working days after the incident is reported to the director of WBUonline. The notification will include which alleged violations of the Student Conduct Policy are being investigated, as well as an explanation of possible outcomes of the investigation into the incident, including the possibility of any of the sanctions outlined in Section III above.
B. The director of WBUonline will investigate allegations of violations of conduct standards and will recommend any sanctions deemed appropriate to the vice president of academic affairs within 20 work days of notification to the student. An ad hoc committee may be convened at the discretion of the director of WBUonline to assist in the investigation and in formulating recommendations for the vice president of academic affairs. The ad-hoc committee, appointed by the director, will be comprised of two full-time faculty with online teaching experience at 51³Ô¹ÏÍøÊÓƵ, two students (at least one online student), one university staff member, and the director of WBUonline (non-voting).
C. The vice president of academic affairs will review the recommendation and will resolve any questions arising from that review in conjunction with the director of WBUonline. The vice president of academic affairs will notify students of the results of the investigation and of any sanctions to be imposed with 10 work days of receipt of the recommendation from WBUonline.
VIII. APPEAL PROCESS FOR ONLINE STUDENTS
Students found Responsible for violating the Student Conduct Policy may appeal the decision or sanctions in writing by submitting an appeal letter via email to the senior vice president of operations and student life (SVP). Students may appeal a ruling or sanctions for any of the following reasons:
1) New evidence (evidence not previously presented during the adjudication process) has become available that could change the ruling.
2) The student was not afforded due process as described in section III. PLAINVIEW CAMPUS ADJUDICATION PROCEDURES.
3) The sanction administered in the adjudication process was not consistent with the violation according to the 51³Ô¹ÏÍøÊÓƵ Baptist University Student Handbook and/or 51³Ô¹ÏÍøÊÓƵ Baptist University Policies and Procedures.
Appeals must be submitted within ten working days of receipt of the vice president of academic affairs' notification of the decision. The SVP, his/her designee, or ad hoc committee will make a ruling on the basis of the record and will notify the student of the decision within a reasonable time, not to exceed 20 work days from receipt of the appeal. The decision of the SVP, his/her designee, or ad hoc committee is final and no further appeal can be made.
Contact for Interpretation: Senior Vice President of Operations and 51³Ô¹ÏÍøÊÓƵ
_________________________________________________________________
This policy statement supersedes all previous policy statements on this subject.
Revisions:
- 08/12/2020 - Revision, clarifications of processes of discipline
- 02/13/2019 - Revision, clarifications of sanctions and standards
- 08/10/2018 - Review and revision to conduct standards and sanctions
- 08/14/2017 - Revision-title changes
- 08/04/2014 - Review, Revised-Deletion of Judicial Council section, addition of H. under Conduct Standards, addition of separate external campus sections
- 08/01/2010 - Committee membership reference to 1.2.2 attachment A
- 08/29/2009 - Title changes
- 04/25/2007 - Review; title changes; reference to 1.5.3
- 08/01/2004 - Change to policy 8.1.6; policy title correction; conduct standards addition
- 07/21/2003 - Inception of 8.2.8
Ìý