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Student Conduct Process

Any faculty member, administrator, staff member or student may file a complaint against a student for alleged misconduct. A referral is initiated by filing a formal request at the office of the assistant dean for student development. The formal request should include alleged violation(s) of College policy with documenting facts supporting such allegations. Preliminary decisions regarding the severity of a student conduct case and the adjudicating officer(s) will be determined by either the vice president for student development or the assistant dean for student development. The majority of cases are handled through educational conferences or formal mediation attempts. If a case is serious enough to warrant a formal hearing, the assistant dean for student development will notify all of the involved parties as to the date, time, and place of the hearing.

A. ORGANIZATION

1. Educational conference/Informal hearing
In order bring closure to an incident a student may be expected to attend an educational conference/informal hearing. The assistant dean for student development and/or a member of the Campus Life and Leadership Staff and/or Student Development will conduct the hearing. The hearing will be held at the time and place indicated in the letter of notification sent to the student. In the event a student cannot attend a hearing due to some emergency, it is his/her responsibility to contact the hearing officer(s). Failure to provide such notification will result in the hearing being conducted in the student’s absence. Any witnesses to the alleged incident may be requested to attend the hearing at the discretion of the hearing officer(s). All hearings are private and closed to everyone except the involved persons unless special arrangements are deemed necessary by the hearing officer(s).

The following is a general description of the educational conference/informal hearing procedures. These procedures may vary as appropriate for specific hearings.
• The hearing officer(s) will read the incident report(s) and ask questions of the accused student(s) and relevant witnesses who were invited to attend the hearing.
• The accused student(s) will be asked to present an account of the incident or behavior in question, including presenting relevant evidence and responding to any information provided by any witnesses.
• The hearing officer(s) will summarize an understanding of the incident or behavior in question.
• The accused student(s) will be offered an opportunity to make a summary statement to the hearing officer(s) before being excused from the hearing room.
The meeting officer(s) determines responsibility for the violation, and any sanctions to be applied in the event the accused student(s) is found responsible for the violation. The meeting officer(s) will provide a written summary of the hearing (indicating responsibility and any sanctions) in order to bring closure to the case.

The Educational Conference/informal hearing generally will be closed to anyone other than the accused student, but the hearingchair may in his or her discretion permit others to attend if he or she deems that their presence may be helpful in resolving the case. Parents, family, legal counsel, and any public/non-Le Moyne community members will not be permitted to attend the Educational Conference/informal hearing.


Students may appeal a decision determined by a campus life and leadership staff member to the assistant dean for student development. The vice president for student develop¬ment will handle appeals for decisions made by the assistant dean for student development. Appeals must be in writing and submitted to the appropriate office within five class days of the date of the findings letter. Appeals must be based on questions of improper procedure, new evidence uncovered after the meeting, or excessively harsh sanction. After review of an appeal, the appropriate appeal officer will inform the student by letter of the final outcome of their case.

2. Student Conduct Formal Hearing Board
A formal hearing generally occurs when a potential sanction may include dismissal from the College. A formal hearing board includes a faculty member, a staff member/administrator, and a student. The assistant dean for student development serves as the chairperson for a formal hearing board, conducts the proceedings and is a nonvoting member.

The following is a general description of the formal hearing board process. The process may vary as appropriate for specific hearings.

The accused student shall receive a letter from the assistant dean for student development at least 48 hours before the hearing. Said notice shall indicate the charges against the student, the student’s right to be advised by a student or faculty/staff member/administrator from the Le Moyne community, the student’s right to ask questions of witnesses, and the right to bring physical witnesses on his or her own behalf. The complainant may also be advised by a student or faculty/staff member/administrator from the Le Moyne community. Advisors may furnish advice only and may not question witnesses or other individuals involved in the proceedings. If a student cannot attend a hearing due to some emergency, it is his or her responsibility to contact the assistant dean for student development prior to the hearing. Failure to provide such notification will result in the hearing being conducted in the student’s absence.

The Student Conduct Formal Hearing generally will be closed to anyone other than the accused student, and the complainant, their respective permitted advisors, and (during their testimony) any witnesses, but the chair may in his or her discretion permit others to attend if he or she deems that their presence may be helpful to the case. Parents, family, legal counsel, and any public/non-Le Moyne community members will not be permitted to attend the Student Conduct Formal Hearing.
• At the opening of the hearing, the chairperson shall read the rights of and the charges against the accused student. The chairperson shall have full authority over the proceedings and only those persons recognized by the chairperson may speak at the hearing.
• The complainant and the student charged shall describe their respective versions of the facts and respond to questions posed by the board to clarify their statements.
• After the facts have been presented by both sides, each side may produce physical witnesses in an order to be determined by the chairperson. The witnesses may be questioned by the complainant, the accused student(s), the chairperson and members of the board.
• When the testimony of witnesses and the questioning of their testimony are complete, summary statements may be made by the complainant and the accused student.
• After any such statements, the chairperson will direct those present, except board members, to leave the room.
• Upon a responsible or not responsible determination, the chairperson will inform the board of precedents, possible sanctions and the student’s prior student conduct record, if any.
• As soon as possible, the chairperson will inform the complainant and the student charged of the decision. The decision of the board is effective immediately following the hearing and shall be substantiated in writing.
• A recording of the proceedings may be made at formal hearings. The recording will be destroyed at the conclusion of the case.

A formal hearing appeals board will respond to appeals from students who have had disciplinary sanctions placed upon them by a student conduct formal hearing board. A formal hearing appeals board includes a faculty member, a staff member/administrator, and a student. The vice president for student development serves as the chairperson for a formal hearing appeals board, conducts the proceedings and is a nonvoting member.

Appeals to the formal hearing appeals board must be in writing and submitted to the vice president for student development within five class days of the date of the findings letter. Appeals of board decisions must be based on questions of improper procedure, new evidence uncovered after the hearing, or excessively harsh sanction.

The Formal Appeals Hearing generally will be closed to anyone other than the student appealing the matter, his or her permitted advisor and the Chair from the Student Conduct Formal Hearing.  The Formal Appeals Hearing Chairperson may in his or her discrection permit others to attend if he or she deems that their presence may be helpful to the case.  Parents, family, legal counsel, and any public/non-Le Moyne community members will not be permitted to attend the Formal Appeals Hearing.

The following is a general description of the formal hearing appeals board process. The process may vary as appropriate for specific hearings.

The formal hearing appeals board shall review the appeal and the written documentation from the original hearing. If they desire, they may also review the recording of the hearing or request additional information. The board then has one of the following options following this review:
1. Uphold the finding of responsibility and the sanctions as originally imposed;
2. Uphold the finding of responsibility but reduce the sanction;
3. Overturn the finding of responsibility; or
4. Return the matter to the hearing body for further action or for a new proceeding.

A recording of the proceedings may be made at an appeals hearing. The recording will be destroyed at the conclusion of the case. It is expected that the board will meet to review and make a decision on the appeal within a reasonable period of time of the receipt of the appeal. All decisions of the formal hearings appeal board are made by majority vote and are not subject to further review.

In cases where the sanction is College suspension and the sanction extends for more than a full semester, at the end of the first full semester that sanction is in effect the student can petition the assistant dean for student development to have the sanction reviewed. If it is determined that a review may be in order, the assistant dean for student development will empanel a review board to evaluate the student’s recent behavior and determine if a reduction or elimination of the sanction is in order. A sanction will not be reduced just because a student has remained out of trouble. The student must demonstrate that he or she has prepared himself or herself to contribute actively and positively as a member of the Le Moyne community.

3. Formal Mediation
Formal mediation may be assigned in cases involving a conflict between individuals in an attempt to resolve such matters outside of the traditional hearing setting. Mediation sessions result in a written (binding) agreement between the parties involved. The parties are subject to further disciplinary action for failure to comply. Students will be referred to the assistant dean for student development if a mutual settlement cannot be reached.

B. GENERAL PRINCIPLES

1. Fundamental Fairness
To ensure that procedures in conduct cases meet fundamental standards of fairness, and to ensure that students involved in such cases realize that their case has been processed in a fair and judicious manner, the following procedural principles shall be applied. These guidelines are not meant to imply that student conduct cases are analogous to legal proceedings in the civil or criminal courts.

1. Students against whom allegations have been made shall be considered not responsible until proven responsible.
2. Students accused of violating a College policy shall be notified of the specific charge(s) before the case is considered.
3. The student shall be free from disciplinary sanction, pending the conclusion of a case. However, where the nature of the case indicates that there is a danger to the immediate well-being of the College community, appropriate interim measures may be taken by the vice president for student development or the assistant dean for student development including temporary suspension from the College and its residence halls.
4. The student shall have the right to have the case heard within a reasonable amount of time. The student shall receive the final decision of a disciplinary hearing/meeting in writing as soon as possible after the case is brought to a close.

2. Decision guidelines
The Le Moyne student conduct system is not meant to model criminal or civic judicial proceedings. Information for a finding is based on a standard that a violation was “more likely than not” to have occurred. The information does not have to be in the form of physical evidence not does the violation have to be witnessed. Circumstantial information can be sufficient in some instances for the College to determine that a violation was “more likely than not” to have occurred.

3. Definition of Terms
The term “distribution” means sale or provision. The term “College” means Le Moyne College. The term “reckless” means conduct that one should reasonably be expected to know would create a substantial risk of harm to persons or property or that would otherwise be likely to result in interference with normal activities. The term “student” means a person taking or auditing graduate or undergraduate courses at the institution on a full-time or part-time basis. The term “College premises” means buildings or grounds owned, leased, operated, controlled or supervised by the College. The term “weapon” means any object or substance designed or used to inflict a wound, cause injury to or to incapacitate a person including, but not limited to, firearms, pellet guns, knives and chemicals such as mace or tear gas. The term “College-sponsored activity” means any activity on or off campus that is initiated, aided, authorized or supervised by the College.

C. MISCONDUCT SUBJECT TO STUDENT CONDUCT ACTION

Student conduct proceedings may be initiated in response to conduct that occurs on College premises or at events officially sponsored by Le Moyne College, conduct that arises out of membership in the Le Moyne community or conduct elsewhere, that adversely affects the College, its affiliated organizations, or members of the College community or their pursuit of its objects.

D. SANCTIONS

One or more of the following sanctions may be imposed after a finding of misconduct. An accused student should be aware that one or more sanctions may be imposed, and that records of prior misconduct may have an influence on the sanction(s).

1. Written Warning: The student may receive official written notice of misconduct with the additional admonition that further incidents may be cause for more severe disciplinary action.
2. Restitution: The student may be ordered to make restitution for destruction of, damage to or misappropriation of College or personal property. Restitution may be in monetary terms or may take the form of appropriate service or other compensation.
3. Fines: The student may be ordered to pay a fine, not to exceed $300 per violation.
4. Community Service: The student shall be assigned a specific number of hours to work for a community or College organization.
5. Counseling: A student may be required to undergo assessment by either a counselor or health care provider from the Le Moyne College Wellness Center for Health and Counseling, and/or a medical or mental health professional from outside the College community of the College’s choosing.
6. Educational Activity: The student may be required to research a topic, present a program, or write a reflection paper.
7. Social Probation: Social privileges (to an individual or group) may be forfeited for a specified period of time.
8. Disciplinary Probation: A student may be placed on disciplinary probation for serious misconduct or repetitious minor misconduct. A student on disciplinary probation who is found to be responsible for further violations of College policy during the time period stipulated will be subject to more severe disciplinary action including suspension or dismissal from Le Moyne College.
9. Deferred Residence Suspension: A student may be placed on deferred residence suspension for serious misconduct or repetitious minor misconduct. A student on deferred residence suspension found to be responsible for further violations of College policy during the time period stipulated will be suspended from all College-owned or leased housing and subject to further sanctions.
10. Deferred College Suspension: A student may be placed on deferred College suspension for serious misconduct or repeated misconduct. A student on deferred College suspension who is found to be responsible for further violations of College policy during the time period stipulated will be suspended from the College and subject to further sanctions.
11. Suspension/Dismissal from College Residence Facilities: Suspension or dismissal is imposed in cases of extremely serious misconduct when it is believed that the student should be removed from College residence units. Suspension is a penalty given for a stated period of time (not less than the remainder of the current semester). Dismissal implies that a request for readmission to residence would not be granted. Any student who is suspended or dismissed from the College residence units is required to leave the residence units within 24 hours (or sooner if so ordered by the vice president for student development or the assistant dean for student development), unless special permission is granted by the vice president for student development or the assistant dean for student development. Any student suspended or dismissed from the residence halls may not enter any College-owned or leased housing during the time of the suspension or dismissal. This sanction may be combined with other disciplinary sanctions when appropriate.
12. Suspension from the College: Suspension from the College is imposed in cases of extremely serious misconduct when it is believed that the student should be removed from the College community. This penalty is given for a stated period of time (not less than the remainder of the current semester). Readmission requires appropriate letters of recommendation describing the student’s activities during his or her absence from the College. Any student who is suspended from the College is required to leave the campus within 24 hours (or sooner if so ordered by the vice president for student development or assistant dean for student development), unless special permission is granted by the vice president for student development or assistant dean for student development. While under College suspension, a student may not take courses at other institutions with the intention of transferring them to Le Moyne following his or her reinstatement.
13. Dismissal from the College: Dismissal from the College is imposed in cases of extremely serious misconduct when it is believed that the student charged should be permanently removed from the College community. This penalty implies that a request for readmission would not be granted. Any student who is dismissed from the College is required to leave the campus within 24 hours (or sooner if so ordered by the vice president for student development or assistant dean for student development), unless special permission is granted by the vice president for student development or assistant dean for student development.
Additional Options: Additional sanctions, including but not limited to the options below, may be imposed for varying lengths of time as part of an overall sanction.

1. Loss of attendance privileges. This sanction may deny a student access to the social functions of any group or organization for a specified period of time.
2. Letter(s) of apology from the student to the complainant or to a part of the College community.
3. Development and implementation of a relevant educational program under the supervision of a faculty or staff member. The intent is to respond to the specific violation and to alert other students to the problems with the violation.
4. Permission to be on College property only insofar as and to the extent that the student’s class schedule and residence on campus require.
5. A meeting between a designated College official, the student and parent(s) or guardian(s) of the student.
6. Denial of the privilege to participate in all co-curricular activities and, if an officer of any College organization, the requirement that the student resign. This includes intercollegiate athletics and Student Government Association-related activities.
7. Loss of campus drinking privileges otherwise allowed under the alcohol policy. This sanction may be given in the case of misconduct when alcohol was involved.

Dangerous or Life-Threatening Behavior
Students may be subject to summary suspension, dismissal, or involuntary withdrawal by the College if they are not functioning well enough to take care of themselves in the College’s academic environment, are using illegal drugs, are unable to maintain their physical or psychological health or safety, pose a danger to themselves or other students, or are otherwise engaging in behavior which is unduly disruptive, destructive or dangerous.

Le Moyne College recognizes that certain dangerous or life-threatening behaviors (for example, serious threats, suicide attempts, severe eating disorders, substance abuse, threats to others, etc.) by students may be a means of attracting attention or asking for help. While the College is committed to helping students alleviate whatever factors are precipitating dangerous or life-threatening behavior, such behavior is often disruptive in the academic and social/living environment of the College community. In the case of such behavior, students may be required to undergo assessment by either a counselor or health care provider from the Le Moyne College Wellness Center for Health and Counseling, and/or a medical or mental health professional from outside the College community of the College’s choosing. In some cases, students may also be required to receive medical, psychological and/or substance abuse treatment or satisfy other require¬ments as a condition of their remaining in attendance at the College. Except in unusual circumstances where safety is of immediate concern, the College will make a decision to suspend, dismiss or involuntarily withdraw a student only after providing the student with advance notice and an opportunity to meet with a designated Le Moyne College administrator. In unusual circumstances, the College may make an interim suspension, dismissal or involuntary withdrawal decision (or impose other conditions, such as restricted campus or housing access) without first meeting with the student. In those instances, the student will be provided with notice in the interim and an opportunity to be heard by the designated administrator (normally within 72 hours) before a final decision is reached.

Students should also consult the College’s Medical Withdrawal policy, as it may also apply in certain of these situations.

Medical Withdrawal
When a student experiences serious medical or psychological problems while enrolled as a student at Le Moyne College, he or she may request a medical withdrawal. The vice president for student development and/or assistant dean for student development will notify the student of the documentation required to support the request. If the request is approved by the vice president for student development and/or assistant dean for student development, the student must leave campus immediately and will receive grades of “W” in all enrolled courses.

Similarly, the College may require a student to take a medical withdrawal (or impose other appropriate restrictions, e.g., restricted campus or housing access) if, in the judgment of the vice president for student development, the student:
1. poses an imminent threat to the lives, safety or well-being of himself/herself or other members of the College community (including a threat which results from the fact that the student cannot be properly treated in the College setting), or
2. has evidenced a medical or psychological condition or behavior that seriously interferes with the student’s ability to function in the College setting (thereby rendering the student unfit to continue in the program) and/or seriously interferes with the educational pursuits of other members of the College community.
Except in unusual circumstances where safety is of immediate concern, the College will make a decision to involuntarily withdraw a student only after providing the student with advance notice and an opportunity to meet with the vice president for student development. In unusual circumstances, the vice president for student development may make an interim withdrawal decision (or impose other conditions, e.g., restricted campus or housing access) without first meeting with the student. In those instances, the student will be provided with notice in the interim and will be provided with an opportunity to be heard by the vice president for student development (normally within 72 hours) before a final decision is reached. As part of the assessment, a student may be required to undergo evaluation by either a counselor from the Le Moyne College Wellness Center for Health and Counseling, a health care provider from the College’s Health Services office and/or a medical or mental health professional from outside the College community of the College’s choosing. This process will also apply to those instances where the student is not withdrawn entirely from the College but where the College imposes restrictions on the student’s campus participation (e.g., restricted campus or housing access).

A student withdrawn voluntarily or involuntarily for medical reasons must leave campus immediately and will receive grades of “W” in all enrolled courses.

A student withdrawn from the College may apply for readmission through the vice president for student development. To be eligible for consideration, the student must show that he or she satisfied any and all requirements for readmission imposed by the vice president for student development. If readmitted, the student will be subject to such conditions as may be imposed by the vice president for student development.

A student remains subject to the College’s regular conduct system for acts of misconduct despite the applicability of this policy and process.

A student who feels aggrieved by a final decision which involuntarily withdraws the student or which refuses the student’s request for a voluntary withdrawal may file a grievance with the College’s Section 504 Coordinator under the College’s Section 504/ADA grievance procedure.

In cases of both voluntary and involuntary medical withdrawal, the policy on refunds contained in the College catalogue will apply.

While on medical withdrawal, the student must absent him or herself from campus, unless access is otherwise expressly allowed by the vice president for student development.

In any particular situation, the vice president for student development may designate another individual to act on his/her behalf for the purpose of this policy. Therefore, the references in this policy to the vice president include his/her designee.

E. STUDENT CONDUCT RECORDS

Student conduct records are maintained by the assistant dean for student development. Any student has the right to see her/his own student conduct file. Summaries of student conduct records will be provided to the student upon written request. Student conduct records will be maintained for seven years after graduation, anticipated graduation date, or last date of attendance.

The Family and Educational Rights and Privacy Act (FERPA) defines legitimate access to student records. The assistant dean for student development will provide an explanation, in writing if necessary, as to the nature and severity of any violation in which the student in question has been sanctioned when an authorized inquiry to inspect the records of any student is made. Within the College community, only those members individually or collectively acting in the student’s educational interest are allowed access to conduct records.

FERPA does make certain exceptions for disseminating information to students’ parents or legal guardians. The College reserves the right to notify parents or guardians in the event of a health or safety emergency regarding their student.

Grievance Procedures Related to Discrimination
The purpose of this grievance procedure is to provide students with prompt and equitable investigation and resolution of allegations of unlawful discrimination based on basis of race, color, gender, creed, age, disability, marital status, sexual orientation, veteran status, or national or ethnic origin. This procedure covers grievances brought under Title IX which forbids sex discrimination in educational programs and activities receiving Federal financial assistance; Section 504 and the ADA, which prohibit discrimination on the basis of disability in any program or activity of the College; and the Age Discrimination Act, which prohibits age discrimination in education programs and activities receiving Federal financial assistance.

Any student of Le Moyne College may use this procedure. It is not intended to replace or duplicate existing grievance procedures.* This procedure does not deprive a grievant of the right to file a complaint with enforcement agencies external to the College.

For additional information regarding procedural steps, contact the assistant vice president for student development. In all grievance cases the assistant vice president for student development will advise the grievant of the procedural steps involved, advise the grievant of the various internal and external options available to him/her, assist in the definition of the charges made and will seek a timely resolution. It is the responsibility of the grievant to meet all the conditions for filing a grievance.

*Note: There are also grievance and appeal procedures that relate to student issues such as sexual harassment, grades, academic standing, dispute over billing, behavior on cam¬pus, parking violations, etc. For information on such appeals, consult the College catalog (www.lemoyne.edu/registrar/catalogs) and the Student Handbook. The Office of Human Resources will handle employee discrimination issues under the College’s employment policies.

Grievance Procedure

Informal Resolution
Prior to initiating the formal complaint procedure set down below, it is recommended that the student make every attempt to resolve the issue in an informal manner.
The assistant vice president for student development upholds the rights of a student to secure access and accommodations in accordance with the ADA and Section 504 Title IX, and the Age Act. The College maintains a philosophy of student self-advocacy and the right to pursue a grievance through the formal grievance procedure. Should a student feel he/she has not been treated in a fair or professional manner with regard to access and accommodations, the student is encouraged to follow these procedures:

Student Responsibilities:
1. The student should discuss his/her problem(s) with the instructor of the course or appropriate department representative (i.e. campus life and leadership, physical plant, library, etc.) directly, unless extenuating circumstances prohibit doing so.
2. If a conversation with the course instructor, department representative (i.e. campus life and leadership director, physical plant director, etc.) does not settle the situation, the student should then discuss the problem with the head of that department.
3. If a meeting with the head of the department does not resolve the grievance, the student should discuss the problem(s) with the assistant vice president for student development.
4. If the assistant vice president for student development is unable to assist in informally resolving the problem(s), the student will be referred to the formal grievance procedure.

Formal Grievance Procedure
1. The grievance must be filed, in writing, with the College’s assistant vice president for student development within 30 days of the alleged act of discrimination. The statement must contain the grievant name, address, the date and a description of the alleged act. Complaints should be sent to the following address: assistant vice president for student development, Le Moyne College, Campus Center, 1419 Salt Springs Road, Syracuse, NY, 13214-1301.
2. Time limits within this procedure may be extended by mutual agreement of the grievant and the president of the College or his/her designee, with the exception of the 30-day limit for initial filing of the grievance.
3. Upon receipt of the complaint, the assistant vice president for student development will review the complaint for timeliness and appropriateness for this grievance procedure, and will provide the grievant with written notice acknowledging its receipt.
4. The assistant vice president for student development will promptly initiate an investigation.
5. Upon completion of the investigation, the assistant vice president for student development will submit to the student, and to the party against whom the grievance is directed, a final report containing a summary of the investigation and the outcome of resolution within 45 days of the initial filing or sooner if time is of the essence to the matter.
6. The grievant or any party against whom the grievance or the proposed disposition is directed may appeal. The appeal should be directed to the president or his designee, Le Moyne College, 105 Mitchell Hall, 1419 Salt Springs Road, Syracuse, New York 13214-1301. The decision of the vice president and assistant to the president shall be final. The final decision will be distributed to all parties.
7. Upon appeal, the decision of the vice president and assistant to the president shall be final and cannot be appealed to any other grievance or appeal procedures at the college.
8. Failure of the grievant to respond within the designated time limit will be deemed a withdrawal of the grievance. When a complaint is filed with a state or federal enforcement agency or when court action is initiated, internal grievance procedures need not be used.

 

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