Judicial Procedures

Upon enrollment, students accept the responsibility to observe all college policies and regulations. Violations of any college rule, except academic regulations, will be investigated by a member of the Student Affairs staff and decided through the Coe judicial system. (Note: Other actions not stated within may also be handled through the judicial system.)

Violations may be reported in writing by any member of the college community to the Vice President for Student Affairs. The Vice President notifies the student, in writing, of the allegations and their option to be heard by a Hearing Officer or the Judicial Board. Failure to make a selection results in the matter being heard by a Hearing Officer. During the last two weeks of any semester cases may be automatically referred to a Hearing Officer.

Judicial cases involving student groups (e.g. organizations, Greek chapters) will be heard by the Judicial Board rather than a Hearing Officer. The Vice President for Student Affairs or his designee reserves the option to forward a case to the Judicial Board if he believes the severity of the case warrants a broader review and/or faculty and student input. The Hearing Officer may refer the student to the Judicial Board if the Hearing Officer believes they cannot provide a fair hearing.

The Vice President appoints professional staff members in Student Affairs to serve as hearing officers. Judicial Board composition is determined by the procedures contained in this policy. It is the college's expectation that all students required to do so, will participate fully in the judicial process. Failure to participate will result in additional judicial sanctions.

Rights of the Student

  • The student will be informed, in writing, of the specific college rules and regulations violated.
  • The student may consult with the Accused Student Resource Person.
  • The student may have an advisor who is any willing member of the Coe community. The advisor may attend any session of the hearing in which the student's presence is required, but may not be a witness in the case. The advisor may not reveal anything the student shares with him/her unless it is information which indicates that the student is a threat to him/herself, or to others; then they are obligated to notify the Vice President for Student Affairs.
  • The student may know the name(s) of his/her accuser(s) and, upon request, hear the testimony of both accuser(s) and witness(es) and question them.
  • The accused student will decide if the hearing will be open or closed, but either the accuser or a witness may appeal to the Board for a closed hearing.
  • The student may present and/or request any information on his/her own behalf.
  • The student may call witnesses to testify in his/her support.
  • The student may make any relevant statements or ask any relevant questions during his/her hearing before the hearing officer or the Judicial Board.
  • The student will receive a written decision from the Hearing Officer or the Judicial Board.
  • The student may appeal the decision of the Hearing Officer or the Judicial Board to the Vice President for Student Affairs.

Role of Accused Student Resource - The Vice President for Student Affairs will appoint one professional Student Affairs staff member per year to serve as an Accused Student Resource Person. Emily Barnard , Academic Achievement Program Counselor in will serve in the 2010-2011 academic year. The Accused Student Resource Person is required to familiarize themselves with the campus judicial procedures contained in the Student Handbook. This person will go through training prior to the start of each academic year. The Accused Student Resource Person will answer any questions about campus judicial procedures. The Accused Student Resource Person may not serve as an advisor to any students and is not eligible to serve as a Hearing Officer. The Accused Student Resource Person will not discuss the specifics of the case with the student, nor engage in any conversations regarding the innocence or guilt of the student.

Role of Hearing Officer and Judicial Board Hearing Officer: To receive a response of "responsible" or "not responsible" and/or determine responsibility and, if necessary, impose disciplinary sanctions. All parties involved in the case will be given the opportunity to be interviewed by the Hearing Officer. The Hearing Officer may review any previous violations and disciplinary sanctions before making a decision. When the Hearing Officer informs the student of any disciplinary sanctions, he/she will also advise the student of the right to appeal to the Vice President for Student Affairs. The Hearing Officer will send to the Judicial Board any issues that require additional interview or investigation beyond the initial set of interviews and incident reports. Further, the Hearing Officer will refer to the Judicial Board instances of reported violations.

Judicial Board: To hear the charges, receive a response of "responsible" or "not responsible", examine the facts presented by the parties involved, including witnesses, determine responsibility, and if necessary impose disciplinary sanctions. The decision shall be reached by a majority of those present hearing the case. The decisions of the Hearing Officer and Judicial Board are based on the premise of "more likely than not".

Composition of the Campus Judicial Board: The Judicial Board will consist of five students appointed by Student Senate, two faculty members appointed by the President of the College and one Student Affairs staff member appointed by the Vice President for Student Affairs.

  • The chairperson and vice-chair will be elected by the Judicial Board.
  • The term of appointment will be for one academic year. New appointments should be made to ensure continuity and rotation. Appointments should be effective in mid-April in order to ensure adequate functioning and preparation for the new academic year.
  • Alternate members: The Student Senate will appoint a panel of five students to serve as an alternate pool. The President or his designee may draw upon past faculty Judicial Board members as needed. Alternates will be called as needed by the Judicial Board and may be chosen by the Board to fill a vacancy created by a resignation.
  • Recall of student members may be initiated by the same procedure as recall of members of Senate. A member recalled will be replaced by Student Senate.

Campus Judicial Board Procedures

  • All hearings will be heard by the Board during the academic year and whenever possible within one week of the request for a hearing or appeal.
  • A majority of the members will constitute a quorum and will have authority to decide any case or appeal.
  • The Chairperson for the Judicial Board will conduct the hearing and will have a vote only in case of a tie.
  • If any member of the Board is involved in the case (witness, accuser, accused, etc.) he/she will not be eligible to serve while the case is being heard.
  • The Vice President for Student Affairs will appoint a member of the college staff to present the charges before the Board. Normally the presenter will be the Hearing Officer.
  • The transaction of the hearing will be tape-recorded.
  • The Board's deliberations will be confidential.
  • A report will be written within 48 hours after the decision is reached; it will include a dissenting opinion if there is one. A copy will be given to the student and a copy will be filed in the Vice President for Student Affairs Office. Disposition of the case will be published in the Cosmos and Crimson Chronicle with names deleted.
  • Minor deviations in time are acceptable if they are not prejudicial to the college or the student.

Summer Judicial Procedures

During summer sessions, students will be expected to observe all college policies and regulations. In the case of a violation, it will be investigated by a member of the Student Affairs staff. The student may choose to be heard by a member of the Student Affairs staff or by a specially appointed summer Judicial Board. The Student Affairs staff member will determine the validity of the allegations and, if necessary, the appropriate disciplinary sanction. A summer Judicial Board will consist of four students and three faculty or staff appointed by the Vice President for Student Affairs or designee. The Board will elect a chairperson and follow judicial procedures previously outlined.

Sexual assault judicial procedures - see Health, Safety & Security section.

Sanctions for Misconduct

The violation of campus regulations may result in one or more, but not limited, to the following sanctions:

  • Oral or written reprimand.
  • Required compliance: carrying out of a college regulation or administrative directive as a condition for avoiding further disciplinary action and/or remaining in good standing.
  • Fines or restitution: reimbursement for damage to or misappropriation of property. May also take the form of college service or other compensation and may be combined with other sanctions.
  • Community service: assignment to work on or off-campus.
  • Disciplinary warning: written notice that continuation of misconduct in general or repetition of specified conduct has been found unacceptable within the specified period of time stated in the warning. Failure to comply may be cause for further disciplinary action. A copy of this warning is placed in the student's file and may be removed upon student request after a specified period has passed.
  • Disciplinary probation: the most severe and serious warning a student may receive and still remain enrolled in the college. During the period of probation the student may not hold office in recognized student organizations or may lose other designated privileges (i.e. on campus job). Disciplinary probation will be outlined in a letter which will be kept in the student's file until the term of probation has expired. Violation of the terms of disciplinary probation or the infraction of any college regulation during the probation period may be grounds for suspension or dismissal.
  • Suspension: separation from the college for a specified period of time, usually the remainder of the term. Readmission must be applied for and may be contingent upon compliance with specific conditions. Appeal for suspension is to the Vice President for Student Affairs.
  • Dismissal: termination of enrollment for an indefinite period. The conditions of readmission, if any, shall be stated in the notice of dismissal. Appeal is to the President of the college.

Appeals

All appeals of judicial decisions will be made to the Vice President for Student Affairs. All appeals must be made in writing and within one week of receiving the decision. An appeal may be based on the issues of adherence to procedure or the fairness of the sanctions.

The President has the right of ultimate and final disposition of any case and may, at his own initiative, sustain or overrule any decision by the Hearing Officer, Judicial Board, or the Vice President for Student Affairs.

Interim Suspension

The Vice President for Student Affairs, or a designee, may suspend a student for a 10-day period pending disciplinary proceedings, such suspension to become effective immediately without prior notice, whenever there is evidence that the continued presence of the student on the college campus poses a substantial threat to others or to the stability and continuance of normal college functions.

  • Formal disciplinary proceedings will be convened within 10 calendar days of the suspension.
  • Appropriate campus officials and student leaders will be notified of the suspension within 24 hours.

A student suspended on an interim basis shall be given an opportunity to appear personally before the Vice President for Student Affairs within three business days from the effective date of the interim suspension. A hearing shall then be held on the following issues only:

  • the reliability of the information concerning the student's conduct, including the matter of his/her identity;
  • whether the conduct and surrounding circumstances indicated that the continued presence of the student on the college campus poses a threat to others or to the stability and continuance of normal college functions.

Summary Suspension by President

Whenever the President determines that a student has been guilty of such flagrant misconduct that his/her continued presence on the campus would seriously endanger safety, health, or welfare of persons within the campus community or impair the proper functioning of the college, the President may summarily suspend the student without prior notice and/or judicial hearing.