Student Code of Responsibility
St. Lawrence University Code of Social Responsibility—Preamble
St. Lawrence University consists of a community united in the common purpose
of creating an educational experience for all its members. The shape and
dimension of this experience is a function of the intellectual, emotional and
social development of the individual. Each member of the community shares
the responsibility of maintaining an environment in which this educational experience
is given highest priority.
Faculty,
students and administrators are mutually engaged in the educational
process; each constituency contributes to the education of the others. Such learning
experiences and exchanges of information represent a positive aspect of University
life that should be encouraged. The University community is subdivided
into these separate constituencies based upon the different roles they assume
in the University and their different areas of responsibility. It is essential
to their common purpose that they interact with maximum synergy.
Honesty, trust,
integrity, discretion and reason are essential qualities of an environment
in which we strive to achieve maximum development of each individual
to full potential. Tangible
evidence of a commitment to these values is the freedom of the individual
and the recognition of his or her rights and responsibilities as a
free person. Restrictions
placed upon an individual’s freedom and right to privacy originate
only from a responsibility to insure the rights and privileges of every
member of the community and to maintain an environment compatible with
the University’s
objectives.
Under
the Student Code of Responsibility, each member of the University community
assumes the responsibility that his or her actions, and the actions
of other community members, are in accordance with community agreements. The
responsibility in every case resides with the individual community member. There
is a code of honor implied in membership in a community committed to
high academic and social standards: in the free exchange of ideas
essential to the educational experience, in free access to learning
facilities and resources, and in the recognition of the rights and
responsibilities of each individual as a free person.
Standards
Shared
goals and shared responsibilities require that the individuals comprising
the University community abide by common agreements. These agreements
are formulated on the premise that individuals are motivated to conduct
themselves in accordance with high educational, social and moral standards. Standards
outline general expectations in the area of personal conduct and group
behavior. The place of standards in the framework of the community
structure is to provide a foundation for evaluation of the actions
of individual members and constituent groups of the University community. It
is imperative that all constituencies share the responsibility for
evaluation of their own performance. When an individual’s
or group’s behavior interferes with another person or group in
a way detrimental to the educational process, that behavior violates
the Student Code of Responsibility. Such violations are processed
by the judicial and appeals procedures outlined in this document.
Statement of Student Rights and Responsibilities
Students
have a responsibility to obey the rules and regulations of the St. Lawrence
community. Law guarantees a citizen’s rights; a citizen who violates
the law is subject to the penalties imposed by civil authority. Within
this broader context, there are specific rights and responsibilities peculiar
to students on a college campus. Conditions of mutual respect and trust
are promoted at St. Lawrence by community-wide understanding of these rights
and responsibilities. The Vice President and Dean of Student Life is the ultimate
interpreter of the Student Code of Responsibility.
Section 1: Student Rights
A. Freedom of Expression:
Discussion and expression of all views are permitted within the University,
subject only to the provisions of this Code (including the Public
Order Policy) and restrictions imposed by local, state or federal
law.
B. Campus Organizations:
1.
Students may establish organizations for any purpose consistent with
the University’s
mission, values and rules.
2. Freedom
of expression and freedom of assembly are guaranteed to all student groups,
subject only to requirements of this Code, local, state and federal law, and
rules governing the use of University facilities.
3. Recognized
student organizations are those approved by the Thelomathesian Senate.
4. Subject
to the above, recognized student organizations may assemble, hear speakers
of their own choosing, plan activities, and petition the Student Activities
Fund (SLUSAF) for funds.
C. Publications:
1. Any student or student
organization may distribute properly attributed material on campus
without approval, provided such distribution does not violate this
Code or local, state or federal law.
2 Student
newspapers and radio are free of censorship.
a.
the editors are not subject to disciplinary sanctions because of anyone’s
disapproval of editorial policy or content.
b.
editorial freedom entails a corollary responsibility to observe the canons
of responsible journalism, the regulations of the Federal Communication Commission,
and this Code.
D. Campus Solicitations:
Campus solicitations are subject to the solicitation policy as stated
elsewhere in this Student Handbook.
E. Academic Freedoms:
1. Students
are guaranteed the right to pursue their educational goals and to use available
facilities and resources, including the right to study and sleep in their
own room.
2. Students
have the right to an unbiased evaluation of their academic performance.
3. Students
have the right to seek interviews with organizations recruiting on campus.
4. In
those courses in which discussion is appropriate, students have the right to
express views
on the course material.
5. Students
have the right to an accurate description of course requirements at the beginning
of the course.
F. Protest:
The right of peaceful protest is guaranteed within the University,
subject only to this Code and local, state and federal law.
G. Campus Governance:
1. Students
are guaranteed free elections to choose their representatives to
campus governance.
2. Students
are guaranteed channels of communication by which they may express their views
on University policy.
3. Policies
that affect the residential lives of students are cooperatively determined
with student involvement. Students have the right to participate in the
processes that determine residential policies.
4. Roles
and responsibilities of students in University governing bodies are clearly
defined in the appropriate constitutions.
H. Privacy:
1. Students
are guaranteed rights as outlined in the Family Educational Rights
and Privacy
Act of 1974 and applicable additions and amendments. These rights include “the
right to inspect and review any and all official records, files and data...,
including all
material that is incorporated into each student’s cumulative record...” (See “Student
Records” for
a detailed description of the Family Rights and Privacy Act.)
2. University
staff and other students respect the privacy and personal property of individuals
in University residences whenever possible.
a. premises
occupied by students and their personal possessions are not searched
or seized unless under circumstances warranted by law or University policy.
b. when
entry to a student’s room is necessary for maintenance purposes, the
occupant receives advance notice.
c. entry
to a student’s room may be made without notice in situations when danger
to safety, health, or property is reasonably feared.
3. St. Lawrence University
also complies with the Federal Trade Commission’s Safeguard Rule
which requires financial institutions and colleges and universities
to secure customer financial records and information. For more
information regarding this rule and the University’s compliance
plan, refer to the Business Office website.
Section 2: Academic Conflict Resolution Procedure
The Academic
Conflict Resolution Committee (faculty) shall be responsible for attempting
to resolve academic conflicts involving faculty, students and administrative
staff and for convening hearing boards according to the provisions
of the Academic Conflict Resolution Procedures.
The following
procedures are based on the premise that, in most cases, faculty will
be the final arbiter of academic standards and policies in their courses. The
ACRC will not normally intervene in cases involving disagreement about a grade,
unless it can be demonstrated that stated procedures for assessment have not
been followed. Furthermore, St. Lawrence University believes that the
majority of conflicts in the academic sphere can be settled through prompt
and adequate communication and attention, usually obviating the need for more
formal procedures.
1. Procedures governing students:
The student’s
first responsibility is to discuss the matter thoroughly with the faculty or
staff member. If the student continues to believe that a conflict still
exists, he or she should direct the matter to the department chair or administrative
supervisor in writing within 30 days of the conflict’s having arisen
but no later than 30 days into the subsequent semester. For students
in off-campus programs, the program director shall be considered the department
chair in the case of conflicts involving program faculty; the Associate Dean
of International and Intercultural studies shall act as administrative supervisor
in conflicts involving program directors. Students in direct entry programs
or consortia will be subject to the appropriate organization’s conflict
resolution procedure. Communication between parties will be facilitated
by the office of international and intercultural studies. In the event
that the student believes there is a conflict of interest involving the department
chair, the student will consult with the dean of academic affairs to identify
an appropriate substitute. The faculty member also should submit his/her
written account of the case and also may choose an alternate to the department
chair/administrative supervisor in the event that he or she feels there may
be a conflict of interest. These written statements will form the basis for
discussion among the department chair or administrative supervisor, the faculty
member and the student, after which the department chair or administrative
supervisor will discuss the matter with the faculty or staff member and propose
an appropriate resolution to all parties in writing.
If a student
continues to believe that the matter has not been resolved, he/she
may direct the matter in writing to the Academic Conflict Resolution
Committee (ACRC). This
step must be taken within 10 days of the student being notified by the department
chair/administrative supervisor of the decision. The ACRC will read the
written accounts of the conflict. If the committee determines that there
are not sufficient grounds to warrant further action on the issue, the complainant
will be notified of this decision. If the committee determines that there
is sufficient cause to proceed, it will convene a hearing board composed of
three faculty members, chosen from the larger committee of ten appointed by
Faculty Council, to ensure that no member hearing the case knows either party
well. The hearing board will determine the appropriate procedures to
be followed and will communicate that to the parties at the start of the process. The
hearing board will notify both parties of its findings. If the complainant
rejects the findings of the hearing board, he/she may ask the dean of academic
affairs for a final ruling on the matter.
2. Procedures governing faculty:
A faculty
member who finds him/herself in academic conflict with a student should
first attempt a resolution through negotiation with the student and
the department chair or administrative supervisor. That negotiation should be conducted
on the basis of a written account by the faculty member and a response by the
student submitted to the chair or supervisor within 30 days of the faculty
member’s determination that no resolution is to be expected without such
a proceeding. In the event that the student concerned believes there is a conflict
of interest involving the department chair, the student will consult with the
dean of academic affairs to identify an appropriate substitute. If the faculty
member is dissatisfied with the outcome of this negotiation, he/she may ask
the Academic Conflict Resolution Committee, in writing and within ten days
of being notified of the chair or supervisor’s decision, to convene a
hearing board to adjudicate the matter. The Committee shall convene a
board within ten working days of its receipt of the faculty member’s
request. The hearing board will be composed of three faculty members
chosen from the larger committee of ten appointed by Faculty Council in order
to avoid conflicts of interest. The hearing board will determine the
appropriate procedures to be followed and will communicate that to the parties
at the start of the process. The hearing board will notify both parties
of its findings.. If the faculty member rejects the
findings of the board, he/she may turn to the Faculty Grievance Committee for
final redress.
3. Any matters
arising that were not dealt with by the original hearing board may be resolved
by a majority of the available members of the ACRC.
Section 3: Public Order Policy
The tradition
of the University as a sanctuary of academic freedom and a center of informed
discussion is an honored one, to be guarded vigilantly. The basic significance
of that sanctuary is grounded upon the protection of individual freedoms from
pressures or interference, both external and internal.
Academic
freedom extends to all members of the campus community. Those who violate
the norms of conduct established to protect that freedom cannot invoke it. Therefore,
the president of the University, or the president’s designee, in accordance
with the charter and by-laws of the University, administers the following rules
and regulations.
A. Rules of Conduct:
The
following acts, or conduct leading to or resulting in such acts,
are prohibited:
a) interference with
or interruption or obstruction of classes, lectures, ceremonies, addresses,
meetings or any educational, administrative or other function of the
University.
b) interference with
or obstruction of the rights of others to avail themselves of the educational,
administrative, recreational or other services and facilities of the
University.
c) failure or refusal
to comply in a respectful and timely manner with the directives of
a representative of the University, acting in an official capacity.
d) theft or appropriation
of or willful damage or misuse of University property, or the property
of any person on the premises of the University, including theft of
computer codes and software or tampering with computer systems, card
access systems and room combinations.
e) acts or threatened
acts of violence which encourage or provoke a breach of public order
or which encourage or provoke violence.
f) unauthorized
use or possession of files, records, equipment or other property of
the University or of others.
g) disruption or destruction
of the residential environment in ways which violate the rights of
residents.
h) violation of any
federal, state, or local law.
B. Enforcement:
The University is not a sanctuary from the law. Any person,
including visitors, licensees, invitees or trespassers, who violates
any of the rules of conduct is subject to arrest and prosecution as
provided by the law and are required to leave University property. The
president of the University may apply to the court for injunctive relief
or any other appropriate civil remedy.
C. Disciplinary Action:
Any student who violates any of the rules
of conduct is subject to University disciplinary sanctions as described
in this Student Code of Responsibility.
Section 4: Proscribed Conduct
In
addition to the rights and responsibilities stated elsewhere in this
Code (including specifically in the Public Order Policy), it is further
understood that certain conduct is not tolerated at St. Lawrence
University, regardless of whether it happens on or off campus or even pre-matriculation.
A. Dishonesty:
Any form
of dishonesty including, but not limited to, cheating, plagiarism, knowingly
furnishing false information to the University, its officials or duly constituted
committees, forgery, and the alteration or use of institutional documents or
identification with the intent to defraud.
B. Abuse:
a) engaging in a course
of action or repeatedly committing acts which alarm another person
or threaten his or her well being.
b) striking, shoving,
kicking or otherwise submitting another person to physical contact
or attempting or threatening to do the same.
C. Sexual Misconduct:
Sexual Assault, Relationship Violence, Sexual
Harassment Sexual Assault: Any touching of a sexual nature that is
without the consent of the person touched. Sexual assault may
include, but is not limited to, rape, acquaintance rape, sexual abuse,
sodomy (non-consensual) and sexual misconduct as defined by New York
State Law. Note: See
information on filing complaints of sexual assault under Clause IX,
X, and XI of the Student Judiciary Board constitution and information
on what to do and to find help under Sexual Misconduct: Sexual Assault,
Relationship Violence, Sexual Harassment Procedures below.
Relationship Violence: Abusive behavior, including threats, verbal
and/or emotional abuse, and physical assaults between adults in an
intimate and/or sexual relationship.
Note: See information regarding the definition of Relationship Violence
under Sexual Misconduct: Sexual Assault, Relationship Violence, Sexual
Harassment Procedures below.
Sexual Harassment: Unwelcome sexual advances, requests for sexual favors,
and/or other unwelcome physical conduct of a sexual nature which interferes
with a student’s performance or creates an intimidating, hostile
or offensive environment.
A person’s conduct may violate St. Lawrence
University’s
definition of sexual misconduct (includes sexual assault, relationship violence,
sexual harassment) while not violating New York State law.
Stalking: Stalking is a pattern of knowingly unwanted behavior directed towards a specific person that would cause a reasonable person to fear harm to physical, mental, or emotional health, safety, employment status, or property of such person, a member of such person’s immediate family, or a third party with whom the person is acquainted. Such behaviors include, but are not limited to: telephone calls; voice/text messages; following to residence hall, class, work, or other daily activities; letters; emails; gift giving; instant messaging; using AIM or social networking communities to collect information about person; creating shadow accounts or monitoring key strokes; taking pictures of person; and befriending person’s friends.
C. Sexual Misconduct: Sexual Assault, Relationship Violence, Sexual Harassment
and Stalking
Sexual assault is a crime of violence. New York state law defines
sexual assault as any type of overt, forced sexual contact with someone
who does not consent to the act, or who is physically helpless, or
who is under the influence of drugs or alcohol. Men and women
must learn to understand that unless the sexual activity is voluntary
and consensual, one party may face a charge or criminal complaint of
sexual misconduct. A person’s conduct may violate St. Lawrence
University’s definition of sexual misconduct while not violating
New York State law. Sexual activity may be deemed to be nonconsensual
if either party is determined to be unable to give consent due to use
of drugs or alcohol. Explicit, not implied, consent from a party
whose judgment is not questionable due to drug or alcohol consumption
should be obtained by anyone proceeding with sexual activity. Yes
means yes: anything less than yes may not be consent.
Relationship
violence can be defined as abusive behavior, including threats, verbal
and/or emotional abuse, and physical assaults between adults of any
gender or sexual preference in an intimate and/or sexual relationship. The “intimate” relationship
may be characterized as a series of sexual encounters, dating, “hooking
up”, or similar interactions. Examples of abusive actions
range from physical acts like hitting, shoving, or restraining to threats
designed to control the victim’s behavior. Some examples
of threatened actions would be turning friends against the victim or
committing suicide or hurting pets.
New York
Penal Law Title 14, section 130, defines different terms as they apply
to sex crimes. Under the category of sexual misconduct, the crimes of
rape and sodomy are defined and include those offenses in the first, second
and third degrees. For example, the New York State definition of first
degree rape is: “A male is guilty of rape in the first degree when he
engages in sexual intercourse with a female (1) by forcible compulsion, or
(2) who is incapable of consent by reason of being physically helpless. Physically
helpless is defined as a person who is unconscious or for any other
reason is physically unable to communicate unwillingness to an act. Any
employee or student may be subject to disciplinary action for offenses of sexual
misconduct, up to an including termination or expulsion.
What
can I do if I have been a victim of sexual assault, relationship violence, sexual harassment or stalking? If you have been sexually assaulted or involved
in relationship violence, sexually harassed or stalked, you should seek immediate help: Contact
an advocate, volunteers who serve as support for victims of sexual harassment,
assault, relationship violence or stalking (phone numbers are listed on inside cover
of the campus directory) or a counselor with CAVA (the local rape crisis center),
seek medical assistance, and consider campus disciplinary options as well as
New York State legal options. The counseling center will provide assistance
and information. Stalking survivors are encouraged to create a record of all incidents with the accused. Stalking logs can be found at www.stlawu.edu/advocates. Students should contact the office of the Associate Dean of Student Life for information on complaint procedures and advice.
TELL SOMEONE!! ALL CALLS ARE CONFIDENTIAL
Reachout Hotline 265-2422
Security and Safety 229-5555
Counseling Services 229-5391
CAVA (Citizens against Violent Acts) 386-3777
Advocates Program 229-5122
St. Lawrence University Advocates—2007-2008
| Faculty/Staff |
Office |
Home |
Katie Protos
Advocates Program Coordinator |
Torrey Center
Tel: 229-5122 |
244-2352 |
Caroline Breashears
Assoc. Professor, English |
7 UniversityAve.
Tel: 229-5146 |
386-4390 |
Judith DeGroat
Assoc. Prof., History |
Piskor
Tel: 229-5396 |
322-0617 |
Sarah Gates
Asst. Prof., English |
7 University
Tel: 229-5161 |
386-4235
|
Kim Hissong
Director, Alumni & Parent Programs |
Vilas 226A
Tel: 229-5837 |
386-2554 |
Carol Kissam
Director, McNair & CSTEP |
Whitman 171K
el: 229-5605 |
262-2043 |
Andrea Nouryeh
Assoc. Prof., Speech & Theatre |
Arts Annex
Tel: 229-5143 |
379-0102 |
*All members of Security and Safety*
Names and
contact numbers for Student Advocates and additional Faculty/Staff
advocates will be posted throughout campus within the first week of
the semester.
The Special Hearing Board was established to provide a
response for students to instances of sexual misconduct: sexual assault,
relationship violence, sexual harassment and stalking. The
responsibilities and procedures of the Special Hearing Board are included
below and in the judicial system constitution in the Student Handbook under “Conflict
Resolution and Disciplinary Procedures.” Further information
is available from the Associate Dean of Student Life, ext. 5551.
Responsibilities
of the Special Hearing Board (Clause IX, X, XI from Student Judiciary
Board Constitution)
Section 1: The
Special Hearing Board conducts hearings in formal complaints of alleged
sexual misconduct (includes sexual assault, relationship violence and
sexual harassment) and stalking that are forwarded to it by the Associate Dean of
Student Life. The Associate Dean of Student Life has the authority
to investigate possible violations of the St. Lawrence University Code
of Conduct, and to review any charges that have been filed. In
the event of filed charges, he/she can determine whether there is sufficient
merit in them to warrant proceeding to the next step of the hearing. In
other cases, he/she may elect to file charges himself/herself, so that
a matter may proceed. The Associate Dean of
Student Life may also receive informal complaints of alleged sexual
misconduct which generally are not forwarded to the Special Hearing
Board. An
informal complaint is a written report of alleged sexual misconduct
that the student complainant has elected not to take formal action. In the case of a stalking complaint, the Associate Dean of Student Life and a representative of the Special Hearing Board may jointly agree to refer the matter to one of the University's other procedures for handling misconduct (e.g., the Student Judiciary Board).
The
Special Hearing Board will make recommendations based upon a preponderance
of information presented in complaints of alleged sexual misconduct.
Section 2: The
Special Hearing Board conducts hearings as soon as possible after receipt
of the complaint. A victim or any member of the University community
may file a complaint within six months of the alleged incident. In
extraordinary circumstances, the Associate Dean of Student Life or
Special Hearing Board may decide to proceed with a complaint filed
after six months of the alleged incident. Hearings
are scheduled as determined by the reasonable availability of the parties
involved, witnesses, members of the Special Hearing Board, and the
Associate Dean of Student Life (or a designee appointed by the Associate
Dean of Student Life).
Qualifications and Appointment—Special
Hearing Board
Section 1: The
Special Hearing Board consists of twelve members of the St. Lawrence University
community plus the Associate Dean of Student Life (or a designee appointed
by the Associate Dean of Student Life). Three members of the Board will
serve as the Special Hearing Board for each individual complaint. The
Vice President and Dean of Student Life, the Associate Dean of Student Life
and the Thelomathesian President collaborate in identifying faculty and staff
members interested in working with the Special Hearing Board. The recommendations
for faculty membership are then forwarded to the Vice President and Dean of
Academic Affairs and on to Faculty Council for approval. The role of
the Associate Dean of Student Life is to assure that all administrative and
procedural requirements are met, to collect information, and to perform other
administrative duties and otherwise assist the Board as needed. The
Associate Dean of Student Life attends meetings of the Special Hearing
Board but is not a voting member of the Board.
Procedures—Special Hearing Board
Section 1: When
infractions of the St. Lawrence Student Code of Social Responsibility/Sexual
Misconduct may also violate federal, state or local law, the Associate
Dean of Student Life may decide to either proceed with the case or stay University
proceedings pending resolution of any potential or actual external
charges (a decision to stay proceedings can be reconsidered at any time).
Section 2: The
Special Hearing Board calls witnesses and make recommendations based
upon a preponderance of information presented
Section 3: The
complainant is made aware of his or her rights before the hearing. These
rights are:
a) the right to have
a St. Lawrence University student, staff, or faculty member accompany
him/her throughout the hearing process. The complainant is not
entitled to have an attorney-at-law or a non-community member present
at the hearings or meetings with the Associate Dean of Student Life
in preparation for the hearings.
b) the right to make
his/her statement without directly confronting the party charged in
the hearing.
c) the right to provide
a personal statement of events.
d) the right not to
have his or her past sexual history discussed during the hearing (although information concerning a student's involvement in prior formal complaints may be considered by the Special Hearing Board if considered by it to be relevant).
e) the right to ask
that witnesses relevant to the case be called to testify at the hearing. However,
the Special Hearing Board may establish a reasonable limit on the number
of witnesses and to also place reasonable restrictions on the introduction
of any proferred evidence.
f) the right
to appeal.
g) the right to identify
one member of the Board who is asked to recuse himself/herself and
is replaced by another member.
h) the right to decline
to answer a question. However, the Board proceeds based on the
information provided. Failure to cooperate with the Special
Hearing Board may be considered by the board in its hearing of the
complaint.
Section 4: The
party charged is made aware of his or her rights before the hearings.
These rights are:
a) the right to be
informed of the charges in writing, the time and place of the offense
and his or her accuser.
b) the right to have
a St. Lawrence University student, staff, or faculty member accompany
him or her throughout the hearing process. The party charged
is not entitled to have an attorney-at-law or a non-community member
present at the hearings or meetings with the Associate Dean of
Student Life in preparation for the hearings.
c) the right to ask
that witnesses relevant to the case be called to testify at the hearing. However,
the Special Hearing Board may establish a reasonable limit on the number
of witnesses and to also place reasonable restrictions on the introduction
of any proffered evidence.
d) the right not to
have his or her past sexual history discussed during the hearing.
e) the right to appeal.
f) the right
to provide a personal statement of events.
g) the right to ask
one member of the Board to recuse himself/herself who is replaced by
another member.
h) the right to decline
to answer a question. However, the Board proceeds based on the
information provided. Failure to cooperate with the Special
Hearing Board may be considered by the board in its hearing of the
complaint.
Section 5: The
Special Hearing Board may subpoena witnesses to appear and testify
before the Board. Failure to appear or cooperate with
the Board is a punishable offense.
Section 6: After
having heard from each party and relevant witnesses as determined by
the Board, and prior to rendering its final decision, a summary of
relevant, conflicting information received by the Board will be provided each
party, who will then have one final opportunity to respond, either in writing
or in person, as determined by the Board. In the course of this process, the identification of witnesses
will normally remain confidential unless such identification is reasonably
necessary to a party’s ability to respond.
Section 7: The
Special Hearing Board, with the assistance of the Associate Dean of Student
Life, will issue a written report to the Vice President and Dean of Student
Life within a reasonable time, normally within seven (7) working days
of the conclusion of its hearing. The Special Hearing Board report will
detail the complaint, identify the parties involved, and present the Special
Hearing Board’s recommendations with rationale. The Vice President
and Dean is free to discuss the hearing with the hearing panel and the Associate
Dean of Student Life. Within a reasonable time, normally within seven
(7) working days, the Vice President and Dean will either confirm the recommendation(s)
or return the complaint with commentary to the Special Hearing Board for reconsideration
or further consideration. The Special Hearing Board will thereafter
forward its final report to the Vice President and Dean of Student
Life.
Section 8: The
Vice President and Dean of Student Life will convey the decision in
writing to the complainant and the party charged within a reasonable time,
normally within seven (7) calendar days after receiving the report from the
Special Hearing Board.
Section 9: An
appeal of the decision must be made in writing to the Vice President
and Dean of Student Life within seven (7) calendar days.
Section 10: Grounds
for an appeal are limited to: improper procedures, new evidence or
unreasonable penalties.
Section 11: The
Vice President and Dean of Student Life will issue a decision responding to
the written appeal within a reasonable time, normally ten (10) calendar days
after receipt of the appeal (or a response by the other party, if solicited). The
Vice President and Dean of Student Life does not rehear Special Hearing Board
complaints but ensures that students’ rights are protected, appropriate
procedures are followed, and penalties are reasonable.
Section 12: Students
who violate sanctions imposed by the Vice President and Dean of Student
Life shall be subject to further disciplinary action up to and including expulsion
from the University which discipline can be imposed directly by the
Vice President and Dean of Student Life, provided the student is first given
the opportunity to meet with the Vice President.
Section 13: In
those cases where, in the opinion of the Vice President and Dean, the
continued presence of an individual on campus constitutes a threat
of danger or injury to others or a threat of disruption of the educational
or living environment, the Vice President and Dean of Student Life may immediately
suspend the individual from the University or take other appropriate action
as provided in Clause I, Section 3.
Section 14: If
the complainant(s) or party/parties charged are not matriculated students,
the Associate Dean of Student Life will decide whether the complaint
will be handled within the Office of the Associate Dean of Student
Life or referred to the appropriate office or body of the University. In cases
where the complainant or party charged is a faculty member, the procedures
applicable to the faculty as set out in the faculty handbook will be used.
Section 15: No
meeting of the Special Hearing Board shall be recorded in any way other
than the individual notes taken by those present and the report detailed
in Section 6.
Section 16: Failure
to cooperate with requests of the Special Hearing Board or directives
of the Associate Dean of Student Life by either party or persons acting
on a party’s behalf
may be dealt with by appropriate disciplinary action and may be considered
by the Board in its hearing of the complaint.
Section 17: Issues
and questions that are not specifically addressed in the above are
resolved by a majority vote of the available members of the Special
Hearing Board assigned to a case following a recommendation by the Associate
Dean of Student Life.
D. Sexual Harassment
Policy: It is the policy of St. Lawrence University that all
our employees and students should be able to enjoy a work and educational
environment free from all forms of discrimination, including sexual
harassment.
It is expressly
against University policy for any employee or student to engage in
sexual harassment. Sexual
harassment is defined as any unwelcome sexual advancement, request
for sexual favors, or other physical or verbal conduct of a sexual
nature when:
1. submission to such
conduct is made either explicitly or implicitly a term or condition
of an individual’s employment or education; or
2. submission to or
rejection of such conduct by an individual is used as the basis for
academic or employment decisions affecting that individual; or
3. such conduct has
the purpose or effect of unreasonably interfering with an individual’s
academic or professional performance or creating an intimidating, hostile
or offensive employment, education, or living environment.
Conduct
that is harassing to students or employees will not be tolerated. Any
employee or student will be subject to disciplinary action for violation
of this policy, up to and including termination or expulsion. Sexual
harassment is illegal under both state and federal law. Some
cases may be susceptible to prosecution under criminal sexual law.
What
Can I Do If I Experience Sexual Harassment? Any
St. Lawrence University employee having a complaint of sexual harassment
is urged to notify his or her immediate supervisor at once. If
the complaint is against the immediate supervisor, or if the complainant
for any other reason is not comfortable with or is unable to contact
his or her supervisor, the University’s Office of Equity Programs
or the Human Resources Office should be consulted. A student
should notify the University’s
Office of Equity Programs or the Associate Dean of Student Life for
information on the complaint procedure and advice.
The Equity
Programs Office will investigate the allegations and recommend the
necessary corrective action. No employee or student shall be subjected
to any discipline or adverse treatment because the employee or student made a
complaint of sexual harassment. All appropriate confidences shall be maintained.
If a student is interested in seeking an informal resolution, the
appropriate office will work with the individual towards that end.
Formal complaints of alleged sexual harassment may be heard, as appropriate,
by the Discriminatory Harassment Hearing Board, which is described
in the Student Handbook and on the Human Resources page of the SLU
website. Retaliatory action of any
kind (such as, but not exclusive to adverse action vis-à-vis
standing in employment or student status, adverse decisions re salary,
job performance or student performance, or adverse action taken re
opportunity for advancement for an employee or student) taken by any
employee (e.g., department head, supervisor, and co-worker) or student
against any other employee or student as a result of that person’s
seeking redress through an appropriate means, including under the procedures
of the DHHB, cooperating in any appropriate inquiry in the matter,
or otherwise participating in any proceedings under the procedures
of the DHHB is prohibited. Any such retaliatory action can be the basis
for a separate complaint.
For more
information about the DHHB contact the Special Assistant for Equity
Programs in Vilas G1. (Check Web for current information: www.stlawu.edu/resources/dhhb.procedures.pdf)
E. Discrimination: conduct
which threatens the well-being of another person or persons; conduct
which limits or denies equal treatment of another person or persons
because of race, color, sex, sexual orientation, religion, age, disability,
veteran status, marital status, national origin or ancestry.
F. Discriminatory Harassment: any demeaning, intimidating or hostile verbal, physical or symbolic
behavior expressed person-to-person or by communications methods, including
telephonic and electronic means, that is directed at an identifiable
individual or group and is based on that individual’s or group’s
race, religion, ethnicity, age, gender, national origin, disability
or sexual orientation, and that has the effect of interfering with
a reasonable person’s academic or work performance or of creating
an intimidating, hostile or offensive situation or environment. Such
behaviors include, but are not limited to, the use of slurs, epithets,
gestures, demeaning jokes or derogatory stereotypes. (See policy statement
in the University Policies section of The Student Handbook.)
G. Violation of published
University regulations: Conduct which violates any published University
rule or regulation, including rules governing residences and the Unversity
smoking policy.
H. Alcohol: Intoxication
and/or alcohol abuse is prohibited and is not an excuse for irresponsible
behavior or misconduct.
I. Firearms/Weapons: possession and/or use of firearms or other dangerous weapons.
J. Drugs: Illegal
use, possession and/or sale of marijuana and/or controlled substances;
possession of drug paraphernalia as commonly defined (pipes, bongs,
etc.) is also prohibited. All illegal drugs, controlled substances
and/or drug paraphernalia will be confiscated.
K. Fire/Life Safety:
a) tampering with fire
and/or safety equipment, including smoke detectors, fire extinguishers,
fire signs, exit signs, fire doors, emergency lighting and door access
systems.
b) falsely reporting
a fire, including activating a fire alarm.
c) causing a fire intentionally,
carelessly, or recklessly.
d) interfering with
or failing to follow emergency procedures, including evacuating a residence
during a fire alarm or fire drill.
L. Reckless Action: Taking
any action or creating or participating in the creation of any situation
which recklessly or intentionally endangers mental or physical health.
M. Hazing: Conduct
that intentionally or recklessly causes psychological, emotional or
physical harm, or could cause such harm, to a person as part of initiation
into or affiliation with any organization. Anyone who actively
participates in such conduct, or who has knowledge that such conduct
is taking place or is about to take place and fails to report it to
University officials or otherwise take appropriate and reasonable steps
to attempt to stop such conduct, is guilty of hazing.
N. Theft: Possession
of, or conscious attempt to possess, another person’s property,
including combinations for room locks or other locks, and including
access codes for telephonic and computer systems, by an unauthorized
person, is theft, and is a proscribed and punishable action.
O. Obstruction of University
Employees: Conscious interference with, or obstruction of, any
University employee in the performance of their duties, or harassing
or retaliatory behavior directed at employees in the course of or as
a result of performance of duty, is a proscribed and punishable action.
Section 5: Conflict Resolution and Disciplinary Procedures
Each student is responsible for trying to resolve conflicts directly
with those involved. That failing, the student is encouraged
to seek assistance from the Associate Dean of Student Life, residential
staff, Greek advisor and/or cottage coordinator.
Violations
of the St. Lawrence University Student Code of Responsibility are administered
according to Article XI—Judicial System Constitution of the Thelomathesian
Society Constitution.
Student Judiciary Board Constitution—
Clause
I: Jurisdiction of the Vice President and Dean of Student
Life and Co-Curricular Education
Section 1: The Vice President and
Dean of Student Life’s designee, the Associate Dean of Student Life,
supervises the student judicial system. The Associate Dean of Student
Life is vested with the responsibility to monitor judicial proceedings for
the purpose of insuring that such proceedings are conducted in a manner that
is consistent with University policy. The Associate Dean’s responsibilities
in this regard include: to ensure that students’ due process and students’ rights
and responsibilities are upheld, and to sit in on judicial hearings. The Associate
Dean of Student Life has the authority to investigate possible, and charges
of, violations of the St. Lawrence University Student Code of Conduct and,
in the event of filed charges, determine whether there is sufficient merit
in them to warrant proceeding to the next step of the hearing. The Associate
Dean of Student Life may provide for designated administrative staff members
to hear certain disciplinary cases if deemed appropriate and if the student
charged agrees to an administrative agreement. The Chief Justice of the
Student Judiciary Board maintains the right to continually define which types
of cases are appropriate for an administrative agreement and may require all
cases to be heard by the Student Judiciary Board.
Administrative
Agreement: Students found in violation of the Student Code of
Responsibility for infractions that do not hold the potential for suspension
or expulsion can have the charges resolved at the administrative level. An
administrative agreement is completed only when the student charged agrees
that the sanction/s imposed are reasonable and fair. Should the student
not accept responsibility for the charges, or not accept the proposed sanction/s,
the matter is referred to the Student Judiciary Board. All administrative
agreements will be brought to the attention of, and be approved by,
the Student Judiciary Board
Section 2: When
a violation of the St. Lawrence Student Code of Responsibility may
also violate federal, state or local law, the Associate Dean of Student
Life may decide to either proceed with the case or stay University
proceedings pending resolution of any potential or actual external
charges (a decision to stay proceedings can be reconsidered at any
time)
Section 3: The Vice President and
Dean of Student Life or the Vice President’s designee may suspend a student
from the University or take other appropriate action whenever the student’s
alleged actions constitute a danger or hazard to members of the University
community or to the University. Such actions may include a threat of danger
or injury to others, a threat of disruption of the educational or living environment. Before
a suspension can exceed 7 calendar days, the student (to be) suspended
shall be given the opportunity to speak directly to the Vice President
and Dean
Section 4: The Vice President
and Dean of Student Life reviews appeals when the Board of Appeals
is not in session
Section 5: The Vice President
and Dean’s
designee, the Associate Dean of Student Life, shall have jurisdiction for student
judicial problems when the Student Judiciary Board is not in operation. When
practicable, the Associate Dean of Student Life shall act in consultation with
the Chief Justice of the Student Judiciary Board.
Clause II: Jurisdiction of the Student
Judiciary Board
Section 1: The
Student Judiciary Board hears charges involving students, groups
of students, or student organizations (including but not limited
to recognized organizations, theme houses and floors, etc.) charged
with violations of the Student Code of Responsibility, except for
those charges which fall under the jurisdiction of the Special Hearing
Board (Clause IX-XI) or which are referred to the Joint Board of
Inquiry
Section 2: The
Student Judiciary Board operates from the first day of fall semester
first-year orientation to the last day of classes of the spring semester.
The Associate Dean of Student Life conducts hearings when the student
Judiciary Board is not in session
Section 3: The
student judicial system supersedes any internal supervision by student
organizations or residence halls when violations of the Student Code
of Responsibility occur
Section 4: Any
person or group from the University community may present allegations
to the student judicial system through the Associate Dean of Student
Life who determines whether to permit charges to proceed.
Clause III: Responsibilities of the Student Judiciary
Board
Section 1: The Student
Judiciary Board conducts hearings and determines appropriate sanctions. Determinations
are based on the weight of evidence presented; that is, is it more
likely than not that a charge against a student or group is correct.
Section 2: The
Student Judiciary Board conducts hearings within a reasonable length
of time after receipt of charges, normally within ten days.
Section 3: When a student
suspended for disciplinary reasons requests re-enrollment at the
University, the Vice President and Dean of Student Life and the Associate
Dean of Student Life, in consultation with the Chief Justice of the
Student Judiciary Board, determines whether or not the student is
to be readmitted and, if so, under what conditions.
Section 4: Students
and staff of a residence hall may establish internal procedures for
minor community infractions so long as they do not conflict with
University policies. The residence life staff maintains a written
record of infractions and the sanctions involved. A student
who repeatedly violates community standards is referred to the Student
Judiciary Board, which will consider the written record in determining
appropriate sanctions. If a student feels that sanctions imposed
by residential staff are inappropriate that student may bring the
matter before the Student Judiciary Board for adjudication.
Section 5: The Joint
Board of Inquiry is intended to consider cases of special concern
to the St. Lawrence University community. The decision to refer
a matter to the Joint Board of Inquiry rests with the Vice President
and Dean of Student Life or his designee. The Student Judiciary
Board will not hear a matter so referred to the Joint Board of Inquiry.
Clause IV: Qualifications and Appointments
Section 1: The
Student Judiciary Board consists of eight justices and student
advocates (number determined by Chief Justice) appointed by the Committee
of Selection, which consists of the outgoing senior class justices
of the Student Judiciary Board, the president of the Thelomathesian
Senate or his/her designee, and two graduating members of Omicron
Delta Kappa, each having one vote.
Section 2: The Committee
of Selection chooses the Chief Justice of the Student Judiciary Board.
Section 3: The Student
Judiciary Board is composed of three seniors, three juniors and two
sophomores.
Section 4: If a vacancy
occurs on the Student Judiciary Board, the new justice is appointed
by the Committee of Selection.
Section 5: All members
of the Student Judiciary Board must be in good academic and disciplinary
standing and are selected and ratified on the basis of suitable character
and maturity.
Section 6: The Associate Dean of
Student Life acts as an advisor to the Student Judiciary Board.
Section 7: Student advocates will
advise students how to best engage with the University’s judicial
process.
Clause V: Procedures
Section 1: A
student or an organization notified to appear before the Student
Judiciary Board is made aware of his/her/their rights at the time
he/she/they receives notice of charges. These rights include:
a) the right to receive
notice of charges in writing, to include the time and place of the
alleged violation (to the extent available) and time and place of the
Student Judiciary Board hearing.
b) the right to a fair
and impartial hearing.
c) the right to offer
witnesses and testimony, and to challenge evidence and testimony presented
against him/her/them. However, the Student Judiciary Board may
establish a reasonable limit on the number of witnesses and the relevancy
of any proffered evidence.
d) the right to be
accompanied by another individual from the St. Lawrence community
whose role will be advisory only. Students/organizations may
not be represented by attorneys at disciplinary hearings or meetings
relevant to the complaint.
e) the right to make
the meeting public through prior consultation with the Chief Justice.
f) the right
to remain silent without sanction.
g) The right of five
days written notice in advance of the hearing, that can be waived by
agreement between the student/organization and the Chief Justice. This
written notice is placed in the student’s or organization leader’s
campus mailbox a minimum of five calendar days before the scheduled
meeting.
h) The right to appeal
within seven (7) calendar days after receipt of sanction.
Section 2: The Student Judiciary
Board may call witnesses and make recommendations based upon all evidence presented. The
Student Judiciary Board is also empowered to resolve any procedural issues
which might arise in the course of a proceeding, provided that resolution is
not inconsistent with the express provisions contained herein.
Section 3: If
a student/organization fails to appear for a hearing as required by the Student
Judiciary Board, that case will be heard in absentia unless the chief justice
determines that extenuating circumstances warrant an exception.
Section 4: The Student Judiciary
Board recommendations are sent to the Associate Dean of Student Life for consideration. Within
seven days the Associate Dean of Student Life either confirms the recommendation(s)
or returns the recommendation(s) with comment to the Board for reconsideration. If
the Associate Dean of Student Life confirms the recommendation(s) of the Board,
the decision is sent to the student charged. If the Associate
Dean of Student Life returns the recommendation(s) with comment to
the Board and the Board reaffirms its original recommendation, the
recommendations are sent to the Vice President and Dean of Student
Life who will determine the issue. Students who violate sanctions imposed
by the Board or by the Vice President and Dean of Student Life are
subject to further disciplinary action up to and including termination
from the University, which discipline can be imposed directly by the
Vice President and Dean of Student Life, provided the student is first
given the opportunity to meet with the Vice President.
Clause VI: Responsibilities of the Board of Appeals
Section 1: The
Board of Appeals does not re-hear Student Judiciary Board proceedings
but rather ensures that student rights have not been violated, that
appropriate procedures are followed, and sanctions are reasonable.
Clause VII: Qualifications and Appointments—Board
of Appeals
Section 1: The
Board of Appeals is composed of two faculty members, two members
of the University administration, and four students. If student
vacancies occur, the Committee of Selection makes re-appointments. Faculty
vacancies are filled by Faculty Council. The President fills
administrative vacancies.
Clause VIII: Procedures of the Board of Appeals
Section 1: Appeals
may be filed by the accused student by submitting a completed Appeal
Form to the Convener of the Judicial Appeals Board, relying on the
following grounds:
a) that the sanctions
imposed by the Student Judiciary Board were unreasonable.
b) that the student’s
procedural rights were violated.
c) that new evidence
which could have substantially affected the decision first became known
after the initial hearing.
Section 2: The
Board of Appeals meets promptly to consider an appeal, normally within ten
days.
Section 3: The
Chief Justice of the Student Judiciary Board is invited to attend meetings
of the Board of Appeals.
Section 4: Recommendations
from the Board of Appeals are sent to the Vice President and Dean of Student
Life, who then makes the final decision and notifies the student charged and
the Chief Justice of the Student Judiciary Board.
Section 5: The
President of the University is informed in cases of suspension or expulsion.
Clause IX: Responsibilities of the Special
Hearing Board
Section 1: The
Special Hearing Board conducts hearings in formal complaints of alleged
sexual misconduct (includes sexual assault, relationship violence,
and sexual harassment) and stalking that are forwarded to it by the Associate
Dean of Student Life. The Associate Dean of Student Life has
the authority to investigate possible violations of the St. Lawrence
University Code of Conduct, and to review any charges that have been
filed. In the event of filed charges, he/she can determine
whether there is sufficient merit in them to warrant proceeding to
the next step of the hearing. In other cases, he/she may elect
to file charges himself/herself so that a matter may proceed. The
Associate Dean of Student Life receives informal complaints of alleged
sexual misconduct which generally are not forwarded to the Special
Hearing Board. An informal complaint is a written report of
alleged sexual misconduct that the student complainant has elected
not to take formal action. In the case of a stalking complaint, the Associate Dean of Student Life and a representative of the Special Hearing Board may jointly agree to refer the matter to one of the University's other procedures for handling misconduct (e.g., the Student Judiciary Board).
The Special
Hearing Board will make appropriate recommendations based upon a preponderance
of information presented in complaints of alleged sexual misconduct:
sexual assault, relationship violence, and sexual harassment.
Section 2: The
Special Hearing Board conducts hearings as soon as possible after receipt
of the complaint. A victim or any member of the University community may
file a complaint within six months of the alleged incident. In
extraordinary circumstances, the Associate Dean of Student Life or
Special Hearing Board may decide to proceed with a complaint filed
after six months of the alleged incident. Hearings are scheduled as
determined by the reasonable availability of the parties involved,
witnesses, members of the Special Hearing Board, and the Associate
Dean of Student Life (or a designee appointed by the Associate Dean
of Student Life).
Clause X: Qualifications and Appointment—Special
Hearing Board
Section 1: The
Special Hearing Board consists of twelve members of the St. Lawrence
University community plus the Associate Dean of Student Life (or
a designee appointed by the Associate Dean of Student Life). Three
members of the Board will serve as the Special Hearing Board for
each individual complaint. The Vice President and Dean of Student
Life, the Associate Dean of Student Life and the Thelomathesian President
collaborate in identifying faculty and staff members interested in
working with the Special Hearing Board. The recommendations
for faculty membership are then forwarded to the Vice President and
Dean of Academic Affairs and on to Faculty Council for approval. The
role of the Associate Dean of Student Life is to assure that all
administrative and procedural requirements are met, to collect information, and
to perform other administrative duties and otherwise assist the Board
as needed. The Associate Dean of Student Life attends meetings
of the Special Hearing Board but is not a voting member of the Board.
Clause XI: Procedures—Special Hearing Board
Section 1: When infractions of the St. Lawrence
Student Code of Social Responsibility/Sexual Misconduct may also
violate federal, state or local law, the Associate Dean of Student
Life may decide to either proceed with the case or stay University
proceedings pending resolution of any potential or actual external
charges (a decision to stay proceedings can be reconsidered at any
time).
Section 2: The Special Hearing Board calls witnesses
and make recommendations based upon a preponderance of information
presented.
Section 3: The complainant is made aware of his
or her rights before the hearing. These rights are:
a) the right to have
a St. Lawrence University student, staff, or faculty member accompany
him/her throughout the hearing process. The complainant is not
entitled to have an attorney-at-law or a non-community member present
at the hearings or meetings with the Associate Dean of Student Life
in preparation for the hearings.
b) the right to make
his/her statement without directly confronting the party charged in
the hearing.
c) the right to provide
a personal statement of events.
d) the right not to
have his or her past sexual history discussed during the hearing (although information concerning a student's involvement in prior formal complaints may be considered by the Special Hearing Board if considered by it to be relevant).
e) the right to ask
that witnesses relevant to the case be called to testify at the hearing. However,
the Special Hearing Board may establish a reasonable limit on the number
of witnesses and to also place reasonable restrictions on the introduction
of any proffered evidence.
f) the right
to appeal.
g) the right to identify
one member of the Board who is asked to recuse himself/herself and
is replaced by another member.
h) the right to decline
to answer a question. However, the Board proceeds based on the
information provided. Failure to cooperate with the Special
Hearing Board may be considered by the board in its hearing of
the complaint.
Section 4: The
party charged is made aware of his or her rights before the hearings. These
rights are:
a) the right to be
informed of the charges in writing, the time and place of the offense
and his or her accuser.
b) the right to have
a St. Lawrence University student, staff, or faculty member accompany
him or her throughout the hearing process. The party charged
is not entitled to have an attorney-at-law or a non-community member
present at the hearings or meetings with the Associate Dean of Student
Life in preparation for the hearings.
c) the right to ask
that witnesses relevant to the case be called to testify at the hearing. However,
the Special Hearing Board may establish a reasonable limit on the number
of witnesses and to also place reasonable restrictions on the introduction
of any proffered evidence.
d) the right not to
have his or her past sexual history discussed during the hearing.
e) the right to appeal.
f) the right
to provide a personal statement of events.
g) the right to ask
one member of the Board to recuse himself/herself who is replaced by
another member.
h) the right to decline
to answer a question. However, the Board proceeds based on the
information provided. Failure to cooperate with the Special
Hearing Board may be considered by the board in its hearing of the
complaint.
Section 5: The
Special Hearing Board may subpoena witnesses to appear and testify before the
Board. Failure to appear or cooperate with the Board is a punishable offense.
Section 6: After
having heard from each party and relevant witnesses as determined by the Board,
and prior to rendering its final decision, a summary of relevant, conflicting
information received by the Board will be provided each party, who will then
have one final opportunity to respond, either in writing or in person, as determined
by the Board. In the course of this process, the identification of witnesses
will normally remain confidential unless such identification is reasonably
necessary to a party’s ability to respond.
Section 7: The
Special Hearing Board with the assistance of the University Judicial
officer will issue a written report to the Vice President and Dean
of Student Life within a reasonable time, normally within seven (7)
working days of the conclusion of its investigation. The Special Hearing Board report will detail the
complaint, identify the parties involved, and present the Special Hearing Board’s
recommendations with rationale. The Vice President and Dean is free
to discuss the hearing with the hearing panel and the University Judicial Officer. Within
a reasonable time, normally within seven (7) working days, the Vice President
and Dean will either confirm the recommendation(s) or return the complaint
with commentary to the Special Hearing Board for reconsideration or further
proceedings. The Special Hearing Board will thereafter forward
its final report after reconsideration to the Vice President and Dean
of Student Life.
Section 8: The
Vice President and Dean of Student Life will convey the decision in
writing to the complainant and the party charged within a reasonable
time, normally within seven (7) calendar days after receiving the report
from the Special Hearing Board.
Section 9: An
appeal of the decision must be made in writing to the Vice President
and Dean of Student Life within seven (7) calendar days.
Section 10: Grounds
for an appeal are limited to: improper procedures, new evidence or
unreasonable penalties.
Section 11: The
Vice President and Dean of Student Life issues a decision responding
to the written appeal within a reasonable time, normally ten (10) calendar
days after receipt of the appeal (or a response by the other party,
if solicited). The
Vice President and Dean of Student Life does not rehear Special Hearing Board
complaints but ensures that students’ rights are protected,
appropriate procedures are followed, and penalties are reasonable.
Section 12: Students
who violate sanctions imposed by the Vice President and Dean of Student
Life shall be subject to further disciplinary action up to and including
expulsion from the University which discipline can be imposed directly
by the Vice President and Dean of Student Life, provided the student
is first given the opportunity to meet with the Vice President and
Dean.
Section 13: In
those cases where, in the opinion of the Vice President and Dean, the
continued presence of an individual on campus constitutes a threat
of danger or injury to others or a threat of disruption of the educational
or living environment, the Vice President and Dean of Student Life
may immediately suspend the individual from the University or take
other appropriate action as provided in Clause I, Section 3.
Section 14: If
the complainant(s) or party/parties charged are not matriculated students,
the Associate Dean of Student Life will decide whether the complaint
will be handled within the Office of the Associate Dean of Student
Life or referred to the appropriate office or body of the University.
In cases where the complainant or party charged is a faculty member,
the procedures applicable to the faculty as set out in the faculty
handbook will be used.
Section 15: No
meeting of the Special Hearing Board shall be recorded in any way other
than the individual notes taken by those present and the report detailed
in Section 6.
Section 16: Failure
to cooperate with requests of the Special Hearing Board or directives
of the Associate Dean of Student Life by either party or persons acting
on a party’s behalf
may be dealt with by appropriate disciplinary action and may be considered
by the Board in its hearing of the complaint.
Section 17: Issues
and questions that are not specifically addressed in the above are
resolved by a majority vote of the available members of the Special
Hearing Board assigned to a case following a recommendation by the
Associate Dean of Student Life.
Clause XII: Responsibilities of the President
of the University
Section 1: The
President of the University is informed by the Vice President and
Dean of Student Life of all cases resulting in suspension or expulsion. The
President is also informed of all decisions to restrict membership
or remove recognition from a group or organization.
Clause XIII: Removal of Members—Student
Judiciary Board and Board of Appeals
Section 1: Grounds
for removal of a Student Judiciary Board member are violation of
confidentiality, lack of good behavior, failure to complete duties,
and/or failure to remain in good academic standing. Any member
of the St. Lawrence University community may initiate a petition
for removal of a board member.
The petition,
bearing at least 20 signatures from full-time students, is submitted
to the Vice President and Dean of Student Life. The petition
is forwarded to a review committee consisting of the Executive Committee of
the Thelomathesian Senate and three members of Omicron Delta Kappa selected
by the president of Omicron Delta Kappa. Acceptance of a recommendation
for a removal must be verified by a 2/3 vote of this review committee.
Section 2: Grounds
for removal of a Board of Appeals member are betrayal of trust or lack
of good behavior. Any member of the St. Lawrence University community may initiate
a petition for removal of a Board of Appeals member. The petition, bearing
at least 20 constituent signatures, shall be filed with the electing or appointing
body. That body shall institute appropriate hearings and render
a decision.
Clause XIV: Sanctions
The
following sanctions may be imposed by any appropriate body when the
evidence establishes a violation of any University policies whether
it is the one specifically charged or not, provided the accused had
adequate notice of and opportunity to respond to the underlying allegations. The
following list of sanctions is not exhaustive. Sanctions may
apply to groups as well as students. The Student Judiciary
Board, administrative hearing officer, or other body may impose a
single sanction or a combination of sanctions. When determining
sanctions, the Student Judiciary Board, hearing officer, or other
body may consider a student’s or group’s past disciplinary
record.
Should a
student take a leave of absence or withdraw from the University with
disciplinary sanctions pending, he/she is expected to complete the
sanctions upon his/her return.
Failure
to comply with imposed sanctions will result in additional discipline.
