The College Student Judicial System
A. Introduction
MCLA is committed to student self governance and direct responsibility in the safeguarding of personal and community rights. In order to fulfill this commitment, the College has established policies to protect the rights of others while, at the same time, giving due process to any person accused of violation of these rights or policies. On the other hand, when students are convicted of violating a law of the larger community, that is, county, state or federal law, the College will not request special consideration because of their status as college students. Being a student does not make one immune from prosecution for violation of these laws. Furthermore, prosecution by federal, state or local authorities does not preclude disciplinary action being taken by the College. Because the College also recognizes many different student groups and student organizations, and these organizations will often act as if they are individuals, the standards and processes described in this Handbook are also considered applicable to such groups and organizations. Violations of College policy whenever the conduct in question occurs in any of the following circumstances may be subject to College disciplinary action.
- if it occurs on the campus or in any College facility;
- if it occurs while the student who is charged was attending or participating in any college-related activity (such as athletic contests, field trips, study abroad programs or social events);
- if the conduct, wherever it occurs, calls in question the student's suitability as a member of the College community such as but not limited to, acts of violence, violations of another's civil rights, hazing, the unlawful sale or possession of drugs, the unlawful use of alcoholic beverages and crimes against persons or property. These and similar behaviors will subject a student to College Judicial action regardless of where the conduct occurs.
The fact that a student's conduct may also constitute a crime in violation of local, state or federal law does not limit the ability of the College to discipline the student for that conduct. The College, therefore, always reserves the right to submit a complaint to the Student Judicial System even if the same conduct is or may become the subject of a criminal or civil case. If there are ever any questions concerning the procedure or any other aspect of the judicial system, students should ask for clarification before the hearing. This may be done by contacting the Dean of Students Office or by contacting a Procedural Advisor through the Student Affairs Office.
B. Reports Of Alleged Violations Of College Policies And Rules
Allegations that students have violated a College policy, including a local, state or federal law, may be directed to the Dean of Students Office. Alleged offenses committed by students living within College residence areas will most likely be initially reviewed by Residential Programs & Services. In the case when a matter will be resolved in residence, typically the Residence Director conducts the hearing. Some incidents occurring in residence areas, however, may be referred to the Assistant Dean of Students for all College Judicial System action especially if the presenting information suggests that a student's enrollment status may require review and/or there is a history of repeated violations.
Any person in the MCLA community may submit reports concerning alleged violations. Residence hall staff, faculty, and other students may submit such reports to Residential Programs & Services or the Dean of Students; however, three conditions are necessary in order for the college to consider reports/allegations of violations official.
- The report must be put in written form.
- The report must be signed by a person writing the report and/or who can act as a witness to the alleged event(s).
- The report must be accepted by a member of the above-specified Student Affairs Office as being sufficient to justify a judicial hearing being held about the matter being reported.
Staff in these offices may conduct investigations prior to acceptance of the report. Any campus community member who refers a disciplinary matter or a complaint to the named offices is typically expected to participate in and present relevant information and evidence in disciplinary hearings and/or conferences. Reports developed by the Department of Public Safety or other police agencies are more likely, though not exclusively, used to support possible prosecutions of alleged offenses in courts of law off campus.
C. Processing Of Reported Violations
Once an official report of an alleged violation of College rules has been accepted by either of the aforementioned Student Affairs Offices, it is required to produce a "Specification of Charges." A "Specification of Charges" lists the information about the alleged offense, the rule(s) that supposedly has been violated, the name of known witnesses to this situation and/or other sources of information that would support the allegations, and the time when a hearing has been scheduled to review these allegations. This information is sent to the accused student at least three days prior to the hearing. In materials, which accompany the "Specification of Charges," the accused student may also be instructed to contact the appropriate Student Affairs Office about the matters identified in the "Charges" as well as any questions they might have about the judicial process of the College. Alleged violations may be resolved in one of the following ways.
- Provide the Student Affairs Office or its designee with sufficient information to justify the dismissal of the charges.
- Plead responsibility for the charges and meet with a representative of the Student Affairs Office for the purpose of holding an Administrative Hearing during which a sanction will be assessed for the violation that has been acknowledged.
- Appear before a Judicial Hearing Officer or panel for the purpose of determining the accuracy of the charges pending and what actions, if any, need to be taken to resolve the issues alleged in the charges. The Assistant Dean of Students determines under what circumstances, if any, a matter is brought before a Judicial Hearing Officer or Panel. This method of resolving alleged violations is exercised at the discretion of the Assistant Dean of Students and is typically employed at times when the College Judicial Board cannot be convened.
- Appear before the College Judicial Board for the purpose of determining the accuracy of the charges pending and what actions, if any, need to be taken to resolve the issues alleged in the charges. The Assistant Dean of Students determines under what circumstances, if any, a matter is brought before the College Judicial Board.
The Assistant Dean of Students or a designee may defer proceedings for alleged violations of the student conduct code for a period not to exceed ninety days. Pending charges may be dismissed at the discretion of the Dean or designee.
Student disciplinary processes are typically conducted during the fall and spring semesters. These processes are usually engaged during the first week of classes to the week before final examinations. Resolution of incidents which occur at the end of a semester may be scheduled for hearings during the subsequent semester.
D. College Judicial Board The College Judicial Board consists of four undergraduate students, two faculty and one administrator. Appointments to the Board are made by the President of the College with nominations coming from the President of the Student Government Association, President of the Faculty Association, Dean of Students, and from the members of the College community. Furthermore, assuming that they are not on academic or disciplinary probation with the College, students appointed to the Board serve for the duration of the academic year. Generally, the Board meets about once a week during the regular school year. The Board selects its own officers and may, after consultation with the Assistant Dean of Students, determine its own procedures. However, in all cases heard by the Board, accused students have the following listed rights:
- to be informed of the acts that are alleged to have been committed
- to be informed of the rule(s) which have been violated if the alleged acts are proven to be true
- to a fair hearing in which they are allowed to be present when any evidence against them is to be considered by the Board
- to have a counselor/advisor present if such a person is a member of the College community. However, whenever counselors/advisors, legal agents or other persons are allowed to be present regardless of their status in the College community, he/she will have no right to address the Board directly without being granted permission by the Board to do so and no counselor, regardless of his/her status, will be allowed to speak for the accused student. Further, judicial processes are private and any person involved is expected to respect the privacy of all persons and information
- to call relevant witnesses
- to a summary record of the process
- to be informed of the finding of the Board
Judicial Board testimony sessions are closed private sessions unless both the accused and the complainant agree to open the session to the College community. Regardless of any agreement, Judicial Board deliberation sessions are always closed.
Persons who would like more detailed information about the membership or operation of the Student Judicial Board should contact the Student Affairs Office.
E. Disciplinary Sanctions Whenever a student is found to have acted in a manner contrary to the College rules and regulations, he/she can expect that some form of official disciplinary action will be taken against them by the College. The goal in selecting an appropriate sanction in every discipline case is to provide the students with an educational experience and to balance the perceived needs of the individual student with those of the entire community. Therefore, the type of action taken in any particular case will depend on several factors, including the degree of seriousness of the violations, the violator's awareness about the problems caused by his/her behavior, and the violator's degree of maturity and apparent ability and readiness to learn more positive behaviors as a result of having participated in the campus judicial process.
The following sanctions represent a range of actions starting with the less serious and ending with the most severe. Any hearing agent, such as the College Judicial Board, or a representative of the Student Affairs Office, upon finding that a violation of College policy has taken place, may apply any one of these sanctions or a combination of these in an effort to effectively respond to the situation of the case before them. The sanctions are considered in order of severity. Discipline is also progressive so a student who is already on "General Probation" and is found to have violated another College rule can expect to receive a more severe sanction such as "Disciplinary Probation" and so forth on through "Dismissal from the College." The actions, which may be taken in disciplinary cases, are:
Case Dismissed ‑ An action which closes a case for any one of the following reasons: a) not responsible finding is reached by the hearing body, or b) there is a lack of sufficient information and/or evidence.
Reprimand ‑ Written notification from a hearing body/officer to a student containing an official reprimand and indicating that repetition of infractions of College regulations will most likely result in more severe disciplinary action.
College Probation ‑ A probationary status imposed for a specified time period, not to exceed one calendar year during which a student is expected to show a positive change in behavior. In addition, conditions and restrictions appropriate to the offense may be imposed. Any further violation of the probation will be basis for more severe disciplinary action.
Disciplinary Probation ‑ A restrictive probationary status imposed for a specific time period, not to exceed eighteen months, during which a student is most likely to be prohibited from representing the College, or running for/holding office, in any extracurricular activities such as councils, intercollegiate athletic teams, intramural programs, clubs or organizations (including SGA), theater, publications, band, etc. Additional conditions or restrictions may be imposed. Students found responsible of any further infraction of College regulations during the probation, or who violate the conditions or restrictions of the probation will be subject to further action.
Suspension from College ‑ Suspension status excludes a student from classes and from all privileges and activities of the College for a definite period of time, not to exceed one calendar year. This action may be deferred to become effective after a certain date. During the period of suspension, a student is not permitted to be on the College property or use the facilities or equipment without the expressed permission of the Dean of Students Office. If the conditions of the suspension are violated, he/she will be subjected to further disciplinary action.
Dismissal from the College ‑ A decision to dismiss a student means that his/her status at MCLA is terminated for an indefinite period of time. During the period when the student is dismissed he/she is excluded from classes and from all privileges and activities of the College. During a period of dismissal a student is not permitted on College property without the expressed permission of the Dean of Students Office. If a dismissed student violates any College regulation during the dismissal period or the conditions of dismissal, he/she shall be subject to further action. A sanction of dismissal must be reviewed and approved by the College President before it becomes effective. Any recommended dates or conditions of readmission must be similarly approved. Readmission to the College must be approved by the President.
Conditions
A Hearing Agent may attach conditions to any disciplinary action, including but not limited to the following:
a. Restitution ‑ Reimbursement by the student to the College or an individual through payment of money or performance of an appropriate work requirement because of damage or loss to the College or personal property or misappropriation of same.
b. Fines, Fees and Service Charges ‑ Penalty fees payable to the College of no less than $5 and no greater than $100 depending upon the degree of the infraction (except when a larger fine is imposed on the College by an outside agency as the result of an individual's actions). Failure to pay fines or service charges within the time specified by the hearing body will result in the imposition of more severe disciplinary action. The money collected by fines will be deposited in a fund to support educational programming and/or scholarships.
c. Special Assignment ‑ A work project or special assignment imposed by a hearing body either as an alternative to another sanction or as a condition of a particular sanction. An effort will be made to select an assignment, which is appropriate to the offense and does not degrade the individual or inhibit his/her academic progress or health. Special assignments may include, but are not limited to, community service, written reports, participation in extracurricular programs, counseling or educational groups, and work in a specific campus office, building or area. Failure to complete a special assignment by the date set by the hearing agent or body will result in the imposition of more severe sanctions and/or release of enrollment.
d. Restriction or Revocation of Privileges ‑ Temporary or permanent loss of privileges as an alternative to another sanction or as a condition of a particular sanction. Such action includes but is not limited to use of a specific College facility, residence hall visitation privileges, access to computing network, campus motor vehicle parking and/or operating privileges, and other special privileges. The hearing officer or body must specify the date after which the student may regain these privileges and/or what conditions the student must meet to be eligible to regain these privileges.
e. Referral to a Targeted Educational Intervention - The designated hearing officer or body may refer a student to education intervention programs, on or off campus. The purpose of this referral will be to offer the student an opportunity to understand and address aspects of personal decision- making (e.g., alcohol and substance use) and/or behavior (e.g., expression of anger, hostile behavior).
f. Parent/Guardian Contact - Students will arrange a contact or conference with their parents or guardians and a designated staff member by a specific date and in a specific manner.
g. Residence Hall Separation - Separation may be permanent or for a specific period of time and separation prohibits access to any campus residence building and/or area outside buildings. Visitation is not permitted unless approved in writing by the Dean of Students Office.
h. Withdrawal of Recognition/Dissolution - Student groups may be disbanded and College recognition withdrawn for a specific time period or permanently. Further, disciplinary action taken against a student group leader or leaders may result in that organization receiving judicial sanctions involving loss of recognition and/or privileges.
NOTE: One part of the College's compliance with the 1989 Drug Free School and Campuses Regulations (Drug‑Free Schools and Communities Act, Public Law 101‑226) and the policies of the Massachusetts Department of Higher Education is to set alcohol and illegal drug conduct code standards. In response to findings of code violations, the College will typically apply a minimum mandatory sanction. In general, the below listed sanctions and disciplinary conditions are employed. As minimum and mandatory these sanctions are aimed to provide an opportunity to examine one's choices in light of complying with College standards as well as the Federal and State mandates and serve as a deterrent to future violations.
The first alcohol violation typically results in General Probation I and/or College Probation, parental contact, participation in an alcohol education web based educational program and two weekend separations from residence areas. Community service may be assigned. Non-resident students are banned from residence areas for at least two weekends. A fee is required as part of this sanction.
A second alcohol violation typically results in General Probation II and/or Disciplinary Probation, parental contact, a referral for an individual educational intervention and four (4) weekend separations. Community service may be assigned. Non-resident students are banned from residence areas for at least four (4) weekends. A fee is required as part of this sanction.
A third alcohol violation following successive discipline would typically result in College suspension or dismissal.
Acts of vandalism, physically abusive behavior towards self and/or others, disruption, possession of a keg, damage and other behaviors of the sort, elevate the degree of seriousness of an incident and, therefore, warrant additional disciplinary action as appropriate.
F. Inappropriate Behaviors That Will Not Be Tolerated
The following is a partial, not extensive list of inappropriate behaviors which will lead to the student's suspension or dismissal from the College once a determination of responsibility has been made. While not an exhaustive listing, students should use this list as a general reference. Immediate interim suspension will occur whenever the accused student's behavior is judged as a compromise to safety.
Acts against persons, including, but not limited to:
- Hate crimes
- Murder
- Physical assault
- Stalking
Acts against property, including, but not limited to:
- Arson
- Destruction of property including electronic property medium
- Illegal occupation of a building
- Possession or discharge of illegal weapons
- Illegal alcohol or drug distribution
Jeopardizing the safety of self and/or lives of others, including, but not limited to:
- Creating or false reporting of bombs
- Hazing
- Inciting a riot
- Resisting arrest
- Tampering with fire or safety equipment including pulling a false fire alarm
- Driving under the influence of alcohol or drugs
- Third offense involving alcohol following progressive discipline for the first two offenses
- Possession and/or use of illegal drugs
G. Interim Suspension
Interim suspension may only be taken by the President or a designee in situations where, in the opinion of the President or the designee of the President, the continued presence of the student in question constitutes a danger to himself/herself or others, or to College property or to the orderly functioning of the College. This sanction may be imposed immediately and will have the effect of terminating the enrollment of the student until a time when a more complete hearing can be provided. If this sanction is imposed, the student is required to leave campus and campus residence immediately. However, whenever this action is employed, a hearing will be offered to the affected student with the Assistant Dean of Students or designee within forty eight hours of the imposition of the interim suspension to review the appropriateness and duration of the interim suspension. The hearing is scheduled for discussion on only the following issues: the reliability of the information concerning the student's conduct, including the matter of his/her identity and, whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on the campus poses a substantial and immediate threat to himself or herself or to others, or the stability and the continuance of normal College functions.
H. Disciplinary Records 1. Records of disciplinary cases are maintained in the Student Affairs Office. Generally such records are maintained until three years after the actual or intended date of graduation of the student in question, whichever date comes closest to the actual time when the student leaves the College. These records are treated as private within the provisions of the "Family Education Rights and Privacy Act" and the "Sexual Assault Victim's Bill of Rights." However, in cases where the sanction given to a student is disciplinary probation, suspension or dismissal, then necessary academic and administrative offices are notified of the change of status of the student. Also, other offices are notified when it involves specific services. Suspension and dismissal records are maintained indefinitely by the college.
NOTE: Nothing in the provisions of this or other policies prohibits the Student Affairs Office from reporting generic information about any disciplinary matter including summary data on all disciplinary cases or general references about a particular case such as releasing to representatives of the news media that, "The College Judicial Board, at its regular weekly meeting, found one student responsible of committing an assault and battery against another student and has placed that student on College Suspension for one year."
2. Students wishing to review their disciplinary records may do so by making a request to the Student Affairs Office. Records will be made available seven (7) days from the date of request. Students may also have copies made of their own records at their own expense.
3. Students who believe that their disciplinary records contain information that is inaccurate, misleading, or otherwise in violation of their privacy or other rights, should follow procedures described in the Family Rights and Privacy Act of 1974 in order to correct them.
I. PROCEDURAL ADVISORS
Procedural Advisors are undergraduate students who have participated in training with members of the Judicial Board and the Dean of Students Office. Before each hearing, the accused student may be given the names of the Advisors so that he/she may contact them to fully understand the hearing and judicial process. Procedural Advisors names are also posted in the Dean of Students Office. The Advisors will not help a student to prepare a defense, but will try to answer any questions regarding the procedure, which is used for the hearings. Procedural Advisors also provide information to students who wish to file a complaint.
Students are reminded of the fact that all charges in a disciplinary case are only allegations until proven to be true. Therefore, students charged with an alleged violation of any college rule are urged to consider their rights to due process.
J. APPEALS
Any student found responsible for a violation of code/policy, etc., by a College hearing agent may appeal this decision. Appeals of decisions reached in Residence Director's hearings must be filed with the Director of Residential Programs & Services or designee. Appeals of Residence Director's hearings must be written/filed using the Residential Programs & Services Appeal form and be filed in Residential Programs & Services within three (3) calendar days after the decision has been reached. The appeal must specify whether the appeal is being made as a result of:
a. excessively harsh discipline level of sanction
b. denial of a fair and reasonable hearing
c. new information is available which could not have been presented in the original hearing.
Appeals in these cases are usually heard by the Director of Residential Programs & Services.
Appeals of decisions reached in Administrative Hearings other than Residence Director's hearings must be filed with the Dean of Students or designee; however, because all facts must be agreed to prior to such a hearing, appeals in these cases may only relate to:
a. alleged procedural errors, or,
b. the severity of the penalty assessed.
Appeals of an Administrative Hearing other than a Residence Director's Hearing must be in writing and delivered to the Dean of Students or designee within seven (7) calendar days after the decision has been made.
Appeals of decisions in Administrative Hearings are typically heard by the Dean of Students or designee.
Appeals of College Judicial Board decisions or Judicial Hearing Officer/ Panel are considered by the Dean of Students or designee. These appeals may be filed in cases when any sanction, except College Dismissal, is the result of the hearing. Such appeals must be written, and be delivered to the Dean of Students Office within seven (7) calendar days following the decision by the Board, officer or panel.
The appeal must specify whether the appeal is being made as a result of:
a. new information, which could not have been presented to the Board/Officer or Panel
b. procedural error(s), and/or,
c. the severity of the penalty assessed.
In the case when a disciplinary hearing, regardless of the source, results in a Dismissal from the College sanction, and an appeal based on the severity of this sanction is sought, the appeal must still be delivered to the Dean of Students Office. However, the Dismissal from the College sanction may be applied only by the College President. Therefore, any appeal concerning the severity of Dismissal from the College will be considered by an appeal agent, which will be appointed by the Board of Trustees.
Note: In cases dealing with sexual harassment and sexual assault, both the complainant and the responsible student may appeal the decision for the reasons stated above in accord with the requirements of Title IX.
