How the Residential Life Disciplinary Process Works

"Documented” is the term used by most people in the university community when they are referring to the process that occurs when a residence hall staff member or any resident witnesses and reports a violation of a university policy. In most cases, when a student is observed violating a university regulation, a residence hall staff member will identify him/herself, communicate which regulation has been violated, and request identification (if they are unfamiliar with the student(s) involved). If you find yourself in such a position, you should remember two things:

1. Don’t panic -- the discipline system is part of the total educational process and is protective of your rights.

2. Always cooperate -- produce your ESU I.D. immediately upon being asked (failure to cooperate will only complicate your situation). The staff member will then fill out an Incident Report on the alleged misconduct. All people in the area will be included on the report, including any off-campus and non-student guests.

The Residential Life staff member will then give the report to the Complex Coordinator, who will in turn notify you of a time and place for a judicial meeting, typically within three (3) days. During this meeting, you will hear the allegations against you, be able to present witnesses on your behalf, and respond to the allegations. Remember to be honest and don’t be afraid to ask questions. After the meeting, you will be notified of the results of the judicial meeting in writing and any sanctions that may apply.

Judicial Meetings before the Complex Coordinator

A judicial meeting before a Complex Coordinator will take place as soon as possible, not to exceed 8 class days, after the initial Incident Report. Admission of any person to the judicial meeting shall be at the discretion of the judicial officer. Any person admitted other than the complainant, the accused and witnesses shall not have the privilege of participating in the hearing, except upon rare occasion as permitted by the judicial officer.

At the time of the judicial meeting, the student will be presented with the evidence of misconduct that has been supplied to the judicial officer. The student will be allowed to present any evidence or witnesses he/she may have on their behalf. After assembling all evidence and discussing the policy violations with the student, the judicial officer will make a determination concerning the validity of the allegations. If the allegations are found to be unsubstantiated, no further action will be taken. If the allegations are found to be substantiated, educational and / or disciplinary sanctions will be made. Any previous incidents of misconduct may be considered at this time. While having no effect on the determination of guilt of the specific incident being heard, this information will be used in determining appropriate sanctions. The student will receive a written notice of the results of the judicial meeting and any sanctions placed upon him/her.

Judicial Meetings Before The Associate Director/Director of Residential Life

Incidents of more severe misconduct, such as, but not limited to, physical assault, weapons, sexual assault, theft and drug related offenses, plus situations involving repeated violations of policy, are referred to the Associate Director of Residential Life or the Director of Residential Life. The student will be notified in writing that he/she is to meet with the Associate Director or Director of Residential Life. Admission of any person to the judicial meeting shall be at the discretion of the judicial officer. Any person admitted other than the complainant, the accused and witnesses shall not have the privilege of participating in the hearing, except upon rare occasion as permitted by the judicial officer.

The student will have the opportunity to present evidence and witnesses in his/her defense. Upon hearing the evidence, the Associate Director or Director of Residential Life will make a determination concerning the validity of the allegations. If the allegations are founded, the Associate Director or Director of Residential Life will impose the appropriate sanction. The Associate Director and Director of Residential Life have the authority to remove a student from the residence halls. The student will be notified of the results of the hearing and any sanctions imposed within three (3) days of the hearing. The only appeal route for decisions made at the Director level is to the student conduct committee.

Disciplinary Sanctions

The purpose of a sanction, in addition to protecting others, is primarily to educate an individual by increasing his/her awareness of the consequences of conduct violations and the importance of responsibility to the university community for one’s actions. This will ordinarily be the guiding force behind imposition of sanctions. In some instances, however, the community’s need to properly function outweighs the university’s ability to educate an individual. In such cases, for the benefit of both the student and the residence community, suspension or banning from the residence halls may result. The following sanctions may be imposed for conduct violations.

Admonition: An oral or written statement to a student that he/she is violating or has violated institution rules. This can also serve as a warning for continued violations.

Restitution: Reimbursement for damage to property. This may take the form of community service or other compensation.

1. Educational Sanction: In accordance with the goal of educating and assisting students with conduct problems, other disciplinary plans may be imposed.
2. Community Service: A service to be performed within the Complex environment, the ESU campus community, or the Emporia community. The service performed and the length of service will vary according to the nature of the violation and the number of related incidents.
3. Referral to Alcohol/Drug Education Classes: If the violation is alcohol or drug related, the student may be referred to Alcohol/Drug Awareness classes, which are offered through the Student Life and Counseling Center.
4. Probation: A written reprimand for violation of specified regulations, including the possibility of more severe disciplinary sanctions in the event of finding a violation of any institution regulation within a subsequent stated period of time not to exceed one calendar year. A student may be removed from the residence halls upon being found guilty of one or more violations of residence hall or university policy, after being placed on probation.
5. Relocation: Reassignment of a student from one particular on-campus living space to another.
6. Restriction of Entry: Removal of the privilege of entering or visiting some or all residence halls. Students relocated or removed from housing may be restricted from that area. Violating this can result in trespassing charges and/or other sanctions.
7. Eviction: Termination of the privilege of a student living on campus. Upon eviction, the university will terminate the contract with the student for the residence hall space and may reimburse, according to university policy on room refunds, the appropriate portion of monies, which the student has paid the university for living space for the balance of the academic year, minus other penalties. Termination of a student’s right of residency is not considered a denial of the individual’s right to an education. Some violations may result in eviction immediately, without the student ever being placed on probation.

Appeals

In the case of extenuating circumstances, an appeal process is in place. However, certain conditions must exist in order for an appeal to be filed: a) the sanction was unduly harsh; b) due process procedures were not followed; c) or new evidence, unavailable at the original hearing, has become available. Intent to appeal a decision of the Complex Coordinator must be made in writing within two (2) class days to the appropriate person, usually the Associate Director of Residential Life. The Associate Director will review the information and coordinate a meeting. A written decision either overturning or upholding the original findings will be issued after this meeting. Any intent to appeal a decision of the Associate Director of Residential Life must be made in writing to the Director of Residential Life within two (2) class days of the receipt of the verbal or written notification of the decision by the Associate Director. The Coordinator of Judicial and Non-Traditional Programs will coordinate a student hearing committee. A written decision either overturning or upholding the original findings will be issued based on the hearing committee.

Confidentiality and Privacy Act/Confidential Information

In 1974, the Family Education Rights and Privacy Act, also known as the “Buckley Amendment” was made official. This act provides students, both currently and formerly enrolled at ESU, the right to inspect and review official records concerning themselves. This person doesn’t possess the right of ownership concerning these records, but may review their contents and challenge their occurrence and validity, if so desired. Official university personnel must supervise the review of these records, and challenges must be directed through the appropriate administrative office.

Your file with the Department of Residential Life is protected by specific guarantees of the privacy law, the university, and individual departments. For information not considered public, you must give written consent that other parties may view information. For another party to view your records, that party must have a legitimate need to know, which must be verified by the university, and your written permission. For the specific information and details pertaining to the law and procedures, inquire in the Vice President for Student Affairs Office.

All records concerning Residential Life judicial actions are confidential. Two copies of these records are kept one in the office of the Complex Coordinator and one in the Department of Residential Life. These records are kept separate from all other records and are not accessible to persons outside of the Department of Residential Life.

 

Last Updated May 1, 2007