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Judicial Process

Community Standards
Overview
Judicial Process
Standards of Proof
Sanctions
Fines
Definitions
Appeal Process
Summary

CONDUCT PROCEDURES & COMMUNITY STANDARDS

This information is for the benefit of all students affiliated with the Porter College Community. These community standards are in place to create a safe, positive and productive academic living environment for all students who choose to live in the Porter Residence Halls. Additionally, all non-residents who visit the residential facilities are expected to abide by these policies while visiting. Many of these policies also govern the common areas of the college. It is important to note that these policies were developed by your fellow students, the Porter Senate, and the college staff.

It is the College's expectation and a condition of the student housing contract that you adhere to the policies which are outlined in this section. Violations of any of the policies outlined below; federal, state and local policies, and/or university and housing policies and all violations of the housing contract; will result in university judicial action and, when appropriate, concurrent criminal action. Should you have any questions about this information, we invite you to speak with one of the Coordinators for Residential Education or the Assistant College Administrative Officer.

JUDICIAL PROCESS OVERVIEW

Porter College adjudicates disciplinary violations in accordance with the University Rule Book. The flow chart below describes our judicial process:

JUDICIAL PROCESS

Porter College staff members take an educational approach to the judicial process. They seek to educate students about the importance of following community standards and college policies. The educational process includes explaining expectations of student conduct and the reasons why these policies and procedures exist so that students will be aware of the repercussions of their actions.

Professional and student staff, including Proctors, Resident Advisors (RA), and Coordinators for Residential Education (CRE), work together to teach and model the standards of behavior. For students living on campus, the residential staff is the main component of the student conduct process. Off-campus students will generally interact with the Proctors and the Assistant CAO for Student Life or Special Assistant to the CAO in cases of conduct.

Our judicial process is a cumulative one. This means when a student is involved in a policy violation, all previous violations and judicial interactions are taken into account when determining the sanctions, or outcomes of the situation. Repeated violations of community standards may lead to cancellation of a student¡s housing contract, exclusion from the college, warnings, suspension or dismissal from the University.

STANDARDS OF PROOF

It is important to remember that the University is not a court of law. Unlike the criminal justice system, we do not have to determine responsibility for a policy violation ”beyond a reasonable doubt”. Instead, college officials utilize what is called preponderance of evidence when adjudicating a possible violation of college or university policy. This means that the adjudicating officer will consider all of the information and evidence available regarding a reported incident and decide what the most probable course of events were, based on this information.

SANCTIONS

In concurrence with the student conduct process, students found responsible for violations of community standards will be placed at a disciplinary level in the conduct system and may be required to fulfill an educational sanction and/or pay monetary restitution. Sanctions are intended to educate students about the rationale behind the community standard they violated and to encourage them to think about the possible consequences of their actions before repeating a policy violation. Sanctions range from a simple warning letter to removal from the University. Philosophically, we follow a policy of using educational sanctions. Educational sanctions can include anything from attending an Alcohol and Other Drug workshop or assessment, to creating and administering a survey or assisting college staff in planning an event or program that benefits the Porter community.

FINES

There are some cases in which monetary restitution is a necessary part of one¡s sanction. Charges will be assessed for any vandalism or damage caused to university or personal property. In addition, some violations will result in a punitive fine (i.e. tampering with fire equipment, skateboarding, excessive lockouts, etc.).

JUDICIAL PROCESS DEFINITIONS

Initial Documentation:
Any student, staff or faculty member can submit documentation of a concern or a violation of College or University policy to the Porter Housing Office. This is generally done in the form of an incident report.

Fact Finding:
An Adjudicating Officer, usually your Coordinator for Residential Education, will then proceed with determining finding of fact. This may include meetings with any student, staff or faculty involved in the incident. Additional people may be contacted if information outside the scope of the adjudicating officer is needed (e.g., contacting CATS or ResNet for computer violations).

Decision:
From the information available and using Preponderance of Evidence, a determination will be made as to whether or not a person is responsible for a policy violation. A resolution will be sent by the adjudicating officer detailing their decision and the sanctions and disciplinary level assigned to the student.

Responsible:
If a student is found responsible, then the she/he will be placed on one of the University and/or Housing disciplinary levels and given educational sanctions to fulfill. When a student is found responsible, she/he may choose to appeal this decision in accordance with the appeal process.

Not Responsible:
If the student is found not responsible for a violation of policy, the case is closed. Accept: If the student chooses to accept the decision, the case is closed.

Appeal:
If the student appeals, the case will be reviewed by the Appeal Officer, usually the Assistant College Administrative Officer for Student Life. The Appeals Officer will hear the appeal and may choose to uphold the decision, alter the sanction or dismiss the case entirely.

APPEAL PROCESS

A student may choose to appeal a decision made by an adjudicating officer. The appeal must be received by the Appeal Officer designated in the student¡s resolution letter in written form within five days of receiving the decision. The reasons for appeal must be based on the following:

1. There is sufficient evidence which contradicts the finding(s) of violation of University or College policies.
2. There is additional evidence which could not be considered at the time of the initial hearing and which is likely to change the decision.
3. There was not procedural fairness at the initial hearing.
4. The sanction given was inappropriate given the findings of fact.
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SUMMARY

This overview of the judicial process is provided so that you have a clear understanding of how the process works and your rights and responsibilities within our judicial system. However, keep in mind that this process is very fluid. Factors affecting the outcome of the process may include but are not limited to the severity of the violation, the amount of cooperation given to the reporting staff member, or the willingness of the student to accept responsibility for their actions. The range of sanction levels include administrative resolution, warning, censure, or disciplinary probation. Depending on the severity of a violation, students may be asked to leave university housing on a first offense. The judicial process is designed to be flexible but this flexibility does not take away the student¡s right to due process. Students will be given written notification of alleged violations prior to a meeting with the adjudicating officer and have the opportunity to share their information regarding the reported violation. They also have the right to appeal the decision and/or the assigned sanctions. All conduct records will be kept on file at the Porter Housing Office. Those violations resulting in a disciplinary level above administrative resolution are also on file at the Office of Student Judicial Affairs.