Disciplinary Process

CONDUCT OVERVIEW

Being a member of the Mount Aloysius student body is a privilege and not a right. As in every community, there are certain rules and regulations that must be upheld. Respect for the rights and property of others and respect for all individuals is the responsibility of all. Only in such a community of responsible persons can an atmosphere be established that supports living and learning in a productive and mutually supportive way. Any student who fails to support the mission and objectives of the Mount Aloysius community forfeits his/her right to continued membership in it. The College reserves the right to dismiss any student whose conduct is detrimental to or in conflict with the philosophy and objectives of Mount Aloysius.  

REPORTING AN INCIDENT

Any person may report an alleged violation of College rules, regulations, or policies to a member of the Residence Life Staff, the Dean of Student Affairs, the Assistant Dean of Student Affairs or the Security Department. The incident is documented on an Incident Communication Form which should include all of the following information.

• Date, time and location of incident.

• Nature of incident.

• Individual(s) involved.

• Witnesses

• Description of incident.

• Immediate action taken.

• Signature of person filing the report and the date.

LEVEL ONE: HEARING PROCESS

The Director of Residence Life or his/her representative conducts a hearing with each student who is allegedly involved in a violation of College rules, regulations or policies. The hearing procedures are as follows:

• The student will be notified that his/her name is mentioned on an incident report.

• A hearing occurs with the student to discuss and review the incident report.

• The specific violations are summarized and presented to the student on a Judicial Record Form and the student is given the opportunity to admit violation of college rules, regulations or policies, or to deny any violation.

• If the student admits to the violation, sanctions are immediately issued.

• If the student is believed to be responsible for a violation by the hearing officer and denies any violation, a full judicial hearing is scheduled.

• If, in the judgment of the hearing officer, the violation which is reported is more serious in nature, a full judicial hearing may be immediately scheduled.

In situations where allegations are significant in nature, at the discretion of the Vice President for Student Affairs, the case may be moved to the pre-board review level to commence a judicial board action.

LEVEL TWO: JUDICIAL BOARD HEARING PROCESS 

Pre-Board Review

The Assistant Dean of Student Affairs or his/her designee will offer the opportunity to meet with the accused student to explain the judicial process as well as the student's rights and responsibilities. The role of the pre-board review is not to determine accountability or responsibility, but to assist the student in understanding the judicial board hearing process and gather information. Should the student choose not to meet with the Assistant Dean of Student Affairs or his/her designee, the accused student is still responsible for participating in the judicial board hearing. Judicial Board hearings will be held even if the student chooses not to attend. As part of the pre-board review, the following processes occur or information is discussed:

• The Hearing Officer (Assistant Dean of Student Affairs) schedules a pre-board review to meet with the students accused with the alleged violation and presents a verbal synopsis of the charges.

• The student has a maximum of two school days from presentation of charges to submit in writing the names of any witnesses (subject to the Hearing Officer's determination of relevance to his/her case) and prepare a case. One character witness from the College community may address the Board. It is the student's responsibility to notify all approved witnesses as to date, time and location of hearing.

• Any student accused of any violation may be accompanied in his/her hearing by a Mount Aloysius faculty member, administrator or student whose role will be advisory in nature. This person is not permitted to address the board or act as a representative for the charged student. Parents, advisors or legal counsel from outside the Mount Aloysius community may not be present at any hearing; however, they may assist the student during the pre-board review process. (Note: Residence Life Staff members cannot provide representation.)

• The accused student is notified of the date, time, and location of the board hearing.

• At the board hearing the accused has the opportunity to ask questions of the person initiating the charges or of witnesses in the case. In cases of sexual assault or other violations of a highly sensitive nature, every effort will be taken to allow both the accused and the accuser the right to question without direct visual contact during the hearing.

• After the hearing, the Hearing Officer presents the Board’s findings to the Vice President for Student Affairs or designee. The Vice President for Student Affairs or designee sends written notification of the results of the hearing to the student within three school days of conclusion of the hearing.

A judicial hearing is an internal review of possible violation(s) of College rules and regulations. Its purpose is to determine, based upon the preponderance of evidence, if violations have occurred and to assign sanctions which have as their purpose an educational and reconciliatory function. If, in the judgment of the Hearing Board, a student (because of multiple or serious violations, uncooperative attitude, etc.) is not upholding the philosophy and objectives of the College, the student may be dismissed from Mount Aloysius.)

The membership of the judicial board consists of students, faculty and administrators. The Assistant Dean of Student Affairs serves as the Hearing Officer and, as such, presides over the hearing. The Assistant Dean of Student Affairs also serves as a resource to the Hearing Board and oversees the deliberation process.

The Hearing Officer reviews the case with the Hearing Board, introduces witnesses, directs the proceeding, makes certain that all relevant materials are reviewed, that non-relevant material is not introduced and that both the accused and the accuser have ample opportunity to present the facts of the incident as they perceive them to the Board members.

The Hearing Board reviews the case with the Hearing Officer and questions the student brought before the Board as well as any witnesses. The Board then discusses the case, including all testimony, in private. Specific violations are determined along with a recommendation for sanctions or that no violation occurred. The Board need not be unanimous in its vote; however, a majority must concur. The Hearing Officer presents the recommendation of the Board to the Vice President for Student Affairs. The Vice President for Student Affairs or designee will notify the student of the final outcome within three school days. All proceedings and results of the Board's deliberations are confidential.

LEVEL THREE: APPEAL PROCESS

A student who wishes to appeal the recommendation(s) of the Hearing Officer and/or Hearing Board must submit a written request for an appeal within five school days of the notification of the results of the hearing. The student must address one of the points listed below as grounds for appeal. The request must be directed to the Vice President for Student Affairs. The grounds for an appeal are as follows: 

• That the regulations for filing disciplinary charges or the hearing process were not followed.
• That available, relevant evidence was not reviewed.

The Vice President for Student Affairs or the appointed Appeal Officer will review the record of the proceedings. If, in the appeal, it is determined that new evidence exists or some other reason is present to consider additional evidence, or if proper procedures were not followed, the matter can be returned to the Hearing Officer and Judicial Board for further deliberation.

The Vice President for Student Affairs can accept the decision of the initial hearing, or refer the case back to the Hearing Board. The decision of the Vice President for Student Affairs is final except in cases of dismissal. A student dismissed from the College may, in addition, appeal to the President.