ࡱ> sur#` vgbjbj5G5G 8|W-W-M_&8 <k/Rh"i i i ///////U0h2t/t+e i t+t+/%/...t+8/.t+/...F `J,6..$;/0k/.13-13..&13.@i $.&(i i i //&.^i i i k/t+t+t+t+  COMMITTEE ON STANDARDS  INCLUDEPICTURE "http://www.alum.dartmouth.org/clubs/midwest/dartlogo.gif" \* MERGEFORMATINET  UNDERGRADUATE JUDICIAL PROCEDURES AT DARTMOUTH COLLEGE CONTENTS Introduction 2 What is the COS? 3 Why the COS? 4 What are Standards of Conduct? 4 What happens if I violate a Standard? 5 What is the process? 5 Can I appeal? 10 Does all this happen publicly? Who will find out? 11 How often does this really happen? 12 What should I do if I receive a letter of allegation? 12 What if I have information about a possible violation by somebody else? 13 Notes 14 Resources 14 INTRODUCTION This brochure outlines the operation of the Colleges disciplinary system. The structure of the system and the provisions of the Standards of Conduct are described in the green pages of the current undergraduate Student Handbook and accessible at www.dartmouth.edu/~uja. As you read and think about this information, please keep two points in mind: The purpose of establishing and upholding Standards of Conduct is not simply to prohibit unacceptable behavior and to sanction violations of regulations. All communities, including academic communities like Dartmouth, must articulate standards of conduct. They enable us to educate people about acceptable and unacceptable behavior, to protect members of the community from unwarranted interference or harm, to hold individuals and groups responsible for their actions, and to cultivate an environment conducive to the achievement of the community's purposes in this case, the purpose of learning. In other words, standards of conduct and disciplinary systems exist to preserve and enforce the values of a community. Second, Dartmouths undergraduate disciplinary system is not intended to address every social ill or every grievance one member of the community may have against another. There are many behaviors that most members of the community would find rude, disrespectful or obnoxious that violate no College regulation and, therefore, are not adjudicable under the disciplinary system. The fact that many behaviors are not adjudicable does not mean that the College does not take them seriously or fails to appreciate their negative impact on individuals or on the community. Perhaps the most important guide to conduct that the College has the Principle of Community is itself not adjudicable: The life and work of a Dartmouth student should be based on integrity, responsibility and consideration. In all activities each student is expected to be sensitive to and respectful of the rights and interests of others and to be personally honest. He or she should be appreciative of the diversity of the community as providing an opportunity for learning and moral growth. (Student Handbook) A formal disciplinary process is not the most effective, nor perhaps most appropriate, instrument for sanctioning violations of the expectations addressed in the Principle of Community. Less formal community initiated responses, such as civil expressions of disapproval, often accomplish more and certainly parallel the aspirations of an academic community. We realize the educational power of exchanging ideas through open discussion and debate. One final note: The Standards of Conduct may appear to be quite regulatory, and the disciplinary system quite complex. The rationale behind Dartmouths conduct system is to provide students with specific behavioral expectations. The language used is intentionally general in order to permit reasonable interpretation by the faculty, students, and administrators responsible for implementing the system. There are adequate procedural safeguards in the system to protect the rights and interests of students and the broader College community. WHAT IS THE COS? The Committee on Standards (COS) is a standing committee of the Faculty of Arts and Sciences. COS hearing panels are composed of faculty members, presidential appointees (usually administrators), upperclass students, and the Dean of the College or his/her designee (as the non-voting Chair). A quorum consists of two faculty, one administrator and two students. Under a formal delegation from the Trustees of the College in 1987, the Dean of the College and the COS are responsible for the promulgation, revision, and enforcement of rules concerning the undergraduate disciplinary system for individual members of the community. In addition to its responsibility to monitor the academic performance of undergraduates each term, the Committee meets as needed during each term to hear and decide cases involving Dartmouths Academic Honor Principle* and serious violations of the Standards of Conduct by undergraduates. Deans support the COS by hearing those cases that are unlikely to result in Suspension or Separation, as well as those Suspension-level cases where students admit the charges against them and wish to forego a full committee hearing. *Space limitations prevent a full discussion of the Academic Honor Principle here. For more information, see the undergraduate Student Handbook or the brochure entitled The Academic Honor Principle available in the Deans Office. WHY THE COS? Many colleges and universities, including Dartmouth, have concluded that decisions involving the possible removal of students from campus because of misconduct ordinarily should be made by a group of the communitys duly elected and/or appointed representatives. Dartmouth has used a committee composed of faculty, students and administrators for over thirty years. WHAT ARE THE STANDARDS OF CONDUCT? The Standards of Conduct, which can be found in their entirety in the green pages of the current undergraduate Student Handbook, set forth behaviors that may result in disciplinary action at Dartmouth. They have been developed over time to regulate behavior by members of the Dartmouth community and are not intended to mirror provisions of either state or federal criminal laws. The concerns of the College in regulating the behavior of members of its community are often quite distinct from concerns that result in the development of federal, state and local laws. Undergraduates enrolled at Dartmouth are expected to be familiar with these College rules and the consequences that may result from their violation. Dartmouth will determine on a case-by-case basis whether the Colleges interest in going forward with disciplinary proceedings, before any related criminal proceedings are concluded, outweighs other interests. WHAT HAPPENS IF I VIOLATE A STANDARD? If, after notice of an alleged offense and an opportunity to be heard, a student is found responsible for a violation, one of the following may occur: Reprimand. The student may receive a deans letter of reprimand, a copy of which will be placed in his or her permanent file in the Deans Office. Reprimands are issued for instances of minor misconduct. They are not reflected on the students transcript and are not reported to graduate schools, employers, or others making appropriate inquiries concerning the students record at Dartmouth. However, reprimands may be considered in future allegations, potential level of penalty, and actual sanctioning decisions at the College if the student engages in additional misconduct. Reprimands may have conditions attached, such as restitution for damage or participation in an alcohol education program. College Discipline. The student may be placed on College Discipline, which is similar to what other schools describe as disciplinary probation. The student will not be required to leave the College community, but may be restricted as to the kinds of activities in which he or she may participate during the period of discipline (e.g., participation in extracurricular activities, including athletics, or operation of a motor vehicle on campus). Depending on circumstances, the student may also be expected to fulfill certain conditions, such as performing community service or undergoing a professional assessment to determine whether he or she is in need of special medical or other assistance. If a student is placed on College Discipline, a copy of the sanction letter is placed in his or her permanent file in the Deans Office. The sanction is noted as formal disciplinary action and is reportable to graduate schools, employers, or others making appropriate inquiries concerning a students record. Suspension. The student may be asked to leave the College community for a specified period of time. During this period, the student may not return to campus to attend events or visit without permission from his/her class dean. It may mean that the student loses an enrolled term without completing it, foregoes enrollment in future terms, or both. It may also mean the students departure from Dartmouth will be required in as few as 48 hours from the time he or she is notified of the decision. Suspension is noted on the students transcript while the period of Suspension is in force, and a copy of the suspension letter is placed in the students permanent Deans Office file. As with College Discipline, the sanction is noted as formal disciplinary action and is reportable to graduate schools, employers, or others making appropriate inquiries concerning a students record. Readmission after suspension is not automatic; at the end of the suspension period the student is required to submit a formal readmission application to the Deans Office. A student who has been suspended and readmitted after proper application may nevertheless be unable to enroll in a particular term because of registrarial and housing considerations. Separation. If a violation was sufficiently egregious or occurred following other sanctioned misconduct, the student may be permanently removed from the College community. It may mean the students departure from Dartmouth in as few as 48 hours from the time he or she is notified of the decision. Separation is recorded on the students permanent transcript and in his or her permanent Deans Office file. The sanction is noted as formal disciplinary action and is reportable to graduate schools, employers, or others making appropriate inquiries concerning a students record. Students separated from Dartmouth College are not ordinarily eligible for readmission. Special Action. The list above is not exhaustive. The deans and the COS are empowered to use their discretion to take other action appropriate to particular circumstances and to design and implement particular sanctions to fit individual cases. Sanctions are imposed on a case-by-case basis and are not automatically fixed by the nature of the violation. The particular facts and circumstances of each case, as well as a students previous disciplinary history and disciplinary case precedents, are among the factors that may be considered. WHAT IS THE PROCESS? Dartmouth is a private educational institution. As such, the law does not require or expect it to provide those constitutional protections that are imposed upon governments or litigants in criminal or civil proceedings. Behavioral conditions imposed on the privilege of attending a private college or university, the violation of which at worst may result in loss of the privilege of membership in the community, are not subject to the constitutional mandates that govern proceedings that may result in imprisonment. Courts across the country have recognized that disciplinary proceedings within a private college community, as well as those in other private settings, are necessarily administrative and informal in nature. Administrative proceedings do not, for example, carry the burden of such features of the criminal system as proof beyond reasonable doubt, unanimous jury verdicts, compulsory participation under the power of subpoena, or independent appellate procedures. They also do not require application of court rules of criminal and civil procedure and formal rules of evidence (such as the hearsay rule). What they do impose is a basic standard of fundamental fairness most frequently expressed as an expectation that a disciplinary decision not be arbitrary and capricious. Beyond the minimal technical requirements that a college provide notice of an alleged offense and offer the student an opportunity to be heard before a decision is rendered, specific college disciplinary procedures are not dictated by law. Instead, individual private institutions have the authority to develop the structures and terms of their own disciplinary systems. The terms and procedures applicable to Dartmouths own undergraduate disciplinary system are contained in the green pages of the current undergraduate Student Handbook. As the green pages indicate, students receive written notification of an alleged infraction and are given an opportunity to be heard before responsibility for a possible violation is determined and one of the sanctions set forth above may be imposed. Such opportunities to be heard are an informal opportunity for the student and the person or committee hearing the case to discuss the facts and circumstances of the case. Under the current system, either a dean hears the case (if the likely sanction is no greater than College Discipline or if a Suspension-level or Separation-level allegation is admitted), or it may be heard at the COS. If finding a student responsible for a violation might result in the imposition of College Discipline or a more serious sanction, a student will receive a formal letter of allegation containing copies of the evidence available as of the date of the letter. The forum for the hearing (dean or COS) is then determined based on the nature of the allegation, the severity of the likely penalty upon a finding of responsibility, and, in some cases, the students response to the allegation. An opportunity to be heard by a dean typically involves a one-on-one meeting in the deans office to discuss the allegation, review the relevant facts and surrounding circumstances, and consider any available and relevant documentary evidence. A COS hearing typically involves a dialogue between the accused student and the various members of the COS panel regarding the relevant facts and circumstances, review of relevant documentary evidence and (where appropriate) testimony of willing and available witnesses. The rights and rules specifically applicable to disciplinary hearings before the COS are set forth in the Guidelines for COS Hearings section of the undergraduate Student Handbook. Among other things, they include: The recognition that formal rules of evidence applicable in court (e.g., the hearsay rule) do not apply in private college disciplinary hearings. As with other kinds of administrative proceedings, the COS may consider any evidence it considers to be trustworthy and to have probative value whether submitted in support of the allegation or in defense of the student. Questions involving the relevance and admissibility of particular items of evidence are resolved by the Chair. The acknowledgment that neither the COS nor the accused student has the power to require the production of evidence or the testimony of witnesses. The COS continues to believe that requiring students to provide evidence either in support of or against their peers would be undesirable in this community. The students opportunity to choose an advisor to be present to support him or her at the hearing. The advisor, whose primary responsibility is to assist the student in preparing for his or her appearance before the COS, does not play a prominent role in the hearing. Although the advisor at the hearing must be a current member of the College community (and is frequently a class dean), a student is, of course, free to consult whomever he or she wishes outside of the hearing room. The establishment of the preponderance of the evidence standard for findings of responsibility for violations. This standard, which is typically applicable in administrative proceedings and civil trials (i.e., those which do not involve criminal violations) requires that the decision maker conclude that the available evidence shows that it is more likely than not that the accused student committed the alleged violation. A common example used to describe the application of this standard is that of the scales of justice: if two findings in this context innocence and guilt are equally likely, the standard has not been satisfied; if the scales tip even slightly beyond the 50/50 point in support of the conclusion that the person accused committed the violation alleged, the decision maker may return a finding against the student accused. Such decisions by the COS must be by vote of a majority of the COS hearing panel, excluding the non-voting Chair. The requirement that any member of the COS, including the Chair, who believes that he or she may be unable to render an impartial decision in a particular case must excuse himself or herself from serving on that case. The COS itself may remove a member if it believes that member may be unable to render an impartial decision. A student concerned about a members possible lack of impartiality may raise his or her specific concerns with the Chair in the form of a written submission including any available supporting materials. Because Dartmouth is a small, private community, lack of impartiality must be demonstrated by something more than mere knowledge of or previous contact with those involved in the disciplinary process or an awareness of the existence of a case or controversy. The provision for recording the hearing. Audiotapes are routinely made of COS evidentiary hearings, copies of which ordinarily may be obtained by the accused student. Due to the expense, audiotapes are not ordinarily transcribed. CAN I APPEAL? The green pages of the undergraduate Student Handbook do not provide for appeal to an authority outside of the deans or the COS. Instead, they set forth a request for reconsideration process. This process permits a student found responsible for a violation to request that the decision maker in his or her case reconsider the decision on one or both of two limited grounds: either that (1) a procedural error occurred that materially prejudiced the students case or (2) new evidence has become available since the decision was rendered that would likely have changed the outcome of the proceeding with respect to the finding or the sanction imposed. If the decision maker declines to reconsider, the decision stands, and the student has no further recourse. If the request is granted, the case is either reheard or the decision reexamined in light of the new evidence presented. DOES ALL THIS HAPPEN IN PUBLIC? WHO WILL FIND OUT? Deans hearings are not open to the public. COS hearings may be open to observers from the current Dartmouth community if the accused student does not request that the hearing be closed and if the Chair does not direct that the hearing be closed in order to protect the privacy of the individuals appearing before the Committee. While the evidence presented in a disciplinary hearing is not ordinarily provided to anyone other than the participants, the green pages of the undergraduate Student Handbook do provide that decisions of the deans and the COS may be revealed to authorized College personnel and, in appropriate circumstances, to the complainant and the accused students parents. The Handbook also provides that the deans or the COS (through its chair) may comment publicly about decisions (protecting the anonymity of the students involved where possible and appropriate), if doing so would serve the best interests of the community. These provisions, of course, do not and cannot control discussion of an incident or disciplinary case generated outside of the Deans Office or the COS. Individual COS members keep confidential all information that comes to them in the course of a COS hearing. HOW OFTEN DOES ANY OF THIS REALLY HAPPEN? During the 2005-2006 academic year, 123 students received Reprimands and 89 students were placed on some form of College Discipline. (More than half of these sanctions resulted in whole or in part from violations of the Alcohol Policy.) Over the same period, fifteen students were suspended for Standards of Conduct violations. Fifteen students were suspended for violations of the Academic Honor Principle. WHAT SHOULD I DO IF I RECEIVE A LETTER OF ALLEGATION? Read the green pages of the current undergraduate Student Handbook. Know your rights and responsibilities. If you have questions about specific provisions as they may apply to your case, ask them. See the Undergraduate Judicial Affairs Officer (UJAO) or your class dean for help. Stay in close touch with the UJAO to keep yourself informed of developments in your case. The class deans can also help you and your advisor prepare for your hearing. Consult those you can trust. Consider talking to a friend, your undergraduate advisor (UGA), your advisor, your dean, your family, or others who can provide advice and support. If you want to try to protect your privacy, be careful where you speak things travel quickly (and usually inaccurately) when overheard in a lounge, the dining hall, or on the street. Be very careful with what you put on BlitzMail and to whom you send it. It may be best not to discuss your situation on BlitzMail at all. Keep up with your studies. Dont make a difficult situation worse by getting behind in your work because you are worrying about what may happen. Let your professors or class dean know if youre having trouble. WHAT IF I HAVE INFORMATION ABOUT A POSSIBLE VIOLATION BY SOMEBODY ELSE? The Standards of Conduct require that you respond when requested to meet with the UJAO or a dean in connection with a disciplinary matter; they do not require that you provide specific information regarding a possible violation. If you have information regarding a possible violation of the Academic Honor Principle, you are required to take some action. The action appropriate to the circumstances is left to your discretion. Whether your information pertains to a Standard of Conduct or an Academic Honor Principle violation, the decision to file a formal complaint or witness statement is currently left to your best judgment. When deciding what to do, you should consider your responsibility to the College community and whether withholding your information puts others at risk of repeated misconduct that continues unaddressed. NOTE: Once a formal complaint is filed, the complainant does not control the disciplinary process or outcome. A student may file a complaint and, if in the judgment of College officials there is insufficient evidence, College officials may decide not to pursue the complaint. Speak to a Safety and Security Officer, your class dean, the professor (if you suspect an Academic Honor Principle violation), or the UJAO. If you decide to participate in the process, they can help you file a formal complaint or witness statement. They can also help you prepare for your role in the disciplinary process. NOTES The basic information provided above is necessarily limited and abridged. This brochure is not intended as a substitute for the green pages of the current undergraduate Student Handbook, which contain the complete description of the rules, structure, and operation of the undergraduate disciplinary system at Dartmouth. In the event there is an inconsistency between this brochure and the green pages, the green pages prevail. For information on the judicial procedures of the graduate and professional schools, see the appropriate deans office. [For information on group adjudication procedures, contact the Undergraduate Judicial Affairs Officer or the administrator/director of the sponsoring office or department.] FOR MORE INFORMATION: www.dartmouth.edu/~uja The Academic Honor Principle and Sources: Their Use and Acknowledgement (available in the Deans Office). The Dartmouth College Alcohol Handbook. 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