University Judicial Procedures

The University judicial system shall respond to complaints concerning the infringement of student rights and alleged violations of the Code of Student Conduct by students or student groups. Students who do not wish to bring a complaint to the University judicial system may attempt to resolve the matter informally with the assistance of the affirmative-action officer, a campus mediator, a member of the Dean of Students staff, a faculty member, counselor, peer helper, or a member of the University Police.

Invocation of Judicial Action

Any member of the Clark community may initiate the University's judicial process. For this to occur, a complaint must be submitted to the Dean of Students Office, in writing, alleging that an undergraduate student was responsible for one or more specific violations of the Code of Student Conduct. The University may, at its discretion, initiate the University's judicial process on its own behalf or on behalf of other persons.

Administrative Disposition and the University Judicial Board

A complaint that involves a possible violation of the Code of Student Conduct may be handled by the Dean of Students, the Dean's designee, or the University Judicial Board (UJB). The University reserves the right to refer cases to civil or criminal authorities for action, rather than resolve the case through the University judicial procedures. The University's judicial process follows procedures of “fair practice.” Fair practice is defined as:

• a member of the judicial staff will determine if judicial action is warranted based on initial information provided by the complainant.
• if judicial action is warranted following that review, a member of the judicial staff will consult with the respondent in a pre-hearing interview to hear information about the incident from his/her perspective. If sufficient information exists to proceed with judicial action, the judicial staff member will inform the respondent in that pre-hearing interview and the respondent will determine whether s/he wishes to accept responsibility for the alleged violation(s) of the Code of Student Conduct.
• where the student accepts responsibility for the alleged violation, a staff member will conduct an Administrative Disposition, and determine what sanction, if any, is appropriate. The student may choose to waive his/her Administrative Disposition, in which case the staff member will decide what sanction, if any, is appropriate.
• where the student denies responsibility for the alleged violation, the staff member will ordinarily refer the matter to the UJB chair for resolution by either a full board hearing or a simplified board hearing. For cases in which a sanction of removal from University housing, suspension, or expulsion is a possibility, the resolution will generally be made by a full board hearing. A student named in a complaint may request a full board hearing, which the University will make every possible effort to grant.
• if a board hearing is deemed appropri­ate, the staff member conducting the pre-hearing interview will not participate in the judicial board hearing.
• both the complainant and the respondent will have the right of appeal.

Administrative Disposition

At an Administrative Disposition, the student is given the opportunity to explain all circumstances relevant to the violation of the Code of Student Conduct for which s/he has taken responsibility. A short period after the Administrative Disposition takes place, the administrator conducting the disposition will recommend to the Dean, or Dean's designee, a judicial sanction, if one is deemed appropriate. The Dean, or Dean's, designee may approve the recommendation or impose a different sanction. The final decision will be shared in writing and will be delivered to the student's campus mailbox. Upon the issuance of an Administrative Disposition sanction, a complainant will be notified that the respondent has accepted responsibility for violating the Code of Student Conduct and that s/he has been sanctioned. Additionally, the complainant will be informed of any portion of a sanction that limits contact between the complainant and the respondent. There is no appeal of an Administrative Disposition decision.

University Judicial Board Membership

The entire membership of the UJB includes, minimally, five undergraduate students, two faculty members, two administrators and the Associate Dean of Students, who will chair the board. A full board hearing includes six voting members selected from the UJB membership: three undergraduate student members, one faculty member, one administrator and the chair. A full board hearing may take place when a quorum (deemed to be five or more voting members) is present. Every effort will be made to include three undergraduate student members in all full board hearings. A simplified board hearing includes three members selected from the UJB membership: one administrator and two undergraduate student members. A simplified board hearing operates in the same manner as the full board hearing.

• The faculty steering committee will appoint faculty members to serve on the UJB. The faculty members will rotate their participation at hearings, with one member generally sitting at each full board hearing.
• The undergraduate student members of the UJB shall typically be selected in the spring semester to serve for two-year terms, beginning late in the spring semester. A committee consisting of at least one Student Council member, one member of the Dean of Students Office, and two current undergraduate student members of the UJB will interview candidates to fill available spaces for the undergraduate positions on the UJB. The committee will attempt to insure diversity of membership. Student UJB members must be in good academic and disciplinary standing.
• The Dean of Students, or his/her designee, shall appoint administrators to serve on the UJB. The administrators will rotate their participation at hearings, with one member generally sitting at each hearing
• In the event that the Associate Dean of Students is unable to serve on the board, the Dean of Students shall appoint another administrator knowledgeable about the UJB process to chair the board.
• A board member may resign by notifying the chair in writing.
• A board member may withdraw from hearing a specific case by notifying the chair in writing. A member shall withdraw from a case if there is a conflict of interest involved as determined by the chair.
• A board member may be removed from the UJB by the UJB chair, for cause.

University Judicial Board Procedure

• Upon receiving a referral of a case for resolution, the UJB chair will determine that the case be referred to either a full board or a simplified board. In either case, the chair will notify all involved students and the board of the scheduled hearing. The student responding to the complaint will be provided with a written statement of the complaint and will be given access to a copy of all relevant materials.
• All cases referred to the UJB will be handled as soon as is practical. Typically, cases will be heard within a two-week period after a complaint is filed. Exceptions may be made by the board as deemed necessary.
• Both the complainant and the respondent may request the assistance of an adviser. The adviser may be an individual of the student's choosing from within the Clark community. If the adviser will attend the hearing, his/her name should be shared with the chair at least 24 hours in advance of the hearing. During the hearing, the adviser's role will be limited to consultation with the advisee.
• During the hearing, normally only the complainant, the respondent, board members, witnesses, and advisers may be present. Witnesses shall only be present when sharing information with the board, except at the discretion of the chair. At the request of a hearing participant, the chair will take action, as s/he deems appropriate, to maintain a safe environment for all parties. Such action may include offering a physical separation of the parties during the hearing and/or adding the presence of a University Police officer at the hearing.
• The UJB may require the cooperation of any member of the Clark community in providing information during the hearing. However, no member of the University staff with whom the respondent has entered into a confidential relationship can be required to give information arising from that role without the permission of the respondent.
• During a hearing, the board will allow the complainant and the respondent to share information, to allow witnesses to share information, and to ask questions of each other directly or through the chair. Names of witnesses being called by either party must be shared with the chair at least 24 hours in advance of the hearing. All witnesses must provide the chair with a written statement 24 hours prior to the hearing.
• All information shared at the hearing is audio-taped, with the consent of all persons present, for the board's review. The board's deliberation is not taped. If any person scheduled to be present at the hearing objects to having the hearing audio-taped, s/he must give notice of this to the chair of the UJB 24-hours in advance of the hearing. In this event, provisions will be made to record the hearing information on paper.
• If the respondent chooses to not speak at or attend the hearing, the UJB procedures will still be followed and sanctions, if appropriate, will be imposed.
• The chair may remove any individual who impedes the judicial process. The chair will act to promote a civil and respectful proceeding.
• The board may recess or continue a case, at its discretion.
• The UJB invokes an evidentiary standard of “clear and convincing” when determining whether a violation has occurred.
• Following completion of the hearing, the board members shall decide by majority vote whether the respondent was responsible for the violation(s) of the Code of Student Conduct. If the decision is affirmative, the board members will, by a separate majority vote, determine the sanction, if one is deemed appropriate, that will be recommended to the Dean of Students. Records of previous disciplinary action may be used in determining a sanction. The Dean of Students, or his/her designee, shall have the right to adopt the board's recommendation or impose a different sanction.
• If, in the course of a hearing, information arises indicating a possible violation of another provision of the Code of Student Conduct, the University reserves the right to pursue that in a separate hearing process.
• At the conclusion of the judicial proceeding, the Dean of Students, or his/her designee shall share the final decision with the respondent, delivered by campus mail and in writing, in the name of the University.
• The Dean of Students, or his/her designee, will notify the complainant of the decision and any portion of a sanction that limits contact between the complainant and the respondent.

Judicial Sanctions

In the event a student is found responsible for violating the Code of Student Conduct, the sanctions listed below may be imposed. Sanctions normally cannot be fulfilled while a student is on “leave of absence” from the University. For infractions of the Code of Student Conduct that exhibit hate, harassment, or violence toward a selected person or group because of race, ethnicity, gender, disability, age, religion, sexual orientation, or national origin, the sanction imposed may be “enhanced” or made more severe.

• Disciplinary Warning – a letter to a student indicating that s/he is being held responsible for a violation of policy in the Code of Student Conduct. This sanction will be in effect for a specified period of time. Should a student on this sanction again be found in violation of the Code of Student Conduct during the period of this sanction, the Dean or Dean's designee may impose a sanction to reflect a repeated offense.
• Disciplinary Probation – formal notice that a student's status at the University is in jeopardy due to one or more violations of the Code of Student Conduct. This sanction will be in effect for a specified period of time. Should a student on this sanction be found in violation of another policy during the period of this sanction, the Dean, or Dean's designee, may impose a sanction which may include “removal from University housing,” “suspension from the University” or “expulsion from the University.” While on probation, a student is not permitted to serve as a member of Student Council, an executive board member of a student organization, the residential or orientation staffs or on a standing University committee.
• Suspension from the University – temporary separation from the University, without financial reimbursement, for a specified period of time after which the student may resume his or her studies without application for readmission. A suspended student may not engage in University activities or use any University facilities.
• Dismissal from the University – temporary separation from the University, without financial reimbursement, for a specified period of time after which the student may request to resume his or her studies after an interview with the Dean of Students or his/her designee. A suspended/dismissed student may not engage in University activities or use any University facilities.
• Expulsion from the University – permanent dismissal from the University, without financial reimbursement and without the right to return. An expelled student no longer has the privileges of matriculated students and may not engage in University activities or use any University facilities.
• Individualized Sanctions – special sanctions directly related to individual cases may be imposed in place of, or in addition to, other imposed sanctions. Examples of possible sanctions include;
  • substance abuse counseling and/or education
  • restitution (payment for property loss or damage)
  • community service
  • required relocation to another campus residence
  • removal from University housing without financial reimbursement and/or with a loss of visitation rights

Note: in cases where alcohol, drugs, and/or drug paraphernalia were confiscated, those items will not be returned. Interim Suspension An interim suspension may be imposed by the Dean of Students or his/her designee for any of the following three reasons:

• to insure the safety and well-being of members of the University community;
• to insure a student's own safety or well-being;
• if a student poses a substantial threat of disruption or interference with the normal operations of the University.

While interim suspension status is in effect, a student may be denied access to classes, activities, and facilities until the judicial case has been resolved or the review by the Provost or his/her designee has been completed.

Judicial Review Process

• Both a complainant and/or a respondent may request the Provost/Vice-President for Academic Affairs, or his/her designee, review a UJB decision on the following grounds only:
  • the basic tenets of “fair practice,” as defined earlier, were not met.
  • introduction of new information that was not available in the original hearing. In cases where new information is intro­duced, the Provost or his/her designee may refer the case back to the UJB.
• Dissatisfaction with the judicial decision or sanction is not grounds for an appeal.
• In order to request a review, the respondent or complainant must hand deliver to the Provost his/her written request and the reasons on which the appeal is based within five (5) calendar days after receipt of the UJB's decision.
• The Provost or his/her designee shall have access to the case file when a review has been requested.
• The Provost or his/her designee may, at his/her discretion, meet with the respondent and complainant. S/he shall have the sole discretion in accepting or rejecting a case for review, obtaining additional information relative to the case and upholding, reversing, or amending the decision of the UJB or sanction. The Provost or his/her designee may also request an ad hoc body review the case and make recommendations to him/her prior to making a final decision on the matter.
• While the decision of the Provost or his/her designee will be considered to be final, the President of the University reserves the right to amend or alter all administrative and judicial decisions of the University.

Judicial Records

• A file will be maintained by the judicial system on each case presented for a period of five (5) years from the date of completion of the sanction. The file will include all related documents and correspondence.
• All information contained in these files shall be confidential, with the following exceptions: members of the Dean of Students Office staff will have access to the files; UJB members will have access to appropriate files through the chair; the respondent in a case shall have access to records, if any, and to documents accepted into evidence. If an appeal is made, the entire case file will be made available to the Provost or his/her designee.
• The written or tape-recorded transcript of a UJB case can be accessed (limited to listening to the tape or viewing the written record of the UJB hearing in a space designated by the chair) by both the complainant and respondent in order to formulate an appeal.
• Information concerning disciplinary action may be made available to other appropriate parties at Clark, including University Police, Dean of the College Office, Office of Intercultural Affairs, Study Abroad Office, and the Athletic Department. Legitimate requests for “good standing status” from Student Council and University officials are honored by the Dean of Students Office. In addition, students applying to professional schools, transfer institutions, governmental agencies, or the military should know that such information is routinely requested by them concerning their applicants. As part of the application process to these programs, students often provide formal permission for the release of confidential information. It will be assumed that a request for a Dean's recommendation provides implied permission for release of this information.

An anonymous summary of the disciplinary cases heard and the sanctions imposed will be developed and distributed to the University community each semester.