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Procedures for Student Conduct Administration

Students are the driving force at Drury University. Through the student conduct process, it is our goal to help students realize how their decisions and behavior impact the global community, as well as assist them with future decision-making to lead them to personal and professional success. The Student Affairs Division staff work toward educating the Drury community by encouraging responsible conduct and implementing disciplinary action when situations occur that violate the community standards of Drury University.
 
Off-campus violations of civil law will be left to the jurisdiction of the appropriate civil authorities. Drury University reserves the right to prosecute students in the civil courts for on-campus violations of civil law. University authority will never be used to duplicate the function of civil laws.

PROCESS OVERVIEW
The Dean of Students shall have primary authority and responsibility for the administration of student conduct at Drury University and for investigating allegations that a student has violated University rules and regulations, or specific orders and instructions issued by an administrative official of the University.

• The decision process in campus judicial processes is that of a hearing, not a trial. Students should expect a supportive and non-adversarial environment during the hearing process.
• The campus judicial process is intended to be educational, not punitive. Our goal is to help the student better understand the impact of his or her actions and to help him or her take steps toward repairing the harm done to the university community. Sanctions are not always predetermined; in such a case a sanction will be designed to accommodate the individual circumstances.
• The standard of evidence in determining a student in violation is not as high as that of the criminal process. At Drury University, like many colleges and universities, we use a level of “preponderance of evidence,” as opposed to “beyond a reasonable doubt.” A preponderance of evidence is described as enough evidence to make it more likely than not that the accused student has violated the Community Standards.
• Legal rules of evidence, i.e. whether something is “admissible,” do not apply in campus judicial cases. The hearing officers will gather and utilize any information that they deem is relevant, including hearsay or third-party testimony.
• Findings of guilt in the campus judicial process will not result in any criminal record, but will be placed in the student’s Drury University file.
• Campus judicial cases are confidential, in compliance with the Family Educational Rights and Privacy Act (FERPA), a federal law.
• While students are entitled to an advisor (friend, parent, or other person of their choosing), that advisor may not represent that student. Students are expected to speak for themselves at all times during the process. Any advisors disregarding these rules will be asked to leave any meeting or hearing.
• It is a privilege to attend Drury University, not a right. As such, removal of a student from campus through a sanction of suspension or dismissal is a possibility in certain circumstances in which the student has endangered the university community or engaged in repeated violations of the Community Standards.

INCIDENT RECORDED & SUBMITTED: The student conduct process begins when information and/or documentation is submitted to the Student Affairs Division regarding a Drury-related incident.

This documentation could include, but is not limited to:

• Statement provided by a faculty or staff member
• Statement provided by a Drury University student
• Statement provided by a member of the community
• Drury University Facilities Damage Report
• Drury University Information Report
• Drury University Security Report
• Drury University Policy Violation Citation
• Online information report www.drury.edu/informationreport

INFORMATION REVIEWED: The Student Affairs Division staff will review documentation, check for previous incident files and assess further steps that need to be taken in the student conduct process. An incident file for the student or the student organization is kept on hand until the file is complete, and then turned in to the student or organization’s permanent file.
 
STUDENT CONDUCT MEETING SCHEDULED: Students will be assigned a Conduct Officer based on the nature and severity of the incident. The Conduct Officer could be a Residence Director, Student Affairs staff member, administrator, or faculty member.  Students (or student organizations) are contacted within five working days of the incident/receipt of documentation to schedule a meeting with the appropriate conduct officer. Contact will be made in writing through email to the student’s Drury University email account and may also include an official Drury letter to the involved student or student organization and, if applicable, the campus advisor.

If the student or student organization does not respond within five working days after efforts to contact them have been made, information will be reviewed and a determination will be made without the student’s or organization’s input regarding the incident.
 
MEETING WITH STUDENT(S) INVOLVED: The student(s) or student organization will meet with the Conduct Officer to informally discuss the incident, and the student(s) will be given the opportunity to explain his/her version of events.  In the event that the Conduct Officer determines that a policy has NOT been violated, then the case and any related judicial charges may be dismissed.  If the conduct officer maintains that a policy has been violated, the accused student(s) will be given two options:  1) The first option is to accept responsibility for violating the policy; thus, waiving the right to a formal Judicial Board Hearing, and having the Conduct Officer issue the student(s) his/her judicial sanctions (outcome).  When this occurs, the case is considered CLOSED at the conclusion of the meeting.

Students may NOT appeal the outcome of this meeting, since the student is essentially taking responsibility for violating the Community Standards, and they are waiving their right to a formal judicial hearing.  Additionally, at this conduct meeting, the student is either informed of the exact disciplinary sanctions being imposed, or at a minimum, they will be given a range of possible sanctions being considered, before the student is required to accept responsibility or request a formal judicial hearing. 

2) Students who do not feel as though they have violated the Community Standards, have a second option, which is to request a formal Judicial Board Hearing.  All students have the right to a fair and objective Judicial Board Hearing.

There are other situations which, based upon the circumstances, may result in immediate action taken by the Student Affairs Division staff, the Dean of Students or the Drury University Judicial Board.  Assigned sanctions remain in effect until the Judicial Board Hearing process is completed and a final decision is rendered.

JUDICIAL BOARD HEARINGS
Judicial Board members consist of trained faculty, staff and students. Faculty, staff, and students are appointed by the Dean of Students from a pool of eligible candidates.  The Drury University Judicial Board is composed of:

• Three faculty/staff members
• Six students, who are selected based on their involvement with Governing Student Organizations (Residence Life Association, Interfraternity Council, Panhellenic Council).
• The Dean of Students, who serves as ex-officio and Judicial Board Coordinator.

Every effort will be made to ensure that each accused student is given a fair and objective judicial hearing.  Part of this will be limiting conflicts of interest between a board member and an accused student (i.e. the accused student’s academic advisor being on the board, accused student in a board member’s academic discipline, accused student having a personal friendship with a board member, etc.)  Board members are trained to excuse themselves if there is a significant conflict of interest.  Should the accused student feel a conflict of interest may exist, they should immediately bring this to the attention to the Director of Residence Life or Dean of Students, upon receipt of the hearing notice.

Judicial Board Hearing Procedures
The following procedures will be followed in any case, which results in a hearing before the Judicial Hearing Board (“Board”). University Judicial Hearings are not legal proceedings, therefore, neither the student nor the University may have legal counsel present at the hearing.

1. The accused student will be given written notice of the date and place of the Hearing.
2. The student is entitled to appear in person before the Board to defend against the charges. If the student elects not to appear, the Board will reach its decision on the basis of information available to it at the Hearing.
   
3. The student or the University may request that witnesses competent to give testimony relevant to the specific charges preferred, be called to testify before the Board. Written or tape recorded statements, rather than personal testimony by witnesses before the Board, may be permitted at the Board’s discretion when extenuating circumstances prevent the appearance of a witness. Failure of a witness to be present at the time of the Hearing, except in extenuating circumstances, will not be grounds to delay the proceedings.
   
4. The Judicial Board may accommodate concerns for the personal safety, wellbeing, and/or fears of confrontation of the Complainant, Accused Student, and/or other witnesses during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, videoconferencing, videotape, audiotape, written statement, or other means, where and as determined in the judgment of the Dean of Students and/or Judicial Board to be appropriate.
   
5. The University’s case will be presented by the Director of Residence Life, Director of Safety & Security, or designee, who may ask questions of any witness.
   
6. The student may invite a member of the Drury University Faculty or Professional Staff to be present throughout the Hearing, as an advisor. The advisor’s role in the hearing is limited. The advisor is not permitted to directly address the members of the hearing board or any witnesses. The advisor may not offer any testimony to the Judicial Board.
7. The Complainant, Accused Student and his or her advisors, if any, shall be allowed to attend the entire portion of the Disciplinary Hearing at which information is received except deliberations (except when the board feels this presents safety concerns).
   
8. The Board’s determination will be made on the basis of whether it is more likely than not that the accused student violated the Student Code of Conduct or university policy, which is equivalent to the “preponderance of the evidence” standard.
   
9. The Board shall make an appropriate record of the proceedings and this record shall be available to the accused upon his/her request; however, it may not leave the Dean of Students Office or Office of Student Conduct. Board Hearings shall be tape recorded in their entirety. Following the Hearing and during the appeal period, the student and/or advisor present throughout the Hearing may listen to the tape in the Dean of Student’s office. Recordings of Board Hearings and decisions shall be filed in the Office of the Dean of Students.
   
10. At the conclusion of a Hearing, the Board members shall meet in closed session to determine its decision. If the student is found responsible of violating the Community Standards, the Board shall consult with the Dean of Students prior to determining a sanction or censure.
    
11. The student or student organization and campus advisor will be notified of any assigned sanctions by the Director of Residence Life by email to the Drury University email account and may also include an official Drury letter within three (3) business days. The notification will indicate specific charges and violations. It will also indicate the decision, findings and sanctions, if applicable, with any relevant information such as specificity and deadlines.  

Appeal Procedures
Students who wish to dispute the outcome of a Judicial Board Hearing may appeal their case to the President of the University. To initiate the appeal process, the student must submit their appeal to the Dean of Students or the Director of Residence Life, within 24 hours from the decision notice. An appeal must contain complete justification and details about why the student feels an appeal should be granted. The President will review all of the documents related to the case, hearing, and sanction assessment, and will take one of the following two actions: i. Affirm the decision of the original hearing body ii. Remand the case back to the Judicial Board, with instructions. All decisions made by the President are FINAL.

SANCTIONS
Sanctions provide a means for the rectification or correction of any damages resulting from inappropriate behavior, protect the excellence of the educational and social environment and assist the individual in leading a healthier lifestyle.
 
Sanctions may include but are not limited to:

• Career counseling
• Community service hours
• Counseling
• Disciplinary probation
• Disciplinary suspension from the university
• Educational sanctions
• Fines
• Loss of participation and privileges in campus activities
• Parent notification
• Peer mentoring
• Professional assessment
• Removal or restricted access from campus housing
• Restitution

Violators of certain policies will be subject to sanctions ranging from official letters of warning and reprimand to disciplinary suspension from the university, according to the severity of the offense.
 
Sanction information listed in the Community Standards Handbook is not intended to be all-inclusive.  There are other situations, which based upon the circumstances—including, but not limited to the nature and the severity of the situation—may result in and require immediate or additional action to resolve the incident.  The Student Affairs Division professional staff may modify the sanctions to be more beneficial and educational for the students or organizations involved.

PENALTIES FOR NON-COMPLETION OF SANCTIONS
University approved restitution relating to non-completion of sanctions may include but are not limited to:

• Career counseling: Minimum $50 fine for each career counseling session not completed by required completion date or not upholding the standards of the Career Center sanction supervisor.
• CHOICES class: $100 fine for not satisfactorily completing the requirements of the CHOICES alcohol-education class.
• Community service hours: $25 fine per hour for assigned service hours by required completion date or not upholding the standards of the site supervisor.
• Counseling: Minimum $50 fine for each counseling session not completed by required completion date or not upholding the standards of the Drury Counseling Office.
• Disciplinary probation: Student may have limited involvement in extra-curricular activities.
• Disciplinary suspension from the university: Student may be removed from university property by the Drury University security staff and could be arrested for trespassing.
• Educational sanctions: Minimum $50 fine for each educational assignment not completed by required completion date or not upholding the standards listed by the educational sanction completion supervisor.
• Fines: Fines are assessed to the Drury University business account. Not paying these fines limits semester class registration and may limit a student’s ability to graduate.
• Loss of participation and privileges in campus activities: Minimum $50 fine for continued participation in campus organizations listed as part of the sanctioning process.  The campus organization may also have their Drury University business account frozen for allowing continued participation and may be limited from receiving future SGA funding.
• Parent notification: The Student Affairs Division staff or the Dean of Students completes parent notification. Providing inaccurate parent contact information is a violation of the Community Standards and may result in additional sanctions.
• Peer mentoring:  Minimum $50 fine for each peer mentoring session not completed by required completion date or not upholding the standards listed by the peer mentor supervisor.
• Professional assessment:  Minimum $150 fine for each professional assessment session not completed by required completion date or not upholding the standards listed by the professional assessment site.
• Removal or restricted access from campus housing:  Student and student belongings may be removed from university property by the Drury University security staff and students could be arrested for trespassing.  Student will pay for housing and meal plan costs for the semester in which they were removed.
• Restitution: Restitution charges are assessed to the Drury University business account. Not paying these fines limits semester class registration and may limit a student’s ability to graduate.

RESPONSIBILITY & COOPERATION FOR REPORTING INCIDENTS
Any person who feels that he or she or another person has been the victim of an incident or involved in a questionable situation involving a Drury student, university employee or Drury citizen on Drury property, at any Drury activity or at any activity that an observer would associate with a Drury student, university employee or Drury citizen must immediately report the incident to the appropriate staff member, such as Residence Life staff, Greek Life staff or Security staff, or complete the online reporting form at www.drury.edu/informationreport.  Drury will investigate all reported incidents and take appropriate action.

Students, university employees and other Drury citizens are required to cooperate fully with any investigation by or at the request of Drury University. Full cooperation is defined as complying with the requests of the university at the time of the incident and throughout the duration of the investigation.  These requests include, but are not limited to:  being available for formal questioning relating to the incident, releasing relevant information to the university and allowing university officials access to information surrounding the incident which may directly impact the safety and security of Drury students, university employees and other Drury citizens.
 
Information provided to Drury University during an investigation will not be released to a third-party unless mandated by law.   Drury University investigations are for the purposes of Drury University only.

PENALTIES FOR NON-COOPERATION
Students, university employees and other Drury citizens are required to cooperate fully with any investigation by or at the request of Drury University. Full cooperation is defined as complying with the requests of the university at the time of the incident and throughout the duration of the investigation.  These requests include, but are not limited to: being available for formal questioning relating to the incident, releasing relevant information to the university and allowing university officials access to information surrounding the incident which may directly impact the safety and security of Drury students, university employees and other Drury citizens.

Cooperation provides a vehicle for the complete and accurate understanding of the incident under investigation protects the excellence of the educational and social environment and assists in determining the appropriate action for correction of any damages resulting from inappropriate behavior.

University definitions of non-cooperation include, but are not limited to:

• Failure to provide a valid University ID, or other valid identification upon the request of any University official, employee, or residence life staff member
• Failure to make a reasonable, positive effort to remove themselves from the environment where these standards are being violated
• Giving false testimony or other evidence at a campus disciplinary or other administrative proceeding
• Failure to appear for a scheduled meeting, administrative hearing, or Judicial Board hearing
• Hindering the reporting process for any incident, whether the student was directly or indirectly involved

Drury University approved restitution relating to non-cooperation during an investigation may include but is not limited to:

• Students found to be deliberately non-cooperative, or fraudulent in their statements, may be subject to three times the minimum sanction. 
• Based on the nature and severity of the incident, students found to be deliberately non-cooperative may also be subject to disciplinary probation or suspension from the university.

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