Student Handbook 2007-2008

An accused student may request either an administrative hearing or a hearing before Community Rights and Standards Board. If a student requests an administrative hearing, the Assistant Dean of Students/Director of Community Rights and Standards may elect not to honor the request if there is an actual or perceived conflict of interest and/or he or she believes that the incident would be better resolved through broader community participation. Such cases shall be referred to the Community Rights and Standards Board.

When the University is not in session, all cases shall be heard administratively and may require modification of the administrative hearing format. Any modified details shall be agreed upon by the conduct officer and the accused student, and the student shall agree to the format in writing prior to any hearing. If the outcome of a case may result in Disciplinary Suspension or Disciplinary Expulsion, a modified hearing format will not be used and the case will be postponed until the University resumes its normal session.

Alleged violations of University policy by a student organization or group will be adjudicated administratively by an administrative officer.

All hearings shall be closed private proceedings.

Where hearings may involve more than one accused student, the Assistant Dean of Students/Director of Community Rights and Standards shall determine, at his or her discretion, whether to conduct one hearing for all charged students or a separate hearing for each student.

Both the complainant and the accused student have the right to be assisted by any advisor from the university community, however, the complainant and/or the accused student shall be responsible for presenting his or her own case. Advisors are not permitted to speak or to participate directly in any community rights and standards hearing. The Assistant Dean of Students/Director of Community Rights and Standards shall, upon request, assist the student in identifying a faculty or staff member to serve as an advisor. In cases when a student chooses not to be assisted by an advisor, the University may appoint a representative to serve the student in this capacity when the University is the complainant and it is clear the case involves serious community issues.

Parents, guardians, attorneys, or other persons that do not meet the definition of advisor; as articulated by this Student Code of Conduct are not permitted to attend or participate in any community rights and standards proceeding. Admission of any other person to a community rights and standards hearing shall be at the discretion of the conduct officer, or, the presiding chairperson and/or the advisor to the Community Rights and Standards Board when that hearing is before the CRSB.

During hearings before the Community Rights and Standards Board, the complainant, the accused, and the CRSB shall have the privilege of presenting witnesses, subject to the right of questioning by the CRSB. Students shall provide no less than twenty-four (24) hours notice to the CRSB as to the witnesses being called.

Students shall have additional procedural protections during a disciplinary proceeding. Students shall be entitled: to an unbiased hearing; to notification of the charge(s) and their basis; to protection against self-incrimination; to confidentiality in accordance with the Family Educational Rights and Privacy Act; to a presumption of non-responsibility until responsibility is proven on the basis outlined in the Student Code of Conduct; and, to appeal a disciplinary outcome.

When a student denies responsibility for violation of the Student Code of Conduct, the conduct officer or Community Rights and Standards Board shall determine the student's responsibility on the basis of a preponderance of evidence, that is, if it is more likely than not that the evidence supports that the student violated the standard. If it is so determined, then the student shall be found responsible.

Conduct officers and the Community Rights and Standards Board may keep a record of conduct proceedings, such as a tape recording or written summary. Any record shall be the exclusive property of the University.

The conduct officer or the Community Rights and Standards Board will inform the charged student in writing of the results of the community rights and standards hearing. In cases where the violation involved an allegation of violence or other sexual misconduct and a student is determined to be a victim of that act, the conduct officer or the CRSB will also inform the victim in writing of the results of the charged student's hearing and sanctions imposed, if any.

If an accused student, student organization or group is charged with violation of the Student Code of Conduct and fails to appear at the pertinent hearing, the community rights and standards body may proceed with the hearing despite the absence of the student, student organization, or group, and shall base any determination upon the information available.

No student shall be found to have violated the Student Code of Conduct solely because the student failed to appear at a community rights and standards hearing.

A student, student organization or group who fails to obey the direction of a hearing body or who fails to abide by or complete a sanction may be found to have violated the Student Code of Conduct solely because of that failure.

All procedural questions regarding the Community Rights and Standards Process are subject to the final decision of the Assistant Dean Students/Director of Community Rights and Standards, or his or her designee and only when that designee is serving as advisor to the Community Rights and Standards Board during hearings.

The administrative hearing officer shall provide an overview of the community rights and standards process for the student and answer any questions the student may have about the process or the Student Code of Conduct.

The hearing officer shall review all pertinent incident reports, records, exhibits, and information and relate the information contained therein with the charges outlined in the student's charge letter.

Prior to discussing the details of the alleged infraction, the student will be asked to accept or deny responsibility for each charge as outlined in the charge letter and the responses will be recorded on the Acknowledgement of Understanding form. This form shall provide to the accused student an outline of his or her procedural protections as afforded by the community rights and standards process.

Upon responding to the alleged charges, the student shall have the opportunity to make a statement and provide information to the hearing officer about the reported incident.

When the hearing officer has gathered the pertinent information, he or she will determine if a decision about the student's responsibility can be communicated immediately. If deemed appropriate, the student will be informed of his or her responsibility, and any sanctions imposed.

The hearing officer may continue the community rights and standards hearing on a future date, as needed and if deemed appropriate.

At the conclusion of the hearing, the hearing officer will inform the student about the opportunity to appeal any community rights and standards decision, and will provide the student an opportunity to ask questions about the appeal process that is outlined in this Student Code of Conduct.

Following the decision, the hearing officer shall communicate the outcome and any sanctions to the student, in writing.

The Community Rights and Standards Board shall include, minimally, six students, two members from the teaching faculty, and one member from the administrative or supportive operating staff of the University. Student members shall serve for one year and may have their appointment renewed. The teaching faculty and administrative or supportive operating staff members shall serve for two years. Student members shall be appointed by the DCGA President upon the recommendation of the Community Rights and Standards Board Application Review Committee in accordance with the appointment procedures established by DCGA. Faculty members shall be appointed by the Chairperson of the Faculty, and the administrative or supportive operating staff member shall be appointed by the Provost. Student members appointed to the CRSB must be in good academic standing and have no active record of misconduct.

The CRSB Application Review Committee consists of the Assistant Dean of Students / Director of Community Rights and Standards and the two co-chairpersons of the CRSB. It shall be the responsibility of this committee to ensure that the composition of the CRSB is reflective of the University's commitment to diversity; the CRSB shall include at least one woman, one man and one person of color.

No person holding a position on the CRSB shall be a member of the University administration with direct responsibility for enforcement of University policies or be a member of the Appeals Board. No member of the CRSB shall participate in adjudication of his or her own case involving alleged misconduct.

The CRSB shall establish a quorum of no less than five board members. In order to proceed with a hearing, that quorum must include three student members and one of the teaching faculty members. One of the co-chairpersons of the CRSB shall preside over each hearing. That person shall have no vote during deliberations, except to break a tie. Decisions as to which co-chairperson shall preside over a hearing are determined by the co-chairpersons.

At the discretion of the presiding chairperson, a student may present pertinent records, items, and written statements for consideration by the CRSB.

Following deliberations of a case, the CRSB shall determine by majority vote if the accused student is responsible for each violation for which he or she was charged.

There shall be a single record such as a tape recording or written summary of all hearings before the CRSB.

Interference with a hearing before the CRSB or other disruption of the community rights and standards process can result in additional charges being filed by the Office of Community Rights and Standards.

The co-chairperson shall introduce the members of the CRSB participating in the proceedings and provide the accused student, and the complainant if one is present, an overview of the community rights and standards process.

If the Fact Finder is included in the hearing, that person shall present all pertinent records, items, and written statements obtained through his or her investigation, and the CRSB shall have the opportunity to question the Fact Finder at this time. Following the Fact Finder's presentation, or if a Fact Finder is not included in the proceeding, the accused student shall have the opportunity to make an opening statement to the CRSB.

Following the opening statement, the advisor to the CRSB will bring forth individually each University and/or complainant witness. Each witness shall have the opportunity to provide a statement and may be questioned by the CRSB and the accused student.

Upon presentation of all University and/or complainant witnesses, the accused shall have the opportunity to bring forth his or her witnesses in the same manner described above.

When all witness information has been collected, the co-chairperson will dismiss the accused student for five to ten minutes, which shall provide the student an opportunity to prepare a closing statement to the CRSB, if desired. Following the closing statement, the CRSB may ask the accused student additional questions deemed necessary by the CRSB.

The co-chairperson shall conclude the hearing and dismiss all parties other than the CRSB members and the CRSB's advisor.

Following deliberations by the CRSB, the presiding chairperson will communicate the decision and any sanctions to the accused student, in writing.

Decisions and the imposition of sanctions resulting from a community rights and standards hearing may be appealed by the accused student, or student complainant if there is one. The Appeals Board shall have responsibility for considering appeals. Appointed by the University President, the Appeals Board's membership shall consist of: two students (one year appointment, renewable), one member from the teaching faculty, and one administrative or supportive operating staff member (both with two year appointment). An additional teaching faculty member shall serve as the chairperson, which shall be a one year appointment, renewable up to three years. Quorum for an Appeal Hearing shall be three members.

Appeals shall be in writing and shall be submitted to the Assistant Dean of Students / Director of Community Rights and Standards within five (5) academic days (class days, exam days and reading days) of receipt of the decision. A student's notice of appeal suspends the imposition of sanctions until the appeal is finally decided.

The basis for consideration of an appeal shall only include one or more of the following:

If the Appeals Board determines upon review that a basis for appeal has been met, an appeal hearing shall be granted. All hearings are closed. Except as required to explain the basis of new evidence, an appeal shall be limited to review of the record of the initial hearing and any supporting documents. No testimony is given during appeals hearings, unless requested by the Appeals Board.

The Appeals Board has the authority to uphold or modify the decision of the administrative hearing officer or Community Rights and Standards Board, which can include increasing or decreasing the original sanction(s), referral of the matter back to the original community rights and standards body for reconsideration of the sanction(s) or to be reheard, or, to hear the case themselves. The chairperson shall only vote in the case of tie.

The chairperson of the Appeals Board shall notify the student who appealed, in writing, of the outcome of the appeal hearing. Any complainant determined to be a victim of an act of violence will also be informed of the results of the appeal.

If no appeal is made or if the Appeals Board concludes the appeal process with no decision modification or reconsideration, the decision shall then become final and will not be subject to further review or appeal.

Letter of Warning. This is written notification that a violation of the Student Code of Conduct or other University policy has occurred. The student or student organization or group who receives a written warning for violations is expected not to violate the Student Code of Conduct again, and is expected to review the appropriate standards and policies thoroughly.

Warning Probation. This status specifies a period of time during which the student, student organization or group's good standing with the University may be in jeopardy. This status, when imposed, is based on the seriousness of the violation and/or history of previous minor violations or infractions, and may include requirements and restrictions as circumstances warrant.

Disciplinary Probation. Disciplinary probation is the highest sanction status imposed on a student, student organization or group before disciplinary suspension or disciplinary expulsion is considered by the University. This status may be imposed for major violations and/or a history of multiple violations of the Student Code of Conduct, and designates a specified period of time during which the student, student organization or group is deemed not in good standing with the University. When imposed, the student, student organization or group is not eligible to represent Denison University in any official capacity, and a student may not hold office in any student organization or group. Additionally, a student is ineligible to affiliate with a fraternity or sorority organization and may not participate in varsity athletic competition or club sports. Subsequent violation of the Student Code of Conduct will likely result in Disciplinary Suspension or Disciplinary Expulsion.

Disciplinary Suspension. A student who is suspended is separated from the University for a designated period of time after which the student may be eligible to return. Reinstatement following the suspension period is automatic provided the student has completed all sanctions stipulated as conditions for reinstatement by the community rights and standards body. All students reinstated following a Disciplinary Suspension shall have a disciplinary status of Disciplinary Probation during the semester of re-enrollment. Suspended students are not permitted on university premises and may not participate in any university-sponsored activity during the period of suspension without permission from the Assistant Dean of Students / Director of Community Rights and Standards.

Disciplinary Expulsion. This sanction permanently separates the student from the University. A student who is expelled may not earn any academic credit at Denison and may not graduate with a degree from the University. An expelled student may not be on university premises or participate or be present at any university-sponsored activity without advance authorization from the Assistant Dean of Students / Director of Community Rights and Standards.

Loss of Privileges. Denial of specified privileges for a designated period of time. This may include limited access to residence hall spaces.

Restitution. Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.

Discretionary Educational Sanctions. These sanctions may include reflective writing assignments, service to the University, alcohol and other drug education, educational programs or other discretionary referrals. Discretionary referrals shall have the prior approval of the Assistant Dean of Students / Director of Community Rights and Standards.

Housing Reassignment. The University reserves the right to reassign a student to another residence hall and/or living space, or to rescind permission or prohibit a student from residing off-campus.

Loss of Lottery Privileges. A student may have their lottery privileges revoked if he or she has been found responsible through the formal community rights and standards hearing process for abuse of the lottery system.

Revocation of Admission and/or Degree. Admission to or a degree awarded from Denison University may be revoked for fraud, misrepresentation, or other violation of Denison University standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.

In accordance with Family Educational Rights and Privacy Act (FERPA), Denison University has the authority to disclose information to a parent or legal guardian of a student regarding any violation of federal, state or local law, or any rule or policy of Denison University governing the use or possession of alcohol or controlled substances. Notification shall occur when:

The Dean of Students, or his or her designee, shall be responsible for notification. Notification shall be made to the primary parent/guardian listed with Denison University when a student's parents are divorced or separated. The Dean of Students shall have the authority to exercise discretion regarding notification when it is determined directly and conclusively that extenuating circumstances exist that would negatively impact the situation. Notification shall not occur until a decision about a student's responsibility has become final.

This notification policy only applies to tax-dependent students under the age of twenty-one (21). Unrelated to the FERPA, the University has the authority to contact parents or guardians during health and safety emergencies regardless of the age or tax-dependency of the student.

Student complainants alleging sexual misconduct or sexual harassment have available both formal and informal options for the resolution a case. The complainant may choose, in lieu of a formal proceeding, counseling/advocacy through the Counseling Center or from other trained individuals on campus.

Student complainants shall have additional rights under the Student Code of Conduct. Complainants shall have the right:

In accordance with the Higher Education Amendments of 1998, Denison University will disclose to an alleged complainant of any crime of violence or a non-forcible sex offense the final results of any disciplinary proceeding conducted by Denison University against the alleged perpetrator of such crime or offense with respect to such crime.