The Hearing Process

Upon receiving notice of an alleged violation, the appropriate Hearing Officer or Board Moderator shall notify the respondent via University email. In the case of student organizations, at a minimum, students serving in leadership role(s) (i.e. president, captain, coordinator) shall be notified as representatives of the respondent organizations. Information regarding the hearing will be provided in the notice. In the case of more serious violations of the Community Standards, a pre-hearing meeting may be scheduled, which is part of the Community Standards process. Determinative scheduling considerations are the involved students’ academic class schedules and the University’s schedule.

The Community Standards process is designed to encourage an open discussion that promotes an understanding of the facts, the individuals involved, the circumstances under which the incident occurred, and the nature of the conduct. During the hearing, accommodations such as providing separate facilities, to ensure the personal safety, comfort and well-being of the complainant, respondent, and/or other witnesses (character witnesses will not be considered or heard during the process), may be employed.

Respondents are expected to attend their hearings or to forfeit the opportunity to provide information orally. The respondent’s failure to attend the hearing does not limit the Hearing Officer, or CSB from making a decision based upon available information. If a student misses a hearing due to an emergency, it is the student’s responsibility to contact the Hearing Officer or Board Moderator within 24 hours after the scheduled hearing. No student may be found to have violated the Community Standards solely because the student failed to participate in the process.

All meetings/hearings within the Community Standards process shall be private. Meetings/hearings shall not be recorded through the use of audio and/or visual devices.

At any time during the Community Standards process, the respondent or complainant may consult with an advisor from the University community. An advisor is a member of the University community who a student is permitted to consult with throughout the process, including accompanying the student to meetings/hearings within the Community Standards process. In this context, the University community refers to all current employees and students of Saint Joseph’s University. The choice whether or not to invite an advisor is solely that of the respondent or complainant involved.

Non-University advisors, and family members or legal counsel (unless required by law), regardless of whether they are members of the University community, are not allowed to serve as advisors, inspect hearing records during the Community Standards process, or attend meetings/hearings (see “What is a Community Standards Advisor?”).

Community Standards proceedings are not criminal or civil proceedings, but rather, internal administrative determinations of violations of institutional policy. Civil or criminal rules of procedure and evidence do not apply. The Vice President for Student Life/Dean of Students or designee shall make the final determination on the appropriateness of non-institutional information (i.e. polygraph test results, drug test results). Information, including hearsay, may be considered if material to the issue, not unduly repetitious, and the sort of information on which responsible persons are accustomed to rely in the conduct of serious affairs.

After receiving information at the hearing, the Hearing Officer, or Community Standards Board shall determine, as to each respondent and as to each potential violation of the Community Standards, whether the respondent(s) is/are responsible for violating the Community Standards; not responsible for violating the Community Standards; or whether, based upon the information available, no determination of responsibility could be reached. The Hearing Officer, or CSB evaluates the information received and considers credibility of information and key witnesses (character witnesses will not be considered or heard during the process) when determining if the Community Standards were violated. This determination shall be based upon the facts of the conduct alleged, and whether it is more likely than not that the student is responsible for the alleged violation(s). Subsequent reviewers shall not determine anew whether there was a Community Standards violation.

The inclusion of a specific charge(s) being considered in the hearing process in no way precludes a separate charge or investigation of any conduct that may be revealed once the process is underway. If additional conduct is revealed that may be a violation of the Policy Prohibiting Acts of Bias, Discrimination, Harassment, and Sexual Misconduct and/or the Interim Policy Prohibiting Discrimination, Harassment, and Retaliation, the Hearing Officer or Board Moderator will inform the appropriate University official(s) and the newly revealed conduct will be subject to a separate process where the parties will be given an opportunity to respond.

A Community Standards advisor is a member of the University community who a student is permitted to consult with throughout the process, including accompanying the student to meetings/hearings within the Community Standards process. In this context, University community refers to all current employees and students of Saint Joseph’s University. The choice whether or not to invite an advisor is solely that of the respondent or complainant involved.

An advisor serves to guide the individual through the Community Standards process. At any stage of the Community Standards process, the individual may seek advice from a Community Standards advisor, and the advisor may give advice to that individual. However, the advisor may not speak for that individual or otherwise direct questions to or address others present in any Community Standards process meeting/hearing (e.g., the opposing party, witnesses, and/or the person conducting the meeting/hearing (university official). An advisor cannot serve in a different role during the Community Standards process (e.g., witness).

The University may remove or dismiss an advisor who becomes disruptive or who does not abide by the restrictions on participation, as determined by the person conducting the meeting/hearing (university official).

An advisor may take notes, but is not permitted to inspect, read, copy, photograph, or transcribe any documents or data at any stage of the Community Standards process. While an advisor’s schedule is not determinative, reasonable efforts will be made to accommodate the advisor. Problems with an advisor’s schedule will not delay a meeting/hearing.

Non-University advisors, and family members or legal counsel, regardless of whether they are members of the University community, are not allowed to serve as advisors, inspect hearing records during the Community Standards process, or attend meetings/hearings. The advisor may be someone who holds a J.D., so long as the person holding the J.D. is not then engaged in the active practice of law and discloses and affirms these circumstances to the Office of Community Standards prior to attending any meetings/hearings in this capacity with the advisee party. The Office of Community Standards has the final determination as to who may serve as an advisor.

A list of University community members who are trained on the Community Standards process and the role of advisors within the process, is available on the Community Standards website and in the Office of Community Standards (Campion 247). A complainant or respondent may choose one of these trained advisors to serve as an advisor, or may select any other person from inside the University community to serve as an advisor.