Process Overview
How does the Community Standards Process Begin?
The Community Standards process may begin upon notice to the Office of Community Standards1 of an alleged violation(s). Any member of the University community (“complainant”) may file a complaint regarding a student(s) or student organization(s) (“respondent”) alleging violation of the Community Standards. In the case when the University initiates an incident report, it becomes the complainant. Complaints shall be reviewed by the Office of Community Standards. It is expected that all complaints are entered in good-faith, and are not retaliatory or fabricated.
A complaint shall be submitted as soon as possible after the incident takes place, preferably within one week; however, the timeliness of a complaint shall be determined by the Vice President for Student Life/Dean of Students (or designee) based on the facts and circumstances presented.
Students serving in leadership role(s) for student organizations (i.e. president, captain, coordinator) are expected to promptly report to the University any alleged conduct by the organization or its membership that may violate the University’s Community Standards, especially when such behavior is related to the student organization or a student organization event or may be the basis for an internal organizational process (e.g., a formal complaint, hearing, or organizational disciplinary process). The report to the University must be made prior to the commencement of any internal organizational process to address such conduct, and students serving in leadership role(s) in the reporting organization must promptly meet with University representative(s) to discuss the report upon request by the University.
1 Office of Community Standards https://www.sju.edu/offices/student-life/community-standards
Can the University Impose Interim Remedial Measures?
The University, through the Vice President for Student Life/Dean of Students (or designee), can determine that a student’s participation in activities on campus would be disruptive to the Community Standards process or risk harm to another student, self, or the broader University community, and impose interim remedial measures. During this time, students may be restricted in their access to the residence halls, and/or to the campus (including classes), and/or all other University activities or privileges (including computing and network privileges) for which the student might otherwise be eligible. The University may also impose contact restrictions between students. There is no appeal of these measures, but the University shall make every effort to conduct the Community Standards process without undue delay. The remedial measures may stay in place until the hearing and/or appeal process is complete.
In addition, at any time after the filing of a complaint, the Office of Community Standards may place a registration hold on the record of any student pending the outcome of proceedings or to ensure sanction compliance. A registration hold may prevent, among other things, registration, the release of transcripts, and the awarding of a degree.
Withdrawal During Community Standards Process
What if the Respondent Withdraws from the University during the Community Standards Process?
In most cases, if a respondent voluntarily withdraws from the University while a complaint is pending, the Community Standards process shall continue and a decision rendered based on available information, whether or not the respondent participates in the process.
Alternatively, a registration hold may be placed on the respondent’s account and the respondent shall not be permitted to re-enroll until after the complaint has been resolved. If the complaint cannot be resolved because the complainant, key witnesses (character witnesses will not be considered or heard during the process), or evidence are not available, in most cases re-enrollment shall be denied. Permission for readmission shall be granted at the discretion of the Vice President for Student Life/Dean of Students.
A failure to participate is not an admission of responsibility by the respondent. No student may be found to have violated the Community Standards solely because the student failed to participate in the process. The finding of responsibility will be based upon the preponderance of evidence provided during the hearing process.
What is the Community Standards Process?
When an incident report/complaint is received, the report/complaint is assigned to an administrator within the Division of Student Life. The following options are available for case resolution:
- Alternative Resolution, most often conducted by a member of the Division of Student Life. Alternative Resolutions may include conflict resolution, facilitated dialogues, and mediation. Alternative Resolutions are offered at the discretion of the Office of Community Standards in lieu of formal charges.
- Informal Resolution, offered at the discretion of the Office of Community Standards based on the nature of the alleged violation(s), upon a respondent taking responsibility for alleged violations. See below for more information.
- Administrative Hearing, most often conducted by a member of Residence Life or Community Standards professional staff.
- Community Standards Board Hearing with a three-person panel consisting of faculty, administrators/staff, and students.
Most allegations of less serious Community Standards violations shall be heard by an Administrative Hearing Officer or addressed through an Alternative Resolution. More serious Community Standards violations shall be heard by an Administrative Hearing Officer, or the Community Standards Board.
A pre-hearing meeting may be scheduled for matters which involve more serious Community Standards violations. This pre-hearing meeting is part of the Community Standards process. Parties may also request to schedule a pre-hearing meeting.
Serving as an Alternative Resolution or Administrative Hearing Officer
Who is eligible to serve as an Alternative Resolution or Administrative Hearing Officer?
Any professional staff member of the University community, trained by the Office of Community Standards, may serve as an Alternative Resolution or Administrative Hearing Officer to hear a complaint. In most cases, the Officer is a member of the Office of Community Standards or Office of Residence Life.
What is the Community Standards Board?
The Community Standards Board (CSB) is a group of faculty, administrators/staff, and students who are trained to hear cases that involve more serious violations of the Community Standards and serve a role within the Community Standards appeals process (see “What is the Appeals Process?”). The CSB includes the following members:
- Board: Student members are selected by the Office of Community Standards/ or designee. The President of the University Student Senate/designee shall be invited to participate in the interview process of new student Board members. Faculty members are selected by the Faculty Senate. Administrators/staff members are selected by the Vice President for Student Life/Associate Provost. The term of membership on the CSB shall be two years for faculty and administrators/staff and one year for students, unless circumstances call for an adjusted term length (i.e. member withdrawal from the CSB before their term expiration). Terms are renewable.
- Chairperson: The Chairperson is a voting member, who is selected by the Moderator on a case-by-case basis.
- Moderator/Resource Person: The Moderator shall advise the CSB on matters such as the type of information that may help in determining if Community Standards were violated and appropriate sanction(s). The Moderator shall also facilitate the appropriate paperwork and record keeping, as well as reserve the hearing space.
The Moderator selects three Board members (which includes one Chairperson) to serve on a hearing panel for a particular matter. The composition of each panel shall consist of at least one faculty/administrator/staff member and at least one student member. The third member may be either a faculty/administrator/staff member or a student member. Board members shall disqualify themselves from serving on a panel if they believe in good faith that they cannot be objective in the matter. The respondent and complainant may object to a member for cause in writing within 24 hours of the written notification of the Board members serving on the panel. The Moderator shall rule on all objections and replace any disqualified members.
How Can a Respondent Accept Responsibility & Sanction(s) Without a Hearing
How Can a Respondent Accept Responsibility (Informal Resolution) and Assigned Sanction(s) Without a Hearing?
The Office of Community Standards may choose to afford a respondent, based on the nature of the alleged violation(s), the opportunity to accept responsibility for violation(s) and accept assigned sanction(s) without a hearing being scheduled via an Informal Resolution.
The respondent shall receive, in writing via SJU email, notice of the alleged violation(s) and assigned sanction(s), and the option to accept responsibility and the assigned sanction(s) or request that the matter be addressed through a hearing. The respondent shall have five business days to request that a hearing be scheduled. Failure to request that a hearing be scheduled shall be considered acceptance of the proposed Informal Resolution, and no hearing will be scheduled.
Note: The option to accept responsibility without a hearing is not available in cases where probation, suspension, or expulsion from the University are possible outcomes.