ResLifePro.com - A Residence Life Professional Resource Site

index

Main Page	Job Resources	Diversity Resources
Professional Development	Professional Organizations	Graduate Programs
Training and Selection Resources	Programming Resources	Internet Resources
Sample Manuals and Forms	Advising	Student Government
Supervision	Community Building	Leadership Development
RHD Issues	Misc.

Simpson College Student Judicial Council Manual

I. Introduction

Welcome to the Simpson College Student Judicial Council Manual. In becoming a member of the
college discipline system, you have a great responsibility. The manual is designed to:

1. Familiarize you with your role and responsibility as a member.

2. Acquaint you with the purpose, guidelines, and procedures of the residential peer review
process.

3. Assist in teaching you to be an effective member of the board.

II. Membership

A. Characteristics

In their chapter, Training Techniques for Judicial Systems, in New Directions for Student
Services, 39, Enhancing Campus Judicial Systems, Cordner and Brooks identify the following as
   positive characteristics for judicial-body members:
   - creativity
   - strong leadership skills, ability to voice an opinion
   - sensitivity towards others; able to handle volatile or emotional participant in a hearing
   - maturity
   - motivation and energy level
   - acute listening skills
   - fairness
   - inquisitiveness
   - ability to make sound judgements
   - good academic standing

B. Qualifications

   * Council members must be current students at Simpson College.
   * Commitment for the full academic year.
? Participate in and complete training sessions to develop interview and mediation
competencies as well as group consensus and problem-solving skills.
   * Meet as a member of the council on a weekly or as needed basis.
   * Maintain status as a student in good standing, i.e., not on academic or disciplinary
     probation.
   * Serve as a positive role model for other students at all times.

C. Responsibilities

1. To be familiar with all Simpson College behavioral guidelines (general catalog, student
   handbook, housing contract), discipline processes, sanctions, appeals, and be familiar with
   the contents of this manual.
   2. To read and become familiar with all documentation pertaining to each respective hearing.
   3. To arrive at or before the designated hearing time, with pen or pencil and paper (to record
   questions, areas of confusion regarding documentation, etc.), and in the appropriate attire.
   4. To maintain confidentiality of all incident and hearing information and proceedings.
   5. To avoid discussion of any case outside the formal hearing, either before or after.
   6. To maintain and convey an attitude of objectivity, seriousness, and personal respect.
   7. To keep in mind the educational purpose and nature of the hearings and sanctions.
   8. To consider what is the best decision for all involved, i.e., the student, the residence hall
   community, and the college community.
9. To remember that the hearing is not a formal, legislative court trial.
    10. To perform to the best of one’s abilities as a council member.
    11. To maintain accurate written records of the entire proceedings.
    12. To refer to the Student Development Office where appropriate.

D. Code of Ethics

It is essential that the Student Judicial Council member understand the college disciplinary
system. In addition, each member must also be sure and act in an ethical manner at all times.
In order to assist in meeting these goals, the following Code of Ethics for the Student Judicial
Council is adopted and set forth as a proper guide for all Student Judicial Council members. It
is also an indication of what the college community has a right to expect of its Student Judicial
Council.

Expectations:

   1. The Student Judicial Council member should do everything possible in order to promote
     justice and fairness, and thus to serve the individual student, the residence community,
    and the campus interest.
    2. A Student Judicial Council member’s public and official behavior should be beyond
    reproach and free from impropriety, and should serve as a role model for appropriate
     and responsible behavior.
    3. Confidentiality must be maintained at all times. No case pending before the Student
     Judicial Council should be discussed with anyone outside the hearing by any council
    member. In addition, any information elicited during a hearing should be confined to
     the hearing and not shared with anyone outside of the hearing.
    4. No Student Judicial Council member should hear or entertain the merits of any case
     except when sitting as a member of the council in a formal hearing.
    5. When considering any specific situation a Student Judicial Council member should
     always bear in mind that she/he is deciding whether a particular college policy has been
    violated and she/he is not debating the validity of that policy.
    6. Student Judicial Council members should maintain an objective attitude throughout the
     entire proceedings. Members unable to remain impartial while making a decision
     should disqualify themselves from the hearing.
    7. Proceedings of the hearings should be conducted with fitting dignity and decorum and
     should reflect the importance and seriousness of the hearing. Every effort should be
     made to maintain the dignity and worth of those involved.
    8. Any decision the council makes should be entirely based upon evidence presented and
     not upon extraneous information. The council should, however, consider all relevant
    factors when deciding on the disciplinary consequences to follow a student’s violation.
   9. A Student Judicial Council member should not be swayed by partisan demands, public
     clamor, or consideration of personal popularity or notoriety, nor be apprehensive of
    unjust criticism. Any attempt at influence by an outside party should be reported to
     the council advisor immediately.

E. Removal from Position

A council member may be released from his/her position for one or more of the following
circumstances:

   - members who are unable to meet the position requirements
    - members whose behaviors are not in accordance with the ethical standards of the
     council
   - members found in violation of college or residence life policies
   - members who are found breaching confidentiality
   - members who fail to attend hearings without giving prior notification to the council
    chairperson
III. Structure

The Student Judicial Council is composed of nine (9) student members. A full-time Student
Development Staff member acts as a non-voting advisor to the group and as the representative of the Student Development Office. A minimum of five (5) judicial board student members must be present to hear the case.

A. Chairperson

(Criteria are the same as for other council members, with additional responsibilities)
A student member elected by the other council members shall chair the Student Judicial
Council. She/he shall:
   - facilitate the Student Judicial Council hearing.
   - meet regularly with the council advisor.
   - review incident reports and other applicable documentation with the advisor prior to
     hearings.
   - ensure that an accurate written summary is kept for each incident reviewed.
   - sign all outgoing discipline letters on a timely basis.

Guidelines for facilitating review sessions:

   1. Follow script outline (see Appendix A).
   2. Ensure participation from all council members in questioning, discussing, and
    sanctioning.
   3. Briefly summarize the council’s findings and sanctions. Be clear and concise in
    providing the rationale for recommended sanctions.

B. Secretary

(Criteria are the same as for other council members, with additional responsibilities)
A member elected by the council shall serve as secretary to the Student Judicial Council. S/he
shall:

   - ensure that an accurate written summary is kept for each incident reviewed.
   - assist the chairperson with notifications of hearings.

C. Council Members

The Student Judicial Council shall be comprised of students who apply or are nominated and
   approved by the student senate. Consideration will be given to provide varied representation,
i.e., Greek units, theme houses, apartments, independent halls, off campus, etc. Student
Judicial Council members are expected to serve for the entire academic year.

The Student Judicial Council is the only campus wide board to conduct hearings. The housing
unit administrator, Greek coordinator, or another member of the Student Development staff will
   first review the incident and hold a conflict resolution meeting (see Appendix B), or refer the
incident and student(s) involved to the Student Judicial Council or to the Student Development
   Office for an administrative hearing.

The Student Judicial Council will review all documentation related to each case and meet in a
closed hearing, with the person or persons involved. The Student Judicial Council will then
decide if the person or persons involved are responsible for the policy violation in question. The
   Student Judicial Council will then make a recommendation for sanctions relevant to the
violation within the established structure. The Student Development Office has the option of
accepting, rejecting, or altering the council's recommendation. ALL sanctions are administered
   by the Office of Student Development and the final decision rests with this Administrative
   Office.

The Vice President of Student Development reviews appeals by students. S/he, the President of
the Student Government, and a faculty member designated by the student senate will deter-
mine validity of appeals. All incidents being appealed must include documentation and explana-
tion.

D. Advisor

A full-time Student Development staff member serves as the Student Judicial Council Advisor.
S/he functions in the position of advisor without vote during hearing procedures. If a member
resigns, it is the joint responsibility of the advisor and chairperson to notify the student
senate so that steps may be taken to fill the empty position.

IV. Role of the Student Development Office Staff Member

The Student Development Office Staff member, i.e., housing unit administrator, Greek Life
   Coordinator, Coordinator of Residence Life, Associate Dean of Students, etc. assumes a number
of roles throughout the judicial process. These roles begin with the training and supervision of
student staff and follow through to completion of assigned sanctions. There are three judicial
   meetings in which a Student Development Office staff member may play a role. S/he must first
   receive written documentation and then determine the severity of the incident and refer to
the appropriate council or administrative hearing as necessary.

   1. In the Student Development Office staff member conflict resolution meeting:
    - Conduct judicial meetings with low-severity first-time violators and agree upon
      sanctions with that student, refer to Student Judicial Council, or refer for an admin-
     istrative hearing within the Student Development Office
    - Initiate written notification of sanction(s)
    - Maintain records and files

   2. As an advisor to the Student Judicial Council to provide leadership and direction to the
     board in the following ways:
    - Review incident reports with the chairperson
    - Advise the review process and Student Judicial Council meetings
    - Interpret college policy and procedures as applicable
    - Provide in-service training for council members
    - Ensure appropriate follow-up with all individuals involved in the review process
    - Initiate written notification of sanction(s)
    - Maintain records and files

   3. In the Student Development Office Administrative Hearing:
    - Conduct judicial meetings of a more severe nature such that potential sanctions are
      beyond the normal scope of the Hall Director or Student Judicial Council action
    - Conduct hearings for violations occurring too early or too late in the year for the
     Student Judicial Council to meet
    - Initiate written notification of sanction(s)
    - Maintain records and files

V. Role of the Resident Assistant

The Resident Assistant (RA) role in the judicial process is to inform and enforce policies, rules, and
procedures and to report any college policy violations while maintaining good relations with resi
dents. The most important aspect of the staff role is encouraging students to use the judicial system
and to initiate appropriate follow-through. The RA may also make suggestions at the time of
documentation as to what s/he believes to be appropriate action. This is in no way to be considered
binding upon the hearing officer(s) or council making the actual decision, but it does provide oppor-
tunity for the RA to provide input filtered through his/her unique perspective as peer and staff
member.

Reporting college and residence hall policy violations requires staff to accurately document inci-
dents at the onset and to initiate reports. Staff members should encourage students to accept
responsibility for reporting violations.

Normally, the RAs will not be expected to attend Student Judicial Council hearings. To better
assist the council in determining responsibility, RAs may be called upon to answer questions about
the incident that were not represented in the initial report.

VI. Categories of Violations

To assist student in understanding the nature and severity of policy violations, the following gen-
eral framework has been developed. It defines three categories of violations. Each succeeding
category consists of violations considered to be more serious than those of the immediately
preceding category. This is not a binding construct, nor is it an all inclusive list of possible policy
violations, but it does provide a starting point from which council members and others may begin to
establish the particular severity of any given incident.

Category A
    Quiet hours violations
   Escort policy or visitation violations

Category B
    Fireworks (situations involving very little threat to personal safety)
   Vandalism
   Failure to comply with college staff directions
   Verbal abuse or belligerence towards staff members
   Unauthorized entry or use of college facilities (includes students rooms and hall restrooms)
   Theft

Category C
    Fighting or physical assault, sexual assault, or other physical or psychological abuse
   (this includes harassment)
   Fire safety violations
   Weapons violations
   Fireworks (situations involving greater hazard to personal safety)
   Vandalism of a more significant nature
   Drugs

For alcohol policy violations, see page 14

VII. The Process of Peer Review

Under the peer review process, the primary responsibility for student conduct rests with the
   student. The disciplinary process begins when any individual violates college or residence hall
   policy. An individual student or staff member may make a complaint regarding the conduct of
another member. When a staff member (Resident Assistant or campus Security Officer) be-
comes aware of a violation, the following steps should occur:

   1. If appropriate, ask the student if s/he has approached the offending person regarding
     the specific behavior problem;
   2. If this fails, the staff member may approach the offending person and work with
     him/her one-on-one, or initiate a mediator role between the two students.
   3. If the situation can not be resolved using steps 1 and 2 above, the complaining student
     and/or staff member may complete an incident report. In a serious or unresolved situ-
    ation, a Student Development Office staff member may initiate a conflict resolution
     meeting and/or refer the matter to the Student Judicial Council or to the Student Devel-
    opment Office for an administrative hearing.
   4. A hearing will be conducted by the Student Judicial Council or Student Development
    Office staff member(s). These decisions can be appealed to the Vice President for Stu-
    dent Development.

Any student can be brought before the Student Judicial Council. A resident can be brought
   before the Student Judicial Council if guests of that resident are engaging in activities or behav-
iors which violate policies.

Reporting Violations
(Refer to flow chart in Appendix I.)

Options and Alternatives

   a. The Student Development Staff member may schedule a conflict resolution meeting
     time. The student who allegedly was in violation is informed of the date, time, and
    location of the meeting. If the student does not attend, she/he will be referred to the
    Student Judicial Council.
   b. The Student Development Staff member may decide the incident should be reviewed by
     the Student Judicial Council.
   c. The Student Development Staff member contacts the Student Judicial Council Advisor
    and forwards the incident report.
   d. The Student Judicial Council Advisor notifies the student to inform him/her of the date,
    time, and location of the Student Judicial Council session.
   e. The Student Development Staff member may believe the alleged violation of severity
     such as to warrant action by the Student Development Office and refer the incident and
    student directly there.
   f. The Student Development Staff member may schedule an administrative hearing if the
     Student Judicial Council is not able to meet.

General Procedures

The Student Development Office strongly believes that the disciplinary system has two primary
goals: (1) to give our campus student community an element of control, and (2) to make the entire
judicial process an educational and developmental experience for students.

1. Background—
   Most students have not thoroughly read the student handbook and housing contract. Few
   understand the rationale behind policies. When rules are enforced, it is not a matter of
   simply matching behavior with the rule and initiating an incident report because there is
   apparent conflict. The rationale behind this action needs to be explained.
   2. Confrontations—
    When staff are involved, the preferred action for the RA is to confront the individual,
   explain the policy and rationale, and request consideration and voluntary compliance. If
   compliance is not achieved, further action is in order. The RAs have been instructed on how
   to confront and when and what to document. If an individual is intoxicated, it is useless to
   explain the rationale at that time. This discussion should happen in a follow-up conversa-
   tion the next day when the individual is sober. In every case, the incident should be docu-
   mented. This may not be in a formal incident report. However, some sort of notation that
   includes names, dates, time, and the nature and action taken is required.
   3. Arbitration—
   In the event of a referral to the Student Judicial Council, the chairperson is responsible for
   clarifying the facts, making sure the student understands the policy violated and the ration-
   ale behind the policy. It should generally be assumed that the information on the incident
    report is factual. There is little, if any, incentive for RAs to go out of their way to confront
   individuals and initiate incident reports containing false information. (This may not always
   be the case if the complaint is filed by another resident.) It is necessary that the chair-
   person clarifies and makes sure the student understands the dynamics of who, what, when,
   where, why, and how his/her behavior has resulted in an appearance before the Student
   Judicial Council.

   Hearings are not open to the public.

   Hearings are primarily administrative and shall be conducted in such a manner as to do
   substantive justice. Formal rules of evidence and courtroom procedures shall not be appli-
   cable to disciplinary proceedings conducted by the Student Judicial Council.

   As indicated above, the majority of students do not understand why the policy is in place
    and/or why it is being enforced against them. One of the most important parts of the
   arbitration process is to make this clear.

   Some students feel compelled to distort the truth to benefit their cause. There may even be
    incentive to do this. Manipulation of the process, whether by the Student Judicial Council,
   chairperson, advisor, complaintant, or violator will not be tolerated.

   When a student is alleged to have violated a policy and is referred to the Student Judicial
    Council, it shall be his/her choice to attend the hearing or not. If the student chooses not to
    attend the hearing, the hearing will be held in his/her absence. In the event that the
    student chooses not to attend the hearing, it may be difficult for the council to fully appreci-
   ate the student’s point of view in rendering a decision.

4. Sanctions—
   The Student Judicial Council will recommend a formal sanction to the advisor. The Student
   Judicial Advisor will then communicate to the student, by a formal letter, the details of the
    decision and the reasons for the decision. This will be prepared by the chairperson or
    advisor or his/her designee. In addition, the advisor to the council may meet with the
    student following the hearing. At this meeting, the advisor will discuss the decision with
   the student, and the actions necessary (if any) which accompany that decision. It will be the
    student’s responsibility to schedule this meeting if desired.

   The letter will be sent by campus mail. The student will then be expected to follow through
    with whatever actions may be required of him/her.

   Failure to comply with sanctions recommended by the Student Judicial Council and admin-
   istered by the Student Development Office will be considered appropriate grounds for
    additional disciplinary consequences. These may come from the Student Judicial Council,
    or may result from a referral to the Student Development Office.

Specific Hearing Procedures

1. A written summary of all formal proceedings will be maintained by the SJC. A minimum of
five judicial board members and one advisor must be present for the hearing to occur.
   2. Prior to the student’s appearance before the council, the chairperson will present the case so
    that each council member present will be familiar with it. All applicable documentation
    shall be reviewed. The council shall only be concerned with the specific violation which has
   resulted in the referral. However, it may be appropriate to consider prior incidents in which
    the student was involved in determining a sanction.
   3. The chairperson shall ask if any member believes s/he will be unable to render a just and
   impartial decision in the case. Members who cannot be impartial shall be disqualified at
    this time.
   4. The chairperson shall then invite the student before the council and make all introductions.
    The hearing process should also be explained at this time, including the student’s rights.
   5. The Chairperson of the board will state the incident and specific alleged violations, as
   recorded on the incident report and/or any other appropriate documentation.
   6. The student will be asked if s/he has anything to add to or disagree with in the documenta-
   tion and the council will ask questions for clarification or further information from the
    student. Discrepancies should be addressed and clarified.
   7. The council will discuss the behavior in question and how it is a problem for the community.
    Every effort will be made to ensure that the student understands the nature of the problem
   and what his/her rights and responsibilities are in the future.
   8. The student will be given an opportunity to ask any questions s/he may have about the
   incident or the process.
   9. The student will be asked what s/he believes is an appropriate decision in the matter.
      10. The student will be informed that the council will make a decision and communicate that
   decision to the student by letter as soon as possible.
      11. The student will be informed that questions regarding the council’s decision may be brought
   to the council advisor.
12. If there is not time, the council will go on to the next case and discussion will follow.
   13. The first item of discussion will be to determine whether or not a violation has occurred.
   The incident and all pertinent information will be discussed until a decision regarding
   responsibility is reached.
   14. If it is determined that a violation has occurred, the council will then go on to discussing
   appropriate sanctions to recommend.
   15. In considering sanctions, the council may review the student’s prior history where appli-
   cable.
   16. The council may choose to take no action due to missing, incomplete, or inconsistent docu-
   mentation.
   17. The council may choose to postpone decision making for the purpose of obtaining further
    information about the incident.
   18. Decisions of the council will be communicated to the student by formal letter along with
    information about the appeal process.
   19. The communication method of choice will be a meeting with the council advisor. At this
   time the council’s decision will be discussed with the student. The advisor will also discuss
    the appropriate actions for the student in response to the council’s decision. The advisor
   will also explain the appeal process.
   20. Should the student choose not to meet with the council advisor, the student will be expected
    to follow through with the required actions without benefit of this discussion.
   21. A duplicate copy of the notification will be placed in the student’s file in the Student Devel-
   opment Office.
   22. All voting will be anonymous with regard to the minutes, and only the council’s decision will
    be recorded.
   23. Administrative follow-up
     a. The letter of sanction is issued to the student within three (3) working days from the
      date of the hearing conclusion.
     b. People who receive copies of letters may include:
       - the student
      - the hall director for the hall where the incident occurred (if applicable)
      - the student’s hall director if different from above
      - the student’s student development file
      - the student athlete's coach
     c. All sanction letters must inform students of the appeal time frame and process.
     d. Sanction obligations and responsibilities should be discussed and arrangements made.
     e. Students placed on hall probation or restriction should be listed in the RA duty log for
      the hall.

Appropriate Sanctioning

Discipline in order to maintain a community living environment in the residence halls and on
campus that is conducive to personal, social, and educational growth is very important. Sanc-
tioning in a just and appropriate manner can be the most difficult part of the discipline process,
yet it can also provide very positive and educational results for the student involved when
   carefully and appropriately assigned.

The role of discipline is not punishment, restriction, or obligation on violators of policies. The
main goals are to help the student learn self-discipline, assist the student in accepting responsi-
bility for his/her actions, as well as accepting the consequences of these actions. The challenge
   is to create positive learning experiences from which the student can obtain the skills needed to
reach these goals.

It should be helpful to keep the following in mind when determining sanctions:
   - the unique circumstances surrounding each incident; from what will the student benefit
   most?
       - the welfare of the community is as important as that of the individual
       - sanctions should fit the individual and the situation, not just the violation
       - prior sanctions assigned for similar and/or past incidents
       - the severity level of sanctions should increase for repeated violations or number of incidents
       - full monetary restitution should be included in any incident that involves accidental
   breakage or vandalism

Sanction Categories

Dependent upon the nature of the incident and the above factors, a category of sanctioning should
first be determined. This process should be facilitated by the framework given above which
identifies appropriate categories for specific kinds of violations. It should be remembered that
the framework is only a general model to be used as a starting point. Not all violations will fit the
model. Some violations may by appearances belong in one category, but in considering all details
may be more appropriately placed in another category. Educational sanctions/projects are added to
the sanction category to facilitate the student’s learning from the experience and to increase the
severity of a particular category.

Category
A
a. First Offense - $10 fine and/or equivalent community service.
b. Second Offense - $25 fine and/or equivalent community service.
c. Third Offense - $50 fine and/or equivalent community service (four category A offenses will
   result in an automatic assessment at the Category B Second Offense).
B
a. First Offense - $50 fine and/or equivalent community service.
b. Second Offense - $100 fine and/or equivalent community service and disciplinary probation
   recommendation, and for chemical violations, chemical dependency assessment and
   mandatory compliance with recommendations.
c. Third Offense - $100 and/or equivalent community service and suspension recommendation.
C
a. First Offense - $100 fine and disciplinary probation, recommended for chemical violations,
    chemical dependency, assessment and mandatory compliance with recommendations and/or
   recommended finite suspension.
b. Second Offense - $100 fine and recommended indefinite suspension.

Other actions may be taken in lieu or in addition to those listed above.

Alcohol Policy Violations (Individual)

When the alcohol policy is violated only by creating excessive noise or carrying an open container of alcohol in a public area, the student may receive a verbal request to remedy the situation. This request will be noted as a warning in an activity log. After a verbal warning has been issued to a student, any subsequent violations of the alcohol policy will result in action as follows:

Level 1 - This represents a first violation of the alcohol policy where the student is cooperative
    with staff and aggravating circumstances are not present. Violation of this type will
    result in a fine of $50.00, restitution for any damages, attendance at an alcohol educa-
    tion program, and community service. Deferred judgements may be given for first
    offense violations.

Level 2 - This represents a second alcohol violation or a serious first violation where aggravating
    circumstances are present and/or the health and safety of an individual is in question.
    Students with these kinds of violations will be fined up to $100.00, assigned 10 hours of
    community service, and referred to an alcohol education program. Restitution will be
    required for any damages associated with the violation. Non-resident students who are
    found responsible for these kinds of violations in the residence community will be res-
    tricted from the halls. Students may be referred for assessment with an alcohol treat-
    ment consultant and may be subject to disciplinary probation.

Level 3 - This represents repeated violations beyond Level 2 of the alcohol policy and/or other
    residence hall or college policies while visibly under the influence of alcohol. Students
    with these kinds of violations will be fined $100, assigned 10-25 hours of community
    service, referred for a chemical dependency assessment, and placed on disciplinary
     probation. Restitution will be required for any associated damages. Resident students
     found responsible for these types of violations will be suspended from the halls for a
    specified period of time (no refunds of room charges will be given for the suspended
     period). Probationary status will restrict the student from representing the college in
    any official capacity including student government, theatre, music, athletics, etc. for a
     specified period.

Level 4 - This represents a violation of the alcohol policy after a student has been found respon-
    sible for a Level 3 violation. Students found responsible for this type of violation will be
     suspended from the college for a minimum of one semester. Students should have the
     option of completing an assessment at Powell III Treatment Center and agreeing to
    comply with the recommendations of the assessment. Students choosing this options
     would remain on probation.

(In all cases where individual fines are assessed, the money will be used for alcohol education programming; speakers, resources, etc.)

Alcohol Policy Violations (Group)

When the alcohol policy is violated by campus groups or organizations as an activity of the group/organization, the group/organization will be subject to sanctions as a unit. Group/organization sanctions may include fines up to $500, social probation, educational sanctions, community service, and loss of recognition.

(In all cases where group fines are assessed, the money will be used for alcohol education programming.)

Educational Sanctions

An educational sanction may be added to any level of sanctioning. Use of these sanctions is encouraged because of their educational value for students.

Appropriate and creative educational sanctioning in discipline cases can be an ideal route to a student’s learning of self-discipline, consequences of actions, and taking responsibility for his/her behavior. Educational projects focused on self-improvement or restitution rather than removing privileges or placing additional restrictions on students can mean longer lasting and greater behavioral change, although it is sometimes necessary to remove privileges as a part of sanctioning.

Before an educational sanction is assigned, some guidelines must be considered:

1. The nature of the infraction; make the project fit the offense
2. The dependability of the student; can he/she work without supervision?
3. The student's individual capabilities and interests
4. Attitude of the student (probably most important)
5. Amount of time the project will require; longer, more involved projects should be assigned to
   more serious infractions.
6. What would be the most effective learning tool for the student (another key element)?

Suggested educational sanctions:

1. Service projects: constructive projects designed to give the student a better understanding of
   how his/her behavior impacts the community.

   - cleaning assigned areas: bathrooms, hallways, public areas, scrub walls, wash windows,
    empty trash, repairs/restoration of areas: straighten public area furniture, design an in
    formational/educational bulletin board, make a poster for public areas, assist an RA in
    conducting building safety inspections, inventory fire/life safety equipment, log mainte-
    nance needs
   - community service project (keep appropriate)
2. Letter of apology: to be delivered to the injured party, the Student Judicial Council, staff
member, or the community (very limited use).
3. Transfer: to another room in the same building or another building in order to begin a positive
   experience in a new environment.
4. Counseling: recommend counseling at the college counseling center or appropriate community
agency in order to facilitate student’s addressing of personal issues.
   - refer for chemical dependency assessment
   - required compliance with recommendations of assessment
5. Loss of privileges: remove use of or access to important facility or privilege.
6. Restitution: payment for repairs and/or replacement due to accidental breakage or vandalism.
7. Newsletter articles: write an article for floor/hall newsletter which explains policy, including
rationale and consequences: develop a building/floor newsletter under guidance of hall director.
8. Behavioral contract: develop guidelines which resident must adhere to in his/her community.
9. Meeting with college personnel relevantly connected with the policy to discuss implications of
actions, include a written summary of the meeting: consult with a faculty member for an
appropriate project
10. Residential community service: any service or project to the community which facilitates a
   better understanding of their actions upon the residence community.
   - walk rounds with RA
   - implement program for floor or building
   - attend program and submit written summary
   - complete a roommate contract
   - rounds with custodial personnel
   - walk rounds with security personnel

VIII. Procedures in the Event The Board Cannot Convene

? Incidents which occur during a break or at the end of a term, and which are beyond a hall director conflict resolution meeting can be heard by an administrative hearing.

? If a student has a legitimate objection to every member on the Student Judicial Council, the incident can be heard in an administrative hearing.

? If the Student Judicial Council or the administrative hearing determines a further administrative hearing is warranted to pursue sanctions beyond their scope, they may make that recommendation along with the appropriate sanctions.

IX. Criteria for Appeals

Appeals are a means of ensuring that student’s rights are upheld and that all students receive just
treatment as they go through the judicial/disciplinary process. Appeals must be written and sub-
mitted within 72 hours of issuance of sanction notification (except in the case of new evidence). The
appeal will be evaluated to determine if valid grounds exist for an appeal hearing. The student will
be notified within one week if and when the appeal will be heard. All appeals of primary decisions
are submitted to the Vice President for Student Development.

Appeals may be made for the following reasons:
- failure of the Student Judicial Council or administrative hearing to adhere to proper proce-
   dures as outlined in the Student Judicial Council manual or other established guidelines
   (i.e., notification of violation was not given, confidentiality was jeopardized, etc.).
- unusual conditions or the addition of new, relevant information.
- excessive or inconsistent sanctions.

A student may not appeal based only upon his/her dissatisfaction with a sanction.

Appeals will result in one of three possible actions:

1. Initial decision is supported.
   2. Initial decision is modified or removed.
3. Appeal is determined to be frivolous or unfounded. This will result in either leaving the
   initial decision as stated or more serious action being taken. The later will occur if the
    appeal made can be seen as being a nuisance appeal and/or if the initial decision is deter-
   mined to be an insufficient resolution to the matter. Determination is made by the Appeal
   Board.

X. Student Rights within the Peer Review Process

1. The right to a timely hearing.

2. Notification of the exact nature of the alleged violation, and the time, date, and place for the
hearing.

3. To have a minimum of 48 hours notice prior to the hearing, unless otherwise agreed to.

4. To know the identity of the complainant.

5. Availability of a hearing of one’s peers.

6. To view any written documentation being used in the hearing.

7. To submit any additional relevant information prepared.

8. To question adverse documentation presented during the hearing.

9. To present one’s own case.

10. To ask that a member reviewing the incident withdraw. (Based upon reasons given for the
request, the council advisor will determine the validity and grant or deny such a request.)

11. To hear all information the council will use in making a decision.

12. To have an advisor, of the student’s choice, present during the hearing. (The advisor cannot
address the council, but the student may confer with him/her during the hearing.)

13. Formal notification of the decision made.

14. Notification of, and utilization of, the appeals procedure when an appeal is valid.

15. The opportunity to discuss the judicial process further with the advisor prior to the hearing
and/or following the hearing.

APPENDIX A

Script for Chairperson

Invite all individuals into the hearing.

“This hearing will now be convened. I’m (name) and I will be chairing this hearing. I am a voting member of this council. The other members of the council participating in this hearing will introduce themselves and state whether they are a voting or non-voting member. Beginning on my far right, (names of voting and non-voting members).”

“The Student Judicial process is designed to provide students with an opportunity for influence in disciplinary decision making in the campus community. Our judicial process encourages responsible behavior and
assists students in understanding and accepting responsibility for their actions and for their impact in the community.”

“The purpose of this hearing is to determine the responsibility of (name of student(s) involved in incident) for violating (policies involved).”

Have you read the incident report you are identified in?” (If not, read it to student). "Have you reviewed your rights in the peer review process as outlined in the student handbook? " (If not, read them to student) “Before we start, do you understand the process of what will happen?” (If not, explain).

“Please describe in your own words what happened at (time) on (date) in (room, hall, or area).”

Ask further questions of student(s) involved.

- Check the student’s understanding of college policies

- State of mind at the time of the incident

- Level of responsibility

- Notion of community responsibility, etc.

Complete your questioning as a board. (Ask the council) “Do any of the council members have any further questions?”

Ask the student, “Do you have any further questions?”

“The council will now discuss this incident and determine your responsibility. You will receive written notification of our decision within three (3) working days. Thank you for attending the hearing.”

APPENDIX B

Outline for Student Development Staff Member Conflict Resolution Meeting

Staff member makes contact with student by letter (see Appendix C) the student needs to contact him/her and schedule an appointment by a certain date and time. If contact is not made, the incident is referred to the Student Judicial Council.

Format of meeting:

1. Introduce self and role in meeting.

2. Thank student for attending the conflict resolution meeting. Explain that this is not a discipli-
nary hearing. Hearings are conducted by the Student Judicial Council or in an Administrative
Hearing.

3. Discuss the purpose of the meeting. Reasons include:

   - to give students a full explanation of the disciplinary process;

   - inform students of their rights in a hearing should they want, or get sent, to a Student
    Judicial Council hearing;

   - explain the concept of “responsible freedom.” The concept is described as each individual
    having an impact on his/her living environment and when a student chooses to violate
    residence life or college policy he/she will be held accountable.

4. Have student explain incident in his/her own words.

   - If student accepts responsibility, ask him/her whether he/she would like to go on with
    this meeting and resolve the incident or whether he/she would like to go directly to the
     Student Judicial Council.

   - If student does not accept responsibility, the staff member would then make a determi-
    nation. The staff member may believe the student is denying responsibility and would
    benefit from a Student Judicial Council hearing, or the staff member may believe the
    student is genuinely not responsible and the incident would end at that point.

5. Ask the student probing questions to determine more details of the incident, likelihood of recur-
rence, and any behavioral or attitude issues.

6. Explain the applicable residence life or college policy and rationale.

7. Work toward resolving the incident by determining an appropriate sanction. If the student
agrees to fulfill the sanction, the incident would then be resolved. If the student chooses, he/she
   can appeal the sanction and the incident is then forwarded to the Student Development Office
   for a formal hearing. If the staff member believes a more serious sanction than she/he is author-
ized to impose would be in order, she/he would also refer the incident on. In the instance where
   the incident is resolved at the conflict resolution meeting level, the staff member would write up
the sanction letter in consultation with the Student Development Office and then send it to the
student.

APPENDIX C

Incident Notification

September 28, 1993

Sam Mason
Box 8003
Simpson College

Dear Sam:

I have received documentation indicating you were involved in a violation of the alcohol policy, on September 25, 1993. If you wish to discuss this incident with me, you will need to contact me before 4:30 p.m. September 30, 1993. If I do not hear from you by this time, I will refer this incident to the Student Judicial Council.

My office is located in the lower level of BSC or you may phone me at extension 1533. I am confident that with your cooperation we can quickly resolve this matter.

Sincerely,

Steve Dixon
Associate Dean of Students

SD/ew
APPENDIX D

Conflict Resolution Meeting Follow-up Letter

Date

Name
Box #
Simpson College

Dear _______________:

On ________________________________ we met to discuss the incident in which you were involved regarding the following policy violation(s): ____________________________________________________________________.

Our discussion has resulted in your taking responsibility for the above violation(s). You understood the rationale for having such policies and agreed to the following sanction(s): ______________________________
___________________________________________________________________________________________________.

This letter serves as official notification and a copy has been placed in your Student Development file. Although this letter does not place additional restrictions on your activity on campus, any further violations
of college or residence life policies may result in more severe sanctioning.

Sincerely,

Steve Dixon
Associate Dean of Students

cc: Student file
Disciplinary Notebook
Hall Director

APPENDIX E

Student Judicial Council Hearing Notification

Name ___________________________________ Date ___________________________
Address _________________________________ File # __________________________

Documentation has been received indicating you were involved in a violation of the college policy regarding __________________________ which occurred ___(DATE)___ in ______(PLACE)_______. Therefore, you have been referred to the Student Judicial Council. Your hearing is scheduled for ____(TIME)_____, ___(DATE)___, at _____(PLACE)_____.

If you wish to view the documentation regarding this incident or discuss the hearing process prior to the hearing, please contact Becky Moser, Student Judicial Council Advisor. A copy of your rights in the judicial process is printed on page ____ of the Student Handbook.

Please be advised, if you do not attend the hearing, the Student Judicial Council will go ahead and hold the hearing in your absence. If that becomes necessary, they will unfortunately not have the benefit of your
input.

If you have any questions or concerns, please contact Becky Brown the Student Judicial Council Advisor at extension 1711 between the hours of 8:00 am and 4:30 pm.

APPENDIX F

Decision/Sanction Letter

Date

Name
Box #
Simpson College

Dear:

On _____________ the Student Judicial Council found you responsible for the following violation(s):

Simpson has established policies and guidelines for members of the campus community. These standards of conduct are applicable to all community members and are designed to guarantee students and staff the right to live, work, and study in an environment free from disturbances caused by violations of these standards. Community participation is a privilege. When an individual becomes a part of a community, she/he makes an agreement to live by the established and stated guidelines accompanying that agreement. Continuation of that privilege is entirely contingent upon the willingness and ability of the individual to live by those guidelines.

Your behavior was in violation of these community standards. As a result of this behavior the Council has imposed the following sanction(s):

If you have any questions or concerns about this decision, the rationale, or the appeals process, we encourage you to schedule an appointment to see Becky Moser, the Student Judicial Council Advisor. You may reach him at extension 1711 between the hours of 8:00 am and 4:30 pm.

Sincerely,

Student Judicial Council Chairperson Student Judicial Advisor

APPENDIX G

Student Judicial Council Record

Student ID #: ___________________________________________________________File # ___________________

Last Name:____________________________ First Name:___________________________ M/F:______________

Address:___________________________________________________________Box #:________________________

Incident Date:___________________Incident Location:_________________Incident Number:_________________

......................................................................................................................................................

Policy Violation(s):        Responsibility
________________________________________   _______ ___________________________
________________________________________   _______ ___________________________
________________________________________   _______ ___________________________
________________________________________   _______ ___________________________
________________________________________   _______ ___________________________

Sanction(s):______________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________

Resident attend hearing?____________________________________________ Appeal?________________________

......................................................................................................................................................

___ Arrange hearing date:_________________________________ & time:_______________________________
___ Notification of hearing sent to student at least 48 hours prior to hearing.
___ Package slip/or hand deliver; Date:_____________ Time:____________
___ Decision letter sent (package slip): Date:__________________________
___ Forward copies to Student Development Office

......................................................................................................................................................
___ Appeal submitted: Date:______Hearing Granted?_____Hearing Date:______
___ Changes in original sanction(s) as a result of hearing:______________
________________________________________________________________________________________________
________________________________________________________________________________________________
Appeal decision letter to student (package slip): Date:___________________________________________
The Student Development Staff Member may initiate a conflict resolution meeting and/or refer the matter to the Vice President.

The content on these pages was originally provided by Brian C. Steinberg, the founder of http://www.theallygroup.org and http://www.safezoneforall.com (Creater of the previous: http://www.residentassistant.com/reslifepro)