Delegation of Authority for Non-Academic Discipline
Major governing groups and the administrative units to whom they are responsible, (i.e. Student Life, Residence Life, and Area Coordinators) are authorized by the Dean of Students to develop rules, regulations and judicial procedures to protect the rights of their student mentors/residents. Conduct boards or courts may enforce College and/or hall regulations involving members of their groups provided that student fair process procedures are articulated or rendered. The actions of student organization disciplinary boards do not, however, take the place of the College’s formal disciplinary process should there be an alleged violation of College policy.
Reducing and/or Rescinding Sanctions
Reviewing authority is retained by the Dean of Students, at his/her discretion, to convert any sanction imposed to a lesser or more severe sanction or to return a recommended sanction to the conduct officer or hearing body.
Confidentiality of Disciplinary Records
All findings, files and proceedings of the College judicial system are confidential and protected by College safeguards against improper disclosures of confidential student records. Information from disciplinary records are not made available to unauthorized persons on or off campus, without the expressed written consent of the student involved, except under legal compulsion or if the safety of the student or other persons may be in question. To the maximum extent possible, victim’s identities and personally- identifiable information will be excluded.
Records regarding disciplinary actions imposed against individual students are generally maintained by the Office of the Dean of Students for seven (7) years after which they are destroyed. Exceptions to the general policy are the sanctions of suspension, expulsion and cases involving any type of sex discrimination for which the records are permanently maintained.
Reporting Disciplinary Action
It is the policy of Loras College to require all members of the College community, including hearing officers, student governing boards and faculty and administrators, to report any disciplinary action taken against individual students, whether academic or non- academic in nature, to the Office of the Dean of Students. This disciplinary report will become a part of the student’s disciplinary record and be administered under policies governing the Dean of Students.
Discipline Procedures
All students enrolled at Loras College are responsible for rules and regulations set forth for cultivating a healthy community standard. The responsibility of administering the discipline system is delegated from the Loras College Board of Regents to the Dean of Students by the President. In turn, the Dean of Students may further delegate disciplinary/judicial authority to Student Life, Residence Life, Campus Safety, and other areas as needed. Each of these groups may be authorized to handle violations of the code of student conduct. All cases should be resolved at the lowest possible level.
Statement of Limitations
No student shall be subject to disciplinary procedures due to alleged violation(s) of College policies unless procedures are initiated within one year from the time the alleged misconduct occurred or was made known to the Dean of Students Office, whichever occurs later. This limitation will apply only when the student is enrolled at Loras College.
Hearing Officers
Area Coordinators may serve as the initial hearing officers authorized to deal with incidents contrary to College or residence hall policy. Area Coordinators may dispense sanctions, impose disciplinary measures and recommend suspension/expulsion from the College.
The Assistant Dean of Students and her/his designee may initially hear cases pertaining to violations of policy in Residence Life. Review of Area Coordinator sanctions will be heard by a representative from Student Life or Residence Life. Typically, policy infractions and incidents contrary to College policy are handled initially within the context in which they occur. Incidents that occur off campus may initially be heard by the Student Life Office.
College Hearing Board
In the event of an incident involving possible sanction of suspension or expulsion, the incident will be considered by the College Hearing Board. This board is chaired by the Associate Dean of Students or his/her designee and includes appointed representatives from the Loras College community: two students, two faculty members and two staff members. These appointed individuals, approved by the Dean of Students, are the voting members of the Hearing Board. The chairperson may vote in the event of a tie. A secretary will be appointed to take minutes of the proceedings; however, recording devices are not permitted during the hearing or any preparation meeting. In some instances, at the discretion of the Dean of Students or his/her designee, a formal administrative hearing may be held due to the nature of the complaint or infraction of College policy. In instances of Title IX hearings, as indicated in Questions and Answers on Title IX Regulations on Sexual Harassment July 2021, rules of decorum may be established for hearing boards, and will be shared with participants at the time of the hearing.
Due to the extensive documentation required to prepare a case for the college hearing board, respondents who are referred to the college hearing board will be charged a $50.00 administrative fee. This fee will be refunded in the event the respondent is found not responsible for any allegations.
Procedures
The respondent will be advised of the specific charges being brought against him/her in advance of the hearing. If the board proceedings involve a complainant other than the college, the complainant also has the right to a prehearing notification meeting. If the student does not appear at the established hearing time, the case shall be heard without the student being present.
During the course of the hearing, the respondent will be allowed to respond to any alleged violations presented, ask questions of the complainant and/or witnesses and present a summary of the case. Please note that per the United States Office of Civil Rights in hearings related to any type of sex discrimination, the complainant and the respondent are not to personally question or directly cross-examine each other during the hearing, as allowing so may be traumatic or intimidating for the complainant, thereby possibly escalating or perpetuating a hostile environment.
After the hearing has been completed, the board (or administrator) will retire to closed session to determine if the respondent is responsible or not for the policy infraction. If the student is found responsible, the board (or administrator) will determine an appropriate sanction and the date of its implementation. The decision of the board will be presented in writing to the respondent as soon as possible. Under applicable Clery Law and Title IX Law, in instances involving violent crime or any type of sexual misconduct, the complainant will also be notified in writing, and simultaneously, of the outcome of the hearing in the manner described as appropriate under these laws. If the student is suspended or expelled, the date of implementation is the date of the board or administrator decision, and such date is non-negotiable. The decision of the College Hearing Board (or administrator) will be effective immediately unless a timely petition to review has been filed. Please note, in the event of a hearing for any type of sexual misconduct, Title IX Law requires the incident related to the sex discrimination be heard independent from any other code of conduct violation allegations.
Per Title IX regulations on sexual harassment, cases of this nature are required to provide for a live hearing with the opportunity for cross-examination to be conducted by each party’s advisor of choice. In the event a party does not have an advisor to assist with cross-examination, the College will provide an advisor to assist. A live hearing may occur virtually, with parties to simultaneously see and hear the party or witness answering questions. Any party may request the entire hearing including cross-examination be held virtually, and the College must grant that request. The party does not need to provide a reason for this request.
If a party or witness does not submit to cross examination, the individual’s statements cannot be relied on by the hearing board in determining whether the respondent engaged in the alleged harassing event (even if the individual is unable to participate in the hearing due to death or disability). Police reports, medical reports, and other documents and records may not be relied on to the extent that they contain the statements of a party or witness who has not submitted to cross examination. The hearing board may consider certain types of statements where the statement itself is the alleged harassment, even if the party does not submit to cross-examination. For example, a text, email, or recording sent by a party is permissible even if there is no cross examination. In these situations, the hearing board is evaluating whether the statement was made or sent. If a party or witness submits to cross examination but does not answer a question posed by the hearing board, the hearing board may still rely on that party’s statement.
Hearing Board Advocates
Both the respondent and complainants may have an advocate (faculty, staff or peer) present at the hearing or appear without the assistance of an advocate. In the event that the hearing board is held to address a Title IX violation that involves sexual misconduct, respondents and complainants may choose any individual, including legal counsel to serve in the advocate role; however, the advocate must act within the described role of the advocate as listed below. The identity of attending advocate must be submitted to the Associate Dean of Students or his/her designee 48 hours prior to the hearing.
The advocate may:
- Advise the student on the preparation and presentation of the case and/or;
- Accompany the student to the hearing(s)
The advocate may not:
- Present the case or summary of the case for the student;
- Directly address the college hearing board
Review of College Hearing Board Decisions
Review of a decision of the College Hearing Board may be petitioned by a respondent who has been suspended or expelled. Under Title IX law, in the instance of any type of sexual misconduct, a petition for review may also be filed by a complainant. The written petition for review must be written and prepared by the student, and filed in the Dean of Students’ Office within three business days of notification of suspension or expulsion, and must also include reasons for the request and the factual information to substantiate those reasons. The request for review must be based on one of the following:
- The student believes the College Hearing Board decision was flawed procedurally.
- Loras College Student Handbook policy was not applied correctly.
- New information not available at the time of the College Hearing Board meeting is now available, which could alter the outcome of the case.
The request for review will be considered by a Review Board, appointed by the Dean of Students and consist of one faculty member, one staff member and one student. If the Review Board determines there is valid basis for review, a review hearing will be scheduled. Following the review hearing, the Dean of Students or his/her designee shall recommend a course of action to be taken. The recommendation may include:
- Affirm the decision of the College Hearing Board.
- Remand the case to the College Hearing Board with instructions for a rehearing.
- Modify the sanction(s) imposed by the College Hearing Board.
- Reject the decision of the College Hearing Board and dismiss the complaint.
- The decision of the Dean of Students or his/her designee is final.
Hearing Board Witness
Both the complainant and respondents may also have witnesses available to be brought in during the hearing. The Associate Dean of Students or his/her designee needs to be notified 48 hours in advance of the identity of any witnesses asked to attend the hearing. Both complainant and respondent may bring incident witnesses. An incident witnesses is someone who is present with the questioned behavior occurred. Neither the complainant or respondent may bring character witnesses to the hearing; however, both the complainant and the respondent may provide two letters of character to be submitted to the college hearing board as a part of the hearing process. Letters of character should be submitted in advance to the Associate Dean of Students and/or her designee.
Evidentiary Standards for Non-Academic Misconduct
The standard of evidence used by the College is preponderance of evidence, or a determination that it is “more likely than not” a violation has occurred. Hearsay evidence and personal testimony may be considered.
Requests for Accommodations
In all cases of alleged non-academic misconduct, requests for accommodations should be made to the Associate Dean of Students or his/her designee.
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