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Community Board Hearing Procedures
Social Discipline (Community Board) “With individual healing as our goal, rather than merely the establishment of an orderly school, we shall eventually find the result to be demonstrated order, honesty, and purity in the entire body of pupils, and we shall, as a school, become ‘every whit whole’” (Mary Kimball Morgan, Education at The Principia, p.19). In all its activities, Principia promotes healing and character education. Within this context discipline proceeds from the premise of each student’s innate goodness and perfection, and its goal is to help students develop their spiritual relationship with God and their moral relationship with others. Alleged Code of Conduct violations that are discovered and reported are referred to the Community Board (except those associated with sexual harassment charges which are referred to the sexual harassment advisor). A case may be referred to the Community Board (or the sexual harassment advisor) even if the alleged violator is currently withdrawn. The Community Board consists of twenty-six members: sixteen students, ten faculty/staff. An individual case is heard by a panel of two students, and two faculty/staff members. The hearings are confidential. If a situation requires immediate action, the dean of students may temporarily suspend or restrict a student until a panel can hear the case. The dean of students may hear the case if a panel of Community Board members cannot be assembled (e.g. during finals or breaks). Principia College is committed to maintaining a fair process in which students are presumed innocent, are informed of the offenses with which they are charged, and have the opportunity to tell their side of the story. The College keeps its procedures simple and free from legalism. It does not allow community members to divulge to a panel what has been shared with them in confidential counseling, unless permission has been given by the student. Every case is handled individually within a framework of general guidelines and precedents. Upon investigation of evidence in a given case, a charged student may be exonerated with no record of the incident retained in his or her file. All substantiated violations, however, will have disciplinary consequences. The Community Board first determines that there is sufficient evidence that a student has violated the code. If so, it then uses the following guidelines to determine what level of consequence best fits the violation(s). Consequences reflect the severity of the violation, the history of previous violations, and the student’s degree of honesty during the investigation. Dishonesty in any investigation or hearing may result in an additional quarter of suspension. Warning.
Students who are accountable for minor violations generally receive a
formal letter of disciplinary warning, a copy of which will be placed in their
file. They may also be asked to
participate in educational sanctions and, if applicable, to pay damages and/or
fines. Immediate suspension for the remainder of the current quarter. Students who are accountable for typical first-time violations, or multiple lesser violations, generally are immediately suspended for the remainder of the current quarter. Suspended students may not continue work in their courses as of the date of suspension. Withdrawal grades may be authorized through a petition to Scholastic Committee. They may also be asked to participate in educational sanctions and, if applicable, to pay damages and/or fines. Violations discovered when school is not in session will result in suspension for the following quarter. A student can re-enroll after a quarter’s suspension only if he or she is willing and able to abide by Principia’s Code of Conduct. Immediate suspension for up to one year. Students who are accountable for second violations or severe violations generally are immediately suspended for one year. Suspended students may not continue work in their courses as of the date of suspension. Withdrawal grades may be authorized through a petition to Scholastic Committee. They may also be asked to participate in educational sanctions and, if applicable, to pay damages and/or fines. They may reapply through the Admissions Office for the quarter that begins following the passage of a full calendar year. It is the responsibility of the student to demonstrate, through the normal re-application essays and references, his or her readiness to return to Principia and abide by its Code of Conduct. Appeals. Appeals to the deans of students may be made if there is indication of new evidence or that the institution did not follow the fair process outlined above. International Students. Consequences for international students may be more severe, as according to the United States Immigration and Naturalization Service regulations, suspension of an international student on F-1 or J-1 visa status could result in deportation from the United States.
Community Board Hearing Procedures (September, 2005) Mission Statement: The Community Board exists to hear cases of student social discipline brought before it with the goal of supporting and maintaining the Purpose and Policies of The Principia. With healing and reconciliation as its primary objectives, the Board endeavors to express wisdom, responsibility, integrity, and good will in upholding Principia’s standards. I. Administrative preparations coordinated by the Community Board Administrator (CBA) A. CBA discusses process with the person bringing the case forward and/or the damaged party (if there is a victim, department, or house, that has been harmed, vandalized, etc.). The person bringing the case forward may have a silent support person with him/her during the hearing. (This may be a parent.) B. CBA collects all relevant reports and starts case file. 1. “Request for Hearing” form (completed by the person, department, or committee who is bringing the case forward). 2. To minimize paper collection and emphasize healing, the CBA will hear the party’s statements and type up a report. 3. Watchman’s report, Facilities or Housekeeping report, and police report if relevant. 4. If another name comes up in the investigation process, that person will be added to the case, either as a charged student or as a witness, advising the person bringing the case forward. C. The charged student is notified and prepared for the hearing. If there is more than one charged student in the same case, each student’s case may be heard separately. 1. CBA calls the charged student to let him/her know the charges, the time and location of a pre-hearing conference with CBA, and any restrictions on contact with damaged party or witnesses. 2. CBA has pre-hearing conference with charged student to: a. explain hearing process and the charged student’s rights and responsibilities. b. let student tell his/her side of story; identifying witness(es) to be called on his/her behalf and indicating if he/she desires to have a silent support person accompany him/her in the hearing. (This may be a parent.) c. clarify time sequence and facts from charged student’s point of view. d. let the student read any written statements e. asks the student to call his/her parents and explains that the CBA will call if the student does not. f. advises the student that they may have a silent support person present during the hearing. D. CBA identifies any issues/discrepancies between the stories that need resolution in the hearing. E. CBA arranges time, location, chairperson, readings, technical support for hearing, and panel members (2 students, 2 faculty/staff). F. CBA notifies all parties, witnesses, panel members of hearing time and location. G. The panel chairperson goes over the case with CBA to anticipate main issues. H.
The panel members come in and read the file to prepare their “Hearing
Worksheets” and questions. II. II. Panel Hearing A. Panel meets initially without other parties in the room to make sure all preparations are complete including metaphysical foundation established (read a “Rule for Motives and Acts” or other appropriate readings), sense of hospitality present, furniture is properly arranged, etc. (CBA is present as a resource and recorder of decisions.) Members agree to approach each case openly and listen carefully to each person. All members understand the nature of the case. CBA confirms all “Hearing Confidentiality Statements for Participants” signed (including support people). B. If the Chair feels it is necessary to have a private conversation with only the Panel members present, the Chair may ask for a recess. C. Chair invites in the charged student (and his/her silent support person if accompanying), witnesses, person bringing forward the case (and his/her silent support person if accompanying), and damaged party (and his/her support person if accompanying). (In very sensitive cases, the damaged party may opt to participate via video in a separate room.) 1. Chair identifies all parties and makes sure everyone understands the process, what witnesses will be called, the confidentiality policy, and that we are all trying to arrive at a right solution. 2. Chair establishes that witnesses will only be in the room for their individual portion of the hearing and should have no contact with each other while waiting outside the meeting. 3. Chair reminds the charged student and person bringing forward the case that all remarks are addressed to the panel and not to each other. 4. Chair asks a panel member to give brief readings and lead prayer. 5. Chair excuses witnesses until they are needed to return to testify. 6. Chair has the right to separate the charged party and the person bringing forward the case and/or witnesses of either party, if the need arises. D. Chair asks the person bringing the case forward and/or damaged party to provide a narrative account of the incident. E. Chair asks charged party to provide a narrative account of the incident. F. Panel members and CBA direct questions to either party, as needed. At this point, parties may ask clarifying questions of each other. G. Chair asks witnesses to come in one-by-one and give their statements and then be questioned by the panel and both parties. The damaged party’s witnesses are heard first. The parties involved may ask questions only of the witnesses (not of each other). H. Chair thanks witnesses, tells them what will happen next and excuses them. I. After all witnesses have been excused, panel members may further question both parties. At this point the parties may, again, question each other and clarify any remaining points. J. Both parties are thanked, told in more detail the next part of the process, and excused. Before deliberations begin, there will be an internal briefing. The Chair reminds panel members of the process for deliberations which include two steps: first, determining if there was responsibility for the incident, and second, determining what the consequences are to be, if the charged student is found responsible. The panel engages in meaningful discussion to accomplish the following: 1. weigh the testimonies, reports and statements against the “Community Board’s Standards of Evidence” to determine the solid facts. 2. conclude whether the charged student is or is not responsible through consensus or a three-quarters vote (CBA does not vote) 3. develop what should go into the panel’s report of the decision. (CBA documents the decision.) 4. The panel may adjourn and reconvene the next day, if needed. K. If responsibility is concluded, the panel then determines disciplinary, and, if appropriate, reparative and/or educational sanctions. 1. CBA will inform panel of student’s prior disciplinary record, which will otherwise not be told if the student has not been found responsible. 2. The panel consults “Levels of Disciplinary Sanctions.” 3. The panel should be aware of what the damaged party thinks sanctions should include. 4. Develop what should go into the report of recommended sanctions and into the letter to the student. L. If responsibility is not concluded, the charged student will be exonerated with no record of the incident retained in his/her file, and no report including the student’s name will be sent on to the Dean and President. M. CBA collects “Panelist Worksheets.” N. If the panel is unable to reach a decision either through consensus or a three-quarters vote (deadlocked) within forty-eight hours, a new panel will be convened to hear the case again, and the same procedure for a hearing will be followed. III. Follow-through A. The chair and the CBA take their worksheets and give an oral report of the panel’s decision and recommendations to the Dean of Students and the President. B. If approved, CBA personally notifies the student, and after this notification gives him/her written confirmation of the decision and sanctions. Sanctions take effect immediately. (Although there will be no formal appeal process, an appeal, which would be addressed to the Dean of Students only if there is new evidence or if the institution has not followed its fair process, would not hold up the process.) C. CBA notifies all other hearing participants of the decision and sanctions, and reminds them of the confidentiality policy. D. CBA follows the “Procedures for Suspended Student” checklist E. CBA keeps track of the student’s completion of the sanctions. F. CBA enters a record of the decision and sanctions into the CB database, which records the number and types of cases. G.
If the charged person is found responsible, the decision will be kept in
the CBA’s disciplinary notebook and destroyed after ten years. IV. Reporting A. At the end of the year CBA will prepare a summary report of the number and types of cases of hearings (without names) and decisions. This report will go to the President, Dean of Students, Presidential Board and Community Board members. B. Periodic reports, as needed, may be made to the community about the CB’s activities. |