The disciplinary judicial process at Saint Mary’s University was designed to uphold the rights of all students. The goal of the process is not to punish, but rather to educate students about appropriate behavior for a community living environment, and to hold people accountable for their actions. It is important for students to acquaint themselves with the rules and regulations of Saint Mary’s University as stated in the Online Handbook and the University Catalog. Students should be aware of the options, possible disciplinary actions, appeals and the general judicial processes outlined.
All members of the Saint Mary’s community must take part in preserving an atmosphere in which free discourse, open exchange of opinion and the right of peaceful dissent are not impeded. They must live in reasonable harmony with one another and with the larger community of which the university is a part.
Students are responsible for their actions and will be held accountable. A student who chooses to violate university regulations or is involved in misconduct off-campus that reflects negatively on the university is subject to disciplinary action. The judicial process at Saint Mary’s University is not intended to duplicate the system of attorneys, judges and courts. The process is, however, designed to accomplish fact-finding and decision-making in the context of an educational community and to encourage students to accept responsibility for their own actions and respond appropriately to the consequences.
Staff members of the university have the responsibility to impose reasonable sanctions or consequences for student behavior that is not acceptable in the university community. When a situation is deemed more serious, the staff member may follow steps for referring students to the dean of students, who is the chief judicial officer of the university.
The following are disciplinary actions which may be taken when student behavior is deemed inappropriate; they are not necessarily progressive steps. A staff member may elect to refer a matter immediately rather than simply writing it as an Incident Report.
I. Incident Report
Written by a residence life professional staff member, campus safety officer, resident assistant, faculty member or administrator, this report formally refers someone to the disciplinary process. The report should be made for first-time or persistent violations of university expectations. The report should state the name(s) of the parties involved in the alleged violation and the date, location and description of the event. All students and staff involved in the situation, in any manner, must be referred to in the incident report. An official incident report can be obtained in the Office of Residence Life.
II. Initial Review
Following submission of an incident report, the dean of students or his/her designee will decide as to whether sufficient basis exists to believe a violation of university expectations has occurred. The dean or his/her designee will then determine who needs to meet for follow-up on the alleged violation.
III. Informal Hearing Process
The dean of students, or his/her designee will contact the accused student to set a date for a follow-up meeting. When the meeting is complete, a decision will be rendered. If there is reason to believe the violation has occurred, disciplinary consequences will be imposed. In most cases, a residence life professional staff member will act as the dean’s designee.
IV. Determination of Consequences
In determining disciplinary consequences, the student’s previous disciplinary record and any or all other pertinent information will be taken into account. The types of consequences that may be imposed include, but are not limited to, restitution for damage, community service, educational sanctions, letter of apology, reaction paper, seminar attendance, trespass notice, residential probation, relocation to another residence hall, disciplinary probation, suspension, or expulsion.
Disciplinary Probation — Probationary status restricts the student’s rights for a specified period of time. Restrictions may include: exclusion from participation in extracurricular activities, eviction from the residence halls, including the possible loss of a refund for room and board, and loss of housing privileges in all university residence areas. Probationary status may include the imposition of conditions with which the student must comply, such as a chemical dependency assessment or psychological evaluation.
Suspension — Separation from the university for a fixed period of time or until specific conditions are met.
Expulsion — Separation from the university permanently.
Normally, conditions and restrictions will not be imposed until the student has exhausted the right to appeal. However, where the dean of students determines that a student’s presence is detrimental in the residence hall or the campus community, restrictions may be imposed immediately.
V. Appeal of a Disciplinary Decision
The Right to Appeal
All students have the right to appeal a disciplinary decision. Those decisions made by a hall director can be appealed to the dean of students — Residence Life. Decisions made by the dean of students — Residence Life can be appealed to the vice president for Student Development. All appeals must be made in writing within 24 hours of the notification of the original sanctions.
Bases for Appeal The bases for appeal are limited to the following:
1. Procedural error occurred, which substantially affected the outcome of the hearing.
2. New evidence has been discovered which may substantially affect the outcome of the hearing.
3. The sanction is excessively severe.
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