VI. Hearing Officers and Appeals
A. Hearing officers.

1. Composition: The role of hearing officer is assumed by the Vice President for Enrollment Management and Dean of Student Affairs, the Associate Dean for Student Affairs, the Associate Dean for Students and Multicultural Education, the Associate Director of Student Life (MPLS), and the Director and Assistant Director of Residence Life (for all incidents occurring in the residence halls ).The Residence Life Complex Coordinators may be responsible for assisting in the conduct process from investigation to resolution of residence hall complaints).
Responsibilities of the hearing officer include: providing integrity and oversight to the hearing process and record keeping, determining the hearing body for resolving complaints, imposing university sanctions, and serving as liaison with the alleged upon whom conduct sanctions have been imposed.

In cases where complaints involve violations of the academic integrity policy the appropriate academic dean may become involved in the resolution of the complaint.

2. Jurisdiction: The hearing officers shall have jurisdiction over all complaints alleging a violation as stated in Section III. Complaints alleging violations of the Code of Conduct should be filed with the dean of student affairs or the associate deans for student affairs. Complaints will be assigned to the appropriate hearing officer including the associate director of student life (Mpls) and the director of residence life.

B. Appeals
1. Composition: Appeals shall be heard by either the sr. vice president (or her academic dean designee for academic integrity cases) or the dean of student affairs.

2. Jurisdiction: Appeals for cases involving Academic Integrity violations shall be heard by the sr. vice president(or her academic dean designee). All other appeals will be heard by either the sr vice president or dean of student affairs.

VI. Judicial Procedures
A. Filing a complaint or reporting violations
1. Any member of the college community may file a complaint with the appropriate judicial authority against a student for an alleged violation of the Code of Conduct or Residence Life Community Policies
B. Disposition of complaints against students regarding academic dishonesty.
1. Complaints alleging academic dishonesty should be filed in the Office of Academic Affairs with the appropriate academic dean. If a hearing is deemed necessary the full complaint will be forwarded to the dean of student affairs.

2. Prior to submitting a complaint of academic dishonesty all faculty, staff and students must review the Academic Integrity section of the Code of Conduct (Section VIII). All academic dishonesty concerns will be addressed by the procedures in the Academic Integrity section of the Code of Conduct.

C. Disposition of all other complaints against students
1. All complaints involving incidents occurring in the residence halls should be filed with the associate dean for students who will either adjudicate directly or forward to the appropriate hearing officer (associate director of student life, Mpls or the director of residence life, St. Paul).

2. All complaints involving incidents not occurring in the residence halls should be filed with the dean of student affairs who will either adjudicate directly or forward to the appropriate hearing officer (associate dean of students, associate dean for students and multicultural affairs, associate director of student life (Mpls) or director of Residence Life (St. Paul). The associate director of student (Mpls) may receive complaints and either adjudicate or forward to an appropriate hearing officer.

3. After receiving the complaint, the hearing officer shall conduct a preliminary investigation to determine whether the alleged act complained of, should it have taken place, constitutes prohibited conduct within the meaning of the conduct code. If it does not, the hearing officer will dismiss the complaint. The hearing officer's decision to dismiss the complaint is final.

4. If the complaint is not dismissed, the hearing officer can resolve the matter if the alleged does not contest the validity of the charges. In cases of informal resolution, the hearing officer will determine the sanctions to be imposed as a result of the misconduct.

5. If the complaint is neither dismissed nor informally resolved, the hearing officer will formally charge the individual(s) against whom the complaint is brought.

6. The hearing officer will provide the alleged with written notification of alleged violation(s) sufficiently in advance of a hearing to afford the alleged a reasonable opportunity to prepare a defense. The notice of allegations shall identify any standards of conduct which the student has allegedly violated, and include a request to meet with the hearing officer.
(consider whether to leave in or remove)

8. Once the individual has been charged, the hearing officer will decide the resolution. The hearing officer may consult with other appropriate individuals before making his/her determination. The hearing officer may take into consideration such factors as the preferences of the parties, whether the facts are in dispute, and any other relevant circumstances. All parties to a hearing at the time of presentation of formal alleged violations will be provided with a copy of the hearing procedures that govern the hearing officer before which they are to appear.

VII. Executive Authority

Notwithstanding the provisions of Sections VI and VII, the following actions may be taken when the sr. vice president, vice president for enrollment management and dean of student affairs or his designee has reasonable cause to believe that a student poses a threat to the safety of self or other persons or property or poses a disruptive threat to operations of the university.

A. Summary Suspension of Residence Life Contract. A summary suspension of the residence life contract requires that the student vacate the residential community immediately. It may be imposed upon students when the sr. vice president or the dean of student affairs, director of residence life or her/his designee has reasonable cause to believe the student poses a threat to the safety of her/himself, other persons or property in the residential community. In exercising such authority, the sr. vice president or dean of student affairs or his/her designee may rely on information supplied to them by others. Any student summarily suspended from her/his residence life contract who returns to university housing during the period of suspension may be subject to permanent denial of housing and further sanctions. Once summary suspension of the residence life contract has been imposed, permission to be in university housing must be granted in writing and in advance by a hearing officer. Any student subject to summary suspension of the residence life contract shall be required to remain out of university housing until a hearing is completed. The hearing normally shall be held within seven days of the notice of suspension. Students removed from housing may be required to pay the full Housing & Dining Agreement balance.

B. Summary Suspension. A summary suspension requires that the student immediately leave both university campuses. The university may impose summary suspension when the sr vice president or the dean of student affairs or his/her designee has reasonable cause to believe the student poses a threat to the safety of self, other persons or property, or poses a disruptive threat to the operations of the university community. In exercising such authority, the senior vice president or the dean of student affairs or his/her designee may rely upon information supplied to her by others. Any summarily suspended student who returns to the campus during the period of summary suspension may be subject to expulsion. Permission to be on campus may be granted for a specific purpose; however, it must be granted in advance and in writing by a hearing officer. Any student subject to summary suspension shall be required to remain off campus until a hearing is completed. The hearing normally shall be held within seven days of the notice of summary suspension.
C. Student Behavioral Leave of Absence (non-discipline based). This policy has been developed from the philosophy and ethic of care and a philosophy of holistic student learning and a deep commitment to providing for the safety and well-being of our students. Care for the individual student, in the context of a Catholic liberal arts education for women, often requires balancing individual needs with the needs of the community.This policy will be utilized for situations in which a student’s behavior indicates a threat to the health and/or safety of self or others. This policy allows the University to remove a student from University property and programs (including the residence halls and attending classes) either immediately (interim leave of absence) or after an appropriate review process (involuntary or voluntary leave of absence). Appropriate effort will be made to resolve situations voluntarily. Examples of behaviors which may warrant the use of this policy include, but are not limited to: unresolved, ongoing and serious suicidal threats; imminent threats of harm to self or others; behavior which presents a reasonable threat to self or other (e.g. “cutting” behavior, expressions of self-harm or suicide ideation, etc) and/or behavior that causes disruption to the community (e.g. residence hall, class, etc).

This policy and subsequent procedures do not replace existing discipline-based or academic evaluation policies or procedures (e.g. Code of Conduct and Community Expectations, and the Academic Evaluation policies).

Types of Behavioral Leaves
The type of behavioral leave issued depends explicitly on the facts and circumstances of each case and will be determined by the managing staff person in consultation with the Vice President for Enrollment Management and Dean of Student Affairs (Vice President). Each of the following types of leaves is considered by the managing staff person if a student’s behavior poses an immediate and direct threat to themselves or others.

Interim Behavioral Leave of Absence – is used to immediately restrict a student’s access to College programs and activities (including on campus housing) for an interim period before a complete review process and final determination of the matter. The interim decision, including conditions associated to the leave, will remain in effect until a final determination is established. An interim behavior leave of absence can be voluntary or involuntary and is used for serious and urgent circumstances.

Involuntary Behavioral Leave of Absence and Voluntary Behavioral Leave of Absence – are used to restrict a student’s access to College programs and activities (including campus housing) for a specified period of time after a complete review process.

Procedure for Behavioral Leave of Absence
The Office of Student Affairs should be alerted by individual faculty, staff, student, or outside individual or agency when a student is observed engaging in threatening or concerning behavior. The Vice President is responsible for overseeing this policy and his/her designee (Associate Dean for Student Affairs, Associate Dean for Students and Multicultural Education, or others as designated by the Vice President) will manage each case and make recommendation to the Vice President regarding behavioral leaves. The two Associate Deans, or others as determined by the Vice President, are referred to from here on as the “managing staff person.”

Interim Behavioral Leave of Absence Review Process
In situations in which the University has substantial evidence that a student has engaged in, or is judged to be likely to engage in, behavior that poses a danger of causing harm to self or others, or disrupting the learning environment and for which the determination is imminent, the interim behavioral leave of absence is initiated. The process is as follows:

1. The leave will be communicated in writing to the student, staff and external medical professionals as appropriate.

2. The interim leave, including conditions, will remain in effect for the period of time established for the leave or until a request for re-enrollment is approved by the managing staff person or the Vice President.

Voluntary and Involuntary Leave of Absence Review Process
The review process for an involuntary behavioral leave and voluntary behavioral leave is initiated as the managing staff person deems appropriate and includes the following:

1. The managing staff person will notify the student that a behavioral leave of absence is under consideration. The managing staff person will discuss with the student the implications of and procedures relating to a behavioral leave of absence. A copy of this policy will be provided to the student.

2. The managing staff person will consult with appropriate staff and faculty, as feasible and appropriate, in determining what type of behavioral leave is most appropriate, including: a representative from the Academic Affairs Office (usually the appropriate Dean, Associate Dean, or designee), director of health and wellness center, director of counseling, director of counseling and student development, academic advising (in some cases the faculty advisor), director of residence life (for resident students), public safety, and others (including outside medical staff) as deemed necessary by the managing staff person.

3. The managing staff person can use the Early Alert System Team (EAST), a regularly meeting group, to assist in the intake of information as well as the evaluation of students under consideration for behavioral leave. EAST membership includes the two Student Affairs Associate Deans, Director of Student Retention, Director of Residence Life, Counseling and Health Center staff (as appropriate) and other staff as determined by the Associate Deans.

4. The review process will maintain a particular focus on the primary criteria for invoking a behavioral leave, specifically whether the student has engaged in, or is judged to be likely to engage in, behavior that poses a danger of causing harm to self or others, or disrupting the learning environment.

5. The managing staff person may require a student to have a physical or psychological evaluation or other consultation with outside healthcare providers if s/he believes it will facilitate a more informed decision.

6. After the review is completed the managing staff person will communicate the decision to the student. For cases in which hospital staff or outside psychological or medical personnel are involved, formal communication regarding coordination of services will be provided as appropriate. Decisions about communicating with the student’s parents, family or guardian will be made by the managing staff person, in consultation with the Vice President.

Effects on Student Status
If a behavioral leave (interim, voluntary or involuntary) is issued, the College policies for withdrawal from courses, grading of course work, housing and dinning agreement cancellation, tuition refund and student financial aid policies will all normally apply.

While on a behavioral leave of absence a student is not allowed to participate in any University program or activity, including attending classes, involvement with student clubs or organizations, attending social events, etc. without express written permission by the managing staff person. In some cases a student on a behavioral leave will not be allowed on campus or to have contact with specified individuals. Conditions for a behavioral leave of absence will be communicated as part of the initial notice and subsequently as they are established.

In cases where a review for behavioral leave of absence occurs, but for which a behavioral leave is not issued, the managing staff person may require conditions for continued enrollment and participation in all University programs and activities. These conditions must be adhered to, as specified, or the student may be automatically placed on a behavioral leave of absence. At any time, the managing staff person may initiate the policy and procedures of the Student Code of Conduct and Community Expectations.

Request for Re-enrollment
To return to the College off a behavioral leave of absence, regardless if a period of time noted in the original leave has expired, a student must formally request a removal from the leave. A written request for re-enrollment must be forwarded to the managing staff person who issued the original behavioral leave or the Vice President. The student will: 1) provide documentation of behavioral change, 2) demonstrate successful participation in appropriate treatment/care plan, 3) document readiness to resume curricular and co-curricular work, 4) indicate that all stated conditions of the leave have been met, and 5) demonstrate that conditions established for return or re-enrollment can be fulfilled. It is within the managing staff persons’ sole discretion, on behalf of the University, to allow a student to return from a behavioral leave of absence. The managing staff person can require additional conditions as part of the re-enrollment process.

Right to Appeal
A student can appeal the issuance of a behavioral leave of absence as well as a decision to deny a request to re-enroll. This appeal is made to the Vice President, in writing and received within 72 hours of when the leave or the denial of the request to re-enroll is communicated. All decisions by the Vice President are final.

*Adapted from policies of Cornell University, University of Michigan and the University of St. Thomas.

VIII. Academic Integrity*
A. Suspicion of an academic integrity violation.

1. When a faculty member suspects a student had engaged in academic dishonesty the faculty member should immediately initiate a discussion with the student to further evaluate grounds for suspicion and educate the student about academic integrity issues.

If no violation is established the faculty member should discuss with the student the reasons for suspicion, discuss general issues of integrity. No records need be kept of the suspicion or incident.

If the faculty member concludes that a possible violation has occurred, follow section VIII. B.

2. In all cases where a student alleges a possible violation, the alleging student should contact the faculty member responsible for the course in which the alleged violation has occurred to initiate faculty controlled process.

3. In all cases a faculty member may consult with colleagues about the validity of suspicions, but must preserve the student's anonymity.

B. Faculty member concludes that a possible academic integrity violation has occurred.

1. It is the faculty member's duty to address the issue and to not let it go unacknowledged.

2. From this point on, the faculty member is to keep records of all correspondence or contact; keep copies of papers, exams or other materials involved.

3. The faculty member notifies the Office of Academic Affairs of the suspected violation for information tracking purposes, to allow for the recognition of repeat violations and to assist in coordination with department specific policies.

C. Faculty controlled review process for academic integrity violations.

1. Faculty member meets with the student to discuss the review process, including appeal process and possible sanction. The primary purpose of this meeting is to collect critical information (including the student’s side of the matter and pertinent information) and to assess intent and knowledge regarding the nature and circumstances of the alleged violation. This should be structured to be a learning situation for the student.

2. Once the above meeting is complete the faculty member needs to determine and communicate the appropriate sanction.

3. Appeals of the faculty controlled review process must be made to the Office of Academic Affairs. All appeals must be in writing and made on the basis of process error or inappropriate sanction. All decisions at the academic dean level are final.

D. Independent review process for academic integrity violations.

1. Allegations of academic integrity violations may be adjudicated by an independent review only upon referral from an academic dean. The Faculty Controlled Process is preferred in nearly all matters, and only in extraordinary cases will the matter be forwarded for independent review.

2. Referral process.
a. Once it has been determined the complaint will not be resolved via Sections A, B, or C the full complaint will be forwarded by the academic dean for an Administrative Hearing (Section VI, C, 8). The dean of student affairs is responsible for processing all independent review hearings involving academic dishonesty. Once referred to the dean of student affairs the procedures in Section VI and IX govern the process of resolution.
b. Once a possible violation has been referred for independent review no grade should be assigned by the faculty member until after the decision of the independent process. A grade will then be assigned as per the decision of the hearing process. Faculty are required to submit a recommendation for sanction as part of the complaint. The hearing officer will consult with the faculty member and the appropriate academic dean prior to determining final sanction.

IX. Hearing Procedures
The hearing will be conducted in accordance with the following procedures:

A. A hearing usually shall be scheduled for not more than seven academic days after the student has been notified of the charges.

B. The hearing shall be private. All parties to, witnesses and others in attendance at hearings, as well as members of the hearing body, are expected to respect the confidentiality of the proceedings. Legal counsel may not be present at a hearing unless allegations of sexual assault are being heard.

C. All parties shall have the right to be assisted by an advisor of their choice, who must be a member of the university community. The adviser, upon request of either the accused or the complainant may: a.) assist in the preparation of his/her defense; b.) accompany him/her at all hearings; and c.) advise and assist in the preparation and presentation of appeals.

D. On behalf of the university, the allegations and evidence may be presented by a person designated by the hearing officer.

E. All parties shall have the right to hear all information presented and question all who present it. Copies of incident reports will be provided upon request.

F. All parties shall have the right to present information on their own behalf, including written, or oral statements and physical evidence.

G. All parties shall have the right to call a reasonable number of witnesses on their own behalf, who will be subject to cross examination. The hearing officer or the chair of the hearing board may request the names of these witnesses in advance of the hearing. Also, parties shall have the right to request in advance the names of the persons who may testify against them at the hearing.

H. The hearing officer or hearing board may address questions to any party or to any witness called by the parties; provided however, the alleged shall not be compelled to testify against his/her wishes, with the understanding that to do shall not be interpreted as evidence of guilt.

I. In the event any person, including the students charged and/or their advisor, shall disrupt the hearing, the hearing officer shall exclude these persons and proceed with the hearing in their absence.

J. A hearing body of original jurisdiction may grant a new hearing if a party files a written application for a new hearing specifically alleging and disclosing newly discovered evidence.

X. Standards for Resolution
A. Once a complaint has proceeded to a hearing, it has already been determined that the alleged act, if it had taken place, would be a violation of the Code of Conduct. Therefore, the hearing officer shall determine whether the alleged student actually committed the alleged act. The determination shall be based upon a preponderance of evidence.

B. Once a determination has been made that the alleged student committed the alleged act, the hearing officer, will determine what sanctions shall be imposed upon the accused. If the hearing officer determines that the alleged committed the act, the hearing officer will make available information he or she may have that may have a bearing on sanctions. The hearing officer will administer the sanction(s).

XI. Procedures for Appeal or Review
A. Appeal

1. An appeal of a decision from a hearing officer may be made by any party within three academic days after notice of the decision and sanctions, if any. The appeal must be presented in writing and must identify the basis/bases for the appeal. An appeal regarding academic integrity violations, should be made to the senior vice president for . An appeal regarding all other conduct code violations should be made to the dean of student affairs.

2. An appeal may be made for the following reasons only:
a. Procedural errors in the prior hearing;
b. The sanction(s) imposed by the hearing body of original jurisdiction was not justified by the nature of the offense; and/or
c. If a sanction of suspension or expulsion is imposed.

3. An appeal can be denied if the reasons for the appeal do not meet the criteria as stated under 2. a-c above.

4. All appeal decisions made by the sr. vice president or the vice president and dean of student affairs are final.

B. Request for Review

1. A hearing officer may request that the sr. vice president or the vice president and dean of student affairs (as appropriate) review the decision and sanction(s) of a hearing officer within three working days after notification of the decision and sanction(s). The vice president or the dean will not act on a request for review until three working days after the date of the original hearing in case both a review and an appeal are requested.

2. Hearing officers may request a review of a decision for the following reasons only:
a. The findings do not adequately account for all relevant evidence; or
b. The sanctions(s) are not appropriate for the offense.

3. The hearing officer will notify the alleged that a review of the case has been requested. If the review is to be heard, the alleged may be present at the hearing to state her/his case.

4. ALL DECISIONS BY THE SR. VICE PRESIDENT and VICE PRESIDENT and DEAN OF STUDENT AFFAIRS ARE FINAL.

XII. Disciplinary Records
Records of actions taken by the hearing officers, or the appeal authority (the sr. vice president (or her academic dean designees and dean of student affairs) regarding academic integrity violations will be kept in the Office of Academic Affairs.

Records of actions taken by the hearing officer or the appeal authority (sr vice president or the dean of student affairs) regarding all other student conduct code violations will be kept on file in the Office of Student Affairs or Office of Student Life (MPLS) and the Associate Director of Student Life (Minneapolis). Offices will share records in cases where there are violations of both academic integrity and other code of conduct violations.

Disciplinary records are considered part of a student’s educational record and are normally maintained for one year after graduation. Disciplinary files for students who withdraw from the university, are suspended or expelled for disciplinary reasons, are maintained for an indefinite length of time depending on the circumstances. The university reserves the right to notify parents of students when judicial action has resulted in suspension, expulsion, loss of housing privileges, or when the conduct involves alcohol or other drug violations. Disciplinary and hearing records may be disclosed by the university in appropriate circumstances such as, for example, in lawsuits and administrative proceedings in which they are relevant, or pursuant to subpoena or court order. Sanctions of suspension or expulsion are noted on student transcripts.