Campus Standards and the Judicial Process

The purpose of campus standards is to create the best environment in which students can live and education can flourish. At the cornerstone of this effort to create the best possible living/learning environment is the mutual obligation of students to treat all other members of the academic community with dignity and respect – (including other students, faculty members, neighbors, and employees of the college) and of Lancaster Bible College personnel to treat all students with equal care, concern, dignity and fairness.

The U.S. Department of Health, Education & Welfare has released a General Order ED025 805. This directive deals with Judicial Standards of Procedure and Substance in Review of Student Discipline in Tax-Supported Institutions of Higher Education. The order is designed to encourage consistency with a ruling that took place in the United States District Court for the Western District of Missouri.

In summary, colleges and universities do not prosecute criminals; they discipline students who violate their rules. This order views the discipline of students in the educational community, for all but the case of irrevocable expulsion, as part of the teaching process. In the case of irrevocable expulsion for misconduct, the process is not punitive or deterrent in the criminal law sense, but the process is rather a determination that the student is unqualified to continue as a member of the educational community.

In administering any discipline, Lancaster Bible College is careful not to act arbitrarily or capriciously. Students are treated fairly and given due process. The General Order ED025 805 states:

The voluntary attendance of a student in such institutions is a voluntary entrance into the academic community. By such voluntary entrance, the student voluntarily assumes obligations of performance and behavior reasonably imposed by the institution of choice relevant to its lawful missions, processes, and functions. These obligations are generally much higher than those imposed on all citizens by the civil and criminal law. So long as there is no invidious discrimination, no deprival of due process, no abridgment of a right protected in the circumstances, and no capricious, clearly unreasonable or unlawful action employed, the institution may discipline students to secure compliance with these higher obligations as a teaching method or to sever the student from the academic community.” (pp. 5, 6)

A student admitted to Lancaster Bible College accepts the responsibility to conform to all College rules and regulations. Failure to meet this obligation will justify appropriate disciplinary sanctions. The sanctions are listed below in ascending order of severity.

Responsibility and Enforcement

The Board of Trustees is charged by law with the responsibility of making rules and regulations for the college and establishing policy governing the conduct of the college, its employees, and its student body. The president of the college is elected by the Board of Trustees to serve at its pleasure. The president is the chief executive officer entrusted by the Board of Trustees with the execution of its policies and the internal government and administration of the college. The Board of Trustees orders and directs the president of the college to administer and enforce its policies as herein announced. In carrying out this responsibility, the president is vested with authority to take such disciplinary action as in his judgment the circumstances warrant. The president has delegated this function to the Office of Student Affairs.

However, the president reserves the right to retain any case in which:

1. There is an alleged violation of a student regulation where college property has been damaged or destroyed.
2. There is an alleged violation of a student regulation where the conduct in question may threaten the safety of any member of the college community or any college property.
3. There is an alleged violation of a student regulation where the action in question would disrupt the educational process and/or orderly operation of the college.
4. There is an alleged violation of a student regulation where a federal, state or local law may have been violated.

Judicial Procedures

The following procedures will be followed when reports of incidents alleging violations of college policies or student and community life standards have surfaced:

Disciplinary Procedures: Minor Infractions

After a series of investigatory meetings, an appropriate disciplinary sanction for minor infractions (i.e., sanctions 1-5), based on the totality of the circumstances, may be imposed by Resident Assistants, Resident Directors, Director of Residence Life, Associate Deans, or Dean.

Disciplinary Procedures: Major Infractions

After investigatory meetings, an associate dean or dean (who may or may not have listened to the deliberations) will set the appropriate disciplinary sanction(s) (i.e., sanctions 6-11), based on the totality of the circumstances, after a violation is found, and after receiving the non-binding recommendation of the fact finders.

Common Sanctions

1. Admonition or Reprimand: An oral statement to the student explaining that he/she has violated a student regulation and implies the student’s behavior is inappropriate and is not to be overlooked.
2. Issuance of a Community Violation Notice (CVN): A CVN is a written communiqué advising the student he/she has violated a college regulation.
3. Censure: An official written statement to the student explaining that he/she has violated a student regulation. It is intended to communicate most strongly both disapproval and reprimand by the college community.
4. In-Kind Restitution (may include but is not limited to): the reimbursement of costs for damage to, or destruction of, college property or property of any person; restitution in the form of appropriate service to be completed by the student; the relocation of the student within college housing facilities; the required attendance of the student to the appropriate educational programs based on the circumstances of the case.
5. Social Probation: Indicates the behavior exhibited is socially unacceptable. Therefore, a designated period of time is set and a specific action plan is agreed upon for the student to take corrective action and adjust behavior to socially acceptable standards.
6. Restriction of Privileges: The restriction of college privileges for a specified period of time. These restrictions may include, but are not limited to the following:
   1. Denial of regular priority for room assignment in college housing.
   2. Denial of the privilege to vote in college held elections.
   3. Denial of the privilege to attend nonacademic college functions.
   4. Denial of the privilege to participate in non-academic college organizations or activities.
   5. Denial of parking privileges.
7. Disciplinary Probation: A specified period of review and adjustment during which a student is under an official warning that his/her violation was very serious. While on disciplinary probation, a student will be considered to be “not in good standing” with the college and may face specific restrictions on his/her behavior and/or college privileges. Students involved in similar or additional disciplinary incidents while on probation may be recommended for immediate suspension or expulsion.
8. Eviction: Eviction from college housing without a refund if the student is currently residing in a residence hall or an on-campus apartment.
9. Disciplinary Suspension: The denial of enrollment, attendance, and other privileges at the college for a specified period of time. In cases where a student is suspended for the duration of the semester, clearance for re-enrollment must be received from an associate dean. Permission to apply for readmission upon the termination of the period may be granted with or without conditions/restrictions. A student who has been issued a disciplinary suspension sanction may be prohibited from visiting on campus or attending all college or open social functions and is deemed “not eligible to return” to the college during the suspension period. The suspension shall be followed by a period of disciplinary probation.
10. Interim Suspension: An interim suspension may be imposed by the Vice President for Student Services or his/her designee, prior to the beginning of the administrative process. The interim suspension may be imposed in extreme cases where the alleged action of a student(s) may pose a threat to the wellbeing of the college, any of its members, or him/herself, or there is substantial evidence that the continued presence of the student(s) on the campus will disrupts the college. Prior to imposing an interim suspension, every effort will be made by the Associate Dean for Student Development & Success, Associate Dean for Student Engagement & Retention, or his/her designee to give the student an opportunity to respond to the charge(s). Following the imposition of an interim suspension, the opportunity for an administrative hearing, as described below, will be provided as expeditiously as possible, but no later than ten calendar days after the interim suspension – unless the student waives the ten days.
11. Expulsion: The dismissal of a student from the college without the ability to apply for re-enrollment. A student who has been expelled is deemed “not eligible to return” to the college for a period of two years. Expulsion requires approval of the president.

1. Denial of the privilege to represent the college to anyone outside the college community in anyway, including representing the college at any official function, intercollegiate athletics or any forms of intercollegiate competition or representation.
2. Denial of the privilege to participate, be elected, or appointed as a member or officer of student government or any registered student organization.
3. Denial of the privilege to live in college housing.

Appeal Process

If the student(s) disputes the alleged charges or sanctions, there remains the right to appeal. All appeal requests must be submitted to the Office of Student Affairs. An appeal must be made in writing and include the basis for the appeal, and must be received within three calendar days after the receipt of an imposed sanction. An appeal is normally based on one or more of the following conditions:

1. The sanction imposed is grossly disproportionate to the offense.
2. The decision was not supported by substantial evidence.
3. New evidence has become available that would significantly alter the results.

When an appeal is received, the following process will normally be followed:

1. A hearing before a judicial committee will be scheduled. The judicial committee will be appointed by an associate dean and will consist of five (5) members, including at least:
   1. One (1) faculty member;
   2. One (1) professional staff member; and
   3. One (1) student government representative.
2. The judicial committee, upon convening, will choose a chair and function only as a fact-finding body. They will review the disciplinary policy and procedures stated in the Student Handbook, and determine whether the alleged violations are sustainable. All issues, findings or judgments of the committee will be decided by majority vote.
3. The student will be provided with a written statement of his/her rights in the disciplinary process. These rights include:
   1. Provision of copies of all written material that will be presented at the hearing.
   2. The opportunity to have an advisor/advocate of his/her choice present providing the advisor/advocate sits quietly in the hearing room and does not try to participate during the proceedings. The provision of an advisor/advocate at the hearing is at the student’s expense.
   3. The opportunity to tell his/her side of the incident; to call witnesses with critical knowledge of the incident; to ask questions of those who filed reports against the student; and to summarize his/her feelings concerning the incident.
4. If the judicial committee decides that additional evidence or testimony before rendering a judgment is needed, a second hearing date may be scheduled with the student to review this information. The committee may invite the presence and testimony of relevant witnesses.
5. A student who does not appear at a scheduled hearing will be considered as having acknowledged the violation and voluntarily terminated the request for appeal. A student summoned to a hearing will be required to participate regardless of classes, work, or other scheduling conflicts.
6. In its deliberations, the committee will make decisions based on a sufficiency of evidence, “more likely than not,” after reviewing witness testimony, written statements, and other relevant information. In re-evaluating any conflicting testimony or statements, the committee will determine which version of events is more credible.
7. The committee will make an audio record of the disciplinary hearing. This verbatim record remains the property of the college. The following are guidelines for audio taping:
   1. Test the tape recorder at the beginning of each hearing. Make sure the recording equipment works and will pick up and record everyone who speaks.
   2. Have the chair identify each speaker, so subsequent listeners will know who is asking questions or giving responses.
   3. Allow the student who is considering filing an appeal and his/her advisor to have post-hearing access to the audiotape. Provide this access in a room near the Office of Student Affairs during normal business hours and preserve confidentiality with a rule that the tape itself may not be taken off premises. Keep a log of the time spent reviewing the tape, so there will be no question about fair access. A member of the student services staff will sit with the student and his/her advisor while they review the tape.
   4. Make a copy of the tape, which should also remain in the Office of Student Affairs. The duplicate ensures that someone does not erase the tape, “accidentally” or otherwise.
   5. In order to preserve the confidentiality of the process, both the original and the duplicate audiotape remain the property of Lancaster Bible College. No one, not even a student’s attorney or other advisor, should be allowed to take the tape out of the Student Services Office or to make a dub of either tape. This is important for preserving the integrity of the process, because the process itself may be seriously undermined if testimony at a hearing was played later as “entertainment” in living quarters (on- or off-campus).
   6. Do not permit court reporters or extra tape recordings at hearings. This policy not only helps to preserve the dignity and confidentiality of the process, but it also deters individuals from trying to give the process a “courtroom” atmosphere, rather than the atmosphere of an educational process.
8. The committee will submit its findings in writing to an Associate Dean or Dean, along with all materials reviewed.