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|
| Rules and Regulations |
| STUDENT DISCIPLINARY PROCEDURES |
| Complaint Procedures: |
| A. |
Any charge, accusation, or allegation
which is to be
presented against a student, and, which if proved,
may subject a student to disciplinary action, must be
submitted in writing in complete detail to the office
of the dean of students promptly by the individual,
organization or department making the charge. |
| B. |
The chief student affairs officer of the
college or his or her designee will conduct a preliminary investigation
in order to determine whether disciplinary charges should be preferred.
The chief student affairs officer or his or her designee will advise
the student of the charge(s) against him or her, consult with other
parties who may be involved or who have information regarding the
incident, and review other relevant evidence. Following this preliminary
investigation, which shall be concluded within thirty (30) calendar
days of the filing of the complaint, the chief student affairs officer
or
designee shall take one of the following actions: |
| |
| i. |
Dismiss the matter if there is no basis for the
allegation(s) or the allegation(s) does not warrant disciplinary
actions. The individualsinvolved shall be notified that the complaint
has been dismissed; |
| ii. |
Refer the matter to conciliation. If a matter
is referred to conciliation the accused student shall receive
a copy of the notice required pursuant to section 15.3.e. of
this bylaw; or |
| iii. |
Prefer formal disciplinary charges. |
|
| Conciliation Conference: |
| C. |
The conciliation conference shall be conducted
by the counselor in the office of the dean of students or a qualified
staff or faculty member designated by the chief student affairs officer.
The following
procedures shall be in effect at this conference: |
| |
| 1. |
An effort will be made to resolve the matter by
mutual agreement. |
| 2. |
If an agreement is reached, the counselor shall
report his/her recommendation to the chief student affairs officer
for approval and, if approved, the complainant shall be notified. |
| 3. |
Prefer formal disciplinary charges. |
| 4. |
The counselor is precluded from testifying in
a college hearing regarding information received during the conciliation
conference. |
|
| Notice of Hearing and Charges: |
| D. |
Notice of the charge(s) and of the time and place of
the hearing shall be personally delivered or sent by
the chief student affairs officer of the college to the
student at the address appearing on the records of
the college, by registered or certified mail and by
regular mail. The hearing shall be scheduled within a
reasonable time following the filing of the charges or
the conciliation conference. Notice of at least five
business days shall be given to the student in advance
of the hearing unless the student consents to an
earlier hearing.
|
| E. |
The notice shall contain
the following: |
| |
| 1. |
A complete and itemized statement of the charge(s)
being brought against the student including the rule, bylaw or
regulation he/she is charged with violating, and the possible
penalties
for such violation. |
| 2. |
A statement that the student has the following
rights: |
| |
| i. |
to present his/her side of the story; |
| ii. |
to present witnesses and evidence on
his/her behalf; |
| iii. |
to cross-examine witnesses presenting
evidence against the student; |
| iv. |
to remain silent without assumption of
guilt; and |
| v. |
to be represented by legal counsel or an
advisor at the student’s expense. |
|
| 3. |
A warning that anything the student says may be
used against him/her at a non-college hearing. |
|
| Faculty-Student Disciplinary
Committee Procedures: |
| F. |
The following procedures shall apply at the hearing
before the faculty-student disciplinary committee:
|
| |
| 1. |
The chairperson shall preside at the hearing.
The chairperson shall inform the student of the charges, the
hearing procedures and his or her
rights. |
| 2. |
After informing the student of the charges, the
hearing procedures, and his or her rights, the chairperson shall
ask the student charged to plead guilty or not guilty. If the
student pleads guilty, the student shall be given an opportunity
to explain his/her actions before the committee. If the student
pleads not guilty, the college shall present its case. At the
conclusion of the
college’s case, the student may move to dismiss the charges. If the motion is
denied by the committee, the student shall be given an opportunity to present
his or her defense. |
| 3. |
Prior to accepting testimony at the hearing, the
chairperson shall rule on any motions questioning the impartiality
of any committee member or the adequacy of the notice of the
charge(s). Subsequent thereto, the chairperson may only rule
on the sufficiency of the evidence and may exclude irrelevant,
immaterial or unduly repetitive evidence. However, if either
party wishes to question the impartiality of a committee member
on the basis of evidence which was not previously available at
the inception of the hearing, the chairperson may
rule on such a motion. The chairperson shall
exclude all persons who are to appear as
witnesses, except the accused student. |
| 4. |
The college shall make a record of each factfinding
hearing by some means such as a stenographic transcript, a tape
recording or the equivalent. A disciplined student is entitled
upon request to a copy of such a transcript, tape or equivalent
without cost. |
| 5. |
The student is entitled to a closed hearing but
has the right to request an open public hearing. However, the
chairperson has the right to hold a closed hearing when an open
public hearing would adversely affect and be disruptive of the
committee’s normal operations. |
| 6. |
The college bears the burden of proving the charge(s)
by a preponderance of the evidence. |
| 7. |
The role of the faculty-student disciplinary committee
is to listen to the testimony, ask questions of the witnesses,
review the testimony and evidence presented at the hearing and
the papers filed by the parties and render a determination as
to guilt or innocence. In the event the student is found guilty,
the committee
shall then determine the penalty to be imposed. |
| 8. |
At the end of the fact-finding phase of the hearing,
the student may introduce additional records, such as character
references. The
college may introduce a copy of the student’s previous disciplinary record, where
applicable, provided the student was shown a copy of the record prior to the
commencement of the hearing. The disciplinary record shall be submitted to the
committee in a sealed envelope and shall not be opened until after the committee
has made its findings of fact. In the event the student has been determined to
be guilty of the charge or charges the records and documents introduced by the
student and the college shall be opened and used by the committee for dispositional
purposes, i.e., to determine an appropriate penalty if the charges
are sustained. |
| 9. |
The committee shall deliberate in closed session.
The committee’s decision shall be based solely on the testimony
and evidence presented at the hearing and the papers filed by
the parties. |
| 10. |
The student shall be sent a copy of the facultystudent
disciplinary committee’s decision within five days of the conclusion
of the hearing. The
decision shall be final subject to the student’s
right of appeal. |
| 11. |
Where a student is represented by legal counsel
the president of the college may request that a
lawyer from the general counsel’s office appear
at the hearing to present the college’s case. |
|
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The
City University of New York
