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The Iona College Judicial System - Procedures

The process to follow when a possible violation of the College Code of Conduct is encountered is as follows:
  • All allegations of violations of the Code of Conduct other than those relating to academic dishonesty or to the Residential Life policies and regulations shall be submitted to the Vice Provost for Student Life or his/her designee.
    • Any such allegations which have been delivered to any other members of the College community shall be delivered to the Vice Provost or his/her designee as quickly as possible after receipt.
  • A student accused of violating the Code of Conduct shall be notified of the specific allegations against him/her by the Vice Provost or his/her designee within five days of the receipt of such allegations.
  • An accused student shall be free from disciplinary sanctions pending the conclusion of his/her meeting except when the Vice Provost determines that the well-being of the community, or of the accused student, is endangered by that student's presence on campus.
    • In these cases, the Vice Provost may take appropriate interim measures, including the interim suspension of the accused student. In the absence of the Vice Provost, the Assistant Vice Provost for Student Development shall assume this role.
  • Within five days after having met with the student, or after the five-day period for a meeting with the student has expired, whichever shall occur earlier, the Vice Provost shall notify the student as to his/her decision about the disciplinary action that will be taken.

Role of Vice Provost for Student Life, and others designated as hearing officers:

  • Ordinary disciplinary cases are those which cannot result in suspension or dismissal from the College.
    • The decision in these cases is final and can not be appealed.
  • Serious disciplinary cases are those which can result in suspension or dismissal from the College.
    • The Vice Provost for Student Life will hear all serious cases.
    • In a serious disciplinary case, the Vice Provost will determine whether a student may participate in the activities of the College, pending a final adjudication of the disciplinary matter.

Appeals:

  • In ordinary disciplinary cases, the decision of the Vice Provost, or other designee is final.
  • In a serious disciplinary case resulting in an interim suspension or a suspension from the College (not to exceed five class days)
    • an appeal may be made to the Provost.
    • This appeal must be submitted in writing to the Provost within 48 hours of hand delivery of the disciplinary suspension. The decision of the Provost in a case resulting in an interim suspension or a suspension not to exceed five class days is final.
  • In a serious disciplinary case involving long-term suspension (in excess of five class days) or dismissal from the College
    • an appeal may be made to the Student-Faculty Court.
    • Appeals of this nature must be presented in writing to the Provost within 48 hours of the notification to the accused that he/she was found responsible for a serious violation of the Code of Conduct, and was suspended (in excess of five class days) or dismissed from the College.
    • The Provost, within five days after receipt of the appeal, will submit the student's written appeal to the Chief Justice of the Student-Faculty Court.
    • A hearing before the Student/Faculty Court will then be scheduled.

Procedure to Follow for Hearing Officer:

  • Review the initial report of the violation of the Code of Conduct either a Campus Safety and Security report, Residential Life report or information received directly from the victim.
  • Conduct interviews as necessary to determine that a violation did in fact take place.
    • Interview the victim, RA, security officer to determine their side of the incident.
    • Within the 5 day period, notify the accused student that there was a report made in reference to their behavior alleging a violation of the Code of Conduct.
    • Request the student schedule a hearing related to the incident to advise them of the full nature of the complaint and provide them with an opportunity to describe the incident from their perspective.
    • Conduct additional interviews if necessary to reach a conclusion related to the responsibility of the student in the incident. The level of proof needed in a judicial hearing is a preponderance of the evidence and not the criminal standard of beyond a reasonable doubt.
      • The quantum of evidence that constitutes a preponderance cannot be reduced to a simple formula. A preponderance of evidence has been described as just enough evidence to make it more likely than not that the fact the claimant seeks to prove is true. It is difficult to translate this definition and apply it to evidence in a case, but the definition serves as a helpful guide to judges and juries in determining whether a claimant has carried his or her burden of proof. (http://www.answers.com/topic/preponderance-of-evidence)
      • Preponderance of the evidence (most civil cases)--preponderance of the evidence generally means that a party will win if they can show that it is more likely than not that the contention is true. (The Lectric Law Library's Lexicon - http://www.lectlaw.com/def2/s217.htm)
    • Based on all of the information presented render a decision as to the responsibility of the student for his behavior in this incident.
    • Provide the student in writing with in five days, your decision as to responsibility and include the sections of the Code of Conduct that were violated as well as the judicial sanctions that the student will be responsible for completing in a timely manner.
      • The sanctions should be clearly defined
      • Appropriate for the behavior based on the judicial history of the individual student and previous sanctions imposed for similar behavior.
      • A time frame for the completion of all sanctions must be included in the letter with appropriate follow up.

Sanctions:

When a student has been found responsible for violating the Code of Conduct, a sanction or a combination of sanctions may be imposed. The following is a description of the sanctions available to the hearing officers and/or the Student-Faculty Court.

  • Dismissal - Permanent separation of the student from the College. Permanent notification may appear on the student's official transcript. The student will also be barred from College premises and may face criminal charges if any condition of the dismissal is violated. Any student who is dismissed from the College is required to leave campus within the time specified by the Vice Provost or the Student-Faculty Court (usually not more than 24 hours).
  • Suspension - is defined as separation of the student from the College for a specified period of time. Permanent notification may appear on the student's official transcript. The student shall not participate in any College-sponsored activity and may be barred from the College premises. A student may face criminal charges if a related condition of the suspension is violated. Conditions for readmission will be established at the time of suspension. Any student who is suspended from the College is required to leave the campus within the time specified by the Vice Provost or the Student-Faculty Court (usually not more than 24 hours). A suspended student must meet with the Vice Provost and must gain written approval from him/her before returning to class or registering for the next semester or academic year.
  • Interim Suspension - the student may be suspended for an interim period pending disciplinary proceedings and/or medical evaluation. Such interim suspension is to become effective without prior notice, whenever there is evidence that the continued presence of the student on the College campus poses a substantial threat to himself/herself or to others, or to the stability and continuance of normal College functions. Permanent notification may appear on the student's official transcript. A student may face criminal charges if a related condition of the suspension is violated. A suspended student must meet with the Vice Provost and must gain written approval from him/her before returning to class or registering for the next semester or academic year.
  • Suspension or Dismissal from Residence Halls - the student is required to remove himself/herself and all of his/her belongings from the residence halls. This sanction may be either temporary or permanent, and will be specified by the Assistant Vice Provost for Residential Life at the time of adjudication. Any student who is suspended or dismissed from residence is required to leave the halls and remove his/her belongings within 24 hours unless otherwise specified by the hearing officer. When a decision is appealed, a student may leave his/her belongings until the conclusion of the appeal.
  • Disciplinary Probation - the student shall not represent the College in any co-curricular or extracurricular activity or run for or hold office in any student group or organization. Additional restrictions or conditions may also be imposed. Violation of any of the terms of disciplinary probation subjects a student to immediate suspension or dismissal.
  • Group Suspension or Revocation - A campus organization can be denied some or all of its rights and/or privileges as contained in this Handbook. This sanction may be either temporary or permanent. All Greek and Social Fellowship organizations are subject to immediate suspension and or revocation of charter for violation of the College's policy on pledging/potential/new member education process.

The Iona College Code of Conduct

Iona College aims to develop the unique potentialities in each individual and assure an atmosphere where the educational purposes of the College can be achieved. The widest freedom consistent with the rights of others, both individually and collectively, is enthusiastically fostered, and great emphasis is placed on personal responsibility, and on respect both for oneself and for others in the community. The purpose of the College and its unique mission can best be protected through communication and the enforcement of certain standards of behavior judged essential to the achievement of those purposes.

Students may be accountable to both governmental authorities and to the College for acts that constitute violations of law, the College Code of Conduct, and other policies stated in this Handbook (eg. "Good Neighbor Policy"). Disciplinary action at the College will normally proceed during the pendency of criminal proceedings and will not be subject to challenge on the ground that criminal or civil charges involving the same incident have been delayed, reduced, or dismissed.

THE FOLLOWING ACTIVITIES CONSTITUTE VIOLATIONS OF THE IONA COLLEGE CODE OF CONDUCT. THEY ARE PUNISHABLE BY SANCTIONS WHICH ARE IMPOSED PURSUANT TO THE JUDICIAL PROCEDURES ESTABLISHED BY THE COLLEGE WHICH ARE SET FORTH IN THIS HANDBOOK.

  1. All forms of academic dishonesty, including, but not limited to, cheating, plagiarism, supplying false information to any College official, the forgery or use of College or other documents or instruments of identification with the intent to defraud.
  2. Theft from or damage to College property and/or theft of or damage to the property of another.
  3. Knowingly possessing or disposing of the lost or mislaid property of a member of the College community or of the College itself without the intention to return such property to its rightful owner.
  4. Unauthorized entry into and use or occupation of College premises or facilities.
  5. Unauthorized possession, duplication, or use of keys to College facilities.
  6. Tampering with or misusing fire alarms, fire-fighting equipment or safety equipment.
  7. Failing to comply with the College's regulations and state and federal laws governing the possession, distribution and consumption of alcohol as set forth in this Handbook. This includes, but is not limited to, being intoxicated on any property owned or leased by the College. Students must be familiar with the College policy on a Drug-Free Community that is detailed in this Handbook.
  8. Failing to comply with the College's regulations and state and federal laws governing the unauthorized sale, purchase, production, possession, distribution or use of controlled substances or other addictive and illegal drugs. This includes, but is not limited to, being under the influence of illegal drugs and possession of paraphernalia on property owned or leased by the College. Students must be familiar with the College policy on a Drug-Free Community that is contained in this Handbook.
  9. Any kind of harassment or physical abuse of another person.
  10. Any kind of sexual harassment or sexual assault of another person. This includes rape, acquaintance rape, and other sex offenses. Students must be familiar with the College Policy on Sexual Harassment and the College Policy on Campus Safety and Sexual Assault Prevention that are detailed in this Handbook.
  11. Threatening or attempting to inflict physical injury, or creating substantial risk of such injury to any person.
  12. Participating in any activity in connection with initiation into/or affiliation with an organization which recklessly or intentionally endangers mental or physical health or involves the forced consumption of controlled substances.
  13. Violating the other policies and rules of initiation into/or affiliation with a recognized student organization or athletic team. This procedure is detailed in this Handbook and adopted by the Greek Council and Student Government Association. Violation of this policy may also constitute a violation of New York State law.
  14. The unauthorized sale, purchase, production, and/or possession of lethal weapons, explosives, fireworks, or incendiary devices.
  15. Participating in any form of gambling on College premises.
  16. Engaging in or inciting others to engage in conduct which interferes with or disrupts any College function, or which prevents or limits the free expression of ideas by others, or which physically obstructs or threatens to obstruct or restrain other persons on college premises.
  17. Manufacturing, selling, or distributing false identification cards of any kind.
  18. Failing to surrender the College Identification Card upon request by clearly identified College personnel (including campus security personnel) in the performance of their assigned duties. All members of the College community are required to have the College Identification Card in their possession while on campus.
  19. Engaging in racist, sexist, biased, lewd and/or licentious conduct.
  20. Failing to comply with the publicity and/or fund raising guidelines of the College as set forth in this Handbook.
  21. Failing to abide with the provision entitled "Agreements Entered Into by Students or Campus Organizations" which is contained in this Handbook.
  22. Failing to comply with the computer lab facilities guidelines as set forth in this Handbook.
  23. Failing to comply with the smoking guidelines of the College.
  24. Failing to comply with the directions of clearly identified College personnel in the performance of their assigned duties.
  25. Violation of published College regulations including, but not limited to, those regarding motor vehicles, no pets on campus, residence halls, Spellman Hall, Gael Club, Hynes Athletics Center, and all computer facilities.
  26. All Iona College resident freshmen and sophomores are prohibited from bringing motor vehicles to the Iona community. This prohibition includes parking vehicles on city streets and in the surrounding community. Requests for waivers to this policy will only be granted under special circumstances. The Director of Campus Safety and Security will make final determination for a policy waiver in conjunction with the Vice Provost for Student Life.
  27. Failing to abide by the policies and regulations established by the Office of Residential Life which are contained in this Handbook. The College regards living in a residence hall as a privilege rather than a right, and this privilege may be revoked by the College at any time.
  28. Joining or participating in any activities conducted by former student organizations whose charters have been revoked by the College.
  29. Engaging in conduct on or off campus that constitutes a violation or crime pursuant to the criminal law of the state or federal government.
  30. Sponsoring/hosting an excessively large off-campus party which has seriously disturbed the neighborhood and has adversely affected the reputation of the College. This includes being responsible for an off campus party for profit, i.e., illegal sale or distribution of alcoholic beverages which include the use of tickets, tee-shirts, mugs, cups, and any other items as a price or condition of admission.
  31. Interfering with the New Rochelle police or other law enforcement agencies in the performance of their duties.
  32. Engaging in actions either on or off property owned or leased by the College which leads College officials to believe that a student did adversely affect or may adversely affect: (a) the security of the College community; (b) the integrity of the educational or developmental process; or (c) the good name of the College.

Academic Dishonesty:

All purported forms of academic dishonesty will be adjudicated in accordance with the following procedures.

Academic dishonesty subverts both the purpose of the College and the experience students derive from being at Iona. It includes offenses which harm the offender and the students who do not cheat. The Iona community, therefore, pledges itself to do all in its power to prevent academic dishonesty, and to impose impartial sanctions upon those who harm themselves, their fellow students, and the entire Iona community by academic dishonesty.

At the beginning of each semester, professors shall state their policy with regard to academic dishonesty on the syllabus and course requirement form they distribute. This policy shall include the penalty to be imposed when academic dishonesty is discovered. Penalties may include failure for a given assignment or failure in the course, in which case a report shall be submitted to the appropriate Academic Dean. In the case of a second instance, students may be suspended from the College. In any allegation of academic dishonesty, every effort will be made to insure justice; in all cases, educational assistance, rather than adversary proceedings, will be sought. If, in conformity with this policy, a sanction is imposed, a student may appeal first to the professor who discovered the offense; second, to the department chair; and third, to the Academic Dean of the department involved. The decision of the Academic Dean is final if the penalty does not exceed a suspension of five class days. A student does have the right to appeal the decision of the Academic Dean to the Provost if, and only if, the sanction involves a suspension in excess of five class days. If any decision results in suspension from class in excess of five class days or dismissal from the College, the Provost shall have the final decision.

Adjudication System- College Code of Conduct

All other purported violations of the College Code of Conduct will be adjudicated in accordance with the following procedures.

All allegations of violations of the Code of Conduct other than those relating to academic dishonesty or to the Residential Life policies and regulations shall be submitted to the Vice Provost for Student Life or his/her designee. Any such allegations which have been delivered to any other members of the College community shall be delivered to the Vice Provost or his/her designee as quickly as possible after receipt.

A student accused of violating the Code of Conduct shall be notified of the specific allegations against him/her by the Vice Provost or his/her designee within five days of the receipt of such allegations. An accused student shall be free from disciplinary sanctions pending the conclusion of his/her meeting except when the Vice Provost determines that the well-being of the community, or of the accused student, is endangered by that student's presence on campus. In these cases, the Vice Provost may take appropriate interim measures, including the interim suspension of the accused student.

Within five days after having met with the student, or after the five-day period for a meeting with the student has expired, whichever shall occur earlier, the Vice Provost shall notify the student as to his/her decision about the disciplinary action that will be taken.

Role of Vice Provost for Student Life, and Others Designated by the Vice Provost:

Ordinary disciplinary cases are those which cannot result in suspension or dismissal from the College. Serious disciplinary cases are those which can result in suspension or dismissal from the College. The Vice Provost for Student Life or a director deemed his/her designee may hear ordinary disciplinary cases, but the Vice Provost will hear serious cases. In a serious disciplinary case, the Vice Provost will determine whether a student may participate in the activities of the College, pending a final adjudication of the disciplinary matter.

Appeals:

In ordinary disciplinary cases, the decision of the Vice Provost, directors, or other designee is final. In a serious disciplinary case resulting in an interim suspension or a suspension from the College (not to exceed five class days), an appeal may be made to the Provost. This appeal must be submitted in writing to the Provost within 48 hours of hand delivery of the disciplinary suspension. The decision of the Provost in a case resulting in an interim suspension or a suspension not to exceed five class days is final.

In a serious disciplinary case involving long-term suspension (in excess of five class days) or dismissal from the College, an appeal may be made to the Student-Faculty Court. Appeals of this nature must be presented in writing to the Provost within 48 hours of the notification to the accused that he/she was found responsible for a serious violation of the Code of Conduct, and was suspended (in excess of five class days) or dismissed from the College. The Provost, within five days after receipt of the appeal, will submit the student's written appeal to the Chief Justice of the Student- Faculty Court.

Student-Faculty Court:

The Student-Faculty Court shall consist of five members: two student Justices, two faculty Justices and a Chief Justice:

  • the two student Justices shall be chosen by student election as set forth under the SGA by-laws, and no student Justice shall be a member of the Student Government Association Legislative or Executive Boards;
  • the two faculty Justices shall be appointed by the President of the College or his/her designee;
  • the Chief Justice shall be appointed by the President of the College or his/her designee, and shall be approved by the SGA;
  • the term of office for all Justices shall be from May 1 to April 30 of each academic year. Sitting Justices will continue to hear cases for which proceedings were begun prior to May 1 of the new academic year;
  • the Student-Faculty Court shall have the power to affirm, reverse or modify the decision of the Vice Provost and affirm, reverse or modify the disciplinary action taken by the Vice Provost; and
  • any Justice having a conflict of interest shall be required to absent himself/herself from the hearing of the case.

The duties of the Chief Justice shall be:

  • to preside over all hearings of the Student-Faculty Court;
  • to schedule special meetings when it may be necessary;
  • to vote only in case of a tie in any hearing of the Student-Faculty Court; and
  • to be chief spokesperson of the entire court at all times.

The Student-Faculty Court Appeal Review Process:

  • the Student-Faculty Court shall determine its own rules of procedure at the first meeting held after the Court has been constituted for the academic year in question;
  • in any appeal presented to the Student-Faculty Court, the aggrieved student shall be entitled to faculty representation only. All appeals to the Student-Faculty Court shall be submitted in accordance with the procedures contained in this Handbook;
  • all Student-Faculty Court hearings shall be conducted in closed session, and confidentiality must be maintained at all times;
  • the failure of the student filing the appeal to appear before the Court may result in the automatic dismissal of the appeal;
  • all decisions of the Student-Faculty Court shall be determined by majority vote and shall be final, provided, however, that the aggrieved student may appeal any decision of the Student-Faculty Court directly to the President of the College within 10 days after he/she has been notified of the decision of the Student-Faculty Court, and the decision of the Student-Faculty Court may be reviewed by the President of the College;
  • the decision of the President of the College in all matters is final;
  • the Chief Justice of the Student-Faculty Court will inform the student and the Vice Provost of the decision of the Court by regular mail directed as follows: to the Vice Provost for Student Life, c/o Iona College; and to the student, at the address contained in the College records. Notification shall be deemed to have been made upon mailing; and
  • if the aggrieved student or the Vice Provost requests an official transcript of any or all hearings be taken, the party who makes the request must bear the total cost of this service. The request of an official transcript must be made at the time of the notice of appeal.

The College will then secure the services of a court stenographer to supply the requested service. The fee will include all charges for services provided by the court stenographer to record and transcribe the minutes of the hearing or hearings. Jurisdiction of the Student-Faculty Court:

  • the Student-Faculty Court shall hear appeals only in cases involving suspension (in excess of five class days) or dismissal from the College.

Disciplinary Sanctions

When a student has been found guilty of violating the Code of Conduct, a sanction or a combination of sanctions may be imposed. Below is a description of the sanctions available to the hearing officers and/or the Student-Faculty Court.

Dismissal:

Permanent separation of the student from the College. Permanent notification may appear on the student's official transcript. The student will also be barred from College premises and may face criminal charges if any condition of the dismissal is violated. Any student who is dismissed from the College is required to leave campus within the time specified by the Vice Provost or the Student-Faculty Court (usually not more than 24 hours).

Suspension:

Suspension is defined as separation of the student from the College for a specified period of time. Permanent notification may appear on the student's official transcript. The student shall not participate in any College-sponsored activity and may be barred from the College premises. A student may face criminal charges if a related condition of the suspension is violated. Conditions for readmission will be established at the time of suspension. Any student who is suspended from the College is required to leave the campus within the time specified by the Vice Provost or the Student-Faculty Court (usually not more than 24 hours). A suspended student must meet with the Vice Provost and must gain written approval from him/her before returning to class or registering for the next semester or academic year.

Interim Suspension:

The student may be suspended for an interim period pending disciplinary proceedings and/or medical evaluation. Such interim suspension is to become effective without prior notice, whenever there is evidence that the continued presence of the student on the College campus poses a substantial threat to himself/herself or to others, or to the stability and continuance of normal College functions. Permanent notification may appear on the student's official transcript. A student may face criminal charges if a related condition of the suspension is violated. A suspended student must meet with the Vice Provost and must gain written approval from him/her before returning to class or registering for the next semester or academic year.

Suspension or Dismissal from Residence Halls:

The student is required to remove himself/herself and all of his/her belongings from the residence halls. This sanction may be either temporary or permanent, and will be specified by the Assistant Vice Provost for Residential Life at the time of adjudication. Any student who is suspended or dismissed from residence is required to leave the halls and remove his/her belongings within 24 hours unless otherwise specified by the hearing officer. When a decision is appealed, a student may leave his/her belongings until the conclusion of the appeal.

Disciplinary Probation:

The student shall not represent the College in any co-curricular or extracurricular activity or run for or hold office in any student group or organization. Additional restrictions or conditions may also be imposed. Violation of any of the terms of disciplinary probation subjects a student to immediate suspension or dismissal.

Group Suspension or Revocation:

A campus organization can be denied some or all of its rights and/or privileges as contained in this Handbook. This sanction may be either temporary or permanent. All Greek and Social Fellowship organizations are subject to immediate suspension and or revocation of charter for violation of the College's policy on pledging/potential/new member education process.

Disciplinary Reprimand:

The student is warned that further misconduct may result in more severe disciplinary action.

Restitution:

The student is required to make payment to the College or to other persons, groups, or organizations for damages incurred as a result of a violation of the Code of Conduct.

Other Sanctions:

Other sanctions may be imposed instead of or in addition to those specified in the sections above. For example, a Disciplinary Hearing Fee not to exceed $500 may be imposed in all cases where a student is determined to be in violation of the Code of Conduct. Students may also be subject to restrictions upon or denials of driving privileges for disciplinary violations involving the use or registration of motor vehicles.