All resident students receive a paper copy of the Loyola University Maryland Community Standards Handbook upon check-in. If you need a copy, please see your assistant director, or stop by the central student life office in Seton Court 08B.
Student Rights and Responsibilities in the Hearing Process
Hearings are more structured than educational conferences. However, the intent of the hearing process is not to replicate a court proceeding, but rather to be educational. A hearing is not a formal process such as a civil or criminal trial. Students are not permitted to bring attorneys or parents into the hearing room. Students do not have the right to cross-examine witnesses. Failure to attend a scheduled hearing will result in the hearing being held in the student’s absence. The following is a list of principles to ensure fairness during the hearing process.
- The student shall be informed in writing of the charges against him/her in sufficient time to afford preparation of a defense. Usually, the student is given 48 hours to prepare.
- The student has a right to bring an advisor of his/her choice to the hearing to assist with his/her case. The advisor must be a full-time member of the University community (faculty, administrator, staff, or student) and cannot be an attorney or hold a law degree. The advisor can meet with the student to discuss the student’s case prior to the hearing. If the student or the advisor has any questions, they should contact the hearing officer. The advisor’s role is to provide personal counsel and support to the accused, but not to present the case or address the panel, board, or hearing officer. The advisor cannot serve as a witness in the conduct proceeding. Students are required to notify the office of student life 24 hours in advance of the hearing date if a student plans to bring an advisor. Advisors can request an outline of their role and expectations for their participation in the conduct process.
- The student may request to review information pertinent to the case prior to the hearing. The request must be made 48 hours prior to the hearing. Information will be made available within one business day of the request. Videotape or audiotape recordings that may be used as evidence in a conduct proceeding may be reviewed in advance at the request of the student but will not be duplicated.
- The student has the right to bring witnesses to the hearing to testify on his/her behalf. There is no limitation placed on the number of eyewitnesses or corroborating witnesses. Students are limited to two character witnesses to testify on their behalf. In the event that a witness cannot attend a hearing, a written statement signed by the witness and completed in the presence of a police officer or student life staff member may be submitted as relevant information in a hearing.
- The hearing officer or conduct body may call witnesses to provide information at a conduct hearing. Witnesses are expected to appear for a hearing when requested.
- The hearing will be private. All participants are expected to maintain confidentiality regarding the proceedings. Students who receive any information (reports, transcripts, pictures, etc.) that is used in an investigation or a conduct proceeding are prohibited from disclosing that information to any third party (other than the student’s parent/legal guardian or legal counsel).
- A record of the hearing will be kept. Students may request to listen to the recording of their own administrative hearing (to be done in the office of student life). A student may request that a written transcript of his or her own hearing be prepared, at the student’s expense.
- At the completion of the hearing, the hearing officer will indicate a time and place at which the student will receive the decision of the hearing. The decision will include whether the student was found responsible for any or all of the charges and the sanctions, if any, that have been imposed.
- If the student is found responsible, the hearing officer or conduct body will then review the student’s current conduct history in order to determine sanctions. A decision letter will be sent to the student, listing the charges, the decision on each charge, and the sanctions imposed. The sanction letter will also indicate the process for appealing the decision. The decision letter will be placed in the student’s disciplinary file.
- The student must complete all sanctions by the specified deadlines as directed by the hearing officer or the conduct body. Those students who have not completed or complied with the sanctions may be charged and found responsible for the violation “Failure to Comply with Conduct Sanctions” described earlier in this Code.
What Is an Educational Conference?
A graduate residence coordinator or assistant director will generally hear first offenses or minor violations of the Student Code of Conduct. During the conference, a discussion will occur as to the student’s involvement in the incident and the circumstances surrounding the incident. Together, the student and the hearing officer will determine what violations of the Code occurred. If a student accepts responsibility for the violations, the remainder of the conference will be spent discussing what sanctions are appropriate. The student then signs the educational conference form indicating agreement with the charges and the proposed sanctions, thus waiving the right to appeal this decision. If the student does not accept responsibility for the violations with which he/she is charged or does not agree with the disciplinary sanction(s) imposed, the case will then be referred to a different hearing officer or Peer Conduct Board for an administrative hearing.
What Is an Administrative Hearing?
An administrative hearing generally occurs when one or more of the following situations exists: 1) a resolution does not occur during the educational conference, 2) the student fails to attend an educational conference or to respond to a request for an educational conference, or 3) the severity of the alleged violation or the student’s prior conduct history warrants an administrative hearing. The student will be notified in writing of the charges of violations of the Code. In the charge letter, the student will be given the date, time, and location of the hearing or will be asked to schedule an appointment. Administrative hearings are held before either the Peer Conduct Board, an administrative panel, or before an administrative hearing officer. During the hearing, the student will be expected to respond to the charges listed in the charge letter. The student will be asked to explain his or her involvement in the incident and, if found responsible, what sanctions would be appropriate. The “Rights and Responsibilities of Students in the Hearing Process” apply to administrative hearings.
What Is a Peer Conduct Board?
The Peer Conduct Board is a conduct hearing body comprised of three to five undergraduate students and one non-voting advisor, usually a graduate residence coordinator. In order to have a quorum, three students and the advisor must be present. These students are selected and trained to hear conduct cases. The Peer Conduct Board will usually hear cases that involve violations that have an impact on the larger community in which students live. These violations include but are not limited to quiet hours, roommate issues, disorderly gatherings, alcohol violations, and visitation. The Peer Conduct Board hears the case, decides on responsibility for the charges, and determines sanctions. The “Rights and Responsibilities of Students in the Hearing Process” apply to the Peer Conduct Board Hearings.
What Is a University Board on Discipline Hearing?
The University Board on Discipline hears all appeals for the sanction of an expulsion or a suspension from both the residence halls and from the University. A University Board hearing is comprised of two faculty, one administrator, and two student members. The hearing is overseen by a non-voting administrator of the University. The outcome for students who appeal a suspension or expulsion sanction to the University Board could include one of the following:
- Sanction is decreased
- Charges are dismissed
- Sanction is left unchanged
- Sanction is increased
For more information about a University Board on Discipline Hearing, contact Robert Bacon, Associate Director of Student Life for Student Conduct, at email@example.com or 410-617-2488.