Elon University Student Handbook

The Judicial Process

The judicial system outlines the steps involved in examining and adjudicating reports of honor code violations. The topics covered in this section are listed below. Detailed descriptions of them follow.

* Introduction and philosophy of the judicial system

* Determination/selection of the hearing body

* The Elon Honor Board

* Elon Honor Board Procedures

Introduction and Philosophy
Elon University views its role in the administration of institutional policy as one of both ensuring fairness and providing an educational opportunity for the student. This approach protects the campus community by providing a system of educational and punitive sanctions for those violating university policies and also encourages growth and development of students through supporting the practice of responsible behavior in a community. The educational approach infers a need for understanding and self discipline on the part of the student as well as a respect for the rights and privileges of others.

The basic philosophy and principles which guide the Judicial System at Elon University are:

* The judicial process is necessary and effective when it is applied in the learning experience of a student and/or for protection of the community of which s/he is a member.

* When campus judicial action becomes necessary, that action should be handled expeditiously and thoroughly.

* The education of students concerning the policies of the university, emphasizing the need to live by those rules in a community of people, is promoted in residence hall meetings, judicial hearings and during any other contact made with individuals charged with violating university policy(ies).

* In judicial conferences involving students who are accused of violating university policies, consideration will be given to all information relevant to the case. This is to ensure that a fair process and appropriate consideration are extended to all students.

Selection of the Hearing Body

Academic Policy Cases
If the student is charged and admits responsibility, s/he will meet with the course professor to discuss the charges and the professor will assign "course related" sanctions. The professor will then submit the materials to the Assistant Vice President for Academic Affairs to determine if "university related" sanctions are appropriate. If the charged student denies any misconduct, the case will automatically be referred to the Elon Honor Board.

If a charged student denies any misconduct, the Assistant Vice President for Academic Affairs will convene the honor board. Charges reported as allegedly occurring within ten or less days before Reading Day each semester may have to be heard by the board during the subsequent semester.

Social Policy Cases
Most social honor code proceedings are initiated when an Elon Incident Report is filed. Based on the preliminary screening of the report, potential charges are determined. If the incident occurs in a residence hall area or Greek house and involves any of the charges listed below, the incident report is usually referred to a residence life or Greek life professional staff member for investigation and adjudication. These cases, as well as those occurring outside the residential communities, may be referred to the assistant director of judicial affairs or assistant dean of students for adjudication. Cases that are usually referred to the residence life or Greek life staff for adjudication include:

• Alcohol policy (first and second offenses)

• Behavior which endangers the health and safety of self and/or others

• Disorderly conduct

• Failure to comply with a lawful directive of a university official

• Fighting

• Gambling

• Harassment

• Lying

• Possession of lost or stolen property

• Stealing

• Swimming, wading or skating in restricted areas.

After the incident report is assigned, the designated administrative hearing officer will send the student a Notice of Judicial Action letter. This letter will indicate what the potential charges are and the recommended sanctions if the student is found responsible. If the student wishes to accept responsibility for the charges and the recommended sanctions without a formal meeting, then s/he should contact the administrative hearing officer whose name appears on the letter. If the student does not respond by the assigned date to schedule a judicial conference, then the case will be heard without the student present, a decision will be reached and the student will be notified.

If the accused student believes that s/he is not responsible for the charges, then the student must contact the administrative hearing officer by the date specified. The administrative hearing officer will arrange a conference with the student to discuss the incident. At the meeting, the administrative hearing officer will consider all information the student shares. S/he will conduct any additional investigation necessary and will then render a decision. The administrative hearing officer may choose to refer the case to the assistant director of Judicial Affairs or assistant dean of students for adjudication. The guidelines for making an appeal are outlined in the Appeal Procedures section.

Violations which involve the following are normally referred to the assistant director of Judicial Affairs or the assistant dean of students. The assistant director of Judicial Affairs or assistant dean of students will conduct an investigation and will determine if the case warrants referral to the Elon Honor Board. Cases that are normally referred to the assistant director of Judicial Affairs or assistant dean of students for adjudication are:

• All violations for which suspension is the minimum recommended sanction. This includes incidents where multiple violations have occurred and the composite recommended sanction would be suspension.

• Incidents involving the use, possession or sale of drugs and/or drug paraphernalia

• Setting fires or tampering with fire and/or life safety equipment

• Cases dealing with firearms or weapons on campus

• Incidents involving students charged with violations that would be considered by the civil/criminal system to be a felony

• Incidents that do not occur in a residence area, including official study abroad courses/experiences

• Cases which involve civil or criminal action against a student

• Possession of a keg or other multi-serving (common) containers

• Hazing violations

• Fraud

• Cases referred by the residence life staff or any other administrative hearing officer.

A student who is accused of one of the above categories of charges or referred by a hearing officer will meet with the assistant director of Judicial Affairs or assistant dean of students. The assistant director or assistant dean will review all information the accused student has to share regarding the incident. The assistant director or assistant dean will then determine if any additional investigation is necessary. The assistant director or assistant dean will decide if the case will be adjudicated administratively or if it warrants referral to the Elon Honor Board. Cases that will immediately be considered for referral to the Elon Honor Board are cases which involve gross violation(s) of community standards or personal violations (fighting, sexual offenses, other acts of violence, weapons, etc.). Reported violations of the honor code alleged as occurring within ten or less days before Reading Day each semester may have to be adjudicated during the subsequent semester.

If the case is adjudicated administratively, the assistant director or assistant dean of students will conduct the hearing. The assistant director or assistant dean will hear the case and prescribe the sanction, if appropriate. The guidelines for making an appeal are outlined in the Appeal Procedures section.

Involuntary Withdrawal
The president, provost/vice president for academic affairs, vice president for business, finance and technology, vice president for student life, or persons functioning under their direct authority, may carry out immediate, involuntary withdrawals concerning the conduct of a student. In extreme cases, prompt and decisive action may be required before there is an opportunity to conduct a hearing, as in cases in which a student's continued presence on campus substantially impedes the orderly functioning of the university or constitutes an immediate threat to the well-being or property of members of the university community or if the student requires more supervision than the university staff can reasonably provide. Students withdrawn involuntarily shall have a prompt meeting with the vice president for student life or his designee to review the behavior which forms the basis for the student's withdrawal. In some cases the student may be required to reside off campus and/or be given restricted access to the campus without being involuntarily withdrawn pending the outcome of the hearing.

Withdrawal in Lieu of Facing a Hearing
Under certain conditions, the vice president for student life may agree that a student charged with an offense may withdraw from the university rather than face a judicial hearing. A student must request such an option in writing and must stipulate that the petition is voluntary. Before being eligible to apply for re-admission to Elon, the student must fully satisfy requirements which will be specified. A student withdrawing in lieu of facing a judicial hearing must have the clearance of the vice president for student life before s/he may apply for readmission to the university. Re-admitted students will be on preliminary suspension upon return and may be required to meet other conditions to continue enrollment.

Judicial Cases Involving Student Organizations
Judicial cases involving student organizations will be adjudicated by the assistant vice president for student life. The assistant vice president for student life may consider recommendations for determination of responsibility/non-responsibility and sanctions from judiciaries such as the Interfraternity Council Honor Board, the Panhellenic Council Honor Board, Sports Club Council, etc. The assistant vice president for student life will make the final decision.

An organization may request to appeal the decision of the assistant vice president for student life to the vice president and dean of students on the grounds of: the discovery of new and substantial information relevant to the outcome of the decision, excessiveness of sanction and/or substantial violation of procedures to ensure a fair representation of the case by the student organization. The written request for an appeal must be received in the Office of the Vice President and Dean of Students by 5 p.m. on the second working day after the initial decision is rendered.

Sanctions for student groups may be made known to the campus and public.

NOTE: This university judicial system may be subject to change without notice in cases involving civil or criminal prosecution.

Elon Honor Board
The Elon Honor Board consists of 12 students (six elected by the student body and six appointed by the SGA President), three of which must be present at the hearing; six faculty (two elected by the Academic Council and four appointed by the provost/vice president for academic affairs), of which two must be present at the hearing; and two Student Life administrators (appointed by the vice president of student life), one of which must be present at the hearing. The assistant vice president for academic affairs and assistant dean of students are non-voting members of the Elon Honor Board and act as conveners of the board for academic honor code hearings and social honor code hearings.

Honor Board Procedures
The Elon University judicial system is designed to provide fairness and appropriate consideration for those students charged with violating the policies of the university and/or the wider society. Honor boards will adhere to the following to ensure fairness:

• Hearings are restricted to those directly involved with the incident and those requested to be present by the institution.

• The charged student may bring an advisor from the Elon University community (currently enrolled student, faculty or staff member) to the hearing. Advisors may only counsel the student and may not actively participate in the hearings.

• Family members, attorneys or other legal counsel may not attend or serve as advisors in campus judicial proceedings.

• In cases alleging assault by one student against another (including sexual offenses), the alleged victim may also bring an advisor from the Elon community (currently enrolled student, faculty or staff member) to the hearing.

Victims will be notified of the outcome of campus judicial hearings as permitted by the Student-Right-to-Know and Campus Security Act of 1990 (amended 1998). The accused student may submit up to three written character references for consideration by the board. The character references will be considered during sanctioning deliberations if the accused student is found responsible for the violation(s).

A typical hearing board procedure follows this basic outline:

• All witnesses, the charged and his/her advisor and the hearing board members will meet.

• The assistant dean of students or assistant vice president for academic affairs, conveners of the board, will stress confidentiality to all participants.

• The witnesses will leave the room and the charge(s) will be read to the student. The student will respond to the charges and state "responsible" or "not responsible" to each charge.

• The accused student will be allowed to make a statement.

• Those witnesses who substantiate the charge(s) will be requested to make statements.

• Those witnesses who can refute the charge(s) will be asked to make statements.

• The charged student will be allowed to offer any further information or statement(s) on his/her behalf.

• The charged student and his/her advisor will leave the hearing room, and the hearing board members will deliberate and vote "responsible" or "not responsible" on each charge. A majority vote (which shall be by secret ballot) of the voting members of the hearing board is required for a decision.

• Should the decision be responsible, the board members will be given information concerning any prior offenses and written character references (if presented by the charged student). The board may consider prior offenses and sanctions solely for the purposes of determining the appropriate sanctions to be imposed.

• The charged student and his/her advisor will return to the hearing room, and the decision will be shared. The board will provide an explanation of the appeals procedure as outlined in this handbook.

All hearings will be audio-recorded. Audiotapes will be erased if there is no appeal of the hearing board decision or within six days of the conclusion of the appeals process. Audiotapes will remain the property of Elon University. Elon University hearings, unlike proceedings of a court of law, do not require conclusive proof. Instead, the greater weight of the evidence is sufficient to make a decision of responsible. The student has the right to appeal the decision of the Elon University Honor Board to the University Appeals Board.