Student Conduct Hearings

Decision of Responsibility

Not Responsible – No violation of a rule or regulation has been proven by a ponderance of evidence.

Responsible – A violation of a rule or regulation has been proven by a preponderance of evidence.

Purpose, Rights and Responsibilities

The purpose of a Conduct Hearing at Bradley University is to hear and adjudicate cases in which students or student organizations have been charged with violating the University’s Conduct Policy.

Students or student organizations who have been charged with violating the conduct policy will be given fair and objective consideration.
Students or student organizations who have been charged may present information about the incident and may present witnesses.
Students and student organizations who have been charged will be presented with the script to be used in their Hearing Panel or University Student Arbitration Board.
The student or student organization has the right to ask questions of anyone who presents information to support the charges. Due process, as outlined in this document will be consistently applied to all cases.
The burden of proof lies on the one presenting the charges.
The accused student or student organization has the right not to appear at the Hearing, which will be held in their absence. The failure of an accused student or student organization to appear should not be taken as an admission of a violation and must be noted as such without prejudice.
The student or student organization has the right to be accompanied by an advisor of their choosing. The advisor may be an administrative official, faculty or staff member, parent, organization advisor or student, but may not serve in a legal capacity.
Decisions by will be based on preponderance of the evidence.
A student or student organization who purposely avoids or fails to respond in a reasonable time to a University conduct inquiry or investigation may be subject to temporary suspension until they have complied.
Pending action on the charges, the status of a student will not be altered or his/her right to be present on the campus and to attend classes suspended, except where such action is reasonably required for his/her physical or emotional safety and welfare of students, faculty, or University property, or except where the presumption is strong that he/she has participated in a willful disruption of the functions or services of the institution or the use of its facilities.
Pending action on the charges, the status of a student organization may be altered where the presumption is strong that the organization has participated in a willful disruption of the functions or services of the institution or the use of its facilities, or where actions may be detrimental to the physical or emotional safety and welfare of students, faculty or University property.

Administrative Panel and Hearing Board

A University Administrative Panel is typically composed of three Administrative Staff members from the Division of Student Affairs. All are appointed by the Vice President for Student Affairs. One Staff member serves as the Board Coordinator and is responsible for coordinating all efforts and expectations of the Panel.

A University Hearing Board is typically composed of three Administrative Staff members from the Division of Student Affairs. All are appointed by the Vice President for Student Affairs (or designee). One member serves as the Board Coordinator and is responsible for coordinating all efforts and expectations of the Board.

Members of the Panel assigned to a hearing are expected to:

Participate in orientation sessions
Prior to the hearing date, review all information provided in the case file.
Convene at the date and time of the hearing.
Attend meetings of the Panel
Discuss and vote on each case

The Board Coordinator is expected to:

Preside at sessions of the Panel
Keep a record of attendance of members of the Panel
Record the outcomes of the hearing and provide the outcomes to the accused student or student organization and other appropriate parties in a timely fashion

Members of the hearing board assigned to a hearing are expected to:

Participate in hearing orientation sessions
Prior to the hearing date, review all information provided in the case file
Convene at the date and time of the hearing
Attend meetings of the hearing board
Discuss and make a decision on each case

The Board Coordinator is expected to:

Preside at sessions of the hearing board
Record the outcomes of the hearing and provide the outcomes to the appropriate parties in a timely fashion

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Procedures

All Bradley University students are answerable to the Standards of Conduct. No student may avoid a conduct inquiry by failing to respond in a reasonable time frame to a notice to see an administrator. Failure to comply with an administrative directive in this area may entail disciplinary action up to, and including, suspension from the University.
In all situations, procedural fair play requires that the student be informed of the nature of the charges against him/her, that he/she be given a fair opportunity to refute them, that the institution not be arbitrary in its action, and that there be provision for appeal of decision. These requirements will be met by the following procedure which applies to your case.

The student will be informed, in writing, of the reasons for the proposed disciplinary action with sufficient particularity, and in sufficient time to insure opportunity to prepare for the hearing.
Should the accused student fail to appear and/or respond to the hearing notice, evidence in support of the charges shall be presented and considered even in the absence of the accused party. No imposition of sanctions shall be imposed solely upon failure of the accused party to answer the charges or appear at the hearing.
The student has the right to be assisted in his/her defense by an advisor of his/her choice. The advisor must be a non lawyer.
The burden of proof rests upon the one bringing the charge.
The student will be given an opportunity to testify and to present material evidence and witnesses. He/she will have an opportunity to hear and question adverse witnesses. In no case will the committee consider statements against him/her unless he/she has been advised of their content and of the names of those who made them, and unless he/she has been given an opportunity to rebut unfavorable inferences which might otherwise be drawn.
Pending action on the charges, the status of a student will not be altered or his/her right to be present on the campus and to attend classes suspended, except where such action is reasonably required for his/her physical or emotional safety and welfare of students, faculty, or University property, or except where the presumption is strong that he/she has participated in a willful disruption of the functions or services of the institution or the use of its facilities.
All matters upon which the decision may be based must be introduced into evidence at the proceeding before the conduct body.
In the absence of a transcript, there will be both a digest and a verbatim record, such as a tape recording of the hearing.
Appeals of decisions shall be made in writing to the Vice President for Student Affairs within five days of the date of notification of the decision.
A student who purposely avoids or fails to respond in a reasonable time to a University conduct inquiry or investigation may be subject to temporary suspension until he/she has properly complied.
The student and conduct officer may agree on the University violations for which the student is responsible and the sanctions to be imposed. In this case, a sanction letter is generated, and the case is resolved. There is no right to appeal, unless the student has agreed to a sanction of disciplinary probation, suspension or dismissal, in which case the student maintains appeal rights. In cases where multiple students face possible violations, no agreement is considered final until all involved students have preliminary conduct hearings and decision has been reached about their case(s).
The conduct office reserves the right to refer any case to a hearing board.

The president will be considered the main point of contact for the process. An email will be sent to the student organization’s president or equivalent and advisor listed on their annual registration form requesting an initial meeting. The email will request that the student contact the Student Activities Office to schedule an initial meeting to review the charges and begin the investigation.
Student Leaders must:
1. Contact Student Activities within 48 hours of email being sent to schedule the initial meeting
2. Attend the initial meeting
The purpose of this meeting is to acquaint the student organization with the process, advise organization of alleged violations, discuss all relevant information, and determine the need for further investigation.
At the initial meeting or any time after, the student organization may accept responsibility for the charges and move immediately to sanctioning (Administrative Hearing) or they may be presented with an opportunity to request a formal conduct hearing through either an Administrative Panel or University Student Arbitration Board.
Should the student organization be found responsible by the Administrative Panel or University Student Arbitration Board the resulting sanction may be the same as, less, or more severe than those provided by the Administrative Hearing.
Additional meetings may be scheduled if a request for a formal hearing is requested by the student organization in order to gather additional information.

Interim Suspension

Pending action on the charges, the status of a student will not be altered or his/her right to be present on the campus and to attend classes suspended, except where such action is reasonably required for his/her physical or emotional safety and welfare of students, faculty, or University property, or except where the presumption is strong that he/she has participated in a willful disruption of the functions or services of the institution or the use of its facilities.

A student organization may be suspended for an interim period pending a formal hearing when there is reasonable cause to believe that the continued activities of the organization and its members may cause an immediate threat and/or undue concern within the university community. During the interim suspension, the organization is required to cease all organizational activities immediately upon receipt of written notice.

Sanctions

When a student is found responsible for violations of the Conduct Policy, the Board or Hearing Officer, will determine the appropriate sanction. In determining an appropriate sanction, the hearing body may consider sanctions that have previously been imposed against the student for other violations, rules or regulations. Possible sanctioning may include but is not limited to:

Parental Notification: A student who is dismissed or suspended will be required to notify his/her parent or legal guardian of the fact and the reasons. If the parent or legal guardian is not notified by the student within a reasonable amount of time, the Executive Director of Residential Living and Student Conduct will make the notification. A student under the age of 21 who is found in violation of the University’s policies on the use and/or possession of illegal drugs or paraphernalia will be required to notify his/her parents or legal guardian. A student under the age of 21 who is found responsible for a violation involving alcohol misuse or abuse may also be required to notify his/her parent or legal guardian.
Other dispositions: At the conclusion of any case in which a student is found not responsible, the charges will be dismissed.
Campus or Community Assistance Requirement: An individual or group may be assigned to perform a task or spend a specified number of hours in a supervised campus or community project.
Referrals: A student may be referred to an appropriate University or community resource for special assistance or information if it is felt there may be a possibility of altering the student’s unacceptable behavior.
Fines or Restitution: A student may be fined or assessed restitution for violating a University regulation.
Censure: Censure indicates misconduct more serious than a warning, but not serious enough for probation and loss of good standing, and shall continue for a specified time. Another violation while under censure can lead to more serious Conduct sanctions.
Banning: An individual student or group of students may be banned, when appropriate, from any or all buildings or grounds owned or operated by the University, or from any University program or activity, for a specified amount of time. Any student suspended or dismissed from the University is banned from the University during the period of his/her sanction. (For a definition of these properties owned or operated by the University, contact the Bradley Police Department.)
Disciplinary Probation: Disciplinary probation is a status between good standing and suspension or dismissal from the University. It specifies a time period during which the student is not considered to be in good standing in terms of personal conduct but may remain enrolled under specified conditions according to University policies. If the conditions are fulfilled during the time period, probation is lifted and the student is returned to good standing. If the conditions are not fulfilled, the student will be dismissed, suspended, or the probation may be extended, as appropriate in a given case. Students found in violation of further infractions of the Conduct Policy while on disciplinary probation may face suspension or dismissal. Rulings in these instances shall be made by Residential Living and Student Conduct.
Suspension from the University: University suspension is an involuntary separation of a student from the University that specifies a time limit and the conditions to be met before a student may request reinstatement. A student suspended for Conduct reasons is not considered to be in good standing in terms of personal conduct by the University. Students returning to the University after suspension may be placed on disciplinary probation. Students returning to the University after suspension may be required to live in the residence halls for up to one full academic year.
Dismissal from the University: University dismissal is an involuntary permanent separation of a student from the University. A student dismissed for Conduct reasons is not considered, in terms of personal conduct, to have left the University in good standing. A student who is dismissed or suspended is subject to the refund policy as stated in the Undergraduate Catalog under Complete Official Withdrawal.

When a Student Organization is found responsible for violations of the Conduct Policy, the Board or Hearing Officer, will determine the appropriate sanction. In determining an appropriate sanction, the hearing body may consider sanctions that have previously been imposed against the organization for other violations, rules or regulations. Possible sanctioning may include but is not limited to:

Censure: Censure indicates misconduct more serious than a warning, but not serious enough for probation and loss of good standing, and shall continue for a specified time. Another violation while under censure can lead to more serious Conduct sanctions.
Campus or Community Assistance Requirement: A student organization may be assigned to perform a task or spend a specified number of hours in a supervised campus or community project.
Fines or Restitution: A student organization may be fined or assessed restitution for violating a University regulation.
Loss of Privileges: May include, but are not limited to, loss of any or all of the following:
- Loss of housing releases
- Hosting or participating in events or activities
- Participating or receiving funding through the Student Activities Budget Review Committee (SABRC) appropriations process
- Use of space and privileges in the Student Center, Garrett Center, Markin Center and other on-campus facilities
- Representing the university in an official capacity
- Leadership roles or positions in appointed or elected office with that organization’s governing body
Disciplinary Probation: A specific period of time during which an organization is required to report to the Student Activities Office on a regular basis in order to assess current behavior. If the conditions are fulfilled during the time period, probation is lifted and the student organization is returned to good standing. If the conditions are not fulfilled, the student organization will be suspended, or the probation may be extended, as appropriate in a given case. Student organizations found in violation of further infractions of the Conduct Policy while on disciplinary probation may face suspension or dismissal.
Social Probation: A specific period of time during which an organization is required not to hold specific types of social activities.
Suspension: Suspension means denial of rights and privileges of official Student Organizations for a specific period of time. Any organization whose registration is suspended or revoked must cease all organizational activities upon receipt of the notice of revocation or suspension. Any member of a suspended organization may not hold an appointed or elected office with that organization’s governing body for the duration of the organization’s period of suspension.
Permanent Revocation of Organization’s Registration: Permanent Revocation of the organization’s registration means revocation without ability to apply for a new registration. Any organization whose registration is permanently revoked must cease all organizational activities upon receipt of the notice of permanent revocation. Any member of an organization whose registration has been permanently revoked shall relinquish any appointed or elected office held with that organization’s governing body.

Student Alcohol Sanctioning Guidelines

All sanctions apply for students receiving citations/referrals within 12-24 months of the previous incident. Letter home is not sent, per FERPA regulation, to those students who are over the age of 21.

Incident	Sanction
Drinking ticket/police referral Misuse/abuse of alcohol Residence hall referral Destruction of property (minor)	First Offense: $50 fine, alcohol education program, restitution for damages Second Offense: $100 fine, Fresh Start Program, GAIN assessment, letter home, Disciplinary Probation, restitution for damages Third Offense: Suspension from University
Transported to hospital Medical risk Passed/blacked out	First Offense: $100 fine, Fresh Start Program, GAIN assessment, letter home, Disciplinary Probation, restitution for damages Second Offense: Suspension from University
Harm to others Violent behavior Driving under the influence Destruction of property (major)	Sanctions will be determined by severity of the behavior. Sanctions could range from disciplinary probation and education programs to suspension or expulsion from the University.
Host(s) of events where alcohol citations/referrals are received	First Offense: $250 fine Second Offense: $500 fine, Disciplinary Probation Third Offense: Suspension from University

Student Marijuana/Cannabis and Drug Sanctioning Guidelines

Incident	Sanction
Second Hand Cannabis Odor, Cannabis odor that permeates on University property, Possession or use of items that conceal or disguise drug use odor. The use of any substance which creates an odor that may be confused with illegal substances is prohibited. This includes, but is not limited to, odors that smell like cannabis.	First Offense: $50 fine, on-line drug educational program Second Offense: $100 fine, Marijuana Intervention Program, GAIN Accidental Harm to Self-assessment (Global Assessment of Individual needs), Letter home, Disciplinary Probation Third Offense: Suspension from University
Cannabis Use, Presence of Cannabis Smoke or Odor, Possession of Cannabis, Possession of Drug Paraphernalia, Possession of other controlled substances, not chargeable as a felony under Illinois State law	First Offense: $50 fine, on-line drug educational program Second Offense: $100 fine, Marijuana Intervention Program, GAIN Accidental Harm to Self-assessment (Global Assessment of Individual needs), Letter home, Disciplinary Probation Third Offense: Suspension from University
Controlled substances chargeable as a felony under Illinois State law: i.e. cocaine, heroin, LSD, ecstasy, methamphetamine, etc.	First Offense: Suspension/Dismissal from University

Appeals

A student found responsible may request an appeal of the decision. Appeals of decisions shall be made in writing to the Vice President for Student Affairs, within five days of the date of notification of the decision.

Appeals are reviewed on the following grounds:

A procedural error occurred that significantly impacted the outcome of the hearing.
There is new or unavailable evidence that was not available during the original hearing or investigation that could have substantially impacted the original findings.
The sanctions imposed are substantially disproportionate to the severity of the violation.

Appeal decisions are final.

A student organization found responsible may request an appeal of the decision. Appeals of decisions shall be made in writing to the Executive Director of Student Involvement, unless the sanction is loss of University recognition, then appeals may be submitted to the Vice President for Student Affairs, within five days of the date of notification of the decision.