Student Conduct Programs

It is in the best interests of Gallaudet University and the members of the University community for the University to function as a self-regulated community in an orderly environment. Assurance that sanctions will be promptly imposed on those found responsible for misconduct will help the University preserve order. Having its own responsible student conduct system that follows established procedures will enable the University to deal with internal matters of student discipline. Further, it can deal with such misconduct in ways that encourage positive learning from the experience.

Through a system of student conduct boards and administrative review, students, staff, faculty, and/or administrators are able to participate in the student conduct program to resolve complaints made against students. Underlying the program is a deep regard for discipline as a constructive element of education. Stated another way, the philosophy of this program is based on the belief that a disciplinary problem should be handled so as to maximize the educational experience of the students involved. Such an approach does not eliminate punitive action, including suspension or expulsion, as the prescribed disciplinary sanction. It recognizes that the University must protect itself by appropriate means from individuals whose behavior is contrary to the best interests of the University and its community.

It is the intent of the student conduct program that the University, in handling its disciplinary problems, shall continue the use of discussion, counseling, conciliation, mediation, and other existing procedures, as long as such measures prove effective. The other provisions of the program shall be set in motion in such instances when the informal procedures prove to be, or manifestly appear to be, ineffective, or inappropriate.

Alternative Dispute Resolution

The University believes the conciliation or mediation of disputes will encourage reporting and resolution of complaints. Conciliation or mediation is appropriate when all parties involved-the complainant(s) and respondent(s)-voluntarily agree to engage in this alternative dispute resolution process and the Coordinator of Student Conduct agrees that it is an acceptable alternative to resolve the complaint. Conciliation or mediation is not appropriate for cases involving complaints of sexual misconduct or other serious violations of the Student Code of Conduct; the Coordinator of Student Conduct will make a determination of whether or not conciliation or mediation is appropriate on a case by case basis.

Conciliation or mediation will involve resolution of the incident, and the resolution may include mutually agreeable sanctions if appropriate. Conciliation or mediation agreements are final, and there will be no subsequent proceedings. If conciliation or mediation does not resolve the situation or if the conciliation or mediation agreements are not adhered to, the case will be adjudicated utilizing established disciplinary proceedings as described below.

Disciplinary Proceedings

Any member of the University community (administration, faculty, staff, and students) may make a formal complaint against any student(s) for alleged violations of the Student Code of Conduct. All allegations of violations should be prepared in writing and directed to the Coordinator of Student Conduct; however, the Coordinator of Student Conduct will not accept anonymous complaints. Complaints alleging sexual misconduct or other forms of sex or gender discrimination will be referred to and investigated by the Title IX Coordinator or his/her designee. Persons should refer to appropriate materials available online or in print for procedures for the resolution of such complaints. Those requesting charges are normally expected to serve as the complainant, and to present relevant information in disciplinary conferences and/or hearings. In addition, any allegation of violations should be submitted as soon as possible after the event takes place. The Coordinator of Student Conduct will evaluate all the information, which may include interviews with involved parties and the collection of relevant information as the Coordinator of Student Conduct deems necessary, to determine if the reported allegation(s) has merit and/or if they can be disposed of administratively by conciliation, mediation, or mutual consent of the parties involved on a basis acceptable to the Coordinator of Student Conduct. If the charges are not admitted and/or cannot be disposed of by mutual consent, the Coordinator of Student Conduct may later serve in the same manner as a non-voting member of the Student Conduct Board in a hearing. The Coordinator of Student Conduct may refuse to grant hearings on complaints resulting from incidents that occurred at a time too distant from the date of the filing of charges, or when information or testimony is too vague. Complaints generally should be made within 30 business days after discovery of the alleged violation and/or identification of the alleged violator.

A student charged for alleged violation(s) of the Student Code of Conduct will be entitled to a disciplinary conference or disciplinary hearing. The Coordinator of Student Conduct will make a determination of whether a disciplinary conference or disciplinary hearing will be held, based on the range of sanctions that may be issued for the particular violation. The Coordinator of Student Conduct will serve as the hearing officer for the disciplinary conference or as a member of the Student Conduct Board at all disciplinary hearings. In rare occasions, the Associate Dean of Student Center Programs and Services will assume all roles and responsibilities in the disciplinary process if the Coordinator of Student Conduct is unable to serve in that capacity and the case cannot be rescheduled within a reasonable time.

Formal rules of process, procedures, and/or technical rules of evidence, such as are applied in criminal and civil court, are not used in the Student Conduct disciplinary proceedings.

Disciplinary Conference

In instances where a student is charged with alleged Student Code of Conduct violations that will likely result in a sanction less than removal from University housing, University suspension, or expulsion, the student will be entitled to a disciplinary conference. Minor residence hall violations are usually handled in this manner (for more information on residence hall disciplinary conferences, see p. 131-132). A disciplinary conference will normally consist of an informal meeting between the respondent and the Coordinator of Student Conduct, who will serve as hearing officer. The Coordinator of Student Conduct will gather all information necessary to make a just decision in the case. If the Coordinator of Student Conduct determines that the student is responsible for the violation, the Coordinator of Student Conduct will impose sanctions appropriate for the violation.

Disciplinary Conference Procedures

The following procedural guidelines are established for respondents charged with violations of the Student Code of Conduct and assigned to a disciplinary conference through the Student Conduct Office:

A. The student shall be notified by the Coordinator of Student Conduct or his/her designee that a complaint has been made. The Coordinator shall provide the student with a written statement with the name of the complainant (person(s) or the University), the procedures for resolving the complaint, and the range of sanctions that may be imposed.

B. The student must make an appointment for a pre-disciplinary conference meeting with the Coordinator of Student Conduct or his/her designee no later than three business days after the letter is received.

C. If the student fails to arrange a meeting with the Coordinator of Student Conduct or his/her designee within three business days after receipt of the letter or fails to show up at the scheduled disciplinary conference, information in support of the charge(s) will be presented and considered.

D. The student shall be informed by the Coordinator of Student Conduct or his/her designee of two possible ways to handle the case: 1) appear at a scheduled disciplinary conference and present his/her case before the Coordinator of Student Conduct, or 2) accept responsibility for the violation(s) as charged, waive his/her right to a disciplinary conference and presenting witnesses on his/her behalf, and accept sanctions imposed by the Coordinator of Student Conduct.

E. The student shall be notified at least 72 hours in advance of the time, date, and place of the disciplinary conference. All disciplinary conferences shall be conducted in private.

F. A single disciplinary conference may be held for more than one person charged in a case arising out of a single or multiple occurrence(s). The Coordinator of Student Conduct will make such determinations. However, each student retains the right to have his/her case heard individually.

G. The student will have reasonable access to information pertaining to the case prior to and during the disciplinary conference.

H. The student may appear in person and present relevant information to the Coordinator of Student Conduct and may call witnesses. The student will have the opportunity to hear and question all participants at the conference. Should the student elect not to appear at the conference, it shall be held in the absence of the student. In such instances, the information in support of the charge(s) will be present and considered even if the student is not present.

I. The student may be accompanied by an advisor (the advisor shall be a member of the full-time faculty, staff, or student body of Gallaudet University, but not a lawyer). The student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in the disciplinary conference. Advisors may confer with a student only when there is not a question on the table or a response pending from the student. A student should select an advisor or a person whose schedule allows attendance at the scheduled date and time of the disciplinary conference because delays will not be considered due to the scheduling conflicts of an advisor. Violations of any restrictions for advisors will result in the advisor being removed from the disciplinary conference at the discretion of the Coordinator of Student Conduct.

J. Formal rules of processes, procedures, and/or technical rules of evidence shall not be applicable to disciplinary conferences. Any information or testimony the Coordinator of Student Conduct believes to be relevant may be considered.

K. After the disciplinary conference, the Coordinator of Student Conduct shall determine whether the student is responsible for the violation with which he/she is charged. The Coordinator of Student Conduct's determination shall be made on the basis of whether it is more likely than not that the student violated the Student Code of Conduct.

L. The student shall be informed of the right to appeal a decision to the Associate Dean of Student Center Programs and Services (or the Dean of Student Affairs and Academic Support, if the Associate Dean served as hearing officer in the case). A decision or judgment of the Coordinator of Student Conduct may be appealed by either or both of the parties involved on the following grounds:

  • The disciplinary conference was not conducted fairly and in conformity with prescribed procedures, which made it unfair. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant unfairness results.
  • There is new or newly discovered information that could not have been produced at the conference. In order for the Associate Dean of Student Center Programs and Services (or the Dean of Student Affairs and Academic Support, if the Associate Dean served as hearing officer in the case) to consider new information sufficient to alter a decision, or other relevant facts not brought out in the original conference, such information and/or facts must not have been known at the time of the original conference by the appellant.
  • The decision was or was not supported by substantial information considering the record as a whole. That is, the facts in the case were or were not sufficient to establish that a violation of the Student Code of Conduct occurred.
  • The sanction imposed was excessive or insufficient and not appropriate for the violation.

An appeal must be in writing, must indicate the basis of the appeal with an explanation, and must be made within five business days of the date the parties were notified of the decision. In an appeal case, sanctions assessed by the initial Coordinator of Student Conduct may be held in suspense until acted upon in appeal. The appeal will be reviewed by the Associate Dean of Student Center Programs and Services (or Dean of Student Affairs and Academic Support if the Associate Dean served as the hearing officer), and he or she may affirm or reverse the decision, or modify the sanction originally determined. The Associate Dean of Student Center Programs and Services (or Dean of Student Affairs and Academic Support if the Associate Dean served as the hearing officer) may decide to remand the matter back to the Coordinator of Student Conduct to reopen the hearing, if appropriate. The Coordinator of Student Conduct shall convey pertinent information related to the case. The decision of the Associate Dean of Student Center Programs and Services (or Dean of Student Affairs and Academic Support if the Associate Dean served as the hearing officer) is final and is not appealable.

All disciplinary conferences shall be closed to the public in order to protect the confidential nature of the proceedings.

Because of time concerns and the expenses it would incur, provisions for written transcripts of disciplinary conferences is not required.

The Coordinator of Student Conduct shall determine the rules of procedures in addition to those stated herein, and all procedural questions are subject to his/her final decision.

Disciplinary Hearings

In instances where a student is charged with alleged Student Code of Conduct violations that will likely result in a range of sanctions that may include residence hall suspension, University suspension, or expulsion, the student will be entitled to a disciplinary hearing. A disciplinary hearing will involve a Student Conduct Board or an Administrative Student Conduct Board.

Student Conduct Board

The Student Conduct Board is a fact-finding and decision-making body consisting of members of the University community (faculty, staff, and/or students who have been selected and received training by the Student Conduct Office staff), a non-voting Student Conduct Assistant, and a non-voting Coordinator of Student Conduct (or Associate Dean of Student Center Programs and Services, if the Coordinator of Student Conduct is unable to serve in this capacity). The non-voting Coordinator of Student Conduct will serve as the hearing official and as a consultant to the Board. The members of the Student Conduct Board have the responsibility for hearing complaints against students, determining whether a student is, more likely than not, responsible for a violation of the Student Code of Conduct, and recommending disciplinary sanctions to the Coordinator of Student Conduct.

Administrative Student Conduct Board

The Administrative Student Conduct Board consists of faculty and/or staff representatives and the Coordinator of Student Conduct (or Associate Dean of Student Center Programs and Services, if the Coordinator of Student Conduct is unable to serve in this capacity). The non-voting Coordinator of Student Conduct will serve as the hearing official and as a consultant to the Board. This Board, which meets when the Student Conduct Board is not able to meet and hear a case, is empowered to make decisions and recommend disciplinary sanctions.

Disciplinary Hearing Procedures

The following procedural guidelines are established for the direction of all persons and boards conducting disciplinary hearings on complaints against a student at Gallaudet University.

A. The student shall be notified by the Coordinator of Student Conduct or his/her designee that a complaint has been made. The Coordinator shall provide the student with a written statement containing the name of the complainant (person(s) or the University), the procedures for resolving the conflict, and the range of sanctions that may be imposed.

B. The student must make an appointment for a pre-hearing meeting with the Coordinator of Student Conduct or his/her designee no later than five business days after the letter is received.

C. If the student fails to arrange a meeting with the Coordinator of Student Conduct or his/her designee within five business days after receipt of the letter or fails to show up at the scheduled pre-hearing meeting to decide how the case will be handled, information in support of the charge(s) will be presented and considered, and a decision will be made in the student's absence.

D. The student shall be informed by the Coordinator of Student Conduct of two possible ways to handle the case: 1) appear at a scheduled hearing and present his/her case before the Student Conduct Board, 2) accept responsibility for the violation(s) as charged, waive your right to a hearing and presenting witnesses on your behalf, and accept sanctions imposed by the Coordinator of Student Conduct. In the event of scheduling difficulties or special circumstances warranting it, the complaint may be heard and action decided by an Administrative Student Conduct Board hearing.

E. The student shall be notified at least 72 hours in advance of the time, date, and place of the hearing. Hearings shall be conducted in private.

F. A single hearing may be held for more than one person charged in cases arising out of a single or multiple occurrence(s). The Coordinator of Student Conduct will make such determinations. However, each student retains the right to have his/her case heard individually.

G. The student will have reasonable access to inspect and review information pertaining to the case prior to and during the disciplinary hearing.

H. The student may appear in person and present relevant information to the Student Conduct Board, and may call witnesses. While efforts will be made to accommodate the schedules of all parties involved, scheduling conflicts or failure of witnesses to appear will not constitute grounds for a continuance of the hearing. The student will have the opportunity to hear and question all participants at the hearing. Should the student elect not to appear at the hearing, it shall be held in the absence of the student. In such instances, the information in support of the charge(s) will be presented and considered even if the student is not present.

I. Students may be accompanied by an advisor (the advisor shall be a member of the full-time faculty, staff, or student body of Gallaudet University, but not a lawyer). The student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in the disciplinary hearing. Advisors may confer with a student only when there is not a question on the table or a response pending from the student. In consideration of the limited role of an advisor, a student should select an advisor or a person whose schedule allows attendance at the scheduled date and time of the hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor. Violations of any restrictions for advisors will result in the advisor being removed from the hearing at the discretion of the Coordinator of Student Conduct.

J. The Board may, by majority vote, limit the number of witnesses because of redundancy or irrelevancy.

K. The student may remain silent to preserve the right against self-incrimination. In such cases, other available information will be considered.

L. Formal rules of processes, procedures, and/or technical rules of evidence shall not be applicable to campus disciplinary proceedings conducted pursuant to this Code. Any information or testimony the Board or the Coordinator of Student Conduct believes to be relevant may be considered.

M. The Student Conduct Board may accommodate concerns for the personal safety, well-being, and or/genuine fears of confrontation of the complainant, respondent, and/or other witnesses during the hearing by providing separate facilities, by using a visual screen, videophone, closed circuit television, or video conferences, as determined to be appropriate by the sole judgment of the Coordinator of Student Conduct.

N. The Coordinator of Student Conduct shall exercise control over the proceedings to avoid needless consumption of time and to achieve orderly completion of the hearing. Any person, including the respondent, who disrupts a hearing, may be excluded by the Coordinator of Student Conduct.

O. After the hearing, the Student Conduct Board shall determine whether the student is responsible for the violation with which he/she is charged. All parties, the witnesses, and the public shall be excluded during Board deliberations. The Student Conduct Board's determination shall be made on the basis of whether it is more likely than not that the accused student violated the Student Code of Conduct. The burden of proof rests on the complainant. The respondent shall be entitled to a verbal explanation of any decision, and a letter summarizing the decision and any disciplinary sanctions, if applicable, will also be sent to the respondent except in certain cases where the complainant will also receive a letter summarizing the decision and any disciplinary sanctions, if applicable.

P. The student shall be informed of the right to appeal a decision to the Dean of Student Affairs and Academic Support. A decision or judgment of the Student Conduct Board or the Coordinator of Student Conduct may be appealed by either or both of the parties involved on the following grounds:

  • The Student Conduct Board hearing was not conducted fairly and in conformity with prescribed procedures, which made it unfair. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant unfairness results.
  • There is new or newly discovered information that could not have been produced at the hearing. In order for the Dean of Student Affairs and Academic Support to consider new information sufficient to alter a decision, or other relevant facts not brought out in the original hearing, such information and/or facts must not have been known at the time of the original hearing by the appellant.
  • The decision was or was not supported by substantial information considering the record as a whole. That is, the facts in the case were or were not sufficient to establish that a violation of the Student Code of Conduct occurred.
  • The sanction imposed was excessive or insufficient and not appropriate for the violation.

An appeal must be in writing, must indicate the basis of the appeal with an explanation, and must be made within five business days of the date the parties were notified of the decision. In an appeal case, action assessed by the initial Student Conduct Board or the Coordinator of Student Conduct may be held in suspense until acted upon in appeal, at the discretion of the Dean of Student Affairs and Academic Support. The Coordinator of Student Conduct shall convey pertinent information to the Dean of Student Affairs and Academic Support. The Dean of Student Affairs and Academic Support may affirm or reverse the decision, or modify the sanction originally assessed. The Dean of Student Affairs and Academic Support may decide to remand the matter back to the Coordinator of Student Conduct to reopen the hearing, if appropriate. The decision of the Dean of Student Affairs and Academic Support is final and is not appealable.

No release of information about a case heard by a Student Conduct Board is permitted except jointly by the Coordinator of Student Conduct and a higher administrative authority.

All Student Conduct hearings shall be closed to the public in order to protect the confidential nature of the proceedings.

Any Student Conduct Board member shall elect to abstain from participation in a hearing when the member has a duality of interest in the case or a personal reason that precludes participation without prejudice. Any party may challenge a Student Conduct Board member on the grounds of personal bias prior to the beginning of the hearing. A board member or members may be disqualified by the Coordinator of Student Conductor upon majority vote of the voting members, conducted by secret ballot.

Because of time concerns and the expenses it would incur, provision for written transcripts of campus disciplinary hearings is not required.

The Student Conduct Board and/or Coordinator of Student Conduct shall determine the rules of procedure in addition to those stated herein, and all procedural questions are subject to the final decision of the Coordinator of Student Conduct.

DISCIPLINARY SANCTIONS

If a Student Conduct Board or the Coordinator of Student Conduct decides that a student should be disciplined, the disciplinary action should be consistent with the severity of the offense. Attempts to commit acts prohibited by the Student Code of Conduct may be disciplined to the same extent as completed violations. Following are sanctions recognized by Gallaudet University; the Board or the Coordinator of Student Conduct may implement other sanctions instead of or in addition to those specified below:

A. Disciplinary Reprimand - Verbal warning or written notification to a student that he/she has violated a University rule or policy and that subsequent wrongful conduct will not be tolerated and may result in severe disciplinary action.

B. Rehabilitative Probation - A period of time, not to exceed one year, during which the student is required to control questionable behavior. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any institutional regulation(s) during the probationary period.

C. Discretionary Sanctions - Work assignments, essays, educational projects, service to Gallaudet University, prohibition from hosting an event including alcohol on or off campus, or other discretionary assignments.

D. Restitution - Reimbursement for damages to or misappropriation of property and/or compensation for injury. This may take the form of appropriate service and/or monetary or material replacement.

E. Fines or Loss of Housing Priority Points - Previously established fines or a specific amount decided upon by the Office of Student Conduct and/or the Office of Residence Life and Housing may be imposed. A demotion of a student's housing priority points for room selection by a specific amount of points may be issued.

F. Disciplinary Probation - A specified trial period during which a student whose conduct has been found wrongful has the opportunity to prove that he/she can uphold University rules and policies. It may exclude a student from participation in privileged and/or extracurricular activities as set forth in the notice for the specified period of time. Students found responsible for violations involving alcohol and other drugs will be referred to the alcohol and other drugs educational programs and counseling offered by the University. Failure to attend will result in charges for failure to comply with the Board's decision. The terms imply that violation of any provision in the Student Code of Conduct would be viewed not only as a violation of the regulation itself, but also as a violation of the probation and would most likely result in his/her suspension from the University.

G. Residence Hall Suspension - Separation of the student from the residence halls for a definite period of time after which the student is eligible to return. The student will be required to depart the residence halls within 72 hours or otherwise as specified by University administration. Conditions for readmission may be specified, and a ban from the residence halls may be imposed. As part of the sanction, suspension does not result in a prorated room refund according to regular University policy.

H. Deferred Residence Hall Suspension - A suspension that becomes effective after a specified date. This action is appropriate near the end of the semester to avoid financial and housing hardships that an immediate suspension often entails.

I. Residence Hall Expulsion - Permanent separation of the student from the residence halls. A ban from the residence halls will also be imposed.

J. Loss of Off-Campus Housing Privileges - The loss of the privilege to live off-campus for a specific period of time. The sanction stipulates that the student must have a housing assignment on campus in order to maintain student status.

K. University Suspension - The immediate removal of the privilege to attend Gallaudet University for some specific minimum period of time. The student must sever connections completely with the University. The suspended student may also be placed on persona non grata status (see definition of persona non grata below). At the end of the suspension, a student may apply for readmission. The suspended student is expected to inform the vocational rehabilitation counselor or other agencies through which financial assistance is received. As part of the sanction, suspension does not result in a prorated room refund according to regular University policy.

L. Deferred University Suspension - A suspension that becomes effective after a specified date. This action is appropriate near the end of a semester to avoid financial and housing hardships that an immediate suspension often entails.

M. Expulsion - Permanent dismissal from Gallaudet University. Procedures to petition this sanction are similar to those for suspension. As part of the sanction, expulsion does not result in a prorated room refund according to University policy.

N. Access Restriction - Prohibition from entering certain buildings or the residence halls for any reason. Failure to comply with the terms would result in the person being removed from the premises and being charged for violating this regulation.

O. Persona Non Grata - Prohibition from entering campus premises and attending all University-sponsored activities on- and off-campus for any reason. Failure to comply with the terms would result in the person being removed from the premises by the Department of Public Safety and/or being charged in D.C. with criminal trespass.

P. Community Service - Work assignments may be a part of a disciplinary probation or may be imposed as an independent sanction. Community service hours completed will not count towards fulfilling the student's community service requirements for graduation. If the student does not complete the community service assignment by the assigned completion date, a charge of non-compliance of a University decision will result.

A student's disciplinary history and prior record may be considered a factor for more severe sanctions, if appropriate.

HEARING PROCEDURES FOR STUDENT ORGANIZATIONS

The discipline of student organizations is incorporated into the general Student Code of Conduct of Gallaudet University and operates according to rules of that system. The University may carry out disciplinary proceedings and impose disciplinary sanctions on a student organization or recognized club found responsible for violation(s) of the Student Code of Conduct without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Any member of the University community may file charges against an organization for misconduct. Charges should be prepared in writing and directed to the Coordinator of Student Conduct. Any charge should be submitted as soon as possible after the event takes place.

The Coordinator of Student Conduct may conduct an investigation to decide whether a formal charge will be brought against the organization. The Coordinator of Student Conduct may refuse to grant hearings on complaints about incidents that occurred at a time to distant from the date of the filing of charges or when information or testimony is too vague.

The following procedural guidelines are established for the direction of all persons and boards conducting formal hearings on disciplinary complaints against a student organization at Gallaudet University.

A. The organization will be notified by the Coordinator of Student Conduct that a disciplinary complaint has been filed. The president/chair of an organization and/or his/her designee shall represent the organization in any proceedings involving alleged violations of the Student Code of Conduct by the organization.

B. An appointment for a pre-hearing meeting with the Coordinator of Student Conduct must be made no later than five business days after the letter is received. If a meeting with the Coordinator of Student Conduct is not arranged within five business days after receipt of the letter, or if the organization fails to show up at the scheduled pre-hearing meeting to decide how the case will be handled, information in support of the charge(s) will be presented and considered, and a decision will be made in the student organization representative's absence.

C. The Coordinator of Student Conduct may conduct an investigation to determine if the charges have merit and/or if they can be disposed of through a mediation committee established for this purpose on a basis acceptable to the Coordinator of Student Conduct. The mediation committee will be chaired by a staff or faculty member selected by the Coordinator of Student Conduct. If the charges are disposed of by mutual consent through the mediation committee, such disposition shall be final, and there shall be no subsequent proceedings. If the charges cannot be disposed of by mutual consent, the charges will be handled by the Student Conduct Board or Coordinator of Student Conduct. The Coordinator of Student Conduct, if present at the mediation committee, may later serve in the same manner as a non-voting member of the Student Conduct Board in a hearing.

D. The organization shall be informed by the Coordinator of Student Conduct, in cases where a complaint appears to represent substantial misconduct, of two possible ways to handle the case: 1) appear at a scheduled hearing and present its case before the Student Conduct Board; or 2) Accept responsibility for the violation(s) as charged, waive the right to a hearing and present witnesses on your behalf and accept sanctions imposed by the Coordinator of Student Conduct. In the event of scheduling difficulties or special circumstances, the complaint may be heard and action decided by an Administrative Student Conduct Board.

E. The president/chair of the organization and/or his/her designee may appear in person and present relevant information to the Coordinator of Student Conduct or the Student Conduct Board, and may call witnesses. While efforts will be made to accommodate the schedules of all parties involved, scheduling conflicts or the failure of witnesses to appear will not constitute grounds for a continuance of the hearing. The designated representatives are responsible for presenting their cases and will have the opportunity to hear and question all participants at the hearing. Should the designated representatives of the organization elect not to appear at the hearing, it shall be held in their absence. The failure of an organization to appear may be a factor considered.

F. The designated representatives of the organization may be accompanied by an advisor (the advisor shall be a member of the full-time faculty, staff, or student body of Gallaudet University, but not a lawyer). The designated representatives of the organizations are responsible for presenting information during the hearing, and therefore, advisors are not permitted to speak or to participate directly in the disciplinary hearing. Advisors may confer with a student only when there is not a question on the table or a response pending from the student. In consideration of the limited role of an advisor, the organization should select an advisor or a person whose schedule allows attendance at the scheduled date and time of the hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor. Violations of any restrictions for advisors will result in the advisor being removed from the hearing at the discretion of the Coordinator of Student Conduct.

G. The organization may remain silent to preserve the right against self-incrimination. In such cases, other available information will be considered.

H. Formal rules of processes, procedures, and/or technical rules of evidence shall not be applicable to campus disciplinary proceedings conducted pursuant to this Code. Any information or testimony the Board or the Coordinator of Student Conduct believes to be relevant may be considered.

I. The Coordinator of Student Conduct shall exercise control over the proceedings to avoid needless consumption of time and to achieve orderly completion of the hearing. Any person, including the representative of the student organization (the respondent), who disrupts a hearing may be excluded by the Coordinator of Student Conduct.

J. After the hearing, the Student Conduct Board shall determine whether the organization is responsible for the violation with which it is charged and will recommend sanctions, if any, to the Coordinator of Student Conduct from the range of sanctions applicable for student organizations. All parties, the witnesses, and the public shall be excluded during Board deliberations. The Student Conduct Board's determination shall be made on the basis of whether it is more likely than not that the accused organization violated the Student Code of Conduct. If the Student Conduct Board, Coordinator of Student Conduct, or the mediation committee participants decide that a violation did occur, but the organization is not responsible for the violation, the complainant may proceed with charges against individual(s) through the Student Conduct program in accordance with guidelines in the Student Code of Conduct. The student organization shall be entitled to a verbal explanation of any decision, and a letter summarizing the decision and any disciplinary sanctions, if applicable, will be sent to the student organization except in certain cases (e.g. sexual misconduct) where the complainant will also receive a letter summarizing the decision and any disciplinary sanctions, if applicable.

K. The organization shall be informed of the right to appeal a decision. A decision or judgment of the Student Conduct Board or the Coordinator of Student Conduct may be appealed to the Dean of Student Affairs and Academic Support. A decision or judgment of the Student Conduct Board or the Coordinator of Student Conduct may be appealed by either or both of the opposing parties upon the following grounds:

  • The Student Conduct Board hearing was not conducted fairly and in conformity with prescribed procedures, which made it unfair. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant unfairness results.
  • There is new or newly discovered information that could not have been produced at the hearing. For the Dean of Student Affairs and Academic Support to consider new information sufficient to alter a decision, or other relevant facts not brought out in the original hearing, such information and/or facts must not have been known at the time of the original hearing by the appellant.
  • The decision was or was not supported by substantial information considering the record as a whole. That is, the facts in the case were or were not sufficient to establish that a violation of the Student Code of Conduct occurred.
  • The sanction imposed was excessive or insufficient and not appropriate for the violation.

An appeal must be in writing, must indicate the basis of the appeal with an explanation, and must be made within five business days of the date the parties were notified of the decision. In an appeal case, action assessed by the initial Student Conduct Board or the Coordinator of Student Conduct may be held in suspense until acted upon in appeal, at the discretion of the Dean of Student Affairs and Academic Support or his/her designee. The Dean of Student Affairs and Academic Support or his/her designee may affirm, reverse, or modify the sanction originally assessed. The Coordinator of Student Conduct shall convey pertinent information to the Dean of Student Affairs and Academic Support or his/her designee. The decision of the Dean of Student Affairs and Academic Support or his/her designee is final and is not appealable.

All Student Conduct hearings shall be closed to the public in order to protect the confidential nature of the proceedings.

Any Student Conduct Board member shall elect to abstain from participation in a hearing when the member has a duality of interest in the case or a personal reason that precludes participation without prejudice. Any party may challenge a Student Conduct Board member on the grounds of personal bias prior to the beginning of the hearing. A board member or members may be disqualified by the Coordinator of Student Conductor upon majority vote of the voting members, conducted by secret ballot.

Determinations made or sanctions imposed under the Student Code of Conduct shall not be subject to change or challenge because criminal charges arising out of the same fact-giving rise to violation of University rules are pending, were dismissed, reduced, or resolved in favor of/or against the criminal law defendant.

Because of time concerns and the expenses it would incur, provision for written transcripts of campus disciplinary hearings is not required.

The Student Conduct Board, meditation committee, and/or Coordinator of Student Conduct shall determine the rules of procedure in addition to those stated herein and all procedural questions are subject to the final decision of the Coordinator of Student Conduct.

DISCIPLINARY SANCTIONS

If a Student Conduct Board or the Coordinator of Student Conduct decides that a student organization should be disciplined, the disciplinary action should be consistent with the severity of the offense. Following are sanctions recognized by Gallaudet University; the Board or the Coordinator of Student Conduct may implement other sanctions instead of or in addition to those specified below:

A. Permanent Revocation of Organizational Registration - The organization shall not be represented on any student or University organization, board, or committee. Office or housing space assigned by the University shall be vacated within ten (10) business days from the date the notice of revocation is mailed. Space vacated due to this permanent revocation may be reassigned by the University.

B. Suspension - Denial of rights and privileges of a registered organization. Any organization whose registration is suspended must cease all organizational activities upon receiving this sanction. Any member of a suspended organization may not hold an appointed or elected office as a representative of the suspended organization in any other organization or committee for the duration of the organization's period of suspension. The organization may be asked to vacate office or housing space assigned by the University. Office or housing space assigned prior to suspension will not automatically be reassigned. The organization may reapply for space assignment, subject to availability.

Suspended organizations will automatically be placed on disciplinary probation for a minimum of one academic year following their renewed registration and may be subject to conditions and/or restrictions during the probationary status.

C. Disciplinary Probation - A period of review and observation during which the student organization whose conduct has been found wrongful will be granted the opportunity to prove that it can uphold University rules and policies. Subsequent violations of University rules, regulations, or policies could result in more severe sanctions. The terms imply that violation of any provision in the Student Code of Conduct would be viewed not only as a violation of the regulation itself, but also as a violation of the probation and would most likely result in the suspension of the organization. During the probation period, the organization may be subject to one or any combination of the following conditions and/or restrictions:

  • Denial of the right to represent the University.
  • Denial of the right to maintain an office or other assigned space on University property.
  • Denial of the privileges of:
    1. Receiving or retaining funding;
    2. Participating in intramurals;
    3. Sponsoring a social event;
    4. Sponsoring any speaker or guest on campus;
    5. Participating in a social event;
    6. Co-sponsoring any social event or other activity;
    7. Rush or membership recruitment;
    8. Eligibility for University awards or recognition;
    9. Representation on University and student committees, organizations, or boards.
    10. Conditions - Limitations on a student organization's privileges for a period of time or an active obligation to complete a specified activity or activities. This sanction may include the conditions or restrictions listed under the disciplinary probation sanction.

D. Disciplinary Reprimand - Verbal warning or written notification to an organization that it has violated a University rule, regulation, or policy and that subsequent wrongful conduct by the organization will not be tolerated and may result in severe disciplinary sanctions.

E. Restitution/Fines - Reimbursement for damage to, or misappropriation of property and/or compensation for injury to an individual, group, or the University. This may take the form of appropriate service or other compensation.

F. Loss of Student Privileges - Limitations on a student's privileges for a period of time. Principals (officers, etc.) may be prohibited from holding office in any other organization, depending on the severity of the negative leadership displayed. Students from a suspended or revoked organization may also be prohibited from reforming a similar organization under another name.

G. Community Service - Work assignments may be a part of a disciplinary probation or may be imposed as an independent sanction. If the student organization does not complete the community service assignment by the assigned completion date, a charge of non-compliance of a University decision will result. Such assignments will be in addition to the community service requirements as set forth by the student organization guideline.

About Gallaudet
2014 Presidential Search
Administration
Campus Photos
Clerc Center
Contact Us
Employment Opportunities
Fast Facts
Make an Online Gift
Maps & Directions
Museum
University Communications
Visitors Center
Admissions
English Language Institute
Financial Aid
Graduate Admissions
Graduate Orientation
International Admissions
Professional Studies
Test Center
Undergraduate Admissions
Academics & Research
Archives/Deaf Collections
Career Center
Catalog & Course Info
General Studies
Graduate Programs
Honors Program
Library
Professional Studies
Registrar's Office
Research Support and International Affairs
Undergraduate Majors
VL2
Campus Life
Athletics
Bison Shop (bookstore)
Campus Activities
Commencement
Food Services
Intramurals
Public Safety
Residence Life and Housing
Washington, D.C.
Tools & Resources
Bison
Campus Directory
Daily Digest
Help Desk
Gallaudet Alert-subscribe
GU Press
Kellogg Conference Hotel
Maps & Directions
my.Gallaudet
People @ Gallaudet
Shuttle Bus
Gallaudet University | 800 Florida Avenue NE, Washington, DC 20002
Copyright © 2014 Gallaudet University
FacebookTwitterYouTube