Student Life

Use and Definition of Sanctions

H. Use of sanctions

Within the community of learners, the failure by a member of the population to live within the standards of the community may be due to a number of different causes, ranging from the inadequate education of the student by the College to a spirit of flagrant disregard on the part of the student for the rights of others. Each case must be met by a different response. Sanctions, such as probation, suspension or dismissal, are not regarded as means of controlling the student, but rather as educational devices to aid the student to attain the maturity required to live in society. Dismissal may be one way of telling the student that he or she is not yet ready for the education a college offers. This awareness itself may be a significant step in the educational process of the student in question.

Sanctions that may be imposed by the College Conduct Coordinator or the Associate Dean/Director of Housing and Residence Life or their designees shall include censure, monetary fines, probationary periods, loss of privileges, and suspension/dismissal from the residence halls. Sanctions that may be imposed by the Dean of Students, the College Conduct Board and the Administrative/Faculty Conduct Board shall include the foregoing, plus suspension or dismissal from the College.

I. Sanctions

  1. Definitions

    1. CENSURE: A written warning placed in the student’s file noting the student has been found responsible for violating College policy and continuation or repetition of prohibited conduct shall be cause for additional disciplinary action and will likely result in a more severe sanction. Depending on the nature of the infraction, certain conditions and restrictions also may be imposed. In addition, College departments may determine that the nature of a given infraction causes a student to be ineligible to participate in certain College activities, events, and/or employment/leadership positions.
    2. FINE: A mandatory payment of a specific sum of money imposed as penalty for an offense.
    3. DISCIPLINARY PROBATION:A designated period during which a student is not in good social standing with the College. Additional behavior in violation of College regulations during the probationary period will constitute grounds for more serious disciplinary action including, but not limited to, suspension/dismissal from the residence halls, and/or suspension/dismissal from the College. The hearing officer or conduct board will determine the length of the probation. Conditions and restrictions of this probation also may be imposed which include, but are not limited to, ineligibility to participate in College activities, athletics, or events and/or hold student leadership positions and/or referral to applicable support services within or outside the College. Failure to comply with the terms of the conditions of the probation will constitute grounds for more serious disciplinary action.
    4. DEFERRED SUSPENSION: A period when the student may attend classes, but is suspended from any other College program or activity; a student may not represent the College either as a member of student organizations, as a participant in intercollegiate athletics, or at any other College sponsored programs. The student may not live in or visit the residence halls for the duration of a student’s tenure at the College. Additional behavior in violation of College policy during this period will constitute grounds for an immediate suspension or dismissal from the College.
    5. SUSPENSION FROM COLLEGE HOUSING: requires moving out of housing for a specified amount of time. Housing suspension is applicable to campus owned or leased residences in Boston and at all external programs. Violators of this sanction are considered trespassers and subject to arrest.
    6. DISMISSAL FROM COLLEGE HOUSING: dismissal requires permanent removal from College housing. The student may not reapply for residency.
    7. SUSPENSION FROM THE COLLEGE: suspension means that the accused student will no longer be present on any Emerson College owned or leased property or at an Emerson sponsored event for the time specified by the hearing board. Violators of this sanction are considered trespassers and subject to arrest.
    8. DISMISSAL FROM THE COLLEGE: requires that the accused student completely sever any connection with Emerson College. The student may not reapply for admission.
    9. OTHER APPROPRIATE ALTERNATIVES: these may include referral to other offices or agencies for guidance, counseling, specialized education, etc., assignment of educational projects and assignment for community work on campus.

    **Students required to leave the residence halls and/or the campus as a result of disciplinary action will not be eligible for a refund of tuition, housing or other charges.

  2. Delay Awarding Degrees
    The College reserves the right to delay the awarding of any degree in instances where a complaint remains pending against a student.
  3. Withhold Awarding Degrees
    The College reserves the right to withhold the awarding of any degree for academic and non-academic misconduct.
  4. Typical Minimum Sanctions
    The information provided below highlights typical consequences for certain policy violations of the Student Code of Conduct.
    1. Academic Dishonesty: A student found responsible of academic dishonesty will be subject to the sanctions listed below. In determining the appropriate sanction, the following factors will be assessed and considered:
      • Was the academic misconduct deliberate or unintentional?
      • Was the act of academic misconduct isolated or pervasive?
      • Was the act of academic misconduct minor or gross in nature?

      i. 1st violation (minimum sanction shall include disciplinary probation, an educational assignment and one or more of the following):

      • Repeat the assignment/project/exam for a lower grade*
      • Receive a failing grade for the assignment/project/exam*
      • Receive a failing grade for the course
      • Suspended from the College
      • Dismissed from the College

      *Reserved for acts of misconduct that is determined to be unintentional, isolated and minor in nature.

      ii. 2nd violation (minimum sanction shall include disciplinary probation, an educational assignment and one or more of the following):

      • Receive a failing grade for the course*
      • Suspended from the College
      • Dismissed from the College

      *Reserved for a 2nd act of misconduct that is determined to be unintentional,isolated and minor in nature.

      iii. 3rd violation (minimum sanction shall include a failing grade for the course and one of the following):

      • Suspended from the College
      • Dismissed from the College

    2. Alcohol Violations: A student found responsible for 1) underage possession or consumption of alcohol, 2) use or attempted use of a false identification card to obtain alcohol, 3) unauthorized consumption or possession of alcohol in any College facility or vehicle, or 4) unauthorized possession of kegs, beer balls, trash-can punches, alcohol by the case or any other central source of alcoholic beverages in any College facility or vehicle, or outdoor area, or at any College sponsored event will be subject to the following set of progressive sanctions:
      1. First Violation (minimum sanction):
        • Censure
        • $50 fine
        • AOD educational assignment
        • Notification letter to student’s parents
      2. Second Violation (minimum sanction):
        • Disciplinary Probation for one (1) year
        • $75 fine
        • AOD educational assignment
        • Notification letter to student’s parents
        • Put on notice that subsequent AOD violation will result in his/her immediate suspension of College housing
      3. Third Violation(minimum sanction):
        • Disciplinary Probation for two (2) years
        • Suspension from College housing for the duration of current semester, plus the following semester
        • Notification letter to student’s parents
        • Prohibited from attending external site programs during the probation period.

      A student (regardless of age) found responsible for: 1) unauthorized or illegal manufacture, distribution or sale of alcoholic beverages; 2) problem drinking that includes, but is not limited to, public intoxication, disruptive behavior and excessive noise; 3) service of alcohol to underage or intoxicated students or guests; or 4) manufacture, distribution or sale of false identification cards; will be subject to more stringent College sanctions up to and including immediate suspension and/or dismissal from on-campus housing and/or the College.
      Students found responsible for off-campus alcohol violations are subject to comparable disciplinary measures.

    3. Marijuana Violations:a student found responsible for possessing or using marijuana in any College facility or vehicle, or outdoor area, or at any College sponsored event will be subject to the following set of progressive sanctions. In the residence halls, the minimum evidence required for finding someone in violation of marijuana use is two (2) staff members identifying odor originating from a given room or area.
      1. First Violation (minimum sanction):
        • Disciplinary Probation for (1) one year
        • $75 fine
        • AOD educational assignment
        • Notification letter to student’s parents
        • Put on notice that if s/he is subsequently found in a room or situation where marijuana is identified as being used, s/he will be subject to second violation sanctions
      2. Second Violation (minimum sanction):
        • Disciplinary Probation for two (2) years
        • Suspension from College housing for the duration of current semester, plus the following semester
        • Notification letter to student’s parents
        • Prohibited from attending external site programs during the probation period
      3. Third Violation (minimum sanction):
        • Immediate Suspension from the College
        • Notification letter to student’s parents

      Students found responsible for distributing marijuana, or possessing, using, manufacturing or distributing other illegal substances/drugs, or the distribution of prescription drugs, or the use of prescription drugs without a prescription will be subject to more stringent College sanctions up to and including immediate suspension and/or dismissal from on campus housing and/or the College.

      Students found responsible for marijuana violations at off-campus College sponsored events are subject to comparable disciplinary measures.
  5. The College is not limited to the sanctions listed above. and sanctions can be combined based on the nature and gravity of the violations for which a student is found responsible. A student’s conduct record is maintained separately from any other academic or official file at the College. Generally, information from the record is not released without the written consent of the student. The sanctions of “Suspension” and “Dismissal” will be recorded on a student’s official transcript. A student’s discipline record, including related documents, are typically retained five (5) years from the date of the time the student graduates or withdraws from the College.
  6. When the Accused has been found “Responsible” on any charge, the hearing body shall take the following circumstances into consideration to determine appropriate sanctions:

    a. Prior disciplinary history at the College
    b. Manner in which the student conducted him/herself upon confrontation and throughout the disciplinary process
    c. Whether the policy violation was deemed extreme, intentional, reckless or malicious
    d. Effect of the violation on the community

J. Notification of the Hearing Decisions:

  1. Generally the accused student will be sent written notification of decisions and, when applicable, sanctions reached as a result of a hearing within 7 business days after a hearing.
  2. In a case involving a crime of violence or a non-forcible sex offense, both the accuser and the accused shall be informed of the final results of the hearing.
  3. At the discretion of the Dean of Students or his/her designee, a parent, guardian or family member may be notified of disciplinary matters under the following circumstances: alcohol and drug violations when a student is placed on probation; and/or when a student’s College enrollment or housing status is in jeopardy, suspended or dismissed.

K. Appeals:

If the accused student can demonstrate to the Dean of Students or his/her designee (e.g. Associate Dean/Director of Housing and Residence Life or College Conduct Coordinator) that there has been a denial of a fair disciplinary process in the hearing of a case and/or if the student can introduce substantive new evidence not available at the time of the hearing, a new hearing will be held and a decision will be rendered. Deviation from hearing procedures will not be a basis for sustaining an appeal unless significant prejudice or unfairness results.

An appeal must be in written form, received by the Dean of Students or his/her designee within seven (7) business days after receipt of the Board’s decision and contain the following information:

  1. The name, address and telephone number of the accused student.
  2. A clear statement explaining the nature and circumstances of the appeal, citing the new substantive evidence in detail and/or the specifics of the alleged lack of a fair disciplinary process.
  3. The names, addresses and telephone numbers of new witnesses, if any.
  4. The name of the advisor, if any.
Typically, notification of whether or not the grounds for an appeal are considered legitimate will be sent within ten (10) business days after receipt of the appeal

L. Emergency or Interim Administrative Action:

When an individual is considered an imminent threat to either persons or property, the Dean of Students will automatically invoke an immediate suspension from the College, pending the outcome of the disciplinary process. Suspension of residence hall privileges may be similarly invoked by the Associate Dean/Director of Housing and Residence Life or the Dean of Students.

ARTICLE V: DEFINITIONS

The following selected terms are defined in an effort to facilitate a more thorough understanding of the Student Code of Conduct. This list is not intended to be a complete list of all the terms referenced in the Student Code of Conduct that might require interpretation or clarification. The Dean of Students or his/her designee shall make the final determination on the definition of any term found in the Student Code of Conduct.

  1. “College” - means Emerson College.
  2. “Student” - includes any person admitted, registered, enrolled, or attending any course at the College, either full-time or part-time, pursing undergraduate or graduate studies; or any person who is on a leave of absence from the College at the time of the incident
  3. “College official” - means any person employed by the College to perform administrative, instructional, or professional duties
  4. “Member of the College Community” - means any person who is a student or a College official; any other person working for the College, either directly or indirectly (e.g. private enterprise on campus); or any person who resides on College premises.
  5. “College premises” - includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College, either solely or in conjunction with another entity.
  6. “Student organization” - means an association or group of persons that has complied with the formal requirements for College recognition.
  7. “Hearing Body, Hearing Officer, or Conduct Board” - means one or more members of the College assigned and authorized to determine whether a student has violated the Student Code of Conduct and to impose sanctions as warranted.
  8. “Business Day” - means any day, Monday through Friday, that the College is open.
  9. “Designee” - refers to a staff or faculty member who has responsibility for implementing the disciplinary process or administering the disciplinary system, in part or in whole.
  10. “Dean of Students” - the person assigned by the President of the College to be responsible for the administration of the Student Code of Conduct.
  11. “Complainant” - any person who submits a charge alleging that a student violated the Student Code of Conduct.
  12. “Accused or Accused Student” - any student accused of violating the Student Code of Conduct.
  13. “Good Social Standing” - a status signifying that a student is not currently on disciplinary probation, deferred suspension, suspension, or dismissal from the College. Students not in good social standing are ineligible to participate in student organization sponsored off-campus activities including, but not limited to off-campus film/video shoots, conference attendance, political/news event coverage, and social/cultural trips. In addition, College departments may use this standing to determine whether a student is eligible to participate in certain College activities, events and/or employment/leadership positions.