Student Life

The Disciplinary Process

ARTICLE IV: THE DISCIPLINARY PROCESS

The agencies responsible for the disciplinary process are the Dean of Students, or his/her designees, the College Conduct Coordinator, the Associate Dean/Director of Housing and Residence Life, Residence Directors, the College Conduct Board and the Administrative/Faculty Conduct Board. Cases of major misconduct in or around the residence halls or dining halls typically will be referred to the Associate Dean/Director of Housing and Residence Life, and minor infractions reported to the Residence Director of the hall. All other cases of alleged misconduct will be submitted to the Dean of Students or his /her designees. In an effort to be as fair as possible to the complainant and accused, the Dean of Students reserves the right to modify the disciplinary process as deemed necessary or appropriate.

A. Rights of Accused Students:
The accused student who has been charged shall have the right to:

  1. Be informed of the complaint in advance of a hearing
  2. Be notified in writing of the charges and the Board/hearing officer to whom the charges have been referred
  3. Be informed about the hearing process
  4. Request a delay of a hearing due to extenuating circumstances
  5. Be present at all stages of the Board hearing process except during the private deliberations of the hearing body
  6. Present witnesses and relevant evidence in one’s own behalf
  7. Question witnesses, directly through the Board, and challenge adverse evidence
  8. The assistance of an advisor (as defined under section F)
  9. Remain silent during a hearing
  10. Be judged by a fair and impartial Board or hearing officer
  11. Be informed of the finding(s) and, when applicable, the sanction(s) imposed
  12. Appeal a decision if a fair disciplinary process has been denied and/or if the student obtains substantive new evidence not available at the time of the hearing.

B. Initiating a Complaint:

Any person in the College community with a good faith reason to believe there has been a violation of the Code of Conduct may initiate a complaint regarding any Emerson student by submitting to the Office of the Dean Students or the Office of the Associate Dean/Director of Housing and Residence Life, in writing, the following information, if available:

  1. Names of the accused
  2. Clear explanation of the nature of incident
  3. Names, addresses, and telephone numbers of witnesses
  4. Names, addresses, and telephone numbers of those filing the complaint

C. Review of the Complaint:
When a complaint is reported to the Dean of Students or the Associate Dean/Director of Housing and Residence Life, or his/her designee, the matter will be reviewed. Depending on the results of the review, the complaint may proceed to hearing at the discretion of the Dean of Students or the Associate Dean/Director of Housing and Residence Life, or his/her designee.

D. Notification of the Charges and Disciplinary Process:

  1. The Accused will be notified of a meeting to discuss an alleged violation(s) at which his/her presence is required.
  2. The Accused involved shall be notified in writing of the charges.
  3. A written notice for a Conduct Board hearing will be presented in advance of the Conduct hearing, normally five business days before the hearing. A student may request consideration for the 5-day notice to be waived.
  4. Students are expected to be at the hearing for which they are so notified.
  5. The College will make every effort to avoid scheduling a Conduct Board hearing that conflicts with the academic schedule of either the complainant or accused student. The College reserves the right to proceed with the Conduct Board hearing whether or not
    one or both of the parties fail to show. If a student believes s/he has a valid reason for a hearing to be rescheduled, a written request must be received by the College Conduct Coordinator or the Dean of Students a minimum of 72 hours in advance of the hearing for consideration. Job and extracurricular activity conflicts are not typically considered for rescheduling a hearing.

E. Hearing Bodies:
The Dean of Students or the Associate Dean/Director of Housing and Residence Life or their designees may resolve charges against a student in an Administrative Hearing or refer it to a Conduct Board Hearing. As Chief Conduct Officer, the Dean of Students reserves the right to channel any case considered to be of a very serious or sensitive nature to the Administrative/Faculty Conduct Board

  1. Administrative Hearings:

    This type of hearing is adjudicated individually by the Dean of Students or his/her designee. When opting for the Administrative Hearing, the Accused waives their right to a Conduct Board hearing, to question witnesses and to present witnesses. Sanctions imposed resulting from an administrative hearing may include but not limited to censure, monetary fines, restitution, loss of privileges, educational assignments, community service, disciplinary probation, deferred suspension, or suspension/dismissal from the residence halls.

    An Administrative hearing shall be conducted in the following manner:

    1. The Hearing Officer will state the charges and present information regarding the alleged violations.
    2. The Accused student will have an opportunity to make a statement of “Not Responsible” or “Responsible” and to present evidence in his/her defense.
    3. The Hearing Officer and the Accused will discuss the alleged violations and the evidence presented.

    At the conclusion of the hearing, the Hearing Officer will consider all materials which assist him/her to determine whether the charges of violations under the Student Code of Conduct are true or false in a fair and equitable manner. Decisions which can be reached by a Hearing Officer are “Responsible” or “Not Responsible.” The Hearing Officer will deliver a written copy of his/her findings to the Accused and when applicable, a description of the sanctions imposed.

  2. Conduct Board Hearings:

    There are two types of Board hearings, the College Conduct Board and Administrative/Faculty Conduct Board. College administrative/staff Board members shall be appointed by the President of Emerson College. Faculty Board members shall be appointed by the Vice President of Academic Affairs. Student Board members shall be appointed by the College Conduct Coordinator in consultation with the President of the Student Government Association, subject to the approval of the Dean of Students. The President of the College will designate faculty and/or administrative staff members eligible to serve as Chairpersons. A Chairperson shall oversee the hearing and report decisions to the Office of the Dean of Students. Sanctions imposed resulting from either Board hearing may include but not limited to censure, monetary fines, restitution, loss of privileges, educational assignments, disciplinary probation, deferred suspension, suspension/dismissal from the residence halls, or suspension/dismissal from the College.

    1. A College Conduct Board will be comprised of three (3) faculty/administrative Board members and two (2) student Board members. Decisions which can be reached within the College Conduct Board are “Responsible” or “Not Responsible.
    2. An Administrative/Faculty Conduct Board will be comprised of three (3) faculty/administrative Board members. Decisions which can be reached within the Administrative/Faculty Conduct Board are “Responsible” or “Not Responsible” or “Unable to Make a Determination.” All complaints (if not otherwise resolved) during summers, intersession periods, and the first two and last two weeks of each term will be submitted to the Administrative/Faculty Conduct Board.