Judicial Affairs is one of the three major functions of the Dean of Students Office.
The Code of Student Life is a document that includes information about the rules of conduct and the ways the University will address misbehavior. The Code of Student Life clearly states that the first priority of the Judicial system is the safety of students and the campus community. The second priority of the Judicial system is to provide educational support to students.
|Information for Students
||The Association for Student Conduct Administration (ASCA), our national professional organization, has an excellent guide related to the Student Conduct Process, in a general sense.
ASCA also presents answers to a number of frequently asked questions, such as:
- How is a conduct complaint filed?
- If my student is a victim in a conduct case, what support do they receive?
- How is somebody found responsible of a violation within the conduct process?
- How is the campus process different from a criminal charge?
- Does being convicted of a campus violation give you a criminal record?
- Can criminal charges be filed at the same time as a campus complaint?
- Why is this not considered double jeopardy?
- What are the appeal rights in our system?
- Is the case reheard in an appeal?
- How long does it take to resolve a case?
- What are the long-term affects of being found responsible for violating the student conduct code?
|Information about the Family Educational Rights and Privacy Act (FERPA)
|Talking with your college student about alcohol
Filing a conduct complaint
Student Services Officers in the Dean of Students Office, as well as other people on campus who can hear Judicial Cases, receive information from a number of different places, including the University and Grand Forks Police, other Law Enforcement agencies, professors and staff members on campus, and students. When we receive a report about a potential violation, we investigate.
Investigations involve the reports we receive/d and the people that wrote it/them, witnesses that we can identify, victims if there are any, and the student who is accused. The collecting of information about the situation will include a conference, or more than one, with the accused student(s), ultimately leading up to a “hearing.”
The Code of Student Life, Section 2, includes a list of behaviors – we call them “Prohibited Acts” – that are not appropriate in our community. Students and other persons should not
- violate Criminal or Civil Laws
- be dishonest
- harm yourself or others
- be disruptive or disorderly
- possess or use weapons, alcohol, or other drugs
- steal, damage, or misuse property that is not yours, or
- misuse the Judicial System.
Disciplinary Hearing Process
When students are called to the Dean of Students Office due to an allegation of a policy violation, they typically are notified by a phone call. In some instances, either because the situation is more severe or because we have had difficulty in reaching a student by phone, the method of notification is a letter.
You should arrive at the Dean of Students Office at the time arranged. You will be greeted in the reception area. Our staff member will then let the Student Service Officer know you have arrived.
You will be invited to the Student Service Officer’s office or a conference room. The Student Service Officer will probably ask you some questions about school, your friendships, classes, hometown, and other things. Remember, this is an informal process, it is predicated on the ideas that this is educational and about helping you and others think and act in ways that promote safety and good community.
The Student Services Officer will explain the Retaliation Policy. Briefly, this document is a reminder of language from the North Dakota Century Code (state law) and the Code of Student Life that people should be able to report potential violations of our community and our campus expectations without being afraid someone will retaliate.
The Student Services Officer will share with you the information that forms the basis of the allegation against you. Often, this is a report written by another student, a faculty or staff member, or a law enforcement report, including those generated by University police officers. The Student Services Officer will describe the possible violations and the probable sanctions, if the accusations are sustained.
Then, the Student Services Officer will ask if you want to
1) have three days to consider the information and the sanction. The Code of Student Life specifies a three-day period between when you are presented with the information and the charges, and the time the University will reach a decision about the infraction, or
2) waive the three days, and have the hearing “now.” Most students choose this option but it is your choice.
You will be asked to sign a form that documents which of these choices you reach.
Whom may I bring/Can a family member attend the meeting?
Students are allowed to bring a person with them to be their advisor. Few, honestly, do this, but we allow it. That advisor can be a family member or parent or a trusted friend.
There is a policy statement for students wishing to bring an attorney with them. If you wish to do so, please go to the Dean of Students Office, the Vice President for Student and Outreach Office, or the Office of General Counsel. Among other policies, attorneys may only act as your advisor – not speak for you – and must provide five day notification. This is so a University attorney can attend the meeting, as well.
How is somebody found responsible of a violation within the conduct process?
The ASCA document refers to Administrative Hearings. More than 99% of complaints at UND are handled by a Dean of Students Officer or someone working in Housing as a Residence Hall Director, Residence Life Coordinator, or Assistant Director.
Only the most serious cases are referred to the Student Relations Committee. It is the only hearing option the University has to suspend or to indefinitely suspend a student.
Section 2 - VI of the Code of Student Life identifies the sanctions used by the University. Because it is important to us to be and be seen as educational, not punitive, we try to combine one of the status sanctions (2 - VI, A - C) with an educational action (such as listed in 2 - VI - D)
Appealing a Disciplinary Hearing Decision
Students have the right to appeal the decision from a university discipline hearing. Section 2-VII of the Code of Student Life gives specific information.
In general, an appeal must be based on errors committed during the investigation and/or hearing process that had a substantial effect on the determination of whether the violation occurred or not. When a student appeals, the case will be reviewed by the appropriate Appellate Body/Administrator who determines whether to grant the appeal and how to resolve the situation.
Is the case reheard in an appeal?
Seldom, yes, but it is one option available to the Appellate Body or Administrator. Again, Section 2-VII of the Code of Student Life gives specific information about appeal protocols.
If my student is a victim in a conduct case, what support do they receive?
We partner with a number of student services on campus, who provide support during routine and critical times. Students who report they are victims may receive referrals to the Community Violence Intervention Center, American Indian Student Services, Counseling Center, Disability Support Services, Multicultural Student Services, Student Health Services, or the Women's Center. We often work with Housing, who will identify alternative living arrangements for on-campus residents who are frightened. We can also help students file Police Reports of criminal violations.