Student conduct and conflict resolution

Formal Process:

Incident Review Conference

This is an opportunity for the student respondent(s) and complainant(s) (if applicable) to meet with a Student Conduct Administrator to discuss the incident in question, and work towards a resolution. If a resolution can not be met at this time, then the process would proceded to a formal hearing.

Formal Hearing- Administrative Hearing 
Administrative Hearing Officers are University employees who are trained and empowered to hear formal cases involving allegations of student misconduct.

A Student Conduct Administrator will meet with the student respondent(s), complainant(s) (if applicable), and witnesses (if applicable) to discuss the incident in question. This process is recorded and the rendered decision may be subject to appeal. All reports of sexual misconduct will be adjudicated through an Administrative Hearing. 

Formal Hearing- Student Accountability and Integrity Committee Hearing 
The Student Accountability and Integrity Committee is made up of students, faculty, and staff appointed by the President of Saint Martin's University.

The Student Accountability and Integrity Committee will meet with the student respondent(s), complainant(s) (if applicable), and witnesses (if applicable) to discuss the incident in question. This process is recorded and the rendered decision may be subject to appeal.

Informal Process:

In some cases, formal conduct processes are deferred pending the outcome of informal processes. In such situations, formal student conduct may be waived in the interest of an informal outcome. However, in all cases the Student Conduct Administrator retains the right to invoke the formal process at any time prior to final resolution. Informal processes may also be used as a supplement to the formal conduct process at the discretion of the Student Conduct Administrator.

Incidents may be referred to the Student Conduct Administrator for Adaptable Resolution Services, which include:

Restorative Justice Conference

A discussion process where the respondent(s) meet with other community members in order to identify actions to repair harm done.

Facilitative Dialogue

A constructive conversation between two or more students, guided by student conduct staff to increase the potential that students will arrive at a mutually satisfying outcome.

Mediation

A process guided by student conduct staff where students clearly identify their interests, needs, and resolution options. Student conduct staff may provide suggestions or recommendations. A written agreement will result, and the student conduct staff member may follow up with all parties to make sure it is being fulfilled.

Conflict Coaching

One-on-one discussion between a student conduct staff member and a student in conflict with another who is unwilling to engage in meaningful dialogue. The goal is to identify the resolution approach that best meets the student’s interests and needs.

When students and/or University clubs/organizations are found in violation of University policies, sanctions shall be imposed. The purpose of sanctioning is to educate a student as to why their behavior is inappropriate, as well as to make the student aware of and sensitive to all the possible consequences of the behavior in question. Sanctions will be determined on a case by case basis, considering the nature and circumstances of the offense, the impact of the offense on the University community including those directly harmed by the conduct, prior sanctions applied in similar cases, the conduct record of the student and the student’s attitude and behavior throughout the conduct process.

Sanctions shall generally be comprised of two components:

An “in-active sanction” or written sanction (Formal Warning, Disciplinary Probation, Disciplinary Probation, Disciplinary Suspension, or Disciplinary Expulsion).

An “active sanction” or educational sanction, requiring the student to complete some form of assignment requiring the student’s active participation and reflection. 

Responding student(s), and if applicable, complainant(s) may appeal outcomes of student conduct cases, except in cases where the appeal right has been waived as a result of a voluntary agreement.  Each party is allowed only one appeal.

The criteria for filing an appeal are:

• Procedural Error– the appellant is contending that a substantive error was committed as a part of the student conduct process that deprived the appellant of a fair hearing of the case.

• New Information– the appellant is contending that there is new information that was unavailable to the appellant at the time of the original proceeding, and that this information would have substantially impacted the outcome of the proceeding. The student must include the new information with the appeal. Note that this criteria may not be utilized by students who choose or fail to attend or participate in the original proceeding they are appealing.

• Disproportionate Sanction– the appellant is contending that the sanction is not appropriate to the findings of the case.

Additional information regarding appeals can be found in the Student Handbook.