Discipline Process

Westmont desires to be a redemptive community. In order for this to occur, the college believes that students need the opportunity to learn and grow through accepting responsibility for their actions. While discipline is sometimes a difficult, awkward, and painful process, it can and should be an opportunity for significant growth in students’ lives.

Initiating Disciplinary Proceedings

Disciplinary proceedings are initiated when the dean of students (which, for all purposes described in this section, includes his or her designee) or resident director receives information (oral or written) regarding alleged student misconduct. After this information is received, a preliminary investigation will take place to determine whether enough evidence exists to warrant a disciplinary hearing. In most cases, the investigation is as simple as reading a report submitted by student life staff on the alleged misconduct. However, an investigation could also include interviewing witnesses or obtaining other documentation of the incident. The student facing allegations of misconduct will be notified of the alleged misconduct and given the opportunity to respond. Notification will be communicated no more than five business days following the dean or resident director’s receipt of information concerning the student’s alleged misconduct.

At the conclusion of the preliminary investigation, the dean of students will determine whether enough evidence exists to conduct a disciplinary hearing. If enough evidence does not exist, then no further disciplinary action will be taken. If it is deemed that enough evidence exists, the dean will initiate disciplinary proceeding using either the Administrative or Committee Resolution (see section below).

Support and Representation in Disciplinary Proceedings

Experience has shown that the learning that takes place through this process is maximized when students bear the full responsibility of representing themselves. Therefore, parents, relatives, and friends are not permitted during disciplinary proceedings. At the discretion of the dean of students, in difficult cases, students involved in the discipline process will be given the opportunity to choose a faculty or staff member to serve as a source of support during disciplinary proceedings. Students will work with the dean of students to choose the most appropriate faculty or staff member for this purpose. In any disciplinary matter that involves actual or potential criminal charges, the person facing actual or potential criminal charges may request to have legal counsel present during any portion of the proceedings. Only in cases where a student faces allegations of sexual assault or rape,* may both the accused and the accuser have legal counsel present. In no case may counsel speak or take an advocacy role during the proceedings.

Sexual Assault Policy and Procedures

Types of Disciplinary Proceedings

There are two types of disciplinary proceedings:

Administrative Resolution and
Student Life Committee Resolution. The details of each procedure and an explanation for when each procedure will be used are described below.

Administrative Resolution
The Administrative Resolution proceeding is used when the dean of students or resident director determines that the nature and circumstances of the alleged violation do not warrant Student Life Committee resolution and the student facing allegations of misconduct does not request Student Life Committee resolution. The Administrative Hearing is conducted by one or two student life staff members which could include a resident director, associate dean, or dean of students, and will be referred to as “hearing officer” in this section.

Administrative Hearing
At the time of the hearing, the student facing allegations of misconduct will meet with the hearing officer to respond to allegations of misconduct. The student may request that the hearing officer receive written statements from any potential witnesses. The hearing officer will review all written statements, but is not required to meet with any witnesses. The student will not have the right to question any witness or victim, but will have the opportunity to respond to written statements or testimony submitted by the victim or witnesses. If the student refuses to answer questions at the hearing on the grounds of the Fifth Amendment privilege, or if they choose not to attend the hearing, the hearing can still take place, and the hearing officer may draw negative inferences that may result in sanctions.

Decision
Following prompt, full and effective inquiry into the merits of the information obtained, the hearing officer will make a decision as to whether it is more likely than not that the student has violated college policy and impose sanctions if appropriate. Any sanction(s) given will be set forth in writing and delivered to the student. Notification of sanctions will be communicated no more than five business days following the decision to impose the sanction(s).

Student Life Committee Resolution
The Student Life Committee Resolution proceeding is used when: (1) the dean of students determines that the nature and circumstances of the alleged violation of college policy warrant resolution by a hearing conducted by the student life committee (the “committee”); or (2) the student facing the allegations requests a committee hearing. The committee includes the dean of students, an associate provost, three faculty members, two student life members, and two students. At least two faculty members (which could include the associate provost) two student life members, and one student must be present to convene the committee.

Before the Hearing
Prior to the committee hearing, a prompt, full, and effective inquiry into the merits of the information will be conducted, and a written summary and compilation of findings will be forwarded to the committee. Student Life is committed to prompt resolution of all disciplinary proceedings. However, in some cases, for example, to insure thoroughness of investigation or to permit time for students to secure legal counsel, the dean of students will permit a short delay of the proceedings. Within seven days of the committee’s receipt of the summary and findings, the student life office will forward to the student a notice of the time and date of a hearing and a statement of the violations to the student facing allegations of misconduct.

Committee Hearing
Prior to the hearing, the student(s) may arrange to have witness statements submitted. The dean of students will determine when such statements must arrive in order to give the committee adequate time to review the submitted statements. At the time of the hearing, the staff member(s) who obtained the information upon which the summary and findings are based may be called to meet before the committee to respond to any questions related to the written summary. The committee may also choose to meet with any witnesses or others mentioned in the summary.

The student facing allegations of misconduct will be called to meet before the committee to respond to the written summary and to answer any questions from the committee. The student will not have the right to question any witness or victim, but will have the opportunity to respond to written statements or testimony submitted by the victim or witnesses. A written summary of the hearing will be made. If the student refuses to answer questions at the hearing on grounds of the Fifth Amendment privilege, or if they choose not to attend the hearing, the hearing can still take place, and the hearing officer may draw negative inferences that may result in sanctions.

Decision
At the conclusion of the hearing, the committee will render a decision by majority vote as to whether it is more likely than not that the student has violated college policy and impose sanctions if appropriate. The decision will be given to the student in writing, and the committee chair and the dean of students will meet with the student to explain the outcome.

Sanctions

There are no set formulas or automatic sanctions for most violations. Students who violate college policy subject themselves to the full range of disciplinary sanctions. In reviewing each violation, the following variables will be considered: attitude, truthfulness, prior discipline, impact of the violation on the community, when the misconduct occurred, and whether or not the student came forward to assume responsibility. Sanctions may include, but are not limited to, one or more of the following:

Formal apology. A written and/or verbal apology to the offended party/parties.
Loss of privileges. Denial of specified privileges for a designated period of time (e.g., loss of dining commons, or open-hour privileges).
Fines. Previously established and published fines may be imposed.
Restitution. Compensation for loss, damages, or injury. This may take the form of completing appropriate service and/or monetary or material replacement.
Discretionary sanctions. This could include work assignments, service to the college, or other related discretionary assignments.
Required educational programs. Programs designed to give students learn more about a particular topic and give them the tools to make better choices in the future. These programs could also include a participation fee.
Residence hall suspension. Separation of the student from the residence halls for a specified period of time, after which the student is eligible to return. Conditions for readmission may be specified.
Probation. Probation is established for a designated period of time and includes the probability of more severe disciplinary sanctions — up to and including suspension from the college — if the student is found to have violated any college policy or community life standards during the probationary period. Failure to complete or comply with any sanctions as listed and proscribed through the discipline process is considered a violation of college policy.
Residence hall expulsion. Permanent separation of the student from the residence halls.
College suspension. Separation of the student from the campus for a specified period of time, after which the student is eligible to return. While suspended, students may not be on campus or participate in any college related event. Length of suspensions may vary from one or more days to one or more semesters. The timing of the suspension will not occur at the convenience of the student. The Academic Policies and Procedures state, “Faculty are not permitted to provide make-up opportunities or alter established class schedules for suspended students. Where this creates a hardship for students, they are to be referred to the dean of students.” Conditions for the student’s return to campus may be specified. If a student is suspended for the remainder of a semester or the entire semester, they must re-apply for admission to the college.
College expulsion. Permanent separation of the student from the college.

Sanctions are effective immediately unless a student intends to appeal a decision. In cases of a student’s indication of an intent to appeal, sanctions will be effective immediately following the decision on the student’s appeal.

Interim Sanctions
Under either disciplinary proceeding, while the investigation is being conducted, and based upon the information received by the dean of students regarding the matter, the dean of students may take any one or more of the following actions:

Impose immediate interim sanctions pending a final determination in the matter, including, but not limited to: stay-away orders; removal from the residence halls; suspension from campus, classes, or Westmont-related off-campus events.
Enter into the residence hall, room, or apartment of the student facing the allegations of misconduct for the sake of removing any material that constitutes a serious risk of harm to other persons or property in the residence halls.
Refer the matter to the appropriate police authorities.

The interim sanction will remain in effect until it is otherwise revoked by an appropriate representative of the college or expires by its own terms.

Disciplinary sanctions are maintained in the student’s confidential record in the student life office and may be disclosed to other college personnel with a legitimate educational interest in the information in accordance with the Family Educational Rights and Privacy Act of 1974. Disciplinary sanctions shall not be made part of the student’s transcript but shall become part of the student’s discipline record. Cases involving the imposition of sanctions other than college expulsion shall be expunged from the student’s confidential record five years after final disposition of the case. Upon graduation, a student may make a written request that their record be expunged of disciplinary actions. Requests should be directed to the vice president for student life who may or may not choose to grant such a request.

Appeals to the Provost

Students may appeal decisions rendered in disciplinary proceedings. Appeals must be in writing and submitted to the provost’s office during regular business hours (Monday through Friday, 8 a.m. to 5 p.m.) within five business days of the decision. In extremely unusual circumstances, students may request in writing to the provost for more than five days to appeal a decision. Such requests are rarely granted, and the decision to grant or deny an extension is within the sole discretion of the provost (which for all purposes described in this section includes his or her designee).

A completed Appeal Request form (available in the student life office or the office of the provost), and
A statement outlining and supporting the specific grounds on which the student is appealing.

A process or procedural error was made that was significantly prejudicial to the outcome of the hearing as it affects the student appealing.
New information that was not available or known to the student appealing at the time of the hearing has arisen which, when considered, may materially alter the outcome. NOTE: Information that the appealing student chose not to present at the time of the hearing is not considered new information.
The sanctions imposed demonstrate unfairness when compared to similar infractions, after taking into consideration attitude, previous history, impact of the violation on the community and specific circumstances.

The appeal must address how the basis for the appeal was sufficient to alter the decision in the original proceeding. An appeal by an accused student will not result in increased sanctions. Instead, the sanctions may be decreased, modified, or revoked.

During the appeal process, sanctions given by the original hearing body will be temporarily set aside. Any interim sanctions deemed necessary by the dean of students can still be imposed during the appeal process.

Appeal Process

The provost will review appeals to determine if the basis for the appeal is sufficient to alter the decision in the original proceeding. As part of the review of the appeal, the provost may consider all the material or testimony previously presented or a written summary of the previous proceedings. The provost may also meet with the student, any witnesses, and/or the original hearing body prior to making a decision regarding the appeal. Following a prompt and effective review of the appeal, the provost will communicate his or her decision on the student’s appeal in writing no later than seven days following receipt of the appeal. The provost’s decision will be in one of the two following forms:

Decision Upheld
Where there is substantial evidence to support the decision and the information presented in the student’s appeal does not merit a new decision, the provost will uphold the original decision. The provost’s decision on the appeal is final and no other office will accept or review appeals following the provost’s decision.

Decision Modified
Where the provost believes that the facts and/or the information presented in the student’s appeal warrant an outcome different than that of the original proceeding, he or she will render a new decision. This decision may include sanctions being decreased, modified, or revoked. The provost’s decision on the appeal is final and no other office will accept or review appeals following the provost’s decision.

Interpretation and Revision

The Student Life Office will review the discipline process periodically. The most current version of this policy (including any amendments) in effect at the time a case arises will govern the administration of the case. Any question of interpretation regarding the discipline process will be referred to the dean of students for final determination.