2017-2018 Student Handbook

Page 55 of 107 Updated 1.25.17 POLICIES Judicial Procedures The judicial process is based on the assumption that disciplinary procedures, when required, should be an educational process. Disciplinary sanctions are imposed to help students develop individual responsibility and encourage self-discipline, to foster a respect for the rights of others, and to protect the rights, freedoms, and safety of members of the university community. Students who demonstrate an unwillingness or inability to follow the Code of Conduct will be treated in the same manner as one who has failed academically. An institution of higher learning is authorized by law to establish and administer codes of conduct and to suspend, expel or dismiss students whose actions negatively impact the campus community. Hardin-Simmons University reserves this right. Student disciplinary proceedings are not analogous to criminal court proceedings. No particular model of procedural due process is required. However, the procedures should be structured in order to facilitate a reliable determination of the truth and to provide fundamental fairness. Procedures can be very informal in cases where suspension, expulsion, or dismissal, are not a probable penalty; more procedural formality should be observed in serious disciplinary cases. In all situations, fairness requires that students be informed of the nature of the charges and be given a fair opportunity to respond to them. 1. Student Rights Students accused of Code of Conduct violations are entitled to the following standards of fairness: A. To be informed of the accusation and alleged misconduct upon which the accusation is based B. An opportunity to offer a relevant response to the charges C. Confidentiality, as defined by and in accordance with the terms of the federal Family Educational Rights and Privacy Act D. To request that any person conducting a disciplinary hearing or serving as a committee member be disqualified on the ground of personal bias E. To be considered innocent of the accusation until proven responsible F. To be advised by a current student, faculty, or staff member of the university who was not involved in the incident 2. Reporting Misconduct Anyone may report a violation of the Code of Conduct by contacting the Dean of Students at 325-670-1250. Normally, the person reporting the violation will be asked to submit a written report. The report should be a brief written statement citing the section of the code allegedly violated and providing a summary of the facts deemed to constitute a violation. Reports should be submitted as soon as possible after the event takes place. The university reserves the right to take action against an individual for violating the Code of Conduct regardless of how much time has passed since the incident. Anonymous reports may be made on the anonymous HSU Tip line by calling voice mail at 325-670-1461 or leaving a report on the tip web link under the Campus Police web page. For any campus emergency, call 325- 670-1461 3. Immunity for Good Samaritans HSU encourages students to offer assistance to other students in need, both on and off campus. The welfare of students in our community is of paramount importance. Sometimes students are hesitant to offer assistance to