Discipline Process

DISCIPLINE PROCESS

Augsburg College expects its students to be responsible in their personal behavior and to comply with all established standards for student behavior. To this end, a disciplinary procedure has been established to review the case of any student who is accused of violating these standards and to give that student an opportunity to explain the behavior in question. The procedures allow for flexibility and timeliness in determining student responsibility and disciplinary sanctions. Since this is a civil system and not a criminal system, the process affords minimum procedural protections.

The Administrative Disciplinary Process is used to review allegations of:

a. Residence Hall Policy violations
b. Standards of Conduct violations
c. College Policy violations (e.g., Open Flame Policy, Responsible Use for Computing and Network Resources)

Alleged violations of the Academic Honesty Policy are handled through the process outlined in that policy.

The first step is a hearing to review the case of any student accused of violating the standards of conduct, and to give that student an opportunity to discuss the behavior in question. Any appropriate facts and information will be reviewed and a sanction, if appropriate, will be determined. The student is allowed an opportunity to appeal the outcome of the hearing to the appropriate next higher level. Most violations are of a minor nature and do not involve suspension or expulsion from the academic program.

Administrative Hearings
An Administrative Hearing is used in most circumstances. A Hearing Officer meets with the student whose conduct allegedly violated campus policy. The Hearing Officer determines the student’s degree of responsibility for policy violations, based on the preponderance of the evidence, and determines the sanctions, if any. The incident report and letter confirming sanction(s) are forwarded to the Dean of Students who monitors student compliance. When the violation involves drugs/alcohol and the student is currently participating on an intercollegiate athletic team, the Hearing Officer notifies the Head Coach (who has a need to know) of the incident and sanction.

An Administrative Hearing is also used when the student, after having the opportunity to explain the behavior in question, denies the allegations or disagrees with the sanctions.

All parties may be assisted by one advisor of their choice.  This could be a current faculty member, staff member, student of the Augsburg College community or legal advisor. If the student chooses, one or both parents may attend as an advisor or in addition to the advisor. If the student wishes to have an advisor present at the hearing, the advisor may only advise the student and cannot speak for the student.

Failure to comply will result in a hearing with the Dean of Students or designee. Further sanctions may be imposed.

Hearing Officers

1. Residence Hall Director
For a first incident report, the student will meet with their residence hall director for violations of residence life policy or violations of policy that occur in the residence hall.

2. Director of Residence Life
Students whose situation may involve eviction (e.g., a second incident report or a report of a major violation) will typically meet with the Director of Residence Life.

3. Dean of Students (or designee).
Students whose situation involves a violation of the Standards of Conduct or College Policy that occur outside the residence halls will typically meet with the Dean of Students. Students whose situation may involve suspension or expulsion will meet with the Dean of Students and the Director of Public Safety.

Records
Records of disciplinary action (reports, letters, hearing results, sanctions, etc.) are kept in a confidential file in the office of the Dean of Students. Records are destroyed after seven (7) years. The office of the Vice President of Student Affairs monitors compliance.

Student Conduct Council
The Student Conduct Council may convene in situations of major violations that could result in the student’s suspension or expulsion from the academic program. This process may also be used in matters that require sensitive handling and require an impartial hearing body. The Dean of Students and the Director of Public Safety (Hearing Officers) will determine whether the matter is referred to the Student Conduct Council.

Appeal Process
A student may appeal the decision and sanctions. The student must file a request, in writing, with the Dean of Students Office within five (5) days of receipt of the notification of the sanctions.

The Initial Hearing Officer(s) will be present for the Appeal Hearing.

Initial Hearing Officer Hearing Officer for Appeals
Residence Hall Director Director of Residence Life
Director of Residence Life Dean of Students
Dean of Students Vice President of Student Affairs

In the case of a suspension, which is a joint action agreed upon by the Dean of Students and the Director of Public Safety, the appeal will be heard by the Student Conduct Council. When the College is not in session (this includes the summer), the appeal will be heard by the Vice President of Student Affairs. The Vice President of Student Affairs receives all recommendations made by the Hearing Officers, and may uphold, amend, or overturn their decision.

Administrative Removal
The following actions may be taken when there is reasonable cause to believe that a student poses a threat to the safety of self or other persons or property or poses a disruptive threat to operations of the College.

A. Summary Eviction

1. Cancellation
The College reserves the right to cancel the residence life contract if the resident, or the resident’s guest(s) is deemed by the Director of Residence Life or the Dean of Students to be a threat to the safety, health, or security of the residence hall and/or its residents. If the College cancels this contract, the resident must vacate the premises within 24 hours of notification.

2. Eviction
A summary eviction requires that the student vacate residence immediately. It may be imposed when the Director of Residence Life or Director of Public Safety (or designees) have reasonable cause to believe the student poses a threat to the safety of self, other persons, or property in the residence halls. Any student so evicted who returns to College housing during the period of eviction may be subject to permanent denial of housing and further sanctions.

Once summary eviction has been imposed, permission to enter College housing must be granted in writing and in advance by the Director of Residence Life or the Dean of Students.

Any student subject to summary eviction shall be required to remain out of College housing until an administrative hearing is held. The hearing shall be held within 7 calendar days of the notice of eviction.

B. Summary Suspension from the College
A summary suspension requires that the student immediately leave the campus. The College may impose summary suspension when the Dean of Students and the Director of Public Safety (or designees) have reasonable cause to believe the student poses a threat to the safety of self, other persons or properties, or poses a disruptive threat to the operations of the College. Any summarily suspended student who returns to campus during the period of summary suspension may be subject to expulsion. Permission to be on campus may be granted for a specific purpose; however, it must be granted in advance and in writing by a hearing officer. Any student subject to summary suspension shall be required to remain off campus until a Student Conduct Council hearing is held. The hearing shall be held within 7 calendar days of the notice of summary suspension.