Deliberation, Sanctions, and Appeals

What happens during deliberation?

The board will deliberate after they are satisfied that they have had all of their questions answered and after the complainant and respondent have made their closing statements. The board members, the moderator and the Coordinator for Community Standards remain in the room and everyone else is excused.

The board will first determine if a violation of community standards has occurred. If the majority of the board members feel that a violation has occurred, they will then determine if the respondent is responsible for each of the allegations that were presented. If the respondent is found to be not responsible, then the deliberation ends. If the respondent is found to be responsible for any of the allegations and has prior university violations on record, then the respondent is recalled and the moderator presents the prior record. The board members usually ask additional questions as they relate to the prior violation(s).

The board then takes into consideration the seriousness of the violations, the priors and all of the testimony and evidence that was presented. At this time, they decide which sanctions, if any should be recommended.

For UDCs, the board puts a recommendation in writing to the Dean of Student Affairs For Residence Hall and Greek Community boards, the board puts a recommendation in writing to the Director of Student Life. The Dean of Student Affairs or Director of Student Life will either accept, alter or deny the board's recommendation.

The student is notified, normally within 7 days from the date of the hearing, of the final decision. The student will be contacted when the letter is ready and s/he will be asked to come into the Student Life Office to pick it up and sign an acknowledgment that the letter was received. During this time, the Coordinator for Community Standards will answer any questions that the student may have about university policy and the outcome.

What are some potential sanctions when community standards are violated?

Here at Carnegie Mellon, sanctions are utilized to hold the student accountable for his/her actions and assist the student in learning constructive alternatives to inappropriate behavior.

The community standards violation sanctions defined below comprise the range of official action which may be imposed by the university or a hearing board for violation of community standards. One or more of these actions may be imposed in response to a given situation.

The determination of sanctions will be guided by the following considerations: the interests of the community, the impact of the violation on the victim(s), documented community standards violation history, and any aggravating circumstances.

Verbal Warning: A reminder that previous conduct was questionable or in violation of stated regulations or policies and that the university wishes to show concern that students be aware of and abide by such policies. This action is intended to be a response to relatively minor problems.

Disciplinary Warning: For minor infractions, a student may be placed on disciplinary warning. The warning will be called to the attention of a disciplinary hearing group in the event of any further infractions of university regulations and will justify consideration of more severe punishment.

Residence Hall Probation: An official notice to a resident student, in many cases where a student has already received a verbal or written warning, that conduct with regard to residence hall regulations or policies has been unacceptable and that future violation of university regulations would result in more serious disciplinary action, including the possible loss of campus residency. Probation lasts for a stated period of time and a copy of the probation notice is maintained on file in the Student Life Office for review when addressing subsequent questions concerning that student's conduct.

Disciplinary Probation: For a second infraction or for a single offense of a more serious nature, a student may be placed on probation. Probation may entail specific requirements to be met as provided by the University Committee on Discipline. It will be entered on the official university records and makes the student vulnerable to suspension or expulsion in the event of further serious infractions of university regulations.

Community Restitution: The university may, in imposing penalties, require or accept uncompensated service (a specified number of hours) to the university or an off-campus, non-profit organization as part or all of the costs represented in the penalty. The particular assignment of duties would be made in collaboration with the housefellow or college liaison and the person under whose direction the work shall be done will certify to the Student Life Office when the work has been completed. Failure to complete the service satisfactorily within the specified period of time would result in more serious disciplinary action being taken.

Fines: Any fines imposed are payable to the general funds of the university and may not directly benefit any person or persons bringing charges. Fines not paid within one month become a charge payable to the university through the student's account and are enforced in the same way all other financial obligations to the university are enforced. In other cases, fines are normally applied to the general programming efforts to improve the educational environment in the residence halls.

Reimbursement or Replacement: An action which requires a student to pay for damages to or misappropriation of university property or the property of members of the university community. Such reimbursement cost shall be charged to any student who alone, or through group activities, organizes or knowingly participates in the events causing the damage or loss.

Room Reassignment: An action where a student is assigned to either another room in the same residence hall or a room in another residence hall. When a student is assigned to another hall, specific restrictions concerning the previous hall may be invoked.

Loss of Campus Residency: An action which excludes a student from residence in university housing for a stated period of time. This action will be recorded and maintained on file in the Student Life Office. A student who loses residency in university housing shall be considered for future housing accommodations, as space permits.

Suspension: For offenses of greater culpability, the student may be barred from enrollment for a designated period. Students who have been suspended are required to absent themselves from the campus (including residence halls and fraternity or sorority houses) within a maximum of two days after the action and to remain off the campus for the duration of the time specified. This action includes debarment from part-time or summer courses for the duration of the period of the action.

During the period of suspension, a student who has been suspended for academic or disciplinary reasons is not eligible: for employment by the university; to register for classes; live in student or fraternity/sorority housing; use campus facilities, including athletic, library and computer clusters; participate in student activities; or be members of student organizations.

Expulsion: The student is required to sever entirely his or her connection with the university. Students who have been expelled are required to absent themselves from the campus (including residence halls and fraternity or sorority houses) within a maximum of two days after the action and to remain off the campus permanently, unless otherwise specified.

What about appeals

Another facet of the community standards violation system is the appeal process. At times, the student disagrees with the final decision and desires an opportunity to provide a rationale as to why he/she believes the outcome was not appropriate. It is important to know that there are specific acceptable reasons to appeal a decision; a student cannot appeal a decision simply because he/she does not like the decision.

The following are also the basis for appeal.

1. A gross error in procedural processes as revealed in a transcript of the hearing;
2. The imposition of a sanction by a hearing group so mild or so onerous as to be inconsistent with its ruling or with the circumstances;
3. Evidence as deduced from a transcript of the proceedings before a hearing group that the decision is unsupported by any substantial evidence;
4. New evidence that would cause the case to be reconsidered.

The appeal will be read if it is based on one of the above reasons. Once the appeal is read, the appeal officer may allow the outcome to stand, decide on a more severe sanction, a less severe sanction, or may refer the case back to a different UDC board for final adjudication.

An appeal of a university disciplinary action must be filed (by either the complainant or respondent - complainants are notified of the outcome if the charge was related to a sexual assault or an act of violence) within seven calendar days of the official notification of the decision to the student.

UDC appeals are to be submitted in writing to the president of the university. Appeals for Greek Community and Residence Hall Boards are to be submitted in writing to the Dean of Student Affairs.

Dr. Jared Cohon President Carnegie Mellon University Warner Hall 602 Pittsburgh, PA 15213

Jennifer Church Dean of Student Affairs Carnegie Mellon University Warner Hall 301 Pittsburgh, PA 15213

The person bringing an appeal may request that the tapes of the hearing be transcribed. In this case, the student will be responsible for the cost of providing a transcription of the taped record of the prior proceedings. The transcription is made solely for the use of the person considering the appeal. In the event of appeals, any hearing sanctions will normally be held in abeyance pending the outcome of the appeal.

Who can access community standards violation records and how long are they maintained by the university?

Student education records are official and confidential documents protected by one of the nation's strongest privacy protection laws, the Family Educational Rights and Privacy Act (FERPA). FERPA defines education records as all records directly related to a student, or maintained by the institution or by a third party acting for the institution. Education records include disciplinary records (academic or personal).

All materials related to any disciplinary process will be made available to the student or University representative bringing forward the allegations (complainant), the student alleged to have violation community standards and members of the hearing body, consistent with the privacy rights of those involved. These materials are to be kept confidential and may be shared only with those necessary, and to the degree necessary for the development of either side of the case. Disciplinary files are confidential and are destroyed three years after a student has left the campus (either as the result of graduation, withdrawal, or of an action by the University Committee on Discipline). Release of these records to other persons such as parents, other colleges, employers, prospective employers, governmental and legal agencies shall occur only upon approval of the student, graduate or upon subpoena.

The existence of a case, the general nature of a case and the sanctions imposed, if any, may be discussed and available to the university community provided that such availability is unlikely to lead to the clear identification of the student(s) involved.