Student Judicial System

Ultimate authority for the Student judicial system is vested in the Board of Trustees, which delegates that authority to College administrators and committees as set forth in this document, or in other appropriate policies, rules, or regulations adopted by the Board.

When the conduct of Students, Groups, or Organizations fails to meet acceptable Gustavus standards, the judicial system is the forum identified for response. Any College official, Instructor, student, or staff member may file a complaint of misconduct.
The College reserves the right to invoke the College Judicial System for student behavior occurring off-campus.
On-campus behavior that may be a violation of civil law may also be referred to local authorities.
It is necessary to endeavor to protect the campus community when there are reasonable grounds to believe that a Student may pose a substantial danger to self or others. Normally, such “substantial danger” will be manifested by a pending criminal charge, usually relating to a crime of violence, burglary, substantial theft or fraud, the sale of illegal drugs, or the possession of substantial quantities of illegal drugs or serious self-imperiling behavior.

While a criminal charge does not mean that the Student is guilty of an offense, such a charge does mean that civil authorities have determined that there is at least probable cause to believe that an offense was committed, and that the Student committed it. Under these circumstances, it may be necessary and appropriate to conduct a College Judicial Hearing.

If a Student is charged with or convicted of a violation of law while off of the campus, the College may have to deny certification when the conduct violates established standards for professional accreditation of the Student.
In cases of emergency, where the wellbeing of Students or the Institution may be endangered, or in cases where the respondent demonstrates a pattern of disruptive behavior, the Dean of Students (or his/her designee) may take appropriate interim measures including temporary removal of the respondent from College housing and/or temporary suspension of the respondent pending campus judicial proceedings. Such a temporary suspension shall become effective immediately without prior notice; however, a Student suspended on a temporary basis shall be given an opportunity to appear personally before the Dean of Students or his/her designee within five (5) Business Days from the effective date of the temporary suspension in order to discuss the following issues only:
1. The reliability of the information concerning the Student’s conduct.
2. Whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the Student on the College campus poses a substantial threat to self and others or the stability and continuance of normal College functions.
The College may involve and have present at any judicial proceeding legal counsel for the College. The Judicial Coordinator shall notify the complainant and the accused within three (3) Business Days of issuing the complaint if the College intends to have an attorney present.
Judicial Procedures are to be carried out expeditiously and all parties are to assist in this effort. Requests for delays in these procedures may be made for compelling reasons. Requests must be made in writing to the Judicial Coordinator at least two (2) Business Days prior to the scheduled hearing/appeal and must specify the reason(s) for the delay. The Judicial Coordinator shall determine the appropriateness of the request.
Provisions in these procedures do not preclude Students from pursuing legal action.
A summary of Judicial System results—protecting the identity of the parties—may be released periodically for publication.

Associate Dean of Students/Judicial Coordinator

The Associate Dean is responsible for coordinating the College judicial system. S/he oversees the work of the Appropriate Judicial Authority and interprets standards of conduct and judicial procedures to Students and others. The Associate Dean is available to serve as a resource for complainants and/or respondents wanting information concerning procedures, rights, and responsibilities under the judicial system. The Associate Dean does not and shall not act as a representative or advocate for any respondent or complainant.
Reports of alleged violations of the Statement of Student Responsibilities may be filed with administrators designated by the Dean of Students. These administrators will seek to respond to the alleged violations through referral to one of three judicial procedures: (A) the Citation system, (B) the Administrative Conference, or (C) the Formal Complaint to the College Judicial Board.

Judicial Procedures

Citations
College officials may issue Citations for the acts listed below. Citations may be issued to Students with or without a formal Hearing. The Student may choose to comply with the sanctions when no Hearing is scheduled, or s/he may request a Hearing within five (5) Business Days of the receipt of the Citation. If a Hearing is held, the Student carries the burden of demonstrating that the Citation should not have been issued. Issuance of a Citation does not preclude other action via the complaint procedure below. Offenses are counted cumulatively during each academic year.

Like a formal complaint, a Citation becomes part of a student’s disciplinary record. Other breaches of Traffic Policies listed elsewhere in the Gustavus Guide may be addressed without creating a disciplinary file. Under most circumstances, Citations are accompanied by a conversation with a College official.

Citation Outcomes

Excessive noise or other disruptive behavior.
First Citation: Formal warning
Second Citation: $25 fine and meeting with Area Coordinator/Assistant Director.
Third Citation: $100 fine and a Hearing to consider further sanctions.
Actions that endanger health or safety.

Obstructing hallways, fire exits or room doors, propping fire doors, or otherwise compromising fire egress or safety equipment.
First Citation: $100 fine plus restitution and meeting with Area Coordinator/Assistant Director.
Second Citation: $200 fine plus restitution and a hearing to consider further sanctions.
Propping locked security doors or otherwise compromising security equipment or facilities.
First Citation: $50 fine.
Second Citation: $100 fine and hearing to consider further sanctions.
Possession of candles, oil lamps, incense, or other open flames (or storage of flammable materials).
First Citation: $50 fine and immediate removal of items.
Second Citation: $100 fine and a hearing to consider further sanctions.
Possession of Firearms.
Citation: Immediate administrative suspension pending a hearing.
Tampering with, damaging, or setting off sprinklers.
First Citation: $100 fine plus restitution (typical minimum restitution charge: $700).
Second Citation: $200 fine plus restitution and a hearing to consider further sanctions.
Violations of Fire Marshal Regulations.
First Citation: Formal warning and deadline for removal.
Second Citation: $25 fine and confiscation.
Failure to leave the building when fire alarm sounds.
First Citation: $75 fine.
Second Citation: $150 fine and hearing.

Breaches of Residential Life, Cable, and Traffic Policies.
1. Unauthorized removal of furniture from lounges and other public areas.
  First Citation: $25 fine and replacement deadline.
  Second Citation: $50 fine, replacement, and a hearing to consider further sanctions.
2. Pets in residence halls
  First Citation: $25 fine and immediate removal of animal.
  Second Citation: $50 fine and hearing to consider eviction from College housing.
3. Sale of assigned room space to another student
  Citation: Forfeit of assigned space by both parties.
4. Unauthorized reception and/or assisting in the unauthorized reception of cable television.
  First Citation: $25 fine, immediate cessation of reception, meeting with Area Coordinator/Assistant Director or other College official.
  Second Citation: $50 fine, immediate cessation of reception.
5. Possession of illegal appliances.
  First Citation: Formal warning and removal of item(s).
  Second Citation: $25 fine and immediate removal of item(s).
  Third Citation: $50 fine and confiscation.
6. Students violating official closing/return time.
  First Citation: $30 fine for each in violation.
  Second Citation: $30 fine for each in violation and hearing to consider eviction.
7. Possession of a refrigerator larger than 6 cubic feet.
  First Citation: Formal warning and removal deadline.
  Second Citation: $50 fine and confiscation.
8. Unauthorized room changes.
  First Citation: Formal warning and removal deadline.
  Second Citation: $50 fine and room priority penalty for following year.
9. Possession of waterbed.
  First Citation: Formal warning and removal deadline.
  Second Citation: $50 fine and supervised removal.
10. Removal of window screen.
  First Citation: Formal warning.
  Second Citation: $25 fine.
  Third Citation: $50 fine.
11. Smoking or using smokeless tobacco where not permitted.
  First Citation: $50 fine.
  Second Citation: $100 fine.
12. Possession of an illegal loft.
  First Citation: Formal warning and removal deadline.
  Second Citation: $50 fine and supervised removal.
13. Promotion of events where alcohol is the primary focus; display of alcohol-related materials in windows or areas outside of residence hall rooms; possession of open containers in public/nondesignated areas by persons 21 years of age or older.
  First Citation: $25 fine and referral to College Judicial Board.
  Second Citation: $50 fine and referral to College Judicial Board.
  Third Citation: Referral to College Judicial Board.
14. Possession or presence of any alcohol containers in “underage” rooms; possession of alcohol (other than noted in #17) by underage persons.
  First Citation: $100 fine and ACES workshop
  Second Citation: $200 fine and Level II workshop
  Third Citation: Referral to College Judicial Board.
15. Possession of a keg or other bulk common-source alcohol container.
  First Citation: $200 fine and meeting with Residential Life staff.
  Second Citation: $300 fine; housing relocation or eviction; referral to Director of Alcohol and Drug Education
  Third Citation: Referral to College Judicial Board.
16. Violating College Visitation Policy
  First Citation: Formal warning
  Second Citation: $25 fine and meeting with Area Coordinator/Assistant Director
  Third Citation: $100 fine and a Hearing to consider further sanctions.
Breaches of Traffic Policy.
First Citation: Sanctions/fines as listed.
Second Citation: Sanctions stipulated plus a hearing to consider revocation of vehicle operation and/or parking privileges on campus.
1. Speeding $75
2. Failure to obey traffic officer $100
3. Failure to obey a traffic sign $75
4. Careless/reckless driving $100
5. Driving too fast for conditions $100
College officials may establish and provide notice of fines for violations of various College policies.

Administrative Conference
Administrators designated by the Dean of Students may conduct Administrative Conferences with students who acknowledge responsibility for violating the Statement of Student Responsibilities. During the Administrative Conference the designated administrator and the student engage in a conversation the goal of which is to arrive at a mutually agreeable outcome for the acknowledged violation. If this occurs, the conversation and sanction are summarized by the Administrator in an Agreement Letter that becomes a part of the student’s judicial file in the Dean of Students Office.

Formal Complaints
Formal complaints are written allegations of violations of the Statement of Student Responsibilities that are not resolved through the Citation procedure or an Administrative Conference. Any College official, faculty member, student, or staff member may file a complaint of misconduct.

Formal Complaints shall be filed with the Dean of Students Office. After receiving a formal complaint, the Dean of Students, or his/her designee, will assess the available information and determine whether or not there appears to be reasonable grounds for a Hearing. As part of this assessment, the dean or a designee may seek additional information by consulting with the complainant, the respondent, or others.
The Dean of Students may then either dismiss the complaint, attempt directly or through a designee to have the complaint resolved through mediation, or refer the complaint to the Associate Dean of Students, who shall send a copy of the complaint, notice of Hearing (if any), and the proposed time and place for such Hearing to the respondent.
The respondent should acknowledge receipt of the complaint within three (3) Business Days and confirm the Hearing date, time, and place if a Hearing is provided.
If the respondent fails to appear for a Hearing after proper notice has been given, the Hearing shall be conducted in his or her absence. Nonetheless, the complainant shall be required to present a case in accordance with customary evidentiary standards, as stated below.
If the complainant fails to appear for a Hearing after proper notice has been given, the Hearing shall be conducted in the Complainant’s absence.
Hearing proceedings will be recorded, but mechanical failures are not the basis for a claim for denial of due process.
Hearings will normally be private proceedings. However, the respondent as well as the complainant may, nonetheless, make a written request via the Associate Dean of Students for an open Hearing. The Associate Dean of Students may grant such a request at his/her discretion and in compliance with regulations concerning confidentiality.
Upon written notification to the Associate Dean of Students at least two (2) Business Days prior to a Hearing, the respondent as well as the complainant may be assisted during the Hearing by an Adviser. The Adviser’s role is defined previously.
In matters involving complaints of sexual assault, the complainant may have an Adviser who may be an attorney. Such attorney shall be subject to the limitations of an Adviser as previously defined. The complainant shall notify the Associate Dean of Students within three (3) Business Days of the receipt of the complaint of his/her intent to have an attorney Adviser. If the complainant will be advised by an attorney at the hearing, the respondent shall be notified at least five (5) Business Days prior to the hearing of his/her right to an attorney. The respondent’s attorney shall be subject to the same limitations as the complainant’s attorney.
The presiding Judicial Authority shall exercise control over the proceedings to avoid needless consumption of time and to achieve orderly completion of the Hearing. Any person, including the accused or the complainant who disrupts the Hearing may be excluded by the presiding officer.
Each person providing testimony at a Hearing shall be asked to affirm that his or her testimony is truthful.
Written statements may be submitted in lieu of testimony provided in person when individuals to provide such testimony are unable to attend a hearing and so demonstrate to the satisfaction of the Associate Dean of Students at least two (2) Business Days prior to the hearing.
Prospective witnesses, other than the respondent and the complainant, shall be excluded from the Hearing by the presiding officer during the testimony of other witnesses.
The respondent is presumed innocent unless the information presented to the Appropriate Judicial Authority demonstrates responsibility for the alleged acts by a preponderance of the evidence.
Both the respondent and the complainant shall be notified within a reasonable time of the outcome of the Hearing. If the respondent is found responsible for the acts alleged, s/he shall also be informed of the Appeals procedure.
Sanctions are held in abeyance pending Appeal. Sanctions will be imposed unless appealed or removed by appellate decision.
In a Hearing, the following rights attach for the respondent:
1. To be informed of the complaint allegations within a reasonable time of the event.
2. To request a copy of Student Rights, Responsibilities, and Judicial Procedures.
3. To have a reasonable time to prepare for consideration of the complaint at the hearing.
4. To request that his/her case be reviewed separately where the case involves more than one accused.
5. To disqualify a member of a Hearing board or other Appropriate Judicial Authority for bias demonstrated by the accused to the board or other Appropriate Judicial Authority.
6. To present witnesses and information pertinent to the Hearing.
7. To hear and respond to all information offered in support of the complaint.
8. To ask questions of persons presenting information pertinent to the Hearing.
9. To submit a written statement rather than appear at the Hearing without risk of sanctions assigned solely for failure to appear.
10. To appeal decisions pursuant to the provisions in the Sanction section, below.
11. To be immune from repeated consideration of the same complaint except on Appeal, when remanded for a new Hearing, or for new information.
When a Hearing is granted, the following rights attach for the complainant:
1. To request a copy of Student Rights, Responsibilities, and Judicial Procedures.
2. To have a reasonable time to prepare for consideration of the complaint at the hearing.
3. To file separate complaints for multiple respondents.
4. To disqualify a member of a Hearing board or other appropriate judicial authority for bias demonstrated by the complainant to the board or other Appropriate Judicial Authority.
5. To present witnesses and information pertinent to the Hearing.
6. To hear and respond to all information offered in opposition to the complaint.
7. To ask questions of persons presenting information pertinent to the Hearing.
8. To appeal decisions pursuant to the provisions in the Sanctions section, below.

College Judicial Board
When complaints are filed and are not handled through the citation system or Administrative Conference, Hearings may be conducted by the Appropriate Judicial Authority. Hearings may occur through an Administrative Hearing or a meeting of the College Judicial Board. Complaints may be assigned to particular judicial authorities at the discretion of the Associate Dean of Students in consultation with the Dean of Students.

Composition
1. The College Judicial Board is composed of a faculty member drawn from a pool of faculty selected by the Faculty Committee on Student Life, an Associate/Assistant Dean of Students (or his/her designee), and a Student drawn from the pool of trained Students previously selected by the Student Senate. The Associate/Assistant Dean of Students, or his/her designee, convenes and chairs the College Judicial Board.
2. If any of the College Judicial Board members named above is the Complainant, that individual’s designee may not be within that individual’s academic department or administrative unit.
3. The College Judicial Board may rule on the validity of a complaint, with the chair and any one of the other Board members in attendance with the consent of the complainant and the respondent.
Jurisdiction
1. The College Judicial Board may consider unresolved complaints arising out of the Citation System.
2. The College Judicial Board also hears complaints referred directly to it by the Associate Dean of Students or Dean of Students. Academic offenses and claims of theft, disorderly conduct, trespass, assault, and the like are generally considered cases of original jurisdiction for the College Judicial Board.
3. The College Judicial Board shall consider the validity of the complaint and, if responsibility for the complaint is determined, shall prescribe the sanctions in accordance with these procedures.
4. If for any reason the College Judicial Board cannot be convened or assembled (e.g., summer, vacation, graduation, finals, etc.), the Dean of Students or his/her designee shall hear the matter, rule upon the validity of the complaint, and assign sanctions where appropriate.
Appeals
1. All Appeals from the College Judicial Board will be to the College Appeals Board pursuant to the provisions in the Sanctions section, below.
Sanctions
When complaints are heard and responsibility is determined by the College Judicial Board, sanctions such as the ones listed below may be assigned to an accused Student, Group, or Organization:
1. Admonition: An oral or written statement to a Student, Group, or Organization that they are responsible for misconduct, warning that a repeat of the misconduct may result in more severe sanctions.
2. Restitution: Compensation for harm, injury, or loss. This may take the form of reimbursement for damage to or misappropriation of property, appropriate service, formal apologies, or other compensation.
3. Fine: Monetary assessment up to five hundred dollars ($500) per infraction for individuals and five hundred dollars ($500) per infraction for Groups and Organizations.
4. Required Work Hours: The activity is required for a specified number of hours during a designated time period under appropriate supervision. Efforts will be made to assign Students to tasks where the disciplinary nature of the assignment need not necessarily be revealed.
5. Decrease in Housing Priority: Number for residence hall selection process.
6. Participation in Educational Activities: Required participation in one or more educational programs/activities intended to expand the Student’s/Organization’s/Group’s understanding of self, others, or important issues related to the misconduct. The activity will extend for a predetermined number of hours over a specified time frame, subject to verification of successful completion of assigned tasks.
7. Disciplinary Censure: The serious nature of the specific violation or existence of prior violations merit deep concern by the College for a determined period of time. The individual’s status with the College is in jeopardy and, therefore, parents are notified when students are censured. Students sanctioned with Disciplinary Censure should understand that in most cases, future violation will result in Disciplinary Probation.
8. Relocation: Reassignment of a Student, Group, or Organization from a particular oncampus space to another. The right of a Student to living space of her/his choice will be forfeited for the academic year.
9. Eviction: Termination of the right of a Student, Group or Organization to space on campus. Upon eviction, the College will terminate its contract with the Student for residence hall space and reimburse, according to College policy on room refunds, the appropriate portion of monies, which the Student has paid to the College for living space for the balance of the academic year.
10. Restrictions:
  1. of Entry: Removal of the privilege of entering or visiting some or all areas of the campus.
  2. of Participation: Limitations on participation in specific co-curricular activities, use of certain facilities or services, or other social restrictions.
  3. of Contact: Prohibition of unnecessary and avoidable contact.
11. Disciplinary Probation: This is the most serious form of behavior-related sanction that can be imposed short of suspension. The individual is considered to be “not in good standing with the Institution” for a determined period of time. Parents are notified when a student is placed on Disciplinary Probation. During the probationary period, the student may be prohibited from registering for or participating in off-campus study, travel courses, internships, career explorations, off-campus independent studies, representing the College in any activity (e.g., athletic teams, choirs, bands, ensembles, debate, etc.), performance, or presentation for a determined period of time.
12. Suspension: Termination of Student status for a definite period of time. The conditions of readmission shall be stated in the order of suspension.
13. Expulsion: Permanent termination of Student status. The fact of expulsion shall become part of the Student’s permanent academic record at the College and remain so.
Any Organization found responsible for acts of misconduct or illegal acts — on- or off-campus — and/or any person held responsible for such acts, may have sanctions assigned, including withdrawal of Institutional privileges.
Nothing in this document shall preclude the Appropriate Judicial Authority from considering a Student’s or Organization’s previous behavior relevant to the current complaint when prescribing sanctions.
When probation, relocation, eviction, restriction, suspension, or expulsion are imposed, parents or guardians may be notified with prior notice to the Student (through the campus post office) if the Student is financially dependent on the parents or guardians.
When a Student is found responsible for misconduct, written notice of the sanction(s) assigned shall be provided to the respondent and the complainant.
Appeals
1. Purpose
  Appeals are granted at the discretion of the Appropriate Judicial Authority to determine if error has occurred in prior hearing of the matter. Any party to the matter may appeal.
2. Jurisdiction
  1. The College Appeals Board considers Appeals from College Judicial Board Hearings.
  2. The President of the College or his/her designee considers Appeals from the College Appeals Board in cases involving expulsion from the College only.
3. College Appeals Board
  1. Composition
    1. The College Appeals Board shall be composed of the Associate Provost (or designee), a faculty member drawn from a pool of faculty selected by the Faculty Committee on Student Life, and a Student selected by the Associate Dean of Students from the Student Senate-selected pool of trained Judicial Board members.
      b. If any of the College Appeals Board members named above is the Complainant, that individual’s designee may not be within that individual’s academic department or administrative unit.
  2. Jurisdiction
    1. The College Appeals Board shall consider Appeals from the College Judicial Board and decisions of Administrative Prerogative pursuant to the procedures outlined elsewhere. College Appeals Board decisions are final except in cases involving expulsion from the College, which may be appealed to the President of the College.
    2. If for any reason the College Appeals Board cannot be convened (e.g., summer, finals, etc.), the Dean of Faculty (or his/her designee) shall consider the Appeal, rule upon its validity, and assign sanctions where appropriate.
  3. The President of the College or his/her designee considers Appeals from College Appeals Board decisions involving expulsion from the College.
4. Procedure
  1. Appeals must be filed in writing with the Judicial Coordinator within five (5) business days of receipt of the original written decision. (Receipt is defined as the day following the date of the explanation letter from the Associate Dean of Students.)
  2. The Appeal application must specify the grounds of Appeal (i.e., what error occurred). Those grounds are limited to:
    1. denial or irregularities of due process,
    2. unreasonableness of penalty, or
    3. new information not previously available.
    The grounds for Appeal must state with specificity the facts upon which such claims of error are made.
  3. The individual must demonstrate to the Dean of Students or designee in the written Appeal application (available from the Dean of Students Office or online Judicial Appeal Form) that reasonable grounds for the Appeal exist as per paragraph 2 above.
  4. Upon receipt of the appeal, the Associate Dean of Students shall forward the Appeal form with attachment(s) to the other party within three (3) Business Days. That party shall then have three (3) Business Days to provide a written response to the Associate Dean of Students for consideration by the appellate authority. Appeals will be considered on the basis of the record. New information not previously available may result in a remand of the matter to the original authority.
  5. The appellate authority may uphold the original decision, change the original ruling, or refer the matter to the authority of original jurisdiction with instruction.
  6. Appellate authorities shall begin consideration of Appeals as soon as possible after their submission.
  7. No appellate authority or member thereof may be a designee of, report to, or work within the same academic department or administrative unit as the complainant or respondent.
  8. Appellate authorities may, at their discretion, seek clarification from any parties involved in the matter under appeal.
  9. Appeals are limited to review by one appellate authority except in cases involving expulsion from the College.