Residence Life

 

What You Should Know About: Judicial Process

JUDICIAL AFFAIRS
Clint Neill, Coordinator of Student Activities and Judicial Affairs
Campus Center 150, 240-895-4208

The mission of Judicial Affairs is to ensure the timely, fair, and consistent adjudication of alleged violations of the College's Student Conduct Code while adhering to the tenets of due process and confidentiality. The judicial system strives to provide learning opportunities and experiences for students found responsible for conduct detrimental to themselves, their peers, and the College community, as well as protect each student's relevant rights.

The campus judicial process is educational, with an emphasis on personal responsibility and commitment to community standards. It is the philosophy of this College, as reflected in the judicial process, that inappropriate behavior be redirected rather than punished. Serious and ongoing violations of the College’s student code of conduct, however, may result in suspension or expulsion from the College and/or criminal prosecution.

Each SMCM student is entrusted with the responsibility of upholding community standards, as set forth in the Code, as well as county, state, and federal laws.

In compliance with the Student Right-to-Know and Campus Security Act, Public Law 101-542, St. Mary’s College of Maryland will make available, upon request, a report on graduation rates and a campus security report. Please contact the Office of Institutional Research or Public Safety. In addition, in compliance with the Federal Education Rights to Privacy Act of 1994 (FERPA), staff members cannot discuss judicial cases with parents unless the student submits prior written consent.

Students, as members of the College community, have certain rights. These rights shall include the freedom to pursue educational goals, the freedom of expression and inquiry, the right to privacy and confidentiality of records, and the right to due process as established in the Code of Student Conduct. These rights are subject to the limitations of the Code.

We expect our students to uphold certain responsibilities:

• The responsibility for acting in such a manner as to ensure that other students enjoy the rights mentioned above.
• The responsibility for respecting and complying with College rules and regulations.
• The responsibility for respecting and complying with local, state, and federal law.
• The responsibility for acting in a manner which promotes an atmosphere of learning and free expression.
• The responsibility to respect the human rights, dignity, and worth of every individual in the College community.

Academic Misconduct

St. Mary’s College of Maryland is committed to the ideals of honesty, personal integrity, and mutual trust as being necessary to the function of the College. It is recognized that the maintenance of academic integrity is a shared responsibility of the individual students, members of the faculty, appropriate faculty committees, and academic administrative officers of the College. It is in this spirit that the following procedure is designed to function.

Each student member of the College community is responsible for presenting his or her own thoughts, as they are stimulated by lectures, books, or conversations with others at the College. To present the thoughts of others without proper attribution, or to receive assistance from friends, or to receive aids in accomplishing assignments and examinations makes a mockery of the learning process and contributes to the destruction of collegiality in the learning community. Such actions by individuals are a form of academic dishonesty that is not condoned by the students, faculty, or administration at St. Mary’s College of Maryland.

If an instructor believes that a student violated the academic honesty code, the instructor will discuss the charge, evidence, and procedures for handling the case with the department head. The instructor may decide to meet informally with the student and assign in-course penalties, limited to repeating assignments, performing additional assignments, receiving an F for the dishonest work, and being graded an F for the course.

If the student disputes the charges with the instructor or if the instructor feels that extra-course penalties are warranted, formal charges may follow, which could result in a hearing before the Academic Judicial Board. If convened, the Academic Judicial Board, made up of four faculty members and three student members, shall make a finding regarding the factual basis of the case (that is, whether academic dishonesty did or did not take place.) Normally, these hearings are conducted in private. The accused student is presumed not responsible of the charges until the contrary is established by a preponderance of evidence. The Academic Judicial Board makes recommendations regarding verdicts and penalties to the provost. Appropriate penalties are limited to the following: non-removal of the grade of F in the course in which the academic dishonesty occurred, temporary suspension during which any credit earned elsewhere shall not be transferred to SMCM (academic dishonesty suspension shall appear on the student’s transcript), dismissal for a specified period of time at the end of which the student shall have to reapply for readmission, or permanent expulsion (which shall appear on the student’s transcript).

Students found responsible for academic misconduct may appeal, in writing, any decision of the provost concerning the case to the president of the College.

Conduct Violations

All full-time students are given a copy of the Student Handbook each year. They are required to abide by the policies and procedures outlined in the handbook, on the Housing Contract, Resident Student Handbook, and as noted on the College’s Web site. If a student is alleged to have violated a College policy, an incident report may be submitted to the coordinator of judicial affairs. Each student who has been charged with violating the Code of Student Conduct has the opportunity to meet with the judicial adviser who explains the charges and procedures. The coordinator of judicial affairs determines whether to assign the case to the Student Judicial Board (made up of carefully selected and trained students and a professional staff member who serves as the Judicial Board adviser), the College Judicial Board (made up of carefully selected and trained students, faculty, and staff), or to one of the administrative hearing officers (selected professional staff in the division of Student Affairs).

Judicial Board members and administrative hearing officers strive to make fair and impartial decisions. In all cases, the student will be sent a charge letter, outlining the alleged code violation(s) and date of the alleged violation(s). If the student is assigned to a Judicial Board hearing, the letter will indicate the date, time, and location of the hearing. If the student is assigned to an administrative hearing officer, the letter will indicate the name and location of the hearing officer, and the date and time for the hearing.

In all hearings, the student may bring witnesses and an adviser, who must be a member of the College community. Parents are not permitted to sit in on hearings. The student, the community members who filed the charges (for example, Public Safety officers, RAs, etc.), and witnesses will be asked for their versions of the incident. The Judicial Board or the administrative hearing officer will determine whether or not the student is responsible for violating the conduct regulations as charged. If the decision is “yes,” the Board or the hearing officer will then determine sanction(s) appropriate for the violation(s).

Sanctions may be imposed upon a student who has been found in violation of campus regulations as follows:

1. Warning: Written or verbal notice that the student has been found in violation of a specific regulation, and that repetition or continuation of this violation may result in further disciplinary action.

2. Restitution: Reimbursement by the student to the College or a member of the College community to cover the cost of damage to or misappropriation of property.

3. Restriction: Withdrawal or restriction of certain privileges for a specified period of time.

4. Work Sanctions: The assignment of tasks or work appropriate to the violation, which will benefit all or part of the College community.

5. Creative Sanctions: Assignments imposed in an attempt to serve an additional educational purpose.

6. Disciplinary Probation: An official and final warning directing the student to exhibit good conduct during a specified probation period. Further violations during this period will require that the student automatically return to the judicial system and, if found in violation once more, face a more severe sanction.

7. Housing Contract Revocation: Temporary or indefinite separation from living in on-campus housing. Normally, housing contract revocation also involves restriction from all housing facilities.

8. Disciplinary Suspension: Temporary separation from the College with the right to apply for re-admission to the vice president and dean of the College. The terms of the suspension may be set or indefinite, and special conditions upon re-admission may be designated.

9. Expulsion: Permanent separation from the College.

Students have the right to appeal decisions of the student judicial board, college judicial board, or administrative hearing officers. Students found responsible may submit a written appeal. All appeals must be given to the coordinator of judicial affairs, who will give the appeal and the judicial file to the dean of students.

Interim Suspension

1. The dean of students or a designee may suspend a student for an interim period, pending a judicial hearing or psychiatric evaluation.
2. The interim suspension may become immediately effective without prior notice whenever there is evidence that the continued presence of the respondent student on the College campus poses a substantial threat to himself/herself or to others, or to the stability and continuance of normal College functions.
3. A student suspended on an interim basis shall be given an opportunity to have a hearing within four (4) school days from the effective date of the interim suspension.
4. In cases where there is an appeal following a hearing concerning interim suspension, the respondent student’s appeal shall be directed to the president.
5. A student suspended on an interim basis may not withdraw from the College before the conclusion of his/her judicial case.