Judicial Process

Every attempt will be made to hear policy violations in a timely manner, taking into consideration a student’s right to due process. There may be times during the year when the Dean of Students adjudicates cases in order to expedite the process. (Examples may include, but are not limited to: alleged policy violations that occur prior to the official opening of the College or during the last week of classes and/or during finals).

History

The Hendrix College bylaws state that the faculty shall organize the discipline of the College and are responsible for the spiritual, moral, social, and intellectual welfare of the students. The implementation of the disciplinary process is delegated to the Vice President for Student Affairs and Dean of Students and his or her staff.

Hearing Bodies

There are four types of hearing bodies, which are included in the judicial system:

Administrative Hearing Officer: An Administrative Hearing Officer is a professional staff member in the Office of Student Affairs with appropriate training.
Peer Disciplinary Hearing Panel: A Peer Disciplinary Hearing Panel consists of five or more students and a panel advisor who is a professional staff member in the Office of Student Affairs. A minimum of three students are present at each hearing. The panel advisor is strictly there to advise the panel and will not vote when decisions are made. Students serving on the panel will be selected by a committee of three students recommended by the Student Senate, the Vice-President for Student Affairs and Dean of Students, and two professional staff members in the Office of Student Affairs.
College Judicial Council: The College Judicial Council consists of three or more faculty members (nominated by the faculty Committee on Committees and elected by the faculty), and three or more students (appointed by the Chair of the College Judicial Council upon recommendation from the Student Senate). A minimum of two students and two faculty or staff members are present at each hearing. The Chair of the College Judicial Council is appointed by the faculty Committee on Committees and is one of the three faculty members on the Council. The Vice- President for Student Affairs and Dean of Students is a nonvoting ex-officio member of the College Judicial Council.
Appeals Committee: An Appeals Committee is made up of three faculty members who have been former members of the Judicial Council, preferably chair. The Appeals Committee will hear appeals of a Judicial Council decision. Decisions by the Appeals Committee are conclusive and final.

Types of Judicial Cases

Violations of the College Standards and Policies are considered either minor or major cases based on the nature and severity of the incidents.

Minor Cases involve violation of a College policy which, at the discretion of the Vice President for Student Affairs and Dean of Students or his/her designee, do not justify the imposition of expulsion, suspension, or disciplinary probation. These cases are heard either by an Administrative Hearing Officer or a Peer Disciplinary Hearing Panel. Some examples of minor cases may include but are not limited to: visitation violations; minor alcohol policy violations; violation of residence hall community standards; excessive noise or quiet hour violations; damage to property; violation of fire safety rules and procedures; or petty theft.
Major Cases involve violation of a College standard or policy which, at the discretion of the Vice President for Student Affairs and Dean of Students or his/her designee, justify the imposition of a sanction of expulsion, suspension, or disciplinary probation. The College Judicial Council or an Administrative Hearing Officer hears these cases. Some examples of major cases may include but are not limited to: violation of the College standards; behavior potentially harmful to other people (including assault, harassment, use of fireworks, violation of fire safety rules, etc.); conduct that leads to the embarrassment or indignities to other persons; vandalism to property; possession of firearms; major theft; multiple or repeated violation of College policies or use; major alcohol violations; and possession or sale of illegal substances.

Off-Campus Misconduct

In general, the College does not take disciplinary action for off-campus misconduct when court action is pending or has taken place. However, the College reserves the right to take action in such instances when the misconduct constitutes a violation of the College standards or is of such a serious nature that it suggests a danger to the College community. In such cases, the College may initiate action whether or not legal action has been taken.

On-Campus Misconduct and the Law

Normally, on-campus misconduct by students will result in disciplinary action being taken on campus. On some occasions, however, the College may call on external law enforcement authorities and assist, as appropriate, these agencies in their investigation of alleged on-campus criminal activity. Specifically, actions that cause or threaten serious harm to members of the campus community or that severely impair the essential functions of the College may require the College to call upon off-campus authorities. On such occasions, outside

authorities will be summoned only by an official of the College. Students should recognize that the College is obliged to report to off-campus authorities the commission of any act that is considered to be a serious crime.

Overview of the Judicial Process

An alleged violation of College standards or policies will first be investigated by an appropriate College official. This involves

meeting with individuals involved in the situation and examining the circumstances of the case. The student in question receives a written description of the alleged violation of College standards or policies, evidence regarding the alleged violation, and information regarding the judicial process. The Vice President for Student Affairs and Dean of Students reserves the right to remove a student from the campus or College residence prior to a formal hearing if there are concerns for the student’s emotional or physical welfare or for the wellbeing of the College community. On occasions when such action is necessary, a hearing will be held as soon as possible. Customarily, pending action taken by the College Judicial Council or pending an appeal, the status of a student and his or her right to be present on the campus or attend classes will not be altered.

Advisors

The student in question may seek assistance from an advisor who must be a member of the Hendrix community (faculty, staff, or student) of the student’s choosing. A College Judicial Hearing is an internal disciplinary proceeding; therefore, the advisor may not be an attorney or anyone outside of the Hendrix community. The advisor may assist the student in question in preparation of his or her case, be present during the hearing, assist the student during the hearing, and may address the hearing body at the pleasure of the chair of the hearing body.

Responsible Pleas

If the student in question accepts responsibility in a minor case, an appropriate College official will determine an appropriate sanction for the violation. If the student in question accepts responsibility in a major case, the College Judicial Council will conduct a hearing to determine an appropriate sanction. By pleading responsible, the student in question is waiving his or her right to appeal the merits of theallegation or any procedural matters. However, students may appeal based on severity of sanctions.

Not Responsible Pleas

If the student in question does not accept responsibility, a hearing is scheduled. In minor cases, the student in question has a choice of having the case heard by a Peer Disciplinary Hearing Panel or an Administrative Hearing Officer. In major cases, the College Judicial Council will be convened.

Hearing Procedures

All non-academic discipline hearings shall be informal and strict rules of evidence shall not apply. The student(s) in question shall be notified, in writing, of the alleged charge(s) and of the date, time, and place of the hearing. Every effort will be made to set up a hearing within ten (10) working days after an incident occurs; however, factors – such as holiday breaks, end of academic term, on-going investigation, etc. may prevent the College from meeting this guideline. Notice of the hearing will be mailed or delivered to the student(s) three (3) days prior to the hearing. The student in question and the complainant have the right to:

Be present at the hearing. However, if either or both the student in question and complainant fail to appear at the hearing after being properly notified, the hearing may be held in their absence and a decision rendered accordingly, based on evidence presented.
Present evidence by witness, or by signed written statement if a witness is unable to attend the hearing. It is the responsibility of the student in question and the complainant to notify their witnesses of the date, time, and place of the hearing. If witnesses fail to appear, the hearing may be held in their absence.
Bring an advisor to the hearing. The advisor (who must be a current member of the Hendrix community – faculty, staff, or student) may not participate in examination of witnesses or presentation of materials or information to the hearing officer/board. The advisor’s role is limited to providing advice and consultation to the student who is charged with a policy violation.
Question all witnesses.
Be informed of the disciplinary outcome.

*Disciplinary hearings are closed.

Appeals

The College Judicial Council will hear appeals of decisions from hearings conducted by an administrative hearing officer and the Peer Disciplinary Hearing Board. College Judicial Council cases are appealed to the Appeals Committee. Appeals will be considered based on the hearing transcript, written materials, and a meeting with the student in question.

The body hearing an appeal may take the following action:

Accept the appeal, and affirm the original decision and sanction;
Accept the appeal, affirm the original decision, but lessen the sanction;
Accept the appeal and find the accused not responsible; or
Deny the appeal.

Appeals must be made in writing within seven calendar days after a disciplinary decision is rendered. In minor cases, the student may appeal the severity of the sanction to the College Judicial Council. In major cases, the severity of the sanction may be appealed to an Appeals Committee.

Appeal consideration is based on one or more of the following reasons:

Deprivation of due process;
Inadequate evidence to justify decision; or
Sanction not in keeping with gravity of wrongdoing.

A disciplinary sanction does not go into effect until the appeal is completed, unless stipulated otherwise by the Vice President for Student Affairs. Decisions by the Appeals Committee are conclusive and final.

Offenses Subject to Disciplinary Action

Any student or non-student who violates state, federal, or local laws or ordinances, or any College rules, regulations, or policies while on Hendrix managed property or while representing the College may be subject to College disciplinary action. In addition, students or non-students found in violation of any of the items listed below may be subject to College disciplinary action. (The list below should not be

seen as all-inclusive).

Any form of verbal or physical harassment, including but not limited to threatening, attempting, or committing physical harm to any person.
Disrupting the peace and good order of the College by other things such as fighting, quarreling, inciting to riot or other disruptive behavior.
Destruction or damage or attempted damage to personal or College property, including acts of arson or vandalism.
Theft, attempted theft, or possession of stolen personal or College property, including acts of larceny, burglary, breaking and entering, or robbery.
Forgery, alteration, unauthorized possession, or misuse of College documents, records, or instruments of identification.
Furnishing false information to the College.
Knowingly presenting a worthless check or forging a money order in payment to the College or to a member of the College community acting in an official capacity, or failure to make satisfactory arrangement for the settling of accounts with the College.
Any interference with functions or activities of the College and the educational programs by blocking accesses to or from College facilities.
Violation of visitation or closing hour regulations.
Failure to comply with the directions of College officials during emergencies, such as building evacuation(s).
False reporting of an emergency including, but not limited to, false fire alarms and bomb threats.
Possession, use, or distribution of narcotics, hallucinogens, barbiturates, or amphetamines and other controlled substances defined by Arkansas statutes, except as expressly permitted by law. See Drug Policy for more information.
The display or consumption of alcohol in public areas (academic buildings, dining facilities, gym, playing fields, residence hall lounges, Hendrix College parking lots, etc.) beyond a student’s room or apartment in Hendrix-contracted housing. See Alcohol Policy for more information.
Unauthorized possession, storage, use of weapons, firearms, knives and fireworks. See Firearms and Other Weapons Policy for more information.
Any violation of College rules regarding the operation and/or parking of motor vehicles. See Vehicle/Parking regulations for more information.
Engaging in sexual assault or harassment. See Sexual Offenses and Assault Policy for more information.
Violation of the computer use policy. See Computer Use Policy for more information.
Aiding or abetting any conduct described above.

Range of Judicial Outcomes

The hearing officer or body may impose one or more of the following sanctions for each policy violation.

Expulsion: Permanent dismissal from the College with no possible future readmission to the College. A student who has been expelled is barred from visiting the campus.
Suspension: Mandatory separation from the College for a specified period of time up to two years. An application for re-admission will be considered after the time period of the suspension has elapsed. Readmission is subject to stipulations by the College Judicial Council and approval of College officials. A student who has been suspended is barred from visiting the campus unless written permission is granted by the Vice President for Student Affairs and Dean of Students.
Disciplinary Probation: A sanction serving notice to a student that his or her behavior is in serious violation of College standards and policies. It is assigned for a time period of up to two years. A breach of College standards or policies by a student during the probationary period may result in suspension or expulsion from the College.
Disciplinary Warning: A sanction serving notice to a student that his or her behavior is in violation of College standards and policies. It is assigned for a time period of up to one year. A breach of College standards or policies by a student during the specified time period may result in further action including disciplinary probation, suspension, or expulsion from the College.
Termination or Change in Residency Privileges: A sanction that terminates or changes a student’sresidency. This sanction is usually accompanied byother disciplinary sanctions determined by thehearing body.
Restriction or Revocation of Privileges: Temporary or permanent loss of privileges includingbut not limited to use of a particular facility or service,visitation privileges, and parking privileges.
Fines: Penalty fees payable to the College as determined by the hearing body for violation of certain College policies. This definition does include administrative charges imposed by the College.
Restitution: Payment made for damages or losses to the College or to individuals as directed by the hearing body.
Counseling Intervention: When behavior indicates that counseling may be beneficial, the student may be referred to the College Counselor or other mental health professional.
Other Appropriate Action: Sanctions not specifically described above that must be approved by the Vice President for Student Affairs and Dean of Students.

Disciplinary Records

Notice of disciplinary action may be sent to update parent(s) of students who have been declared dependents on the parents’ last federal income tax return. The final decision to send notification to parents will be made by the Vice President for Student Affairs and Dean of Students. The Office of Student Affairs will maintain records of disciplinary action. The use of these records is governed by the College policy concerning confidentiality of student records. A student’s disciplinary record will be reviewed by a hearing body in the process of

determining sanctions for decisions of guilt. All records of disciplinary action other than disciplinary probation, suspension, or expulsion will remain in the student’s file until graduation. Decisions of suspension and expulsion will remain in the student’s file permanently. Students wishing to have records of disciplinary action or disciplinary probation expunged from their file prior to the specified time period may make a written request to the Vice President for Student Affairs and Dean of Students who, in consultation with the Vice President for Academic Affairs and Dean of the College, will act on the request.