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Rights of the Accused
If the need for a hearing arises, accused students have the right:
- To have it within a reasonable period of time after a charge is filed.
- To have notice of time and place of the hearing and of specific charges.
- To appear in person and present information on their own behalf, to call witnesses, and to ask questions of anyone present at the hearing. In determining responsibility for the alleged violation, the College will permit witnesses of fact but not character.
- To elect not to attend a hearing. In such cases, the hearing shall be conducted solely on the basis of the evidence available.
- To refuse to answer or make a statement. However, decisions will be based on the evidence available.
- To have at the hearing a member of the faculty, administration, or student body who may provide support but not participate in the hearing. Individuals other than those listed above, including but not limited to family members and attorneys, will not be admitted.
- To receive written documentation of the outcome of a hearing and any sanctions imposed.
- To request an appeal of the outcome of a hearing.
Rights of the Accuser
In a case involving one student bringing charges against another, the complainant also is afforded certain rights:
- To be treated with dignity and seriousness.
- To be reasonably free of intimidation that may occur because of a case.
- In a case of sexual assault, to be informed of the status and outcome of the case.
- To have at the hearing a member of the faculty, administration, or student body who may provide support but not participate in the hearing. Individuals other than those listed above, including but not limited to family members and attorneys, will not be admitted.
- To receive or be referred to appropriate support services.
Charges and Hearings
Any member of the Moravian College community may file charges against any student for misconduct. Charges shall be prepared in writing and forwarded to the vice president for student affairs, the Seminary Dean, or designee. Any charge should be submitted as soon as possible after the event occurs.
The vice president for student affairs, the Seminary Dean, or designee shall determine the appropriate judicial body for hearing the case. The hearing process shall include:
- Written or other appropriate notice of the hearing for the accused student.
- Notice of the charges.
- Opportunity for the person charged to defend against the charges and to present witnesses having direct testimony concerning the charges.
- Opportunity to be accompanied by a faculty, administrative, or student member of the College community who may support the accused student or accuser but not to participate in the hearing.
- A recorded version of the proceedings, if deemed appropriate.
Deliberations and Decisions
A finding of responsibility for a violation must be supported by the majority of the members of a disciplinary panel or by the sole member of an administrative hearing. The criterion of "preponderance of the evidence" shall be used to determine responsibility when it suggests that the alleged violation was more likely to have occurred than not.
Upon reaching a verdict of responsibility, a judicial body shall determine the sanction.
Students will receive written notification of any decision and the sanction to be imposed. Copies of disciplinary letters are placed in the student's file. For students in the undergraduate day program; at the discretion of the judicial body's recommendation, these may be sent to parents. In general, parents will receive a copy of the notification letter in cases of suspension or expulsion, in cases where removal from the halls, suspension, or expulsion are probable outcomes of a subsequent case, or where restitution for significant damage is mandated. It is assumed that students are the dependents of their parents and that such information may be released to them.
For students in the undergraduate day program, it is the responsibility of students to demonstrate their independent status if they wish to forestall the possibility of parental notification. In accordance with the Higher Education Act and in an effort to build partnerships with parents, most decisions assigning responsibility for alcohol and drug violations will be sent to parents.
Sanctions
The following information suggest the range of official action that may be imposed for violation of College regulations or expectations. One or more sanctions may be imposed in any given case. A statement concerning suggested minimum sanctions for specific violations has been prepared by the College and is updated periodically. This document is included elsewhere in this handbook.
It should be noted that the College refund policy directs that when a student has been suspended or expelled from the College for disciplinary reasons, refunds are not available except for a pro-rated board refund. Further, if disciplinary action results in the loss of any College or College-contracted service for the student, no refund except pro-rated board is available, unless required by federal, state, or other regulations.
Here are the definitions of terms used in the following page:
- Warning: a notice in writing that a regulation has been violated.
- Probation: a written reprimand for violation of specified regulations. Probation is for a designated time period and includes the probability of more severe sanctions for any future violation. Probation may remove the privilege of representing the College in areas such as, but not limited to, extracurricular activities, offices in student organizations or institutional committees, and varsity and/or intramural athletics.
- Loss of privileges: denial of specified privileges for a designated period of time.
- Loss of housing points: reduction in the number of points used to determine seniority in housing selection.
- Fines: monetary payments, imposed at the discretion of the hearing officer or body.
- Restitution: compensation for loss, damage, or injury, in the form of appropriate service, monetary or material replacement, or both.
- Discretionary sanctions: work assignments, service to the College, or related assignments.
- Therapeutic intervention: counseling or other assistance required for the well-being of the student. Such action is governed by principles of informed consent and out of respect for the constraints of confidentiality.
- Residence-hall suspension: prohibition of the student from residence-hall occupation for a specified period of time.
- Residence-hall expulsion: permanent separation of the student from the residence halls.
- College suspension: separation of the student from the College for a specified period of time. Notification of suspension will be maintained on the student's transcript during the period of suspension. The student will not be allowed to participate in College-sponsored activity and will be barred from all College-owned property.
- College expulsion: permanent separation of the student from the College. Notice of expulsion shall appear on the student's transcript. The student will not be allowed to participate in any College-sponsored activity and will be barred from all College-owned property.
- Loss of recognition: for organizations.
Serious Misdeeds and Possible Suspension from Residence
The following violations threaten the safety and well-being of the members of a residential community. Please note that this list is not all-inclusive. Students are advised that commission of one of these acts may result in suspension from residence:
- Sale or possession of drugs
- Tampering with fire-safety equipment
- Tampering with residence-hall security measures
- Vandalism
- Violence or assault
- Arson or possession of firearms
- Lewd or indecent behavior
Interim Suspension
In certain circumstances, the vice president for student affairs, the Seminary Dean, or designee may impose a College or a residence-hall suspension prior to the final disposition of the case. Interim suspension may be imposed to ensure the safety and wellbeing of the members of the College community and to preserve the safety of College property; to ensure the student's own physical or emotional safety and well-being; or to ensure normal operation of the College if the student poses a threat of disruption.
Appeals
The student and the College have the right to request an appeal of a hearing decision. Students wishing to appeal must make their request in writing.
Appeals must be received by the vice president for student affairs or the Seminary Dean within five class days of receipt of the original hearing verdict.
At the Seminary, appeals of disciplinary decisions must be made in writing to the President of the College within two weeks of the decision. Appeals shall be limited to a review of the record of the hearing and its supporting documents for one or more of the following purposes:
- To determine whether the original hearing was fair in process.
- To determine if a decision was made contrary to the evidence presented.
- To evaluate the appropriateness of the sanction.
- To consider new evidence that may alter the outcome of the case.
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