Student Disciplinary Procedures and Hearings

Student Resolution Options and Procedures

Students who are subject to the University’s disciplinary procedure because of an alleged violation of the Guiding Principles of Conduct or other practice or policy of the University may elect to resolve the charges by an Acceptance of Responsibility, Administrative, Informal, or a Formal Resolution. If the Administrative Resolution does not result in an agreement of the charges for which the student accepts responsibility and the sanction to be imposed, the student may elect to have the disciplinary charges resolved through an Informal or Formal Resolution.

Terms and Procedures for Case Resolution

Interim Action Policy

The University may impose interim action, including interim suspension, when a student’s conduct threatens personal safety or property, or interferes with the essential operations of the University. This action may also be taken if a student, after being warned by University faculty, staff, or administrators, continues to violate University rules and regulations. If necessary, the University may take steps to remove the student from its premises and involve civil authorities if required. Interim actions will follow the procedures outlined below:

Conditions for Interim Action

Interim suspension may be imposed to address:

• Threats or danger to personal safety
• Physical Violence or Cause Injury
• Damage to property
• Interference with University operations
• Continued violation of rules despite warnings

Authorization of Interim Action

Interim actions are authorized by the Vice President for Student Affairs and Dean for Students. In the Vice President’s absence, the Associate/Assistant Vice President or another designated officer may authorize such actions, following consultation with appropriate staff.

Notification Process

1. Immediate Notification
   • The University officer initiating the interim action must notify the Dean for Students for the respective campus as soon as practicable.
2. Written Notice to the Student
   • Within 10 business days of the incident, the Dean for Students must send the student written notice via University email. The notice will include:
     • Details of the interim action (termination, continuation, or modification).
     • The substance of the disciplinary charge, if applicable.
     • A request for the student to indicate their preferred resolution process (Informal or Formal Resolution).

Review and Contestation of Interim Action

1. Review by the Dean
   • The Dean for Students will determine whether the interim suspension will continue, be modified, or terminated.
   • Interim suspension may affect a student’s enrollment and/or residence hall status.
2. Student Contestation
   • The student has 72 hours or 3 business days to contest the interim suspension in writing.
   • If the Dean does not terminate the interim suspension within 3 business days of receiving the student’s written response, the matter will proceed to resolution.

Resolution Procedures

1. Informal or Formal Resolution
   • The student may choose either an Informal or Formal Resolution process, as outlined in the University’s Procedures for Disciplinary Resolution.
2. Failure to Respond
   • If the student fails to respond to the Dean’s notice within the specified timeline, the Dean may schedule a Formal Resolution meeting.
   • Written notice of the Formal Resolution meeting will be sent to the student at least 10 business days before the meeting date. This notice will be delivered via university email.
3. Continuation of Interim Suspension
   • Interim suspension remains in effect until the resolution process is completed or the Dean determines it is no longer supported by sufficient evidence.

Delivery of Notices

All notices to the student will be delivered via University email. If necessary, notices may also be sent via certified mail to ensure delivery and documentation.

This policy ensures that interim actions are applied judiciously and with procedural fairness, safeguarding the rights of the student while maintaining the safety and integrity of the University community.

Types of Resolutions

The university offers multiple pathways to resolve disciplinary issues, with varying levels of formality and negotiation. If a student does not agree to the outcome of the initial administrative process, they have the chance to pursue other options for resolving the charges. The Office of Community Standards reserves the right to have a case designated as an informal or formal resolution if separation from the residence halls or the university is a potential sanction for a student.

Administrative Resolution

For first time/low-level offenses, students will be offered to resolve their case through an administrative resolution option. The Case Resolution Facilitator (CRF) and the student attempt to reach an agreement about the violation/charges and the appropriate sanction(s) if applicable. This is done by the CRF sending a letter to the student’s email address with a finding of responsible or not responsible with appropriate sanctions if applicable. If the student agrees with the findings, then the case is closed. Administrative resolution outcomes are not eligible for appeal once agreed upon.

If an Agreement is Not Reached

If the Administrative Resolution does not result in an agreement about both the violation and the sanction, the student has the option to proceed with either an Informal Resolution or a Formal Resolution. This provides a path for the student to dispute or negotiate the charges further.

o Informal Resolution: This is a less formal process where the student and a CRF meet 1 on 1 to resolve the issue outside of a formal hearing. The student can provide their perspective and the CRF may have questions. Decisions may be appealed.

o Formal Resolution: A more structured process, involving a hearing, where a formal decision is made regarding the violation and the consequences. This may include two CRF’s being present as decision makers. Both respondent and complainant participate and may cross examine each other.

Informal Resolution

1. Role of the Case Resolution Facilitator
   • The Case Resolution Facilitator (CRF) is the individual responsible for overseeing the Informal Resolution process.
   • Their main task is to investigate the alleged violation of the university’s Guiding Principles of Conduct and/or Guide to Residential Living.
2. Meeting with the Case Resolution Facilitator
   • The student will meet with a conduct administrator (an individual responsible for overseeing disciplinary matters) to discuss the situation surrounding the alleged violation
3. Investigation Process
   • To conduct the investigation, the Case Resolution Facilitator may gather evidence and information through:
     • Interviews with the alleged respondent (the student accused of the violation) and witnesses who may have relevant information about the case.
     • A review of written statements provided by the respondent, witnesses, or others involved.
     • An examination of the alleged respondent's student file, which could include previous disciplinary records or academic history, if applicable.
4. Determination of Violation and Sanction
   • After gathering and reviewing the relevant information, the Case Resolution Facilitator will decide if a violation of university policies occurred.
   • They will also determine what, if any, disciplinary action is necessary based on their findings.

In short, the Informal Resolution involves a fact-finding process led by the Case Resolution Facilitator, who investigates the situation, evaluates whether a violation occurred, and decides what disciplinary measures, if any, should be applied.

Formal Resolution

1. Adversarial Nature of the Resolution
   • The Resolution is not a formal trial, so it does not adhere to strict legal rules of evidence.
   • The Case Resolution Facilitator has the discretion to determine what is just, fair, and reasonable regarding the relevance and materiality of evidence and how questioning is conducted.
2. Procedural Guidelines
   • Opening and Closing Statements: Each party involved (the complainant and the alleged respondent) will have an opportunity to present an opening and closing statement.
   • Order of Testimony:
     • The reporting party and their witnesses will present their case first.
     • The alleged respondent will have the chance to testify and present evidence, but they are not compelled to testify, and no negative inference will be made if they choose not to testify.
   • Questioning of Witnesses: Each party can ask questions of adverse witnesses (witnesses presented by the other party).
3. Observers and Advisers
   • Observers: Each party may have two observers (in addition to their adviser). Observers can be non-university members (family, friends, parents, etc.).
   • Advisers: If any party plans to have an attorney as their adviser, they must notify the Case Resolution Facilitator 72 hours (about 3 days) in advance, allowing for the presence of University Counsel.
4. Evidence and Decision-Making
   • The decision will be based solely on the evidence presented during the Formal Resolution meeting, including the alleged respondent's student file.
   • The Case Resolution Facilitator will make a decision based on the preponderance of credible evidence, meaning the decision is made based on what is "more likely than not."
   • The complainant carries the burden of proof, meaning they must show it is more likely than not that the alleged respondent committed the violation.
5. Non-appearance or Departure of the Alleged Respondent
   • If the alleged respondent fails to appear at the meeting, the Case Resolution Facilitator may either postpone the meeting or proceed with a decision based on the available record.
   • If the alleged respondent walks out during the meeting voluntarily, the session will continue, and no negative inference will be drawn from their departure."
6. Recording and Documentation
   • A recording of the meeting will be made at the university's expense and maintained for seven years. Parties involved can request a copy of the recording or a transcript at their own expense.
   • Written Decision: The written decision will be forwarded to all parties within five business days after the conclusion of the meeting, and it will be recorded with the Dean for Students at the appropriate campus.

The Formal Resolution provides a structured process where both parties present their case, the Case Resolution Facilitator oversees questioning and evidence, and the decision is made based on a fair preponderance of evidence. There are specific provisions regarding observers, advisers, evidence handling, and the appearance or non-appearance of the alleged respondent. The process is recorded and documented, and decisions are issued within five business days.

Non-Admission Resolution

This option provides an alternative for students facing both university disciplinary charges and related criminal charges.

1. Eligibility and Purpose
   • The Non-Admission Resolution option is available to students who are facing both university disciplinary charges (for violating the university’s rules) and criminal charges (related to the same incident).
   • This option allows the student to negotiate the charges and the sanctions without admitting or denying the charges. The student can work out a resolution for the disciplinary matter without formally taking responsibility for the alleged misconduct.
2. Resolution Process
   • In this process, the student can negotiate the charges they are willing to accept and the sanctions to be imposed, but without admission of responsibility for the charges.
   • Even though the student does not admit guilt, the university will treat them as if they had accepted responsibility for the charges in any future disciplinary proceedings.
3. No Appeal
   • The decision made through the Non-Admission Resolution process cannot be appealed. This is an important distinction, as it limits the student’s ability to challenge the outcome once the resolution is agreed upon.
4. If Negotiation Fails
   • If the student and the hearing officer (the individual overseeing the process) cannot agree on the charges or sanctions, they can resolve the disciplinary matter through an Informal Resolution or a Formal Hearing.
5. University’s Discretion
   • The university has the sole discretion to deny a student’s request to use the Non-Admission Resolution option. This means that the university can choose not to allow the student to proceed with this option if they determine it is not appropriate.

The Non-Admission Resolution provides students facing both university and criminal charges an option to resolve their disciplinary matter without admitting guilt. The student negotiates the charges and sanctions, but this process cannot be appealed. If an agreement isn't reached, the student can choose other forms of resolution, such as an Informal or Formal Hearing. The university also has the discretion to deny this option.

Advisors in Case Resolution Meetings

Advisors who attend case resolution meetings must adhere to the following guidelines:

1. Pre-Meeting Contact
   • Advisors must contact the Case Resolution Facilitator at least 48-hours prior to the scheduled meeting to discuss their role and ensure they understand the meeting protocols.
2. Participation Limitations
   • Advisors may not disrupt the proceedings in any way, and are not allowed to speak during the meeting at any time.
   • If an Advisor wishes to speak privately with the student they are advising, they must wait until the Case Resolution Facilitator or other participants have finished speaking. The Advisor should then request permission from the Case Resolution Facilitator to briefly address the student privately (via break out rooms in Zoom or a private area) before the meeting continues.
   • The reporting party and their witnesses will present their case first.
   • The alleged respondent will have the chance to testify and present evidence, but they are not compelled to testify, and no negative inference will be made if they choose not to testify.
   • Questioning of Witnesses: Each party can ask questions of adverse witnesses (witnesses presented by the other party).
   • Observers in Formal Hearings are only allowed to observe and may not interrupt at any time during the meeting.
3. Disruptions and Consequences
   • Advisors must not disrupt the proceedings. Disruptive behavior includes, but is not limited to:
     • Speaking over the Case Resolution Facilitator.
     • Engaging in argumentative or combative verbal exchanges with the Case Resolution Facilitator.
     • Making statements or outbursts impedes the flow of the meeting.
   • If the Advisor disrupts the meeting, the Case Resolution Facilitator may ask them to leave, and the meeting will proceed without the Advisor present.

Resolution Sanctions

If the Case Resolution Facilitator determines that the student has committed a violation(s), a sanction will be imposed. The sanctions that may be imposed include (but are not limited to) the following:

• Admonition: A verbal warning that a student's conduct is improper or violates University rules or regulations coupled with a direction to cease and desist.
• Reprimand: A formal written notice that the student has engaged in improper conduct and a warning that subsequent violations may result in more severe disciplinary action.
• Restitution: Restitution may include payment to an individual or to the University to cover the cost of damage, destruction, defacement, theft, or unauthorized use of property. Students found responsible through the student conduct process will have all restitution payments added to their University Student Account.
• Fine: A monetary amount assessed as a penalty for improper conduct or violation of University rules and regulations. Fines for specific violations are enumerated in University publications (i.e., Catalog, Student Handbook, Guide to Residential Living).
• Educational Sanction: Community restitution or required participation in a project or activity, either within or outside the University, during a period and in a manner consistent with the nature and severity of the violation(s) as determined by the Case Resolution Facilitator in consultation with appropriate university personnel.
• Restriction or Revocation of Privileges: Alteration, limitation or revocation of certain privileges associated with membership or participation in the University community for a specified or indefinite period of time. Examples of such privileges include but are not limited to: entering University property or facilities; use of or participation in programs, activities, events and services on or off campus; membership, election to or holding office in a club, organization or society; representing the University on a committee or in a program or activity; operation or parking of a motor vehicle on University premises; visitation by guests; participation in recreational, intramural or varsity athletic programs; use of University technology resources.
• Probation: Specified or indefinite period during which infraction-free conduct must be maintained coupled with a warning that subsequent improper conduct or violation of University rules or regulations may result in more severe disciplinary action including separation from residence and/or the University. [May include restriction and/or revocation of privileges as described above as well as winter/summer housing and room selection].
• Suspension: A suspended student will be temporarily deprived of all rights and privileges normally afforded to an enrolled student. Separation from a residence hall, class, or classes and/or University facilities or premises and revocation of rights and privileges is for a specified period between one day and a full academic year. Conditions may be placed on the student's return. In the case of Suspension from the University the sanction may be recorded in the student’s academic record. A student may be suspended from residence and not from the University.
• Dismissal: A dismissed student will be separated from residence or from the University community for a period of no less than one full academic year. A student may be dismissed from residence and not from the University. In the case of Dismissal from the University, the sanction may be recorded in the student's academic record. Conditions may be applied, and reinstatement of residence or as an enrolled student must be in the form of a petition, in writing to the Dean for Students.
• Expulsion: The most severe form of disciplinary action. An expelled student may not return to residence and/or the University. The student is permanently separated and loses all rights and privileges associated with membership in the University community. In the case of Expulsion, the sanction may be recorded in the student's academic record. The decision to expel a student may be made only by the Director of Residential Life or higher authority in the case of expulsion from residence, or the Dean for Students or higher authority in the case of expulsion from the University.

Sanctioning Point System

The points system was developed to make the student conduct sanctioning process clearer, more consistent, and more predictable for students.

Under the points system, a student found responsible for violating University policy is assigned points according to the table of violations provided. Points and/or other sanctions are assigned at the case resolution meeting’s process' end. The points are cumulative over a calendar year. Previous violations are always considered before points and/or sanctions are assigned for violations.

Evidence shows the irresponsible use of alcohol (by students underage and students drinking hard liquor) increases the risk of harm to themselves and others. Therefore, more severe sanctions will be imposed upon any student found to have distributed alcohol or consumed it in excess as well as on students that consumed or distribute illegal drugs or medication that are not prescribed.

The chart below shows examples of violations and the associated point values. Points are assigned within a given range based upon the circumstances of the specific incident. This list is not inclusive of all violations. All sanctions are subject to the discretion of the Case Resolution Facilitator (CRF).

Points System Assessment

Factors that may be considered when determining a resolution sanction(s):
Nature, scope, and severity of violation(s)

• Impact on the individual(s) involved and/or on the residence or University community
• Aggravated, intentional, repeated, or multiple violation(s)
• Disciplinary and civic history
• Acknowledgement of accountability / responsibility for improper conduct
• Remorse, cooperation

When a student is separated from the University for disciplinary or academic reasons or violation of the Academic Integrity code, prior to the end of a semester, or officially withdraws from any course or courses, regardless of the method of instruction, by filing a written notice at the Student Accounts office by accessing Pace University’s Voice Response System, or withdraws using the Student Accounts website, cancellation of tuition, student activity and special course fees only will be made. Please note: Application, general institution, and installment fees are non-refundable. Housing and meal plan fees are governed by the Housing Agreement. Cancellations will be made according to the Tuition Cancellation Policy Schedule shown in the respective term Class Schedule Booklet.

The University is under no obligation to delay or forego its disciplinary process or the imposition of any disciplinary sanction pending the investigation or proceedings involving criminal charges or a civil action.

Disciplinary sanctions which do not restrict or revoke a student's rights or privileges or otherwise affect the student's status as enrolled; or sanctions applied as a result of informal resolution as described in the Student Handbook may not be appealed.

Nothing in the preceding guidelines should be construed as limiting or preventing in any way, the right or authority of other officials of the University to take necessary and appropriate action, which affect students consistent with the officials’ stated, published, or implied role or responsibility.

Furthermore, a Dean for Students may take disciplinary action in cases where they observe a student violating rules or regulations, or the terms of a previously applied disciplinary sanction, without following the disciplinary procedures described in the Student Handbook. If a staff member reports to the Dean that they observed a student violating a previously applied sanction, the Dean may impose additional sanctions without following the disciplinary procedures in
the Student Handbook.

In the case of single, multiple, or repeated violations the Case Resolution Facilitator may apply one or more sanctions of varying severity up to and including the level of their designated authority.

A resolution sanction may be instituted immediately or put in abeyance pending appeal.

Process for Appeal of a Resolution Action

A student, who is found responsible of violating a University regulation and subsequently disciplined, may request an appeal through the Student Conduct Online system Guardian. Instructions for the appeal process are listed within the decision letter via email from the Case Resolution Facilitator. Appeals will only be accepted through the Guardian system within five (5) regularly scheduled class days following the date the student receives notification of the Case Resolution Facilitator’s decision.

There are 5 grounds upon which a student may appeal a decision as a result of a disciplinary resolution:

• The original meeting was not conducted in conformity with applicable procedures.
• The record before the Case Resolution Facilitator did not establish that it was more likely than not that the student committed the violation(s).
• The sanctions imposed were not appropriate for the violation(s), which the student was found to have committed.
• New Information, not known previously to the student, is sufficient to require that the decision and/or sanction be modified or vacated.
• Resolution sanctions applied as a result of informal resolution as described in this Handbook may not be appealed.

The officer considering the appeal reserves the right to modify the decision of the Case Resolution Facilitator. As soon as practicable, the decision on appeal will be made and a new decision letter will be emailed to the student.

Releasing Resolution Information

Details relating to the resolution proceeding, the decision and the names of the individuals involved will not be made available except as required for internal University purposes or as required by law, or when charges are made, or proceedings instituted by or against the University or any member of the University community in courts or governmental agencies. The University shall notify both the accuser and the accused of the outcome (final determination with respect to the alleged sex offense and any sanction that is imposed) of any campus resolution proceeding brought alleging a sex offense.

Time Limits

An alleged violator who elects to have a charge resolved by an Informal Resolution may waive the two (2) business day advance Notice of Charge requirement. All other time limits contained in the foregoing Resolution Procedure may be extended by mutual written consent of the complainant and the alleged violator, or by the Case Resolution Facilitator or the decision maker(s) considering an appeal.

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