Student Disciplinary Procedures and Hearings

Student Case Resolution Procedures and Meetings

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

Should a student's conduct threaten or constitute a danger to personal safety or property, or interfere with the University's essential tasks, the student may receive an interim suspension. A student may also be subject to interim suspension if, following a warning by a faculty, staff, or administrator of the University to desist, they continue to engage in conduct that violates the University's rules and regulations. In such cases, if necessary and appropriate, steps will be taken to eject the student from the University's premises.

If injunctions or civil authority are required, the President, or in the President's absence, the Provost, and in the absence of the President or the Provost, another designated officer of the University, shall authorize such action after consultation with faculty and student representatives to the maximum extent practicable.

In all cases involving interim action, the following procedure will be observed:

• The University officer taking interim action shall provide notice of the student's conduct and interim action taken to the Dean for Students for the campus at which the student is enrolled, as soon as practicable.
• The Dean for Students shall immediately determine whether the interim suspension shall be continued or modified pending resolution of the matter. Interim suspension may be applied to a student’s enrollment status and/or residence hall status. The Dean for Students may terminate the interim action if the Dean determines at any time that the interim action was taken without sufficient evidence to support it.
• Notice of termination, continuation or modification of the interim action and the substance of the disciplinary charge against the student, if any, shall be sent in writing to the student via university email by the Dean for Students, within ten (10) business days following the occurrence of the event. Notice shall include a request that the student designate which process they wish to utilize to seek resolution pursuant to University's Procedures for a Disciplinary Resolution.
• The alleged respondent shall have ten (10) business days within which to contest in writing the Dean's decision regarding continuation or modification of the interim suspension. If the Dean does not terminate the interim suspension within three (3) business days following their receipt of the alleged respondent's written response regarding the interim suspension and if the matter is not resolved pursuant to an Administrative Resolution attempt, the student shall be entitled to an immediate Informal or Formal Resolution of the charge, as described below. If the alleged respondent fails to respond to the Dean's request regarding the choice of an Informal or Formal Resolution, the Dean may convene a Formal Resolution upon the written notice sent at least ten (10) business days prior to the date of Case Resolution meeting. Such notice shall be sent via University email.

The Dean for Students shall immediately determine whether the summary suspension shall be continued or modified pending resolution of the matter. Summary suspension may be applied to a student’s enrollment status and/or residence hall status. The Dean for Students may terminate the summary action if the Dean determines at any time that the summary action was taken without sufficient evidence to support it.

Notice of termination, continuation or modification of the summary action and the substance of the disciplinary charge against the student, if any, shall be reduced to writing and forwarded to the alleged violator by the Dean for Students personally or by first class and certified mail, return receipt requested, within ten (10) business days following the occurrence of the event. Said notice shall include a request that the alleged violator designate (if the matter is not resolved by an Informal resolution attempt), whether they wish to have the charge resolved by an Informal or Formal Resolution pursuant to University's Procedures for a Case Resolution meeting.

The alleged violator shall have ten (10) business days within which to contest in writing the Dean's decision regarding continuation or modification of the summary suspension. If the Dean does not terminate the summary suspension within three (3) business days following their receipt of the alleged violator's written response regarding the summary suspension and if the matter is not resolved pursuant to an Informal Resolution Attempt, the student shall be entitled upon their demand, to an immediate Informal or Formal Resolution of the charge, as described below. If the alleged violator fails to respond to the Dean's request regarding the choice of an Informal or Formal Resolution meeting, the Dean may convene a Formal Disciplinary Resolution meeting upon the written notice sent at least ten (10) business days prior to the date of the Resolution meeting. Such notice shall either be delivered personally or sent by first class mail and certified mail, return receipt requested.

Acceptance of Responsibility

For all first-time low-level violations of the Guide to Residential Living or Guiding Principles documented by university staff, a student will receive an opportunity to accept responsibility for these violations. This is the only resolution that does not require a meeting with a Case Resolution Facilitator if the student agrees with the violations and subsequent sanctions of the violation. If a student does not agree or take responsibility for the violation(s) of policy, the Case Resolution Facilitator will then schedule an Informal Resolution meeting within 48-72 hours after a student declines responsibility. Low level violations include but are not limited to: Quiet hours, noise violations, guest & occupancy, in the presence of alcohol, health and safety, fire safety (except covered smoke detector), etc.

Administrative Resolution

A good faith attempt will be made to resolve all problems informally, first, by the appropriate department. This may include informal discussions with the alleged violator and faculty members, deans or staff members involved and where appropriate, and with supervisors or administrators at sequentially higher levels. Resolution sanctions applied from administrative resolutions described in this Handbook may not be appealed. If the matter is not resolved through an Administrative Resolution Attempt, the alleged violator shall be requested to designate whether they wish to have the charge determined by an Informal or Formal Resolution pursuant to University's Procedures for a Resolution meeting. Upon such designation, or upon the failure of the alleged violator to designate the type of Resolution which they desire within ten (10) business days following the University's request for same, an Informal or Formal Resolution will be implemented, as described below.

Procedures for a Student Conduct Resolution: The Case Resolution Facilitator

The terms student conduct meeting and “case resolution” are used interchangeably. The Case Resolution Facilitator may be an Assistant Residence Director, Residence Director, Assistant Director, or a Director within Student Affairs, an Associate or Assistant Vice President, and a VP/Dean for Students, or the Associate Director of Community Standards.

Responsibilities of the Case Resolution Facilitator:

• To ensure the procedural guidelines are followed.
• To always maintain proper decorum, the Case Resolution Facilitator reserves the right to remove anyone who disrupts the proceedings.
• The Case Resolution Facilitator, a party and/or the party’s advisor, may ask questions of the witnesses.
• Once the proceedings have begun, the Case Resolution Facilitator shall have no communication with a party or the party’s advisor outside of the meeting except to schedule meetings.

Notice of the Charge(s)

At least two (2) business days prior to the commencement of a meeting, the alleged violator must receive from the complainant a written statement outlining the charge(s).

Informal Resolution

If the alleged respondent elects to proceed by an Informal Resolution, the Case Resolution Facilitator shall, based upon their investigation, determine whether there was a violation of the Guiding Principles of Conduct and/or Guide to Residential Living, and any applicable disciplinary action. Such an investigation may include interviews with the alleged respondent and witnesses, a review of written statements, and the alleged respondent's student file.

Formal Resolution

The Case Resolution Facilitator shall convene an adversarial proceeding (the "Resolution"). Case Resolution meeting is not intended as a trial before a court of law; therefore, adherence to rules of evidence is not required. Questions relating to the competency, relevancy or materiality of evidence and the latitude in the questioning of parties involved shall be based upon the determination of the Case Resolution Facilitator as to what is just, fair, and reasonable under the circumstances.

Procedural Guidelines

• Each party shall be afforded an opportunity to present an opening and closing statement.
• The reporting party and their witnesses shall be heard first.
• The alleged respondent shall be given an opportunity to testify and present evidence and witnesses but shall not be compelled to testify nor shall an inference be drawn from the failure to testify.
• Each party shall have a chance to hear and question adverse witnesses.
• Each party, in addition to their adviser, may have two observers (an observer is essentially the same role as an Advisor, however in a formal meeting an observer can be a non-Pace community (family, friend, parent, etc.) present during a Formal Resolution meeting.
• The Case Resolution Facilitator and each party may ask questions of the witnesses.
• If any party plans to have an attorney present to act as the party’s adviser, the party must notify the Case Resolution Facilitator seventy-two (72) hours in advance of the Case Resolution meeting to allow for University Counsel to be present. If University Counsel cannot attend the prescheduled Resolution, the Case Resolution Facilitator will set another date convenient for all parties.
• The decision by the Case Resolution Facilitator will be based solely upon the evidence presented at the meeting. The alleged respondent's student file shall be deemed part of the record in evidence at the meeting.
• A finding of the Case Resolution Facilitator shall be based on a fair preponderance of credible evidence (more likely than not).
• It is the burden of the complainant to show that it is more likely than not that the alleged respondent committed the violation(s) contained in the charge.
• If the alleged respondent fails to appear at Formal Resolution meeting, the Case Resolution Facilitator may, at their discretion, postpone to another date or, based on the record before the Case Resolution Facilitator, issue a decision as to whether there was a violation(s) as charged and, if so, impose an appropriate sanction(s).
• If the alleged respondent appears, but walks out as a result of free choice, the session will continue in their absence. No negative inference will be made as a result of their departure.
• A recording of the Formal Resolution meeting shall be made at the University's expense. The recording shall be maintained by the Case Resolution Facilitator for a period of seven (7) years following the date of issuance of the finding. A party to the proceeding may obtain a copy of the recording at their request and/or a written transcript at their expense.
• Within five (5) business days, following the conclusion of the Formal Resolution meeting, a written decision will be forwarded to all parties. The decision will be sent to the Dean for Students on the appropriate campus for proper recording.

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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