Student Code of Discipline

I. Overview and Statement of Intent

This code is structured to handle pastorally and informally most complaints of student misbehavior, recognizing the Union's dual mission to educate and minister to its students. The code gives the student choices over how the complaint will be handled with every opportunity to have a disciplinary matter handled in a pastoral, rather than a quasi-judicial, setting. It also provides the formal protection of basic due process, if the student so desires.

After the complaint has been filed and an initial notice given to the accused student, the Director of Student Life will review the complaint for probable cause and determine the likely range of discipline to be imposed. A written notice of the Director's initial finding is then delivered to the accused student, who must at that point, if probable cause has been found, make a choice of one of the following possible resolutions:

Admit the offense and accept the proposed disciplinary sanction;
Choose to contest the facts through an informal hearing;
Choose to contest the proposed discipline through an informal hearing;
Choose to contest both the facts and the proposed discipline through a formal hearing.

To the extent possible, choices 1, 2 and 3 are to be conducted informally with an eye toward an amicable, mutually agreeable, and productive resolution of the matter. Choice 4 involves a formal, open hearing before a special Union panel. Hopefully, the formal proceeding, as the most complex, will be chosen only for the most serious violations where severe disciplinary sanctions are involved.

View a graphic that portrays the movement of a complaint through the structured process. (click to reveal the information; click again to hide)

Process for Resolution of Student Complaint

II. Principles

Each student is expected to maintain a standard of behavior compatible with Roman Catholic ministry. But, where this standard is violated, a student may be subject to discipline up to and including expulsion for behavior that:

Demonstrates a lack of aptitude or personal fitness for Christian ministry;
Violates generally acknowledged canons and standards of professional practice;
Violates generally acknowledged canons and standards of professional ethics for ministry; such as the Code of Ethics of the National Association for Lay Ministry;
Disrupts the educational process including external pastoral ministries that are part of the student's curriculum.

This code applies principally to Union students currently enrolled in a degree, certificate, sabbatical, or other established program as well as anyone enrolled in at least one course for audit or credit. It also applies to individuals and groups engaged in activities on the campus and in school-related activities off the campus including, but not limited to, pastoral ministries, consortium classes, special field trips, etc.

Violations committed by students of other institutions on Union property shall not be subject to this code, but shall be reported expeditiously to the violating student's home institution and to civil authorities, if appropriate.

Nothing in this code is intended to limit the authority of any group, organization, congregation or religious order to discipline its own member who is a student at the Union.

Nothing in this code is intended to alter any action taken in accordance with academic standards and policies governing a student's academic endeavor.

Lastly, nothing in this code is otherwise intended to prohibit or discourage any person from reporting conduct thought to be criminal in nature to civil authorities.

III. Violations

View the comprehensive, but not exhaustive, list of behavior types for which a student may be disciplined under this code. (click to reveal the information; click again to hide)

Listing of Code Violations

Violations of integrity: plagiarism; cheating; providing false records, reports, information including financial to the Union; lying; fraud; misrepresentation; forgery; etc.
Violence to persons: assault; battery; threats of violence; sexual assault or battery; fighting words; possession of weapons on school property or at school events including firearms, explosive devices, etc.
Violations to property: theft; arson; destruction; vandalism; obtaining property by fraud, embezzlement or deception, etc.
Criminal conduct constituting a felony in the jurisdiction it is committed or a misdemeanor involving moral turpitude
Failure to obey the lawful directives of a person in school authority or engaging in behavior that seriously disrupts the educational process
Sexual harassment including, but not limited to, unwanted sexual attention
Discrimination which could be unlawful under applicable law including, but not limited to, discrimination based on race, color, gender, national origin or disability
Conduct detrimental to the reputation and good name of the Union, wherever committed
Unlawful manufacture, possession, use or distribution of drugs or controlled substances
Failure to carry out a disciplinary action imposed under this code; filing or making a false accusation or statement in any disciplinary proceeding under this code; deliberately impeding or interfering with a disciplinary proceeding under this code.

IV. Complaint Process

General

Before any disciplinary action is taken, a student accused of any violation under this code is entitled to:

A written notice of the allegations brought forth;
The intended range of disciplinary actions to be taken;
And an opportunity to be heard on the issues.

But, in exceptional circumstances, a student may be banned from the campus for a period of up to two [2] calendar weeks at the recommendation of the Director of Student Life, pending the holding of a formal hearing.

Intake

Any complaint against a student shall be filed in writing by the complainant as soon as possible with the Director of Student Life. A complaint filed under this code will only be accepted for investigation and hearing action, if it is filed within thirty [30] days of the event at issue, unless the complaint contains specific and credible allegations that the complainant has been unable to or forcibly prevented or intimidated from filing the complaint in a timely fashion. Unless explicitly stated within this code, nothing herein shall imply that a complainant has any special right to prosecute a complaint in any of the proceedings involving the particular complaint filed under this code.

When the complaint against the student is received, the Director of Student Life shall:

Notify the accused in writing of the general terms of the complaint that has been filed; and cause an investigation to be made of the complaint filed;
Determine, after this investigation is made and results are received, if there is probable cause that a violation was committed for which the student may be disciplined, and then notify the student in writing of the specific allegations and of the intended discipline or range of disciplines that could be imposed upon the student in the event the allegations are proven to be true.

In addition, for an accused student who is ecclesiastically sponsored (e.g. seminarians, religious or clergy) and who has supplied a written release, the Director of Student Life shall also notify the student's sponsor of the existence of the complaint and the alleged offense.

If the Director of Student Life finds no probable cause to proceed, then the Director shall notify in writing both the accused student and the complaining party of the determination.

Within five [5] days after the accused student receives written notification of the allegations and possible discipline, the accused student must provide the Director of Student Life with a written response that states which of the four [4] following courses of action the student chooses:

Admit the charges and accepts the proposed course of disciplinary action;
Request an informal proceeding concerning the charges;
Request an informal proceeding concerning the proposed discipline;
Request a formal proceeding concerning both the charges and the proposed course of disciplinary action.

If the accused student fails to provide the required written response within the required five [5] days, then the accused student by default admits to the offense and accepts the proposed disciplinary action stated in the notice of charges by the Director of Student Life.

Informal Hearing. If the accused student chooses an informal hearing with regard to the allegations or the proposed disciplinary action, the informal hearing shall take place within fourteen [14] days after the student's written response has been received. If the student has been banned from the campus pending a hearing, the hearing shall be held within the same time period contained in the written decision authorizing such a ban, unless the student waives in writing the right to a prompt hearing.

View the procedures governing the informal hearing. (click to reveal the information; click again to hide)

Procedures for an Informal Hearing

An informal hearing shall be conducted, to the extent possible, with only the following persons present:

The student accused;
The Director of Student Life;
The witness[es] called either by the accused student or by the Director of Student Life;
The complaining party, only in cases involving sexual allegations, may elect to be present during the hearing and to be heard in final argument.

A verbatim written record will not be made of the hearing, but the accused or any witness may tape record their own testimony.

The accused student has the right to make a final argument at the conclusion of the hearing.

For hearings concerning the substance of the allegation, the Director of Student Life shall, upon conclusion:

Issue a written finding and impose the discipline in accordance with Section V as set forth in the original notice to the accused student, if the preponderance of evidence substantiates the complaint filed; or
Dismiss the complaint, if not substantiated.

For hearings concerning the appropriateness of discipline, the Director of Student Life shall, upon conclusion, evaluate and impose an appropriate disciplinary action in accordance with Section V.

The Director of Student Life shall consider all the competent evidence, make a decision within three [3] school days of the hearing, prepare a written record of the decision and issue a written decision to the appropriate parties.

Formal Hearing. If the accused student chooses a formal hearing with regard to the allegations and the appropriateness of the proposed disciplinary action, a formal hearing shall be held within thirty [30] days after the student's written response has been received. If, however, the student has been banned from the campus pending a hearing, then the hearing shall be held within the same time period contained in the written decision authorizing the ban, unless the student waives in writing the right to a prompt hearing. In no event shall a formal hearing be held later than ninety [90] days after the student's written statement choosing the formal hearing.

View the procedures governing the formal hearing. (click to reveal the information; click again to hide)

Procedures for Formal Hearings

Formal hearings shall take place in a public space at the Union and shall be presided over by a three person panel composed of:

A member of the Union community designated by the President of the Student Senate;
A member of the Union community designated the President of the Faculty Senate;
A member of the Union community selected by agreement of the above two designees with due regard for racial, ethnic and gender diversity of the entire Union community. The Union community is defined for this purpose as students, faculty, trustees, administrators, staff and other employees of the Washington Theological Union;
As designated, this panel will select one of its members to chair the hearing;
None of the three members selected shall be required to serve against their will.

The hearing may be recorded either by tape or stenography.

The Director of Student Life shall present the case against the student. The student may be represented at the hearing by one person of his/her choosing. In cases involving allegations of a sexual nature, the complaining party has a right to be present throughout the hearing, to be also represented by one person of his/her choosing and to heard in final argument, if desired.

The hearing shall be conducted under the general practices and procedures governing civil trials. The standard of proof shall be a preponderance of evidence. The rules of evidence generally used in civil or criminal cases need not be strictly followed, but incompetent and hearsay evidence shall be excluded. Negative inferences may be drawn, if a witness or the accused student refuses to testify. The hearing panel may restrict the number of witnesses to testify within reasonable limits to avoid excessively repetitive testimony.

If the allegations are not proven, the complaint shall be dismissed. If the allegations are proven to the satisfaction of a majority of the panel, this panel shall then hold a second public hearing on the issue of appropriateness of the discipline. When the necessary hearing or hearings are concluded, in either decision [dismissal or proven complaint and discipline], the report shall be prepared summarizing the findings and the action to be taken and submitted within seven [7] class days of hearing completion to the Director of Student Life. The Director shall notify the appropriate parties of disciplinary action affirmed in accordance with Section V.

V. Concurrence in Disciplinary Actions

A disciplinary action recommended under the provisions of this code will be done in consultation with the Academic Dean except for recommendations of suspension, banning or expulsion which will be done in consultation with the President. Such consultation will be concluded within two [2] weeks after the allegations have been adjudicated under the alternative methods provided in this code. The final disposition will then be communicated in writing to the accused student within seven [7] days.

VI. Records of Disciplinary Actions

Dismissal of Complaint. If the complaint is dismissed under any of the adjudication procedures, the official record of the disposition will be retained only in the office files of the Director of Student Life. No record will be placed in the student's official school file held by the Registrar.

Records of Proceedings. The official record of information resulting from the adjudication procedures will be retained only in the official disciplinary files maintained in the office of the Director of Student Life. No copy will be placed in the student's official school file.

Records of Disciplinary Action. A copy of the decision regarding disciplinary action imposed on the student will be placed and retained in a special student's file maintained in the office of the Director of Student Life.

Records Access. No person shall have access to the disciplinary files held in the office of the Director of Student Life without the express approval of both the Director of Student Life and the Academic Dean. However, a student is entitled to see his or her own disciplinary record during normal office hours upon request to and in the presence of the Director of Student Life.

Expungement

Upon graduation or withdrawal from the school, a student may request in writing to the Director of Student Life that the individual file containing record[s] of disciplinary action[s] against the requesting student may be removed and disposed. The Director of Student Life has complete discretion to approve or disapprove the request and shall notify the student of the decision within seven [7] days after receiving the request.

Such action applies only to the student's individual disciplinary file and not to the central disciplinary records retained by the Director of Student Life for official purposes.