Student Conduct Process

Student Conduct Administration Overview

Being a member of the Mount Aloysius student body is a privilege and not a right. As in every community, there are rules and regulations that must be upheld. Respect for the rights and property of others and respect for all individuals is everyone’s responsibility. Only in such a community of responsible persons can an atmosphere be established that supports living and learning in a productive and mutually supportive way. Any student who fails to support the mission and objectives of the Mount Aloysius community forfeits their right to continued membership in it. The College reserves the right to dismiss any student whose conduct is detrimental to or in conflict with the philosophy and objectives of Mount Aloysius.

Reporting an Incident

Any person may report an alleged violation of College rules, regulations, or policies to a member of the Residence Life Staff, the Vice President for Student Affairs, or the Campus Safety Department. The incident is documented on an Incident Reporting Form which should include all of the following information:

• Date, time and location of incident

• Nature of incident

• Individual(s) involved

• Witnesses

• Description of incident

• Immediate action taken

• Signature of person filing the report and the date

Standard of Proof

The standard in all hearings is a “preponderance of evidence.” A preponderance of the evidence exists when a reasonable person, after a careful balancing of available information, would conclude a violation has occurred and the student/organization charged is responsible for the violation. 

Hearing Process

The Conduct Officer, or their representative, conducts a hearing with each student who is allegedly involved in a violation of College rules, regulations or policies. The hearing procedures follow:

• The student will receive written notice that their name is mentioned on an incident report for an alleged violation.

• The student is offered a hearing meeting to discuss and review the incident report.

• The specific violations are summarized and presented to the student and the student is given the opportunity to discuss their involvement in the violation.

• The hearing officer will consider all facts presented and determine the outcome(s) for each student involved in the violation(s). If a student does not agree to the sanction(s) imposed, an appeal may be requested. In such a case, the conduct hearing board will be convened to hear the appeal and review the situation and outcome(s). An appeal board may choose to leave the sanction as is, edit the sanction in part, or edit the sanction in full.  

• In situations where allegations are significant in nature, at the discretion of the Vice President for Student Affairs, the case may be heard by the Conduct Board from the beginning, rather than by the Conduct Officer.

A conduct hearing is an internal review of possible violation(s) of College rules and regulations. The purpose is to determine, based upon the preponderance of evidence, if violations have occurred and to assign sanctions which have as their purpose an educational and reconciliatory function. If, in the judgment of the Conduct Officer or Conduct Board, a student (because of multiple or serious violations, uncooperative attitude, etc.) is not upholding the philosophy and objectives of the College, the student may be dismissed from Mount Aloysius.

Failure to Comply with Hearing Meeting

Should the student choose not to meet with the Conduct Officer or their designee, the student, if found responsible for a violation, will be sanctioned accordingly. The appeal process is still applicable.

Conduct Board Procedure

The Conduct Officer, or their designee, schedules a pre-board review to meet with the Conduct Board to explain the alleged violation and presents a verbal synopsis of the charges.

The student has a maximum of two school days from presentation of charges to submit in writing the names of any witnesses (subject to the Conduct Officer or their designee Officer’s determination of relevance to their case) and prepare a case. One character witness from the College community may address the Board. It is the student’s responsibility to notify all approved witnesses as to date, time and location of hearing.

A student accused of any violation may be accompanied in their hearing by a Mount Aloysius faculty member, administrator, or student whose role will be advisory in nature. This person is not permitted to address the board or act as a representative for the charged student. 

Parents, advisers or legal counsel from outside the Mount Aloysius community may not be present at any hearing; however, they may assist the student during the pre-board review process. (Note: Residence Life staff members cannot provide representation.)

The accused student is notified of the date, time, and location of the Board hearing.

After the hearing, the Conduct Officer presents the Board’s findings to the Vice President for Student Affairs or designee. The Vice President for Student Affairs or designee sends written notification of the results of the hearing to the student within three school days of conclusion of the hearing. 

The membership of the Student Conduct Board consists of students, faculty, and administrators. The Conduct Officer or their designee presides over the hearing. The Conduct Officer also serves as a resource to the Conduct Board and oversees the deliberation process.

The Vice President for Student Affairs reserves the right to utilize an administrative hearing when the full Board is not available during breaks in the academic calendar or the end of an academic term and as deemed necessary.

The Conduct Officer or their designee reviews the case with the Conduct Board. They also introduce witnesses and direct proceedings so that only pertinent material is introduced. Finally, the Conduct Officer makes sure that both accuser and accused have ample opportunity to present the facts of the incident -- as they perceive them -- to the Board members.

The Conduct Board reviews the case with the Conduct Officer or their designee and questions the student brought before the Board, as well as any witnesses. The Board then discusses the case, including all testimony, in private. Specific violations are determined along with a recommendation for sanctions or that no violation occurred. The Conduct Board need not be unanimous in its vote; however, a majority must concur. The Conduct Officer or their designee presents the recommendation of the Board to the Vice President for Student Affairs. The Vice President for Student Affairs or designee will notify the student of the final outcome within three school days. Alleged victims of crimes of violence or non-forcible sexual offenses may submit a written request to the Vice President for Student Affairs within three working days of the hearing to learn the outcome of the hearing. All proceedings and results of the Board’s deliberations are confidential.

Appeal Process

A student who wishes to appeal the recommendation(s) of the Conduct Officer or their designee and/or the Conduct Board must submit a written request for an appeal within five school days of the notification of the results of the hearing. The student must address one of the points listed below as grounds for appeal. The request must be directed to the Vice President for Student Affairs. The grounds for an appeal are as follows:

• A procedural error or omission occurred that significantly impacted the outcome of the hearing;  

• To consider new evidence, unknown or unavailable during the investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included;  

• The sanction(s) imposed are disproportionate to the offense;

• Bias or conflict of interest by an investigator or committee member. The student must state the basis for this belief and provide any supporting information.

The Vice President for Student Affairs or the appointed Appeal Officer will review the record of the proceedings. If, in the appeal, it is determined that new evidence exists or some other reason is present to consider additional evidence, or if proper procedures were not followed, the matter can be returned to the Conduct Officer or their designee and the Student Conduct Board for further deliberation.

The Vice President for Student Affairs can accept the decision of the initial hearing, or refer the case back to the Conduct Board. The decision of the Vice President for Student Affairs is final except in cases of dismissal. A student dismissed from the College may, in addition, appeal to the President.

Disciplinary action is based on the seriousness of the offense, individual circumstances and the best interest of the general educational community of Mount Aloysius College. The sanction(s) which may be imposed upon individuals or organizations for the commission of the offenses recognized by the College include, but are not limited to, the following:

Conduct Warning

A conduct warning may be issued when the nature and circumstances of the conduct do not warrant more severe disciplinary action; however, a written warning will be a matter of record in the office of the Vice President for Student Affairs. 

Service to the College

Service to the College entails performing duties in departments including housekeeping, maintenance and community service. The conditions and the time period of the work assignment are the prerogative of the authority imposing them and will be stated in writing. If a student fails to perform the services within the stated time-period, a fine may be imposed equal to the amount of unworked hours, multiplied by the current rate for College work-study wages or additional conduct sanctions may be imposed. Failure to pay a fine may result in immediate restriction from residence halls until the fine is paid in full and/or other disciplinary sanctions. 

Education

• Alcohol 1st offense: 3rd Millennium Classroom Under the Influence or Alcohol Wise 21+

• Alcohol 2nd offense: AODA course

• THC 1st offense (non-criminal): 3rd Millennium Classroom THC 101 

• THC 2nd offense (non-criminal): AODA course

Fines

The amount and due dates of fines are determined by the authority imposing them and will be stated in writing. The College reserves the right to initiate a policy for fining students for violations during the academic year.

Restitution

Reimbursement must be paid for damages or misappropriations of College property or property of a member of the College community. 

Loss of Privileges

The conditions and the time-period of the probation are the prerogative of the authority imposing them and will be stated in writing. The following are intended to serve as sanctions:

• An individual may be prohibited from representing the College in an official capacity, such as an intercollegiate athlete or a student organization leader;

• An individual may be prohibited from parking a vehicle on campus, living in College residence halls or from dining on campus, forfeiting full room and board fees;

• An individual may be prohibited from participating in College programs, such as musical or theatrical productions, intramural events or athletic competitions;

• An individual may be prohibited from participating in student visitation; and

• An individual may be prohibited from using personal property (including stereos, etc.) or campus facilities.

Probation

Probation entails a written reprimand for the violation of specified regulations. Probation remains in effect for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any College regulation(s) during the probationary time. 

Residential Probation

An official warning which states that future conduct violation will constitute grounds for the loss of the privilege to live or visit in the residential facilities.

Suspension

Suspension is termination of student status for a specific period of time. The conditions of re-admission will be stated in a sanction letter from the Vice President for Student Affairs. Students suspended for the remainder of a semester are charged full tuition, room and board (if applicable) and fees for the semester in which the suspension occurs. Students are assigned the grades that would be appropriate if withdrawal were voluntary. A statement of the student’s status is sent to the Vice President for Academic Affairs/Dean, Registrar, curriculum chairperson, Admissions Office and Controller’s Office.

Residential Suspension

This penalty removes the student from residence on campus and prevents the student from visiting the residential facilities for a specific period of time (i.e., the remainder of a given semester or academic year). The Director of Residence Life has the authority to suspend a student from residence if the student has failed to abide by housing policies. 

Dismissal

Dismissal is permanent termination of student status and separation from the College. Dismissed students are charged full tuition, room and board (if applicable) and fees for the semester in which the dismissal occurs. Students are assigned the grades which would be appropriate if they were withdrawing voluntarily. A statement of the student’s status is sent to the Vice President for Academic Affairs/Dean, Registrar, curriculum chairperson, Admissions Office and Controller’s Office. 

The College reserves the right, at its discretion, to adjudicate off-campus violations of the Code of Conduct through the Campus Conduct System.

When the Vice President for Student Affairs has reasonable cause to believe that a student has violated any of the College’s rules or regulations and that danger or disruption will be present if a student is permitted to remain on campus or in a College residence hall, an interim suspension may be imposed pending a full consideration of the case. A student placed on interim suspension will be required to leave campus and/or the residence halls immediately and remain off-campus until completion of the disciplinary proceedings. The Vice President for Student Affairs or their designee is authorized to impose an interim suspension.

Title IX of the Education Amendments of 1972, provides that “no person in the United States shall, on the basis of sex, be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

The College has designated Dr. Robin Gore, Vice President for Student Affairs, as the Title IX Compliance Officer. Dr. Gore’s office is located in Cosgrave Center (814) 886- 6472. If a student or employee wishes to file a complaint alleging a violation of Title IX, this complaint should be filed with Dr. Gore. Any complaint of sex discrimination, sexual harassment and sexual assault can be made to the Title IX Coordinator, or Deputy Title IX Coordinator, who is responsible for overall administration of discrimination-related grievance procedures for faculty, staff, students and other members of the university community. To make a report, email rgore@mtaloy.edu or stop into her office, 108 Cosgrave Center. 

The Title IX/504 officer works in concert with the Director of Human Resources, the College’s risk manager and other areas to investigate and resolve grievances. A grievance involving an employee will be referred to the Director of Human Resources for resolution. The complainant also has the right to pursue resolution through the appropriate state and/or federal agencies, including the Office of Civil Rights.