Judicial Definitions

Student Handbook - Conduct Code


Interpretation of the College Judicial Code: Definitions

Accused
The Accused is the student who is responding to the complaint and changes.   

Administrative Review
This term refers to the judicial process described in this document.

Advisor
An Accused or Victim may bring any person he or she wants to the hearing as a consultant (a/k/a “Advisor”).  This person must be a full time employee of the College (faculty, administration, or staff) or student who is not an attorney or parent/legal guardian.  The Advisor provides the Accused or Victim advice during the hearing.  The Advisor is not allowed to argue for, advocate for, or present the case for the Accused or Victim or to address the Board.

Board Hearing 
A hearing is a structured meeting designed to elicit the relevant information while providing the Accused with the opportunity to challenge the statement of the Complainant. Chair:  The Chair is the chairperson of the Hearing Board who is a voting member of the Board. 

Code of Student Conduct
The document(s) in which the rules governing behavioral expectations of students are listed, including information regarding violations, complaints, etc.

College Policies, Rules and/or Regulations
This term refers to the written regulations of the College including, but not limited to: Rules of Public Order; the Student Conduct Code; Bias Policy; Sexual Misconduct and Sexual Harassment Policy; Alcohol and Drug Policy; Hazing Policy; Smoking Policy; Terms Abroad Guidelines; or, the Undergraduate Catalogs.


College Premises
This term includes all campus land, buildings, and facilities, as well as off-campus property in the possession of or owned, or controlled by the College. 

Complainant
The person(s) responsible for filing the initial complaint.  Can be the victim of misconduct, the witness to a violation of the Code, or Union College itself. 

Conduct Code
The Conduct Code is a document that sets forth the rules and regulations relating to conduct of students, including information regarding the type of violation that will subject a student to discipline and the procedures.


Day
This term refers to calendar days and includes weekends and holidays.


Deliberation
Deliberation occurs when the Board looks at all the information, applies the standard of proof to that information, and makes a determination about the Accused’s behavior with respect to the alleged violation.  (See the chapter on deliberation for a more substantial understanding of this topic.)

 
Director of Student Conduct
The Director of Student Conduct is the College official in charge of administering the Conduct Code.  The Director of Student Conduct, with assistance of College Counsel, trains all of the Board, assures adherence to procedure, and answers questions about process and information.

 
Evidence
Evidence is any information brought to a hearing, whether furnished by witnesses or derived from documents or from any other source.  It should be noted that the term “information” is preferred to “evidence.” 


Fraternity and Sorority Conduct Board
The Fraternity and Sorority Conduct Board consists of twelve (12) students, who have been initiated into a fraternity/sorority with Full Recognition from Union College.  Three (3) of these members will be Executive Board Members representing the three (3) governing councils.  The Board Chair responsibilities will rotate between these three (3) members each Academic Year unless other needs arise.  The remaining nine (9) members of the Board shall be selected by the outgoing Board Chair and the Director of Fraternity and Sorority Affairs through an application and review process.  The Fraternity and Sorority Conduct Board will hear cases of alleged chapter violations of the Student Conduct Code and/or Fraternity and Sorority Policies.  The Director of Fraternity and Sorority Affairs will be present throughout the hearing and deliberation process of the Fraternity and Sorority Conduct Board but is not permitted to vote.  Members of the Fraternity and Sorority Conduct Board will serve as volunteers who are trained in FERPA, confidentiality, procedures, and applicable policies and rules of the College.


Hearing Board
There are three Hearing Boards with the authority to hear Conduct Code cases: Judicial Hearing Board, Student Conduct Board, Fraternity and Sorority Conduct Board.  The Vice President for Student Affairs is authorized to refer a matter to any one of the three Boards


Hearing Coordinator
The Director of Student Conduct coordinates the case.


Information
Information is any knowledge, facts, or data brought to the hearing, whether furnished by witnesses or derived from documents or from any other source.

 
Judicial Body
This term refers to any person or persons appointed to determine whether a Student has engaged in Proscribed Conduct and to recommend imposition of sanctions.

 
Judicial Hearing Board
This term refers to the judicial process described in this document  The Judicial Hearing Board hears cases of alleged violations of the Code of Conduct including cases involving an alleged violation of the Sexual Misconduct and Sexual Harassment Policy.


Office
The Vice President for Student Affairs Office is the central location for student Conduct Code matters.


Proscribed Conduct
This term is defined as: a violation of published College Policies, Rules and/or Regulations, including, but not limited to, the Student Conduct Code; Sexual Assault Policy; Harassment Policy; Alcohol and Drug Policy; Hazing Policy; Rules of Public Order; Undergraduate Catalogs; conduct which adversely affects the College community and/or the pursuit of its objectives, whether that conduct occurs on or off College Premises; or conduct which results in charges of violation of any federal, state or local law, whether that conduct occurs on or off College Premises.


Sanction
A sanction is an outcome of either an Administrative Review or determined by the Director of Student Conduct after taking into account non-binding recommendations of one of the Boards.

Sexual Assault and Harassment Policy
Members of the Board serve as volunteers who are trained in FERPA, confidentiality, procedures, applicable policies and rules of the College, and the philosophy of the Conduct Code at Union College.


Standard of Proof
The standard of proof in Conduct Code hearings is “preponderance of the evidence” which simply means that, based upon the information, it is “more likely than not” that a violation occurred.

 
Student
This term includes any individual who is matriculated at the College on either a full-time or part-time basis, and also includes any individual (i) who is auditing a course at the College, (ii) who withdraws after allegedly violating the Student Code, or (iii) who has been notified of their acceptance for admission. Individuals who are both students and employees will be treated as Students for the purpose of this policy only if their primary relationship to the institution is that of student. Allegations against individuals who are regular employees (regardless of student status) will be handled under the appropriate College personnel policies.

 
Student Organization
This term refers to any number of persons who have complied with the formal requirements for College recognition or registration as a student organization.


Student Conduct Board
The Student Conduct Board consists of students; the Chair is a student.  The Director of Student Conduct will assist the Student Conduct Board.  The Student Conduct Board hears cases of alleged violation of the Code of Conduct.  Members of the Student Conduct Board serve as volunteers who are trained in FERPA, confidentiality, procedures, applicable policies and rules of the College, and the philosophy of the Conduct Code at Union College.


Victim
A Victim is a person who has been affected by the behavior of the Accused. Typically, Victims of sexual assaults are referred to as “Survivors.”  Prior to a decision regarding the Accused’s behavior, Victims are “alleged” Victims.

Witness
A witness provides information to a Conduct Code Board and must be a member of the College community.  However, an exception may be made by the Director of Student Conduct to allow a non-member of the College community be permitted to testify upon written petition from the Accused, Complainant, or Victim/Survivor to the Director of Student Conduct, to be received at least 48 hours in advance of the Hearing.  A character witness is a witness without direct knowledge of the incident in question who the Complainant, Victim/Survivor, and/or Accused may desire to present to the Hearing only for the purpose of providing testimony relative to good character.  Only one character witness can testify on behalf of any party.