Definitions

The Alleged is the student who is responding to the Complaint and charges they are alleged to have violated.

This term refers to a judicial process described in the Disciplinary Procedures section of the Code of Student Conduct.

An Alleged/Complainant may bring any person they want to the hearing as a consultant (known as an “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 Alleged or Complainant advice during the hearing. The Advisor is not allowed to argue for, advocate for, or present the case for the student or to address the Board.

A hearing is a structured meeting designed to elicit the relevant information while providing the Alleged with the opportunity to challenge the statement of the Complainant.

The Chair is the chairperson of the Hearing Board who is not a voting member of the Board.

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

This also includes information regarding the type of violation that will subject a student to discipline and the procedures (the judicial process and its procedures).

This term refers to the written regulations of the College including, but not limited to: Rules of Public Order; the Student Conduct Code; Policy Prohibiting Discrimination, Harassment, and Retaliation (including acts of intolerance and hate crimes); Title IX Policy, Gender-based Misconduct Policy, Policy Prohibiting Bias Acts; Alcohol and Drug Policy; Hazing Policy; Smoking Policy; Terms Abroad Conduct Code and Guidelines.

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

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.

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

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

The Director of Community Standards & Accountability Is the College official in charge of administering the Conduct Code. The Director of Community Standards & Accountability, with the assistance of College Counsel, trains all the members of each Board, assures adherence to procedure, and answers questions about the process and information.

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.”

Guests are defined as individuals, invited or not invited, who are not currently enrolled Union College students.

There are three Hearing Boards with the authority to hear Conduct Code cases: Judicial Hearing Board, Student Conduct Committee and the Organizational Misconduct Committee. The Vice President for Student Affairs, or their designee, is authorized to refer matters to any one of the three Boards.

The Director of Community Standards or designee who coordinates the case.

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

This term refers to any person or persons appointed to determine whether a Student has engaged in a conduct code violation and to recommend imposition of sanctions.

The Judicial Hearing Board hears cases of alleged violations of the Code of Conduct, excluding cases involving hazing and alleged violation of the Title IX or Gender-Based Misconduct Policy.

A current, matriculated student or a full-time employee of the College.

The Office of Community Standards & Accountability is the central location for matters involving the Code of Student Conduct.

The Organizational Misconduct Committee hears cases of alleged violations of the Conduct Code involving any group, team, or organization recognized by the College, including potential violations of the Hazing Policy.

When the Alleged Student is found responsible for a violation of the Conduct Code.

A sanction is a required action based on the outcome of either an Administrative Review or determined by the Director of Community Standards & Accountability, or their designee, after taking into account non-binding conduct conference recommendations of one of the Boards.

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.

This term refers to any individual who is enrolled in the College on either a full-time or part-time basis. The status begins when they first engage in official College activities, such as Orientation or athletic participation, and ends when withdrawal from the College occurs or their enrollment is terminated. An individual on a leave from the College is not considered an active student for the duration of their leave. Individuals attending the College conditionally prior to their enrollment are also considered students for purposes of the Conduct Code, although modifications may be made to account for developmental maturity and their limited time on campus. It also includes any individual who is auditing a course at the College or who withdraws for any reason, including circumstances involving a potential violation of the Student Code. 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 will be handled under the appropriate College personnel policies.

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

The Student Conduct Committee consists of students whose selection has been approved by the Student Forum. The Director of Community Standards & Accountability, or designee, will assist the Student Conduct Committee. The Committee hears cases of alleged violations of the Code of Conduct.

A witness provides information to the appropriate conduct process and must be a member of the College community. However, an exception may be made by the Director of Community Standards & Accountability to allow a non-member of the College community to be permitted to testify upon written petition from the Alleged or Complainant to the Director of Community Standards & Accountability, 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, and/or Alleged 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.

Visitors are defined as currently enrolled Union College students who are not assigned to the room, suite, apartment, theme house, Minerva, residence hall, or Fraternity/Sorority house that they are visiting.