Definitions

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

This term refers to a judicial process described in the Code of Community Standards.

An Accused/Complainant may bring any person he / she wants to the hearing or proceeding 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 Complainant advice during the hearing or proceeding. 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 Accused with the opportunity to challenge the statement of the Complainant.

The Chair is the chairperson of the Hearing Board who is 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 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); Sexual 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 case or has been affected by the behavior of the Accused. Can be the victim of misconduct, the witness to a violation of the Code, or Union College itself.

the 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 (the judicial process and its procedures).

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

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

The College official in charge of administrating the Conduct Code. The Director and Assistant Director, with assistance of College Counsel, trains all 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 Board.

The Vice President for Student Affairs is authorized to refer a matter to any one of the three Boards or to the Title IX Coordinator.

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

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

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

This board hears cases of alleged violations of the Code of Conduct, including cases involving alleged violations of the Hazing or Sexual Misconduct Policy.

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

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

When an Accused student is found in violation of Union College's Community Standards.

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

The standard of proof in Community Standard hearings is "preponderance of the evidence," which simply means that, based upon the information available, it is "more likely than not" that a violation occurred.

This term refers to any individual who is matriculated at the College and enrolled on either a full-time or part-time basis. This term also applies to individuals who complete their degree requirements at the end of the winter trimester and are awaiting conferral of the degree in June. The status begins when they first engage in official College activities, such as Orientation or athletic participation and ends when they withdraw from the College 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 after allegedly violating 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.

Any number of persons who have complied with the formal requirements for College recognition or registration as a student organization.

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

A person who has been affected by the behaviors of the Accused. Typically, Victims of sexual misconduct are referred to as "Survivor." Prior to a decision regarding the Accused's behavior, Victims are "alleged" Victims.

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.

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