Disciplinary Procedures

Administrative Reviews are informal discussions between a student alleged to be in violation of Code of Student Conduct and the Director of Community Standards & Accountability (or a designated administrator including, but not limited to, Community Directors, Deans, or Directors), and would not (in the judgment of the Director of Community Standards & Accountability) normally result in a suspension or more severe sanction if the student were found responsible.

In these proceedings, the Director of Community Standards & Accountability, or their designee, determines the responsibility of an Alleged Student for a violation of Code of Student Conduct, based on the information available to them.

The Alleged Student will be notified by email of specific violations under consideration in advance of this discussion. If the violation involves multiple students (e.g., students who reside in the same dwelling) and if all the students consent and the consent is documented, all the students may be subject to the same Review at the discretion of the Director of Community Standards & Accountability.

The Director of Community Standards & Accountability, or their designee, will review the charges with the Complainant and Alleged Student(s) and give them an opportunity to respond. The Director or designee will then determine, by a preponderance of the evidence, whether the Alleged student is responsible for each charge and, if the student is found responsible, will assess appropriate sanctions.

If a student fails to attend an Administrative Review, the Director or their designee may resolve the case without benefit of the student’s input.

In determining sanctions, the Director, or their designee, will take into account the factors described in the Sanctions section of this Code.

• If multiple students are subject to the same Administrative Review, each student may be subject to different sanctions as a result of different considerations or circumstances.

Outcomes from Administrative Reviews are subject to appeal.

Informal Resolutions are typically discussions between a student alleged to be in violation of the Code of Student Conduct and the Director of Community Standards & Accountability (or a designated administrator including, but not limited to, Community Directors, Deans, and Directors), where a finding or responsibility would not (in the judgment of the Director of Community Standards & Accountability) normally result in a suspension or more severe sanction.

In these proceedings, the Director of Community Standards & Accountability, or their designee, and the student may agree to the fact that a violation occurred. If the student does not agree, the case may be forwarded to an Administrative Review or a Hearing.

The Alleged student will be notified by email of specific violations under consideration in advance of this discussion. If the violation involves multiple students (e.g., students who reside in the same dwelling) and if all the students consent and the consent is documented, all the students may be subject to the same Informal Resolution process at the discretion of the Director of Community Standards & Accountability.

The Director of Community Standards & Accountability, or their designee, will review the charges with the Complainant and the Alleged student(s) and give them an opportunity to respond. If the student accepts responsibility, the Director, or their designee, will issue the appropriate sanction(s).

Outcomes from Informal Resolutions are not subject to appeal.

An organization that admits responsibility may request to forgo an Organizational Misconduct Committee Hearing and have its case decided by the Director of Community Standards & Accountability or their designee in a Conduct Conference. If the Director agrees to a Conduct Conference, they or their designee will meet with the organization’s president or designated spokesperson, and may impose any sanction(s) appropriate to the circumstances. Organizations admitting to disciplinary allegations and requesting a Conduct Conference may not have an Advisor or observer present.

Outcomes of Conduct Conferences are not subject to appeal.

If the Director denies the request for a Conduct Conference or if the organization prefers an Organizational Misconduct Committee Hearing, the case will be heard according to standard procedures.

Composed of three (3) members from a pool of faculty and staff who will determine the responsibility of any student(s) alleged to have violated the Code of Student Conduct. In addition, the Chair of this Hearing Board will be the Director of Community Standards & Accountability, or their designee, who will not have a vote. The pool of faculty and staff members will be approved by the Vice President of Student Affairs. The Judicial Hearing Board will adjudicate cases involving allegations of the Code of Student Conduct that may result in suspension or expulsion as referred by the Vice President of Student Affairs.

Composed of five (5) members from a pool of students, and the Director of Community Standards & Accountability, or designee, who will be present throughout the Hearing and the deliberations of the Student Conduct Committee, but who will not have a vote. The student members of the pool are selected by a process approved by the Student Forum. The chairperson and vice-chairperson will be elected annually by the members of the Student Conduct Committee. If the chairperson is unable to preside at a Hearing, the vice-chairperson will serve in their stead.

Composed of four (4) members from the Committee on Hazing, made up of the following; the Director of Campus Safety, the Associate Director of Greek Leadership, the Director of Student Activities, and the Director of Athletics. Three (3) of these members will be present throughout the Hearing and the deliberations, and will each have a vote on responsibility. In addition, the Director of Community Standards & Accountability, or their designee, will be present as the Chair, but will not have a vote.

Following a Hearing or other conduct proceeding, the student or organization found responsible and, with respect to a crime of violence as defined by FERPA, the Complainant (if the Complainant was subjected to such conduct), will be notified in writing that based on the information presented:

• A violation of the Code of Student Conduct was determined to have occurred, and that the Alleged Student or organization was responsible; or
• A determination was reached that a violation of the Code of Student Conduct did not occur, and/or that the Alleged Student or organization was not responsible.

In the event that the Alleged Student or organization is found responsible following a Judicial Hearing Board, Student Conduct Committee, or Organizational Misconduct Committee Hearing, it is the responsibility of the Director of Community Standards & Accountability, or their designee, to determine reasonable sanctions to impose as a result of the decision of responsibility.

The notification of this determination will be sent electronically to the Responsible Student or organization. If the Hearing Board or Committee determined that a crime of violence as defined by FERPA occurred, the Complainant (if the Complainant was subjected to such conduct), will also be notified of the sanction. Notification to others will occur at the discretion of the College, consistent with applicable law (including without limitation FERPA).

Union College utilizes disciplinary consequences as opportunities for introspection, understanding, growth, and learning. Deliberate consideration is paid to the assessment of appropriate and meaningful sanctions in order to provide the best opportunity for students or organizations to understand the ramifications and effects that their behavior may have on themselves, their peers, and the Union College community.

The Director of Community Standards & Accountability, or their designee, will assess sanctions that carefully consider the following:

• Impact of Sanctioning and Impact Statements and/or,
• Proportionality and Consistency and/or,
• Prior Disciplinary History and/or,
• Other information.

The impact of the sanction on the student or organization, the Complainant (if applicable) and the College community may be considered when determining appropriate sanctions.

Complainants and Alleged student(s) or organizations may offer a statement explaining their conduct to the decision-maker.

These statements are open-ended, and are intended to help the decision-maker determine sanctions that are most appropriate.

Impact Statements are to be submitted to the Director of Community Standards & Accountability, or the Hearing Officer, prior to the start of the hearing.

Sanctions will be proportionate to the nature and severity of, and circumstances surrounding, the violation, and consistent with sanctions imposed in prior cases at the College arising from similar facts and circumstances.

The student’s or organization’s prior disciplinary history may be relevant to consider when determining appropriate sanctions.

A student’s or organization’s history will not be considered when determining responsibility.

There may be other information deemed relevant by the Director of Community Standards or their designee to consider when determining appropriate sanctions.

When a student or organization is assigned sanctions, any notification will include a rationale detailing how and why the sanctions that are assigned were determined.

Sanctions that may be imposed upon any student found to have violated the Code of Student Conduct include but are not limited to:

• Warning - A notice in writing to the student that the student has violated or is violating the Code of Student Conduct. Warnings may be considered in any further disciplinary proceedings.
• Probation - A written reprimand for violation of the Code of Student Conduct. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate the Code of Student Conduct during the probationary period. Probation may be imposed with or without restrictions. Probation may be considered in any further disciplinary proceedings. Restrictions associated with College probation may include, but are not limited to, ineligibility for participation in designated College-sponsored programs or activities, and/or other appropriate actions.
• Loss of privileges - Denial of specified privileges permanently or for a designated period of time. These privileges can include, but are not limited to: attending College events, club or organization membership, athletic participation*, visitation of certain buildings or residential facilities, etc.
• Fines – In some circumstances, reasonable fines may be imposed. Such fines are in addition to costs of restitution that are deemed appropriate.
• Restitution - Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
• Discretionary sanctions - Work assignments, essays, service to the College, or other assigned tasks.
• Educational and developmental outcomes - Educational requirements are meant to provide individual development, improvement or education.
• Residence Hall suspension - Separation of the student from the residence halls for a definite period of time, after which the student is eligible for return. Conditions for return may be specified.
• Behavioral Plan - A plan that clearly defines additional behavioral expectations, standards, and/or obligations that a student is required to follow.
• No Contact Order - A written directive prohibiting contact with another person, either directly or through a third party.
• Residence Hall expulsion - Permanent separation of the student from the residence halls.
• College suspension - Separation of the student from the College for a definite period of time, after which the student is eligible for return. Conditions for return may be specified.
• College expulsion - Permanent separation of the student from the College.
• Deferred College suspension - In cases of suspension, there may be circumstances that mitigate against the immediate separation of the student from the College. For example, a student may be allowed to complete the current trimester’s coursework and begin their suspension period at the term’s end. However, should the student be found in violation of the Code of Student Conduct in the time period between the decision to suspend and when the suspension is effective, the suspension will take effect immediately and remain in effect until the specified expiration date of the original suspension.
• Revocation of Degree - A degree awarded from the College may be revoked for fraud, misrepresentation, or other violation of College standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
• Withholding degree and/or diploma - The College may withhold awarding a degree and/or diploma otherwise earned for a specified period of time or until the completion of the process set forth in this Code, including the completion of other sanctions imposed, if any**.
• Behavioral and/or Mental Health Assessment - A health assessment conducted by a qualified practitioner, as well as the completion of all recommendations made as a result of the assessment.
• Special Action - Other actions appropriate to particular circumstances, but not included in the preceding list. Some examples include, but are not limited to, prevention of participation in intramural athletics or College-associated organizations, ineligibility for participation in designated College-sponsored programs, and/or other appropriate actions.

• More than one of the sanctions listed above may be imposed for any single violation.

Maintenance and Keeping of Disciplinary Records

• Other than College expulsion or revocation or withholding of a degree, disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s disciplinary record. Upon graduation, the student’s disciplinary record may be expunged of disciplinary actions other than residence hall expulsion, College suspension, College expulsion, or revocation or withholding of a degree, upon application to the Director of Community Standards & Accountability. Cases involving the imposition of sanctions other than those identified shall be expunged from the student’s disciplinary record seven years after final disposition of the case.

*Restrictions of participation in intercollegiate athletics as a sanction under these procedures are separate and distinct from consequences that may be imposed by the College’s Department of Athletics under the Student-Athlete Code of Conduct.

**In addition, the College may withhold a degree and/or diploma, and/or deny a student the ability to participate in commencement exercises, pending a final determination in a case subject to these procedures.

Sanctions that may be imposed upon any student organization found to have violated the Code of Student Conduct include but are not limited to:

• Warning - A notice in writing to the organization that the organization has violated or is violating the Code of Student Conduct. Warnings may be considered in any further disciplinary proceedings.
• Probation - A written reprimand for violation of the Code of Student Conduct. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the organization is found to violate the Code of Student Conduct during the probationary period. Probation may be imposed with or without restrictions. Probation may be considered in any further disciplinary proceedings. Restrictions associated with College probation may include, but are not limited to, loss of privileges of College-associated organizations, ineligibility for participation in designated College-sponsored programs or activities, and/or other appropriate actions.
• Fines - In some circumstances, reasonable fines may be imposed. Such fines are in addition to costs of restitution that are deemed appropriate.
• Restitution - Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
• Discretionary sanctions - Work assignments, essays, service to the College, or other assigned tasks.
• Educational and developmental outcomes - Educational requirements are meant to provide individual and organizational development, improvement or education.
• Loss of Housing Status - Separation of the organization from housing for a definite period of time, after which the organization is eligible for return. Conditions for return may be specified.
• Behavioral Plan - A plan that clearly defines additional behavioral expectations, standards, and/or obligations that an organization and its members are required to follow.
• More than one of the sanctions listed above may be imposed for any single violation.
• Loss of selected rights and privileges for a specified period of time.
• The organization may be deactivated. Deactivation includes the loss of all College-recognized privileges, including College recognition, for a specified period of time. Organizational deactivation may be for a specified period of time or permanent.
  • No student may rush, pledge, perpetuate, engage in initiation activities, or become a member of a fraternal, social, or student organization not recognized by the College. Anyone engaging in those activities, either as a member, recruiter, or potential new member, will be suspended for a minimum of one year or may be subject to additional penalties that could include expulsion from the College. A fraternal, social, or student organization shall be covered by this rule if:
    • its leadership and/or a significant number of its members are Union College students, or
    • The members being recruited and offered membership are current Union College students.

Any student who is uncertain about the legitimacy of any group is encouraged to inquire with the Offices for Greek Leadership or Student Activities.