St. Bernard’s Internal Complaint Process

St. Bernard’s Internal Complaint Process

St. Bernard’s School of Theology and Ministry desires to provide all students with an exceptional educational experience and therefore seeks to resolve student complaints in a timely and effective manner. We encourage all students who have any grievances to consider first the internal complaint policies and processes in place noted below (taken from the Student Handbook), and to try to resolve grievances according to these resolution processes.

There are three types of internal complaint resolution procedures available to the student which are designed to address the specifics of the complaint involved. They are:

1. Resolution Process for Academic Grievances (pages 41-47 of the Student Handbook which includes the School’s Academic Dishonesty Policy and the processes of appeal in such situations)
2. Resolution Process for Grievances Concerning Sexual Harassment (pages 63-67 of the Student Handbook)
3. Resolution Process for Non-Academic Grievances (pages 67-71 of the Student Handbook)

1. Resolution Process for Academic Grievances (pages 41-47 of the Student Handbook)

Introduction

The Resolution Process for Academic Grievances is designed to establish a formal process for resolving concerns and grievances brought by students related to academic matters as outlined below. St. Bernard’s strives to foster harmonious and respectful relationships among students and faculty. To this end, candid and informal discussions between students and faculty members are encouraged as a means of arriving at mutually satisfactory solutions to problems or grievances. If the informal attempts at resolving grievances are not successful, the formal Resolution Process may be necessary. Participation in the use of the Resolution Process shall not subject the student to reprisal in any way nor shall it affect the student’s grades or evaluations.

Grievances under this procedure include disputes over:

• Course and graduation requirements, thesis committee and/or advisor decisions;
• Non-compliance with the student’s right to review grades, or if a student believes that a faculty member has given a grade arbitrarily
  or capriciously assigned or assigned without regard for the criteria, requirements, and procedures of the course stated in the syllabus or guidelines for assignment;
• Class attendance and participation.

Informal Resolution

Students are encouraged to discuss the problem with the faculty or staff member concerned within 60 days from the time the student became aware of the problem.

Formal Resolution Process

If the complaint is not resolved through informal conversation and the student chooses to pursue the matter further, the following formal process will take place:

• A written request for a formal Resolution Process must be submitted to the Academic Dean within 10 days of the unresolved discussion attempt. The written request should include a clear, concise statement regarding the time and nature of the grievance and the policy or procedures thought to be violated;
• A copy of the complaint letter will be given to all parties involved in the matter;
• The Academic Dean shall refer the matter to a Special Advisory Committee instituted ad hoc consisting of a faculty member, a staff member, and a student. The Special Advisory Committee will investigate the complaint and make a written recommendation to the Academic Dean;
• The decision of the Academic Dean will be final.

Professional Standards and Policies

Classroom Behavior

As members of a Catholic community of education and formation, all faculty and students at Saint Bernard’s are called to the work of building a classroom environment that promotes the thoughtful exchange of ideas and the free sharing of opinions in an atmosphere of charity. In keeping with Saint Bernard’s commitment to hybrid education, faculty are charged with engaging students respectfully in both in-person and online settings. At the same time, students are expected to engage with their professors and other students constructively and respectfully as they attend classes in-person, over Zoom, and/or on Canvas.

Instructors are encouraged to include guidelines for classroom behavior in their syllabi, and students are expected to familiarize themselves with these policies.

The following are expectations regarding student behavior that apply to all students, in every learning space, in-person or online. At all times, students should strive to:

• Arrive to class on time and avoid leaving early;
• Avoid speaking out of turn;
• Avoid monopolizing discussion;
• Refrain from talking with others during class (including over the “chat” function in Zoom);
• Use electronic devices and cell phones exclusively for the sake of facilitating class participation (e.g., for note-taking or internet searches);
• Record classroom activities only with the permission of the instructor;
• Comply with all instructions given by the instructor;
• Speak and/or write with charity, patience, and respect for the dignity of each person.

Students who are attending class via Zoom engage constructively and respectfully with their professor and their peers when they:

• Remain attentive and “on screen” during the entire class, with video turned on when feasible;
• Minimize background and environmental distractions;
• Unmute to speak and mute when not speaking;
• Utilize the chat function as requested by the professor; chat should not be used to pass virtual notes.

Examples of unacceptable behavior include:

• Using insulting language or gestures;
• Threats of any kind;
• Harassment;
• Physical violence;
• Any behavior that puts the health and safety of the instructor or other students in jeopardy.

Students who fail to adhere to these policies will be subject to appropriate sanctions as outlined by the procedures below.

These procedures do not replace or preclude local, state, or federal laws concerning unlawful behaviors inside or outside the classroom, including those concerning the health and safety of class members or the instructor.

Procedures:

1. When confronted with disruptive but non-threatening behavior, the instructor should issue a general word of caution to the class as a whole rather than to a particular student so as not to exacerbate the problem;
2. If a general caution does not stop the disruptive behavior, the instructor may address the situation with the student in private;
3. If the disruptive behavior prevents further instruction, the instructor is authorized to ask the disruptive student to leave the classroom for the remainder of the class session. If the student refuses to leave, the instructor should contact local law enforcement authority at 911;
4. The instructor is advised to make a written record of the incident for personal records in the event further action is needed;
5. In the event the student is asked to leave the classroom, the instructor and the student should attempt to resolve the issue prior the next class meeting;
6. If the issue cannot be resolved, the matter should be referred to the Academic Dean who will meet with the instructor and the student to facilitate a resolution;
7. Removal from class for an extended period of time or permanently normally requires a written complaint from the instructor to the Academic Dean;
8. If threats have been made or physical violence is imminent, the instructor should notify the local law enforcement authority at 911.

Academic Dishonesty Policy

Academic honesty is a foundational aspect of St. Bernard’s mission as a Catholic institution of higher education. Academic dishonesty, including such practices as cheating, plagiarism, and fabrication, undermines the learning experience and is inconsistent with the ethical standards of this School. Since such dishonesty involves fraud and deceit, it is corrosive of the intellectual principles of the School and damages the sense of trust and community among students, faculty, and administrators.

This policy sets forth the standards of academic honesty which student members of our academic community are expected to follow. The faculty is also bound to adhere to the strictest standards of academic honesty. All members of the academic community have an obligation to familiarize themselves with these standards and to conduct themselves in accordance with both their letter and their spirit.

Accompanying this policy are procedures that set forth a system for enforcement of these standards, including the application of sanctions where violations have been found. Sanctions are necessary to demonstrate that Saint Bernard’s treats violations of academic honesty seriously and will act aggressively, when necessary, to deter wrongdoing. The effectiveness of the enforcement scheme depends in large measure on the conscientious cooperation of members of faculty in the implementation of the standards. Faculty members are therefore charged with the responsibility of seeking to ensure student compliance with the requirements and initiating enforcement proceedings where appropriate.

All students and courses, whether face-to-face or online, must adhere to the academic integrity standards of the School.

General Provisions

1. This policy supersedes all earlier and other statements on academic dishonesty published or appearing anywhere before its approval;
2. This policy applies to all academic conduct in the broadest sense, including submitted drafts and final coursework, research, comprehensive examinations, and the preparation of theses or dissertations;
3. Sanctions for violations of this policy, which may include the revocation of a previously awarded degree, certificate, or award, may be applied whenever a determination is made that a violation has taken place;
4. Confidentiality shall be observed in all proceedings under this policy, to the extent possible, except where otherwise specifically provided;
5. The faculty member is the individual who has initial responsibility for initiating the procedures provided in this policy. The Academic Dean shall maintain the case file containing the relevant documents;
6. The Registrar maintains a record for each student, which will include a listing of incidents of academic dishonesty that have been reported by the Academic Dean in accordance with this policy and after all appeals and/or periods of appeal are over. The record will be confidential and information contained therein will be made available only as authorized by this policy;
7. If information is received by a member of the Saint Bernard’s community alleging that a graduate of the School engaged in academic dishonesty at the time he or she was a registered student but the alleged dishonesty was discovered after graduation, the information shall be brought to the attention of Academic Dean, who shall determine the procedures to follow and the appropriate sanction.

Categories of Academic Dishonesty

The following are the major categories of academic dishonesty:

1. Plagiarism is the act of presenting the work or methodology of another as if it were one's own. It includes quoting, paraphrasing, summarizing, or utilizing the published work of others without proper acknowledgment, and, where appropriate, quotation marks. Most frequently, it involves the unacknowledged use of published books or articles in periodicals, magazines, newspapers, and electronic media. However, any unacknowledged use of another's words, ideas, or electronic processes constitutes plagiarism, including the use of papers written by other students, oral presentations, interviews, radio or TV broadcasts, any published or unpublished materials (including Web-based materials, letters, pamphlets, leaflets, notes or other electronic or print documents), and any unauthorized or inadequately credited use of foreign language, scientific and/or mathematical calculation and/or modeling programs or online services;
2. Improper use of one's own work is the unauthorized act of submitting work for a course that includes work done for previous courses and/or projects as though the work in question were newly done for the present course/project;
3. Fabrication is the act of artificially contriving or making up material, data, or other information and submitting this as fact;
4. Cheating is the act of deceiving, which includes such acts as receiving or communicating information from another during an examination, looking at another's examination (during the exam), using notes when prohibited during examinations, using electronic equipment to receive or communicate information during examinations, using any unauthorized electronic equipment during examinations, obtaining information about the questions or answers for an examination prior to the administering of the examination, or whatever else is deemed contrary to the rules of fairness, including special rules designated by the professor in the course;
5. Attempts to engage in any of the conduct described above or the facilitation of any of this conduct by another individual will be treated as conduct constituting academic dishonesty for purposes of this policy;
6. The preceding forms of academic dishonesty are stated in general terms. Individual professors may deem it appropriate to supplement the present statement of policy with specific interpretations that relate its terms and provisions to work submitted for individual courses.

Enforcement Procedures

1. When a faculty member suspects that an incident of academic dishonesty has occurred, the faculty member should communicate in writing and promptly arrange a conference with the student to discuss the matter. The faculty member may consult with the Academic Dean on the issues involved but will not discuss prior infractions of the student. At the conference, the faculty member will inform the student of his or her concerns, and the student will be given the opportunity to present his or her version of the facts. No one else will be present at this conference;
2. Once an allegation of suspected academic dishonesty has been communicated to the student, the student may not withdraw from the course or academic project in question;
3. After their conference, or if the student does not respond in a timely fashion to the offer to confer with the faculty member, the faculty member may conduct further investigation regarding the matter as the faculty member deems appropriate. On the basis of the facts, the faculty member will decide whether an act of academic dishonesty has taken place;
4. If the faculty member decides that an act of academic dishonesty has taken place and imposes a sanction, the faculty member will make a written record of the disposition of the matter, including the facts on which he or she relied. The faculty member will retain a copy for the faculty member's file, and communicate the decision to the student. The faculty member will also report this decision to the Academic Dean;
5. Upon receiving the faculty member’s decision, the Academic Dean, in certain circumstances, may decide to increase the sanction. A decision to suspend or expel a student from the School may only be made by the Academic Dean. This decision may be based on the existence of incidents and/or other aggravating circumstances. If the sanction is to be increased, the Academic Dean shall prepare a written decision, which states the Academic Dean's conclusions and the facts upon which the Academic Dean relied. The student shall be informed in writing in a timely fashion of the decision;
6. The case file concerning academic dishonesty shall be maintained by the Registrar and shall consist of any of the following documents that pertain to the matter: any and all documents containing the alleged academic dishonesty, other relevant documents submitted, correspondence, formal notes and narratives of the professor and/or Academic Dean.

Sanctions

The availability and the imposition of meaningful sanctions communicate a message to the community that the School treats the standards of honesty set forth in this policy with the greatest seriousness and that infractions of these requirements will be pursued and punished.

The presumed sanction for students for academic dishonesty will be failure for the course. There may be circumstances, however, where, perhaps because of a student's past record, a more serious sanction, such as suspension or expulsion, would be appropriate.

When a graduate of the School is found to have engaged in academic dishonesty, revocation of a degree, certificate, or other recognition previously awarded may be considered as a possible sanction.

In the more unusual case, mitigating circumstances may exist that would warrant a lesser sanction than the presumed sanction.

Appeals

1. All students have the right to present their perspective on the incident to the Academic Dean for his decision. All requests for appeal should be communicated to the dean in writing within fifteen (15) days of the written communication of the decision by the faculty member.
2. The Academic Dean shall evaluate the appeal. The burden of proof shall be on the student challenging a determination and that burden must be satisfied by the preponderance of the evidence. Preponderance of the evidence means that a greater weight of the evidence is required in order to decide in favor of one side over the other, to determine whether a fact is true and/or to establish that an event occurred. The decision that a preponderance of the evidence exists must be based on the more convincing evidence and its probable truth of accuracy, not on the amount of evidence available. The Academic Dean may affirm the faculty member's decision if the Academic Dean deems the appeal to be frivolous or without merit, which shall be communicated in writing to the student.
3. If the Academic Dean finds that the student has not engaged in academic dishonesty, there will be no entry relating to the incident held by the Registrar. If, on appeal, the determination of academic dishonesty is upheld but the sanction is modified, the Registrar’s entry will reflect that new sanction.
4. A copy of the Academic Dean's written decision shall also be sent, as appropriate, to the faculty member and to the Registrar after all appeals and/or periods of appeal are over.

2. Resolution Process for Grievances Concerning Sexual Harassment (pages 63-67 of the Student Handbook)

Introduction

Individuals who believe they are being subjected to sexual harassment are urged to seek assistance promptly. The sooner an incident or situation is addressed, the more likely it will be successfully resolved. There are many options for addressing such matters. The Title IX Coordinator can provide information and field any questions concerning the policy and procedures for resolution that will be discussed here. The Title IX Coordinator (hereafter referred to as “Coordinator”) is responsible for coordinating Title IX/sexual harassment procedures. The Coordinator has received the appropriate training to ensure compliance in this process. The Coordinator shall be appointed by the President and shall serve at the discretion of the President.

The training that the Coordinator has received is in accordance with 2020 Title IX regulations. It includes:

• An understanding of what constitutes sexual harassment as defined in 34 C.F.R. 106.30(a);
• How to conduct an investigation and grievance process;
• How to serve impartially in this capacity, including how to avoid making assumptions of the facts at issue, and how to identify and avoid conflicts of interest and bias.

Individuals who believe that they have been sexually harassed are free to engage in either an informal or formal resolution of this harassment.

Informal Resolution

St. Bernard’s encourages individuals who believe that they have been sexually harassed to discuss the situation promptly and firmly with the offender. If, due to power or status disparity or for whatever reason, informal, direct communication between the two individuals is ineffective or impossible, the complainant may request that the Coordinator assist with informal resolution of the matter. The Coordinator may arrange for a mediation of the matter, for counseling and/or education of the offender, or for any other appropriate means to informally resolve the matter. In so doing, the Coordinator may enlist the services of a faculty advisor, the Academic Dean, or other supervisor, depending on the status of the parties involved. A written complaint is not required to invoke the informal resolution process.

If a matter is not resolved through the informal resolution process, the complainant may file a written complaint with the Coordinator to commence the formal resolution process. Use of the informal resolution process is not a prerequisite to filing a written complaint under the formal process.

Formal Resolution

a) Complaint
The complainant shall commence the formal resolution process by filing a written complaint with the Coordinator. The complaint shall identify the alleged sexual harasser and provide a detailed description of the offensive conduct or behavior. The complaint shall be dated and signed by the complainant.

b) Investigation by the Coordinator
Upon receipt of a written complaint, the Coordinator shall investigate the complaint by, at a minimum, discussing the allegations with the complainant and the respondent. The Coordinator may interview witnesses to the alleged harassment. The Coordinator shall keep a written record of the investigation and his/her determination. Upon completing the investigation, the Coordinator shall either:

1. determine that the complaint is meritless and advise the parties in writing of the same. The complainant shall have fourteen days from the date of the determination to file a written appeal with the Title IX Committee OR
2. determine that the complaint has merit and that an informal resolution is not practical or feasible. The Coordinator shall then refer the complaint and the written record of the investigation (the “Final Investigation Report”) to the Title IX Committee (hereinafter “the Committee”) for a hearing.

c) Title IX Live Hearing Process

If the result of the Title IX investigation is the conclusion that, by a preponderance of the evidence, the respondent may have engaged in a policy violation, and both parties do not support an informal resolution, then with the consent of the complainant, the respondent will be required to participate in the School’s Title IX Hearing process.

1. Within ten (10) days of the completion of the Title IX investigation, the Coordinator will set up a meeting with the complainant and a separate meeting with the respondent. The Coordinator will explain to the parties the Hearing process and provide them with a copy of the School’s Title IX procedures;
2. A Hearing will be scheduled within 45 days from the time both parties receive a copy of the Final Investigation Report, absent any special circumstances. The purpose of the Hearing is to determine responsibility for Title IX policy violations;
3. Both parties will receive a written Notice of Hearing at least two weeks prior to the hearing that will include the time, date, place, and purpose of the meeting, the names of the members of the Committee, and a list of witnesses. All communications related to the Hearing shall be directed to the Coordinator. Timely notice will be given for any amendments to the notice;
4. The Committee shall consist of four members that will serve at the discretion of the Academic Dean. The Academic Dean shall select from a list of individuals one member from the administrative staff, one member from the faculty, and one matriculated student to serve on the committee, along with the St. Bernard’s ombudsperson. The St. Bernard’s ombudsperson will chair the Committee and serve as the “decision-maker” for the Hearing;
5. Each party may challenge one member of the Committee for reasons such as bias by submitting a written request to the Coordinator within 7 days from the date of the notice of hearing. The Coordinator shall review the request and select a new member for the Committee;
6. At the request of either party, St. Bernard’s will provide for the entire live hearing (including cross-examination) to occur with the parties located in separate rooms with technology enabling the parties to see and hear each other. Requests must be made in writing at least one week in advance of the hearing date to the Coordinator;
7. Each party may request witnesses not listed on the notice of hearing by submitting the witness names and summary of the witness testimony to the Coordinator at least one week prior to the hearing date;
8. Both complainant and respondent parties have a right to an advisor of their choice (including a lawyer), who may be present at all meetings, interviews, and proceedings. Any restrictions to advisor participation will be applied equally to all parties. If a party cannot obtain an advisor, St. Bernard’s will provide a pool of trained advisors from which a party can choose at no cost to the party.

d) Procedures for a Live Hearing

1. The Chair will introduce the members of the hearing panel, read the alleged policy violation(s), and review the goals and procedures for the hearing;
2. The respondent will enter a plea of responsible or not responsible for the policy violation;
3. The Coordinator shall appear at the hearing in a neutral capacity and present all relevant witnesses for questioning;
4. The Chair (in consultation with the members of the Committee) will begin by asking all relevant questions of clarification for the parties and witnesses;
5. The Chair will provide an opportunity for each advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those raising concerns of credibility. Such cross-examination at the hearing will be conducted directly, orally, and in real-time by the party’s advisor of choice, but never by a party personally;
6. The advisor may ask only relevant cross-examination and other questions of a party or witness. However, before a complainant, respondent, or witness answers a cross-examination or other question, the Chair will first determine whether the question is relevant and explain why any decision to exclude a question is not relevant;
7. Cross-examination may not include questions of sexual behavior or disposition unless evidence of such behavior is offered to establish consent or to demonstrate that another party is responsible for committing the violation. In other words, questions that may be
   excluded are those protected by rape-shield protections, health information, and attorney-client privilege;
8. If a party or witness does not submit to cross-examination at the live hearing, the hearing committee will not rely on any statement of that party or witness in reaching a determination regarding responsibility;
9. Should the complainant or responding parties not appear at the Title IX Hearing, the hearing will be conducted without that party’s presence and a decision will be rendered based on the evidence before the Committee;
10. At the conclusion of the presentation of the evidence, all will be excused from the hearing room except for the Committee, which will deliberate;
11. Based only on the evidence presented at the hearing, the Committee will make the following recommendations by using the “preponderance of the evidence” (more likely than not) standard and by a majority vote:
    
    1. The specific section(s) of the code alleged to have been violated;
    2. A description of all the steps taken from the receipt of the formal complaint through the hearing;
    3. Specific descriptions of all “findings of facts” that support the determination;
    4. Conclusions regarding the application of the “findings of facts” to the alleged violations;
    5. A statement and rationale with respect to each allegation, including determination, sanctions, and remedial measures;
    6. Recommendations for prevention of future policy violations and to otherwise have a safe campus conducive to scholarly pursuits.
12. Within 10 days of the completion of the hearing, the Committee’s written report shall be submitted to the Coordinator. The Academic Dean is the final decision-maker, who will render a decision within 5 business days from receiving the recommendations of the Hearing Committee;
13. The Coordinator will send a written determination simultaneously to all parties for each alleged policy violation as defined above. In addition, both parties will have access to the audio recording and/or transcript of the live hearing.

e) Appeal

Within 20 days from the date the parties are notified of the Academic Dean’s decision, either party may appeal the decision by submitting a written appeal to the President. Both parties may submit a written statement to the President concerning the grounds for the appeal. The President shall review the statements received from the parties, the record maintained by the Coordinator and the record and exhibits maintained by the Committee, and may conduct further investigation if necessary. The President shall issue his/her written decision concerning the appeal within four weeks from the date the appeal was received. The decision by the President shall be final.

f) Sanctions

Individuals found to have engaged in sexual harassment shall be disciplined at the discretion of the Academic Dean. At a minimum, the offender shall be reprimanded and a written record of the reprimand shall be kept in the offender’s personnel or student file. Possible sanctions include, but are not limited to, referral to educational programs, counseling, withholding promotion, reassignment, suspension without pay, financial penalties, expulsion, and termination from the institution. Sanctions shall not be imposed on an individual making a complaint of sexual harassment unless the accusation is determined to be intentionally false or made with malice.

g) Complaints Involving Those Responsible for Implementing this Policy

If the Coordinator receives a verbal or written complaint of sexual harassment made by, or against, the Coordinator or a Committee member, the Academic Dean shall appoint a new Coordinator and/or Committee member. If the Coordinator receives a verbal or written complaint of sexual harassment made by, or against the Academic Dean, the complaint shall be referred to the President. If the Coordinator receives a verbal or written complaint of sexual harassment made by, or against the President, the complaint shall be referred to the Executive Committee of the Board of Trustees.

Conclusion

This policy has been developed to ensure that all members of the St. Bernard’s community can work and study in an environment free from sexual harassment. St. Bernard’s will make every effort to a) provide periodic training and educational programs about sexual harassment for members of the St. Bernard’s community and b) ensure that all members of its community are familiar with this policy and know that any complaint received will be resolved in a prompt and thorough manner.

3. Resolution Process for Other Non-Academic Grievances (pages 67-71 of the Student Handbook)

Introduction

The Resolution Process for Non-Academic Grievances addresses those incidents committed by students that do not fall under the Resolution Process for Academic Grievances or the Resolution Process for Grievances Concerning Sexual Harassment.

Incidents that fall under this Resolution Process shall include but not be restricted to the following:

• Harassing, stalking, or hazing of another student or of an employee of St. Bernard’s or of someone affiliated with the School;
• Violations of the School’s alcohol, drugs, and substance abuse policies;
• Vandalism of the School’s property;
• Tampering with the School’s safety equipment;
• Engaging in disorderly, disruptive, or indecent conduct and/or speech;
• Making, using, or possessing any falsified St. Bernard’s document and/or official record; altering or forging any School document and/or another official record;
• Physically harming or threatening to harm another student or employee or affiliate of the School, intentionally or recklessly causing harm to another student or employee or affiliate of the School, or reasonable apprehension of such harm or creating a condition that endangers the health and safety of self, another student, or employee or affiliate of the School;
• Providing misleading, false, or inaccurate information to employees or affiliates of the School;
• Using, possessing, or storing weapons or fireworks on campuses;
• Taking of School property or the property of other students, employees, or affiliates of St. Bernard’s without permission;
• Failing to comply with reasonable directives given by employees of the School;
• Violating other written St. Bernard’s policies or regulations contained in any official publications or administrative announcements, except for those covered by the Resolution Process for Academic Grievances and the Resolution Process for Grievances Concerning Sexual Harassment.

Since some of these violations constitute violations of civil law, St. Bernard’s reserves the right to inform the civil authorities of such violations. St. Bernard’s also reserves the right to invoke its disciplinary procedures while the civil authorities engage upon their own procedures; the School’s procedures and civil procedures will proceed in independence from each other. In cases where violations of civil law occur off campus, St. Bernard’s reserves the right to exercise its discretion in taking disciplinary action in accordance with this process. If found responsible by the civil authorities for violations of civil law that occur off campus, students will be subject to the same sanctions imposed if the violation had occurred on campus.

Informal Resolution

In those situations where the incident does not contravene civil law and may be resolved through informal processes, those affected are encouraged to do so within 60 days of the incident. If the incident is not resolved through informal discussion, then the formal process will be invoked.

Formal Resolution

If an informal resolution process fails, or when the incident contravenes civil law, the following formal resolution process will be invoked:

1. Upon reception of the complainant’s charge, the Vice President will invoke the services of the Judicial Affairs Committee;
2. If the complainant is the Vice President, then a member of the Board of Trustees will act in the Vice President’s place;
3. The Committee will be made up of four members: the Vice President as chair, who, in consultation with the President, appoints one full-time faculty member, one full-time staff member, and one matriculated student. The Vice President will appoint a secretary from the Committee’s members who will be responsible for minutes of each hearing;
4. All hearings will be conducted by the members of this Committee according to established procedures and disposed of by formal written opinions;
5. At the start of a hearing, each person of the Committee introduces him/herself;
6. The student charged and the complainant are presented with copies of the hearing procedures. Should a student not appear at this hearing, the hearing will be conducted without his/her presence and a decision rendered. If the student is ill or unavoidably detained, the decision may be set aside and a new hearing held;
7. The Chair reads the charge;
8. The student makes a plea: Responsible or Not Responsible;
9. The complainant presents evidence and/or witnesses;
10. The student charged presents evidence and/or witnesses in his/her behalf;
    1. The student charged may be accompanied by an advisor who may be present during the hearing but is only permitted to advise the student;
    2. The advisor has no right of voice and is thus not permitted to question participants or present verbal statement or argument;
    3. The advisor must be a member of the St. Bernard’s community (student, faculty, staff) but may not be an attorney-at-law;
11. The members of the Committee may ask questions of the complainant and then of the student charged;
12. The complaining party may ask questions of the participants;
13. The student charged may ask questions of the participants;
14. The complaining party presents concluding remarks;
15. The student charged presents concluding remarks;
16. All are excused from the hearing room except the Committee, who will then render a decision in the case;
17. The Committee will restrict itself to information introduced as evidence during the hearing as well as a student’s past disciplinary record (if such exists) in determining whether the student is responsible or not responsible. The following will be decided by majority vote:
    1. Responsible/Not Responsible;
    2. Sanction (penalty) to be given, including special requirements or stipulations;
    3. Length of time the sanction will be in effect.
18. Decisions rendered by the Judicial Affairs Committee are submitted to the President’s office within 24 hours and all evidence and documentation will be maintained in the student’s files in the Registrar’s office;
19. The decision and sanction are announced in the presence of the student(s) charged at the conclusion of the hearing. The decision and sanction will also be submitted to the student(s) in writing by the Chair of the Committee;
20. The disciplinary hearing is adjourned.

Appeal Process

A student has the right to request an appeal of a hearing decision. The following procedures will be used in considering an appeal in student disciplinary actions:

1. Students desiring to appeal a disciplinary decision must submit a written statement with a justification for the appeal to the President’s office by 4:00 PM of the fifth business day after the day on the Committee’s decision was announced. If the student needs extra time to prepare, it may be granted at the discretion of the President if requested within 24 hours of receipt of the charge;
2. The appeal may be no longer than three typed pages and must concentrate on points of contention that justify consideration of appeal;
3. An appeal may be filed on one or more of the following grounds only:
   1. A procedural irregularity or substantive error occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias/conflict of interest or material deviation from the established procedures as outlined in this policy);
   2. Newly discovered evidence, which was not reasonably available at the time of the hearing; a summary of this new evidence and its potential impact must be explained in this appeal letter;
   3. The sanctions imposed fall outside the range of sanctions designated for this offense and the cumulative conduct history of the responding party.
4. If the appeal satisfies one of the conditions above, the President will ask the Judicial Appeals Committee to consider this appeal. Based on the evidence that is supplied in the appeal letter, the Committee will, after due discussion and by majority vote, either
   1. Affirm the original decision;
   2. Reverse the original decision;
   3. Reduce the penalty (the Judicial Appeals Committee may not increase the penalty unless additional evidence has been introduced since the original decision).
5. This decision upon the appeal and the justification for it will then be put into writing and sent to both the student and the President’s office by the Chair of the Committee. This decision will be final and cannot be appealed.

Sanctions

Individuals found to have engaged in an incident via the above process shall be disciplined at the discretion of the Judicial Appeals Committee. At a minimum, the offender shall be reprimanded and a written record of the reprimand shall be kept in the offender’s personnel or student file. Possible sanctions include, but are not limited to, referral to educational programs, counseling, financial penalties, suspension, and expulsion.

Sanctions shall not be imposed on a complainant unless the accusation is determined to be intentionally false or made with malice.