Elmhurst College E-Book 2013-2014

Page 46

facilities, complete educational assignments or if a resident student, be required to change the location of his/her room or leave his/her residence hall as part of his or her judicial sanction.

42

If a student is found responsible in an off-campus court of law, the institution may impose additional sanctions. However, it is possible for the College to find the student responsible for violation(s) of the code of conduct even if the student is not found “guilty” in a court of law. This is due to the educational judicial process being based on a preponderance of evidence, which is different than the legal requirement of evidence (guilt beyond a reasonable doubt). The College may institute its own proceedings against a student who violates a civil or criminal law on campus, which is also a violation of a published institution regulation. If a student is suspended or dismissed, he/she is required to withdraw immediately from the College. The student should understand that the College does not arbitrarily dismiss him/her; in the great majority of cases the student who is dismissed will find the College willing to reinstate him or her whenever he or she gives evidence of greater maturity and ability to assume responsibility. However, suspended or dismissed students receive no academic credit for their currently enrolled term and are fully responsible for all appropriate financial obligations. Additional Procedural Requirements in Matters Involving Alleged Violations of the Non-Discrimination/Non-Harassment Policy In accordance with the College’s Non-Discrimination/Non-Harassment Policy, the following procedures apply to matters involving alleged violations of that policy. The College reserves the right to resolve alleged violations of the College’s Non-discrimination Non-harassment Policy using the additional procedural requirements set forth below or to modify the procedures set forth in below as may be required to ensure compliance with Title IX of the Education Amendments of 1972 or other applicable law. • Standard for Determining Responsibility. The standard used to determine whether the Non-Discrimination/Non-Harassment Policy has been violated is whether it is more likely than not that the accused violated that policy. This is often referred to as a “preponderance of the evidence” standard. • Rights of Complainants and Accused Parties; Timing of Resolution. The College shall provide any individual suspected or accused of violating the Non-Discrimination/Non-Harassment Policy with a written explanation of the suspected or alleged violations of that policy. Complainants and accused


Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.