Basis for Findings
All determinations of “responsible” or “not responsible” within the Student Conduct Process are based upon a preponderance of the evidence standard (“more likely than not”). In Conduct Board Hearings, a simple majority vote is required to make a decision of responsible or not responsible.
The preponderance of evidence is defined as more likely than not, meaning that the evidence and information presented during the Student Conduct Process indicate that there is simply more evidence in support of a responsible finding than there is supporting a not responsible finding.
Types of Findings
There are generally four types of findings utilized within the Student Conduct Process.
- Not Responsible: A formal finding that indicates the Responding Party did not violate the associated College policy.
- Educational Conversation: A resolution option that indicates there was a violation of College policy based on the preponderance of evidence, but was resolved informally. A finding of this type is not not considered a formal record. However, findings of this type are still recorded by the Office of Community Standards and may be referenced if a student is found responsible for a future violation of College Policy.
- Accepted Responsibility: A formal resolution option where a student accepts responsibility for a violation of College policy. Findings of this type are part of student’s formal conduct record.
- Found Responsible: A formal resolution option where a student is found responsible for a violation of College policy by a Community Standards Administrator or Conduct Board based on the preponderance of evidence, but the student either does not verbalize or put in writing their acceptance of responsibility or the student disagrees with the finding but is still determined to have violated College policy. Findings of this type are part of a students formal conduct record.
Notification of Findings
Generally, the Responding Party will be sent written notification of any findings and, when applicable, sanctions assigned as a result of the resolution process within seven business days after a Conduct Board Hearing or Resolution Panel.
Generally, a Responding Party will receive written notification of any findings and sanctions, if applicable, within 3 business days of the conclusion of a Community Standards Conference. It is important to note that a Community Standards Conference may, in some circumstances, require additional fact-gathering; thus it is not uncommon for a delay in the sharing of a final outcome. Any delays will be communicated to the Responding Party to ensure open communication related to the process.
In a case involving an alleged crime of violence that has been addressed under a Student Conduct Process (i.e., not a crime that would fall under the College’s Policy Policy Against Discrimination, Harassment & Sexual Violence), the Responding Party, as well as the Complainant or impacted party, will each be informed of the hearing findings and/or sanctions assigned, if applicable, in accordance of applicable law.
At the discretion of the Associate Dean for Campus Life or their designee, and to the extent permitted by the Family Educational Rights and Privacy Act (FERPA) and applicable law, a parent, guardian, or family member may be notified of an outcome determined through the Student Conduct Process and any correlating sanction, if applicable, under the following circumstances: responsible findings related to alcohol and other drugs and/or when a student’s College enrollment or housing status is in jeopardy, including housing removal, suspension, or dismissal or in cases where a student may be suspended or dismissed from the College.
Sanctions
Sanctions serve an important role in shaping a safe and positive community while also holding a student accountable for their decisions and their impact on the community. Through the sanctions process, a sanctioning body (i.e. a Community Standards Administrator,, a Conduct Board, a Resolution Panel, the Associate Dean for Campus Life or designee, and the Office of Community Standards) identifies and implements measures intended to stop and prevent future violations of College policy. Sanctions are designed to restore safe and positive environments, deter repeat violations, assist those impacted by the behaviors, reaffirm community expectations, and provide educational and reflective opportunities for students to take ownership of their own growth and development. A description of many of the College’s sanctions can be found in the Sanction Examples section.
The list of sanctions listed in the Sanction Examples is not intended to be an exhaustive list, but to provide a guide of the potential sanctions that may be assigned when there has been a responsible finding related to a violation of College Policy. Sanctions can be combined based on the nature and gravity of the violations for which a student is found responsible. Sanctions assigned by the College are additive and cumulative; thus, future violations of College policies may result in more significant sanctions. The sanctioning body will review and take into account a student’s disciplinary history when identifying sanctions but not when determining whether or not a violation occurred.
When a sanction is assigned to a student, it is the responsibility of the student to comply with the sanction(s) and/or complete the sanction(s) by the date assigned. Students who fail to abide by the sanction(s) and/or complete the sanction(s) as assigned are subject to additional action that may include but is not limited to, a hold on the student’s College account that will prevent class registration and/or access to transcripts.
Sanctions Examples
See below for a list of sanctions:
Index
- Verbal Warning
- Formal Warning
- Beyond the Buzz (BTB)
- Substance Use Assessment
- Reflection Paper or Video
- Reflection Meeting
- Decision-Making Workshop
- Academic Misconduct Notice
- Housing Probation
- College Probation
- Loss or Restriction of Privileges or Activities
- Restitution
- Non-Academic Suspension
- Housing Relocation
- Suspension From College Housing
- Dismissal From College Housing
- Restriction Of External Program Privileges
- Permanent Loss Of External Program Privileges
- Suspension From The College
- Dismissal From The College
- Other Appropriate Alternatives and Outcome Information
Verbal Warning
A sanction that is stated directly to the student during a Community Standards Conference, Resolution Panel, or Conduct Board Hearing and highlights that the continuation or repetition of the behavior in question may be cause for additional disciplinary action. A Verbal Warning may be issued on its own or in conjunction with additional educational or restorative sanctions. This sanction will not be notated on a student’s transcript.
Formal Warning
Written notice that serves as formal documentation of a violation. Additional behavior and/or repetitive behavior that violates College policy will result in additional disciplinary action. A Formal Warning may be issued on its own or in conjunction with additional sanctions. This sanction will not be notated on a student’s transcript.
Beyond the Buzz (BTB)
An interactive, peer-facilitated course designed to assist students in understanding the risks associated with alcohol and marijuana consumption and the impact substances can have on their college experience. More information can be found at emerson.edu/EducationClasses. This sanction will not be notated on a student’s transcript.
Substance Use Assessment
A meeting with a licensed mental health counselor or substance use educator that provides the student a safe, confidential space to explore their alcohol and/or drug use and its potential impacts. This sanction will not be notated on a student’s transcript.
Reflection Paper or Video
A reflective project that provides a student with the opportunity to share their thoughts and address questions posed by the sanctioning body. This sanction can be assigned by the sanctioning body alone, but it is also often collaborative with the student to ensure wholehearted engagement and learning. This sanction will not be notated on a student’s transcript.
Reflection Meeting
A meeting with a member of the College Community assigned by the sanctioning body to facilitate robust discussion in a more free flowing way to aid in nuanced and detailed reflection. These meetings are at the discretion of the staff member hosting them, but they typically last approximately 45-60 minutes and are hosted during the business day. This sanction will not be notated on a student’s transcript.
Decision-Making Workshop
A workshop hosted by the Office of Community Standards. The workshop is an interactive workshop designed to assist students in aligning their values, experiences, and philosophies with their decisions. The workshop will focus on critical thinking skills, reflection, and discussion and is intended to provide students with skills to enhance their success as they progress through their time at Emerson. This sanction will not be notated on a student’s transcript.
Academic Misconduct Notice
A written notice indicating that the student has been found in violation of College policy associated with academic misconduct. Students do remain in good conduct standing when issued an Academic Misconduct Notice, but future violations of academic integrity expectations may result in escalated sanctions. This sanction will not be notated on a student’s transcript.
Housing Probation
A designated period of time in which: (1) students are ineligible to arrive early or stay late in campus housing and/or use campus vacation housing; (2) a residential student may be suspended or dismissed from College housing should they be found responsible for an additional violation of any College Policy, whether during the probation period or after it has concluded
During this period, a student is considered in good conduct standing with the College. The sanctioning body will determine the length of the Housing Probation and has the discretion to assign additional conditions and/or restrictions to the Housing Probation status. This sanction will not be notated on a student’s transcript.
College Probation
This is a designated period of time when a student is not in good conduct standing with the College. College probation may be provided either with or without restrictions at the discretion of the sanctioning body. This time period is not recorded on the transcript, but may limit a student's opportunities as determined by specific programs or offices (i.e., you cannot serve in the Resident Assistant role while on College Probation, students may not be able to participate in programs at ELA or Kasteel Well, students are not eligible to be orientation leaders, etc.).
Loss or Restriction of Privileges or Activities
The loss or withdrawal of the use of services or privileges as a student or member of the community or the loss of the privilege to participate in an activity or event. Examples include but are not limited to:
- Restriction from holding positions of leadership in College recognized student groups, clubs and/or organizations, restrictions from being hired by some College departments, and restrictions on the ability to serve in leadership roles (i.e. Orientation Leader, Resident Assistant, Desk Assistant);
- Restriction from attendance at College events or activities;
- Restriction on the use of College resources, either physical or digital;
- Restrictions on entry or access to particular locations, premises, or events;
- Restriction on the ability to study abroad, including but not limited to Emerson Los Angeles and Kasteel Well, and other study abroad sites.
- Restrictions on Guest Privileges: A student’s privileges with respect to hosting guests in a residential facility may be restricted or revoked for a specified period of time or permanently, depending on the determined outcome.
This sanction will not be notated on a student’s transcript.
Restitution
Monetary payments are charged to a student’s account, or coordinated between parties, because of damage to persons or property, or the misappropriation of property. This sanction will not be notated on a student’s transcript.
Non-Academic Suspension
A designated period of time during which a student may attend only classes and other academic activities. This is a designated period of time when a student is considered not in good conduct standing with the College. Academic activities will be defined by the Office of Community Standards in communication with academic deans, or the Provost, as applicable. This sanction will not be notated on a student’s transcript.
Housing Relocation
Loss of the privilege to remain in a student’s current housing assignment. A student would be required to relocate to another housing assignment on campus. This sanction will not be notated on a student’s transcript.
Suspension from College Housing
Loss of the privilege to live in campus housing or campus-affiliated housing. Students will need to reapply for College housing at the conclusion of the suspension period, and prior to reapplication must show satisfactory completion of any conditions for return prescribed by the sanctioning body. A Suspension from College Housing is applicable to any campus-owned or -leased residences wherever located, including at all external programs. Those who fail to comply with any Suspension from College Housing conditions are considered trespassing and may be subject to additional disciplinary action. This sanction will not be notated on a student’s transcript.
Dismissal from College Housing
Loss of the privilege to live in any College housing. Dismissal from College housing is a permanent removal from housing, and the student may not reapply for housing accommodations with the College. A Dismissal from College Housing is applicable to any campus-owned or -leased residences wherever located, including at all external programs. Failure to comply with any Dismissal from College Housing conditions are considered trespassing and may be subject to additional disciplinary action. This sanction will not be notated on a student’s transcript.
Restriction of External Program Privileges
Indicates that a student is no longer eligible to participate in any External Program for a defined period of time. As a condition of the Restriction of External Program Privileges, students are not permitted to visit any external program location without written authorization from the Office of Community Standards or their designee. Students will be eligible to reapply for reinstatement of their External Program privileges upon the conclusion of the restriction period and upon completion of any conditions for reinstatement prescribed by the sanctioning body. Students who fail to comply with this sanction may be subject to additional disciplinary action, including permanent loss of External Program privileges. This sanction will not be notated on a student’s transcript.
Permanent Loss of External Program Privileges
Indicates that a student is no longer eligible to participate in any External Program for the duration of their time at Emerson College. As a condition of Permanent Loss of External Program Privileges, a student is not permitted to visit any External Program location without written authorization from the Office of Community Standards or their designee. Failure to comply with the conditions of this sanction may result in additional disciplinary action. This sanction will not be notated on a student’s transcript.
Suspension from the College
Defined period of time that a student cannot attend Emerson College or be present on property that is owned, leased, operated, or controlled by Emerson College or at an Emerson-sponsored event, whether on or off campus. Students will be eligible to reapply to the College at the conclusion of the defined suspension period, but prior to readmission students must satisfactorily complete any and all conditions for return as prescribed by the sanctioning body. Failure to comply with the suspension conditions is considered trespassing and the student may be subject to additional disciplinary action. During the suspension period, a student is not considered in good conduct standing with the College. This sanction will be notated on a student’s transcript.
Dismissal from the College
Requires that the student completely sever any connection with Emerson College. The student is not considered in good conduct standing, may not reapply for admission to the College, and may not be present on property that is owned, leased, operated, or controlled by Emerson College or at an Emerson-sponsored event. Failure to comply with the conditions of dismissal is considered trespassing and may subject students to arrest. This sanction will be notated on a student’s transcript.
Other Appropriate Alternatives and Outcome Information
Some alternative outcomes may include, but are not limited to, assignment of educational projects or meetings, referral to other offices or departments, letters of apology, specialized restorative projects, restriction of College privileges including but not limited to the restriction from College facilities or programs, and administrative directives. These sanctions will not be notated on a student’s transcript.
Room, Board, and Tuition Refunds: Students required to relocate within campus housing or vacate the residence halls and/or the campus as a result of disciplinary action will not be eligible for a refund of tuition, housing, board, or other charges regardless of the date of removal.
Delay in Awarding Degrees: The College reserves the right to delay the awarding of any degree in instances in which there is a pending Student Conduct Process or other ongoing process for a College policy violation involving that student.
Withholding Awarding Degrees: The College reserves the right to withhold the awarding of any degree due to a responsible finding related to a violation of College policy.
Degree Revocation: The College reserves the right to revoke a person’s degree if the finding and/or assigned sanction from a Student Conduct Process or other College policy violation would have caused the student to be ineligible to receive the degree at the time of the incident.
Common Sanctions: There are common sanctions that correspond with certain violations of College Policy. Common sanctions for violations of the Academic Misconduct Policy are detailed in Academic Misconduct Policy and common sanctions for the Alcohol and Other Drugs Policy are detailed in the Alcohol and Other Drugs Policy. These are not mandated sanctions and are intended to provide a general idea, all sanctions are depending on individual situations.