PARENT ARTICLE: A Primer on Campus Conduct Practices for Parents -  Part 2

A colleague (and parent) reminded me recently just how demoralizing, confusing, and anxiety-provoking the student conduct process can be for college students. They may experience an impulse to run to their parents for help and support – but are also wary – because they are embarrassed, anxious, and want to try to handle things on their own. 

As a dean of students, I once sat with a student who had to call her family about her being suspended. They had no idea there was even a case and it was heart-breaking to hear the sobbing student deliver the bad news – and then the context of what happened.

Just understanding how campus policies and procedures are different than legal processes can be a challenge. I have laid out some of those basic issues in the previous post. In this post I will go a little deeper into campus processes and things you should know, and consider, as a parent assisting your student.

Rights
Every campus should publish some basic student rights, in some form. These are generally broad, and include things like the right to assemble, to have protected speech, and to be entitled to a fair process when accused of violating policies. Generally, universities understand that there is a lot of learning happening outside the classroom, and they are not out “to get” their students. Administrators are usually fair-minded and simply try to balance the needs of the community against individual student needs. Due process is a legal concept that protects those accused of crimes, and facing significant consequences. In higher education, officials tend to use the term fair process instead. This is to distinguish themselves from legal processes. A fair process generally means that a student has the right to know what they are accused of doing wrong, to have access to the information that supports the allegation, the right to a hearing to answer the allegations, and often the right to appeal. It is pretty straightforward.

Hearing process
When a student is accused of a policy violation, usually it is because a campus official (such as a Resident Assistant or Campus Police Officer) has seen a possible infraction, confronted it, and submitted a report to the campus conduct or dean of students office. Those offices will notify the student that a report has been received, will outline the procedures in terms of next steps (such as meeting or reviewing the report), and lay out the hearing process. These hearings can be administrative (with one or two staff members) or can be referred to a hearing board, often made up of students, staff, and sometimes faculty members. In most cases, a student may bring a person of support with them. This can be an attorney, a parent, a friend, or a supportive faculty or staff member. Since this is the student’s process, only the student can speak during the hearing: They may not, generally, have someone, such as a lawyer, speak on their behalf.

Standards
Universities often have their policies outlined as Standards of Conduct. They are often found on-line or in the student handbook. These are, quite simply, the rules. Most common rules involve alcohol, drugs, disruptive and disorderly conduct, and harm to others.

Procedures
There are many variations across campuses regarding their processes. Some are very legalistic, technical, and detailed. Others are broader and allow for more interpretation. For parents, if your student is accused of a violation, you will want to review these. If the procedures begin with a list of terms and definitions, the process will likely be pretty technical and highly procedural. These complex procedures can be overwhelming. The best thing is to focus on relevant information for the specific situation, and not get too pulled into all of the minutiae. Most colleges have experienced staff who are used to dealing with lots of cases. Your student (maybe with you in tow) should be able to connect with someone to ask questions, receive clarifications, and be informed of the range of potential consequences. (This also shows the staff that the student is taking the process seriously.) While this is routine for officials, it isn’t for students and families. Have your questions answered, and if possible, summarize what you heard in follow-up emails.

What is the accusation?
There were three major components I used to break down at as a conduct officer, and I used to spell these out to students. The first issue is to look at what the student is accused of doing: He was smoking pot in his residence hall; She was observed allegedly hazing a teammate; They were hosting a loud party with underage drinking. This is the information included in the incident report.

What policy was violated?
Second, not all bad behavior is a violation of policy. We used to say, it isn’t against policy to be mean or be a jerk. Harassment is different and more specific. So, students need to know, what exact policy they are accused of violating. This is usually outlined in a letter of notice. Some policies have different sub-categories, so drilling down to see what is applicable is important. Perhaps the student is of age, but was supplying alcohol to minors. Knowing the alleged violation is a way to focus.

Does the evidence support the allegation?
And third, what is the evidence that supports the allegation? Perhaps there are eyewitness statements and maybe video documentation. Whatever the evidence, students should have an opportunity to review this evidence prior to a hearing, and be prepared to refute it if it is erroneous. Other times students may wish to give context to what occurred. I have been involved in many cases where a pretty clear-cut allegation was turned inside out because what a reporting party thought they saw wasn’t accurate or lacked nuance.

Consequences, or Sanctions
The outcome in a case is a finding of responsible or not responsible. If responsible, there will probably be an assigned sanction. Sanctions can range from warning or probationary status, to fines, completion of on-line courses related to the offense, or a combination of these things. In low-level cases with minor consequences, and when the student is clearly responsible, it is often best to be truthful, contrite, respectful, and move forward. In complex cases that may involve separation from the campus or referral for criminal charges, students need to be careful to not incriminate themselves. This is where a good attorney can be most helpful. They understand that keeping their client out of jail super-cedes everything else.

What are the grounds for appeal?
Many times students disgruntled with an outcome immediately ask how they can appeal. Being dissatisfied with the outcome of the case doesn’t automatically qualify for an appeal. Indeed, usually one of three conditions have to be met. These include an egregious procedural error (a student wasn’t notified of the evidence, say), new information that wasn’t available at the time of the hearing (let’s say a person comes forward who didn’t know about the case, but has a video of the incident), or a sanction disproportionate to the violation (a student suspended for their first alcohol violation, for example).

Moving forward
Following a case and its outcome, parents can help students move forward and learn from what happened. This is a good time for a conversation about the student’s educational goals and how to avoid derailing them through poor judgment in the future. It is always a good idea to stress that the student’s credibility may be questioned if they begin stacking violations. While this can all be quite stressful, some cases can also help students learn how supportive their family is when times are challenging. And that’s not a bad outcome.

About the author: David Tuttle spent over 30 years in higher education in Residential Life and Student Affairs and has sent four children to college.