Due Process & Disciplinary Procedures

The procedures contained herein protect the rights of students at Castleton and are followed in all University disciplinary hearings. Students are responsible for knowing and following these procedures.

I. Temporary Suspension

When a student is determined by the President or his/her designee to present a threat to person, property, or academic environment, the President or his/her designee may impose immediate temporary suspension pending disciplinary proceedings. The terms of the suspension are to be stated in writing and may involve either complete or partial suspension. Subsequent disciplinary proceedings shall be expedited so that the period of suspension may be as brief as possible. In cases in which criminal charges are possible or pending, the University need not postpone student disciplinary proceedings until after the outcome of the criminal matter. See also related “Policy for Mandatory Leave.”

II. Complaints/Allegations of Violations

When a Castleton student or employee has a complaint against a Castleton student or believes a student has violated one or more University policies, he/she may discuss the matter with the Dean of Students or designee and may file a complaint. The Dean or designee may also receive information from other sources (e.g. a newspaper article, referral from local law enforcement, or complaint from a Castleton town resident) and treat such information as a complaint.  

If following investigation of a complaint, the Dean of Students or designee determines that a violation may have occurred and that a disciplinary procedure is in order, the Dean of Students or designee shall provide the charged student with a written notice of the alleged violation. This notice shall be presented in person whenever possible. In lieu of in-person delivery, notice of an alleged violation, and the hearing in connection therewith may be sent through campus mail, campus electronic mail or, in matters of serious allegations shall be sent to the student via registered mail. The notice shall include:

  1. a statement of the charge(s), including the nature and circumstances of the                                                alleged offense;
  2. the date, time, and place of the hearing;
  3. the name of the person to contact to read the report(s) pertaining to said allegations of violations; and
  4. a copy of, or link to, the due process and disciplinary procedures in effect at that time.

The hearing date shall be set no sooner than five days after receipt of notice of an All-University Hearing Committee or Dean’s Hearing and no sooner than two days after receipt of notice of an Administrative hearing or a Peer Conduct Board hearing. If a student fails to appear for a hearing, the disciplinary matter may be adjudicated in his/her absence.

 

III. Disciplinary Hearings

In all cases, adjudicators will apply the “preponderance of evidence” standard to determine whether a policy violation has occurred. The “preponderance of evidence” standard means that, upon careful review of all evidence presented, it is more likely than not that a violation occurred.

In any/all conduct processes, all parties involved have the right to an advisor of their choice.

Disciplinary matters will be adjudicated by means of one of the following three types of disciplinary hearings.

A. All-University Hearing Committee or Dean’s Hearing

Matters involving allegations serious enough to result in dismissal from the University will be heard by the Dean of Students (or designee), or by an All-University Hearing Committee comprising a University administrator appointed by the President or his/her designee, a faculty member appointed by the President of the Faculty Assembly, and a student appointed by the President of the Student Government Association. The administrative representative shall be the presiding officer of the disciplinary hearing. Each member shall have an equal vote, and a majority shall be required for a decision.

All hearings will be closed to the public in order to protect the confidentiality of those involved as well as the integrity of the process. The accused student shall be informed at the beginning of the hearing:

            (a) that the student is not required to make any response;

            (b) that the student has the right to have an advisor present but that the advisor may speak only to the student;

            (c) that the student has the right to confront and ask questions of witnesses through the panel; and

            (d) that the student has the right to present witnesses and/or evidence.

Under normal circumstances, the accused is informed of the outcome of the hearing before the hearing is adjourned. To the extent permitted or required under federal law, the University may make public disciplinary findings to the victim or campus community.

B. Administrative Hearing

Matters involving allegations of less serious infractions may be reviewed at a disciplinary hearing with the Dean of Students or designee. The accused student will be presented with the charges against him/her and the evidence for those charges, and will be given the opportunity to respond to the charges and evidence as well as to present evidence and question witness statements in his/her defense. Under normal circumstances, the accused is informed of the outcome of the proceeding at the conclusion of the hearing.

C. Peer Conduct Board

The Dean of Students may delegate less serious matters to a duly constituted peer conduct board composed of members of the SGA Student Court. The accused student will be presented with the charges against him/her and the evidence for those charges and will be given the opportunity to respond to the charges and evidence as well as to present evidence in his/her defense. Under normal circumstances, the accused is informed of the outcome of the proceedings at the conclusion of the hearing. This body is required to abide by written principles governing the conduct of hearings.

 IV. Outcomes

Outcomes may include but are not limited to, fines; restitution; housing probation or termination of contract; disciplinary probation; suspension; and dismissal. Only the All-University Hearing Committee or Dean of Students may impose the penalties of suspension or dismissal. Additional outcomes such as counseling, therapy or treatment may be imposed.

A student who is dismissed from the University for disciplinary reasons may not enroll in any course offered by Castleton. Dismissed students may seek, but are not guaranteed, readmission to Castleton. To be readmitted a student is required to submit a new application form and all credentials requested to complete the admission folder. The decision to readmit will normally be made by the Director of Admissions in consultation with an Academic Dean and the Dean of Students. A dismissal will be noted on a student’s transcript.

 

A student who is suspended from the University for disciplinary reasons may not enroll in any courses offered by Castleton for a specified period (not more than two academic semesters from the date of precipitating incident) unless specifically approved by the Dean of Students. If additional requirements (e.g., counseling) are imposed during the suspension period, the suspension will continue until the requirements have been completed.

 

A student who is placed on disciplinary probation may not represent the University publicly in a leadership capacity in intercollegiate athletics or any recognized student organizations for a specified period of time. This means that the student may not hold a leadership position (i.e., be a team captain or club officer). A student is encouraged to participate in these activities if otherwise eligible; they are only barred from taking a leadership position. Failure to complete the terms of probation and/or further violations of the code of conduct while on disciplinary probation could result in more serious discipline.

 

A student who is placed on housing probation will meet with the Director of Residence Life, and/or a designated administrator in the Residence Life Department if he or she is documented for a violation of University policy during the duration of the probationary period.  If a student violates University policy while under housing probation, he or she is subject to the termination of his or her housing contract and eviction from the residence halls.

 V. Appeals

Written requests for an appeal shall be made to the designated appeals officer within seven calendar days of the issuance of hearing body's written decision. The written request for appeal shall specify the grounds for the appeal, including specific supporting factual or legal arguments, which may address one or more of the following:

  1. that the student's procedural rights were violated,
  2. there was no substantial evidence supporting the decision,
  3. the hearing body misapplied the governing standards in reaching its decision,
  4. newly discovered evidence could change the outcome of the proceedings, or
  5. the penalty is disproportionate to the offense.

Failure to specify a ground for appeal may result in dismissal of the appeal. After review of written

appeal and all documents used in the hearing process, the appeals officer may affirm the decision of the hearing body, reverse the decision, modify the penalties, establish a new committee to consider the case, or return the case, with specific questions to consider, to the original hearing body for further investigation and reconsideration. The appeals officer shall mail the notice of the decision to the individual who initiated the appeal. The decision of the appeals officer is final.