ARTICLE IV: Judicial Policies

A. Interim Suspension

1. In certain circumstances, the DOS or designee may impose an interim suspension for the following three reasons:
a. To ensure the safety and well-being of members of the College community or to preserve College property; 

b. To ensure a student’s own safety or well being; or

c. If a student poses a threat of disruption or interference with the normal operations of the College.

2. During the interim suspension, a student may be denied access to College activities, facilities and/or classes or other privileges for which the student might otherwise be eligible, as the DOS or designee may determine to be appropriate.

3. The interim suspension or altered privileges shall remain in effect until a final decision has been made regarding pending complaints or until the DOS or designee determines that the reason for imposing the interim suspension no longer exists.

B. Complaints & Hearings

1. Any member of the Canisius community may file a complaint against a student for alleged violation of the Community Standards. All complaints shall be in writing and directed to the appropriate Associate Academic Dean or DOS or designee. Complaints may be filed via incident reports, Public Safety reports, Police Reports or Neighborhood Disturbance Reports, among others. All complaints should be filed as soon as possible after an alleged violation of the Community Standards. However, the College is not required to re¬spond to any allegations within a prescribed time limit.

2. The adjudication process for all other violations of the Community Standards is outlined in Appendix B and Appendix C. Normally, the DOS shall assign a hearing officer for a conduct conference or convene a hearing panel, drawn from the membership of the Community Standards Board, based upon the sever¬ity of the alleged violation of Community Standards. A complaint filed with the DOS shall normally be directed to a hearing panel if it fulfills one or more of the following criteria:
i) the potential sanction falls within items l, m, n, and o of Article IV, Section C; (although a lesser sanction may be imposed);

ii) the alleged violation has wide ranging community implications;

iii) the alleged violation has not been previously encountered within the College community; However, the DOS or designee may choose to hear any case as a conduct conference and may impose any sanction(s) listed in Article IV, Section C.

3. The conduct conference hearing officer shall make a determination of responsibility for the alleged
violation and, if appropriate, may impose sanction(s) found in Article IV, Section C.

4. The hearing panel shall make a determination of responsibility for the alleged violation and impose any sanction(s) listed in Article IV, Section C.

5. Decisions made by the Conduct Conference Hear¬ing Officer (HO), Hearing Panel, DOS or designee shall be final except in the case of suspension, expul¬sion, or degree revocation which may be appealed to the VP of Student Affairs.

6. The judicial process is intended to provide the student an opportunity to respond to allega¬tions of violations of the Community Standards, thereby enabling the HO to make an informed decision about responsibility and appropriate sanctions. However, if a student fails to respond to three communications (in the form of written notification, telephone, e-mail, or oral requests)attempting to schedule a meeting, or fails to attend a scheduled meeting, a decision based upon available information may be rendered in absentia.  No student may be found to have violated the Community Standards solely because the student failed to appear.

7. In some rare situations, where the behavior is sufficiently egregious or warranted by institutional interests, the DOS may institute formal proce¬dures even though the original complainant does not personally wish to, or is not able to proceed. In such cases the DOS shall submit the formal complaint and recuse herself/himself from any further role in the adjudication.

8. Any violation of the Community Standards us¬ing computer networks, including, but not limited to, harassment, threats or hate related postings in chat-rooms, through weblogs, sent by email, instant messaging or posted in online social networks such as Facebook; copyright violations via downloading; stalking; or posting images depicting any other type of policy violations shall be addressed in the same manner as the equivalent violation conducted in an non-virtual environment.

C. Sanctions

1. One or more of the following sanctions may be imposed upon any student found responsible for violating the Community Standards:
a. Warning — A written or verbal notice to the student that the student has been found responsible for violating Community Standards.

b. Fines — A monetary fee may be imposed.

c. Restitution — Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.

d. Discretionary Sanctions — Work assignments, community service, participation in or completion of College service or program, service to the College and/or other related discretionary assignments. 

e. Educational Program or Project — Participation in or completion of a program or project specifically designed to help the student understand why the Community Standards violation was inappropriate.

f. Loss of Privileges — Denial of specified privileges for a defined period of time. (e.g. guest, computer, housing selection, residence hall visitation, dining services, representing the College, co-curricular activities, athletics participation, work study).

g. Residence Hall Probation — A written reprimand for violation of Community Standards. Probation is for a defined period of time and includes the probability of more severe disciplinary sanctions if the student is found responsible for violating any Community Standards during the probationary period.

h. Administrative Relocation— Requirement to relocate within the residence hall system on a space-available basis.

i. Residence Hall Suspension — Separation of the student from the residence halls for a defined period of time, after which the student is eligible to return. Conditions for readmission may be specified.

j. Residence Hall Expulsion — Permanent separation of the student from the residence halls.

k. College Probation — A written reprimand for violation of specified Community Standards. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found responsible for violating the Community Standards during the probationary period.

l. College Suspension — Separation of the student from the College for a defined period of time, after which the student is eligible to return. Conditions for readmission may be specified.

m. College Expulsion — Permanent separation of the student from the College.

n. Revocation of Admission and/or Degree — Revoking admission to or a degree awarded from Canisius for fraud, misrepresentation, or other violations of Community Standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.

o. Withholding Degree — Withholding awarding a degree otherwise earned until the completion of the process set forth in the Community Standards including the completion of all sanctions imposed, if any.

2. The proper College authorities shall be notified of any sanction. Parent(s)/guardian(s) shall be notified of alleged violation of the Community Standards and/or sanction(s) when deemed appropriate.

3. Sanctions shall not normally be made part of the student’s permanent record except for suspension and expulsion. In cases where notation on the official transcript, suspension, or expulsion is imposed, the file shall be retained as part of the student’s permanent record. All other disciplinary records shall be kept in the student’s confidential file (paper copy and/or electronic) maintained with the DOS and/or Office or Residence Life for a period of seven years after separation from the College.

4. In situations involving both a respondent(s) (or group or organization) and a complainant(s), the records of the process and of the sanctions imposed, if any, shall be considered to be the education records of both the respondent(s) and complainant(s).

5. All appropriate sanctions may be imposed upon groups and organizations. Groups and organizations may further receive the sanction of deactivation, resulting in a loss of College recognition for a specified period of time.

6. Failure to abide by or complete any sanction shall result in a separate violation for an abuse of the judicial system.