Process for Student Organization Violations

I. General

A. General Information
The Department of Student Activities or the appropriate governing bodies typically handle minor student organization violations or conflicts; however, certain violations may be handled by Baylor's Student Organizations Judicial Board due to the nature of the violation. Cases that involve hazing or alcohol related allegations are two examples.

B. General Expectations for Student Organizations
The recognition of a student organization represents University endorsement and approval of the goals and purposes of that organization as being consistent with and in support of the goals and mission of Baylor University. It is the University's preference for student organizations to handle violations internally (within their membership); however, if the University feels that an organization has not sufficiently addressed a problem, the University reserves the right to take action and determine sanctions for the organization.

C. University Related Activities Defined
It is important to understand that when dealing with allegations of student organization violations, the University defines a "university related activity" as:

A "university related activity" is any activity sponsored by the University or by any organization recognized by the University.

The degree to which an organization is responsible for the activity of its members is not necessarily dependent upon the number of members engaging in the activity, but depends upon whether the activity is related to the organization as described in the two categories listed below. Student organizations may be held responsible for the acts of individual members:

• when the acts grow out of, or are directly related to, the student organization's activities or an environment created or knowingly permitted by the organization; or

• when a member of an organization is violating local, state, or federal law or University regulations and other members present, by failing to discourage such activity, tacitly condone the behavior. In addition to the group being held responsible, members and officers may also be held responsible as individuals for their roles in any violation of University policy."

II. Authority and Responsibility for Student Organization Disciplinary Matters

A. Student Organizations Judicial Board
The Student Organizations Judicial Board is responsible for hearing serious allegations of student organization violations. The Judicial Board receives evidence of alleged violations in cooperation with the Dean for Student Development. The Judicial Board is composed of:

1. Student Members
There are seven student representatives on the Board: a Student Court justice recommended by the student body president, a student who is a member of an Interfraternity Council (IFC) organization, a student who is a member of a Panhellenic Council (PHC) organization, a student who is a member of a National Pan-Hellenic Council (NPHC) organization, a student who is a member of a Multicultural Greek Council (MGC) organization, and two students who are members of other student organizations not represented by the organizations listed above.

The vice president for student life appoints the student members of the Judicial Board to one year terms and appoints one of the student members as the Judicial Board vice chair.

2. Faculty and Staff Members There are three faculty and staff representatives on the Board: the Dean for Student Development and two student organization advisors.

The dean for student development, or his or her designee, will serve as the judicial board chair. The vice president for Student Life will appoint the two advisors to a one year term.

B. Director of Student Activities
The director of student activities is responsible for the oversight of all student organizations and may handle minor violations.

C. Dean for Student Development
The dean for student development is the person appointed by the vice president for student life to be primarily responsible for investigating all serious allegations of student organization violations. Serious allegations might include, but are not limited to, hazing, making alcohol available to minors, and criminal mischief. The dean for student development or his or her designee conducts investigations in cooperation with the Student Organizations Judicial Board.

D. Vice President for Student Life
The vice president for student life is responsible for the overall coordination of rules and regulations regarding student organizations. The vice president may assign a designee to act in his or her stead. The vice president reserves the right to determine if a case should be handled by Baylor University Student Life administrators rather than the Student Organizations Judicial Board when in the vice president's sole discretion he or she believes that the circumstances warrant such action.

III. Preliminary Procedures

A. Report of Charge
A person wishing to report an allegation shall notify the chair of the Judicial Board. The chair shall evaluate the report with the vice chair of the Judicial Board by examining the facts regarding the alleged violation. If the initial evidence suggests that a serious violation may have occurred, and the chair and vice chair believe an investigation is warranted, a charge letter will be sent to the student organization.

B. Charge Letter
Once a report has been received and reviewed that indicates members of an organization were involved in an activity (official or unofficial) where a serious violation may have occurred, a "charge letter" will be delivered to the president of the organization (or the team captain in the case of a sport club), the advisor, and the national organization if applicable. In the charge letter, the president or team captain will be asked to conduct an investigation into the matter and report those findings to the chair and vice chair within a specified period of time.

C. Organization's Investigation & Report
Organizations are advised to include the facts regarding what actually occurred (failure to disclose information can result in additional charges or more severe sanctions). If a violation has occurred, the organization should discuss what action has been, or will be, taken within the organization to prevent such an incident from being repeated in the future. Organizations should make certain to list the names of all individuals involved.

After the president or team captain has conducted an investigation into the matter, the president or team captain will submit a report indicating the findings of their investigation to the chair and the vice chair of the Judicial Board. If the chair and vice chair determine that additional investigation is warranted, the chair will notify the involved parties and communicate what additional evidence or witnesses are requested.

D. Review and Decision by the Judicial Board
The chair of the Judicial Board will call a meeting of the Board. The Judicial Board will review information regarding the alleged charge(s) and the investigative report submitted by the organization. The Judicial Board will then determine one of the following:

1.) The alleged violation is not substantiated and no further action is necessary;

2.) The alleged violation is substantiated and the action taken by the organization is sufficient; or

3.) The alleged violation is substantiated and sanctions, or additional sanctions, will be determined by the Judicial Board.

If the alleged violation is determined to be unsubstantiated, the Judicial Board will deliver a letter to the president or the team captain, the advisor, and the national organization if applicable, indicating that the charge(s) has been dismissed.

If the alleged violation is determined to be substantiated, the Judicial Board will deliver a letter to the president or team captain, the advisor, and the national organization if applicable, indicating one of the following:

1) The Board believes that the student organization has taken sufficient action to address the issue (assuming sufficient follow through occurs); or,

2) The internal actions appear insufficient and the Board believes that specific sanctions are necessary, in which case, the Board will set sanctions and deliver the sanction letter to the president or team captain, the advisor, and the national organization if applicable. While some sanctions may be punitive in nature, often sanctions are administered to be educational or developmental for the organization.

Often, the University will only take action against the organization as a whole; however, depending on the violation(s), the University reserves the right to proceed with individual disciplinary action if it is deemed that student misconduct has occurred as defined by the Student Disciplinary Procedure.

IV. Standard of Proof

In determining whether or not a violation has occurred, the Judicial Board will use the preponderance of evidence standard of proof. A preponderance of evidence means such evidence as, when considered and compared with that opposed to it, has more convincing force and produces in the minds of the Board members the belief that the alleged violation more likely occurred than not.

V. Appeal Process

An organization against which sanctions have been imposed may, if the organization feels that either the decision that a violation occurred or the sanctions are inappropriate, appeal the decision or sanctions.

If the student organization believes that there is substantial evidence that the decision rendered was arbitrary or capricious, or that the sanctions imposed are inappropriate, the president or the team captain may appeal to the vice president for student life, and the vice president, or his or her designee, shall consider the request. The request shall be made in writing within three school days of the organization receiving the decision and sanctions. The vice president for student life shall review the case and may confer with the chair of the Judicial Board, and with any party or witness he or she deems advisable. If the vice president finds substantial evidence exists that the decision rendered regarding whether a violation occurred was arbitrary or capricious, he or she may reverse the decision. Otherwise, the vice president for student life shall affirm the decision. In reviewing the appeal of sanctions, the vice president shall, based upon the review with the chair of the Board, decide to:

a) Let the sanctions stand;
b) Modify the sanctions or impose different sanctions; or
c) Suspend the sanctions.

The decision of the vice president for Student Life is final.

VI. Procedures Applicable to the Judicial Board

1. Disqualification
A member of the Judicial Board shall disqualify himself or herself if he or she feels that, in reaching a decision as to whether or not a violation occurred, he or she cannot act on the weight of the evidence without bias or prejudice. If the student organization is aware of some fact which would disqualify a member of the Judicial Board, it should notify the chair of the Board. If the chair determines that the member should be disqualified, the vice president for student life shall appoint a replacement with the same or similar membership qualifications as the disqualified member.

2. Judicial Board Rules
The Judicial Board may adopt specific procedural rules for hearings, provided such rules are not inconsistent with University standards for hearings. These rules may provide for the recess of a hearing if the chair feels that a break is needed due to the length of time the hearing has proceeded.

3. Judicial Board Hearing Date The Judicial Board will make a reasonable effort to meet to hear the case within ten school days after the student organization has submitted its investigative report or within a reasonable amount of time if the hearing timeframe would fall during a University holiday, break in the semester(s), during the summer months, or until a quorum of the Board is available.

4. Quorum A quorum for a hearing is two faculty and/or staff members and three student members. All decisions must be by a majority vote.

5. Confidentiality
All members of the Judicial Board must sign a confidentiality agreement at the beginning of each academic year in order to serve on the Judicial Board. All proceedings conducted before the Judicial Board must be kept confidential by the Judicial Board. At the conclusion of all proceedings regarding a specific matter, the chair of the Judicial Board is the sole spokesperson for the Board and is permitted to communicate regarding any findings, conclusions and sanctions, or any other matter as he or she deems appropriate.

6. Who May Attend
Only members of the Judicial Board may attend the hearing unless witnesses or other involved parties are asked to appear. Witnesses or other involved parties who are asked to appear before the Board may only be present during times determined by the chair. Lawyers representing the student organization or the University or witnesses are specifically prohibited from attending any portion of the hearing.

7. The Hearing
The Judicial Board is presided over by the chair. The chair is in charge of the hearing and has broad discretion. The chair shall exercise control over the conduct of all persons participating in the hearing. The chair shall act as a hearing examiner by developing the facts and evidence necessary to enable the Board to make a decision as to whether or not a student organization violation occurred. In so doing, the chair may exclude irrelevant, immaterial, and unduly repetitious evidence.

In order to clarify issues, resolve inconsistencies or conflicts in information, or to ascertain facts, each member of the Board may ask questions of any person appearing before the Judicial Board.

8. Evidence
In order to preserve the objectivity of the members of the Judicial Board, no person may present evidence regarding a case to a member of the Board prior to a hearing.

The chair may present information regarding past violations of the organization if such evidence shows a pattern of behavior that has bearing on the case being heard.

9. Failure to Appear
The burden is on the student organization to have its witnesses present at a hearing when requested by the Judicial Board.

VII. Types of Sanctions

A. Warning
Written warning to the student organization that members of the organization have engaged in misconduct by violating University rules, regulations, or policies and that continuation or repetition of misconduct may result in more severe sanctions.

B. National Office Notified
Notification of the offense and sanctions sent to the organization's national office (if applicable).

C. Probation
Written notice explaining the serious nature of misconduct and outlining the terms of probation. It is possible for the terms of probation to include other requirements or restrictions including, but not limited to, community service, fines, educational classes or initiatives, and/or prohibition from participation in social and co-curricular activities.

D. Restitution
Requirement to reimburse or otherwise compensate another for damage or loss of property resulting from a student organization's misconduct.

E. Eviction
Restriction or removal from campus facilities as designated in a written notification.

F. Suspension
Termination of the student organization's status at the University for a specified period of time.

G. Revocation of Charter
Termination of the student organization's status at the University permanently or for an indefinite period of time. This sanction will be automatically appealed to the vice president for student life.

EXAMPLES OF SANCTIONS FOR ALCOHOL VIOLATIONS

In all cases, the nature of the violation will determine the sanctions administered. For example, a student organization may be suspended for a first offense. The sanctions listed below are simply informational in nature to give student organizations a general idea of the types of sanctions that may be administered.

1st Offense

• Probation for one semester
• National office notified of the incident (if applicable)
• $500 fine (to be given to the University for alcohol education)
• In cases of alcohol violations, the group may be required to propose an alcohol awareness program/speaker for their organization and the campus (to be approved by the administration) or the group may be required to attend a victims impact panel.

2nd Offense

• Probation for one calendar year
• National office asked to come and investigate (if applicable)
• Provide a report regarding what the organization is doing to address the use of alcohol at gatherings
• $1000 fine (to be given to the University for alcohol education)
• No social activities (or competitions in the case of sport club) for one semester

3rd Offense

• Placed on notice that the charter will be suspended with another violation national office notified again (if applicable)
• $2000 fine (to be given to the University for alcohol education)
• No social activities (or competitions) for one year
• No new members during the next recruitment period

4th Offense

Student organization suspended

EXAMPLES OF SANCTIONS FOR HAZING VIOLATIONS

In all cases, the nature of the violation will determine the sanctions administered. For example, a student organization may be suspended for a first offense. The sanctions listed below are simply informational in nature to give student organizations a general idea of the types of sanctions that may be administered.

1st Offense
Depending on the nature of the violation, more severe sanctions may be administered on the first violation.

• Probation for one year
• National office notified of the incident (if applicable)
• $500 fine (to be given to the University for hazing prevention education)
• Required to provide a report outlining the organization's plan to educate the members about hazing
• Mandatory attendance by all members at an educational seminar (specifics to be detailed in the sanction letter)
• The new member program will be reviewed with the director of student activities (or his or her designee) prior to the next recruitment period.
• No new members during the next recruitment period
• Restriction of activities as specified in the sanction letter

2nd Offense

Depending on the circumstances, a second violation may result in a suspension.

• Probation for two or three years
• National office asked to come and investigate (if applicable)
• $1000 fine (to be given to the University for hazing prevention education)
• Required to provide a report outlining the organization's plan to educate the members about hazing
• Members must attend an educational seminar or the organization may be required to present a special seminar for their members (specifics to be detailed in the sanction letter).
• No new members during the next recruitment period
• The new member program will be reviewed with the director of student activities (or his or her designee) prior to the next new member program.
• The organization's president or team captain must meet with the director of student activities (or his or her designee) at least once a month for the next semester to provide an update on the progress of the organization.
• Restriction of activities as specified in the sanction letter
• Placed on notice that the charter will be suspended with another violation

3rd Offense

Student organization suspended

Policies to Review
Organizations are encouraged to review the Policies for Student Organizations and the General Expectations of Baylor Students as defined in the Student Disciplinary Procedure. All of these items may be found on the Baylor website under Student Policies and Procedures.

Questions
If organizations have questions regarding this document or other information related to student organization violations, they should contact the dean for student development at 710-1020 or the director of student activities at 710-2371.

Modified 9-11-02; 11-05-04; 7-26-2005