Student Handbook
Discipline
Philosophy
Every student at John Brown University not only has student rights but also student responsibilities. The “Expectations” on the preceding pages are responsibilities governing all students. Students who live in the residence halls are subject to additional responsibilities. (See Residence Life for residence hall regulations.)
Failure to meet those responsibilities may result in formal discipline. The processes outlined here are designed to handle infractions as expeditiously, wisely, and fairly as possible. Throughout the process, the aim is to be redemptive and move toward reconciliation by giving direction and encouragement to desirable behavior.
The underlying principle of discipline at JBU is the assumption that discipline may be equated with guidance toward Christian goals and, ultimately, toward self-discipline. Discipline consists of encouraging desirable attitudes and behavior. The university expects students to conduct themselves both on- and off-campus (including breaks during the semester, e.g., Thanksgiving and Spring) in accordance with their commitment to the university’s lifestyle expectations and may discipline or dismiss any student who, in its judgment, fails to do so. Students in the traditional undergraduate program are called to abide by the community expectations during their enrollment dates each semester. In addition, they are to abide by the Community Covenant and Student Handbook outside of enrollment dates while living in the residence facilities, and participating in study abroad programs, summer sessions, and other JBU-sponsored trips or activities.
Rumors and hearsay are a fact of life on a small college campus. The Student Development staff will not make a decision that affects a student’s status at the university based solely on rumors. On the other hand, rumors will be addressed. We believe rumors are detrimental to the community, and issues resulting from rumors will be addressed in a manner deemed appropriate. Although various persons and processes are involved in discipline at JBU, the final responsibility for the student’s discipline process rests with the Vice President for Student Development.
Discipline Process
Ideally, deviations from community expectations are best handled among peers using the redemptive model found in Matthew 18:12-17. We understand this scripture to mean that individuals care enough about each other to confront - one student to another - as the first step in dealing with conflict. If the behavior does not change appropriately, it is the obligation of community members to enlarge the circle of confrontation. At this point, members of the Residence Life staff become involved. Those situations of serious consequence to the individual or the campus community may call for an immediate response by a staff member. Student Development staff members will make that determination in consultation with the Dean of Students in such cases. Most disciplinary responses are initiated by an incident report completed by a Residence Life staff member. The incident report is routed to the Resident Director and then, if necessary, to the Director of Residence Life/Dean of Students for appropriate action. Incident reports will be placed in the Student’s Student Development file. Resident students charged with misconduct will be interviewed by their Resident Director to determine if judicial procedures are necessary. Residence hall violations such as fireworks, water fights, and noise violations will be handled by the Resident Director (RD) or the Resident Assistant (RA) in conjunction with the RD. If necessary, the RD may refer the student’s situation to the Dean of Students. The Dean of Students or the All-Campus Judicial Appeal Board will adjudicate “significant” violations, such as the use of alcohol, drugs or sexual misconduct. In addition, repeated violations in one semester will likely lead to the violation being handled by the Dean of Students. Discipline proceedings will use the preponderance of the evidence standard. Simply, it is more likely than not that the incident occurred. Resident students whose situations have been referred to the Dean and all off-campus students charged with infractions will be handled in the following manner:
The student(s) will have a hearing with the Dean of Students and/or Residence Life Staff. Based on the available information, the Dean of Students will make a determination concerning a judicial response. Judicial proceedings under the direction of the Dean of Students may include input from at least one additional staff member.
If a student’s discipline may include suspension or dismissal, the Dean of Students will include at least one Judicial Appeal Board member in the decision-making process when possible. The designated Judicial Appeal Board member will then be excluded from the specific student’s review or appeal. In addition, suspensions and dismissals may be reviewed by either the Judicial Appeal Board for recommendation to the Vice President for Student Development or for final review by the Vice President for Student Development at the student's discretion.
Appeals Procedure
All testimonies and information gathered by the university in disciplinary cases can and will be shared between Student Development staff and Title XI investigators, the Title IX discipline process and appeal are separate and different (see Title-IX).
Students wishing to appeal a disciplinary decision must submit a written appeals request (email communication is acceptable) to the Vice President for Student Development within forty-eight (48) hours of the student being informed of the decision. Student Development discipline appeals will be permitted only if one of the following occurred and is outlined in the written request: 1) a procedural error or irregularity which materially affected the decision; 2) new evidence not previously available which materially affected the decision; or 3) bias where it can be clearly demonstrated that the facts were altered resulting in discriminatory action. The burden of proof lies with the student making the written appeal. The written appeals request must show clear and convincing evidence relating to at least one of the above reasons for an appeal. Only one appeal is permitted. The Vice President or his/her proxy shall determine whether the request is for valid cause. The Vice President reserves the right to also grant an appeal based upon his/her best judgment.
All appeals will be heard by either the All-Campus Judiciary Committee (consisting of faculty, staff and students) for review and recommendation to the Vice President for Student Development or may go directly to the Vice President. Generally, this decision will be based upon the timing of the request, the student’s preference or if the Vice President believes it is in the best interest of all parties. In any scenario, the final decision rests with the Vice President. When possible, a student’s case must be heard within seven days of the appeal request. Please be mindful that convening the Judiciary Committee on short notice is difficult, and every effort will be made to solidify the attendance of as many committee members as possible. The student may request, in writing, up to a seven-day postponement of his or her appeal’s hearing. Individual Judiciary Committee members may opt out of participating in a particular appeal based on their relationship with the student.
The Vice President will lead the hearing. The disciplinary representative from Student Development will have time to present the rationale for the discipline, and the disciplined student will have time to present the appeal. In addition, the student may also ask a representative from inside the JBU community (i.e., a fellow student or a faculty/staff member) to accompany the student as a support or to provide relevant testimony. The student must inform the Vice President at least 12 hours before the hearing of an intent to bring a support person. It is the responsibility of the student to communicate with the support person the role they have and any relevant information regarding the meeting (i.e., time, location and role). The support person will be given time to share relevant testimony. The hearing is closed to all other individuals, including attorneys. The student, a support person and the Student Development disciplinary representative may be present throughout all presentation of testimony and evidence at the hearing. Once relevant testimonies from all parties are concluded, the Vice President will provide the Judiciary Committee with deliberation time to render a decision apart from the oversight of the Vice President. The Vice President will work to render the final decision within a 48-hour time period after the hearing.
The student will not be eligible to represent the university in any curricular or co-curricular activity while they are the subject of a disciplinary process or appeal without written permission from the Vice President for Student Development or his/her designee. Where immediate suspension, dismissal, or expulsion is involved, the student’s enrollment may be interrupted until the appeal process has been completed.
Disciplinary Action
The following is a list of potential disciplinary actions available when students are found in violation of the “community covenant” and/or residence hall regulations. The disciplinary actions or variations of those listed below may be taken at the discretion of the All-Campus Judicial Appeal Board or university officials dealing with discipline. When violations are committed anonymously and/or online, disciplinary action may be initiated with direct communication to the account’s user name. Consequently, when a student’s identity is discovered to be associated with the user name or IP address used, the student is already in the discipline process outlined below.
- Admonition – Personal contact and discussion about inappropriate behavior or attitude.
- Formal Warning – A warning statement issued when a student is in jeopardy of serious disciplinary action.
- Community Growth Contract – A status unto which a student is placed when in jeopardy of suspension or dismissal from the university. Any student leaders who report to Student Development may lose his/her leadership position when placed on a Growth Contract. Elements of the contract will be outlined in a written format.
- Suspension – A student is suspended for a specified period. In that case, the student is to leave campus and not return until the period has ended. Class absences are unexcused, but the student can take major examinations missed and submit major papers. Any student leader who reports to Student Development will automatically lose his/her leadership position when suspended.
- Dismissal – A student is dismissed from school immediately. The student is not eligible to apply for readmission for at least the balance of the semester. Dismissal could cause potential loss of financial aid eligibility for ensuring terms of enrollment.
- Expulsion – Not eligible to return to John Brown University.
“Elements of discipline” that may be a part of any actions:
- Community Service
- Referral
- Fines
- Restitution/Reconciliation
- Denial of Privileges – loss of campus opportunities
- Removal from Residence Hall
It is important to note that not every disciplinary situation will follow this order. Definitions of these sanctions and further information related to the judicial system are available from the Student Development Office.
The university is committed to ongoing evaluation of this judicial system and the disciplinary procedures to ensure that it is effective in rehabilitation, just and fair, educative towards self-discipline, and preventative of unacceptable behavior.
