Student Conduct Code
*Revised July 9, 2013
Code of Student Rights and Responsibilities
University students are recognized as being both citizens in the larger community and members of an academic community. In their roles as citizens, students are free to exercise their fundamental constitutional rights. Rights and responsibilities under local, state and national laws are neither abridged nor extended by status as a student at Salem State. However, as members of the academic community, students are expected to fulfill those behavioral responsibilities which accompany their membership and which are necessitated by the university’s pursuit of its stated goals. These behavioral responsibilities are stated in university publications such as The Compass, Student Conduct Code and The Guide to Living on Campus. It is expected that the conduct of all students will be consistent with the educational purposes of the institution and in no way will interfere with the functions of the university as it seeks to fulfill that purpose. Consequently, individual and group behavior which inhibits members of the community, i.e., students, faculty and administrators, from carrying out their respective educational tasks and duties is unacceptable. Policy violations committed by students will be handled through the university student conduct and mediation process which has been established to resolve complaints of student misconduct. The student conduct and mediation process is designed to protect due process rights and to reach decisions that are in the best interest of both the students and the university.
II. APPLICATION AND JURISDICTION
1. These regulations and any amendments shall apply to all part-time and full-time undergraduate, graduate and continuing education students at Salem State University, and shall be considered part of the conditions of admission and enrollment of such students. Unless students have officially withdrawn from the university, they are assumed to be in continuous enrollment, including students on a leave of absence. As such, they are subject to the disciplinary regulations and procedures which follow.
2. In case of any conflicts or inconsistencies with any other rules, regulations, policies, and directives now existing, these regulations shall govern and shall be enforced by the president of Salem State University.
3. The university, upon recommendation from the appropriate governance committees, reserves the right to alter any or all of the student conduct and mediation system. Reasonable notice shall be furnished to the university community of any substantial change.
4. Salem State University is dedicated to the maintenance of a student conduct and mediation system which reasonably represents and is responsive to all members of the university community.
a. It is the policy of Salem State to offer opportunities for student conduct and mediation board participation and to insure equality of treatment of students charged with university violations without regard to race, religion, age, disability, sex, sexual orientation, or national origin.
b. In implementing this policy, the university follows the guidelines and requirements of Title VI of the Civil Rights Act and Title IX of the Higher Education Act of 1972 as well as state and federal regulations regarding equal employment and affirmative action.
c. To request accommodations, please contact the disability services office at 978.542.6217 or email@example.com.
B. University Jurisdiction
The rules of conduct that are outlined in these regulations are designed to promote the welfare of the academic community by preserving an environment in which reasoned debate and the pursuit of learning can flourish. These rules will therefore govern the following conduct:
1. Conduct that occurs within the physical bounds of the North, Central, and South Campuses, the O’Keefe Complex, and Cat Cove Marine Laboratory or in any university facility;
2. Conduct, wherever it occurs, that occurs while a student is attending or participating in any university related activity, including a sporting event, a field trip, or the like;
3. Conduct, wherever it occurs, that calls into question a student’s suitability as a member of the academic community, including acts of violence, the sale or possession of drugs, violations of another’s civil rights, and acts against persons and property.
III. PHILOSOPHY OF SYSTEM
Student Conduct and Mediation Programs: An Overview
1. The university’s approach to student discipline is an educative and preventative one. Discipline is properly the concern of the entire university community, the student body, faculty, administration, and staff. Acting in the belief that representative student groups should share responsibility with other university personnel for enforcing campus policies and rules, the university make provisions in its student conduct and mediation program for students to adjudicate most cases of student conduct.
2. Participation on a student conduct and mediation board represents one of the clearest examples of meaningful student involvement in institutional self-governance at Salem State. Board members are dedicated to the maintenance of a system which keeps in mind the needs of the university in preserving an atmosphere of order conducive to the pursuit of educational goals and, at the same time, one which fully protects the rights of all members of the university community.
3. The overall administration of discipline at the university is the responsibility of Student Life in cooperation with the Student Government Association.
IV. CONDUCT REGULATIONS
Listed below are those types of conduct which constitute grounds for disciplinary action. Any student involved in attempting, encouraging, assisting, permitting, or inciting any of the following types of conducts is similarly subject to such action. In addition to these regulations, the university may from time to time develop interim policies or regulations which pertain to specific situations. Approved changes will be promptly conveyed to the university community.
1.0) Violations of the rights of another member of the academic community;
1.1) Violations of any person’s civil rights
2.0.a) Behavior which jeopardizes the safety or well-being of other members of the
university community or persons coming onto university property. This
includes, but is not limited to:
2.1) Harassment of [other members of the university community or
persons coming onto university property];
2.2) Statements intended to defame character;
2.3) Physical abuse;
2.4) Verbal abuse;
2.5) Written abuse of another person;
2.6) Threats to another person;
2.7) Any act of violence;
2.8) Inappropriately touching another person;
2.9) Behavior which jeopardizes the safety or well-being of others off campus, wherever it occurs.
2.0.b) Domestic Violence
2.0.d) Making threatening statements regarding the use of firearms, explosives or
other types of weapons to bring harm to members of the university
3.0) Sexual assault;
3.1) Sexual harassment;
3.3) Acquaintance rape.
4.0) Loud [conduct];
4.1) Disorderly conduct
5.0) Violation of university Hazing Policy
6.0) Forcible detention of anyone on university property
7.0) Interference with firefighters, police officers, or other persons engaged in
performance of their official duties
8.0) Violation of fire regulations. This includes, but is not limited to:
8.1) Failure to comply with evacuation procedures;
8.2) Tampering with fire protection apparatus;
8.3) Making or attempting to make false fire alarms;
8.4) Unauthorized use of electrical equipment;
8.5) Setting fires and/or attempting to set fires.
9.0) Unauthorized possession of and/or use of loaded or unloaded firearms, or
other instruments which could be considered weapons, fireworks, and open
10.0) Possession or use of bombs or other explosive devices;
10.1) The threat, verbal or written, that any such bombs or explosive
devices have been or may be implanted in or upon any property or
building of the university
11.0) Destruction [of another’s property or of university property];
11.1) Impairment [of another’s property or of university property];
11.2) Abuse [of another’s property or of university property];
11.3) Misuse of another’s property or of university property
*12.0) Violation of university alcoholic beverage policy; e.g.,
12.1) Unauthorized possession [of alcoholic beverages];
12.2) Unauthorized sale [of alcoholic beverages];
12.3) Unauthorized use [of alcoholic beverages];
12.4) Manufacture [of alcoholic beverages];
12.5) Distribution of alcoholic beverages on university property without
12.6) Possession of commercially prepared alcohol containers (i.e. kegs,
12.7) Possession of bulk alcoholic beverages;
12.8) Behavior negatively impacted by use of alcohol;
12.9) Being in the presence of alcohol in a substance free building/area
*13.0) Possession [of illegal drugs];
13.1) Use [of illegal drugs];
13.2) Sale [of illegal drugs];
13.3) Distribution [of illegal drugs];
13.4) Manufacture of illegal drugs;
13.5) [Possession, use, sale, distribution, or manufacture] of drugs (e.g.,
narcotics, stimulants, depressants, hallucinogens) or drug
paraphernalia for which the required prescription has not been
13.0.a) Violation of university drug policy
14.0) Violation of campus guest regulations – student hosts are responsible for
their guests’ actions.
15.0) Falsification [of any official university document or record];
15.1) Forgery [of any official university document or record];
15.2) Modification of any official university document or record. This
includes but is not limited to: identification cards, absence excuses,
and service applications and agreements.
16.0) Furnishing false information;
16.1) [Furnishing false information to] a university official;
16.2) [Furnishing false information to] an office;
16.3) [Furnishing false information to] a disciplinary body.
17.0) Unauthorized use of the university name and/or address
18.0) Failure to comply with a reasonable order of [any properly identified member
of the university administration, security force, or other staff or faculty
engaged in the performance of official duties];
18.1) [Failure] to provide identification to any properly identified member of
the university administration, security force, or other staff or faculty
engaged in the performance of official duties.
19.1) Attempted theft;
19.2) Unauthorized use of another’s or university funds or property;
19.3) Possession of another’s or the university funds or property.
20.0) Unauthorized entry into [any university building or facility];
20.1) Unauthorized presence in any university building or facility;
20.2) Unauthorized possession [of university keys];
20.3) Unauthorized use of university keys.
21.0) Obstruction of [any university academic or co-curricular activities];
21.1) Disruption of [any university academic or co-curricular activities];
21.2) Interference with any university academic or co-curricular activities
22.0) Violation of policies on demonstrations;
22.1) [Violation of policies on] assemblies; and
22.2) [Violation of policies on] related use of amplifying equipment.
23.0) Violation of local, state, or federal law,*
23.1) Violation of a law that directly hampers the university’s pursuit of its
educational purposes or that calls in question the student’s suitability
as a member of the university community.
24.0) Violation of university policies on solicitation or sale of material on campus,
e.g. running a private business on campus and/or utilizing university assets
for personal gain;
24.1) [Violation of university policies on] holding a raffle;
24.2) Lottery on university property without proper university and other
25.0) Gambling, including betting on sporting events.
26.0) Violations of the conditions of any disciplinary sanctions imposed by a
hearing body or administrative settlement.
27.0) Failure to meet a financial obligation to the university. This includes, but is
not limited to:
27.1) Refusal to pay delinquent accounts;
27.2) Use of worthless checks or money orders in payment to the
university for tuition, room, board, library fines, traffic penalties, etc.
28.0) Violations of campus building regulations.
29.0) Violation of Residence Life License Agreement and related residence hall
30.0) Violation of food service policies.
31.0) Violation of university motor vehicle regulations.
32.0) Introducing a virus into a university or student owned computer;
32.1) Unauthorized entry into a [computer] file to use, read or change
32.2) Unauthorized use of another’s [computer] password;
32.3) Use [of a university or student owned computer] to send obscene or
abusive messages and/or use [of a university or student owned
computer] to interfere with normal operations of the university’s
32.4) Unauthorized downloading of file sharing programs or software that
can be harmful to the Salem State network computer system or that
may violate copyright laws;
32.5) Violation of the university’s Acceptable Use Policy set forth by
information technology services.
33.0) Engaging in any electronic exploitation of another person, including
eavesdropping on, surveilling, recording and/or broadcasting acts.
33.1) Making or attempting to make an audio or video recording of any
person(s) on university premises in bathrooms, showers, bedrooms,
or other premises where there is an expectation of privacy, without
the knowledge and consent of all participants subject to such
33.2) Undisclosed and unauthorized recording of other individuals within
the university community.
(Students are expected to respect the reasonable expectations of
privacy of other individuals within the university community.
Accordingly, students are not permitted to make or attempt to make
an audio or video recording of private, non-public conversations
and/or meetings on university premises, without the knowledge and
consent of all participants subject to such recordings. In such
circumstances the use of undisclosed hidden recording devices is
prohibited, as is the transmission and/or distribution of any such
recordings. This provision does not extend to the recording of public
events or discussions, or to recordings made for law enforcement
*The university will notify the parents of students who are less than 21 years of age of these violations.
NOTE: Academic integrity situations should be referred to Academic Affairs.
V. SEXUAL ASSAULT, DOMESTIC VIOLENCE AND STALKING
Salem State will not tolerate sexual assault in any form. Where there is probably cause to believe that the university’s regulations prohibiting sexual assault have been violated, the university will encourage the alleged victim to pursue disciplinary action through the student conduct and mediation system. Disciplinary sanctions for sexual assault violations may include suspension, dismissal or expulsion from the university. A student charged with sexual assault can be prosecuted under Massachusetts criminal statues and disciplined under the university’s student conduct and mediation system. In those instances in which criminal justice authorities choose not to prosecute a student for involvement in an alleged sexual assault, the victim retains the option to pursue disciplinary action within the student conduct and mediation system.
Salem State University prohibits any member of the university community from sexually harassing, discriminating or assaulting another employee, student or other person having dealings with the university. This policy applies to face-to-face violations as well as those perpetrated through the use of electronic media. The university is committed to providing a working, living and learning environment that is free from all forms of sexually abusive, harassing or coercive conduct. This policy seeks to protect the rights of all members of the university community (faculty, librarians, administrators, staff, and students) and other persons having dealings with the university, to be treated with respect and dignity.
Furthermore, in cases of alleged sexual assault, both the person bringing the charges and the student accused shall be asked by the student conduct and mediation board procedural advisor to state a preference for either a hearing panel of students or a hearing panel of administrators, composed of both genders, to adjudicate the case. When both parties agree on the type of hearing panel, the panel requested will be scheduled from among the eligible students or administrators. If one party requests a student panel, while the other party requests an administrative panel, then a board of a minimum of three students and two administrators will be scheduled from among the eligible students and administrators. Training shall be provided to all members of such panels.
On Campus Resources, Important Information and Assistance
The university recognizes that sexual assault is a very traumatic crime and as such it will endeavor to work with students who are victims or sexual assault to reduce fears and concerns regarding their personal safety. Any individual who believes he/she may have experienced sexual harassment or any type of sexual aggression may receive important information and assistance regarding the university’s policies and responsive processes from any of the following offices. In addition, upon request, the student conduct office will make resources available regarding who can discuss the process and what it means.
Complaints may be filed in any of the following offices:
1. Salem State University Police
Office Location: Central Campus
2. Dean of Students Office
Office Location: Meier Hall room 245
3. Counseling and Health Services
Office Location: Ellison Campus Center room 107
4. Residence Life
Office Location: Atlantic Hall room 131
5. Title IX Coordinator:
Beth Marshall, assistant vice president
Department: Human Resources and Equal Opportunity
Office Location: North Campus, Administration Annex
Furthermore, if an apparent conflict of interest prevents use of the assistance of the above offices, the person complaining of sexual harassment or sexual assault may request assistance directly from the President’s Office, Telephone: 978.542.6134
1. Victims and/or survivors are reminded that on-campus and off-campus counseling services exist for the emotional well-being of Salem State University students.
2. Students may request to change academic and residential (on-campus) situations after an alleged sexual assault incident, and may request assistance to do so if changes are reasonably available.
How to Report an Incident
The university recognizes that sexual assault is a very traumatic crime and as such it will endeavor to work with students who are victims of sexual assault to reduce fears and concerns regarding their personal safety. Depending on the nature of the incident, one or more of the following options may apply:
1. You can proceed with an on-campus complaint through the university student conduct system. A complaint can be filed with a residence life staff member, the dean of students office, or the Title IX coordinator.
2. Though the decision to contact the police is a personal one, the university committed to supporting victims who decide to report the crime to the police. Deciding whether to report the crime to the police may be very difficult, but if you do decide to pursue criminal charges, you can proceed with off-campus criminal charges by filing a complaint with the Salem State University police department. Please be advised that the Salem State University police department will not share any of your information with other university personnel. You may request a copy of your report and hand deliver it to the dean of students office to be used in the student conduct process.
3. You may request a court-issued restraining order through the Salem State University police department.
4. You do not have to pursue any official action.
Remember: Whatever option you decide, it is important that you at least report and document the incident.
Description of Options
University Student Conduct Process:
If you want to pursue campus action, a complaint may be filed with a residence life staff member, the dean of students office or the Title IX coordinator. Staff members will investigate the complaint and, if appropriate, the university will levy charges against the student(s) and process the complaint through the university student conduct system. The accused student(s) will be called into the office to resolve the matter or appear before the student conduct board. If the matter goes to a hearing, you will be asked to testify.
Deciding whether to report the crime to the police may be very difficult, but if you do decide to pursue criminal charges, you may do so by filing a complaint with the Salem State University police department. The officers will investigate your complaint and, if founded, will assist you in bringing the matter forward to the local district attorney’s office. should the district attorney’s office decide to pursue this matter, the student defendant will then be summonsed to court to deal with the charges. You may be called to testify if the matter proceeds to a trial level.
Note: You may also pursue civil charges through your own attorney.
Protective Order / Restraining Order:
If you feel a person is intimidating or harassing you, you can seek a protective order from the university through the Salem State University police department. A protective order is a letter that is sent from the district attorney’s office, notifying the student whom you feel is harassing you to stay away from you. The letter also informs the person that discipline charges will be filed if the protective order is violated.
Even if you decide not to file a complaint against someone, the university may be able to assist you in various ways. For instance, at least document the incident that occurred. You may change your mind and reserve the right to file a complaint later on, so fresh and current documentation is important.
1. Mediation is not an option and will not be permissible for sexual assault allegations.
2. Salem State University will not wait for the conclusion of a criminal investigation or criminal proceeding to begin its own investigation. Salem State University will take immediate steps to protect the student in the educational setting.
3. The assistant dean of students or the assistant director/coordinator of student conduct and mediation programs may waive the time limit at his/her discretion and in any situation including, but not limited to, incidents of sexual assault or harassment and instances in which criminal charges may be pursued. The decision of the assistant dean of students or the assistant director/coordinator of student conduct and mediation programs about whether to waive the time limits shall be final.
4. In cases of alleged sexual assault, both the person bringing the charges and the student accused shall be asked by the student conduct board procedural advisor to state a preference for either a hearing panel of students or a hearing panel of administrators, each composed of both genders, to adjudicate the case.
5. When both parties agree on the type of hearing panel, the requested panel will be scheduled from among the eligible students or administrators. If one party requests a student panel, while the other party requests an administrative panel, then a board of a minimum of three students and two administrators will be scheduled from among eligible students and administrators.
6. The accused and the accuser will be informed of the outcome of any campus disciplinary proceeding brought forward alleging a sexual assault. Both are entitled to have others present during a disciplinary proceeding.
7. Victims of sexual assault shall have the opportunity to notify proper law enforcement authorities and shall have the option to be assisted by campus personnel in notifying these authorities, if the student chooses to do so.
8. The Title IX coordinator will review the recipient’s disciplinary procedures to ensure that the procedures comply with the prompt and equitable requirements of Title IX.
9. Salem State University will provide an appeals process for both parties if needed.
(For more information, refer to part VI. Procedural Safeguards and VII. Hearing Procedures)
Fundamental Rights of Victims and/or Survivors During Disciplinary Proceedings
a. It is the right of the victim to choose a person or persons to accompany her or him throughout the disciplinary hearing.
b. It is the right of the victim to be present during the entire disciplinary proceeding.
c. It is the right, in the same manner as established in the Massachusetts Criminal Code, not to have his or her past sexual history discussed during the hearing.
d. It is the right of the victim to have access to the names of all witnesses that may appear at the disciplinary hearing. These names must be provided by the student(s) charged to the student conduct board procedural advisor at least four (4) business days before the hearing.
e. It is the right of the victim to have a Victim Impact Statement. The Victim Impact Statement is an opportunity for the victim to explain to the hearing body the emotional, physical, financial, and educational impact of the alleged incident. This statement may be read into the hearing record during the complainant’s final remarks. A standard Victim Impact Statement form is available from the student conduct and mediation board procedural advisor.
V.a. Sexual Assaults
1. Types: Acquaintance Rape, Gang Rape, Stranger Rape, Sexual Harassment,
and Indecent Assault and Battery.
2.1 Rape: Forced sexual intercourse, or oral, anal, vaginal penetration
by, or union with, the sexual organ of another, or the anal or vaginal
penetration of another by any other object, that is perpetrated against
the will of the victim. The type of force employed may involve
physical violence, coercion or the threat of harm to the victim.
2.2 Sexual Harassment: Objectionable, unwanted sexual attention from
either a person in a position of authority or power or from a peer.
Sexual harassment also can involve verbal or written communication
of a sexual nature that creates an intimidating, hostile, or offensive
educational living or work environment.
2.3 Acquaintance Rape: Sexual intercourse undertaken by a friend or
acquaintance without the consent of the victim. Acquaintance rape
occurs when a person is forced to have sexual intercourse over his
or her objections or as a result of threats, physical restraints, or
2.4 Indecent Assault and Battery: Any unwanted sexual contact;
including but not limited to, unwanted touching, kissing, or fondling of
any body part of a person.
3. Reporting procedures: Due to the physical and emotional trauma that often
occurs as a result of a sexual assault, the victim may initiate university
disciplinary charges at any time. Reports should be made in accordance with the
procedure explained in Section VI, “Procedural Safeguards.”
V.b. Domestic Violence
1. Types of Domestic Violence: Attempting to cause or causing physical or
emotional harm; placing another in fear or imminent serious physical harm;
causing another to engage involuntarily in sexual relations by force, threat or
2. Definition of Domestic Violence: Any person regardless of age or sex, who has
been abused by a spouse or partner, former spouse or partner, household
member (roommate), former household member, past or present in laws, step
children, or a blood relative.
Persons involved in a Domestic Violence situation can file for an Abuse
Prevention order, otherwise known as a 209-A Order. The victim can contact
University Police and they will assist with obtaining this order, 24 hours a day,
and seven days a week.
1. Types of Stalking: Following or waiting for the victim; repeated unwanted,
intrusive and frightening communications from the perpetrator by phone, mail
and/or email; damaging the victim’s property; making direct or indirect threats
to harm the victim, the victim’s children, relatives, friends, or pets; repeatedly
sending the victim unwanted gifts; harassing through the internet, known as
cyber stalking, online stalking, or internet stalking.
2. Definition of Stalking: Any behavior or activity occurring on more than one
occasion that collectively instills fear in the victim and/or threatens his or her
safety, mental or physical well-being.
The student(s) being charged in alleged domestic violence and stalking
violations will be afforded the same fundamental rights of victims contained in the
Sexual Assault section of the Student Conduct Code.
VI. PROCEDURAL SAFEGUARDS
In order to provide an orderly procedure for the handling of disciplinary cases using the principles of due process and basic fairness, the following safeguards will be afforded to all students:
1. Students have access to the “Notification of Complaints,” names of accusers and witnesses, and any written evidence, or other pertinent papers, which may be used against them. Reports must be submitted within thirty (30) days of the alleged incident unless the deadline is waived by the student conduct and mediation board procedural advisor. The student conduct and mediation board procedural advisor may waive the time limit at his/her discretion in any situation including, but not limited to, incidents of alleged sexual assault or harassment, and instances in which criminal charges may be pursued. The decision of the student conduct and mediation board procedural advisor as to whether to waive the time limit shall be final. This information will be available in the student conduct and mediation office, residence life office or resident director’s office, as appropriate.
2. Cases will be heard by a student conduct and mediation board except in cases of alleged sexual assault or during emergency situations, as determined by the student conduct and mediation board procedural advisor. When multiple parties are involved in the same incident, the student conduct and mediation office will determine whether the cases will be heard together or separately.
3. Students have the right to a pre-hearing conference with the student conduct and mediation professional staff member and/or the SGA student conduct and mediation representative for the purpose of reviewing hearing procedures and related aspects of the student conduct and mediation system. In addition, students may use this opportunity to waive their rights to a hearing and accept disciplinary action from the professional staff member.
4. In those cases in which the student admits responsibility for a violation and requests a waiver of any hearing, a student conduct and mediation professional staff member may impose a disciplinary sanction. The staff member may consult with the SGA student conduct and mediation committee chairperson or designee prior to taking action. If the student accepts the action taken by the staff member, he/she will confirm his/her agreement by signing a “Resolution Form.” If the student does not accept the sanction offered, the case will be referred for a hearing.
5. Failure to contact the appropriate student life staff member to schedule a pre-hearing conference will automatically result in a finding of “responsible” of all alleged violations. A student retains the right to appeal such a decision by following the established appeal procedures.
6. Students who want a hearing will be sent written notification of the date, time and place of any hearing at least four (4) calendar days before the hearing to permit a reasonable amount of time to prepare themselves.
7. The student conduct and mediation office will consider all complaints to determine if the incident warrants disciplinary action. In cases where disciplinary action is warranted, students will be sent or given a written statement of the charges against them, the source of such charges, and the conduct regulation(s) upon which the charges are based.
8. A hearing body may consider several “Notifications of Complaints” naming a particular student at the same time. The hearing body may recommend a sanction based on the total number of “responsible” findings from such complaints.
9. Students have the right to an advisor of their choice, who may be present at any hearing to counsel the student charged. The advisor may not address the board on behalf of the student.
10. All hearings will be closed to the public and all proceedings will be considered confidential. Attendance at hearings will consist only of the members of the hearing body, the student(s) charged and an advisor(s), the student conduct and mediation board procedural advisor, person(s) bringing charges and an advisor(s), and witnesses for both sides. An SGA student conduct and mediation committee representative may also be present.
11. Challenges to members of hearing bodies may be initiated by the student charged or by the person bringing charges. These requests must be brought to the attention of the student conduct and mediation office before the hearing body convenes. The student conduct and mediation board procedural advisor or designee will determine whether there are grounds for the challenge.
12. The student conduct and mediation office will consider a substantiated request for postponement of a hearing if the request is presented in writing to the hearing body at least forty-eight (48) hours in advance of the hearing date. Such requests may be made by the student charged or the person bringing charges. If the request is granted, the hearing will be held at the earliest possible date and time determined by the hearing body. If the request is denied, the hearing will be held at the originally scheduled date and time.
13. Accused students may elect not to appear at a hearing. The hearing, however, will be held in their absence provided appropriate notification has been made. Students may be asked to leave a hearing if their behavior is deemed inappropriate by the hearing body. Students retain the right to submit a signed statement which includes any information or facts they wish to have the hearing body consider in the review of their case.
14. Unless students choose not to appear at a hearing, all evidence against them will be presented in their presence.
15. Students have the right to enter a plea of: not responsible, responsible, or no response at any hearing.
16. Students will be permitted to call and cross examine witnesses and to speak or present evidence on their own behalf.
17. The burden of proof will rest with those bringing the charges against any student, and students will be presumed not responsible until proven responsible. The standard of proof used in student conduct and mediation cases will be to use a “greater weight of the evidence” test.
18. It is the responsibility of the student conduct and mediation board to find the accused either responsible or not responsible of an alleged violation. If the finding is “responsible,” the board will recommend a sanction of the student conduct and mediation board procedural advisor or designee who will determine the appropriate sanction. Such a decision will be made within three (3) working days of the hearing.
19. All decisions will be based only on the evidence presented before the hearing body, but previous or current disciplinary action taken against students will be used in the determination of the sanction.
20. A tape recording of the hearing will be made, and students involved in the cases will have access for the purpose of the appeal.
21. Written notification of the sanction will be mailed to the parties involved within seven (7) calendar days after the conclusion of the hearing.
22. Except where students have waived the right to a formal hearing, students have the right to appeal the decision of the hearing body within three (3) calendar days of the date of receipt of the written decision by them (in accordance with the procedures described in the section on appeal). If the third day falls on a weekend or holiday, the time is extended to the next regular working day of the university.
23. A student found “responsible” for an offense by a hearing board/panel shall remain on a disciplinary status and comply with any additional stipulations of the hearing body pending the outcome of an appeal.
24. Formal rules of evidence shall not be applicable to disciplinary hearings. Hearing bodies may admit as evidence any testimony, written document, or other material which they believe are relevant to fair determination of the charges.
25. Official records of disciplinary actions will be maintained on file in the student conduct and mediation programs office (in accordance with the procedures described in the section on records) and will not be released to individuals outside the institution except by the written authorization of the student involved or under the conditions specified in the “Family Educational Rights and Privacy Act of 1974” and its amendments.
26. All students have the right to continue in their student status until the conclusion of a student conduct and mediation hearing. However, in cases where a student’s continued presence constitutes a danger to him/herself, or others, to university property, or to the orderly functioning of the university, he/she may be temporarily suspended immediately by the president of the university with the option for the preliminary hearing with the associate vice president and dean of students or designee within 24 hours after the suspension (in accordance with the procedures described in the section on emergency procedures).
27. Once student conduct and mediation action has been initiated against a student, any attempt to intimidate and/or harass witnesses, and/or the person bringing the charges, will be considered as part of the evidence presented in the case.
28. If, during a hearing, a student admits responsibility for the violation of which he/she has not been charged, he/she can, following the hearing, be charged for said violation.
29. Tape recordings of the hearings are erased at the end of each semester unless they are being used in an appeal hearing.
VII. HEARING PROCEDURES
The hearing bodies may find it necessary to remind parties and advisors that the proceedings are not criminal or civil trials, that criminal or civil standards of due process and rules of evidence are not controlling, and that the hearing bodies enjoy considerable discretion within the procedural requirements of the system to the end that a just and fair decision may be obtained. Although the specific hearing procedures may differ slightly from one hearing body to the next, the following general rules of procedures shall govern all disciplinary proceedings.
1. The students charged will be called before the body, and the chairperson will state the specific charges against the student.
2. Statement of Response: The student charged is asked to enter a response of “responsible,” “not responsible,” or “no response” to the charges as read.
3. Parameters for discussion shall be established by the hearing body.
4. Opening Statements: The student charged and the person(s) bringing the charges are asked to briefly outline the facts they intend to present during the hearing.
5. Presentation of Witnesses and Evidence by Person(s) Bringing Charges: The persons bringing the charges present their statement of facts and call witnesses to support their charges. The student charged and the hearing body may question the person bringing charges and the witnesses as each finishes his/her testimony.
6. Presentation of Witnesses and Evidence by the Student Charged: The student charged presents his/her statement of facts and call witnesses to respond to the evidence against him/her. The person bringing the charges and the hearing body may question the student charged and the witnesses as each finishes his/her testimony. Witnesses may be asked to remain or leave the hearing room as required by the hearing body.
7. Recall of Witnesses: The hearing body will permit both the student charged and the persons bringing charges to recall any witnesses for the purpose of clarification or corroboration of previous testimony.
8. Closing Statements: Both parties may summarize their testimony and highlight any specific information they wish the hearing body to consider in its deliberation. The parties may provide justification regarding their position in respect to the charges and may recommend possible sanctions.
9. Deliberation by Hearing Body: All persons other than the hearing body and its advisor and Student Government Association student conduct and mediation committee representative will leave the hearing room, and the deliberations will begin. If the hearing body needs more information, it may reconvene the hearing and seek necessary clarification. Note: The standard of proof used in student conduct and mediation hearings at Salem State is the “greater weight of the evidence.” This means that the person bringing charges must prove by the greater weight of the evidence the student charged actually violated the articles of the Student Conduct Code. The greater weight of evidence standard of proof simply means that the board must be persuaded, considering all the evidence in the case, that the evidence provided is more probably true than not true. The greater weight of evidence does not mean the greater number of witnesses testifying to a fact, but means what seems to be convincing and probably more true. The standard of proof used in student conduct and mediation cases will be to use a “greater weight of the evidence” test.
10. The hearing body shall send its rationale for finding the student(s) responsible for a violation to the student conduct and mediation board procedural advisor or designee. The student conduct and mediation board procedural advisor or designee shall consider all pertinent information prior to deciding on an appropriate sanction for the offense.
11. Written notification of the sanction imposed will be sent to both parties.
VIII. STUDENT CONDUCT AND MEDIATION CODE OF ETHICAL STANDARDS
Members of hearing bodies play a vital and sensitive role within the institutional governance structure. As such, it is important that they maintain the highest performance and ethical standards. The following code is designed to safeguard the rights of students involved in disciplinary situations and to uphold the integrity of the university community as a whole.
1. The name or status of any student involved in a disciplinary situation should not be discussed with anyone outside the hearing body membership.
2. The manner in which a student conduct and mediation hearing body member votes in a case is confidential and should not be shared with anyone outside the hearing room.
3. The chairperson of the hearing body or designee shall be the official spokesperson for the hearing body. The final hearing body decision on any matter is to be conveyed to the student charged only by the professional staff member in the student conduct and mediation programs office.
4. Members of the student conduct and mediation board should serve as models for other students by upholding university regulations and performing their duties in an exemplary manner.
5. Members of the student conduct and mediation board are obligated to disqualify themselves if they have prior knowledge about the incident or other knowledge which will impair their ability to judge the case impartially.
IX. STUDENT CONDUCT AND MEDIATION BODIES AND THEIR JURISDICTION
Student Conduct and Mediation Board and Administrative Hearing Panel
These bodies shall be composed of a minimum of three (3) student members and/or administrators who shall serve on a rotating basis. The names of those individuals selected to serve as board members shall be submitted as a point of information prior to serving by the student conduct and mediation board procedural advisor to the Student Government Association. These board members shall complete a training program coordinated by the student conduct and mediation board procedural advisor. A chairperson shall be selected by a majority of the board. The chairperson’s duty shall be to preside at the hearing. The chairperson shall be able to vote in the determination of the student charged. The board shall have the original jurisdiction over cases involving alleged violation of university regulations by undergraduate students. A professional staff member from student life shall serve as the procedural advisor to the student conduct and mediation board.
The advisor to the hearing bodies shall serve in the capacity of a consultant on procedural matters. The advisor may assistant the hearing body during their deliberation. The advisor shall not give any testimony or opinion germane to the disposition of the case.
Membership Criteria for Student Conduct and Mediation Bodies
A. Applicants for any student vacancy on a student conduct and mediation board must meet the following qualifications:
1. Satisfactory academic progress as defined by the university.
2. Not currently on any disciplinary status.
B. Any student conduct and mediation board member formally charged with a violation of the student conduct and mediation code will be temporarily relieved of his/her student conduct and mediation duties pending the outcome of an investigation of the complaint by the student conduct and mediation programs office.
C. A student conduct and mediation board member will be removed or suspended from his/her position if found responsible of violating the university’s student conduct and mediation code or if he/she is no longer in good academic standing.
D. No student conduct and mediation board member may concurrently serve in any other capacity at the university which presents a conflict of interest. Specifically, no active resident assistant or member of the Student Government Association executive or legislative branch may serve on any standing student conduct and mediation board.
Any decision of a hearing body which affirms the charges against a student may be appealed to the dean of students or designee by the student found responsible by the board. In those cases when it has been recommended that a student be suspended, dismissed, or expelled from the university, the student shall have the right of appeal directly to the associate vice president and dean of students or designee. In all cases, the request for appeal must be submitted in writing to the student conduct and mediation programs office within three (3) calendar days of the date of receipt of the original written decision by the student. If the third day falls on a weekend or holiday, the time is extended to the next regular work day. The original decision of the hearing body shall be final and conclusive, if no appeal is made within the prescribed time period.
1. The possible criteria for appeal are whether:
a. The original hearing was not conducted in conformity with established procedures.
b. There is new evidence or relevant facts not brought out in the original hearing which was not available at the original hearing.
c. The sanction imposed was inappropriate for the offense committed.
2. All requests for appeal must outline the following:
a. Any appeal based on criterion “a” must include all of the following:
1.) Citation of specific procedural errors with appropriate reference to the Student Conduct Code;
2.) Reason(s) why procedural error was not mentioned in the original hearing;
3.) Reason(s) why correction of error can contribute to a decision other than that which was originally made;
b. Any appeal based on criterion “b” must include all of the following:
1.) Nature of the new evidence;
2.) Name(s) of anyone who will present this evidence;
3.) Reason(s) why evidence was not discussed at original hearing;
4.) Reason(s) why evidence can contribute to a decision other than that which was originally made;
c. Any appeal based on criterion “c” must include specific information indicating that the sanction is unreasonable in light of the conviction.
3. The following general rules of procedure shall govern all appeal proceedings:
a. The appellant may submit any additional supporting papers, testimony, and evidence at the time the appeal request is filed.
b. The reviewer will consider the request for appeal, the tape recording of the original hearing if deemed necessary, and all case materials. He or she shall then determine whether the basis for the appeal is legitimate.
c. If the reviewer determines that the appeal does not meet any of the criteria for appeal, the appellant will be notified in writing three (3) days after the date of decision.
d. The reviewer may affirm or modify the decision and/or sanction, or he/she may determine that an appeals hearing is necessary.
e. If the reviewer determines that the appeal meets any of the criteria for appeal, the appellant will be notified and an appeals hearing will be scheduled at least three (3) days from the date of receipt of the notification by the appellant.
4. The appeals hearing will generally include the following:
a. The chairperson of the original-level hearing.
b. The appellant, the person bringing charges, and advisors for either party may be present. Witnesses for either side are excluded from the meeting room at this time.
c. Opening statements – the appellant shall outline the justification for the appeal, and the person bringing charges shall be given a chance to respond.
d. The remainder of the appeals hearing shall concern itself solely with the grounds presented for appeal. The sequence of procedures will be essentially the same as at the original hearing. A complete rehearing of the original case will not be conducted.
e. The reviewer may affirm, mitigate (lessen, including reversal) or remand (return) the decision to the original hearing body with specific instructions.
f. Pending the outcome of the appeal hearing, the disciplinary sanctions stipulated in the original hearing shall be imposed.
g. Under normal circumstances, an appeal shall be heard within fourteen (14) calendar days after it has been filed in the student conduct and mediation programs office.
h. The dean of students or designee is the final appellate level for students receiving sanctions of anything less than suspension, dismissal or expulsion from the university.
i. In those cases when it has been recommended that a student be suspended, dismissed, or expelled from the university, the student shall have the right of appeal to the associate vice president and dean of students or designee.
j. This appeal must be filed within three (3) calendar days of receipt of the written decision of the hearing body. The president or designee is the final appellate level for sanctions of suspension, dismissal or expulsion from the university. This final appeal must be filed within three (3) calendar days of receipt of the written decision of the associate vice president and dean of students.
XI. EMERGENCY PROCEDURES
A. Interim suspension from the university
If the president of the university or designee determines that the continued presence of a student on campus constitutes a serious danger to the orderly operation of the university or the safety or welfare of members of the university community, including the student him/herself, the president may sign an order imposing interim suspension from the university.
1. The interim suspension may be imposed immediately with the option by the accused student to have a preliminary hearing within 24 hours before the associate vice president and dean of students or designee and if so desired by the accused student, the SGA student conduct and mediation committee chairperson or designee.
2. The preliminary hearing shall be concerned solely with:
a. Discussion of the nature of the charges and their sources.
b. Establishment of a date for a formal hearing which normally shall be scheduled within seven (7) days of the effective date of the interim suspension, unless the student chooses to administratively settle the case at this time.
c. Provision of an opportunity for the student to show cause why he/she should not be suspended.
3. Unless modified by the president, the student’s activities during the interim suspension are subject to the same restrictions and conditions set forth under regular suspension. Interim suspension shall continue until a hearing results in reinstatement of the student to the university and the residence hall (if applicable).
4. Hearing and appeals procedures for the formal hearing will be the same as those prescribed for any other disciplinary case.
5. If the formal hearing body recommends suspension, dismissal, or expulsion, the interim suspension shall continue during any period of appellate review.
6. If the student is found not responsible, he/she will be immediately reinstated into the residence hall if he/she has been a resident. However, the student shall not be entitled to a refund for the time period removed from the residence hall in accordance with the “Residence Hall Occupancy Agreement” and “The Guide to Living on Campus.”
7. Unless the student is suspended, dismissed, or expelled from the university as the result of the hearing process, he/she will be permitted to make up all academic classwork and examinations missed during the interim suspension period.
8. Resident students will normally be given no more than two (2) hours to vacate the residence hall if interim suspension is imposed. To the extent feasible, the resident director will assist a temporarily suspended resident in storing his/her belongings if requested.
B. Interim Suspension from Residence Halls
If, as the result of conduct violations, the associate vice president and dean of students or designee determines that the continued presence of a residence hall student constitutes a serious danger to the orderly operation of the residence halls or the safety or welfare of other residence hall students, including the student him/herself, the associate vice president and dean of students or designee may impose interim residence hall suspension to temporarily remove that student from the residence halls. The guidelines for interim suspension outlined above shall apply, but with the following modifications:
1. The student shall not be permitted to live in or to visit the residence halls. Interim residence hall suspension shall continue until either an original level hearing body or appellate reviewer reinstates the student to the residence hall (modified section XI.A.3).
2. In some cases, the student may not be permitted to continue, during the period of residence hall suspension, any university meal plan in which he/she is a participant. The types of conduct violations which may result in interim residence hall suspension include, but are not limited to:
a. Bomb threats;
b. False fire alarms (pull boxes, smoke detectors, etc.);
c. Physical abuse or assault of another person;
d. Verbal intimidation or threats directed toward another person;
e. Sexual assault, sexual harassment, rape or acquaintance rape of another person;
f. Possession or use of firearms or other weapons;
g. Possession, use, sale, distribution, or manufacture of illegal drugs;
h. Malicious vandalism or theft to the physical plant or to the personal property of another resident;
i. Possession of commercially prepared alcohol containers (i.e., kegs, beerballs, etc.) in restricted areas or possession of bulk alcoholic beverages;
j. Making threatening statements regarding the use of firearms, explosives or other types of weapons to bring harm to members of the university community.
The authority of the associate vice president and dean of students or designee to impose interim residence hall suspension shall in no way abridge the president’s right to invoke interim suspension of the student from the university as defined in these procedures. In those instances where the associate vice president and dean of students or designee believes that interim suspension from the university rather than interim residence hall suspension should be imposed, he/she shall forward a recommendation to the president.
C. Interim Residence Hall Relocation
When sufficient evidence to believe that a student had committed a serious violation of the Student Conduct Code, or if a student’s continued presence in a residence hall constitutes a disruption to its orderly operation, the director of residence life or designee may temporarily relocate the student to another residence facility pending a hearing. The accused student may be restricted from visiting specific residence facilities during the period of the relocation.
D. Administrative Hearing Panels
In the event a sufficient number of trained student conduct and mediation board members are not available or able to serve on a case, an administrative hearing panel can be utilized in an effort to expedite due process. An administrative hearing panel will consist of three (3) administrators, composed of both genders, and will only be called based on the determination of the student conduct and mediation board procedural advisor.
E. Hearing Officer
In the event that a sufficient number of trained student conduct and mediation board members are not available to serve on a case, a hearing officer can be utilized for cases in which the possible sanctions that may be imposed are less than any form of separation from the residence halls or the university. The hearing officer will be a professional administrator.
XII. DISCIPLINARY SANCTIONS
The possible actions available to the student conduct and mediation board procedural advisor or designee are described below:
A. Case dismissed – an action which closes a case for any one of the following reasons:
1. A “not responsible” finding is reached by the hearing body.
2. The person(s) bringing the charges withdraw(s) the “Notification of Complaint” prior to the convening of the original body.
3. An incomplete “Notification of Complaint” is not re-submitted to the student conduct and mediation programs office with appropriate additions or amendments within the thirty (30) day period during which the original hearing is normally held.
4. The person bringing charges fails to appear at a scheduled hearing.
B. Warning – an action taken as a result of a finding or admission of responsibility meaning that although a violation has occurred, the discussion and admonition by the hearing body are sufficient under the circumstances. The warning includes written notification from the hearing body to the student containing an official reprimand and indicating that repetition of infractions of university regulations will result in more severe disciplinary action.
C. Probationary statuses – probations and residential review are in effect only during the period of a student’s active enrollment or resident status as applicable. If a student officially leaves the university or residence halls, the sanction is automatically continued if and when he/she is readmitted.
1. Residential review – an action taken against a residence hall student, placing his/her resident status in serious jeopardy. As a result of the action, the student’s “Residence Hall Occupancy Agreement” will be reviewed at the end of each semester, in order to determine whether or not the individual should remain in residence. The university may decide not to offer continued housing to students on residential review after the expiration of their current contract. Such a decision will be made in accordance with residence life policies and does not require further review by the student conduct and mediation process. The agreement will also be reviewed if the student is found responsible of any infraction during the time period of this sanction.
2. General probation – a probationary status imposed for a specific time period, not to exceed one year, during which a student is expected to show a positive change in behavior. In addition, conditions (e.g., restrictions from attending any university sponsored activities, including athletic events, Program Council activities and theater productions) and restrictions appropriate to the offense may be imposed. Any further violation of the probation will be the basis for more severe disciplinary action.
3. Disciplinary probation – a restrictive probationary status imposed for a specific time period, not to exceed three (3) semesters. During this time, a student may be prohibited from participating as a member or in a leadership capacity in extracurricular activities, including intercollegiate athletic teams. This restriction does not pertain to attendance at extracurricular events. Students found responsible of any further infraction of university regulations during the probation or who violate the conditions or restrictions of the probation will be subject to further action which may be in the form of suspension, dismissal, or expulsion from the university.
D. Residence Hall Relocation – an action taken against a residence hall student, by which he/she is relocated to another residence facility on campus. Additionally, the student’s visitation privileges may be restricted.
1. Suspension from the residence halls – probation of the student from living in or visiting the residence halls for a specified period of time not to exceed one year. The student may not be readmitted, reapply, or be placed on a waiting list for a residence hall room until the suspension is concluded. This sanction may also include suspension from the residence hall for specified time periods, such as weekends.
2. Expulsion from the residence halls – permanent prohibition of the student from living in or visiting the residence halls.
3. Suspension from the university – exclusion from classes and from all privileges and activities of the university for a definite period of time, not to exceed one year. During a period of suspension, a student is not permitted on the university property without the express permission of the associate vice president and dean of students or designee. If a suspended student violates any university regulations during the suspension period or the conditions of the suspension, he/she will be subject to further action in the form of dismissal or expulsion. This action may be deferred to become effective after a certain date. The student will be placed on a status equivalent to “Disciplinary Probation” in that case. A sanction of suspension must be reviewed and approved by the president before it becomes effective.
4. Dismissal from the university – termination of student status for an indefinite time. The student is excluded from classes and from all privileges and activities of the university. During a period of dismissal, a student is not permitted on university property without the express permission of the associate vice president and dean of students or designee. If a dismissed student violates any university regulation during the dismissal period or the conditions of dismissal, he/she will be subject to further action in the form of expulsion. This action may be deferred to become effective after a certain date. The student will be placed on a status equivalent to “Disciplinary Probation” in that case. A sanction of dismissal must be reviewed and approved by the president before it becomes effective. Any recommended dates or conditions of re-admission must be similarly approved. Readmission to the university must be approved by the president.
5. Expulsion from the university – permanent termination of the student status without possibility of readmission to the university. An expelled student is not permitted on university property. A sanction of expulsion must be reviewed and approved by the president before it becomes effective.
F. Additional Sanctions
1. Restitution – reimbursement by the student to the university or a member of the university community through payment of money or performance of an appropriate work requirement because of damage or loss to university or personal property, or misappropriation of the same.
2. Special assignment – a work project or special assignment imposed by a hearing body either as an alternate to another sanction or as a condition of a particular sanction. An effort will be made to select an assignment which is appropriate to the offense and does not degrade the individual or inhibit his/her academic progress or health. Special assignments may include, but are not limited to: community service, written reports, participation in extracurricular programs or counseling groups, and work in a specific campus office, building or area. Failure to complete a special assignment by the date set by the hearing body will result in the imposition of more severe sanctions.
3. Restriction or revocation of privileges – temporary or permanent loss of privileges as an alternative to another sanction or as a condition of a particular sanction. Such action includes, but is not limited to: use of a specific university facility, residence hall visitation privileges, campus motor vehicle parking and operating privileges, and social privileges. The hearing body must specify the date after which the student may regain these privileges.
4. Referral to counseling and health services for evaluation and recommendations – the student conduct and mediation board procedural advisor or designee may refer a student to counseling and health services for psychological evaluation and recommendations in lieu of another sanction, or as a condition of a particular sanction. All evaluations made by counseling and health services shall be kept confidential. However, counseling and health services shall notify the student conduct and mediation board procedural advisor or designee that the student had made contact and that the professional staff is evaluating the individual. Any recommendations, including those for temporary or permanent separation of the student from the university environment shall be made by the associate vice president and dean of students or designee after consultation with the director of counseling and health services.
5. Held in abeyance – any of the above sanctions can be held in abeyance for a specific period of time. A sanction “held in abeyance” is a temporary suspension of the sanction contingent on future behavior as defined by the student conduct and mediation board procedural advisor.
6. The Board of Higher Education in the Commonwealth of Massachusetts has mandated a zero tolerance policy regarding alcohol violations at all public universities and community colleges. The mandate requires universities to suspend any student who violates the alcohol policy three times. Based on this mandate, the following are the minimum sanctions for Salem State:
Loss of guest privileges in residential
Suspension from the residence halls for
Suspension from the university
Suspension from the university
*Parental notification is only for students who are under the legal drinking age
Note: Students found in violation of the alcohol policy through report of a sexual assault, psychological or medical emergency will not be automatically subject to the minimum sanction. Such sensitive situations will be handled on a case by case basis.
7. Salem State University has created a policy specifically for marijuana use and possession. The possible actions available to the student conduct board procedural advisor or designee are described below. In order to maintain the spirit of the law regarding the decriminalization of marijuana use of anything under an ounce, Salem State University has implemented the following as procedural guidelines:
$100 citation (*when appropriate)
Parental notification by Salem State
$100 citation (*when appropriate)
Parental notification by Salem
Disciplinary probation with possible
Disciplinary probation with possible
*Any student found in violation of the marijuana policy and applicable laws by Salem State University Police may be subject to a $100 civil citation and/or arrest.
**Depending on the situation, a sanction can be more or less severe.
XIII. DISCIPLINARY RECORDS
1. All records of disciplinary action are maintained confidentially in the student conduct and mediation programs office. In cases which involve suspension, dismissal or expulsion, the academic departments are notified and the action is also recorded on the student’s academic transcript.
2. No one outside the institution shall have access to a student’s disciplinary record nor will the student conduct and mediation programs office disclose any information in these records without the express written consent of the student involved except as provided in the “Family Educational Rights and Privacy Act of 1974.”
3. Students wishing to review their disciplinary records may do so by making a request to the student conduct and mediation programs office. Records will be made available within seven (7) days from the date of request. Students may also have copies made of their records at their own expense.
4. Students who believe that their disciplinary records contain information that is inaccurate, misleading, or otherwise in violation of their privacy or other rights should follow procedures described in the “Family Educational Rights and Privacy Act of 1974” in order to correct them.
5. Disciplinary records shall be retained until two (2) years after the date of the student graduation or, in the case of withdrawals, the date the student would have normally graduated and then destroyed at the end of the next semester in which the date falls. Records of suspension, dismissal and expulsion shall be retained indefinitely.
XIV. MEDIATION PROGRAMS*
At Salem State University, we believe that mediation is an effective method of resolving disputes, based on principles of communication, negotiation, and joint problem solving. Its emphasis is on flexibility, confidentiality and self-determination, which increased understanding between disputing parties as its ultimate goal.
- Provides a confidential setting in which people can share information comfortably.
- Can result in greater understanding between individuals and groups.
- Offers parties’ autonomy in decision-making.
- Promotes joint problem-solving and mutually acceptable agreements.
How to Participate
Mediation is voluntary It is truly up to the disputing parties to want to seek and fully participate in this form of dispute resolution. Students may also be referred by a third party (e.g. a friend, faculty member, administrator, staff, resident assistant, etc.).
If you would like to consider mediation or to learn more about the process, please contact the Dean of Students office at 978.542.6401.
*Adapted from the North Shore Community mediation Center, Beverly, MA
DISTRIBUTION AND AMENDMENT PROCEDURES
1. The university shall publish a clear statement about the student conduct and mediation process which will be available for review by any member of the university community online.
2. Relevant portions of or reference to the document will be periodically published in such sources as the student online handbook – The Compass (viewed online) and The Log (student newspaper) – but students are encouraged to review the document in its entirety.
B. Amendment Procedures
Amendments to the rules, regulations, or procedures of the university as set forth in this document shall be carried out as follows:
1. All proposed amendments to this document by any member of the university community must be submitted to the associate vice president and dean of students for transmission to the appropriate contract committee. All proposals so submitted shall be forwarded to the Student Government Association (SGA) for recommendations and comments.
2. Once approved in accordance with contract committee procedures, the amendment shall be incorporated into the next scheduled publication of the Student Conduct Code.
3. Changes in the student conduct and mediation process made before the publication of the Student Conduct Code shall be communicated to the student body by appropriate means. An attempt will be made to give as much advance notification as possible.