V. Procedures

Authorization and Recognition of Student Organizations

All student organizations are subject to regulation by the College. Among the benefits of recognition by the College are:

• Use of the College name;

• Utilization of the campus mail system;

• Assistance from the College purchasing office;

• Preferential consideration in the reservation and use (i.e., preferential charge or — when appropriate — without cost) of College facilities and services;

• Assistance from the College Accounting Office with bookkeeping and audit procedures.

Recognition of all organizations is subject to review whenever changes are made in organizational constitutions. Accordingly, organizational officers are expected to notify the Office of Campus Programs and Organizations (CPO) of any constitutional changes whenever they occur.

All student organizations must be registered with the Office of Campus Programs and Organizations.

Students wishing to form a new organization should register with the Office of Campus Programs and Organizations and develop an organizational constitution for presentation to the Student Senate (guidelines for writing a constitution may be obtained at the Office of Campus Programs and Organizations). At the minimum, the constitution for the proposed organization should include the organization’s purpose, anticipated activities, membership selection process, and the provision for at least one faculty or administrative adviser. Groups seeking recognition are encouraged to describe how their purpose contributes to and coincides with the aims of the College. In addition, new organizations should explain how their existence will constitute a useful addition to campus organizations.

Students requesting recognition of a new organization are required to present a copy of its proposed constitution to the Student Senate for review and recommendation. The vice president for student affairs, after receiving the recommendations of the Student Senate and other interested parties, is responsible for the official recognition and authorization of a new organization. The recognition and activity of organizations are subject to periodic review by the Student Affairs Committee of the Student Senate and the CPO office.

Use of Campus Quadrangle

Programs and events to be held on the Campus Quadrangle must first have Administrative Council approval. Contact the vice president for student affairs to submit a request.

Rallies and Demonstrations

Students and student groups may organize to rally and demonstrate on campus regarding issues and causes as long as such students are consistent with the educational mission of the College and adhere to College policy. Rallies and demonstrations including spontaneous ones are not expected to be registered or approved; however, the location is subject to approval.

The College has two designated locations for rallies and demonstrations: (a) the Campus Quadrangle between the Observatory and Ferguson Hall, and (b) the steps (entrance) to Baldwin Hall. For pre-approval of programs and events to reserve the Campus Quadrangle for rallies and demonstrations, sponsors must first contact the vice president for student affairs to submit a request. If a spontaneous rally or demonstration on the Campus Quadrangle conflicts with a pre-approved program or event, the scheduled event has priority. The use of Baldwin Hall steps does not require pre-approval.

Other locations than the Campus Quadrangle or Baldwin steps may be considered, but must first be approved by the vice president for student affairs. If approval for a different location is not granted and a rally or demonstration is under way, a group may be given the option to move or disband.

While the College and the Division of Student Affairs support students and their efforts to peacefully gather, students must also keep in mind that all activities must be conducted in compliance with all state and local laws as well as in accordance with the policies of the College. For example, student behavior that violates local, state, or federal law, disturbs the peace, harms public or private property, or disrupts or interferes with the orderly processes of the College is prohibited. In addition, intentional actions which obstruct, disrupt, or physically interfere with the use of College premises, buildings, rooms, or passages, or refusal to vacate a building, street, sidewalk, driveway, or other facility of the College when directed to do so by an authorized official of the College having just cause is a violation of student conduct.

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Student Handbook Verification Statement

All students who enter Albion College must have a signed Student Handbook Verification Statement as part of their student file. The signed statement verifies that the student has read a copy of the Albion College Student Handbook and understands the policies and procedures governing all students while at Albion.

Failure to sign the statement may result in a hold being placed on a student’s enrollment until a copy is on file at the Office of the Vice President for Student Affairs.

Student Handbook Verification Statements are distributed at the beginning of the initial semester of enrollment by the Office of Residential Life.

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Change of Name, Address, or Marital Status

To ensure that the College maintains accurate records, students who change their personal status (e.g., name, marital status, or home address) must notify the Registrar’s Office.

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Leave of Absence

Leave of absence is a privilege extended to those who desire to interrupt, but not to discontinue permanently, their enrollment from Albion for one or two semesters. Applications must be made in writing to the vice president for student affairs.

A student who is granted a leave of absence may normally participate in enrollment procedures of regularly enrolled students for such considerations as registration, room lottery, and applications for financial assistance. The student is expected to return to Albion following a leave.

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Withdrawal from College

Students who wish to withdraw from the College during a semester (i.e., withdrawing after enrollment has been completed at the beginning of a semester and before the completion of final exams) should initiate the withdrawal process by contacting the vice president for student affairs. To withdraw at the end of a semester, students should also contact the vice president for student affairs. Students will be notified via e-mail that technology accounts are disabled 14 days after Information Technology is notified that a student has withdrawn from the College. After the account is disabled, all GroupWise messages, files stored on network drives and people.albion.edu Web space is deleted.

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Readmission

Former students, or students who have completed withdrawal procedures, may apply for readmission to the College at the Office of the Vice President for Student Affairs. Applications for readmission are to be submitted at least one month prior to the beginning of the semester in which the student wishes to return.

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Student Records

The Albion College statement on student educational rights and privacy appears in Appendix A at the end of this chapter of the Student Handbook.

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Past Due College Debts

Sound business practice provides guidelines for all financial transactions with the College, including but not limited to the payment of fees and other obligations, purchases at the Bookstore, and the cashing of checks. These practices include a respect for accuracy and punctuality. The College deals initially with students rather than their parents when questions concerning these transactions arise.

Failure to meet an installment payment, as provided through a deferred payment agreement for tuition and fees, automatically cancels the privilege of class attendance and on-campus residency.

No diploma, certification, transcript, letter of honorable dismissal, or recommendation will be granted to students who have an indebtedness to the College. Students’ grade reports and registration for subsequent semesters are held until satisfactory arrangements to settle the indebtedness are made with the Accounting Office. Students are responsible for checking with the Accounting Office on questions of indebtedness.

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Refunds

Refunds of overpayments of student accounts are available after the drop/add period and must be requested by the student. Otherwise, no refund check will be generated.

Refunds are not available if students have an AMS/Tuition Pay contract or a deferred payment arrangement until these obligations have been fulfilled, or if the College has not physically received financial aid and/or student loans though these items may be listed as memo items on the student account/bill.

In cases where credit card payments are made, refunds resulting from credit card transactions will be reversed back to the credit card account.

Regarding refunds for overload courses, tuition refunds are made only during the drop/add period. Following this period, students may withdraw from a course at any time during the withdrawal period. If a student elects to withdraw from a course, the course will be listed on the student’s transcript and will remain on the student’s bill as a billable unit. No refund will be made of any portion of tuition or fees related to the withdrawn course. Example one: Kent enrolls with an overload (greater than 4.5 units) and later withdraws after the drop/add period from a 1.0 unit course. He will be billed for the cost of the overload even if his remaining course load is less than overload status. The withdrawn course will also be figured in billing for any changes in course status. Example two: Sharon is taking 4.5 units of credit plus 0.5 units of audit (non-credit) classes. She then withdraws from a 0.5 unit credit course after the drop/add period and wants to change the audit course to a credit course. She will continue to be charged at the overload rate for 5.0 units.

See section on “refunds” in the online Academic Catalog or contact the Office of the Vice President for Student Affairs regarding withdrawals from the College.

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Emergency Student Loans

Students in need of emergency funds may request a loan of up to $50.00 from the vice president for student affairs. Students need to repay the loan in 30 days or students’ accounts will be charged for the amount of the loan.

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General Appeal Procedure

The nature of an academic enterprise and the proximity in which we live and work on the campus seem to make differences of opinion over decisions and policies unavoidable. In some cases, an appeal procedure is built into a process or decision-making situation.

When no appeal procedure seems evident, questions over the manner in which a policy has been followed or a decision has been made should first be directed to the person responsible for the consideration at hand. If the difference of opinion cannot be resolved in this manner, the question is then appropriately discussed with the next higher authority in the department responsible for the decision or exercise of the procedure. Students should consult with the vice president for student affairs when it is unclear who should be approached when appealing a decision or procedure.

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Judicial Process

The purpose of the Albion College judicial process is to review alleged violations of College policies, procedures, and regulations by students or student groups. The various components of the College judicial system are designed to respond to such violations, to determine the facts, to ascertain responsibility, and to recommend or determine sanction(s). Through due process procedures, the College judicial process seeks to ensure the protection of student rights in questions of alleged violations of College policies, procedures, and regulations.

The vice president for student affairs has the authority and responsibility for administering the judicial process. The vice president for student affairs, the College judicial coordinator, the College Judicial Board, and the College hearing officers seek to provide a judicial process and disciplinary function that educates students as to their rights and responsibilities as members of the Albion College community and that encourages students to recognize their obligations to themselves, their peers, and to society as a whole.

It should be noted that the College reserves the prerogative to require students to leave the campus prior to the formal consideration of alleged violation of policies whenever their activities are viewed as threatening or injurious to the well-being or property of self, members of the College community, or to the property or orderly functioning of the College. An individual or group may be required to curtail or modify behavior and/or activities prior to the formal consideration of alleged violation of policies whenever these behaviors and/or activities are viewed as threatening or injurious to the well-being or property of self, members of the College community, or to the property or orderly functioning of the College.

The president of the College or his/her designee may invoke immediate suspension following an incident of serious misconduct on the part of an individual or group when the offender poses a threat to self, others, property, or the orderly functioning of the College, or when a felonious act or high court misdemeanor has been committed.

Actions involving a student or group in a legal proceeding in criminal or civil court do not free the student or group of responsibility through the College judicial process for the conduct in question. The College will proceed with its internal review and process according to a timetable to be determined by the College.

Mediation — Persons or groups not charged with an alleged violation, who are involved in a conflict, may submit their dispute to mediation. Mediation is a voluntary, objective, confidential, and non-judgmental process whereby both parties to a dispute are encouraged to meet with an administrative mediator who will assist them in reaching a written agreement to resolve their conflict. Typical disputes appropriate for mediation may include personal property damage, lifestyle issues between roommates/suitemates, problems in relationships, and minor harassment. Information on mediation may be obtained from the Student Affairs Office.

Guide to the Judicial Process

Albion College strives to be more than a reflection of the society of which it is a part. Through its programs and its example, the College seeks to challenge the society to adopt ever higher standards and expectations for its members. The College is not, however, a sanctuary from the larger society, nor from the laws and expectations of that society. Institutional expectations, regulations, and practices are established to provide an environment conducive to human growth, to reflect the values to which the College subscribes, to recognize the proximity in which students live with one another, and to recognize the developing capabilities of students as they encounter and progress through the college experience.

As a member of the Albion College community, students have the right to address grievances arising from the actions of any student or student group that violate College policies and expectations. The College judicial process has been designed as a means by which all members of the College community, including faculty members, administrators, and students, or the College itself, can seek a remedy in incidents that involve students. The College Judicial Board is composed of students, faculty, and staff members who have received specialized training and who are committed to upholding the educational goals of the College.

The Judicial System

A matter before the Albion College judicial system may be heard by the College Judicial Board or Administrative Hearing officer(s).

The College Judicial Board — The College Judicial Board hears complaints filed against individual students or student groups. The College Judicial Board is split into two divisions: The Academic Infractions Division and the Social Infractions Division. The vice president for student affairs and the Judicial Board (Social Infractions Division) have jurisdiction over cases of violation of non-academic rules of the College; the Faculty Steering Committee, the vice president for student affairs, and the Judicial Board (Academic Infractions Division) have jurisdiction over cases of violation of academic rules of the College.

The Judicial Board must hear all cases of alleged violation of the academic or non-academic rules of the College referred to it. In cases of non-academic infractions, the Social Infractions Division shall make the finding of responsibility or non-responsibility and make a recommendation for the sanction(s) to the vice president for student affairs.

In cases of academic infractions referred to it for decision, the Academic Infractions Division shall make the finding of responsibility or non-responsibility, and direct the vice president for student affairs, the vice president for academic affairs, or the registrar, as appropriate, to carry out the sanction(s) on behalf of the College.

The Judicial Board consists of the following membership:

• Two student members, one male and one female, available to serve from the pool of three male and three female student members. Two men and two women are nominated through an application process by the Student Senate and appointed by the vice president for student affairs. One male and one female student are also appointed by the vice president of student affairs to further diversify the pool of available student members.

• One Residential Life student representative (resident assistant or R.A.), available to serve from the pool of two R.A.s, appointed by the director of residential life.

• Two faculty members (taking into consideration both female and male representation), available to serve from the pool of four faculty members, each of whom must have completed at least one year of service at the College at the time he/she takes office, elected by the faculty.

• One administrator who is not a member of the Student Affairs staff, appointed by the vice president for student affairs.

• The director of residential life or alternate Student Affairs administrator appointed by the vice president for student affairs. (Campus Safety professional staff are not eligible to serve.)

The Social Infractions Division of the Judicial Board consists of the full membership of the Judicial Board as defined above. The administrator who is not a member of the Student Affairs staff serves as the chair of the Social Infractions Division.

A quorum of the Social Infractions Division shall consist of three members if the following conditions are met:

a. At least one student who is not a Residential Life staff member is present.

b. At least two of the faculty and administrative members are present.

The Academic Infractions Division of the Judicial Board consists of the following Judicial Board members:

• Two faculty Judicial Board members (taking into consideration both female and male representation), available to serve from the pool of four faculty members. One of the faculty members of the Board is appointed by the Faculty Steering Committee to serve as chair of the Academic Infractions Division.

• One student Judicial Board member, available from the total pool of eight student members.

A quorum of the Academic Infrac-tions Division shall consist of two faculty members and one student member of the division.

A division may hear cases only when a quorum is present. If a regular member must be absent from a hearing or if there is an evident conflict of interest for any member, the College judicial coordinator shall designate another member to attend that session of the division as a replacement to achieve a quorum. In the event that a division cannot be constituted from the members provided above, the chair may appoint ad hoc members from the membership of the student body, the faculty, or the administration.

The vice president for student affairs or designee:

• Reviews the written record to determine whether and what charge(s) will be heard;

• Determines which contents of the written record are relevant to the charge(s); and

• Determines whether a particular case is heard by the College Judicial Board or decided in an Administrative Hearing. The determination is based on factors such as the time of semester and the number of cases pending.

In addition, the vice president for student affairs or designee determines how a particular case will proceed when the College is not in session.

Administrative Hearing — An Administrative Hearing allows one or more administrators, appointed by the vice president for student affairs, to hear complaints filed against students or groups, to determine if the respondent(s) is/are responsible or not responsible for the alleged violations, and to recommend or determine the sanction(s). The hearing officer(s)’ determinations are based on the preponderance of the evidence (i.e., that which the hearing officer believes is more likely than not to have occurred based on the information presented). The only people attending an Administrative Hearing are the hearing officer(s) and the respondent. Additional persons may be present at the request of the hearing officer(s) for the purpose of providing additional relevant information. The character of the respondent and other parties to the case is not relevant.

Initiating the System

Any member of the College community—faculty, staff, or student—or the College itself may file a complaint. The College may bring a complaint in addition to the complaint of an individual. Special policies and procedures for addressing cases of academic dishonesty can be found in the Academic Information section of the Student Handbook.

Once a complaint is filed, Student Affairs staff may do some preliminary investigation of the alleged violation. The vice president for student affairs or his/her designee will make an initial determination that a formal judicial hearing is or is not warranted. Examples of instances in which there may be a determination that a hearing is not warranted are insufficient evidence of a violation, a previous adjudication arising from the same incident, or an improper motivation on the part of the complainant, such as retaliation. If a determination is made that a formal judicial hearing is warranted, the form of the hearing will be determined by the vice president for student affairs. The judicial coordinator or hearing officer will provide the respondent with a written notification at least two (2) days before the time of the hearing. This notice will provide information regarding the date, the time, and the place of the hearing. The judicial coordinator or hearing officer will meet with the respondent to review the complaint and the corresponding evidence and to review the respondent’s rights within the judicial process. The respondent will then be asked to indicate in writing whether he/she admits or denies responsibility for the actions in the complaint.

If the respondent admits violating the policy(ies) cited, the Judicial Board or hearing officer(s) will meet with the respondent to discuss the violation(s), and will recommend or determine the sanction(s) in response to the incident. If the respondent denies violating the policy(ies) cited, the Judicial Board or hearing officer(s) will meet with the respondent to discuss the violation(s), will determine whether or not the respondent is responsible for the violation(s) cited, and will recommend or determine the sanction(s) if necessary.

In deciding whether a complaint should be carried forward against a group, the following considerations, although not exclusive, should be weighed singly or in combination:

• Use of a group’s funds for the questioned activity or act;

• Approval, preplanning, and/or support of the questioned act or activity by the group;

• Participation in the questioned act or activity by a group officer, whether or not acting in his/her official capacity;

• Involvement in the questioned act or activity by 10 percent or more of the group’s membership;

• Actions by the group to cover up the questioned activity or act and/or to protect those group members involved;

• Failure of the group or its officers to fulfill its responsibilities to enforce College or group policy, procedure, or regulation;

• Fraternity housing is privileged housing and, consequently, the College holds fraternities to a high standard of conduct and expects fraternities to self-govern their environments. Fraternity chapters may be held responsible, as a group, if it is deemed that one or more individual members or guests violated College policy on the premises of the chapter house.

• Participation in the questioned act by the members of a group or the residents of a living unit. The definition of living unit includes, but is not limited to, a corridor in Seaton Hall, Wesley Hall, Whitehouse Hall, or Mitchell Towers; a “language house” in Gerstacker International House; a fraternity residence; an annex; an apartment; Dean Hall; Fiske House; or Ingham Hall.

The procedures to be followed once a complaint has been filed against a group are the same as those outlined above for individuals.

A complaint may be simultaneously carried forward against a group and individual member(s) of a group.

A Judicial Board Hearing

As stated before, the Judicial Board serves as a representative of the College community. Only members of the board, the complainant(s) (including a designated spokesperson for the College if the College itself is a complainant), the respondent(s), the individual acting as adviser to either the complainant(s) or the respondent(s), witnesses, and the College judicial coordinator may attend the judicial board hearing. Hearings are not open to the public. If a group is charged, then the president of the group or his/her designee acts as the respondent. The complainant’s or respondent’s adviser must be a full-time student, faculty, or staff member of Albion College who is not party to the case and is not an attorney. The adviser may not serve as a witness or represent the complainant or respondent in a manner similar to an attorney. Witnesses are persons who can testify on the basis of knowledge of facts relevant to an alleged violation. Each party has the right to call witnesses subject to the authority of the chair to exclude irrelevant or repetitious evidence.

The purpose of the hearing is to give each party the opportunity to present his or her side of the issue and for the board members to determine whether the alleged violation(s) occurred. The character of the respondent and the complainant is not relevant in any hearing. In a case involving alleged sexual assault or sexual harassment, previous sexual conduct of the complainant is not relevant. If the respondent is found responsible for the alleged violation(s), or if the respondent has claimed responsibility for the alleged violation(s), the board will recommend or determine the sanction(s). The respondent has the right to not speak at the hearing without any assumption being made by the board, as the burden of proof rests on the person bringing the complaint. The board is not like a court of law in that:

• Rules of evidence are different;

• Decisions are made based on a preponderance of the evidence;

• The focus is on education rather than punishment.

Hearing Proceedings — At the hearing, the chair of the board will make opening remarks. The respondent will be asked if he/she objects to having any of the board members hear the case. If there is an objection, the respondent will be asked to state the reason. The complainant, respondent, and respective adviser(s) will be asked to leave the room, and the board will decide whether or not to remove the board member in question. The hearing participants will then return to the room and be given a decision on that issue.

Once the hearing begins, the complainant will be given time to make an opening statement and present evidence which supports that a violation has occurred. The respondent then is also allotted time to present information on his/her behalf, but this is not required. After these presentations, the board will ask questions of parties and any witnesses to clarify points and gain a better understanding of the issues of the case. The complainant and respondent are given the opportunity to question witnesses. At the end of the question period, the complainant and respondent each have time to make a closing statement. This closing statement should summarize the position of each party and review any evidence/information that was presented during the hearing.

After the closing statement, the board will move into a private session to deliberate the facts presented during the hearing. Only information presented as a part of the hearing will be used to make a determination of responsibility or non-responsibility. The board’s determinations are reached by a simple majority vote and are based on the preponderance of the evidence (i.e., that which the board believes is more likely than not to have occurred based on the information presented).

The board will first decide whether or not the respondent will be held responsible for the alleged violation(s). If the respondent is found responsible, or if he/she has admitted responsibility, the board will recommend or determine the sanction(s). The vice president for student affairs (or his/her designee) will make pertinent information pertaining to past offenses available to the board at the time it is considering sanctions. Note that in cases of non-academic infractions, the Social Infractions Division of the Judicial Board shall make the finding of responsibility or non-responsibility and make a recommendation for the sanction(s) to the vice president for student affairs.

In cases of academic infractions referred to it for decision, the Academic Infractions Division of the Judicial Board shall make the finding of responsibility or non-responsibility. If the respondent is found responsible, the board will determine the sanction(s) and direct the vice president for student affairs, the vice president for academic affairs, or the registrar, as appropriate, to carry out the sanction(s) on behalf of the College.

The parties will be called back into the room and given the board’s decision, which is then communicated to the vice president for student affairs. Results of the board’s actions and the judicial process are communicated to the respondent, in writing, by the vice president for student affairs. The sanction which is conveyed to the respondent at the time of the hearing is effective immediately unless indicated otherwise by the vice president for student affairs (or his/her designee).

A tape recording of the judicial board hearing will be made by the College judicial coordinator. This recording is the property of Albion College, and is available only to the vice president for student affairs or his/her designee for the purpose of making determinations stemming from an appeal of the results of a judicial board hearing. Other parties may not have access to or copies of the recording. The recording is destroyed when: (1) the time period for filing an appeal expires without an appeal being properly filed, or (2) a decision is made by the vice president for student affairs or his/her designee in the event of an appeal.

Judicial Board Rights of a Respondent

When a student appears in front of a judicial board as a respondent, he/she is afforded certain due process and procedural rights by the judicial process:

• The right to examine all written reports relevant to his/her case before a hearing. A respondent does not have the right to receive copies of documents in judicial process files.

• The right to bring an adviser to a hearing. This adviser must be a full-time student, faculty, or staff member who is not party to the case and is not an attorney. The adviser may not serve as a witness or represent the respondent in a manner similar to an attorney.

• The right to question all evidence allowed at the hearing, all witnesses, and the complainant(s).

• The right to present relevant evidence and witnesses on his/her behalf. The number of witnesses called may be determined by the chair of a board to exclude irrelevant or repetitious evidence during a hearing.

• The right to testify or not to testify on his/her own behalf. The respondent may testify orally and/or in writing. Exercising the right to remain silent will not be inferred as an admission of responsibility.

• The right to attend or not attend the hearing. In choosing to not attend, the respondent forfeits his/her right to question evidence, witnesses, and the complainant(s).

• The right to assurance that any board determination of responsibility is based only on the evidence presented at the hearing.

• The right to a hearing conducted without unreasonable delay following the notification of charges.

• The right to written notification of a decision in his/her case in a timely manner.

• The right to request review for an appeal after a determination is reached.

Administrative Hearing Rights of a Respondent

When a student participates in an administrative hearing as a respondent, he/she is afforded certain due process and procedural rights by the judicial process:

• The right to examine all written reports relevant to his/her case before a hearing. A respondent does not have the right to receive copies of documents in judicial process files.

• The right to question all evidence allowed at the hearing.

• The right to present relevant evidence on his/her behalf.

• The right to testify or not to testify on his/her own behalf. The respondent may testify orally and/or in writing. Exercising the right to remain silent will not be inferred as an admission of responsibility.

• The right to attend or not attend the hearing. In choosing to not attend, the respondent forfeits his/her right to question evidence.

• The right to assurance that any hearing officer’s determination of responsibility is based only on the evidence presented at the hearing.

• The right to a hearing conducted without unreasonable delay following the notification of charges.

• The right to written notification of a decision in his/her case in a timely manner.

• The right to request review for an appeal after a determination is reached.

Determination of Responsibility/Non-Responsibility

Not Responsible — A Not Responsible decision means that evidence and arguments presented were not convincing enough to hold the student or group responsible for violating the rule or policy cited in the complaint.

Responsible — A Responsible decision means that evidence and arguments presented were convincing enough to hold the student or group responsible for violating the rule or policy cited in the complaint.

Sanctions

A sanction is a follow-up determined by a hearing administrator or body which is meant to recognize a violation of College policy and educate the respondent toward more responsible behavior in the College community. Sanctions may or may not affect a student’s status at the College, depending on the severity of the violation and the necessary follow-up. Sanctions, which may be imposed singly or in combination for individuals and/or groups, include:

No Further Action — This sanction acknowledges that the respondent did violate the College policy cited, but the nature of the violation and/or the attitude of the respondent allow the hearing body to be confident that the respondent learned from the experience and will attempt to avoid future violations.

Warning or Censure — A Warning (Censure applies to student groups) is a written reprimand that expresses disapproval of the student’s or group’s actions and warns against future violations.

Status of Warning — This sanction provides the respondent with a specific period of time during which the student or group should pay special attention to avoiding future violations.

Status of Probation — This sanction acknowledges a serious violation of a College expectation and sets a specific length of time during which further violations of College policies, procedures, and/or regulations would likely lead to more serious consequences, including:

• Suspension of a student’s or group’s status;

• Permanent expulsion (for students);

• Removal of recognition and/or housing reassignment (for groups).

Suspension of an Individual — Suspension is separation from the College for a specified period of time, ordinarily at least one semester in length. During this separation, the respondent is prohibited from enrolling in any academic work offered by the College, is not permitted to visit the College without permission from the vice president for student affairs, and may not attend any College function on campus. The intent is for the student to have time away from the College environment to consider the situation at hand and, after the specified period of time, apply to return to the College with a better understanding of his/her responsibilities within the community.

Suspension of a Group — The group will not be recognized for a set amount of time, or until specified conditions set by the College are met. During this time, the group ceases to be recognized by the College and may not function. If the group is residential in nature, housing for individual members of the group or the group as a whole may be reassigned during the period of the suspension.

Expulsion of an Individual — Expulsion involves dismissal and permanent removal from the College without possibility of readmission.

Removal of Recognition of a Group — The group will no longer be permitted to function or exist at Albion College. If the group is residential in nature, housing for individual members of the group or the group as a whole may be reassigned.

Other — There are other actions that may be used in concert with or in place of the sanctions mentioned above including fines, random alcohol and/or other drug testing at a student’s own expense, restitution, educational projects, housing reassignment, or forfeiture of privileges. For example, a student may be required to remove personal belongings like a stereo from campus. Note: If a student does not comply, the College may confiscate the item(s) at the student’s own risk. (See “Liability Disclaimer.”)

Appealing the Decision

The respondent has the right to request review for an appeal of the decision and/or sanction(s) of an administrator or the board. The Albion College judicial process provides that an appeal may be granted when the respondent demonstrates grounds sufficient to support a determination that at least one of four bases for appeal exists:

• There were procedural errors that substantially affected the rights of the respondent;

• New evidence has been discovered that could not have been presented at the original hearing and that is of a character directly affecting the decision;

• The decision is incompatible with the evidence;

• The penalty is excessive.

Initial review of the sufficiency of a request for appeal is based on the content of the written request and the written record and may include consultations by the reviewing officer with the College staff, in the case of a social violation. Initial review does not include a hearing. In instances involving social regulations, requests for appeal are reviewed by the vice president for student affairs or his/her designee. Such a request must be filed, in writing, with the vice president for student affairs or his/her designee by the date indicated in the written decision letter (normally five working days from the date of the letter). In instances involving academic dishonesty regulations, requests for appeal are reviewed by the Faculty Steering Committee. Such a request must be filed in writing with the vice president for student affairs or his/her designee by the date indicated in the written decision letter (normally five working days from the date of the letter). In each case, the reviewing administrator or body will deny the request if the request for appeal does not establish the existence of one of the grounds listed above, or will grant the appeal if the existence of one or more of the grounds is sufficiently demonstrated.

If an appeal is granted, the respondent will be afforded an opportunity to present the basis for it in person. An adviser is not permitted on appeal. The appeal administrator or body will review the record and consult with people with pertinent information to the extent necessary to decide the appeal. It should be noted that the burden of proof in an appeal shifts to the respondent student or group, and that an appeal is not a rehearing of the case. In any appeal, the administrator or body may, after hearing the appeal, deny any change in the finding or sanction(s), modify the finding and maintain the sanction(s), allow the finding to stand and reduce the sanction(s), modify the finding and reduce the sanction(s), or vacate the finding in whole or in part and refer the case back to the hearing body for further deliberation. Student questions concerning penalties assigned in a course by an instructor as the result of academic dishonesty may be addressed through those procedures normally followed by students questioning their evaluation in a course.

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Chapter V, Appendix A

Privacy Rights Policy

The Family Educational Rights and Privacy Act (the Act) of 1974 (as amended) is a federal law which states (a) that a written institutional policy must be established and (b) that a statement of adopted procedures covering the privacy rights of students be made available. The Act provides that the institution will maintain the confidentiality of student educational records and access to them by students.

FERPA Definition of Records

The Act defines education records as records, files, documents, and other recorded materials which contain information directly related to a student and which are maintained by Albion College or a person acting for the College. The term education record does not include records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto that are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute; records on a student who is 18 years of age or older that are created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in a professional or paraprofessional capacity, or assisting in that capacity and in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, provided, however, that such records can be personally reviewed by a physician or other appropriate professional of the student’s choice; records of students as employees unless the employment results from the employee’s status as a student; and alumni records.

Access to Records

FERPA accords all the rights under the act to all students at the College. This includes the right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. Albion College will make disclosures without consent in these circumstances.

• To school officials with legitimate educational interests. A school official is defined as a person employed by the College in an administrative, supervisory, academic, or support staff position (including law enforcement unit and health and counseling staff); a person or company with whom the College has contracted (such as a company providing services with respect to financial aid awards, student insurance, or other administrative support and research services, including those related to student testing and retention; an attorney, auditor, or collection agent); a person serving on the Board of Trustees; a student serving on an official committee, such as a disciplinary or grievance committee; or a person assisting a school official in performing his/her tasks (such as employment responsibility). A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his/her professional responsibility.

• Upon request to officials of another school in which a student seeks or intends to enroll.

• To persons or organizations providing students financial aid.

• To accrediting agencies carrying out their accrediting function.

• To persons in an emergency in order to protect the health or safety of students or other persons.

Albion College will also release information to be in compliance with a judicial order; this release will occur only after an attempt has been made to contact the student at the current campus or last known permanent address.

Under certain circumstances information may be released to parent(s)/guardian(s). On an annual basis, students are expected to notify the Office of the Vice President for Student Affairs whether or not, for tax purposes, students are dependents claimed on the income tax return of their parent(s)/guardian(s). The vice president for student affairs will facilitate this notification process. A representative of the College may communicate with parent(s)/guardian(s) relative to the following circumstances: discontinuance of enrollment, medical (including psychiatric) and/or psychological examinations required for the maintenance of enrollment as determined by the vice president for student affairs, alleged violation of a College regulation that will likely result in suspension or expulsion from the College if the student is found responsible; absence from the campus when there is reason to be concerned for the student’s well-being because the student’s whereabouts are unknown; academic or disciplinary probation; needed medical or psychological attention, the nature of which might jeopardize a student’s ability to maintain the status of enrolled. Parent(s) or guardian(s) in these cases will be defined as the individual the student has recorded as the parent(s) or guardian(s) on the admissions application. A student may change this designation at any time at the Registrar’s Office.

A record of all disclosures will be maintained in the student record, except when the request is made by (1) the eligible student, (2) a school official who has been determined to have a legitimate educational interest, (3) a party with written consent from the eligible student, or (4) a party seeking directory information. The record of each disclosure will contain the name of the parties who have requested or received information and the legitimate interest the parties had in requesting or obtaining the information.

A listing of the types, locations and custodians of education records follows.

The rights of this policy are extended to all students enrolling in Albion College after January 1, 1975.

Directory Information

At its discretion, the College may provide directory information in accordance with the provisions of the Act to include: name, permanent address, name of parent(s)/guardian(s), local address, local telephone number, e-mail address, dates of enrollment, degrees earned, dates of degrees, class year, majors, minors, concentrations, adviser, awards/honors/scholarships, photographs, sports and activities, and height and weight of members of athletic teams. It should be known that it is the College’s choice to release this information, and careful consideration is given to all requests to insure that the information is not released indiscriminately. A student may withhold directory information by notifying the Registrar’s Office in writing within two weeks after the first day of class for the term.

Requests for non-disclosure will be honored by the institution for only one academic year; therefore, authorization to withhold directory information must be filed annually in the Registrar’s Office.

Review Process

The Act provides students with the right to inspect and review information contained in their educational records, to challenge the contents of their educational records, to have a hearing if the outcome of the challenge is unsatisfactory, and to submit explanatory statements for inclusion in their files if they feel the decisions of the hearing panel to be unacceptable. The Registrar’s Office and the Vice President for Student Affairs’ Office have been designated by the institution to coordinate the inspection and review procedures for student educational records, which include admissions, personnel, academic, and financial files, and placement records. Students wishing to review their education records must make written requests to the registrar or the vice president for student affairs, listing the item or items of interest. Records covered by the Act will be made available within 45 days of the request. All documents will be reviewed in the presence of a designated official. Any document a student may see he/she may have copies of, unless a financial hold exists, the document involves another person, or the student has waived his/her right to access. These copies would be made at the student’s expense at 10 cents a page.

Restricted Information

As outlined by the Act, a student may not inspect and review the following: financial information submitted by parent(s)/guardian(s); letters of recommendation to which the student has waived the rights of inspection and review; or education records containing information about more than one student, in which case the institution will permit access only to that part of the record which pertains to the inquiring student. The institution is not required to permit a student to inspect and review confidential letters and recommendations placed in the files prior to January 1, 1975, provided the letters were collected under established policies of confidentiality and were used only for the purposes for which they were collected.

Challenge Procedures

A student who believes that an education record contains information that is inaccurate or misleading or otherwise in violation of his/her privacy or other rights may ask the College to amend a record. The student should write the College official responsible for the record, clearly identify the part of the record he/she wants changed, and specify why the student believes it is inaccurate or misleading. The College official should consult with the vice president for student affairs or the registrar. If the decisions of the College official are in agreement with the student’s request, the appropriate record will be amended. If not, the student will be notified within a reasonable period of time that the record will not be amended, and the student will be informed by the registrar or the vice president for student affairs of the right to a formal hearing. A request for a formal hearing must be made in writing to the chief academic officer (vice president for academic affairs), who, within a reasonable period of time after receiving such request, will inform the student of the date, place, and time of the hearing. Such a written request will be deemed a consent to disclosure to the hearing panel of the student’s record to the extent necessary for the appeal to be considered and decided. The hearing will be conducted according to the challenge procedure adopted by the College. At the hearing, the student may present evidence relevant to the issues raised and may be assisted or represented at the hearings by not more than two people of the student’s choice. The hearing panel that will adjudicate such challenges will be the chief academic officer (vice president for academic affairs), the registrar if the challenge concerns a document maintained by the vice president for student affairs, the vice president for student affairs if the challenge concerns a document maintained by the registrar, two faculty members selected by the Faculty Steering Committee, and two student members selected by Student Senate. No member of the hearing panel may have a direct interest in the outcome of the hearing.

Decisions of the hearing panel will be final, will be based solely on the evidence presented at the hearing, and will consist of a written determination which will include a summary of the evidence, the decision, and the reasons for the decisions, and will be delivered to all parties concerned. The panel may decide to revise or amend a record by inserting corrective information into the student’s file, or to allow a record to stand. If the decision is unsatisfactory to the student, the student may place with the education record statements commenting on the information in the record or statements setting forth any reasons for disagreeing with the decisions of the hearing panel. The statements will be placed in the education record, maintained as part of the student record, and released whenever the record in question is disclosed.

A student has the right to submit a written complaint to the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202-4605, if the student believes the College has violated the student’s right under the Family Education Rights and Privacy Act.

Revisions, clarifications, and changes may be made in this policy at any time and will be effective upon publication by e-mail, printed announcement distributed to all students, posting in a prominent location on campus, or any combination of those means, or publication in subsequent editions of this handbook.

Annual Notification

Students will be notified of their FERPA rights annually by publication in the Student Handbook.

Types, Locations, and Custodians of Records

The following is a list of the types of records that the College maintains, their locations and their custodians.

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