Barry University Student Handbook
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Student Handbook Housing and Residence Life Manual

Student Organization Discipline System

The discipline of student organizations is incorporated into the University Student Judicial System and operates according to the rules and procedures of that system. For a detailed statement of the University’s official guidelines governing the University Student Judicial System, please refer to The Student Handbook. The following information serves as an outline to the University Judicial System for registered student organizations.

General
Any member of the University community may initiate a complaint against a registered student organization with the Director of Student Activities. The complainant must complete a Notice of Charges. The Notice of Charges shall state the specific regulation alleged to have been violated, the time, date and location of the alleged incident, the name of the charging party and the name(s) of any witnesses/evidence.

The Director of Student Activities will review the Notice of Charges and submit it to the Judicial Coordinator or designee. The registered student organization president or designee shall be informed of the charges by the Judicial Coordinator during a pre-hearing interview. Hearing procedures will be discussed with the registered student organization and then presented with the following options:

To admit responsibility to the charge(s) and request an immediate Administrative Action meeting to determine a sanction.

To deny the charge(s) and request a hearing by a Student Affairs Administrator or Judicial Board. The Judicial Board consists of three (3) students and three (3) faculty members.

If the registered student organization president or designee fails to meet for a pre-hearing interview within the specified period of time, the case will be handled administratively and a decision will be rendered in the organization’s absence.

Judicial Hearing Procedure
Once a judicial board or administrative hearing is selected, the registered student organization is entitled to a hearing within a reasonable period of time. A written notice, 48 hours prior to the hearing, stating the time and place of the hearing will be sent. A registered student organization may review evidence and documents made available to the Dean of Students.

The registered student organization president or designee may present information on behalf of the registered student organization, call witnesses and ask questions of anyone present at the hearing or the registered student organization may elect not to appear at the hearing. Absence shall be noted without prejudice and the hearing shall be conducted in the organization’s absence. The registered student organization may refuse to answer any question(s) or to make a statement and may be assisted by a campus advisor of their choice from among the University community. The name of the advisor must be provided by the registered student organization prior to the hearing. The registered student organization may challenge any member of the hearing body on grounds of prejudice. Finally, a student organization may waive, in writing, any of the rights outlined above.

All hearings shall be closed and conducted as informal discussions between the members of the judicial body/administrator and the registered student organization within the procedural limits established in this document. The complainant shall be required to attend the hearing. All hearings shall be open to the complainant, registered student organization, advisor, Dean of Students and witnesses.

Responsibility of charges/violation(s) must be established on the burden of proof of more likely than not and this burden rest with the complainant. The complainant may be assisted by a campus advisor of their choice from the campus community. Evidence or testimony not bearing specifically on the case shall not be admissible. Only evidence introduced during the hearing shall be considered by the judicial body/administrator in its deliberations. After all evidence has been presented and both the accuser and the student organization have been given an opportunity to make a final statement, the Judicial Administrator or Judicial Board shall close the hearing.

If a decision of violation is reached following the hearing, the following information will be considered before sanction(s) are delivered:

The respondent’s past disciplinary record (if one exist).

The complainant will be able to discuss the impact on the violation(s) and recommend sanction.

The registered student organization may comment regarding the impact of any penalty on them and how it might affect their academic work, extra-curricular activities or scholarships. Also, the registered student organization may present character witnesses.

In all cases where a registered student organization is found in violation, a specific sanction(s) must be applied.

Sanctions
The following disciplinary sanctions may be imposed upon registered student organizations when they have been found responsible for violating conduct regulations. All sanctions may be imposed either individually or in combination. Disciplinary sanctions are imposed for the purpose of holding registered student organizations and their membership accountable for their actions and the actions of their guest(s), whether on campus or at any organization sponsored function.

  1. Permanent Revocation of Organizations Registration:
    "Permanent revocation" of the organization means revocation without leave to apply for new registration. Any organization whose registration is permanently revoked must cease all organizational activities upon receipt of the notice of permanent revocation. Any member of an organization whose registration has been permanently revoked shall relinquish any appointed or elected office held with that organization’s governing body. Balances of all organizational funds granted by the Student Organization Council (SOC) are to be surrendered to the custody of the Student Organization Council Treasurer. Office or housing space assigned by the University shall be vacated within five (5) business days (an organization summarily suspended may be required to vacate space more quickly) from the date the notice of suspension is issued. Space vacated due to suspension may be reassigned to other eligible University organizations.
  1. Suspension:
    Suspension means denial of rights and privileges of a registered organization for a period not to exceed two (2) calendar years. Any organization whose registration is suspended or revoked must cease all organizational activities upon receipt of the notice of revocation or suspension. Any member of a suspended organization may not hold an appointed or elected office with that organization’s governing body for the duration of the organization’s period of suspension. Balances of all organizational funds granted by the Student Organization Council are to be surrendered to the custody of the Student Organization Council Treasurer. Office or housing space assigned by the University shall be vacated within five (5) business days (an organization summarily suspended may be required to vacate space more quickly) from the date the notice of suspension is issued. Space vacated due to suspension may be reassigned to other eligible University organizations. However, office or housing space assigned prior to suspension will not automatically be reassigned. The organization may reapply for a space assignment, subject to availability. Suspended organizations will automatically be placed on probationary status for a minimum of one academic year following their renewed registration.
  1. Disciplinary Probation:
    A period of review and observation during which a student organization is under an official warning that their misconduct was very serious. Subsequent violations of University rules, regulations or policies could result in a more severe sanction including suspension. During the probationary period, a student organization is deemed "not in good standing" with the University and may be subject to but not limited to the following conditions and/or restrictions:

    Denial of the right to represent the University;
    Denial of the right to maintain an office or other assigned space on University property
    Denial of the privileges of:

    1. Receiving or retaining funding
    2. Participating in intramurals
    3. Sponsoring any social event
    4. Sponsoring any speaker or guest on campus
    5. Participating in any social event
    6. Co-sponsoring any social event or other activity
    7. Rush or membership recruitment
    8. Use of University facilities/supplies

Conditions:
Limitations upon a student organization’s privileges for a period of time or an active obligation to complete a specified activity or activities. This sanction may include, for example, denial of housing or social privileges, etc.

  1. Reprimand: An official rebuke making the misconduct a matter of record in University files for a specified period of time. Any further misconduct could result in further disciplinary action.

 

  1. Restitution/Fines: An organization may be ordered to make restitution when the organization has engaged in conduct injurious to property (individual, group or University) for which monetary damages may be ascertained. Restitution may be in the form of financial payment, community service or other special activities designated by the hearing authority. Additional fines may be assessed as a punitive measure.