1. Interim Suspension – When immediate action is necessary to protect the health or safety of any community member or to prevent disruption to the University’s learning environment, including students presenting evidence of self-harm, the president or Dean of Students or his/her designee may temporarily suspend a student. (In rare circumstances, a hearing authority may also suspend a student.) The attempted/actual physical abuse or restraint of University personnel or contractors, while acting within the scope of their duties, will also serve as a justification for an interim suspension to be imposed. Within five academic days of the invocation of this suspension, a community standards panel must determine whether grounds still exist to warrant its continuation. If there is a reasonable basis to conclude that the student may be responsible for the activity in question, and there is a possible threat to health and safety, or a threat of disruption of the normal operating procedures, the suspension may be continued. The existence of criminal charges levied by public authorities would, in itself, provide a reasonable basis for continuation. In addition, the hearing authority may review disciplinary history or other relevant information. This “suspension hearing” before the panel does not constitute the original hearing on the merits of the incident in question. This process may be altered when medical factors are claimed to be associated with the behavior in question. 

    Note: Administrative removal from residency does not require a community standards review hearing. 

    While under an interim suspension, students are not permitted on either campus for any reason without the express permission of the Associate Vice President for Student Affairs (or designee). Interimly suspended students may not participate in co-curricular activities either on or off campus. For the purposes of this provision, co-curricular activities include, but are not limited to, performances, rehearsals, practices, competitions, and club/organization meetings. When the Interim Suspension has been invoked as a result of a potential violation of the University’s policy on AntiHarassment and Non-Discrimination, Section 2.10, both the complainant and respondent will be invited to attend the hearing and offer statements. Once the hearing has been scheduled, it will not be delayed due to extenuating circumstances. All parties can also issue statements through the Department of Public Safety or the Title IX Compliance Officer. All decisions pertaining to modifications will be subject to a review by the Director of Community Standards or his or her designee. This may result in further modifications to ensure the feasibility of the University to ensure compliance with any modifications. Section One: Code of Conduct 23 When the Interim Suspension Policy has been invoked and there is reason to believe that the behavior is related to a medical (physical/psychological condition), a hearing will be held as soon as reasonably possible with the Dean of Students, or the Dean’s designee, or a panel appointed by the Dean which may include health professionals. If there is a reasonable basis to conclude that the student may be responsible for the activity in question, and there is a direct threat to the health and safety of others, or the student’s behavior is disruptive to the University’s learning environment, the suspension may be continued. Discontinuance of the suspension, if warranted, may be conditioned on the application of medical treatment or reasonable accommodations agreed upon by the University in consultation with the student, parents/guardians and/or health professionals. If the hearing authority does not remove the suspension, the suspension will be continued indefinitely pending presentation of new information indicating that the threat to the health and safety of others has been removed, that there is no longer a risk the student will be disruptive to the University’s learning environment, and/or there are reasonable accommodations or treatment is available. 

  2. Advance Notice of Rights/Issues – All participants in hearings before the Community Standards Board must be notified of their rights in the process at least 48 hours in advance of any hearings of issues involving them. Students charged with violations to be heard by the Community Standards Board must be notified of the issues and of the date and time of the hearing at least 48 hours prior to the hearing. Issues shall be presented in writing and in sufficient detail to allow the student to prepare an adequate response. (Because of the nature of the issues heard by residence directors and community standards administrators, 48 hours’ notice is not required prior to the resolution of the matter. 
  3. Choice of Hearing – Pertaining to social code violations, issues possibly requiring a level 1 consequence must be heard by a Community Standards Board panel of two students and one administrator. Issues possibly requiring consequences from level 2, not including dismissal, to level 3 may be heard by a Community Standards Board panel or by a community standards administrator depending upon the student’s request. However, if the student is facing suspension, then a panel must be convened. Certain issues possibly requiring consequences from levels 4 or 5 may be heard by a community director or assistant director if appropriate. All Board Panels hearing matters involving Section 2.10 will be comprised of 3 administrators selected by the Office of Community Standards. In the adjudication of all policy violations, when arriving at a decision the standard to be applied is the “more likely than not” standard.
  4. Record of Hearing – All Community Standards Board hearings will be audiotaped for appeal purposes. Community Standards Board deliberations are not included in this provision. The tapes are destroyed at the end of the appeals process.
  5. Conflict of Interest – Community Standards Board members who have direct interest or potentially prejudicial interest in a particular proceeding should declare themselves ineligible to hear the matter and withdraw from the proceeding. 24 Rider University Student Code of Social Conduct 2017
  6. One Original Decision – There may be only one original decision for any given hearing. An appeal to a higher authority, as well as any re-hearing ordered by the appellate body, constitutes a waiver of this right.
  7. Time Limitation/Impact on Degree – Action with respect to violations of the Code of Social Conduct should be commenced within one calendar year of the date of the conduct which is alleged. This time limitation may be extended by the Office of Community Standards when (1) that office is unaware of the conduct in question, (2) the conduct in question is under investigation or subject to action by a governmental authority, or (3) the student delays the process or acts to prevent the University from learning of the incident. If the student is scheduled to graduate within the calendar year, reasonable efforts will be made to have the issue dispensed with prior to graduation which would include the right to appeal Community Standards Board decisions to the University Appeals Council. However, if it is not feasible to resolve the issue prior to graduation, the president or Dean of Students may decide that the granting of the degree and issuance of the diploma be withheld until such resolution occurs. If that decision is made, a Community Standards Board panel must determine within five academic days whether grounds still exist to continue withholding the degree. The board may consider the severity level of the violation, the existence of criminal charges, campus disciplinary history, the possible threat of disruption of normal operating procedures, etc. Such a determination does not constitute the original hearing on the merits of the issue in question. The running of these time frames may be suspended if the student becomes unenrolled. (This provision does not affect the running or tolling of any local, state or federal ordinance or law for civil or criminal violations.)
  8. Right to Assistance – A student who appears before a hearing body has the right to be assisted/supported in his/her response by any current consenting faculty, staff or student member of the Rider community (with the exception of members of the Academic Integrity Committee, College Appeals Council, SGA Executive Board, or President of the University). The student’s right to an adviser attaches upon receipt of the notice of issues. The adviser should not be connected with the specific matter in any way prior to assuming the role of adviser. Advisers are permitted for the sole purpose of supporting the student appearing before the hearing body and may not participate in the actual hearing. Community Standards Board members are trained to act in the capacity of an adviser. Students appearing before a hearing body bear sole responsibility for arranging an adviser.
  9. Right to Be Present – The student and his/her advisor have the right to be present during all proceedings while issues are presented and witnesses heard. The matter may not be heard in the absence of that student unless he/she has waived the right to be present. See #18, Failure to Appear. The student’s incarceration will be considered a waiver of these rights. The private deliberations of the hearing body is an exception and is not an abridgment of these rights. Section One: Code of Conduct 25
  10. Right to Give Evidence – The student and his/her advisor have the right to present evidence and witnesses. The Community Standards Board has the right to insist that information and/or witnesses relevant to the issue being heard be made available to the Board.
  11. Self-Incrimination – During a hearing before a Community Standards Board, self-incriminating statements made, or incriminating items supplied by the student are not required and will not be used in a hearing unless the student has been informed of the right to refuse to supply such statements. No inference of guilt may be drawn by the authority because of the exercise of this right. However, the student may voluntarily waive it. In cases where the student may also be facing litigation in public court, he/she may request to have an attorney present during the University proceeding for the sole purpose of advising the student on how best to respond to certain questions in order to protect his or her rights in the public court proceedings. If the student’s attorney is present, the University may also have an attorney present to ensure that the correct procedural rules are followed, and to advise participants of any legal issues that may be raised by the student’s attorney. The student’s attorney will not receive notices of hearings, etc., which might be sent to his or her client. It is the student’s obligation to communicate all such information to the attorney.
  12. Questioning of Witnesses – The student, his/her advisor, the university representative, and Community Standards Board members have the right to question all witnesses who testify at the hearing. If witnesses giving testimony against a person do not testify in the presence of that person, the identity of the witnesses and transcripts of the testimony and/or other evidence to be presented shall be furnished to the student no later than 24 hours prior to the hearing. The hearing authority has a special responsibility to establish the objectivity and credibility of such testimony.
  13. Search and Confiscation – Evidence obtained in violation of this policy is not to be considered by any hearing authority. If a member of the community suspects the presence of illegal articles or contraband, or items related to the commission of a violation, the person is required to obtain permission to search and/or confiscate. No member of the community is permitted to search the room or area of any student or take any of the above items without the student’s consent unless written permission to search and/or confiscate has been given by the Dean of Students or his/her designee. The permission is limited in duration, and is as specific as possible with regard to the items, people, etc. sought and the areas available for search. Whenever possible, the student involved, the resident of a certain room, for example, should accompany those making the search. Any other prohibited item, or items, information, etc. otherwise linked to the commission of a violation which are happened upon during a search can be taken and brought to the attention of the Dean of Students Office. 26 Rider University Student Code of Social Conduct 2017 Note: Prior written permission is not necessary in cases of emergency, matters of health, to verify room occupancy, to inventory recovered lost or stolen property, where the items are in plain view or where the student occupying the room has given consent. Any prohibited item or other items, information, etc. linked to the commission of a violation which are happened upon can be taken and brought to the attention of the Dean of Students Office. (A copy of the procedure for obtaining such written permission is available from the Office of Community Standards or the Student Government Association.)
  14. Past Record – No record of a student’s past community standards history or other material irrelevant to the issue being heard shall be permitted during the merit determination phase of a student’s hearing. However, records of past dispositions and other material deemed relevant may be considered in the determination of appropriate consequences in the event the student is found to be responsible for the violation(s), and may serve to elevate the consequences.
  15. Written Decision – The hearing authority is to base their decision solely upon the evidence introduced during the student’s hearing. The student shall receive a written copy of the decision containing the findings and the consequences to be applied, as well as notification of the right to appeal and how to initiate that process. Copies of the decision shall also be sent to the Dean of Students, the disciplinary files, and those persons deemed by the appropriate disciplinary body as needing such notification.
  16. Maintenance of Records – Information from disciplinary files shall not be made available to unauthorized persons without the express written consent of the student involved except under legal compulsion in compliance with federal regulations or in cases where the safety of persons is involved. The only parties authorized to maintain records of individual disciplinary cases shall be the Dean of Students Office, and those persons empowered by the University to do so.
  17. Closed Hearings – Hearings are to be closed unless there is a request to hold an open hearing by the student. The hearing authority shall determine if the request should be granted. In any case, all persons participating in the process, including attorneys, advisors, and persons deemed to have an interest in the proceeding, as determined by the hearing authority, may remain with the student’s permission. Matters involving sexual assault shall remain closed.
  18. Failure to Appear – If a student has received due notice of an allegation and fails to appear at a hearing after receiving proper notice, the student will be charged with contempt of the system. When the student receives notice of the contempt charge, a second hearing will be scheduled to hear both the original allegation and the contempt charge. If the student fails to attend the second hearing it will be regarded as a waiver of the right to be present, and the issues of the original allegation and contempt charge will be resolved in the student’s absence. Section One: Code of Conduct 27
  19. Right to Appeal – Students accepting responsibility and consequences at any level waive their right to appeal the outcome of the judicial hearing. The University or the student not accepting responsibility and/or consequences has the right to appeal decisions on level 1, 2 or 3 offenses to the University Appeals Council. Students not accepting responsibility and/or consequences of a level 4 or 5 violation may appeal the decision to a lesser level appeals board. The lesser level appeals board is a Community Standards Board panel that convenes to review level 4 or 5 dispositions by reviewing documentation. Students may obtain an application for appeal from the Office of Community Standards, Bart Luedeke Center, Student Affairs Suite.
  20. New Evidence After Appeal – The Appeals Council is the final step in the process. However, when extenuating circumstances or new evidence warrants consideration, the Appeals Council may consider the matter.
  21. Imposition of Consequences – The hearing authority may determine that there is sufficient cause for a consequence to be imposed prior to an appeal being heard. If so, the date and time the consequence is to take effect must be noted in the decision.
  22. Failure to Complete Consequences – If a student fails to complete an assigned community standards sanction, or fails to abstain from an activity or location restricted by the hearing authority, this will be considered a new violation of the Code of Conduct, Section 7.1, Contempt of the System. The community standards administrator or his/her designee may impose additional consequences up to but not including removal from residency for the new offense without a new hearing only if the student has had previous notice of the consequences for a contempt violation. (If removal from residency or suspension from the University is recommended, a hearing will be conducted for the new offense.) Any sanctions may still be appealed in accordance with the appeals policy.