University Board on Student Conduct
The University Board on Student Conduct is composed of twenty-four to thirty members of the Boston University community charged with hearing student appeals to judicial investigations. The Board’s make up is comprised of faculty appointed by the Provost, students selected by the Student Union, and members of the administrative staff of the University selected by the Vice President of Enrollment & Student Affairs.
A student who has been found guilty of a violation of the Code of Student Responsibilities by the Dean of Students may request a hearing before a panel of the University Board on Student Conduct. Such a request must be filed with the Dean of Students in writing not later than ten days after notification by the Dean of Students of the findings of the Dean.
Amy Ashur ENG ’12
Eden Beaudoin SED’13
Jonathan Donald CAS ’12
Mary Gameng SMG ’12
Sarah Kapica SAR ’15
Jared Kleiman CAS ’12
Fernando Limbo III SAR ’14
Mary Clare Meehan SMG ’13
Thomas Murphy ENG ’12
Kevin Stoll CAS ’13
Dennis Morse, Student Job Manager, Student Employment Office
Rebecca Zazoff, Sr. Assistant Director, Office of Financial Assistance
Roberta Valday, Director of Operations, Enrollment Services
Lisa Johnson, Operations Manager, Enrollment Services
Ted DeWinter, Associate Professor, ENG
Stacy Godnick, Assistant Dean, CGS
Tracey Maclin, Professor, LAW
Kristine Gilchrist-Minasidis, Associate Director, University Service Center
Jeff Allen, Assistant Professor, SMG
Karen Jacobs, Clinical Professor, SAR
Betty Anderson, Assistant Professor, History Department, CAS
Debbie Macalintal, Assistant Registrar, Office of the University Registrar
Greg McDaniel, Associate Professor, ENG
Mary Ann French, Director, Student Employment Office
There shall be a University Board on Student Conduct composed of not fewer than twenty-four and not more than thirty persons. The membership of the Board will be as follows: One-third of the members will be members of the faculty appointed by the Provost. The Provost will make his or her designation from among a list of fifteen nominations made to him or her by the Faculty Council. One-third of the members will be students selected by the Dean of Students from among a list of fifteen nominations made to him or her by the Student Union. One-third of the Board will be appointed by the Vice President for Enrollment & Student Affairs and may include students, faculty, or members of the administrative staff of the University. Temporary imbalances in the composition of the Board caused by the absence or withdrawal from the Board of any member(s) will not affect the validity of actions taken by a hearing panel of the Board.
Membership on the Board shall be for a term of two years except that the term for student members shall be one year. Individuals appointed to fill a vacancy on the Board shall serve for the duration of the term.
The Dean of Students will be responsible for the administrative functions of the Board. Each panel will consist of not fewer than three and not more than five members of the Board. At least one member of each panel will be a student and at least one member will be a member of the faculty. Each panel will sit for one month, but its term may be extended by the Dean of Students or the Dean of Students may create an additional panel or panels as may be necessary to assure the prompt adjudication of cases. The term of any panel will be deemed to be automatically extended to the completion of its work on any case it has commenced hearing. The Dean of Students will designate the chairman of each panel.
If, during the summer or during any other period, sufficient members of the Board are not available to create a panel, the Vice President for Enrollment & Student Affairs, at the request of the Dean of Students, may designate individuals to serve as interim members of the Board for the purpose of serving on a panel.
A student who has been found guilty of a violation of the code by the Dean of Students may request a hearing before a panel of the University Board on Student Conduct. Such a request must be filed with the Dean of Students in writing not later than ten days after notification by the Dean of Students of the findings of the Dean. In his or her discretion, the Dean of Students may accept a late request for a hearing.
A student who requests a hearing will be notified in writing by the Dean of Students of the time and place of the Board hearing; he or she will be informed of the charge(s) against him or her with sufficient specificity to permit the preparation of a response to the charges(s). The Dean of Students will endeavor to commence a hearing before a panel within 30 days of the receipt of a request for a hearing by the student. (Additional time may be required for scheduling the hearing during the period from the end of classes in the spring semester to the commencement of classes in the fall semester or to requests made immediately prior to the winter intersession.)
Where related offenses are charged against more than one student, the Dean may assign a panel to hear the cases together. If the chairman of the panel assigned to hear the case concludes that this may result in unfairness to one or more students, he or she may direct that separate hearings be held.
The chairman of the panel will preside at the hearing and may make such rulings as he or she deems necessary for the orderly conduct of the hearing. The hearing will be closed to the public; the chairman will, however, have discretion to admit parents, relatives, or friends of the student where, in the judgment of the chairman, the presence of such persons will not jeopardize the decorum and orderliness of the hearing.
The rules of evidence and procedures applicable to courts of law will not be applicable at the hearing. The chairman may make appropriate rulings to safeguard the integrity and fairness of the hearing. The hearing will be conducted with emphasis on common sense in attempting to ascertain the truth and reach a finding appropriate to the rights of the student and the University community. All witnesses before the panel will be expected to tell the truth. The hearing will be mechanically recorded and the student will have the right of access to a copy of the recording without cost, or to obtain a copy of the recording at his or her expense.
The Dean of Students will be responsible for the presentation of the charge(s). This may include the introduction of evidence and the calling of witnesses. The student may also introduce evidence and have witnesses testify on his or her behalf. Members of the panel may ask questions of any witness; they may request that additional witnesses or information be obtained, and the chairman may grant a continuance of the hearing for such purposes. The members of the panel may take cognizance of facts or information within the knowledge of the University community or based on the records of the University. The chairman may permit direct questioning of a witness by the student or the Dean of Students.
The chairman may permit a witness to remain in the hearing room before or after giving testimony, and he or she may exclude any person from the hearing room to the extent necessary to ensure a fair and orderly hearing. The chairman may limit or exclude the testimony of any individual to the extent that such testimony is repetitive of matters previously testified to or is not probative as to the guilt or innocence of the student. The student may be accompanied by an advisor of his or her choice; however, the advisor may not participate directly in the hearing. In the face of pending criminal charges arising from the same events, legal counsel for the student may be present to safeguard the rights of the student relating to the criminal charges but not to participate directly in the hearing.
After completion of the hearing, the panel will deliberate and will issue its decision within five days. The members of the panel will be the sole arbiters of the weight of the evidence, the demeanor and credibility of the witnesses, and the guilt or innocence of the student. Each finding of guilt must be concurred in by a majority of the panel. The specification or description of an offense may be modified by the panel to conform to the evidence, provided that the modification does not deprive the student of his or her right to respond to particular charges.
The Dean of Students will notify the student of the decision of the panel and, if the student has been found guilty, of the sanction or sanctions imposed by the Dean.
Except for good cause shown, the failure of a student to attend the hearing will be deemed a withdrawal of the request for a hearing. For special reasons out of the ordinary, the Dean of Students or the panel chairman may grant a postponement of a scheduled hearing if a request for postponement, supported by good cause, is received twenty-four hours prior to the time of the hearing. Either may, for good cause shown, grant a new hearing or the reopening of a hearing. Except for applications made during a hearing, all such requests shall be filed with the Dean of Students.
If, in the judgment of the Dean of Students or the Vice President for Enrollment & Student Affairs, a student is prejudiced by the University’s failure to do or complete a procedure required under this code, appropriate corrective measures may be directed by the Dean or the Vice President at any stage of the proceedings. Such procedural error will not invalidate the proceeding or disposition. The proceedings of a hearing panel will not be invalid by reason of a defective mechanical recording of the proceeding.
The Dean of Students is vested with the principal responsibility for the implementation and administration of the Code of Student Responsibilities. The Dean of Students may investigate and act on any allegation of violations under the code. He or she may refer any such matter to the school, college, or unit of the University he or she deems appropriate. A matter acted on by a school or college will be subject to the procedures and rules established by the dean and faculty of that school or college. The Dean of Students will refer any matter involving academic misconduct to the dean of the appropriate school or college. Actions of the individual schools and colleges are subject to review and final determination—including determination of the sanction—by the Provost.
Upon receipt of an allegation of misconduct or violation of the code, the Dean of Students will determine whether the matter is to be referred to a school, college, or other unit or resolved by his or her office. The fact that a matter has been referred to a school, college, or other unit of the University does not prevent the Dean of Students from imposing an interim sanction pending resolution of the matter by a school, college, or other unit.
The Dean of Students may make a formal determination of findings and impose such sanction or sanctions as he or she deems appropriate. He or she will inform the student of the student’s right to have a hearing before a panel of the University Board on Student Conduct if the student wishes to contest the findings. He or she may agree with the student to a negotiated disposition of the matter that may include or may be in lieu of a formal disposition. The Dean of Students will endeavor to complete the investigation into a complaint within 45 days of the filing of the complaint.
In his or her discretion, the Dean of Students may impose conditions on one or more students pending resolution of, or in resolution of, a particular matter. Such conditions may include: not entering or being in or on particular buildings or areas of the University, avoiding contact with a specific person or persons, and such other conditions deemed appropriate. Unless issued as part of a disciplinary finding, such conditions are not disciplinary sanctions. A student who violates the terms of such conditions may be deemed guilty of a violation of the code and is subject to disciplinary sanction for such violation. Any act authorized by this code to be performed by the Dean of Students may also be done by an authorized designee of the Dean of Students.