When a student violates a University policy or regulation, the Key to UB outlines certain penalties for doing so, and the process by which these penalties are administered. However, very few students actually read the handbook cover to cover, and most of the students that are charged with violating the rules are among the non-readers. Therefore, this summary of how judicial and disciplinary actions are taken against a student and how a student can fight the system, should prove helpful.The process begins when David Oestreicher, Director of Residential Life and The University Judicial Officer, receives a report of misconduct from students, faculty, staff or residential life personnel. He then will send a charge letter to the student, telling them what they are charged with, and what their rights are as a student, and will arrange for a disciplinary meeting with the alleged offender.
Oestreicher stated that when writing a charge letter, he tried to charge students with as many charges as possible, because the university has a policy that a student can only be charged once for any given offense, and if it is later found that the student’s offense is greater than the alleged charges would indicate, then they cannot be amended. Oestreicher went on to say, “Of course, we’re not a state university, so really we can do anything we want,” when speaking about the policy against “double jeopardy.”
A disciplinary meeting involves Oestreicher and the student in a one-on-one conference, and Oestreicher told us that he liked to have the meeting follow up on the offense in as timely a manner as possible. When asked what he considered a timely manner, he replied “within 30 days.” However, he added that in cases of a severe nature, which involve violence or stalking, he liked to have the meeting very quickly, within one to three days.
At the meeting, a student will be asked to read a Student Plea Form. This form will allow the student to plead “In Violation” (Guilty) or “Not In Violation” (Not Guilty) to each charge separately. If a student pleads guilty to all of the charges, or to most of them (provided the ones they plead to are actually the ones they are most likely to actually have committed), Oestreicher then prescribes a sanction that he feels is for “educational, and not punitive purposes.” Also, students should note that according to the Key to UB, a student who skips a Disciplinary meeting can have the sanctions applied to them based on available information, without ever answering the charges.
When asked if the sanctions set down in the Key to UB are the only consideration when delivering the penalty, he said no. He went on to explain that everything from the prior record of the student and the circumstances surrounding the incident, to the less concrete factors of what other schools do, and what the country’s “zeitgeist” is at the time, come into play.
If a student pleads Not In Violation to all charges, or those ones that that Oestreicher feels they really did do, then they will be referred to a hearing with the University Hearing officer, Dr. Julius Dichter, and one of several councils that exist for these purposes. However, while Oestreicher has between two hundred and three hundred disciplinary meetings per academic year, less than half a dozen actually go before a hearing. He explains that this is because when most students come to see him, they know that they are guilty and they admit it.
There are three councils that Dichter is chairman of which hears student cases. The first is the Disciplinary Council, which hears cases regarding vandalism, substance misuse, fighting and other cases of misconduct by students. More serious cases, such as hate crimes or sexual assaults, are handled by the University Grievance Committee. And cases where charges are brought against a student for cheating or plagiarism are handled by the Academic Dishonesty Council. All three committees are made up of a combination of UB faculty, staff and Student Congress members, with many people serving on two or even all three committees. Faculty and staff are recommended to their posts by the University Provost, and Students are recommended by the Student Congress President.
If any member feels that they are unable to render an unbiased decision because of their familiarity with one or more parties involved, or if the University Hearing Officer (UHO) feels that it would be inappropriate for the member to serve at the hearing regardless of whether or not they feel they can render a fair decision, the member is expected to step down. However, there is no rule that can force a member to do so, and even the UHO can only suggest, not enforce, the stepping-down of a committee member.
All members of these committees undergo special training for about three hours before they become active members of the committees they serve on. While the Key to UB sets an ideal number for the committee at nine, only three members are needed for the hearing to proceed. A hearing functions much like a trial, with evidence being presented, witnesses being heard, and each party allowed an advisor (though students for some reason are NOT allowed to use a lawyer as their advisor). The committee will then pass a verdict on the student, and prescribe sanctions.
Should a student feel that they were unfairly convicted, they may make an appeal of the decision to the Dean of Students, Janet Merritt, and ask her to overturn the decision. If the Dean does grant the appeal, then the decision is overturned. If not, then the appeal process ends there and the student must accept whatever sanctions have been placed upon them.
Dr. Dichter told The Scribe, “It’s a very important process for the university. It’s important that students know about this process, and that they know that they have recourse if they feel strongly that they need one. We’re there to hear them.