The community conduct process is based on the concepts of fundamental fairness and reasonableness. A conduct hearing is a private, internal, informal review process. Criminal law concepts do not apply to other student conduct processes. The standard of proof will be the preponderance of the evidence, which means that the information presented, as a whole, shows that the occurrence of the alleged behavior was more probable than not.
For more detailed information, please refer to your
Student Handbook. Please feel free to contact the Dean of Students Office with any questions you may have. Details about expected behavior and specific charges may be found in the Non-Academic Policies and the Residence Hall Living Guide sections of the Handbook.
Case Assignment Structure
All minor violations which occur in the residence halls (e.g., noise, visitation, some alcohol violations) will be referred to Residence Life. Incidents that do not occur in the residence halls, that occur off campus, or that are more major violations (drugs, fire safety, assault of any kind) will be referred to the Dean of Students Office.
Cases referred to the Dean of Students Office will be heard by either the Dean of Students, a designee, or a panel consisting of a chief hearing officer, a staff member, and a faculty member.
Situations involving sexual discrimination or misconduct are investigated through our Title IX process. Information about support, reporting, and the conduct process can be found here and in the Student Handbook.
Process
Students will be given written notice of the violation with which they are being charged at least three business days prior to the hearing. Students will be able to review their case file and ask questions regarding the hearing process. If a student requires accommodations for classroom activities, they must inform the Dean of Students Office two business days in advance if those accommodations need to be implemented in the hearing process.
Students are allowed to present information and to include relevant witnesses as part of the hearing; students must inform the Dean of Students of any witnesses at least two days prior to the hearing. Additionally, students may choose to have an advisor present during the conduct process for emotional support. The advisor may be a Bellarmine faculty member, staff member, or student. Advisors cannot be involved in the case or be related to the person charged and students must inform the Dean of Students of their advisor at least twenty-four hours before the hearing.
Hearings and information gathered during the course of the conduct process are confidential. Students are able to ask questions and give their side of the story during a hearing. After the hearing, students will be notified in writing of the findings and, if found responsible, any sanctions. The Dean of Students Office will disclose results of proceedings with the reporting party in a sexual misconduct case or in a case of violent crime if the complainant submits a request to be informed.
Appeals
Students may make a written appeal within three days of being informed of the outcome of a case if their sanction is suspension or dismissal from Bellarmine or the residence halls. Appeals must be based on one or more of the following reasons:
- Sanction proportionality: to determine whether the sanction was disproportionate to the offense committed
- New information: to consider new information that was not known at the time of the original hearing that, if introduced, would substantially impact the finding or sanction
- Procedural conformity: a claim that the hearing did not conform to the procedures outlined and that substantially affected the outcome of the hearing