Caldwell University has established a Student Conduct System that is outlined in its Student Code of Conduct. The Code of Conduct introduces a set of violations that students can potentially commit by engaging in behavior forbidden by the University. Violations are punishable by University sanctions, and they may affect a student's academic and future career.
Student Conduct System
The Student Conduct System at Caldwell University is designed to both give students accused of violations rights to protect themselves while also permitting the University itself to administer discipline when necessary. The Vice President for Student Life is in charge of ensuring that the Student Conduct System is functioning properly and that all rules and regulations are properly enforced. Violations are classified into two categories: minor violations and major violations.
Minor Violations
Minor Violations can be handled by an Administrative Hearing process, without escalating to a Student Conduct Board. Sanctions for Minor Violations are more lenient and do not call for suspension or expulsion. An Administrative Hearing is typically done one-on-one with the student after an investigation into the allegations takes place. These cases can be resolved at a lower level and do not carry the prospect of more severe penalties such as is the case with Major Violations. (Sanctions for Minor Violations, however, will be noted on a student's record, and may be reported to graduate schools and employers among others.)
Major Violations
Major Violations are considered those that can result in a suspension or expulsion. There is no option for an Administrative Hearing for Major Violations. These cases are always heard by the Student Conduct Board.
Hearings
A hearing in front of the Student Conduct Board is typically kept between students and the Board. Accused students are given a presumption of innocence. They will also be given an opportunity to speak and present information during the hearing. On top of this, they will be able to review any other evidence in connection with their violations.
Although attorneys may not go into a hearing with students, they are able to assist from behind the scenes. Receiving legal counsel from an attorney will help students better understand the intimidating disciplinary process and the potential sanctions they may face. Assistance from an attorney can strongly influence the outcome of a Caldwell University disciplinary hearing.
Sanctions
Caldwell University will impose disciplinary sanctions if an accused student is found responsible for violating the Student Code of Conduct. More than one of the sanctions listed below may be imposed for a violation, and the full range of sanctions is available depending on the nature and severity of the violation. As noted, Caldwell University distinguishes between what it considers Minor Violations and Major Violations. Possible sanctions for Minor Violations include:
- Formal Written Warning
- Educational Sanction
- Community Service Hours
- Fines
- Disciplinary Probation
- Exclusion from Participation in University Activities
- Restitution
In addition to any of the above, possible sanctions for Major Violations include:
- Suspension
- Emergency Suspension
- Expulsion
The University will also impose additional sanctions for academic integrity violations as deemed appropriate.
Regretfully, some Caldwell University students, despite their and their parents' best intentions, proceed with the University disciplinary process without a full understanding of the possible consequences, both immediate and long-term. Those unfamiliar with the realities of the disciplinary process often do not realize until it may be too late that Caldwell University imposes suspensions and expulsions as a sanction more often than would be expected; even in disciplinary matters that may seem to be less serious. The stakes are very high, and some consequences are unforeseen; even sanctions lesser than suspension or expulsion can greatly jeopardize a student's academic and professional goals.
Caldwell University sanctions for Title IX sexual misconduct violations, which include sexual harassment and sexual assault, stalking, and intimate partner violence, will always be severe, and Title IX sexual misconduct violations can have lifetime consequences. Caldwell University will also promptly impose interim measures as deemed necessary to protect the complainant before the final outcome of a Title IX investigation and disciplinary proceeding involving Dating, Relationship or Sexual Misconduct or Violence.
Experience Matters - An Experienced Attorney's Role When Representing a Caldwell University Student
Caldwell University and a student's attorney may be able to work together to achieve an agreeable resolution before Student Code of Conduct disciplinary violations and/or academic misconduct charges are filed in certain instances. If charges have already been filed against a student, the accused student's attorney, also in certain instances, may be able to serve as an a liaison between Caldwell University, the accused student, and other involved parties, in an effort to achieve a constructive resolution. Whether before or after Student Code of Conduct charges and/or academic integrity charges are filed, in working towards the prospect of an agreeable resolution, the extent of an attorney's involvement will be at the discretion of Caldwell University. Every student's case is unique; an experienced attorney will understand what the University may be receptive to, and will approach the matter accordingly.
An attorney's involvement at Caldwell University in matters involving Student Code of Conduct disciplinary charges and/or academic disciplinary charges should not be confused with Caldwell University disciplinary cases involving Title IX sexual misconduct allegations. In Title IX student disciplinary proceedings, an experienced attorney must work both as the point of contact between the accused student and Caldwell University as well as behind the scenes to defend against sexual misconduct and sexual assault allegations.
An experienced student discipline defense attorney will understand and use the most effective strategies when handling a student's case at Caldwell University.
Appeals
In the event of an unfavorable outcome from a hearing decision, students may make an appeal to the University. The appeal must be made out to the appeal officer that was designated for the case; this person is usually a Vice President of the University. Caldwell University appeals must be made 5 business days after the receiving the Board's decision. Appeals must also be made on the grounds that a procedural error occurred, new evidence has been revealed, or the sanctions incurred were disproportionate to the violations.
If you or your student is currently undergoing disciplinary action at Caldwell University, contact college student defense attorney Joseph D. Lento today.
