Marywood University governs its student body using a broad Code of Conduct. The Code of Conduct contains a list of Policies that are intended to keep the day to day business of the University in order. Students who do not adhere to the policies set forth may be charged with violations. The Conduct process begins when an incident report is filed against a student, accusing them of violations. After this, pending an investigation, the student will be notified of a time and date of a Preliminary Hearing.
Marywood University Preliminary Hearing
At a Preliminary Hearing, an individual known as the Preliminary Hearing Officer will meet with the accused student. The overall goal of a Preliminary Hearing is to inform the accused student of Conduct Policies and Procedures, and to make an initial finding to hold the student responsible or not responsible for violations. Accused students can request further adjudication if they do not agree with the finding, but they must request a Formal Hearing within 3 days after the initial Preliminary Hearing. If the student agrees to accept responsibility but wants to reconsider the sanction, they must also make a request for reconsideration within 3 days after the sanctions were communicated to them.
Formal Hearings
Formal hearings will be adjudicated by one of two hearing authorities:
Administrative Hearing Officer: An Administrative Hearing Officer may be the same Preliminary Hearing Officer if the student agrees to it. The Administrative Hearing Officer may also be the Senior Director for Student Conduct and Residence Life, or a specified designee.
Conduct Board: The Conduct Board as a whole consists of 15 members: 6 faculty, 6 undergraduate students, and 3 graduate students. For each hearing, a panel of 2 faculty and 3 students will be drawn to both adjudicate and decide the case. A student will be selected as a chair of the panel.
The hearing process remains the same whether the hearing is conducted by a panel or an officer. Hearings open with charges being presented by the hearing authority. Both parties involved will have the opportunity to present witnesses, whose relevance will be determined by the hearing authority. The board or officer will render a decision once all of the facts have been heard out.
The University typically keeps hearings between University personnel and the students involved in the matter. Students will have the opportunity to have a University-affiliated adviser who will either be a student or a faculty member, however, this adviser will likely lack the necessary experience or desire to bolster a strong defense at the hearing. An attorney can help students from behind the scenes. An attorney can offer a student helpful insight on courtroom tactics, and evidence presentation that they will not find anywhere else. Use of these strategies can strongly affect the outcome of the case.
Marywood University Appeals
In the event of an unfavorable outcome, students have 5 business days to make an appeal to the Assistant Vice President for Student Life. The grounds for appeal are: the hearing was inconsistent with the process outlined in the Code, the sanctions imposed were arbitrary or capricious, relevant evidence was not reviewed, or new evidence has become available. Appeals may sometimes be reviewed by an Appeals Board which is made up of members selected from the Conduct Board.
If you or your student is facing disciplinary action from Marywood University, contact the LLF Law Firm today.
