University Disciplinary Process
Any member of the university community may notify the Office of
Student Affairs of a violation of the university
Standards of Conduct, or to
file a grievance. The matter will be evaluated by the vice president for student
affairs or his/her designee to determine if further judicial action at the university level is warranted, if the Grievance Process is more appropriate, or
if the matter should be referred to the Residence Life Judicial Board or the
Interfraternity/Panhellenic Judicial Board.
Rights
Any member of the university community accused of violating a rule or
regulation is entitled to adequate notice of all charges and to a fair hearing.
Standard of Proof
A standard of proof is the measure of how convinced a decision maker must be
about the facts of a case to reach a decision. The standard of proof for all
disciplinary proceedings is the preponderance of the evidence standard. This
means that it must be more likely than not that an event occurred or that a
student is responsible for a violation. The standard of guilty beyond a
reasonable doubt used in criminal cases in the legal system does not apply in
university disciplinary proceedings.
Confidentiality
Case Western Reserve adheres to the Family Education Rights and Privacy Act
(FERPA), which protects the privacy of student educational records.
The rights of students will be respected. In some cases, information may
be shared among appropriate university officials if there is a legitimate
educational interest or with others as permitted by FERPA.
Judicial Records
When formal disciplinary action is taken, a confidential file will be created
in the office responsible for the judicial proceedings held. All files are
maintained at least as long as the student is enrolled at the university.
Students are entitled to review their files under FERPA. If
a student believes the record contains inaccurate or misleading information or
violates a student’s right of privacy , they may request a meeting with the
director of judicial affairs to request the record be amended. If the
student’s request is denied, the student may appeal the decision. The
University
Judicial Board or the vice president for student affairs designee will conduct a
hearing and render a final decision concerning whether the record should be
amended. If the decision is made to not amend the records, the student
has the right to place in their record a written statement contesting
information and/or giving reason for disagreement with the decision to not amend
the record.