The first day of school can engender excitement and trepidation regarding everything from academic preparedness to sleep schedules. But two items parents and students often overlook are the student code of conduct and academic disciplinary procedures. Awareness of school policies can prevent unintentional violations and, should misconduct be alleged, increase the possibility of a fair outcome. Improve your academic experience by familiarizing yourself with the rights and responsibilities of students, parents and everyone in the school community.
Student codes of conduct
Look at your school’s website for student conduct and disciplinary policies, or contact the school and ask for paper versions. Unfortunately, their language is not always clear. Some include unintelligible catchall phrases designed to prohibit any manner of undesirable activities. The Student Code of Conduct at one university prohibits “using information and communication technologies as means of intimidation, harassment, or unwarranted interruption,” but the term “unwarranted interruption” is undefined. Antiquated terminology that fell out of use decades, if not centuries ago, also can be found in student disciplinary codes, as is evidenced by New York City’s prohibition on the possession of a “dirk” (a kind of dagger, from the Scottish highlands).
Some codes include unintelligible catchall phrases designed to prohibit any manner of undesirable activities.
Request written clarification of any confusing language, and urge publication of the clarification for the entire school community. Correspondence between one student or parent and one school official may provide evidence of a policy’s meaning; still, this evidence might not be binding if put to the test.
Disputes over college grades and classroom behavior
Most schools treat academic issues differently from student life infractions, and allegations made against faculty and staff differently from peer-to-peer conflicts. In post-secondary education, academics are the domain of the faculty, with oversight from college deans and university provosts. Professors have wide latitude to determine course content and impose grading penalties for students who cheat or plagiarize. College students beware: serious academic dishonesty violations can lead to expulsion, can impede acceptance to other schools and can even result in the revocation of a conferred degree.
Students who challenge a grade usually bear the burden of proving it was incorrectly or prejudicially determined. Some grade errors are merely clerical, so it is wise to speak with your professor before filing a formal grade challenge. Desist from pursuing petty claims (B+ to an A-) past a casual inquiry. If you cannot directly resolve serious concerns, it is best to gather evidence from classmates to support your claim. Proving that you wrote an “A” paper is nearly impossible, but demonstrating that drastically different marks were given for work that meets basic standards is convincing.
Proving that you wrote an “A” paper is nearly impossible, but demonstrating that drastically different marks were given for work that meets basic standards is convincing.
Instances of faculty harassment or improper behavior in the classroom should be reported separately from grade disputes and as close in time to their occurrence as possible, but remember that professors are permitted to be gruff and opinionated. Distinguishing merely annoying traits from unacceptable behavior can be difficult. Keep a dated journal of the specific actions or statements you find disturbing. Discuss your concerns with a trusted advisor and with your classmates (they may feel similarly), and take reasonable steps to improve the situation. When feasible, speak directly to the professor, perhaps with a group of students. Suggestions for an improved classroom environment rather than accusations of misconduct are more likely to yield positive results.
If speaking with the professor is unsuccessful or ill-advised because of the severity of the behavior, report your complaints directly to the appropriate office. Schools subject to federal Title IX provisions have specific reporting procedures for sexual misconduct. Other bias complaints usually may be reported to university-wide diversity or equity offices. Purely academic allegations against faculty, such as gross incompetence or failure to teach required course materials, should be raised with the department chairperson or college dean.
Sexual misconduct and criminal offenses
Despite variances in policies and procedures, every parent and student should expect that evidence of a serious crime, such as rape, physical assault, car theft or drug dealing, if committed on school grounds or at a school event, will be reported to the police. Underage drinking and marijuana use may be handled differently, with an emphasis on education rather than punishment for first-time offenders, but dormitory privileges may be lost. Nevertheless, students should always call 911 or campus security whenever medical assistance is needed. Saving a life is infinitely more important than saving yourself or a friend from disciplinary action. Some schools also have Good Samaritan policies that grant amnesty to student 911 callers and those in need of medical assistance.
A growing number of non-academic conduct violations involve offensive social media posts or shared posts. Students and parents should carefully review school policies and follow the common-sense golden rule of “Do unto others.”
The most difficult disciplinary situations are those involving allegations of sexual misconduct brought by one student against another that violate a school policy, such as “Yes Means Yes,” but not applicable criminal laws.
In 2017 the American Bar Association (ABA) issued a task force report suggesting improvements to college sexual misconduct proceedings. The report reviewed three procedural categories: voluntary restorative justice programs with facilitated discussion between the parties that lead to a mutually agreed-upon solution; adjudicatory proceedings that permit both parties to testify and present evidence; and an investigatory model in which the decision is based solely on the school’s investigative report (with the same person sometimes serving as both investigator and decision-maker). The A.B.A. commended restorative justice programs when truly voluntary and revocable and specified a preference for adjudicatory rather than investigatory proceedings.
The applicable standard of proof often is the most significant factor in determining student disciplinary outcomes. Many schools use the easiest-to-establish standard, a “preponderance of the evidence” (that is, more likely than not), to determine misconduct, even though current Title IX guidance permits use of the more stringent “clear and convincing” burden of proof. Clear and convincing evidence is substantially more than a 51 percent preponderance, but less certain than the criminal standard of “beyond a reasonable doubt.”
Disciplinary codes require proceedings to progress quickly, as delays can harm the educational prospects of all involved. This need for speed can lead to erroneous decisions.
Unlike criminal and civil trials that proceed only when sufficient time is allowed for relevant evidence to be gathered, disciplinary codes require proceedings to progress quickly, as delays can harm the educational prospects of all involved. Victims may feel less safe while proceedings are pending, and students accused of serious violations may be banned from campus and classes until the matter is resolved. This need for speed can lead to erroneous decisions. Miscarriages of justice do occur, yet appeal rights are limited. Expunging a finding of misconduct from one’s permanent record can be costly, time-consuming and, at times, impossible. One 2014 college graduate is still fighting to clear his name six years after disciplinary proceedings were filed against him.
Education is a cooperative venture. School administrators, faculty and staff cannot achieve the difficult task of creating learning communities that are safe and open without help. No one is a bystander. Everyone benefits when school policies are understood and obeyed and, when necessary, changed.
