Values Process

Values Violations

The purpose of a value violation hearing is to determine if a student has engaged in behavior that violates a value, and in those cases in which it is determined that the student has engaged in a value violation, to impose appropriate sanctions that: are redemptive; have educational value; and provide a learning experience.

Reporting Values Violations

Any person within the Samford community (faculty, staff, student or guest) may file a report if he or she feels there is evidence to support a belief that a student has violated a University value. In order for there to be a resolution to the report, all three of the following must occur:

  1. The report must be in writing and signed by the person providing the information.
  2. The student accused must receive a copy of the written report.
  3. The person making the report must be willing to attend a hearing if the student denies the value violation.

A report must be filed with the Associate Dean of Students, the University Values Advocate. If the report needs clarification, elaboration or merits further investigation, it will be the responsibility of the Values Advocate to gather the facts and data to assure fairness in resolving the issue.

Hearing Process

  1. A student believed to have violated a value will be notified by the University Values Advocate and given 48 hours to respond to the written evidence.
  2. The student who admits to the violation based on the written evidence will meet with the University Values Advocate to receive guidance and a sanction based on the minimum sanctions delineated in the Student Handbook.
  3. The accused student will receive a written confirmation of the sanction imposed.
  4. A student who does not admit to a value violation based on the written evidence will be invited to a hearing in order to resolve the issue.
  5. The University Values Advocate will decide whether to conduct an administrative hearing or refer the issue to the Values Council.

Administrative Hearing

  1. An administrative hearing allows the University Values Advocate to hear (in person) the person making the report, the accused student, and witnesses in order to make a decision.
  2. A student will be notified by the University Values Advocate of the date, time and place of the hearing.
  3. Those who may attend an administrative hearing are the filers of the report, the accused student, the accused student's advisor (described in the student rights section of the Student Handbook) and witnesses. The University Values Advocate may invite an impartial observer at his discretion.
  4. The University Values Advocate may have up to 48 hours from the time of the hearing to make a decision.
  5. The student will be notified in writing of the decision and the sanction imposed.
  6. Failure to attend a hearing will result in a decision being made on the evidence available.
  7. The administrative hearing will be audiotaped. Tapes will be destroyed after the period to appeal has passed.

Values Council Composition and Hearings

  1. For each Values Council hearing, three students, two faculty, one administrative staff, the SGA chief student justice, and a faculty chair will be selected to consider the alleged value violation.
  2. A hearing will be rescheduled if fewer than 50 percent of the Council, excluding the Chairman, are present at the hearing.
  3. The faculty and staff representatives on the Values Council are chosen from a pool of faculty and administrative staff.
  4. When the student accused of a value violation is a professional school student, the student members of the Values Council will be selected from a pool of six students from his or her respective school.
  5. The student representatives on the Values Council are chosen by the SGA Chief Justice from a pool of nine student justices.
  6. Cases of Academic Integrity will be heard only by faculty and student representatives of the Values Council.
  7. The accused student will be notified by the University Values Advocate of the date, time, and place of the Values Council hearing.
  8. Those who may attend the hearing, other than the accused student, are the student's advisor, the person filing the report and witnesses. Only in extenuating circumstances may the Chairman allow or request others to attend.
  9. The hearing will begin with only the Council, the accused student and the student's advisor, the person filing the violation report and the Chairman present. After appropriate introductions, the Chairman will ask the filer of the report to verbally present his or her evidence. The accused student will then be allowed to respond to and question the evidence. At any time, the Council members may ask questions of either party.
  10. Witnesses will be allowed into the hearing after the initial evidence and questioning has concluded. The Chairman will invite and dismiss witnesses at his or her discretion. The witnesses may be questioned by the Council, the accused student and the person filing the report.
  11. After the Chairman has determined that both parties have been given a fair opportunity to make presentations and the Council has no further questions, all except the Council will be dismissed during the deliberation.
  12. The Chairman will guide the Council in deliberation to a point where a secret ballot vote will be taken. A simple majority vote is necessary to agree that a student has violated a value. The Chairman votes only if there is a tie vote.
  13. Whenever a simple majority agree that a value violation has occurred, the Council will determine a sanction using the minimum sanction guidelines in the Student Handbook. A simple majority decision will determine a sanction beyond the minimum.
  14. The Chairman will report the decision to the University Values Advocate who will inform the student in writing and implement the decision whenever necessary.
  15. Failure to attend a hearing will result in a decision being made on the evidence available.
  16. The hearing will be audiotaped. Tapes will be destroyed after the period to appeal has passed.

Values Council Appointments

  1. The pool of faculty on the Values Council will be appointed annually by the Chairman of the Faculty Committee on Student Affairs.
  2. The pool of administrative staff will be appointed annually by the Vice President for Business Affairs.
  3. The student representatives on the Values Council, in cases involving undergraduate students, will be the Student Government Association justices. The student representatives on the Values Council, in cases involving students from the professional schools, will be appointed by the Dean of the respective school.
  4. A faculty chairman will be named by the chairman of the Faculty Committee on Student Affairs in consultation with the Values Advocate.

Appeal Process

  1. A student may appeal a decision of the University Values Advocate or Values Council unless the student admitted a value violation and the minimum sanction was applied. During the appeal process, the original decision is suspended until an appeal decision is made.
  2. The student has 48 hours from the time of the notification of the result of a values hearing to initiate an appeal. The student may appeal a decision if the student is convinced that:
    1. Judicial procedures were not followed
    2. The evidence did not justify the result
    3. The sanction was not consistent with the nature of the violation
    4. There is new evidence (not available or withheld at the hearing)
  3. Appeal forms are kept in the Vice President and Dean of Students' office, and the student must initiate the appeal process by requesting a form.
  4. The completed form is to be returned to the Vice President and Dean of Students' office within 24 hours. The form is shared with the University Values Advocate or the Values Council Chairman, whichever made the decision about the value violation. He or she prepares a written response to the student's reason for an appeal, and it is to be received in the Vice President and Dean of Students' office within 24 hours. The response is shared with the student.
  5. The student appeal form and the response are both sent to the Appeal Council for review. The members of the Council must notify the Vice President and Dean of Students' office whether or not they wish to hear the appeal. A simple majority decision determines whether the appeal will be heard.
  6. The Vice President and Dean of Students is responsible for notifying the student and the Appeal Council of the hearing decision.
  7. If an appeal hearing is denied, the original decision is implemented.

Appeal Council Composition

  1. The Appeal Council is composed of a pool of three faculty, three administrative staff, and three senior students.
  2. For each appeal request, one faculty, one staff, and one student will be selected from the pool by the Vice President and Dean of Students to consider the appeal request and conduct a hearing if the request is granted.
  3. The three faculty are appointed annually by the Chairman of the Faculty Committee on Student Affairs. The three staff are selected by the Vice President for Business Affairs and the three senior students are SGA justices.
  4. The senior selected to be on the Appeal Council will be one who was not on the Values Council which rendered the value violation decision.
  5. The Chairman of the Appeal Council will be elected by the members of the pool of three faculty and three staff. The Chairman will preside at each Appeal Council hearing and will be a nonvoting member.

Appeal Council Hearing

  1. The student will be notified by the Vice President and Dean of Students of the time and place of the appeal hearing.
  2. Failure to appear at the hearing is evidence that the student has decided to forego the appeal, and the original decision will be implemented.
  3. The Chairman of the Appeal Council will preside at the hearing, and will conduct the meeting so that all issues relevant to the appeal are given ample time for discussion. In the appeal process, it is the student's responsibility to convince the Appeal Council that the reason for the appeal can be substantiated with evidence.
  4. In addition to the Appeal Council, the student, the student's advisor (described in the student rights section of the Student Handbook) and the University Values Advocate or the Chairman of the Values Council are the only persons allowed at the hearing unless special permission is received in advance from the Chairman of the Council or unless the Chairman requests others to be present.
  5. After the evidence has been presented, the Appeal Council will begin deliberations in private. By a simple majority vote the Council will decide to:
    1. Affirm the original decision and sanction
    2. Affirm the original decision and modify the sanction
    3. Reverse the decision
  6. The Appeal Council decision will be given by the Chairman to the Vice President and Dean of Students, who will notify the student of the decision within 24 hours of the hearing.
  7. The Vice President and Dean of Students will implement the decision and notify those who need to know the outcome.

 

Revised July 2004