Philosophy of Discipline
The purpose of discipline at California Baptist University is to assist in maintaining individual and community growth. Personal growth and maturity are encouraged most when each Member of the University community uses self-discipline and shares the responsibility to care enough about others to confront them when appropriate. The responsibility to confront one another in a loving manner should enable inappropriate behavior to be corrected on a personal level.
Unfortunately, situations may arise which warrant a formalized judicial process. Judicial procedures are designed to provide a just and equitable process of educational discipline. While every effort is made to protect the rights of Students, the University does not attempt to duplicate or to emulate court proceedings and should not be viewed as such.
Right to Process
Students whose behavior violates the Standard of Student Conduct will be treated justly and fairly. This means adjudication of the case will be in a timely and reasonable manner. The process involves 3 components:
Notification - A student has the right to proper notice of the policy allegedly violated and when the case will be heard.
Right to be Heard - A student has the right to present his/her viewpoint and position and provide supporting evidence and/or information at a Hearing for consideration by a University Official.
Evidence - Decisions in a Student conduct case are based on reasonable and available supporting factual information.
Students who behave in a manner which violates University Policy are subject to Judicial Action. With the exception of some appeals, all violations of the Standard of Student Conduct are adjudicated by Hearing. However, if an accused Student fails to appear at a scheduled Hearing, the Student will be deemed to have waived their Hearing and the Director of Student Conduct, appointed designee(s) or panel may render a decision upon the matter in the Student's absence.
The Director of Student Conduct reserves the right to meet with Students personally, appoint a designee(s) to meet with Students, and/or convene a Judicial Review Board in order to conduct Hearings.
Judicial Action involves 3 components: Investigation, Hearing, and the imposing of Sanctions, if appropriate. Depending on the severity and location of the offense, the Judicial Action will be administered by the Dean of Students, Director of Student Conduct or designee.
Investigation. An Investigation involves a factual inquiry into an incident or matter by University Officials, and may involve interviewing community members involved in the case or other reasonable means of verifying the facts regarding an alleged violation.
Hearing. In furtherance of a Judicial Action, a Hearing may be scheduled to allow an Accused Student an opportunity to hear and present Evidence and other factual information related to an alleged violation. Students will receive written notification a minimum of forty-eight (48) hours prior to the time and date of a scheduled Hearing. All Hearings are closed and the proceedings may be kept confidential at the discretion of the University. If an accused Student fails to appear at a scheduled Hearing, the University Official(s), or panel may render a decision upon the matter in Student's absence.
In cases involving alleged sexual offenses, pursuant to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act), the accuser and the accused have the opportunity to have someone present during a Hearing. If a Student chooses to be accompanied to a Hearing associated with alleged sexual offenses, the individual who accompanies the Student will not be permitted to speak on behalf of the Student and/or take an active role in the Hearing.
Imposing of Sanctions. This act concludes the Judicial Action. Sanctions are imposed upon a determination by a University Official responsible for the administration of the Judicial Action upon a finding of a preponderance of the Evidence indicating that the Accused Student violated the Standard of Student Conduct. For purposes of this Student Handbook, the phrase, "preponderance of the evidence" means that there is a greater than 50% chance, based on all the reasonable Evidence, that the Accused Student violated the Standard of Student Conduct.
In some cases, Sanctions may encumber a Student's good standing with the University for a stated period of time and such Student may only be permitted to remain enrolled if that Student enters into a behavioral contract, in which such Student promises to make a serious commitment to refrain from future violations.
The following Sanctions may be imposed by a University Official upon any Student for violating the Standard of Student Conduct (not listed in a prescribed order):
Warning: Some Students may be issued written or verbal Warning for unacceptable behavior and advised to change the behavior.
Restitution/Reimbursement or Fine: Some Students may be required to make restitution and pay a monetary fine for damage or misuse of property, misuse of services or failure to follow University Policy or procedure.
Discretionary Sanctions: Some Students may be required to participate in prescribed educational programs, complete community service, read a book, write a paper, coordinate a living-area program, attend campus programs or any other activity deemed appropriate for the violation of the Standard of Student Conduct.
Loss of privileges: Some Students may lose privileges such as visitation, leadership opportunities, campus employment, etc., appropriate to the violation of the Standard of Student Conduct.
Residence Life Probation: Residential Students may be placed on probation for a specified period of time. During this time, any further violations of University Policy may result in a Residence Life Suspension or Expulsion.
Student Conduct Probation: A Student may be placed on Student Conduct Probation for a specified period of time. During this time, further violations of University Policy may result in Suspension or Expulsion from the University. Students who have been placed on Student Conduct Probation are not considered to be "in good standing" with the University until the conclusion of the specified period of time.
Residence Life Suspension: Separation of the Student from University-owned housing for a specified period of time (conditions for readmission may be required).
Residence Life Expulsion: Permanent separation of the Student from University-owned living areas.
University Suspension: For a fixed period of time, the Student may not remain on the University Premises which include the campus, visiting the campus, or participating in a specific academic program(s) and/or other activities of the University. A Student who is suspended for disciplinary reasons may petition for readmission at the conclusion of the period of Suspension.
Interim Suspension: Imposed immediately when the seriousness of a reported offense warrants a Student’s removal from campus for a stated period of time. Students who are placed on Interim Suspension will be advised of the allegations. Allegations that may warrant Interim Suspension include, but are not limited to:
- Sexual misconduct;
- Hosting or in any way assisting or promoting a gathering that includes underage consumption of alcohol, illegal drugs, controlled substances, or any indiciation of being under the influence of alcohol;
- Sale, distribution, use, or possession of illegal drugs;
- Use or possession of dangerous weapons;
- Theft of or damage to property;
- Abusing and/or impeding the CBU judicial system;
- Physical abuse of any person or action that threatens or endangers the emotional well-being, health, or safety of any person, including oneself;
- Written, verbal, or non-verbal threats of harm to members of the University community or the community as a whole, including oneself;
- Interim Suspension will be for a stated period of time and followed by a Hearing.
Expulsion: Permanent separation of the Student from the University. The Student is denied the privilege to remain on the University Premises which include the campus, visiting the campus, or participating in any academic or other activity of the University. Only under the most unusual circumstances will an expelled Student be readmitted to the University.
Deactivation: A recognized University club or organization can lose its privileges, including University recognition, permanently or for a specified period of time.
Any Student upon whom Sanctions are imposed and/or placed on probation may become immediately ineligible for service as an athlete, Student Leader and/or Student Representative. Students who fail to comply with the terms and conditions of a Sanction are subject to additional Judicial Action.
The guidelines for behavior are outlined in the Student Handbook and in the University Catalog, as well as regulations and policies maintained by the University, form bases for Judicial Action. The Student Services Office is responsible for conducting appropriate Investigations of all allegations and complaints.
California Baptist University is committed to providing a learning, working and living environment that promotes personal integrity, civility and mutual respect in an environment free of discrimination on the basis of sex, which includes all forms of sexual misconduct. Sex discrimination violates an individual's fundamental rights and personal dignity. CBU considers sex discrimination and sexual misconduct in all forms to be a serious offense. Sexual misconduct includes but is not limited to: Sexual Harassment, Sexual Assault, Sexual Exploitation, Domestic Violence, and Intimate Partner Violence by employees, students or third parties.