Appealing a Hearing Decision
Respondents who are found responsible for a violation may appeal all or part of the decision according to the following guidelines. The Dean of Students and/or appropriate designee(s) will review all appeal requests to determine if there are sufficient grounds for the appeal. At the JFRC, appeals are reviewed by the JRFC Associate Dean of Students or may be assigned to the Dean of Students in Chicago. Please note that an appeal is not a re-hearing of the case.
The University will communicate the Community Standards to students on an annual basis, usually at the beginning of the academic year. However, independently of the annual notice, all students are expected to familiarize themselves with all policies and procedures set forth in the Community Standards. Please read this document carefully. If you are a student §101(27), then you are accountable for its contents.
Throughout the Community Standards, as well as in certain other University policies, you will notice references to Categories A, B, and/or C, indicated in parentheses after the name of policy violations (e.g., “Breaking the Plane (B)”). These categories classify the severity of the incident and indicate the types of outcomes typically assigned by the University in response to such a violation. Category A violations, for example, are considered less severe than Category B or C violations and thus usually result in fewer and/or lower-level assigned outcomes.
To provide students a general sense of what types of assigned outcomes to expect, the following guidance is provided. However, outcomes are always assigned on a case-by-case basis while considering the student’s conduct record at the University and may deviate from this chart when reasonable.
Category A violations are considered the least severe and tend to have a lower impact on one’s self, others, or property. Common assigned outcomes may include educational experiences, reflection exercises, restorative service hours, and fines.
Category B violations are considered moderately severe and tend to have a more significant impact on one’s self, others within the community, or property. Common assigned outcomes may include educational experiences, reflection exercises, increased restorative service hours, increased fines. Probation is often considered and Suspension may be considered.
Category C violations are considered the most severe violations and tend to have a more substantial impact on one’s self, others within the community, or property. Common assigned outcomes include extensive service hours or educational experiences, considerable fines, and restrictions to University facilities. Probation or Suspension is likely.
Any student of any school, campus, or program of Loyola University Chicago and Arrupe College may be held accountable under these policies and procedures. This includes students in undergraduate, graduate, or other programs. Some colleges and departments, such as Arrupe College, School of Law, Stritch School of Medicine, John Felice Rome Center (JFRC), Loyola Vietnam Center, the Office for Equity & Compliance (OEC), and the Center for Student Engagement (CSE) may enforce program-specific policies and procedures in addition to those found in these Community Standards.
The overall purpose of the Community Standards is to ensure the safety of the University community while balancing the needs of (a) the individual student(s) involved in an incident, (b) the rest of the University community, and (c) the University as an institution. None of the procedures or processes described in the Community Standards are intended to be adversarial or overly legalistic in nature; rather, these processes are intended to be informal, fair, and expeditious.
As such, the standards, terminology, and overall philosophy found in the Community Standards may be different from what some individuals expect. However, whether a conduct matter is resolved through the student conduct process, the grievance process, or a conflict resolution pathway, the University will always engage in a fundamentally fair process, and will reasonably consider the perspectives of various parties involved in an attempt to understand the facts of an incident and to determine an appropriate resolution.
1. Violations of Law and the Community Standards
The University may proceed with a hearing or other conflict resolution process despite pending civil or criminal proceedings. In some circumstances, the University may refer a case for criminal investigation. Except where expressly adopted in the Community Standards, the rules and procedures of criminal and civil courts – including rules of evidence – do not govern University proceedings. Additionally, the University is not obligated to await the resolution of a criminal or civil matter before moving forward with its own proceedings.
Student conduct records are maintained in the OSCCR for seven years from the date of the incident, with the exception of cases resulting in University expulsion (such files are retained indefinitely). Such files may contain contact information, correspondence, decisions, assigned outcomes, reports, and other information pertaining to any case in which a student was found responsible.
Students have a right to view a redacted copy their conduct file that falls within the seven-year period or resulted in University expulsion, with any protected information about other students removed, during regular business hours in the OSCCR or virtually via secure Zoom video platform. The OSCCR requires a minimum of five business days’ notice to prepare files for review. In order to request to view a redacted copy of their conduct file, students must complete the Permission to Release Education Record Information form found on the OSCCR website. Forms are reviewed in the order they are received and OSCCR will contact you to schedule a time for your meeting once your form is processed.
In order to request a release of your conduct file information to another person or school/organization, students must complete the Permission to Release Education Record Information form found on the OSCCR website and if applicable, submit any associated form from the school/organization they want to receive their conduct file information. Forms are reviewed in the order they are received and are typically processed within 5-7 business days.
Privacy applies to affected parties, respondents, complainants, witnesses, advisors, Conduct Administrators, and members of Hearing Boards. All individuals are expected to adhere to the regulations set forth by the Family Educational Rights and Privacy Act of 1974 as Amended (“FERPA”) regarding the dissemination of information pertaining to the student conduct process or equitable resolution procedures. All proceedings are private and unauthorized recording by any means is prohibited. The University reserves the right to share information regarding a case with other appropriate parties on a need-to-know basis. More information about FERPA can be found in Article VI.
Students may be assigned various educational programs focused on alcohol and other drugs, and must make a good faith effort to attend and engage in the program. Such programs include, but are not limited to: Alcohol Edu for Sanctions (online module), CHOICES, Brief Alcohol Screening and Intervention for College Students (BASICS), and Motivational Intervention for Marijuana. Students may also be referred to the Chapman Center at Evanston Hospital for additional services related to alcohol and other drug abuse and dependency.
Requests for appeal must state the grounds for appeal and include a personal statement explaining, in detail, why the student is contesting the results of the hearing. If multiple grounds for appeal are listed, the student must provide rationale for each one in their statement. Any relevant documentation available that substantiates or clarifies the request for appeal. Such additional documentation may be uploaded electronically via the online appeal request form.
Educational experiences or projects may include attendance and participation in an event, workshop, special project, or other initiative. Such experiences provide space for students to reflect upon their conduct; to identify harm to self, to others, or to the community; to explore why such conduct was unacceptable; and/or to educate other students about the University’s Community Standards. Examples of such projects include reflection or research papers about a specific topic or issue and/or participation in the Campus Involvement Challenge, Restore LUREC, or the Values Workshop. Deadlines for educational experiences may vary.
Fines are monetary costs intended to dissuade students from violating the Community Standards. Fines may be paid directly to the OSCCR by delivering or mailing a check, money order, or cash in the exact amount of bills to the OSCCR suite on the third floor of the Damen Student Center. Checks should be payable to Loyola University Chicago. Fines collected are used by the University to fund services and programs for students. Failure to pay a fine will result in the amount being billed directly to the student’s University account (no penalty is assigned if a student chooses to have the amount billed). Fines must typically be paid within two weeks of assignment.
202 (5) Guests and Visitation (A)
A residence hall guest (“guest”) is someone who is not currently assigned to live in the residence hall they are visiting. A host is a current resident who is responsible for the guest. Please note due to the COVID-19 pandemic and related health and safety measures, there may be adjustments to guest allowances and procedures at any time.
Students may host a maximum of two (2) guests per person. Guests may be checked in at any time.
a. General Guest Policies
The following policies apply to all guests regardless of time of day or building, except where otherwise noted:
i. The right of a residential student to live in reasonable privacy supersedes the right of a roommate to entertain people in the room. Visits by guests can be an infringement upon the privacy and convenience of the persons sharing the space. Guest visitation should occur on a limited basis and only with the consent of others sharing the room, apartment, or bathroom. In the practical application of determining when guests should be invited to a residence hall, mutual respect for those sharing the living environment should prevail.
ii. Because residence hall resources are intended for use by the student who is assigned a specific space, the consistent presence of a guest(s) is not permitted in University residence halls or apartments. Guests or visitors who are found to be a consistent presence regardless of time of day are not allowed.
iii. Overnight visitation is defined as a visitation during the hours of 2:00AM until 6:00AM.
iv. A “Request Form for Minor Visitation in the Residence Halls” must be completed for any minor (under age 18) requesting to visit a student in a residence hall overnight without a parent or guardian present for the duration of the visit. The form must be received by Residence Life no later than 12:00 PM (noon) two business days before the minor’s visit to the residence halls. A Department of Residence Life staff member will contact the student host and/or guest directly with the decision regarding the request for minor’s visit. All requests will be reviewed on a case-by-case basis.
v. Guests are expected to follow the Community Standards of the University. Residential students are accountable for the conduct of their guests and may be subject to disciplinary action as the responsible party for violations of University policy incurred by their guests. See also §111 Responsibility of Students for their Guests.
vi. Residence Life or other staff have the authority to limit guest privileges as needed. This includes, but is not limited to, requiring a paper guest pass for overnight guests, restricting visitation for a specific guest or host, or requiring guest passes during high-volume periods.
vii. In buildings with front desks, residents must (a) properly check in all guests at the desk and (b) display a guest’s Loyola ID or a valid government issued photo ID (state driver’s license, state identification card, Chicago “Key Card” or passport). Guests without proper ID will not be allowed in the buildings. This includes expired or voided forms of identification. Exceptions to this policy may only be made by Residence Life or Campus Safety staff.
viii. Hosts must escort their guests at all times including escorting guests from the building and notifying the residence hall security desk upon departure. Hosts and guests must return to the front desk together and notify the desk attendant with their intention to check out.
ix. Students removed from on campus housing or banned from University property cannot be signed in as guests.
Any request for appeal must be based on one or more of the following grounds:
a. New substantial information is available that could not have been discovered by a diligent respondent at the time of the hearing and that would have likely changed the original findings or outcomes of the case.
b. A procedural irregularity that significantly impacted the findings or outcomes of the case.
c. The findings or outcomes were disproportionate based on the information presented at the hearing or to the established Community Standards.
Hearings generally proceed according to the following format:
1. Introduction of all parties present (including witnesses, when applicable) and an overview of the hearing process
2. Review and signing of the “Student Rights in the Conduct Process” form
3. Conduct administrator or board reviews the nature of the alleged conduct and the University policies potentially violated
4. Witnesses are excused until statements are needed (if applicable)
5. Respondent(s) (and complainant(s) when applicable) provide a personal account of the reported incident
6. Respondent(s) are given opportunity to (a) accept full responsibility for all policy violations, (b) accept responsibility for some violations and refute others, or (c) refute all suggested violations
7. Respondent(s) (and complainant(s) when applicable) have the opportunity to review all documentation relevant to the case that will be used by the conduct administrator or board to make a decision
8. Conduct administrator(s) asks any remaining investigative and developmental questions to the parties present (including witnesses, if applicable)
9. Respondent(s) are invited to comment on any harm or impact caused by the alleged incident and offer recommendations related to outcomes that will repair harm.
10. Respondent(s) are provided a final opportunity to make any closing comments
11. The conduct administrator or board may excuse all parties for deliberation if needed
12. Respondent(s) (and complainant(s) when applicable) are notified of the decision and any related outcomes either immediately after deliberation or, when further deliberation is needed, typically within three business days
There are three different types of hearings (explained in detail below): administrative hearings, board hearings, and Student Community Board hearings. The OSCCR will decide which hearing type is most appropriate for a particular case.
a. Administrative Hearing
Administrative hearings are facilitated by the conduct administrator assigned to the case. Conduct administrators are members of the professional or paraprofessional University staff, usually from within the Division of Student Development. Conduct administrators are trained by the OSCCR to handle matters of student conduct according to the policies and procedures of the Community Standards. In some cases an administrative hearing may be facilitated by more than one conduct administrator working together depending on the nature and severity of the incident.
b. Student Community Board Hearing
The Student Community Board (“SCB”) is a standing board made up of 10-15 students who resolve cases that tend to have a more substantial impact on the University or residential community. Each hearing is facilitated by three or more students from the SCB who have been selected and extensively trained by the OSCCR staff. Each SCB is chaired by a student and advised by a conduct administrator. The SCB is not in session during study days, final exam periods, breaks, and the summer term.
Students who have engaged in misconduct may temporarily or permanently forfeit certain privileges otherwise afforded to them. Examples include but are not limited to: restrictions on guest privileges in the residence halls; restrictions on access to the University network, email, or other computing systems; and restrictions from accessing certain facilities, programs, or services of the University (such as the shuttle bus, Halas Recreation Center, the Information Commons [“IC”], specific residence halls, study abroad programs, etc.). In some cases, students may be reassigned to a different living space.
Residence halls are an extension of the University’s academic environment. For this reason, conduct that infringes upon the rights of the University community to reasonable peace and quiet is prohibited at all times.
Such conduct includes, but is not limited to, playing or using stereos, musical instruments, or amplified sound systems in the residence halls in a manner that disturbs the residential community or University community at large. Students are expected to abide by the following policies:
a. Courtesy hours are in effect at all times. To protect the rights of others to a conducive academic environment, no noise may disrupt other members of the community.
b. Quiet hours are in effect from 11:00 PM to 8:00 AM Sunday through Thursday, and from 12:00 AM (midnight) to 8:00 AM Friday and Saturday in all residential buildings. Each floor or building may establish additional quiet hours.
c. During study days and final exam periods, quiet hours are 24 hours a day, 7 days a week in all residence halls.
In many cases, when a case is processed the conduct administrator will send a letter to the respondent(s) through the Maxient software system. Students will receive an email to their LUC outlook account notifying them that they have received correspondence from the OSCCR and must click the link provided in the email to access the letter. Students will be prompted to enter their Loyola UVID and password in order to access the contents of the letter.
a. A brief description of the potential violation, including the time, date, and place the incident allegedly occurred;
b. A list of any University policies potentially violated;
c. The type of meeting in which the case will be adjudicated or resolved;
d. Information about when the meeting is to take place or be scheduled; and
e. A reminder that students may obtain an advisor to support them through the conduct process.
Any reasonable outcome may be assigned that appropriately promotes the education and development of a student or student organization, ensures safety, or otherwise furthers the mission of the OSCCR.
Overnight Guest Policy:
b. Overnight Guest Policies
i. Students may have overnight guests (defined as a guest checked in or who remains checked in between the hours of 2:00 AM and 6:00 AM) with the following provisions:
a. A guest may stay overnight only with the consent of the host’s roommates and in accordance with the roommate agreement.
b. A guest may not stay overnight more than three consecutive nights in a one-month period.
For health, safety, legal, and insurance liability reasons, residents are prohibited from possessing the following items in residence halls. This list is not exhaustive. Additional restrictions may also apply.
• Any appliance exceeding 800 watts
• Beds of any kind other than those provided by the University (except for accommodations approved by Residence Life and the Student Accessibility Center)
• Bicycles (other than in designated areas)
• Deep fat fryers
• Drug paraphernalia (see §201(6) Drugs)
• Electric blankets
• Extension cords
• Grills intended for outdoor use (gas, charcoal, or outdoor electric)
• Fog machines
• Gasoline fueled vehicles and other items
• Halogen lamps
• Grow lamps (lighting intended for growing or cultivating plants or vegetation)
• Heaters that are kerosene or electric
• Lava lamps
• Lofts other than those provided by the University
• Mopeds, motorbikes, motorcycles
• Open flames
• Plug-in air fresheners with built-in power outlets
• Power tools (drills, saws, sanders, etc.)
• Water filled furniture
• Weapons (see §201(4) Dangerous Objects)
The following items are prohibited in traditional and suite-style buildings:
• Electric grills intended for indoor use
• Hot plates, including wax/candle burners
• Refrigerator with dimensions no larger than 4.2 cubic feet
• Toaster ovens or open coil toasters
The following items are prohibited in apartment-style buildings:
• Refrigerators, other than those provided by the University, including mini-fridges
Residence hall expulsion requires a student to vacate an assigned residence hall room or apartment permanently, with the understanding that the student may not return to, enter, visit, or reside in any residence hall of Loyola University Chicago in the future. Dismissed students must comply with all Residence Life vacancy procedures, including properly turning in keys and checking-out of the hall. All access to the residence halls will be terminated and housing fees may be forfeited. Students who have been dismissed from the residence halls may not study abroad.
Residence hall probation is formal notice that a student’s behavior or pattern of behavior was unacceptable and caused harm to the residential community. During the probation period, students should demonstrate a willingness and ability to respect and comply with the standards of behavior appropriate to residence hall life. Students may be required to resign any office or committee appointment associated with Residence Life or its affiliated student organizations. Continued misconduct of any kind (even of a kind different from that which resulted in probation) during the probation period may result in University Probation or residence hall suspension or expulsion. Residence hall probation is typically assigned for a minimum of the rest of the semester, and may be assigned for up to two years.
Residence hall suspension requires a student to vacate an assigned residence hall room or apartment for a specified period of time, with the understanding that student may return to a space within the residence hall system at the conclusion of that period. Suspended students must comply with all Residence Life vacancy procedures, including properly turning in keys and checking-out of the hall. All access to the residence halls will be terminated and students may not enter into or visit any residence hall during the suspension period. Housing fees may be forfeited. Students on residence hall suspension may not study abroad, and may not be approved to study abroad until 90 days after their suspension period has ended. Residence hall suspension is typically assigned for a minimum of the rest of the semester, and may be assigned for up to two years.
Restitution is monetary compensation required of students who have taken, misused, damaged, or destroyed University, public, or private property or services. Amounts charged to students may include cost to repair, replace, recover, clean, or otherwise account for the property or services affected.
Restorative service hours may be assigned to provide students the opportunity to symbolically repair harm caused and restore a sense of balance in the community. All service hours must be completed (a) at a non-profit organization, (b) under supervision of an employee or volunteer coordinator who is not a relative of the student, and (c) without payment or other compensation for the work performed. Restorative service hours may, but need not, be completed for an office or department of Loyola University Chicago. Restorative service hours may not count towards service learning hours or other community service required by another program, scholarship, or organization. Court-mandated community service may count towards restorative service hours. In some cases, students will be directed to complete their service under the guidance of a specific staff or faculty member. Deadlines for restorative service hours vary based on number of hours, academic calendar, and other factors.
All properly completed requests for appeal will be considered by the Dean of Students and/or designee(s) (“appeal officer(s)”), who will determine whether there is sufficient basis for modifying the original decision. The appeal officer may or may not request to meet with the respondent, complainant, or other relevant individuals before making a final decision.
The degree and nature of the appealing student’s engagement and participation in the conduct process may also be strongly considered in making an appellate determination. Respondents participating in an agreed resolution process and who approve the terms of the agreement waive their right to an appeal (see §402 Consideration and Resolution Options).
The responsibility lies with the appealing student to provide clear and convincing information demonstrating that the original process or decision was substantively flawed.
The appeal officer will choose one of four possible outcomes for all appeals:
a. Affirm the original decision and uphold the original outcome(s).
b. Affirm the original decision but modify the original outcome(s).
c. Overturn all or part of the original decision and uphold, assign, modify, or remove outcome(s) appropriately.
d. Remand for further investigation and/or a new hearing. The outcome of a remanded case may be appealed again (as if the case were being decided for the first time).
The disposition of a case by the appeal officer following an appellate review is final within the University and is not subject to further review.
Any outcome may be modified to apply to registered or sponsored student organizations. Additionally, certain outcomes will only apply to student organizations. For example, an organization’s national representatives, officers, and/or advisors may be officially notified of the incident as part of an outcome. In cases of serious or repeated misconduct by a student organization, the organization’s registration may be suspended (temporary) or terminated (permanent). Suspension/termination prohibits the organization, its members, and its supporters from conducting any activity on any University campus or at any University-associated event that in any way promotes the goals, purposes, identity, programs, or activities of the organization.
A student has five business days from the time the decision letter is sent to request an appeal (or one business day at the JFRC). Appeals must be requested online via a hyperlink at the bottom of the decision letter. Electronic submission via the Maxient™ form is the only accepted method to request an appeal. Failure to submit a request within this period waives the right to appeal and renders the decision final.
While a request for appeal is under review (final decision is pending), assigned outcomes and other disciplinary actions may be enforced on an interim basis at the discretion of the OSCCR or University administration.
Appellate review of a case may take two weeks or longer to complete. Once the appellate review has been completed, students will be notified in writing of the final decision within five business days (two business days at the JFRC). The appellate decision letter will be sent to the respondent via the Maxient™ database (a notification email will be sent to the student’s LUC Outlook account).
Expulsion from the University (also commonly known as dismissal) is the most serious University disciplinary action and means the permanent exclusion of the student from the University. Expulsion may include: forfeiture of all rights and degrees not actually conferred at the time of the expulsion; notification of the expulsion to the student, the student’s college, and the student’s parents or guardians; permanent notation of the expulsion on the student’s disciplinary record; withdrawal from all courses (resulting in “W” grades); and forfeiture of tuition and fees. Any student expelled from the University must refrain from visiting the University premises except when engaged in official business approved in advance and in writing by the Dean of Students.
University probation is formal notice that a student’s behavior or pattern of behavior was unacceptable and caused harm to the University community. During the probation period, students should demonstrate a willingness and ability to respect and comply with the standards of behavior appropriate to a Jesuit, Catholic university. Continued misconduct of any kind (even of a kind different from that which resulted in probation) during the probation period may result in University suspension or expulsion. University probation is typically assigned for a minimum of the rest of the semester, and may last until graduation.
For student organizations placed on University probation, the organization is ineligible to request money from the Student Activity Fund for the duration of their disciplinary period.
University suspension involves the temporary removal of the student from the University for a specified period of time, with the understanding that the student may be returned to good standing at the completion of the suspension period after having satisfied any accompanying conditions. Suspension from the University further entails being withdrawn from all enrolled courses (resulting in “W” grades), forfeiting all applicable fees, and restriction from visiting the University premises except when engaged in official business approved by the Dean of Students. University suspension may also include any other disciplinary action that is judged to be of value to the student. Persons notified of a student’s University suspension status may include: parents or guardians, academic deans, Campus Safety, or other appropriate personnel at the discretion of the Dean of Students. Suspended students may not study abroad or travel with the University, and may not be approved to study abroad until 90 days after their suspension period has ended. University suspension is typically assigned for a minimum of the rest of the semester and may last any number of years.
When a suspension period is over and the student has completed the conditions accompanying the suspension, the student must contact the Office of the Dean of Students requesting reinstatement and providing documentation demonstrating that the student has satisfied the terms of the suspension (if applicable). The Dean of Students may, if needed, require a meeting with the student before permitting re-enrollment. The student may re-enroll at the University only after the Dean of Students has made an affirmative decision, notified the student, and released the hold on the student’s University account.
A University Warning is an official notice to the student that the student’s conduct was inappropriate and violated the Community Standards. University Warnings are only assigned for relatively minor violations.