MEMORANDUM
TO: SENATORS OF THE CLARKSON UNIVERSITY STUDENT ASSOCIATION
It has come to my attention that the Clarkson University Student Association, hereafter
referred to as the CUSA, presently lacks a Judicial Review Panel, or a standardized
protocol to follow when recognized and or funded clubs and organizations of the CUSA
engage in activities which are in direct violation of the CUSA’s by-laws, constitution, the
club’s constitution, or the university’s standards concerning student clubs/organizations.
CUSA recognized clubs/organizations may violate the mentioned regulations above for
any number of reasons. Other than university policy, clubs and organizations recognized
by the CUSA currently expect no reprimands due to the fact that:
a) Only the CUSA President is privately informed of club/organization misbehavior
by the Dean of Students and or other university administrators
b) The CUSA is expected to make an informed decision concerning a
club/organization’s violations and punishment without receiving official and
constructive notification from the Dean of Students or other university
administrators
c) There is a severe lack of understanding as to what types of actions would require
punishment
d) There is a lack of consistent enforcement
To that extent, I believe that informing and involving the voting members of the CUSA
from the very beginning of any violation committed by the CUSA clubs/organizations is
integral to establishing a more reasonable, instructive, and just system for matters
concerning the shortcomings of the CUSA clubs/organizations.
The following pages contain a proposal which outlines what I believe to be the steps
necessary to institute the Organization Conduct Board, hereafter referred to as the OCB,
whereby the senators of the CUSA are able to provide important perspectives in a process
that has traditionally involved only a small number of administrators and a handful of
student leaders. 2006-2007 CUSA Vice-President, H. M. Groff is largely credited with
the framework of this document with some minor supplements on my part.
This proposal additionally aims to ensure the rights of the accused club/organization, who
should be allowed the opportunity of adequate self-defense against the charges brought
against them, and be allowed to suggest practical ways to educate the undergraduate
community regarding organizational malpractice.
As an effective measure utilized by our peer institutions, I request that the Clarkson
community consider establishing a judicial system associated with our senate to ensure
the concept of restorative justice within our campus clubs/organizations. I believe that
the concerns and steps I have mentioned are not only reasonable, but are above all
essential. Additionally, I offer any personal support necessary in order to implement
these plans for the 2009-2010 academic year.
I sincerely hope for your support in acknowledging the concerns mentioned above and
how to best address and resolve these matters. Thank you for your time and
consideration; I look forward to assisting CUSA in realizing this vision.
Sincerely,
Jennifer N. Coombs
CUSA President 2008-2009
PART I: CLARKSON UNIVERSITY STUDENT
ASSOCIATION ORGANIZATION CONDUCT
BOARD
A) PURPOSE
The Organization Conduct Board (OCB) shall serve as an advisory committee to CUSA.
It hears cases involving alleged policy violations committed by the CUSA recognized
student organizations. The OCB provides peer and community review of a student
organization related to conduct issues. The OCB conducts hearings, determines facts,
and makes recommendations to CUSA with respect to possible administrative actions to
be taken, commensurate with the conduct at issue, together with precedent and that
registered organization’s behavioral history based on the previous four years. Although,
all previous discretions of a club will be tracked, only the previous four years will be
introduced because that period is the extent of the membership.
Typical examples where conduct problems often occur are:




at an organization's event,
in an organization's space,
when the organization's funds are used, and/or
when the organization's leadership decision(s) have set the course of conduct
in motion.
Examples of situations that should be reviewed by the OCB include, but are not limited
to:
General violations of University policies, for example: campus posting and
distribution regulations; noise, alcohol, illegal substances, and hazing.
Administrative actions recommended by the OCB and/or imposed by CUSA include, but
are not limited to: mandated training and orientation activities, loss of event privileges,
probation, fines, and loss of CUSA recognition1.
B) STRUCTURE & AUTHORITY
The OCB will be bestowed with the following structure and powers:
a) The OCB is meant to supplement the governmental powers of the CUSA; it is not
meant to replace, draw away power/resources from any other administrative
committee already established.
b) The OCB will have the authority to adjudicate matters of club/organizational
violations; members of the OCB will have an equal vote, and a majority is needed
to make a decision. Quorum is necessary for a decision to occur; quorum will be
defined as 4/5’s of the OCB membership.
c) A club/organization found responsible for the charges brought against them will
be informed of the constructive sanction.
d) The Chair of the OCB, will be a Senator with at least one full year of experience o
selected at the discretion of the CUSA Executive Board. If no qualified interested
1
See attached Student Organization Recognition Levels for Clarkson University Student Association
candidate is available one will be select the CUSA President, will preside over the
OCB, and organize the pre-hearing procedures as well as the hearing itself.
e) The Chair of the OCB will also have the power to request any student,
faculty/staff member, community member, or administrator to serve as a witness
if necessary.
f) The Chair may excuse a member of the OCB if that member has/had any sort of
personal connection with the accused club/organization. The decision must be
affirmed by a majority vote of the members when quorum is present. An alternate
member of the same academic year presently serving on the CUSA may be
appointed in his or her place.
g) The OCB will only hear those cases involving clubs or organizations recognized
and or funded by the CUSA. Unrecognized and unfunded Clarkson University
student organizations or clubs are subject to disciplinary action by the university
and its administration.
C) ORGANIZATION
i)
Membership
The Board will consist of 9 members total: 5 CUSA senators (one from each academic
year and the Clarkson School), 2 CUSA recognized student organization presidents,
Associate Dean of Students, and the selected Senator to serve as committee chair. The
membership shall be altered case by case, except for the Clarkson School Representative,
Assistant Dean of Students for Student Organizations, and board chair. The primary
Clarkson School Rep. will be the Senator, and the secondary will be an identified Clarksn
School member to serve if there is a conflict of interest with the primary representative.
The other 4 senators will each be randomly selected within their year, and the 2 student
organization presidents randomly selected from a pool of all recognized CUSA clubs.
Randomized selection occurs to ensure that the membership will not be approached by
members of the accused organization before the OCB convenes. Members that are put in
place for an extended period of time in similar organizations, example Recognition
Review Panel, are often confronted by the accused before the hearing and it places them
in an uncomfortable position that creates conflicts. In similar organizations such as the
Recognition Review Panel where membership is set for a year period and known,
members are often confronted by the accused. The procedure for the random selection of
members shall be overseen by CUSA’s Administrative Secretary.
ii)
Membership Roles
Voting power will be held by the 5 CUSA senators and 2 club presidents. The Chair
shall ensure procedure conduct is maintained, and shall not provide advice or opinions on
the case, acting as an ex-officio member. In case of the removal of the Clarkson School
Representative because of a conflict of interests, the alternate representative will serve on
the board. The Chair will have the power to vote in the case of a tie due to an even
number of board members. The Assistant Dean of Students for Student Organizations
will be an ex-officio member and shall act as the link across time serving in the position
for a significant duration. Along with that, they will be providing insight and advice to
ensure consistency of actions and punishments throughout time, but shall not be present
during the creation of recommendations based on the board’s findings.
iii)
Conflict of Interest
OCB members shall be removed by the Chair immediately if a conflict of interest is
determined to exist. Members will be replaced by randomly re-selecting for a senator
replacement within the year. In the case of a conflict existing for the Clarkson School
Representative they will be removed without replacement. The Chair will be replaced by
the CUSA President followed by the other Executive Board members in descending
order.
D) PROCEDURE
i)
Discovery of Violation
Meetings for the OCB will be held on as-needed basis. Violations must be presented in
written form to the OCB Chair through the Assistant Dean of Students for Student
Organizations. The letter shall contain the factual circumstances of the violation. Once
received, the OCB Chair shall have 5 business days to inform the violating student
organization’s president through an email communication and a formal letter to the
organization mailbox. Contained in the communication shall be an explanation of the
violation and a date determined by the OCB for the hearing that is set no earlier than 5
days and no later than 10 from the time the communication to the club occurs.
ii)
Hearing
Once the OCB is convened, members will receive and review applicable information
related to the allegations and past history of the violating organization. All OCB hearings
are closed. Witnesses will only be present during the actual time of their testimony.
At the beginning of the hearing the Chair will:

Call the hearing to order.

Record attendance.

Ask those present to introduce themselves and state their association with
the case. (Faculty/Staff Advisors for the organization under charges may
attend and participate in the hearing; however, the defense shall be
conducted by the current student leaders).

Explain the procedure to be followed during the hearing and answer any
questions related to the proceedings.

The Chair will read aloud the charges against the organization in question.

The Chair will ask the organization under the charges to state it’s defense
to the charges
A) ASSURED RIGHTS
It is recommended that the following rights be guaranteed to the accused
club/organization in order to make the adjudication procedure as fair and efficient as
possible. Hence, the club/organization in question will have:
a) The right to be informed as to which individual or individuals have brought the
charges against them. In certain circumstances, this right may be restricted due to
victims’ rights or by law and will be enforced by the Dean of Students.
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
The right to review all documents and or evidence at any time before the hearing.
The right to bring relevant and non-redundant witnesses to the hearing.
The right to examine other witnesses during the hearing.
The rights to have its members testify during the hearing.
The right to present evidence and question the validity of evidence during the
hearing.
The right, in the event of conviction, to obtain a summary of the Panel’s findings
and conclusion. (Note: this summary will include the numerical vote; the Panel
reserves the right to not disclose the names of who voted for or against the
accused). In certain circumstances, this right may be restricted due to victims’
rights or by law and will be enforced by the Dean of Students.
The right to be informed personally of the hearing in the timeframe mentioned
above in the Discovery of Violation section.
The right to have the executive board of the offending organization present and
representing the organization at the hearing. However, if the student organization
fails to appear, the review may be held and recommendation rendered in their
absence.
The right to present evidence by witness, or by affidavit if a witness is unable to
attend the review. It is the responsibility of the accused student organization and
the OCB to notify their witnesses of the date, time, and place of the review. If
witnesses fail to appear, the review will be held without benefit of their testimony.
The right to bring an advisor to the review. The advisor, however, may not
participate in examination of witnesses or presentation of materials of information
to the OCB, unless asked to do so by the board member(s).
Additional notes:
a) The OCB is not a legal hearing or proceeding.
b) The recommendation of the OCB shall be sealed until the CUSA Senate review,
with all violators facing possible impeachment.
B) FINDINGS
The OCB will submit a written recommendation to the CUSA Senate within 5 business
days after the date of the hearing indicating the recommended findings to be issued and
the recommended disciplinary measure, if any, to be imposed. The CUSA will review the
recommendation during a closed session at the regular CUSA Senate meeting
immediately following the OCB review. To uphold the recommendation the Senate must
have a 2/3s vote in favor, at which point the CUSA Senate shall issue the written decision
to the student organization.
C) APPEALS
The student organization will have the opportunity to submit in writing an appeal to the
decision of CUSA within 5 business of the written decision. Appeals will be screened by
the Executive Board to ensure validity. If approved by the Executive Board the CUSA
Senate will then discuss the appeal at their next full meeting and will vote as to either
render a decision to uphold their recommendation or to reopen the case in front of CUSA.
In the instance that the case is reopened, the student organization will have the
opportunity to discuss their appeal in front of the CUSA Senate at that meeting and a new
decision will be rendered at the end of the appeal, in which is final. In the instance that
the CUSA Senate upholds their original recommendation and does not allow the case to
be reopened, the decision is final and the recommendation upheld.
D) AWARENESS
Our campus community thrives on the integrity and honesty of its clubs/organizations.
Misconduct diminishes the credibility of the organization involved and the governing
body which is charged with ensuring ethical behavior. Therefore, the CUSA strongly
recommends greater efforts to emphasize the importance of the integrity of its recognized
and or funded clubs/organizations. This OCB should be outlined and explained as one of
the potential duties of a CUSA senator in the election packets, election debates, and in the
ultimate description of the senator’s duties to the student body. This component is to be
included and emphasized in each form of media utilized to attract potential senators.
E) AMENDMENTS
Members of the CUSA Senate reserve the right to create additional sections or subsections and/or revise those in existence following the written procedure outlined in the
CUSA Senate Constitutions for amendments.
PART II: LEVELS OF STUDENT ORGANIZATION
RECOGNITION
FOR CLARKSON UNIVERSITY STUDENT
ASSOCIATION
A student organization is designated in one of five stages of recognition: full,
provisional, probationary, warning status, and rescission. The Organization Conduct
Board typically will implement changes in organizations’ level of recognition. In
those cases where the OCB recommends to CUSA that a student organization lose
its official recognition, the decision to rescind recognition requires CUSA review
and approval, and approval by the CUSA President and may be altered, deferred,
or suspended. The length of punishment and repercussions when a violation occurs
within are at the discretion of the OCB, as approved by the CUSA.
A.
FULL RECOGNITION
Full recognition accords the student organization all the rights, privileges,
obligations, CUSA and University resources including but not limited to the ability to
reserve rooms on campus, attain funding, and post flyers and newsletters on campus
B.
PROVISIONAL RECOGNITION
Provisional recognition describes CUSA’s conditional approval for a specified
period. Provisional recognition will be applied during the establishment of a new student
organization or the re-establishment of a former student organization at Clarkson. The
group will submit a Club Constitution to the Activities Committee of CUSA. Provisional
Recognition occurs between the time the Club presents their Constitution to the Activities
Committee, and it is accepted, and the time that it is reviewed by CUSA.
C.
PROBATIONARY RECOGNITION
Probationary recognition describes CUSA’s withdrawal of certain
services/benefits and/or it’s applying certain sanctions against the organization as
determined by CUSA with recommendations from the OCB. Probationary recognition
signifies that the student organization has failed to abide by Club, CUSA, and/or
University’s standards, codes or guidelines, by state, local, or federal laws and statutes,
and/or has failed to comply with the procedures and criteria outlined in this recognition
policy. To be restored to full recognition, the student organization must fulfill certain
expectations as detailed by CUSA.
D.
WARNING STATUS
Warning status describes a situation in which certain sanctions or conditions are
levied against the student organization as determined by the OCB or CUSA without the
need for a disciplinary process. Warning status may lead to probationary recognition as
determined by the OCB and CUSA.
E.
RESCISSION OF RECOGNITION
Should a student organization fail to meet the recognition criteria or the
expectations set forth by the OCB or CUSA for its period of probationary or provisional
recognition; or when there has been a history of multiple disciplinary actions, behavior
problems, and/or non compliance with policies; or for any other significant reason that
has been deemed to be seriously detrimental to the safety and well being of Clarkson
students; the mission and goals of the University and its relationship to the community;
and/or the integrity of Clarkson’s student organizations or CUSA, recognition of the
organization can be rescinded with a recommendation made to the CUSA after a hearing
by the OCB. Pending action on the charges, the recognition status of the organization
will not be changed unless CUSA makes the determination that for reasons relating to the
safety and the well-being of students, faculty, University property, or CUSA, the
organization will have recognition rescinded or denied pending final action. If the
student organization’s recognition is rescinded they will not be granted any of the FULL
RECOGNITION privileges, and will not be allowed to reapply for recognition for a
minimum of four (4) years.
Last Reviewed: March 12, 2009