NCU Judicial Manual
North Central University Judicial Process
I. Introduction
There are several purposes for this manual. The first is to provide a consistent
and predictable judicial process for the members of the NCU community. The second
purpose is to establish a system to which we are accountable in our efforts to provide
North Central University students with fair and logical treatment in all judicial matters.
The third purpose is to assist in the training of all members of the NCU community who
are involved with judicial proceedings.
Although the Division of Student Development is the primary judicial agency of
North Central University, it is the responsibility of all students, staff, administration, and
faculty members to work to preserve our community through confrontation and
accountability.
II. Philosophy
North Central University is a Christ-centered institution of higher education. Any
official NCU judiciary system must incorporate all values inherent in this statement. In
particular, all student judicial matters should be conducted with the goals and principles
of education, redemption, and restoration in mind.
III. Rationale
The judicial process is designed to serve both the community and the individual.
As an educational community, we are influenced by each other’s speech, attitudes, and
behavior. In an effort to preserve community, standards of conduct have been
established. These standards are derived from scriptural, constituency, community and
legal influences. Although we strive to place an emphasis on the principles behind the
standards or “rules”, there are times when a student’s conduct is so disruptive to either his
or her own or another’s education, comfort, safety or satisfaction, that judicial action
must be taken. An official judicial process also helps preserve institutional integrity;
therefore it needs to be consistent and fair.
IV. Foundational Principles
The purpose of the following principles is to provide a series of benchmarks. At
times employing one principle may appear to create a conflict with another principle.
This tension contributes to the decision making process by encouraging ongoing
assessment of the judicial program.
Students are adults: As adults, our students deserve to be treated in a way that
acknowledges this fact, but that also contributes to their development and education. It is
important that developmental considerations be made when working with our students
(i.e. Students’ occasional failure to connect their behavior with what they believe can
result in poor decisions, etc.). It is also important to attempt to develop an understanding
of each student’s story for the purpose of viewing him or her as a person and not simply a
“rule breaker”. The judicial process can be helpful in guiding students to better
decisions.
JESMITH
Page 1
Last Updated 2/9/2016
NCU Judicial Manual
Background of standards: The standards of conduct are not all derived from
scripture. Because of this, it is important that “moralizing” be kept to a minimum. Moral
implications may be discussed, but it should be done with sensitivity. The intent is to
hold our students accountable to the commitments they have made as students at NCU
and as Christians.
Education: As mentioned above, all judicial proceedings should be seen and used
as highly educational moments. Often students learn more about themselves in these
settings than in any other setting while in college; therefore, it is important that sensitivity
be used.
Redemption and restoration: The judicial process is intended to provide a way for
our students to learn from their mistakes, to be forgiven and restored to the community.
Disciplinary sanctions should reflect these goals. (See Gal. 6:2).
Unconditional worth: As fellow heirs with Christ, all members of the judicial
process should strive to ascribe unconditional worth to all students at all times. This is
especially important in higher-level violations and/or when higher impact sanctions are
imputed.
Fairness, consistency and predictability: If the discipline process is to remain
trustworthy, it is important that those involved strive for fairness, consistency and
predictability. Fairness speaks to the appropriateness of the sanctions to the violation.
The principle of consistency acts as a guide when handling a student who has attained
more or less favor with the staff and/or university. Predictability speaks to the reputation
of the judicial process. While students are not likely to enjoy the process, they should
expect to be treated with respect.
Honesty: In order for the principles described above to be employed, students
must be honest. NCU desires to maintain a culture in which individuals can confess sin
and poor judgment and then learn from their experiences. Dishonesty inhibits the
developmental potential of the judicial process; therefore being forthright is to the
student’s benefit.
Preponderance of Evidence: In the absence of a confession or objectively
verifiable proof, a “preponderance of evidence” may be adequate for drawing a
conclusion.
Persistent Infringement: Students who consistently violate NCU policies may
receive heightened sanctions for the sum of their behavior.
V. Implementation of Judicial Process
The enforcing of NCU community standards is primarily the responsibility of the
Division of Student Development, although all community members are responsible for
the preservation of our community. All policies and procedures related to student life are
the responsibility of the Vice President for Student Development. The Dean of
JESMITH
Page 2
Last Updated 2/9/2016
NCU Judicial Manual
Community Life is primarily responsible for judicial procedures in which commuter
students are involved. The Dean of Residence Life is primarily responsible for the
judicial procedures in which on-campus students are involved (Orfield and Elliot East
residents included).
Incident Reports. The judicial process usually begins with an Incident Report.
Most accusations, which necessitate official university follow-up and/or investigation,
will be detailed in a report. Reports should be factual and verifiable. Individuals who
use the Incident Report form should concentrate on “who, where, when, and what”
aspects of the incident. They should also be informed that their report becomes an
official document that could be used in a court of law. False reporting with the intent to
discredit another student may also result in disciplinary action (Ex. 20:16); therefore,
anyone who uses an incident report will be held accountable for what he or she claims to
be true.
Assignment of cases. The appropriate staff member, under the authority of the
Dean of Residence Life, will determine the necessary follow-up for each Incident Report.
This decision will be made based on the seriousness of the policy allegedly violated, the
impact on the community, and the student’s prior known history.
VI. Process
Policy violation follow-up can be made as described below (Note: the intent is
always to resolve every issue at the lowest level possible). In most cases, the student will
meet with his or her Residence Director (if residing on campus) or the Housing and
Commuter Coordinator (if residing off-campus).
Student-to-Student(s) In this case, the accusing student would be instructed,
after receiving guidance, to confront the offending student with his or her concerns. Most
often a follow-up interview will be requested to determine the success of the
confrontation and if more official action needs to be taken.
Resident Advisor (RA) In this case, the appropriate RA is informed either by the
Resident Director (RD) or the student of the accusation. The RA, often accompanied by
the accusing student, will confront the accused student with the information. In this case,
the RA should report to the RD the outcome of the confrontation.
Resident Director (RD) Each RD serves as the primary judicial officer for his or
her hall or living area. Working under the authority and guidance of the Dean of
Residence Life, the RDs handle low to middle level disciplinary issues (up to
probationary level) that are committed either in their area or by their students (On some
occasions the disciplinary follow-up may be determined by the location of the offense
rather than the residence of the individual.).
Dean of Residence Life The Dean of Residence Life (DRL) will meet with
students who have committed higher level policy violations, repeatedly violated
community standards, or who have committed violations that may result in probation,
JESMITH
Page 3
Last Updated 2/9/2016
NCU Judicial Manual
provisional continuance, suspension or dismissal. The DRL may choose to include the
individual’s RD and/or RA in this process. In case of commuter students, the Housing
and Commuter Coordinator may be present. The DRL may also choose to select another
designee in place of the student’s RD, etc.
All Students:
Vice President for Student Development The Vice President of Student
Development will receive written appeals. The Vice President’s decision is final.
Chapel Discipline:
Dean of Community Life The Dean of Community Life or designee(s) will serve
as the primary judicial officer for cases regarding chapel policy violations.
Chapel Appeals:
Dean of Residence Life The Dean of Residence Life will receive written appeals
to chapel discipline decisions. His or her decisions are final.
VII. Students Judicial Rights
The following is a list of students’ rights within the judicial process:
1. Notification of accusation. When time will allow, students who may fall into
disciplinary consideration can inquire into the nature of the issues to be
discussed prior to the judicial hearing.
2. Fair, respectful treatment. Students are adults and members of the North
Central community and must be afforded appropriate treatment.
3. To testify or not to testify on his or her own behalf. Students are not
required to attend judicial meetings. A student’s decision to remain silent will
not necessarily result in the assumption of his or her guilt.
4. To attend or not attend a hearing. Should the student decide not to attend
his or her own discipline meeting, the right to question evidence and
accusations is also forfeited.
5. Unaltered status. The student’s status with the university will not change
until a final decision is made and all appeals are granted. The exception
would be in cases of overwhelming evidence supporting temporary
suspension or campus trespass until a final decision can be reached. This
decision will only be made in consultation with the Vice President of Student
Development or designee.
6. Access to records. In compliance with federal law, NCU allows students
access to all incident reports and documentation that are in their permanent
Judiciary File.
7. Discipline Notification Letter. Each student who faces disciplinary action
will receive a letter that states the type of incident or behavior for which he or
she is being disciplined and a list of all sanctions. The letter may also include
JESMITH
Page 4
Last Updated 2/9/2016
NCU Judicial Manual
closing comments or sentiments intended to provoke further thought. These
letters may be written in the form of a contract to be signed by the student and
the judicial officer.
8. The right to appeal. All decisions, with the exception of those made by the
Vice President for Student Development or chapel decision made by the Dean
or Residence Life, may be appealed in written form. Students should be
informed of their right to appeal and to whom they would be appealing during
their hearing or in their Discipline Notification Letter. All appeals must be
made within 24 hours of notification.
Appeals will be granted only when one or more of the following
considerations are appropriate:
1. The student was not given fair and logical treatment.
2. New information is available that was not available during the original
hearing. (This might happen when a supporting witness decides to
come forth after an undesirable decision is made.)
3. If the severity of the disciplinary action is unbefitting the violation.
VIII. Sanctions
When disciplinary sanctions are assigned, it is important to strive for a logical
connection between the violation and the discipline. Again, the primary goal is to make
these procedures educational, redemptive and restorative. Sanctions that are merely
punitive are less likely to result in any long-term meaning for the student. The following
is a list of possible sanctions, though there may be others not listed:
1. Official Warning. The purpose of this is to provide an opportunity for the
judicial officer to communicate with the student regarding the disciplinary
process and community standards. This written warning is placed into the
student’s file and may factor into future discipline.
2. Community service. Community service can be done in conjunction with
Housekeeping, Plant, or by individual assignment.
3. Letter of apology. In this case, it is recommended that the letter be submitted
to the primary judicial officer involved for pre-reading and editing purposes.
Should the letter be offensive, the letter itself would be considered an
additional violation possibly resulting in an escalation of discipline.
4. Fine. Some policies have fines as a standard sanction. Fines in the form of
damage fees are a common example of this type of discipline.
5. Housing review. There are times when moving a student to a different hall or
floor is an appropriate or necessary sanction.
6. Accountability. Some students benefit greatly from an established
accountability relationships.
7. Mentoring. The mentor will most often be a NCU staff or faculty member,
but under special circumstances, may be a student. The mentor may or may
not be informed of all the reasons for the relationship. When possible, the
mentor should be someone to whom the judicial officer(s) and the student
both trust.
8. Counseling. Some situations reveal issues that deserve closer attention and
warrant the expertise of a professional counselor. In most cases, the student
JESMITH
Page 5
Last Updated 2/9/2016
NCU Judicial Manual
will be assigned two or three sessions. The decision to continue the
relationship beyond the assignment is up to the student and the counselor.
Students will be responsible for any fees.
9. Research reports or book/video reviews. The judicial officer(s) may decide
that the student in question should take a deeper look at a given topic. In this
case, a report or review may be assigned.
10. Withholding of transcripts. Sometimes it is necessary to withhold
transcripts in order to motivate a student to complete other sanctions.
11. Social restrictions/limitation of privileges. Certain policy violations may
result in the loss of privileges (e.g. Hall Visitation). Others may force the
judicial officer(s) to restrict certain relationships.
12. Drug screen. In the event that drug use is suspected, drug screening may be
used. These may be done on a planned or spontaneous basis. The student will
be responsible for any fees resulting from this sanction.
13. Substance Abuse assessment. When a student is using drugs such as alcohol
or tobacco, a substance abuse assessment may be assigned for the purpose of
deciding whether or not the student is addicted and/or desires to cease to
use/abuse the substance. The results of the assessment will be communicated
to the appropriate Dean and may lead to additional sanctioning. The student
will be responsible for any fees.
14. Probation. Students placed on probation have violated University behavioral
policy. Probation is a heightened status and further policy violations
committed while on probation may be grounds for suspension or dismissal.
Students placed on probation may not be permitted to serve in student
leadership roles or participate in officially recognized campus clubs, ministry
teams, organizations or inter-collegiate athletics. In these cases, the Dean of
Community Life or Dean of Residence Life and the representing Resident
Director will meet with the student and his or her advisor/coach to discuss the
incident(s). The Dean and advisor/coach will then decide upon the student’s
future involvement.
15. Provisional Continuance: Provisional continuance is heightened disciplinary
status that is meant to be more stringent than probation. If a student who is
placed on provisional continuance is also involved in student leadership,
varsity athletics, a campus organization or ministry team, that student will
immediately forfeit the opportunity to continue their involvement. Provisional
continuance can be assigned for a single violation, a series of violations, or
after probation and/or official warning has failed to deter further violations.
As such, provisional continuance is a means by which the University may
communicate the significance of a student’s policy violation(s) without
resorting to dismissal.
To address a range of disciplinary situations, two definitions of
provisional continuance may be used:
Specified Provisional Continuance: Students placed on specified
provisional continuance for a policy violation will be dismissed if that
JESMITH
Page 6
Last Updated 2/9/2016
NCU Judicial Manual
particular violation is repeated. Violations of other policies may also result in
dismissal to be determined on a case-specific basis.
Unspecified Provisional Continuance: Students placed on unspecified
provisional continuance for a policy violation or series of policy violations
will be dismissed for any further policy violations of any type or degree.
Petitions for exceptions to this rule may be filed in cases were academic
credit is at risk (i.e. Internships). Petitions will be considered on an individual
basis. Students who wish to make an appeal for academic reasons (i.e.
Chorale, one accord, internships, etc.) must make their submission in writing
to the registrar who will bring these appeals to an academic disciplinary
committee. Students who wish to continue their involvement in non-academic
organizations such as athletics, ministry teams, and student leadership roles
must submit their written appeal to the vice president of student development.
The vice president of student development may choose to employ a committee
for reviewing appeals.
16. Temporary Suspension. In this case, the student is restricted from the
University, and its events for a limited amount of time (i.e. one academic
week). Tests, assignments, and events missed as a result are natural
consequences for this sanction, but are not the responsibility of the judicial
officer(s).
17. Suspension. Suspension is the temporary removal of a student from the
University. This may be for any amount of time up to two weeks. While on
suspension, a student is not permitted to be on NCU property or to attend
university events (on or off-campus). Since the suspended student is still
considered enrolled, policy violations that occur during this time may result in
further discipline.
18. Dismissal. Dismissal means that a student has been denied access to NCU for
one or more semesters. Often this is done in conjunction with other sanctions
that must be completed prior to re-admittance (i.e. counseling). Dismissal
may also mean the student is permanently removed from the University. In
this case, the student will not be readmitted. In the case of dismissal, there
will be no refund or prorated fees returned to the individual.
19. Delayed Dismissal. Depending on the violation and point in the semester,
dismissal may be delayed. The intent is to avoid aggravating the situation any
further than need be. The effect of the dismissal on the NCU community may
also be reason for implementing this sanction.
IX. Disciplinary Standard Guidelines
It is important that all judicial officers strive for consistency. However, there are
cases that require a personal or individualized approach. When deciding what the
appropriate sanction(s) will be, it is important to consider the relative weight of the issue
in terms of the effect on the community, the individual’s moral development and
understanding, and any prior disciplinary record. Repetition of even minor policy
infractions may be indicative of other issues and may result in an escalation of discipline.
JESMITH
Page 7
Last Updated 2/9/2016
NCU Judicial Manual
X. Keeping of Records
The primary judicial officer for each case will organize all the information and
notes necessary for the keeping of departmental and institutional integrity. The records
should reveal a clear path of logic between behavior and consequences should future
investigations occur. All original documents should be kept in the Student Life Office
Student Judiciary Files. Copies may be kept in the primary judicial officer’s locked file
cabinet temporarily. This may assist in future involvement with the student in question.
All unnecessary documents and those that are not secure in a locked, limited access
compartment will be shredded for the purpose of protecting individual privacy.
XI. Disclosure
Disclosing student judiciary records is a very sensitive legal matter. According to
the Family Educational Right to Privacy Act (FERPA) parents of dependent children
have the right to request educational records, which includes student judiciary
information. Students’ right to fair and logical treatment and privacy mandate that
disclosure within the institution be limited only to those parties who are involved with
each case or have reason to be informed by virtue of their role on the campus. Staff
members, who question whether or not disclosure is appropriate, should use caution until
a higher-ranking university official is consulted.
JESMITH
Page 8
Last Updated 2/9/2016