Student Disciplinary Procedures

Student Disciplinary Procedures

In order to insure the smooth functioning of the activities of The Jewish Theological Seminary ("JTS"), and to implement its rules and regulations, the following procedures for disciplinary action are hereby established:

 

I. Divisions of Jurisdiction.

A.        Academic Jurisdiction:

1.          Violation of any academic standard or requirement of JTS as contained in the Academic Bulletin or the policies set forth in the Guide to Student Life;

2.          Cheating, plagiarism, forgery of academic documents;

3.          Disruption of any premises used for academic or religious purposes;

4.          Interference with access to classrooms;

5.          Misuse of library facilities and books, including failing to return library books;

6.          Violation of any other academic regulation.

B.        Housing Jurisdiction:

             Violation of any of the residence hall regulations, or the terms and conditions set forth in the occupancy agreements distributed to residents of JTS housing.

C.      General Jurisdiction:

             All cases which do not fall within the jurisdiction covered by I.A. or I.B. above, including violations of applicable laws.

D.         A claim involving a charge of sexual harassment shall be handled pursuant to the Sexual Harassment Procedures in effect.

E.         Should a question arise as to whether a case falls within A, B, C, or D above, the question shall be referred to JTS's Office of General Counsel for decision.

F.          Violation of City, State, or Federal law:

1.          JTS students are governed by federal, state, and city civil and criminal laws. Inasmuch as certain offenses may violate JTS regulations, as well as applicable governmental law, JTS may refer complaints about such offenses to the appropriate governmental agency or authority. JTS is obligated to report violations of law. If such governmental agency takes action against a JTS student, JTS may, but shall not be required to, take its own internal action pending or following a decision by such outside agency. Following a decision by such outside agency, JTS may choose to drop its own internal proceeding.

G.         Delegation of Jurisdiction:

1.          Jurisdiction over Academic or General offenses shall first be referred to the Dean of the school in which the student is registered.

2.          Jurisdiction over offenses involving housing shall first be referred to the Director of Residence Life.

 

II. Procedures.

A.         Initial Hearing:

1.          Any student, faculty member, or administrator may file a complaint, in writing, against any full-time or part-time JTS student with the Dean of the school in which said student is enrolled except for a complaint concerning offenses under Housing Jurisdiction shall be filed first with the Director of Residence Life. Notice of such filing, together with the complaint, shall be mailed to said student within four (4) days after receipt thereof. Within fourteen (14) days after receiving a complaint or charges, the appropriate Dean or the Director of Residence Life shall meet with the student and complainant, either separately or together, for a full discussion of the complaint or charges and a resolution of the matter by agreement, if possible. The decision of the Dean or the Director of Residence Life ("Decision") shall be in writing and shall be mailed or emailed to the student and the complainant within seven (7) days following their meeting. A Decision resulting in suspension or dismissal from JTS or from JTS Housing or which the complainant believes should have resulted in suspension or dismissal from JTS or from JTS Housing may be appealed by the student or the complainant to a Hearing Panel, as detailed below. Such appeal must be made in writing within fourteen (14) days after the student or complainant receives notice of the Decision.

2.          If the complainant as set forth in paragraph A.1. above is the individual to whom primary jurisdiction over the charge has been delegated, said individual's complaint or charge shall be deemed to be the Decision as set forth above.

3.          Any and all references herein to a Dean shall refer to the Associate, Assistant, or Acting Dean during the Dean's absence from JTS.

4.          Any and all references herein to the Director of Residence Life shall refer to the Executive Vice Chancellor/Chief Operating Officer during the absence of the Director of Residence Life from JTS.

B.         Hearing Panel:

1.          All appeals by students or complainants from a Decision shall be made to a single committee, the members of which shall be appointed by the Provost or Associate Provost from the faculty at the commencement of each academic year, and which shall be known as the Hearing Panel ("Panel"). The Provost or Associate Provost will name one member of the Panel to be the Chairperson.

2.          During the course of the academic year, the Provost or Associate Provost shall have the power to fill vacancies on the Panel which are caused by the resignation of a member of the Panel or the inability of a Panel Member to serve on a particular panel, or to designate a new Chairperson if the Chairperson is unable to serve on a particular panel.

3.          Upon receipt of a notice of an appeal, the Chairperson of the Panel shall send written notice to the student and the complainant, by personal delivery or by certified mail, return receipt requested, with the date, time, and place of the hearing, to take place at least (7) and not more than twenty one (21) days after the sending of the notice, except on consent of the student. Should the student charged fail to appear, and his/her absence has not been excused by the Panel, the hearing may proceed without him/her and the Panel may take whatever action it deems necessary.

4.          The hearing shall be recorded and shall be closed to the public. The student may select an adviser with whom he/she may confer outside the hearing room before, at reasonable times during, and after the hearing. The student shall have the right (a) to inspect, in advance of the hearing, any affidavits or statements constituting the complaint or charges at issue, and to inspect any documents submitted at the hearing; (b) to call witnesses; (c) to direct cross-examination questions to the Chair of the Panel to be asked of witnesses; (4) to refuse to testify against himself/herself. The Chairperson of the Panel may prescribe internal rules of procedure to assure the smooth functioning of the hearing; the hearing shall not commence, however, unless a quorum is present, consisting of at least three of the members of the Panel. The hearing shall commence with the presentation of evidence by the complainant that the student has violated a JTS regulation, rule, or academic requirement or standard, and shall conclude, if the parties wish, with final statements, orally or in writing, by the complainant and the student. The Panel shall not make any findings of fact nor impose or recommend any disciplinary actions until all parties to the proceedings have been given a full opportunity to be heard, except if the student charged fails to appear before the Panel after due notice.

5.          The Dean or Director of Residence Life having jurisdiction over the complaint shall attend and may take part in the hearing as a witness, but may not be a voting participant of the Panel.

6.          Neither JTS nor the student shall be represented by an attorney. JTS General Counsel shall attend the proceedings to assist as necessary but he/she shall not take part in the proceedings and shall not be a voting participant.

7.          The Panel shall deliberate in closed session and when it has reached a decision by majority vote of those present, shall inform all parties in writing within fourteen (14) days thereof. The decision shall state the findings of fact by the Panel, its recommendations for disciplinary action, as set forth below, and the reasons for its decision.

8.          If the vote of the Panel is a tie, the Decision as set forth in II.A.1. above shall be deemed affirmed in all respects.

 

III. Disciplinary Action

A.         The Executive Vice Chancellor/Chief Operating Officer, the Chancellor, the Provost, or, in their absence, one of the other Vice Chancellors or Vice Presidents, may temporarily suspend a student from the Residence Halls or from JTS pending consideration of his/her case only for reasons relating to the well-being or safety of the student or the JTS community or property, or the maintenance of public order, including continuation of the education process. If this should occur, the student shall be afforded the opportunity to an expedited disciplinary hearing before the Panel. If possible, this hearing is to take place within seventy-two (72) hours, but not later than seven (7) days, after the temporary suspension becomes effective.

B.         The Panel shall have full discretion in any hearing to take one or more of the following actions:

1.          Declare the student not guilty.

2.          Declare the student guilty but impose no sanctions, warnings or penalties.

3.          Issue a warning that further repetition or continuation of the conduct found wrongful, or similar conduct, shall be cause for other disciplinary action, including suspension or expulsion from the residence halls or JTS.

4.          Impose a monetary fine or require financial or other reimbursement or restitution for damages.

5.          Impose a penalty of suspension for a stated period of time from the residence halls or from the classes or other activities of JTS.

6.          Set forth conditions for the student's continued enrollment at JTS.

7.          Elect to refer the matter to another school, in which the student is also enrolled, for action.

8.          Terminate the student from the JTS residence halls or JTS for an indefinite period of time.

9.          Affirm the decision referred to in II.A.1. in all respects.

C.         If a student's dismissal is upheld or a student is suspended or expelled from the residence halls or JTS, he/she shall not be entitled to a refund of any room charges, tuition, or other fees, and shall continue to be bound by the terms and conditions of any JTS residence hall or housing occupancy agreements, if appropriate.

D.         There will be no record of any disciplinary proceeding placed in any student's file unless a final disciplinary action of any kind is taken.

 

IV. Further Appeals

A.         Any student or complainant aggrieved by a decision of the Panel may appeal said decision, in writing, within fourteen (14) days after his/her receipt of said decision. If the appeal concerns an offense deemed to be under Academic Jurisdiction, it shall be appealed to the Provost. All other appeals shall be made to the Executive Vice Chancellor/Chief Operating Officer. If the Provost or Executive Vice Chancellor/Chief Operating Officer made the initial complaint referred to in II.A.1. above, the appeal shall be made to the other.

B.         The individual to whom the appeal is made (the Provost or the Executive Vice Chancellor/Chief Operating Officer), may stay any disciplinary action pending an appeal. The appeal shall not consist of a new hearing but shall be limited to a review of the decision of and any proceedings before the Panel. The Provost or Executive Vice Chancellor/Chief Operating Officer may affirm the decision; s/he may affirm the decision but modify the action taken; s/he may dismiss one or more of the charges entirely or remand the case to a Panel or elsewhere for further proceedings. If the decision of the Panel is affirmed, the matter shall be deemed finally decided.

 

V.        Summer Recess.

A.         If a complaint or charge is filed against a JTS student at a time when the student is not regularly enrolled in JTS, i.e., during the summer or recess, or during an extended vacation period, or while the student is away from JTS for an extended period of time, the Procedures set forth in II or IV above shall be followed as soon as possible rather than within the time deadlines set forth therein,

B.         If a complaint or charge is filed against a full-time or part-time JTS student enrolled during the summer semester, and the student or complainant elects to appeal the initial Decision as set forth in II.B., the Executive Vice Chancellor/Chief Operating Officer or the Provost shall appoint a committee to hear said appeal. The committee shall follow the procedures set forth in II.B. above and its decision shall be deemed to be a decision of the Panel.

Last Modified: June 2014