Student Conduct Process (Graduate)

The Department of Student Development oversees all non-academic graduate students' disciplinary and emotional care processes. In both conduct and care processes, we seek to be supportive, developmental, and redemptive in the lives of the individuals involved. We will offer support, resources, and accountability to strengthen the students’ ability to flourish within the Biola community.

When the Department of Student Development becomes aware that a Community Standard or University policy, rule, or regulation may have been violated, the following process is initiated:

1. Students will receive a written notice (usually an email) notifying them of the possible violation(s). Certain, less severe violations may result in a simple written warning and may not require an in-person meeting with a University official unless requested by the student. A warning is a written notice that restates the applicable Biola Community Standards, University policies, rules, or regulations to the student, drawing attention to the fact that his or her behavior violated University policy. Therefore, a warning cannot be appealed. Most violations, however, involve an initial mandatory meeting with a University official, such as the student’s Resident Director, Graduate Assistant, or other Student Development staff member. Students are expected to comply with meeting requests; further disciplinary measures may occur if they fail to comply.

2. In this initial mandatory meeting, students will be informed of the allegations supporting the possible violation(s) and be given an opportunity to respond and provide their perspective on what occurred. They may also share any other information they believe to be pertinent to the situation. Students are encouraged to be honest and forthright.

3. If needed, following the initial mandatory meeting, the University official responsible for the meeting will gather pertinent information from any additional parties that may have been involved in the situation or from records that may be relevant. At times, the student may be called in for an additional meeting to discuss any new information that was gathered.

4. Once all relevant information has been gathered, the University official responsible for meeting with the student will determine whether a violation occurred. In cases involving more serious violations or other extenuating factors, the Student Conduct team may review the information and make the determination. It is important to note that with respect to conduct proceedings, the University does not follow a formal legal judicial process (e.g., formal rules of evidence are not followed, past conduct may be considered). In all cases, the University official responsible for meeting with the student, or the Student Conduct team when involved, will strive to reach accurate findings through a fair, equitable, and timely process. If the student is found responsible for a violation of standards or expectations, appropriate sanction(s) are determined. Two types of sanctions, inactive and active, may be issued.

   1. An inactive sanction is determined by the University official responsible for meeting with the student, or by the Student Conduct team when involved. Inactive sanctions involve a University conduct status that is held within the Department of Student Development. Possible inactive sanctions are listed under “Inactive Sanctions” below.

   2. An active sanction is developed through a collaborative process between the student and the University official and may require additional conversations. The purpose of this sanction is to assist in the development and growth of the student. Active sanctions involve activities designed to provide support, resources, or accountability and to strengthen the student’s ability to flourish within the Biola community. Active sanctions are determined on a case-by-case basis, but some examples include educational reading and reflection, therapy, mentoring, pastoral care, etc.

5. If the student is found responsible, the University official will send a letter to the student that communicates the findings of the case and the assigned sanctions. Students placed on disciplinary probation are required to complete their active sanctions within the timeline indicated in their sanction letter. Failure to do so may result in further administrative action. Students who are suspended may request to return after the timeline indicated in their sanction letter. At that time, completion of any required active sanctions will be reviewed and discussed.

The determination of appropriate inactive sanctions is based on the nature and severity of the violation(s), as well as the impact of the behavior on the University community. The unique individual needs of the student involved are also considered.

The University seeks to be consistent in its sanctions while also being sensitive to the facts and circumstances of each individual case. University officials may impose a sanction and delay its implementation when appropriate. Failure to comply with imposed sanctions by the specified deadline may result in further disciplinary action and may affect a student’s ability to continue enrollment at the University. While the University reserves the right to impose any appropriate inactive sanction, the following represent the typical inactive sanctions that may be assigned:

• Disciplinary Probation: Disciplinary probation is a period during which a student must demonstrate the ability to comply with Biola’s Community Standards, University policies, rules, and regulations. During this time, the student is expected to show growth in responsible decision-making and behavior, including, but not limited to, areas related to the concerns that led to disciplinary probation. This status may include limitations or restrictions on certain activities or privileges. Any additional violations of University policies or Community Standards during probation may result in further disciplinary action, including additional sanctions and/or dismissal from the University. In making this determination, the University will take into account prior violations that resulted in probation, as well as new incident(s) under review.
• Interim Suspension: In certain circumstances, the Student Conduct team may immediately impose an interim University or housing suspension while a final determination is being made. Interim suspension may be imposed:
• to ensure the safety and well-being of members of the University community or preservation of University property;
• to ensure the student's own physical or emotional safety and well-being;
• or if the student poses a credible threat of disruption of or interference with the normal operations of the University.
During an interim suspension, the student will be denied access to University housing, the campus (including classes), and/or other University activities or privileges for which the student would otherwise be eligible. An interim suspension remains in effect only until the conduct process is completed and any additional sanctions (if any) are determined.

• Suspension: Suspension is a temporary separation from Biola University for a defined period of time and is determined by the Student Conduct team. After that period, the student may request to return by contacting the Department of Student Care & Conduct. While completion of required conditions is necessary to be considered for return, it does not guarantee readmission. Decisions regarding a student’s return are made following a careful and thorough review of the relevant facts and circumstances. Any conditions for readmission will be outlined in the sanction letter.
• Expulsion: Expulsion is a permanent separation from the University, with a notation of the reason for the termination placed in the student’s file.

Please Note: When students are suspended or expelled for conduct reasons, the University is not required to issue any refund of tuition or room charges for the semester, and financial aid may be canceled. The student is automatically withdrawn from classes and will be assigned a UW or W, based on the suspension/expulsion date. Upon permanent separation from University housing, students may apply to Auxiliary Services for unused board (meal plan) charges.

The University expects students to engage in the conduct process honestly and thoughtfully. The following are examples of violations that may result in further disciplinary action:

1. Knowingly falsely reporting misconduct.
2. Failure to respond to the summons/request for a meeting with a University official.
3. Falsification, distortion, or misrepresentation of information to a University official.
4. Disruption or interference with an orderly conduct process.
5. Harassment (verbal or physical) and/or intimidation, or attempting to discourage another individual‘s proper participation in, or use of, the conduct process.
6. Attempting to influence the impartiality of a University official prior to, and/or during the course of, the conduct process.
7. Harassment (verbal or physical) and/or intimidation of a University official prior to, during, and/or after a conduct process.
8. Failure to comply with written or verbal directives of University officials or law enforcement officers acting in the performance of their duties and/or failure to provide identification to a University official upon request.

If a student chooses to withdraw from the University before the Conduct Process is complete, a Student Development registration hold will be placed on the student’s account. This requires the student to meet with a Student Care & Conduct team member before the student can return to the University.

A student club, club officers, and/or club members may be held collectively and/or individually responsible when in violation of the Community Standards, policies outlined in the Club Officers Manual, or any other University policies occur either during an event sponsored by the organization or by an individual representing or acting on behalf of that club. The following sanctions may be imposed upon clubs: warning, fines, loss of privileges, educational sanctions, restitution, or deactivation. Deactivation includes a loss of all privileges, including University recognition and access to funds in the club's university account, either permanently or for a specified period of time. If a student has been found responsible for violating the Community Standards or other University policies outside of their role as a leader or member of a club, their standing as a club or ministry leader or member may be impacted. The appeals process outlined below also applies to clubs and organizations.

When the sanctioned student disputes the outcome of a Student Conduct process, the student (hereafter referred to as the Appellant) may request the Sanctions Appeal Request Form by email from the Director of Student Conduct. Once the completed appeal form is submitted, the Vice President for Student Development will review the Appellant’s request and determine whether the appeal meets the criteria for an appeals process to move forward. If the appeals process is granted, sanctions may or may not be postponed or suspended pending the outcome of this appeal, at the discretion of the Vice President. Appeals based on general dissatisfaction with the outcome, disagreement with the University’s written regulations, standards, or policies, or disagreement with how University administrators have interpreted or applied those policies are not permitted.

A student may appeal their sanctions on the basis of:

1. new evidence has become available that was not reasonably available at the time of the determination and/or sanctioning that would impact the decision; and/or
2. A procedural irregularity that affected the outcome; and/or
3. A conflict of interest or bias for or against involved students that affected the outcome of the matter on the part of the investigator or decision-maker; and/or
4. The sanctions assigned don’t match the severity of the incident (only permitted for determinations resulting in a student suspension or expulsion)

To initiate an appeal request, the Appellant must request the Sanctions Appeal Request Form from the Director of Student Conduct by email at Tiffany.Swafford@biola.edu. A request for the Student Conduct Appeal Form must be submitted within three (3) working days from the date and time the Appellant was informed of the disciplinary decision. Once the Appellant receives the form from the Director of Student Conduct, the completed form must be submitted within an additional three (3) working days. The total time from notification of the conduct decision to submission of an appeal request is six (6) working days.

If the Vice President for Student Development determines the appeal request meets the criteria for an appeals process, an Appeal Hearing Committee will be formed. This committee will be made up of members of the Student Development team selected by the Vice President.

Within three (3) working days of receiving the completed Appeal Request Form, the Vice President for Student Development will review the appeal to determine whether it meets the criteria for review. If the appeal meets the criteria, an Appeal Hearing Committee will be formed. The committee will then review and evaluate the original adjudication, along with the information submitted by the Appellant, and issue its decision within three (3) working days of being formed. In appeal proceedings, formal rules of evidence are not followed, and prior conduct may be considered. No specific procedural model is required; however, the Appeal Hearing Committee will strive to reach accurate findings through a fair, equitable, and timely process. Based on the nature of the appeal, the Appeal Hearing Committee has the discretion whether or not to call the Appellant and/or his/her witnesses to appear before the Appeal Hearing Committee. If the Appellant and/or the witnesses will be called, they will be notified at least two (2) days in advance of the appeal hearing date. The Appeal Hearing Committee may record the appeal hearing. If, at any stage of the appeals process, additional time is warranted due to scheduling or other relevant considerations, the Vice President for Student Development may extend applicable timelines and will provide the Appellant with timely notification. If no additional time is needed, the total time from the student submitting the appeal request to receiving the outcome of the appeal is six (6) working days. The decision of the Appeal Hearing Committee will be final, and no further appeal is possible.

A separate appeal process is followed in cases of academic dishonesty; please see the policy on Academic Integrity.

Any questions regarding interpretation of these Biola Community Standards or University Policies should be referred to the Office of Student Development. In these Standards, the Office of Student Development gratefully acknowledges the use and adaptation of model codes of student conduct published by the National Association of College and University Attorneys in Student Disciplinary Issues: A Legal Compendium and Student Handbook Policies.

Updated policies and regulations may be found under the Graduate Student Handbook. New or modified policies are effective upon publication (including online publication); students will be notified of substantive changes via email. It is the students’ responsibility to stay informed of current policies and standards.

Student complaints and grievances against the institution are issues that Biola University takes very seriously. We have established several situation-specific grievance and complaint formats. We strongly encourage you to attempt resolving the situation directly with the offending person/department prior to filing a grievance. Please see the sections below.

• Academic Appeals: Grade Change, Academic Integrity, Faculty Grievance
• Discrimination, Sexual Harassment or Sexual Assault

If you have a general student complaint/grievance that does not fit under one of the aforementioned categories, or, if you have questions about filing a complaint, you may contact the Office of Student Development at (562) 944-0351, ext: 5837 (Direct) or via email (student.development@biola.edu). Student Development will provide guidance on the campus process for addressing your particular issue.

If your complaint is associated with the institution’s compliance with academic program quality and accreditation standards, WASC Senior College and University Commission (WSCUC) is the agency that accredits Biola University’s academic programs. Therefore, if your complaint remains unresolved after exhausting all of the steps and appeals outlined by Student Development or the Office of the University Legal Council, you may present your complaint to WSCUC at wascsenior.org/comments.

Federal regulations require the States to provide students the ability to file complaints against educational institutions located in their state. Listed below are the states where Biola University maintains a Title IV approved site and contact information for the filing of a complaint. Biola University encourages all students to first use all available grievance procedures provided by the institution before pursuing a complaint with a state agency.

California: Bureau for Private Postsecondary Education
2535 Capitol Oaks Drive, Suite 400
Sacramento, CA 95833
Phone: 916-431-6959
Fax: 916-263-1897
Website

New York: State Education Department
Office of College and University Evaluation
89 Washington Avenue
Room 960 EBA
Albany, New York 12234
Phone: 518-474-1551
Download NY Complaint Form

Nothing in this disclosure should be construed to limit any right that you may have to take civil or criminal legal action to resolve your complaints. Biola University has provided this disclosure in compliance with the requirements of the Higher Education Act of 1965, as amended, as regulated in CFR 34, sections 600.9 (b) (3) and 668.43(b). If anything in this disclosure is out of date, please notify the Office of University Legal Counsel at Biola University, 13800 Biola Ave, La Mirada, CA 90639.