By Eric Dennison
Incoming freshmen need to know their rights within the judicial system of the University of Louisville – that is, after they find out U of L has a judicial system.
The University of Louisville’s judicial system dictates the process by which students face disciplinary actions for violations of the Student Code of Conduct, set up by the Campus Life office. Violations of the code of conduct can include anything from a student causing another person physical harm, sexually harassing another student, or drinking on campus. The rules are outlined in section eight of the code, which can be found at http://campuslife.louisville.edu/cloffice/conduct.
Executive Director of Campus Life Michelle Clemons said that, when dealing with illegal activities on campus, “the university police have just as much discretion as Metro Louisville police have. The University police can cite and arrest.” If a student is found doing any illegal activity, including those violations addressed in the code of conduct, the university police are considered “real” officers and can take a student to jail.
However, when a student is found in violation of the code, the university has its own judicial system that deals with the problem.
For example, if a student is caught drinking on campus, the infraction is reported to Campus Life. The officer has the right to either cite or arrest that student. If the student is arrested, he or she must deal with the legal ramifications as well as the university proceedings.
The university acts in a dual judicial system. If the offense is considered great, the student has to deal with the courts and the university in a private hearing.
If a student commits a first offense, that student undergoes an informal hearing where he speaks with Clemons. However, unlike the United States legal system, the outcome of a student’s hearing is determined by a preponderance of evidence rather than being subject to a standard of reasonable doubt.
According to the code of conduct, “Preponderance of evidence shall be defined as evidence that a reasonable person would find persuasive or more likely than not to have occurred.”
The University of Louisville then decides on the appropriate disciplinary action which mean a warning, probation, expulsion, or other punishment.
If a student commits other infractions after the initial informal hearing, he is sent to a formal hearing. At this hearing, the student faces a “board of three people trained to look and weigh evidence and then make a determination.
“First, has there been a violation?
“Second, if there has, then what are the mitigating and aggravating circumstances; and then, what is the correct punishment?” Clemons explained.
“Going to an academic institution is a privilege, not a right,” she added. The university has the right to expel students.
Not all violations, however, wield harsh punishments. Some of the most serious infractions on campus are carrying weapons, sexual harassment, marijuana usage and alcohol abuse. Alcohol infractions have a three-strike penalty: a student caught three times with alcohol on campus is expelled.
Clemons stressed that criminal behavior can have a big impact on a student’s future. She said a criminal record can affect a person’s future job opportunities.
“The university is a training ground for behavior,” Clemons said. “It is up to the student to accept responsibility for their actions and see how their actions will follow them in life. Mistakes can follow you and there are consequences for every action.”
The code of conduct allows Uof L to penalize students for unacceptable behavior, but it protects students’ rights as well. A student who feels his or her rights have been violated can report the incident to the Campus Life office.
