Disciplinary Procedure

Section 1: Filing of Allegations

  1. All allegations of student misconduct shall be filed with the Dean of Students. The Dean of Students may request the allegations be filed in writing. Upon receipt of such allegations, the Dean of Students shall conduct an initial assessment and/or investigation.

    If the Dean of Students reasonably believes that the allegations, even if true, would not constitute sanctionable conduct, then the Dean of Students shall consult with an academic dean regarding the matter. If the academic dean agrees with the Dean of Students, then the Dean of Students shall not refer the matter to the Chair(s) of the Faculty Administrative Committee (“Chair(s)”) and shall take no further action. If the academic dean disagrees, then the matter shall be referred to the Chair(s) of the Faculty Administrative Committee to determine if the allegation(s) constitutes sanctionable conduct. If the Chair(s) agree that the allegation does not constitute sanctionable conduct, no further action shall be taken. If the Chair or a Co-Chair determines that the allegation constitutes sanctionable conduct, the matter shall proceed pursuant to paragraph 2.

Section 2: Initial Review, Informal Resolution, and Issuance of Complaint

  1. If the allegations as reported and after a preliminary investigation would constitute sanctionable conduct, the Dean of Students in consultation with an academic dean will determine if informal measures that address the concern or complaint and the needs of the persons involved may resolve the claim of sanctionable conduct. The Dean of Students will aim to hear concerns and address them as collaboratively and beneficially as possible.
  2. Should the allegations not be informally resolved, the Dean of Students will refer the allegations to the Chair(s). The Chair(s) will review the allegations and any other information available. If the Chair(s) find the allegations to be meritless or insubstantial, they shall provide a written summary of the allegations and reasons for dismissal to all members of the Faculty Administrative Committee. If, within a reasonable period of time as set by the Chair(s) but not fewer than fourteen days, any two members of the Faculty Administrative Committee disagree with the dismissal, a complaint shall issue.
  3. Upon the issuance of a complaint, the Chair(s) shall refer the matter to a Factfinding Subcommittee (“Subcommittee”). Once a Complaint of Student Misconduct has been issued by the Chair(s), the Chair(s) shall inform the student of the complaint and that the matter has been referred to the Subcommittee. The Chair(s) also shall provide a copy of the Complaint to the Subcommittee, the Assistant Dean for Academic Services, and the Dean of the Law School.
  4. The Dean of the Law School may temporarily sanction a student until such time as the complaint is resolved, which shall be (1) reflected in a letter authored by the Dean or the Dean’s designee, (2) sent to the student, and (3) delivered to the Assistant Dean of Academic Services.
  5. Upon issuance of the formal complaint and within 14 days of sending said complaint to the student, the student should deny or admit, in whole or in part, the allegations made in the complaint. The student’s denial or admission shall be made in writing and sent to the Chair(s) of the Administrative Committee. Should a student not reply within the 14 days, the allegations will be deemed denied.

Section 3: Factfinding Subcommittee

  1. The Factfinding Subcommittee shall consist of five members of the Faculty Administrative Committee as selected by the Chair(s). The Chair(s) shall designate one of those five members to serve as chairperson of the Subcommittee (“Factfinding Chair”).
  2. The Meetings of the Factfinding Subcommittee shall be closed, except for the parties, necessary staff, witnesses, and advisor to the student as allowed by the Factfinding Chair. Formal rules of evidence shall not apply, but the Factfinding Chair may make such rulings as are necessary to ensure fairness and to expedite the proceedings. Any student appearing before the committee will be notified that lying to the committee is sanctionable conduct. Witnesses will be sequestered unless otherwise agreed upon by the parties. The student who is the subject of the complaint may be assisted by an advisor while the student is present before the Subcommittee and shall be entitled to present information, including but not limited to producing documents or proposing witnesses to be interviewed by the Subcommittee. The Subcommittee may put any reasonable limitation on the submission of information to be presented or the number of witnesses the student may ask the subcommittee to interview. The allegations and supporting information shall be presented by the Chair(s) or the Chair(s’) designee, or by Suffolk University Counsel. The student shall be entitled to a copy of any documentation presented to the Subcommittee during the Meeting. If either the law school or the student intends to be represented by advisor or counsel as the case may be, the student who is subject of the complaint or the law school, respectively, shall be notified at least four days prior to the hearing. Only members of the Factfinding Subcommittee may ask questions of witnesses and of the student whose conduct is under consideration. The student or their advisor may submit areas of inquiry or specific questions for the Subcommittee to consider asking witnesses. The Subcommittee shall retain the discretion to incorporate some, all, or none of the suggestions made by the student when it interviews witnesses.

    After the Subcommittee has heard from any witness(es), including the student themselves, if they elect to be interviewed, the student or their advisor shall be permitted to give a closing statement to the Factfinding Subcommittee either in writing or orally. If the student elects to submit a closing statement in writing, it must be submitted no later than 72 hours after all of the documentation presented to the Subcommittee has been provided to the student. The Subcommittee may impose a reasonable page limitation on that written submission. If the student opts to give an oral closing statement to the Subcommittee, the oral statement shall be scheduled at the convenience of the Subcommittee but no sooner than 48 hours after copies of the documents presented to the Subcommittee during the Meeting have been provided to the student.
  3. The Factfinding Subcommittee shall hear the information and determine whether sanctionable conduct has been established by clear and convincing proof. If it finds that no such conduct has been established, it shall dismiss the complaint. If it finds that such sanctionable conduct has been established or if the student admits to sanctionable conduct, it shall report to the Dean the nature of the conduct found, with a recommendation as to the appropriate sanction. In recommending a sanction, the Factfinding Subcommittee may consider all relevant information, including, but not limited to, previous sanctions imposed in similar situations; the charged student’s acceptance of responsibility and remedial measures taken; past disciplinary or criminal record; the nature of the misconduct; and the severity of any damage, injury, or harm resulting from the misconduct. A vote of four of the five members of the Factfinding Subcommittee (or three out of four if one member is absent) shall be required to find sanctionable conduct. A simple majority of the Factfinding Subcommittee shall be sufficient to recommend an appropriate sanction. The Factfinding Subcommittee shall issue a written report containing (i) the findings of fact, (ii) a decision as to whether sanctionable conduct was or was not found, (iii) a recommendation as to the sanction(s) if sanctionable conduct is found, (iv) the position of the majority and minority voters in the case of a non-unanimous decision, and (v) any other documents considered as part of the record before the Factfinding Subcommittee (“Factfinding Subcommittee Report”).
  4. The Chair of the Factfinding Subcommittee shall send to the Dean, the student, and the Chair(s) of the Administrative Committee a copy of the report, consisting of (i) the findings of fact, (ii) a decision as to whether sanctionable conduct was or was not found, (iii) a recommendation as to the sanction(s) if sanctionable conduct is found, (iv) in the case non-unanimous decision, the position of the majority and minority voters, and (v) any other documents considered as part of the record before the Factfinding Subcommittee.

Section 4: Dean’s Review and Imposition of Sanction

  1. The student may appeal the findings and recommendations of the Factfinding Subcommittee to the Dean of the Law School by sending a notice of appeal to the Dean and to the Chair of the Factfinding Subcommittee within 14 days of receipt of the Factfinding Subcommittee's report with the basis of such appeal and any additional information.
  2. If the student appeals the findings and recommendations, the Dean shall review the Factfinding Subcommittee’s (i) findings of fact of fact, (ii) decision as to whether sanctionable conduct was or was not found, (iii) recommendation as to the sanction(s) if sanctionable conduct is found, (iv) the position of the majority and minority voters in the case of a non-unanimous decision, and (v) any other documents considered as part of the record before the Factfinding Subcommittee.
  3. Upon appeal, the Dean shall review the Factfinding Subcommittee’s findings of fact to determine if the findings are arbitrary, capricious, or otherwise an abuse of discretion. If the Dean makes such a finding, the Dean shall return the matter to the Factfinding Subcommittee with a request for specific reconsideration and shall inform the student. The Factfinding Subcommittee will reconvene a hearing where they will consider the Dean’s request and any additional, relevant information. The Chair of the Factfinding Subcommittee will draft amended findings of fact in order to resolve the Dean’s request for reconsideration and submit the amended findings of fact. If the Dean does not determine the findings of fact to be arbitrary, capricious, or otherwise an abuse of discretion, the Dean shall affirm the findings of fact.
  4. Regardless of whether the student appeals the findings and recommendations, the Dean shall review the recommended sanction(s). In reviewing recommended sanction(s), the Dean may consider all relevant information, including, but not limited to, previous sanctions imposed in similar situations; the charged student’s acceptance of responsibility and remedial measures taken; past disciplinary or criminal record; the nature of the misconduct; and the severity of any damage, injury, or harm resulting from the misconduct.
  5. The Dean shall determine the sanction to be imposed and shall inform the student, the Chair(s) of the Administrative Committee, the Chair of the Factfinding Subcommittee, and the Assistant Dean for Academic Services of the Factfinding Subcommittee’s findings of fact and the sanction imposed, unless the Dean imposes a sanction that differs from that recommended by the Factfinding Subcommittee.
  6. If the Dean imposes a sanction that differs from that recommended by the Factfinding Subcommittee, the Dean shall make a written decision and explanation of the reasons for the sanction imposed. A copy of this report and notification of the sanction imposed shall be provided to the Chair(s), the Chair of the Factfinding Subcommittee, the student, and the Assistant Dean for Academic Services.
  7. The Dean shall meet with the student concerning the Factfinding Subcommittee’s findings, its recommended sanction(s), and the Dean’s decision about the sanction to be imposed. The student may bring an advisor to the meeting.
  8. The decision of the Dean shall be (1) reflected in a letter authored by the Dean, or the Dean’s designee, (2) sent to the student, and (3) delivered to the Assistant Dean of Academic Services for inclusion in the student’s transcript. The Dean’s decision is final. There is no appeal from the decision of the Dean of the Law School.

Section 5: Sanctions

  1. Sanctions which may be imposed include but are not limited to a written reprimand, probation, suspension, or dismissal from the Law School.
  2. The Office of the Dean shall maintain a file of all student disciplinary proceedings. Such file shall include a copy of the Complaint of Student Misconduct and all findings of fact and reports issued by the Factfinding Subcommittee, and the Dean’s report, if any.
  3. If a student withdraws from the Law School while a disciplinary investigation or proceeding is pending, the following entry shall be made on the student’s transcript: “Withdrew while disciplinary proceeding pending.” A student who withdraws while a disciplinary investigation or proceeding for sanctionable conduct is pending will not be readmitted to the Law School except in extraordinary circumstances.
  4. If the student requests an official transcript after the issuance of a Complaint of Student Misconduct but before final resolution of the matter, the transcript shall bear the legend “Complaint of Student Misconduct Issued – Decision Pending.”
  5. No degree will be conferred upon the student subject to a disciplinary complaint until such time as either (1) the Factfinding Subcommittee finds no sanctionable conduct or (2) the Dean issues a final sanction, and that sanction is completed.

Section 6: General Provisions

  1. Sanctionable conduct shall include any violation of the Suffolk University Law School Rules and Regulations including all conduct described in Regulation XI of said Rules and Regulations.
  2. Actions required by the Dean under these rules may be delegated by the Dean to an academic dean.
  3. As used in these rules, the terms “Law School Faculty” or “Faculty,” refers to faculty members entitled to vote at faculty meetings of the Suffolk University Law School Faculty.
  4. Any person who serves as advisor to the student as provided for in these rules may not be an employee of, or instructor at, Suffolk University.
  5. Issues not specifically addressed by these rules or interpretations of these rules shall be resolved by the Dean in consultation with the Chair(s).
  6. Any allegation subject to the Suffolk University’s Nondiscrimination Policy, which includes allegations of discrimination and sexual misconduct (see Nondiscrimination Policy and Grievance Procedures - Suffolk University), or any sanctionable conduct that was investigated by the Title IX Office of Suffolk University, shall be determined pursuant to that Suffolk University Policy and not pursuant to these Procedures.
  7. If a student against whom a Complaint of Student Misconduct has been issued is under criminal investigation or is the subject of criminal charges for the same or related conduct that comprises such Complaint, the student shall have the right to request that the accused student’s presentation to the Factfinding Subcommittee, allowed in Section 3, Paragraph 7, be postponed until such time as the underlying criminal charges are resolved , without any adverse inference being drawn from that request. Such request shall be granted. If the accused student decides that they will not appear before the Factfinding Subcommittee, they will notify the Chair(s) of the Administrative Committee. The Factfinding Subcommittee will not come to a decision until such time as the student who is subject to the criminal charges is given an opportunity to speak with the Factfinding Subcommittee, no later than 30 days of the final resolution of the criminal charges or at a later time at the discretion of the Chair(s), unless the accused student states they will not appear before the Factfinding Subcommittee.
  8. If a student against whom a Complaint of Student Misconduct has been issued is under criminal investigation or facing any criminal charge based on the same or related conduct, the Dean may place the student on administrative leave of absence for the period of time and under terms and conditions deemed necessary by the Dean.
  9. The Chair(s) of the Administrative Committee will notify the complainant of the final resolution of the complaint.

As approved by the Law Faculty on May 16, 2024