20 Resource: Managing Disciplinary Incidents

Disciplinary Problems

Under Indiana University policy, students who are currently on academic probation or who have been given a sanction of disciplinary probation or stronger (i.e., deferred suspension, suspension, separation, or expulsion) are NOT permitted to study abroad. Accepted students with previous disciplinary infractions, including probation that has been completed, should receive a letter alerting them to the fact that they will be representing IU abroad so they must behave themselves in such a way that the host country be left with a favorable impression of IU students. It is important that students accepted to IU programs uphold a high standard of behavior.

In the event of an incident that involves academic or behavioral misconduct of a student or a student’s difficulty with local authorities, inform Education Abroad immediately. In the most severe cases where dismissal is a consideration, consultation with Education Abroad must take place prior to taking action.

The Indiana University Code of Student Rights, Responsibilities, and Conduct describes detailed rights and responsibilities of students, defines student misconduct, and stipulates complaint procedures.

Prevention

During orientations and as the program progresses, you should set appropriate expectations as to what the program offers and what resources are available in the local environment. Often students unconsciously expect the conveniences of home and high service programs, characteristics which, in fact, may be counter to the learning experience abroad as well as be impossible to provide. When students dwell on dissatisfactions, behavioral or morale problems for the group may develop.

You are encouraged to head off potential problems by discussing frustrations with students openly when they first become apparent, by keeping dialogue open throughout the program as to cultural differences, stereotypes and other perceptions that may cause difficulties in classroom and living situations. You may find it helpful to serve as a mediator in resolving conflicts. In all cases, consultation with appropriate resource people at Education Abroad is offered in support.

 Your primary concerns should focus on behavior that takes place on the physical site where the program is located, at housing sites arranged by the program and during program activities. But you also have the authority and responsibility to address accusations of misconduct for acts of personal misconduct or criminal acts that are not committed on the program location if the misconduct undermines the security of the program or the integrity of the education process or poses a serious threat to self or others.

 Adjudication

Campus judicial procedures are impossible to replicate abroad. However, should an incident occur, you should proceed in a way that follows due process and will determine what really did take place. Evidence needs to be gathered carefully and students need to have the opportunity to respond to the charges and the evidence. Hopefully, the outcome of the procedures will be that the student learns from the experience and can participate in a positive way during the remainder of the program. Directors are encouraged to maintain as much oral communication as possible with the student; the written procedures suggested below, however, will communicate to the student that misconduct will not be tolerated. A written record will afford the best protection should the incident be reviewed at a later date.

Suggested Procedures:

1. The student should receive written notice of any charge against them. The charges should be written in such a way that the date, time, place, and nature of the behavior judged in violation of the rules can be understood by the student.
2. In gathering evidence, one is concerned with the accuracy, reliability, and completeness of the evidence. A finding of the facts is an important consideration in any future review of the incident.
3. The student should be afforded a meeting to review the evidence, to present additional evidence, to question witnesses, and to make a response to the charges. The student should receive advance notice of the meeting.
4. The student should be offered the assistance of an advisor. In some situations, there may be a faculty member or an experienced professional staff person on-site who can serve that function. It may be appropriate for the program to arrange for the student to consult with an advisor by long distance phone back on the home campus.
5. The person who conducts the hearing (normally the faculty director) should do so fairly and impartially. There should be some written or audio record of the meeting. A written finding of the facts should serve as the basis for a decision.
6. The decision should be based on the preponderance of evidence as established during the meeting. If the decision is to impose sanctions, they should be consistent with the nature of the offense and consistent with how others have been treated in similar circumstances.
7. The student should receive written notice of the outcome citing salient facts influencing the decision. You are encouraged to consult Education Abroad at any point during this process, if there is need. Some problems that arise are similar to what the Office of Student Conduct handles regularly, and the precedent they have experienced may serve as a guide. In cases where cultural factors may come into play or there are other complications, Education Abroad may be able to identify others with relevant experience or expertise.

Documented disciplinary infractions will be reported to the IU Office of Student Conduct and become part of the student’s official record. Upon review by the appropriate IU campus judicial body, the student may receive subsequent sanction (see IUB Procedures document for list of possible sanctions).