Guests and Community Policies

Visitation in public lounges

Public lounges in Myers (connects Whittier and Woolman), Heritage, and Haviland halls are open from 8 a.m. to 12 midnight. Bennett Lounge in the Barn is open 24 hours. Students are encouraged to use all lounges for relaxing, socializing, entertaining visitors, study, or hall programs. Public displays of affection, disruptive behavior, and sleeping in the lounges should be avoided.

Visitation hours for residence halls:

Sunday.......................... 12 p.m.–11 p.m.

Monday........................ 5 p.m. –11 p.m.

Tuesday......................... none *

Wednesday ................... 5 p.m. –11 p.m.

Thursday ...................... none *

Friday ........................... 3 p.m. –12 a.m.

Saturday........................ 12 p.m. –12 a.m.

*Tuesdays and Thursdays are intentionally designated in our residence halls for residents to interact with their floor and hall mates. Frequently, floor and hall programs will be held during these times.

Individual room visitation

As always, but particularly during visitation hours, it is expected that students will conduct themselves with discretion and respect the rights of others. Each resident is to honor and respect his/her roommate’s desires pertaining to individual rooms and the issue of visitors in the rooms. In other words, seek permission, make sure roommates know about anticipated guest(s), and have had an opportunity to express his/ her agreement or disagreement.

While entertaining guests of the opposite gender in your room, all doors to rooms must be open at least half-way (45-degree angle) in such a way that persons in the room can see out into the hallway. Additionally, lights must be left on while entertaining guests.

Students violating the room visitation policy may have their visitation privileges revoked for a specific amount of time. Students who have multiple violations of this policy, or who violate more than one of the requirements for visitation listed above, or are significantly late leaving the residence hall, will face more significant disciplinary sanctions. These include, but are not limited to, disciplinary probation, a monetary fine, community service, or a temporary suspension from Malone.

Quiet Hours

Quiet hours are established to create a positive academic atmosphere in residence halls during evening hours. Because study and sufficient sleep are essential for success, quiet hours are a necessary part of community life. This policy also encourages a sense of community responsibility in being considerate of one another’s needs.

Quiet Hours are in effect Sunday–Thursday, 10 p.m.–8 a.m. and Friday–Saturday, 12 a.m.–10 a.m. During this time, noise from one room should not be heard in a neighbor’s room. Music should be kept at a minimum or be listened to through headphones. Noise in the hallways should also cease and video games should be played quietly or without sound. Repeated offenses may result in a fine, the loss of sound speakers, video game equipment, or the privilege of having guests in their room of either gender for a specified period of time.

Guests

Guests (including family members) are the responsibility of the student being visited. All Malone and campus policies and regulations apply to guests as they do to students. Exceptions may be made for parents with the permission of the Resident Director. Students may have a guest (of the same gender) stay overnight in their room, after seeking permission from his/her roommate(s) and the Resident Director. Guests may stay a maximum of three consecutive nights on campus and may do so no more than twice each month. Permission is sought either before or upon arrival by submitting a “Visitor Registration” form which may be obtained from your Resident Assistant or Resident Director.

Resident’s responsibility for the conduct of guests

Residents are responsible for monitoring the conduct of invited or uninvited guests in their room. Residents of a room will be held responsible for the inappropriate actions of others unless those directly responsible for violations of campus policy or damages can be identified. Students leaving their room for any period of time should make sure (by locking their door) that others do not have access to their room without their permission.

Water, snow, and sports

Students are not permitted to throw or spray water, snow, shaving cream, etc. within, into, or outside of a residence hall. Students are not permitted to play sports in the hall. Violators will be fined commensurate with real and potential damages.

Guidelines for student dress in halls

At no time should students be seen in residence hall common areas (hallways, lounges, laundry rooms, computer labs, kitchen areas, stairways, the areas in the bathrooms outside the showering areas, etc.) unclothed. Thus, when students in the residence halls are going from their rooms to the showers and back to their rooms, they should be covered. Residents who choose to shower during visitation hours in the residence halls must wear adequate apparel in the halls (towels only are not adequate). Good taste and respect for each other should prevail.

When Malone Personnel Need To Enter Your Room

Malone personnel may enter students’ rooms for the following reasons:

To provide maintenance and general repair to the room*
In case of emergency, health, or safety risks
To investigate, when reasonable cause exists, possible violations of Malone regulations**

*Malone personnel may make routine repairs during normal workdays and emergency repairs when necessary

**If a staff member(s) should enter a room and notice evidence of a violation of Malone regulations, the staff member may confiscate the evidence and refer the incident to appropriate leadership. If an item is taken when a resident is not in the room, the resident(s) will be promptly notified. Staff will make a reasonable attempt to perform a search with the occupants of the room present.

For further information, please refer to Malone’s Surveillance and Search Policy found in the Community Responsibilities section of the Handbook.

Institutional response to violations of community standards

The following procedures are based on the philosophy of higher education at Malone. Since we strive to provide experiences for intellectual, social, emotional, and spiritual development of students, these disciplinary procedures are to be considered a part of the educational program and are, consequently, kept in harmony with our mission and purpose. Our philosophy, purpose, and procedures provide an educational experience for all students involved, and do not violate persons or their rights.

As a Christian community, we affirm that there should be a direct connection between belief and behavior. Therefore, the theoretical basis for this judicial system is derived from the law of God as summarized in Matthew 22:37–40, to love God and to love one’s neighbor. The judicial system is meant to serve the community by calling members to responsible behavior and challenging them to live in the spirit of this law of love.

The discipline system is structured in such a way as to deal fairly with students accused of violations of Malone standards:

The accused student shall have an appropriately fair and expedient disciplinary hearing.
The student shall be notified as to the nature of the charges before the disciplinary hearing begins.
The student will receive notification of all decisions rendered.
Every reasonable attempt will be made to keep disciplinary hearing information confidential. Therefore, all such hearings are closed except for persons immediately involved, or as otherwise determined by the Chief Officer for Student Development or his/her designate.
In student disciplinary proceedings, the burden of proof generally, but not necessarily, will be the preponderance of the evidence; that is, based upon a determination that it is more likely than not that the student in question engaged or participated in the alleged misconduct.

Judicial staff and function

The Chief Officer for Student Development or designee are charged with the responsibility of administering the Malone Judicial System, in most cases through Resident Directors or the Non-Academic Judicial Committee. All disciplinary bodies within that system report to the Chief Officer for Student Development.

The Chief Officer for Student Development reserves the right to administratively adjudicate any case if believed by him/her to be in the best interests of the student and Malone. The Non-Academic Judicial Committee is a judicial body which may consist of up to the Chief Officer for Student Development, Dean or Student Conduct Coordinator, one Resident Director (RD), and two students chosen through Student Senate. Two RDs will generally be available to hear cases if the Chief Officer or designee determines a conflict of interest may exist, and more than two students will generally be available to hear cases for the same reason. Every reasonable precaution is taken to prevent conflicts of interest, but due to the nature of a small residential campus, this cannot be assured.

The Dean/Student Conduct Coordinator is an experienced professional who meets with students in discipline cases and is empowered to determine, first, if the student is responsible and, second, what the appropriate disciplinary sanctions should be in a particular case. The Dean/Student Conduct Coordinator will hear cases involving major offenses and those cases referred to him/her by the Resident Directors.

Resident Directors are experienced professionals who are involved in the process of confrontation, and adjudication, and are empowered to determine, first, if the student is responsible and, second, what the appropriate disciplinary sanctions should be in a particular case.

The Student Appeals Committee is made up of three faculty members appointed by the Faculty Committee on Organization and three students appointed by the Student Senate. This committee hears cases in which the Chief Officer for Student Development has already rendered an administrative disciplinary decision.

Judicial Process

Disciplinary action that is necessary as a result of violations of the standards of Malone will be taken by the appropriate Resident Director, the Student Conduct Coordinator/ Dean, and the Chief Officer for Student Development, or Non-Academic Judicial Committee depending upon the nature and extent of the infraction.

All such persons or bodies have the authority to impose disciplinary sanctions, which they deem to be in the best interests of the student and Malone. Every reasonable effort will be made to resolve violations at the lowest judicial level possible.

Typically, in the residence halls, the judicial process is initiated by filing a Complaint/Incident Report (request to file this report through a Student Development staff member) a Security Report. Based on these reports, the applicable judicial person(s) will conduct a preliminary investigation to determine if there is sufficient evidence to proceed with a formal hearing. Such a review will typically involve questioning any witnesses and the accused. Both witnesses and the accused will be notified by the appropriate Student Development staff. Any student receiving this notification is required to make contact with the identified Student Development staff member within a 24-hour time period. Failure to make initial contact with this Student Development staff member may result in a forfeiter of the student to be heard in the process resulting in the adjudicating authority arriving at a conclusion without talking to the student and/or disciplinary action for impeding the judicial process.

If there is sufficient evidence to warrant a judicial hearing, and the complainant is willing to proceed with his/her complaint, the accused student will be referred to the appropriate judicial person(s) for a judicial hearing. The appropriate judicial officer(s) may choose whether or not to hear any case, based on the evidence and information received.

Deliberation, decision, and sanction

Once the hearing has been completed, the judicial officer(s) will consider the evidence of the case to determine if violation(s) of Malone policy has occurred and the degree to which the accused is responsible for such violation(s). If the judicial officer(s) has determined that a violation of Malone policy has occurred, appropriate disciplinary sanctions will be imposed.

A student found to have violated Malone policy will receive appropriate disciplinary sanctions, up to and including dismissal.

The Non-Academic Judicial Committee, the Chief Officer for Student Development, Dean of Student Development/Student Conduct Coordinator, and/or the Resident Director, as appropriate, may choose any one or a combination of the disciplinary sanctions listed below (and/or such other appropriate sanctions as the sanctioning authority may deem appropriate):

A. Verbal Warning

B. Written Warning

C. Counseling Referral

D. Restitution

E. Community Service

F. Room Transfer

G. Disciplinary Probation

H. Residence Hall Suspension

I. Revocation of Housing Privileges

J. Monetary Fine

K. Social Suspension

L. Suspension

M. Request for Withdrawal

N. Dismissal

Malone reserves the right to deviate from the standard disciplinary procedure in the investigation and determination of certain cases of misconduct if deemed in the best interests of the Malone and affected individuals.

Disciplinary sanctions explained

Because Malone believes that disciplinary action is a necessary part of a Christian community, disciplinary sanctions are applied as a means of redemption. Sanctions are meant to hold community members accountable for their actions and to protect the community as a whole. While Malone seeks to remain consistent in terms of disciplinary sanctions, it is rare that individual situations or specific matters are identical.

The range of sanctions is directly related to the nature and severity of the offense. The following sanctions are listed in order of severity and represent the general standards of Malone, subject to addition or change at the discretion of Malone leadership.

Please note: Students who do not fulfill their disciplinary sanctions will be subject to further discipline, with the increased possibility of suspension. Typically, one or more sanction(s) may be applied whenever violations occur, including, but not limited to, the following:

A. Verbal Warning - A verbal warning issued, typically, by a residence hall staff member and documented in a staff file.

B. Written Warning - Written documentation that provides official notification of a violation and informs the student that continued misconduct will result in further disciplinary action.

C. Counseling Referral - Encourages or requires the student to engage him/herself in a constructive, therapeutic relationship with a qualified counselor.

D. Restitution - (1) Reimbursement for damage to or destruction of Malone property or property of any person; (2) other form of appropriate compensatory services to be performed.

E. Community Service - Work or service performed for the purpose of contributing something back to the community. Students failing to complete a community service sanction in the allotted time may face additional sanctions as well, including but not limited to, disciplinary fines, temporary suspension from Malone, or other disciplinary sanctions as deemed appropriate. In the case that the student does not complete a community service sanction, The Chief Officer for Student Development may convert that sanction to a monetary fine. In such cases, the fine will be equal to the number of community service hours assigned multiplied by the prevailing minimum wage. No credit will be given for a partially completed sanction.

F. Room Transfer - Mandatory relocation to another room or residence hall.

G. Disciplinary Probation - An account of the infraction with the date of the beginning and the end of the probation period. The result of further violations or misconduct, while a student is under probation, will result in more severe disciplinary action.

H. Residence Hall Suspension - Removal from Malone housing for a specified period of time.

I. Revocation of Housing Privileges - Loss of privileges associated with living in a residence hall (e.g. loss or restriction of visitation privileges) up to and including permanent removal from Malone housing.

J. Monetary Fine - A monetary fine of an appropriate amount for minor disciplinary violations. Fines are expected to be paid to the appropriate Student Development staff member, on or before the specified date in the pertinent disciplinary letter to the student.

K. Social Suspension - The temporary restriction of a student from participating in any co-curricular activities including, but not limited to, intercollegiate athletics, student clubs and organizations, student government, intramurals, or any activity associated with SAC, whether on or off-campus.

L. Suspension - The severance of the student’s relationship with Malone for a specified period of time.

M. Request for Withdrawal - Formal request made to the student that he/she must withdraw from Malone or face more severe consequences.

N. Dismissal - The permanent severance of the student’s relationship with Malone.

Students found to be responsible for violating Malone policy are subject not only to the disciplinary decisions rendered by the appropriate judicial body, but may also face further ramifications relative to any co-curricular activities in which they may be involved (e.g. athletics, work-study positions, theater groups, choral groups, leadership positions, etc.) at the discretion of the coach, adviser, supervisor, etc.

Suspension

The Chief Officer for Student Development or designee may suspend a student for a period of up to two years. A notation of suspension will be placed on the student’s academic transcript. During a disciplinary suspension, a student is prohibited from entering Malone property or attending Malone-sponsored events on or off-campus. Assignments and exams missed due to suspension are NOT subject for make-up.

The Chief Officer for Student Development, or his/her designate, reserves the right to suspend a student, pending a hearing of charges, if believed to be in the best interests of the student and Malone.

Dismissal

The Chief Officer for Student Development or designee may dismiss a student IMMEDIATELY, or at the end of the current semester. The student is notified that he/she is permanently separated from Malone and a notation is placed on the academic transcript, “Dismissed by Malone Action.”

Appeals

Students have the option of appealing a decision made by Student Development leadership or designee to the Student Appeals Committee. In student disciplinary appeals proceedings, the burden of proof will be the application of clear and convincing evidence. Under this standard, the appealing party must prove that it is substantially more likely than not that the student in question did not participate in the alleged misconduct.

The recommended evidentiary standards should be applied, as appropriate, to the determination of the truth of specific matters asserted, and with respect to ultimate determinations based upon such facts. The decision of the appellate body will be to uphold, modify (reduce or increase), or reverse (drop) the sanctions.

All appeals must be in writing and submitted to the Chief Officer of Student Development or designee within 48-hours of receipt of the disciplinary decision. The Chief Officer of Student Development/designee will immediately notify the Chair of the Student Appeals Committee of the appeal.

Appeals must be based on at least one of the following:

Significant and relevant new evidence, which previously could not have been presented, has since been discovered, secured or made available
The sanctions or decisions levied are unduly arbitrary or unjustified and the student can provide reasonable evidence or apparent cause to support this contention
There was a substantially prejudicial failure to follow fair and proper procedure, and the student has reasonable evidence to prove this.

The chair of the Student Appeals Committee, in consultation with the committee members, will determine if grounds to hear the appeal exist. If these grounds do not exist, the chair will notify the student in writing upholding the Chief Officer for Student Development or designee decision. If these grounds exist, the Chair will convene the Committee to hear the appeal within seven business days of receiving the written appeal, unless otherwise determined by the Chair.

Because a student does not agree with the disciplinary decision does not constitute grounds for an appeal.

Students appealing to a disciplinary sanction of suspension or expulsion may continue attending classes during the course of their appeal unless otherwise directed by the Chief Officer for Student Development. Students and the Chief Officer for Student Development or designee will have the opportunity to speak to the Student Appeals Committee when it has convened to hear the appeal at the appropriate time determined by the Chair of the Committee. Other individuals (such as the student’s parents) may speak to the Student Appeals Committee at the discretion of the Chair of the Committee and with the permission of the student.

Judiciary right to appeal

The individual or committee who made the original or subsequent sanction(s) has the right to appeal decisions that have been changed if it is believed that such decisions were not appropriate. Such appeals will be made to the President of Malone by the Chief Officer for Student Development, who will represent any other individual or group which developed the sanction(s) which are being appealed.

Such appeals shall be in writing, made within 48-hours of the decision of the appeals committee, and shall present information, evidence and/or rationale, which explain why the original sanction(s) should be maintained.

Removal from campus in extraordinary circumstances

In extraordinary circumstances, it may be in the best interest of Malone and students to immediately remove a student from campus. This will generally occur if there is sufficient evidence to suspect that the student could potentially cause harm to him/herself, to others, or to Malone property or facilities. In such cases, decisions regarding such matters will be made by all or a portion of the President’s Collegium. The student will be required to immediately leave campus and not return for any reason until a final determination of the case is made. The student will retain all rights granted in the Appeals section of the Student Handbook, but will not be allowed back to campus until the final decision of the appeal is made.

Notification of parent/guardian in disciplinary matters

In fall of 1998, the 1974 Federal Privacy Act was amended by Congress. This law prohibited colleges and universities from releasing disciplinary records of students 18 years of age or older without their consent. As a result of the amending of this act, colleges and universities were given the option of informing parents/guardians of alcohol and other drug offenses committed by students who are under 21 years of age.

Thus, Malone reserves the right to contact parents/guardians in the case of alcohol and drug offenses by students under 21.

Notification of suspension

Parents/guardians are notified in the event that a student is suspended or dismissed. Furthermore, the Chief Officer for Student Development and/or designee reserves the right to contact parents/guardians, or members of the Malone Community (e.g., coaches, advisers, supervisors, etc.) within the limits prescribed by law if it is believed to be in the best interests of the student and Malone.

Civil and criminal laws; applicability to campus

Students are expected to abide by the laws and ordinances that govern the United States, the State of Ohio, and the City of Canton. A student who is charged under, or convicted of, violations of civil or criminal law may be subject to Malone’s disciplinary procedures and sanctions for the same offense when the misconduct occurs on campus, or in connection with Malone activities or programs, or anytime a student’s behavior has an adverse effect on the rights or interests of the Malone community.

The prosecution of a student by local, state, or federal authority does not create double jeopardy, or in any way preclude subsequent judicial action against a student for the same conduct by Malone. Similarly, any action by Malone does not preclude subsequent action by any local, state, or federal authority.

Growth Initiative

If your own behavior has been in violation of the policies of Malone, and if you wish to change, you are encouraged to take the initiative to discuss the behavior of concern with a residence life staff member, faculty member, campus counselor, or Student Development staff member. Upon doing so, you may be exempt from certain disciplinary actions for behavior up to the time the Growth Initiative begins.

The following requirements must be met in order to take advantage of the Growth Initiative:

You must initiate the contact. Once you have been confronted and/or formal discipline has begun, your situation can no longer be addressed within the concept of the Growth Initiative.
You must sign a behavior contract with a Student Development professional staff member. This contract will specify the behavior changes you wish to make, the obligations you have to Malone and/or selected mentors, and the type of assistance you will receive from Malone in accomplishing your goals for change. Your ongoing behavior must not be in violation of the aforementioned contract. If it is, you may be subject to formal discipline, i.e., probation, suspension or dismissal.

It is Malone’s desire to respect the integrity of a student who has initiated a request for help. Therefore, the Growth Initiative is designed to provide support as an alternative to responding with punitive discipline. It should be noted that in cases where behavior is repetitive, self-destructive, hazardous to others, or of significant legal issue, Malone may respond accordingly.

Depending upon the behavior in question, Malone reserves the right to require the person to enter a professional setting where adequate help is available. Also, it may be the case that, because of the nature of certain behaviors, specific consequences may be unavoidable even when a Growth Contract is initiated. A student leader, because of their community responsibilities, may be asked to take a leave from their leadership role while on a Growth contract.

The Office of Student Development is located on the upper level of the Randall Campus Center (Barn).

Malone University - Christ's Kingdom First