Student Accountability Board (SAB)

Student conduct matters not decided in administrative hearings and that are of a more serious nature, such as violence against others, drug infractions, hate crimes, possession of weapons or other matters, including violations of state and federal law, may be referred to the Student Accountability Board. Students may also request a hearing before the Student Accountability Board.

This Board is comprised of one staff member, one faculty member and one student. The Associate Dean of Students/Director of Campus Involvement or designee is a permanent ex-officio member and serves as the SAB Administrator. The presiding officer shall be a faculty or staff member appointed by the members of the Board. Members serve a one-year term following their selection and ending on May 31st of the following year. The Faculty Council shall select faculty members. Other members shall be selected by the Associate Dean of Students/Director of Campus Involvement or designee from a group of administrators, staff, and students who are trained in Marietta’s conduct or student rights and responsibility processes.

Hearings Conducted by the Student Accountability Board

Student Accountability Board Hearings are conducted according to the following guidelines:

Students against whom the complaint is filed (respondents) shall be given notice of the pre-hearing date and the specific charges against them at least two (2) days in advance.
The complainant and the respondent shall be given notice of the formal hearing date at least five (5) days in advance.
The complainant and the respondent shall be given the opportunity to view all documents prior to their hearing or as information is presented to the Board.
The complainant and the respondent shall have the right to review members of the pool for the Student Accountability Board. If there is a member of the pool they wish to eliminate for consideration as a member of the Board, they must present significant and pertinent information that supports the request.
Hearings shall be conducted in private.
The complainant and the respondent have the right to be assisted by an advisor. The advisor shall be a College faculty or staff member, unless the hearing involves a Title IX case, in which instance the advisor may be an attorney. Parents/guardians of the complainant and the respondent are not permitted to participate in the hearing.
The complainant and/or the respondent is responsible for presenting their own case and, therefore, the advisor is not permitted to speak or participate directly in any hearings before the Board.
Pertinent records, exhibits, written statements and witnesses may be accepted as evidence for consideration by the Board at the discretion of the Board Administrator.
The Board examines all witnesses and both the complainant and respondent may request the Board to ask certain questions, which the Board, in its discretion, may elect to do.
All procedural questions are subject to the final decision of the Administrator of the Board.
After the hearing the Board shall determine, by a preponderance of evidence and majority vote, whether the respondent is responsible for each alleged violation of the Code.
In a Student Accountability Board hearing, a recording of the hearing will be made to ensure accuracy of all proceedings. The record shall be the property of the College and housed in the Office of Community Standards, Rights, and Responsibilities.
If the respondent fails to appear for a scheduled hearing, evidence in support of the charges shall be presented and considered by the Board.

Requests for Appeal of the Student Accountability Board

Requests for appeals of the Student Accountability Board are made to the Vice President of Student Life (or their designee) and are heard by the Appeals Board. Requests for appeals must be submitted by the complainant or the respondent in writing to the Vice President of Student Life within three (3) days of the mailing letter notifying the respondent of the findings and imposed sanctions. Failure to appeal within the allotted time will render the original finding and imposed sanctions final and conclusive. Timely submission of a request for appeal does not guarantee that the request will be granted.

Requests for appeal to the Vice President for Student Life must meet one of the following criteria:

Established administrative procedures were not followed that would have a significant impact on the outcome of the hearing.
New evidence that was not available or could not have been discovered through diligent investigation before or during the hearing that merits or warrants reevaluation of the case and that would have a significant impact on the outcome of the hearing.
The sanction(s) imposed were clearly disproportionate to the violation found. This criterion is only to be considered in cases where the sanction is suspension or expulsion.

Appeals Board

The Appeals Board shall be composed of one faculty member, one staff member, and one student selected by the Associate Dean of Students/Director of Campus Involvement or designee from a group of faculty, staff, and students who are trained in Marietta College’s disciplinary procedures. The Associate Dean of Students/Director of Campus Involvement or designee is a permanent ex-officio member and serves as the Appeals Board Administrator. On appeal, the Appeals Board may:

Affirm the finding and impose the sanctions of the Student Accountability Board.
Remand the case to the presiding officer of the Student Accountability Board to reconsider the Board’s finding or sanction or conduct a new Student Accountability Board hearing if one of the three appeal criteria is present.

If the case is remanded to the presiding officer of the Student Accountability Board, the Board will reconvene within three (3) days to review the matter and then report its findings to the Vice President for Student Life, who shall notify the complainant or respondent and appropriate College personnel by letter of the finding regarding the appeal.

A request for an appeal of the decision of the Appeals Board following remand must be filed in writing within two (2) days to the Vice President for Student Life. The request for an appeal must cite one or more of the appeal criteria listed above. Timely submission of a request for appeal does not guarantee that the request will be granted. The decision of the Vice President for Student Life is final.

Interim Disciplinary Procedures

In the event that the academic calendar prevents a timely hearing by the Student Accountability Board, the following procedure will be used. The investigation will occur and complaints will be resolved through the administrative hearing process, which allows for the Associate Dean of Students/Director of Campus Involvement or designee to hear and render a decision on the case. Requests for appeals of decisions made by the Associate Dean of Students/Director of Campus Involvement in these situations are heard by the Vice President for Student Life, or designee, whose decision in the matter is final.