Perhaps the saying, "Nothing good happens after midnight," is true after all.
That certainly seems to be the case when it comes to most violations of Ball State's conduct code.
With intoxicated students punching parked cars' side mirrors, marijuana possession, threats against police officers and Ball State hall directors, and sexual assault incidents, the Office of Student Rights and Community Standards deals with a variety of student misconduct.
Located in the basement of the L.A. Pittenger Student Center, the office is tucked at the end of a hallway. For a place that students often visit when they are in some sort of trouble, the office has a fairly inviting atmosphere.
Michael Gillilan, director of Student Rights and Community Standards, doesn't seem to mind explaining how his office operates to multiple people throughout the day. Besides conduct code violations, the office deals with grade appeals that go beyond the departmental level, reviews admissions applications for those who have a felony conviction and coordinates an emergency student loan program.
Before coming to Ball State in June, Gillilan was associate vice president of Student Affairs and dean of students at St. Cloud State University in Minnesota. He replaced David Fried, who is now the assistant to Kay Bales, Ball State's associate vice president for Student Affairs.
Gillilan has a few thick law books stacked on the small couch and shows off the one he's working his way through. It's about mental health challenges in law, which he said is becoming more prevalent in his line of work.
"This can be a somewhat complicated process," Gillilan said. "Most students do not necessarily read the Code of Student Rights and Responsibilities until they actually need to."
The reading doesn't begin until a student has an appointment with his office. The process begins when University Police Department, Indiana State Excise Police or Muncie Police Department reports are forwarded to the student rights office. The reports cover both on-campus and off-campus incidents.
Gillilan or another staff member reviews the report to determine if there was a conduct code violation. If the process moves forward, the student is called to the office to respond. He said most students take the informal route of accepting responsibility. If they move in that direction, they can appeal the imposed sanctions but not their plea. If the student says he or she is not responsible, a screening committee will determine what type of hearing will be held.
There are two types of hearings: administration and University Review Board. The committee refers to the URB if there is consideration of suspension or expulsion. As of Dec. 18, there were four administrative hearings and nine URB hearings during the Fall Semester, Gillilan said.
STUDENT INVOLVEMENT
Twelve students and 13 faculty and staff members make up the pool for the URB. Many have been a part of the board for multiple years. Four or five people are at each hearing, and two students must be selected for each URB hearing.
Whitney Hamblin, junior visual communication major, vice president for Student Government Association and one of the students on the review board, said the board acts as a "doctor" to try to fix a problem and keep it from happening again.
"It gives [us] the opportunity to have a hand in working to better Ball State," she said, "whether it be through removing students that should not be attending here or helping a student undergo the needed programs or counseling to help get them back on track."
Hamblin said she was part of two hearings during the Fall Semester.
"Sometimes it can be awkward, but that is kind of the point. We want these students to feel the awkward tension of having to sit in front of the panel and explain what they did or did not do," she said. "It helps them see the full picture of what really happened."
Involving students in the campus judicial system reflects a learning opportunity for the students, Gillilan said. They must be analytical, critical and appropriately empathetic.
"When you get to the point of saying, ‘Maybe this student shouldn't be a part of this community anymore,' I think it's very appropriate for that decision to be made by a group that represents that community, not just me," he said.
The URB is the only group that can make a recommendation for suspension, Gillilan said. Any appeals go to Vice President of Student Affairs Kay Bales or her designee for consideration.
Dillon Kimmel, senior public relations major and University Program Board vice president of marketing, is another student on the review board. He said he usually participates in three or four hearings each semester.
"If a student is being accused of something serious, it's going to make them a lot more comfortable to have a peer present," Kimmel said. "In many circumstances, we as students are able to offer a lot of insight that the administrators may not have that can change the perception of the case."
He said it can be tough to face students, agreeing with Hamblin that the hearings can sometimes be uncomfortable.
"Even if the material is difficult, it's important they not mince words because a lot can be at stake in some cases," he said. "We appreciate knowing all the facts so we can best decide on the case in question."
UNDERSTANDING THE PROCESS
Gene Burton, director of Public Safety at Ball State, said UPD has a two-fold role in the campus judicial system.
"First, we do a fair amount of initiating student disciplinary referrals to Dr. Gillilan," Burton said. "Then if there is a student hearing, we testify or provide a referral."
He said the only other time UPD might become involved is when a sanction involves a trespass warning against a suspended or expelled student.
Expulsion is rare. Suspensions typically last either a semester or a year. For 2009-10, there were nine suspensions and zero expulsions. The previous school year, there were 14 suspensions and one expulsion.
Nearly two-thirds of URB hearings for 2009-10 were for alcohol-related violations, according to documents obtained through the Indiana Access to Public Records Act.
Most were for minor consumption or possession, public intoxication or hosting a party where minors were served alcohol. Gillilan said alcohol violations are highest in the fall because they usually coincide with home football games and tend to drop off in January and February.
For 2009-10, there were 401 cases and 320 incidents. A case refers to an incident involving a specific person while an incident may include multiple people.
"I think you could look at every single possible violation in our code and consider it a continuum of behaviors," he said.
In regard to alcohol policy violations, an underage student walking around a residence hall floor with a beer would have vastly differing sanctions than an off-campus student hosting a 500-person, 20-keg bash.
"We're going to respond to that in a very different way," Gillilan said.
Possible sanctions include alcohol education referrals; disciplinary probation up to the lifetime of Ball State enrollment; a day-long campus seminar called Pride for Life; community service, commonly at the Muncie Mission or Late Nite; substance abuse assessments; and letters to parents or guardians. The URB, as well as Gillilan's office, considers a student's prior record, the nature of the violation, past precedent and the impact of the violation when determining sanctions.
Failure to complete the assigned sanctions can result in an additional violation of the code and referral back to the URB for additional punishment.
Tony Proudfoot, associate vice president for marketing and communications, said the university doesn't usually comment on the disciplinary process.
"There are times when we may confirm that a specific student or students unnamed are subject to the disciplinary process and that such a process is pending, in progress or complete," he said. "We do so only when we can ensure adherence to [the Family Educational Rights and Privacy Act]."
Some violations that take place within Recreation Services or Residence Life are dealt with by those offices, unless the possible code violation is severe or the student is a repeat violator. Academic dishonesty is dealt with by an academic ethics committee.
THE MOST DIFFICULT CASES
Along with the other offenses, the Office of Student Rights and Community Standards also tracks cases of sexual misconduct.
Gillilan said sexual misconduct could mean an assault by a stranger with a weapon, grabbing somebody's body part without permission or a variety of other offenses.
"I know that this semester we've adjudicated or are in the process of adjudicating either three or four of those, and those are difficult," he said. "Those are ones that usually, by the time it's all said and done, end up with the University Review Board. Those are the most complex cases we have."
Every case involving a Ball State student — no matter how severe or where it occurs — is considered by the Office of Student Rights and Community Standards for action. Regardless of whether the violation occurs on or off campus, Gillilan said he treats them the same.
"You're still a student across the street," he said.
Read More
Three Air Jam teams take home the win
October 12, 2012Nineteen teams shimmied, shook and flipped for a sold out John R. Emens Auditorium on Thursday night during the 25th annual Air Jam.
Bill Clinton Speaks at North Central High School
October 12, 2012Former President's Speech Could Have Effect on State Senate Race
