Running head: INSTITUTIONAL RESPONSES TO LEGAL ISSUES

Institutional Responses to Legal Issues:

Finding Common Ground Across the Diverse Landscape of Higher Education
A.J. Giek, Mayra Sierra, and Leah Sadoian
Azusa Pacific University

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Institutional philosophies influence how a certain college or university shapes their
policies and procedures. Our group researched the policies and philosophies behind them for
three different institutions: Golden West College (GWC), Gordon College, and University of
Illinois at Urbana-Champaign (U of I). Each institution is presented with their specific policies
relating to alcohol use, sexual assault, and student judiciary procedures, along with philosophies
that may have impacted each institutional policy. Overall, these three different institutions reflect
various approaches to student care and development, and the vast landscape of higher education.
Golden West College or GWC, is a community college providing two-year associate of
arts degrees, and lower-division classes transferable to other colleges and universities. Golden
West is a medium sized institution, serving over 16,000 students a year, located in Huntington
Beach, CA with a unique multicultural student population and environment. GWCs policies
come out of a philosophy that values students learning and their individual rights.
In regards to sexual assault, GWCs Catalog (2015) has its policy on sexual assault
prevention BP3540 Title 1X. The institution recognizes that sexual assault is a serious issue, and
will not tolerate acts of sexual assault on district property or at district-sponsored activities
(258). The District will investigate all allegations of sexual assault and take appropriate criminal,
disciplinary or legal action, with prior consent of the victim. The Coast Community College
District (CCCD) is committed to its students safety as a vital ingredient to student learning and
success. The underlying philosophy behind sexual assault is based on its value on collaborative
climate which represents the foundation of its mission. Moreover, it is the intention of the CCCD
to provide a drug-free environment that maximizes academic achievement and personal growth.
The District recognizes that alcohol and other drug use or abuse poses a threat to the health,

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safety and well-being of the user and the people around them. State laws and the College Code
of Conduct specifically prohibit the use and possession, distribution or sale of drugs or alcohol
on college property or any college sponsored activity or event (260). The philosophy for alcohol
use is based on their vision, which is to provide a place for optimum teaching and learning. The
school does a well job in offering support to those students who at times fall under pressure to
consume alcohol or other related substances including educational classes, professional
evaluation and referrals.
Golden West Colleges purpose of the student grievance procedure is to provide an
impartial review process and to ensure that the rights of students are properly recognized and
protected (256). Stage one is the Informal Problem Resolution, which is when a student has a
complaint about an employee, and the student makes every effort to resolve the complaint. If the
complaint cannot be mutually resolved, then the student may file a written grievance. Stage two
is the Administrative Review of the Complaint. The College Grievance Officer will make an
inquiry into the merits of the complaint, to contact the parties concerned and then return a written
decision to the student, indicating the resolution with any recommended action. Stage three is the
Request for Review by the Grievance Hearing Committee. This happens if the grievant is
dissatisfied with the decision, he/she may file a written request to either the Dean of Student Life
or the Vice President of Instruction to review. Next, the Vice President shall review the report of
the Hearing Committee and will then have the time to either uphold, reverse, or modify the
recommendations. The philosophy for student grievance process is to make sure everyone gets
equal access and equity is another part of the institutions values. Hence they offer students the
process of grievance in order to make sure they are being heard and understood by the

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administrators. GWC stands in contrast to our faith-based institution, Gordon College, a private
Christian college located in Wenham, Massachusetts.
As Christian institution, Gordon stresses a commitment to integrating faith and learning.
Gordon Colleges enrollment is currently 1,736 undergraduate students and 343 graduate
students. Gordons policies are influenced by the Christian worldview they hold as an institution.
Gordon Colleges Student Handbook has an entire section devoted to policies and
information regarding alcohol and drug use. The main policy reads: Gordon College prohibits
the possession, use or distribution of alcohol or illegal drugs on Gordon College property. Use of
alcohol by underage students or abuse of alcohol by any student on or off campus is also a
sanctionable offense since underage drinking is a violation of state law, and abuse of alcohol is
considered conduct unbecoming of a Gordon student (Gordon College, 2015, 41). The rationale
for this policy points to Christian faith/beliefs, accountability for the stewardship of our bodies,
resources, and abilities, as well as concern with the physical, social, and personal effects of
alcohol abuse. The specific policy regarding alcohol use is very short, and there is much more
focus on why the policy exists, resources for students who are struggling with alcohol abuse, and
effects of alcohol consumption. The philosophy behind it is definitely faith-driven, but operates
out of a place of well-being for all students, not only spiritually, but mentally, emotionally, and
physically as well.
Gordon also treats sexual misconduct with the same level of accountability. Although
there is just a small section on Title IX in the student handbook, there is a separate 26 page
Sexual Misconduct Policy available for download on their website. This document provides a
detailed description of Gordons Title IX policies and information on the Title IX team, reporting

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policies and procedures, as well as the investigation process and resolution. In the introduction,
Gordons Christian community is used as an underlying philosophy to guide this policy.
Human beings, being created in Gods image, are endowed by God with dignity and
worth...given [this] foundation...Gordon College approaches issues of sex discrimination,
including sexual misconduct such as sexual harassment and sexual assault, stalking and
intimate partner violence, not just behaviors prohibited by applicable and federal law, but
as conduct that is antithetical to the scriptural values this community espouses. (Gordon
College, 2015, 4)
Gordon has found a balance in their philosophies, between honoring their Christian values and
compliance with federal law regarding sexual assault.
Gordons student disciplinary procedures are also outlined in the student handbook. The
introductory section states, the purpose, therefore, for accountability and discipline at Gordon is
to create an opportunity for change and growth in the life of the individual, and to create an
environment that is conducive to learning and is distinctively Christian (Gordon College, 2015,
32). The disciplinary process is similar to those at other institutions, with reporting,
investigation, hearings, appeals, and sanctions. Even though the outline for the disciplinary
process is very normal, the framework itself is viewed through a distinctly Christian lens.
Students are asked to develop a discipline of accountability within themselves and with others.
Members of the Gordon community are expected to share responsibility for each others
growth, to willingly express concern and to caringly confront one another. This type of
accountability is a necessary element of responsible biblical relationships in our

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community, including those among students, faculty and staff. (Gordon College, 2015,
33)
The large community aspect is deeply rooted in the faith community Gordon emphasizes,
reconciling important policies and procedures with their religious beliefs creating a unique
philosophy of student development within the judiciary process. Moving onto the University of
Illinois at Urbana-Champaign, we see how another institutions philosophies is by their defining
aspects, such as a large student body and academic focus.
The University of Illinois at Urbana-Champaign (U of I) is a four year, public, land grant
institution that has a high regard for research, strong teaching, and public engagement. There are
32,000 student on campus in central Illinois and the university has over 150 undergraduate
academic programs. There policies are set up in order to ensure that the reputation of the
institution is upheld while maintaining its place as the leading state university in Illinois.
The U of I has a clearly defined and lengthy alcohol policy that details how alcohol can
be distributed and sold at various events on campus. For all colleges within the university a
beverage administrator is appointed that must sign off on the distribution and use of alcohol for
each individual event. However, The University reserves the right to withhold approval of
possession, consumption, delivery, and sale or serving of alcoholic beverages from any event at
any time and for any reason deemed appropriate by the University (University of Illinois, 2012).
The U of I is a Big Ten school in college athletics. This means that they are dealing with a
number of school regulated functions that have alcohol available for sale on university grounds
and with the confines of a major campus event. They have strict regulations for these sales,
including that non-alcoholic options must be available for purchase.

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The U of I policy regarding sexual assault campus states that it complies with all Title IX
policies and that all questions that students may have regarding Title IX complaints and
investigations will be led by the Title IX coordinator on the campus. The policy states that the U
of I, is committed to providing a safe and welcoming campus environment free from
discrimination based on sex, which includes sexual assault, sexual exploitation, stalking, sexual
harassment, dating violence, and domestic violence (collectively referred to as sexual
misconduct) (University of Illinois, 2015). The policy goes on to say that it will handle all
complaints of sexual misconduct promptly and effectively. The definitions of each form of sexual
misconduct that are listed above are thoroughly stated explicitly and information for any
resources or submission of a formal complaint are to be directed to the Title IX Coordinator.
The student discipline process at the U of I applies to any student that has violated the
Student Code or that has violated the Academic Integrity policy. There processes of discipline is
a four article document that states that unless a case is likely to have a severe punishment,
outside of the federal or state court system, then it should be handled informally outside of the
official discipline procedure. If the student does face disciplinary procedure, their case is sent
to the campus Disciplinary Officer (DO). The DO is responsible for working with the student
and investigating the situation in order to determine if the student has made a violation. This DO
then creates a subcommittee that listens to the pre-hearing, and hearing information, before
deliberation and a final decision. This subcommittee is made up of the member of the Student
Committee of Student Discipline. Students have the right to appeal the subcommittee's decision
and to petition to remove members of the subcommittee (Office of Student Conduct Resolution,
2014).

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The goal of the U of I is to maintain its integrity and reputation as a leading research
institution in Illinois. The underlying philosophy behind its policies is to maintain this reputation
and to monitor all 32,000 students in a way that keeps the institution from legal and ethical harm.
The U of I puts its policies in place in an effort to protect itself from liability more than to
encourage student development and growth. Legal considerations and preventative measures are
of the utmost importance for this large university in order to maintain order and safety for all
students on campus. The goal is to keep themselves safe from potential legal ramifications and
less about developing student growth in a case of policy or student code violation. These three
institutions are consistent within themselves for their philosophies and policies, but differences
arise when compared with each other.
There are a variety of differences between these three institutions with their policies and
philosophies. Because Gordon is a religious school, their philosophies are influenced by their
Christian worldview. Gordons policies are supported by aspects of religious philosophy, for
example in their justification for a dry campus, they cite stewardship of their bodies, resources,
and abilities, while U of Is philosophy serves to keep the large campus body and institution safe.
Gordons approach to the student disciplinary process has the same framework as U of I and
Golden West, but their approach to accountability as a community-wide responsibility is also a
reflection of their Christian worldview. Overall, the policies and philosophies between the
institutions are not that different, but Gordons specific worldview changes the motivation and
justification for their policies outlined above, and the size of the institutions provided rationale
for their differences as well. As a group, our personal philosophy lines up most consistently with
the policies of Golden West College. GWC policies lie in the middle of the two extremes that are

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represented by the U of I and Gordon College. While we appreciate the faith based values of
Gordon and appreciate the structure of legal policies that are required to run a state university
such as U of I, GWC represents the balance of legal belief that is represented in our group. When
it comes to our groups three policies, alcohol use, sexual assault, and student judiciary
procedures, GWC represents the balance of legal protection and student development that is
indicative of our groups philosophy.
In conclusion, the changing landscape of higher education is evident. There are so many
different universities with a variety of policies and procedures that align with their specific
philosophies. However, finding common ground is still possible, and universities still strive to
care for and protect students during their time in college and beyond. Institutional responses to
legal issues may seem like just policies and rules, but underneath it all lies a deep sense of caring
and commitment to the students who call their college home.

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References
Golden West College Catalog (2015). Policies and standards. Retrieved from
http://catalog.goldenwestcollege.edu/wp-content/uploads/2015/02/20152016_gwc_catalog.pdf
Gordon College (2015). Gordon College sexual misconduct policy. Retrieved from
http://www.gordon.edu/sexualmisconductpolicy
Gordon College (2015). Student handbook 2015-2016. Retrieved from
http://www.gordon.edu/download/pages/Gordon%20College%20Student%20Handbook
%202014-2015%5B1%5D.pdf
Office of Student Conflict Resolution (2014). Student disciplinary procedures. Retrieved from
http://www.conflictresolution.illinois.edu/student_discipline/
University of Illinois (2015). Campus administrative manual: Sexual misconduct policy. (Section
IX/B 6). Retrieved from http://www.cam.illinois.edu/ix/ix-b/ix-b-6.htm
University of Illinois (2012). Campus administrative manual: Alcohol management policy.
(Section VIII 10). Retrieved from http://cam.illinois.edu/viii/viii-10.htm