Student Handbook and Code of Conduct 2022-2023

A. College as Convener

The College is the convener of every action under this code. Within that action, there are several roles. The respondent student is the person who is alleged to have violated the Code. The party bringing the complaint, who may be a student, employee, visitor, or guest, may choose to be present and participate in the process as fully as the respondent student. There are witnesses, who may offer information regarding the allegation. There is an investigator(s) whose role is to present the allegations and share the evidence that the College has obtained regarding the allegations.

1. Amnesty

a. For Complainants

The College provides amnesty to complainants who may be hesitant to report to College officials because they fear that they themselves may be accused of minor policy violations, such as underage drinking, at the time of the incident. Educational options will be explored, but no conduct proceedings or conduct record will result.[2]

b. For Those Who Offer Assistance

To encourage students to offer help and assistance to others, College pursues a policy of amnesty for minor violations when students offer help to others in need. At the discretion of the Coordinator of Student Conduct, amnesty may also be extended on a case-by-case basis to the person receiving assistance. Educational options will be explored, but no conduct proceedings or conduct record will result.

c. For Those Who Report Serious Violations

Students who are engaged in minor violations but who choose to bring related serious violations by others to the attention of the College are offered amnesty for their minor violations. Educational options will be explored, but no conduct proceedings or record will result.

Abuse of amnesty requests can result in a decision by the Coordinator of Student Conduct not to extend amnesty to the same person repeatedly.

d. Safe Harbor

The College has a Safe Harbor rule for students. The College believes that students who have a drug and/or addiction problem deserve help. If any College student brings their own use, addiction, or dependency to the attention of College officials outside the threat of drug tests or conduct sanctions and seeks assistance, a conduct complaint will not be pursued. A written action plan may be used to track cooperation with the Safe Harbor program by the student. Failure to follow the action plan will nullify the Safe Harbor protection and campus conduct processes will be initiated.

B. Investigation

The Coordinator of Student Conduct will appoint an investigator(s) for allegations under this Code of Conduct. [3] The investigator(s) will take the following steps, if not already completed by the Coordinator or designee:

1. Initiate any necessary remedial actions on behalf of the complainant (if any);

2. Determine the identity and contact information of the party bringing the complaint, whether that person is the initiator of the complaint, the alleged complainant, or a College proxy or representative;

3. Conduct an immediate preliminary investigation to identify an initial list of all policies that may have been violated, to review the history of the parties, the context of the incident(s), any potential patterns and the nature of the complaint.

a. If the complainant is reluctant to pursue the complaint, determine whether the complaint should still be pursued and whether sufficient independent evidence could support the complaint without the participation of the complainant.

b. Notify the complainant of whether the College intends to pursue the complaint regardless of their involvement, and inform the complainant of their rights in the process and option to become involved if they so choose.

c. Preliminary investigation usually takes between 2-7 business days to complete.

d. If indicated by the preliminary investigation and authorized by the Coordinator of Student Conduct, conduct a comprehensive investigation to determine if there is reasonable cause to believe that the respondent student violated College policy, and to determine what specific policy violations should serve as the basis for the complaint.

e. If there is insufficient evidence through the investigation to support reasonable cause, the allegations will be closed with no further action.

f. A comprehensive investigation usually takes between two days and two weeks.

4. Meet with the party bringing the complaint to finalize their statement, drawn up by the investigator or designee because of this meeting.

5. Commence a thorough, reliable and impartial investigation by developing a strategic investigation plan, including a witness list, evidence list, intended timeframe, and order of interviews for all witnesses and the respondent student, who may be given notice of the interview prior to or at the time of the interview.

Prepare the notice of alleged policy violation(s) on the basis of the reasonable cause determination, which may be delivered prior to, during or after the respondent student is interviewed, at the discretion of the investigator(s).

6. Interview all relevant witnesses, summarize the information they are able to share and have each witness sign the summary to verify its accuracy.

7. Obtain all documentary evidence and information that is available.

8. Obtain all physical evidence that is available.

9. Complete the investigation promptly by analyzing all available evidence without unreasonable deviation from the intended timeline.

10. Make a finding, based on a preponderance of the evidence (whether a policy violation is more likely than not).

11. Present the investigation report and findings to the respondent student, who may:
a. accept the findings,
b. accept the findings in part and reject them in part,
c. or may reject all findings;

12. Share the findings and update the party bringing the complaint on the status of the investigation and the outcome.

C. Notice of Alleged Violation

Any member of the College community, visitor or guest may allege a policy violation(s) by any student for misconduct under this Code by reporting it to the Office of Campus Safety or the Coordinator of Student Conduct.

Notice may also be given to the Coordinator of Student Conduct (or designee) and/or to the Title IX Coordinator, when appropriate. Additionally, administrators may act on notice of a potential violation whether a formal allegation is made or not. All allegations can be submitted by a complainant or a third party, and should be submitted as soon as possible after the offending event occurs. The College has the right to pursue an allegation or notice of misconduct on its own behalf and to serve as convener of the subsequent campus conduct process.

The Coordinator of Student Conduct (or designee) will assume responsibility for the investigation of the alleged violation as described in the sub-section below. The Technology Services Department is the designated contact for and principal investigator of copyright violation claims.

D. Findings

The following options (1-3) describe how to proceed depending on whether the respondent student is found responsible and whether the respondent student accepts or rejects the findings and/or the sanctions either in whole or in part.

1. The Respondent student is Found “Not Responsible”

Where the respondent student is found not responsible for the alleged violation(s), the investigation will be closed. The party bringing the complaint, if any, may request that the Title IX Coordinator and/or Coordinator of Student Conduct, as applicable, review the investigation file to possibly re-open the investigation or convene a hearing. The decision to re-open an investigation or convene a hearing rests solely in the discretion of the Title IX Coordinator or the Coordinator of Student Conduct in these cases, and is granted only on the basis of extraordinary cause.

2. The Respondent student Accepts a Finding of “Responsible”

Should the respondent student accept the finding that they violated College policy, the Investigator will recommend appropriate sanctions for the violation, having consulted with Coordinator of Student Conduct and/or Title IX Coordinator, as appropriate. In cases involving discrimination, recommended sanctions will act to end the discrimination, prevent its recurrence, and remedy its effects on the complainant and the College community. If the respondent student accepts these recommended sanctions, the sanctions are implemented by the Coordinator of Student Conduct and the process ends. There will be a three-day period for review between the date of acceptance and when the resolution becomes final. Should the respondent student decide to reject the sanctions within that time period, Option 2B, below, will apply. This outcome is not subject to appeal.

3. The Respondent Student Accepts a Finding of “Responsible” and Rejects the Sanctions Recommended.

If the respondent student accepts the “responsible” findings, but rejects the recommended sanctions, there will be an administrative conference on the sanction, only.

4. Respondent Student Rejects the Findings Completely

Where the respondent student rejects the finding that they violated College policy, a formal hearing will be convened within seven business days, barring exigent circumstances.

At the hearing, the investigator(s) will present their report to the panel, the panel will hear from the parties, and any necessary witnesses. The investigation report will be considered by the panel, which renders an independent and objective finding. Full panel procedures are detailed below.

If the panel finds the respondent student not responsible for all violations, the Coordinator of Student Conduct will expeditiously inform the parties of this determination and the rationale for the decision in writing. This determination is subject to appeal by any party to the complaint. Appeal review procedures are outlined below.

If the panel finds a violation, it will recommend a sanction/responsive action to the Coordinator of Student Conduct, who will confer with the Title IX Coordinator as necessary and, render a decision within 7 days of the hearing and timely notify the parties in writing. An appeal of sanction(s) may be filed by any party to the complaint as detailed below.

5. Respondent student Accepts the Findings in Part and Rejects in Part

Where the respondent student rejects in part the finding that they violated College policy, there will be a panel hearing solely on the disputed allegations within seven days, barring exigent circumstances. For all findings holding a respondent student responsible for a violation, the College will follow the sanctioning process detailed in sub-sections K(8) and K(9), below. If the Panel finds the respondent student “Not Responsible” on any of the contested allegations, the process will move to the Sanctioning Phase on only the uncontested allegations, as detailed in sub-section 14b below.

6. Special Hearing Provisions for Sexual Misconduct, Discrimination and Other Complaints of a Sensitive Nature

All hearings under this sub-section will be conducted by a three member administrative panel drawn from the panel pool. For sexual misconduct, discrimination and other complaints of a sensitive nature, whether the alleged complainant is serving as the party bringing the complaint or as a witness, alternative testimony options may be provided, such as placing a privacy screen in the hearing room or allowing the alleged complainant to testify from another room via audio or audio/video technology. While these options are intended to help make the alleged complainant more comfortable, they are not intended to work to the disadvantage of the respondent student.

The past sexual history or sexual character of a party will not be admissible by the other parties in hearings unless such information is determined to be highly relevant by the panel Chair. All such information sought to be admitted by a party or the College will be presumed irrelevant until a showing of relevance is made, in advance of the hearing, to the Chair. Demonstration of pattern, repeated, and/or predatory behavior by the respondent student, in the form of previous findings in any legal or campus proceeding, or in the form of previous good faith allegations, will always be relevant to the finding, not just the sanction. The parties will be notified in advance if any such information is deemed relevant and will be introduced in the hearing.

The party bringing any complaint alleging sexual misconduct, other behavior falling with the coverage of Title IX and/or a crime of violence will be notified in writing of the outcome of a hearing, any sanctions assigned and the rationale for the decision.

7. Notice of Hearing

Once a determination is made that reasonable cause exists for the Coordinator of Student Conduct (or designee) to refer a complaint for a hearing, notice will be given to the respondent student. Notice will be in writing and may be delivered by one or more of the following methods: in person by the Coordinator of Student Conduct (or designee); mailed to the local or permanent address of the student as indicated in official College records; or emailed to the student’s College-issued email account. Once mailed, emailed and/or received in-person, such notice will be presumptively delivered. The letter of notice will:

a. Include the alleged violation and notification of where to locate the Code of Student Conduct and College procedures for resolution of the complaint; and

b. Direct the respondent student to contact the Coordinator of Student Conduct (or designee) within a specified period of time to respond to the complaint. This time period will generally be no less than two days [4] from the date of delivery of the summons letter.

A meeting with the Coordinator of Student Conduct (or designee) may be arranged to explain the nature of the complaint and the conduct process. At this meeting, the respondent student may indicate, either verbally or in writing, to the Coordinator of Student Conduct (or designee), whether they admit to or deny the allegations of the complaint.

8. Interim Action

Under the Code of Student Conduct, the Chief Student Affairs Officer or designee may impose restrictions and/or separate a student from the community pending the scheduling of a campus hearing on alleged violation(s) of the Code of Student Conduct when a student represents a threat of serious harm to others, is facing allegations of serious criminal activity, to preserve the integrity of an investigation, to preserve College property and/or to prevent disruption of, or interference with, the normal operations of the College. Interim actions can include separation from the institution or restrictions on participation in the community for no more than ten (10) business days pending the scheduling of a campus hearing on alleged violation(s) of the Code of Student Conduct. A student who receives an interim suspension may request a meeting with the Chief Student Affairs Officer or designee to demonstrate why an interim suspension is not merited. Regardless of the outcome of this meeting, the College may still proceed with the scheduling of a campus hearing.

During an interim suspension, a student may be denied access to College housing and/or the College campus/facilities/events. As determined appropriate by the Coordinator of Student Conduct, this restriction may include classes and/or all other College activities or privileges for which the student might otherwise be eligible. At the discretion of the Coordinator of Student Conduct and with the approval of, and in collaboration with, the appropriate Dean(s), alternative coursework options may be pursued to ensure as minimal an impact as possible on the respondent student.

9. Hearing Options & Preparation

The following sub-sections describe the College’s conduct hearing processes. Except in a complaint involving failure to comply with the summons of the Coordinator of Student Conduct (or designee), no student may be found to have violated the Code of Student Conduct solely as a result of the student’s failure to appear for a hearing. In all such instances, conduct hearings will proceed as scheduled and the information in support of the complaint will be presented to, and considered by, the Coordinator of Student Conduct, AHO or panel presiding over the hearing.

Where the respondent student admits to violating the Code of Student Conduct, the Coordinator of Student Conduct (or designee) may invoke educational conference procedures to determine and administer appropriate sanctions without a formal hearing. In an educational conference, complaints will be heard and determinations will be made by the Coordinator of Student Conduct or designee.

Where the respondent student denies violating the Code of Student Conduct, a formal hearing will be conducted. This process is known as a panel hearing. At the discretion of the Coordinator of Student Conduct (or designee), a request by one or more of the parties to the complaint for an educational conference may be considered. Students who deny a violation for which a panel hearing will be held will be given a minimum of four days to prepare unless all parties wish to proceed more quickly. Preparation for a formal hearing is summarized in the following guidelines:

a. Notice of the time, date and location of the hearing will be in writing and may be delivered by one or more of the following methods: in person by the Coordinator of Student Conduct (or designee); mailed to the local or permanent address of the student as indicated in official College records; or emailed to the student’s College-issued email account. Once mailed, emailed and/or received in-person, such notice will be presumptively delivered. If a student conduct hearing is scheduled, the respondent student will be informed of the alleged violation(s), the date(s), time(s), and location(s) of the alleged violation(s), and a summary of the action which led to the alleged violation(s). Notification of the alleged violations against the respondent student will also include, but not be limited to, the following information:

b. The date, time, and location of the hearing.

c. The members of the All-College Student Conduct Board. The respondent student will be provided with the names of the hearing body members prior to the scheduled hearing, except in cases involving emergency hearing body appointments. The respondent student has the right to challenge the inclusion of any member at least 24 hours prior to the scheduled hearing. The challenge must be in writing and be based on cause that clearly provides evidence of a conflict of interest, bias, pressure, or influence that could preclude a fair and impartial hearing. The Coordinator of Student Conduct will rule on all such challenges and his/her decision is final.

d. Information regarding student rights afforded the student prior to and during the hearing.

e. A student will be given a minimum of four calendar days’ notice prior to appearing before the All-College Student Conduct Board.

The respondent student and complainant may select an advisor to advise him/her at the conduct hearing. The advisor may consult and interact privately with the respondent student or complainant during conduct proceedings. The advisor is not permitted, however, to represent the respondent student or complainant.

The respondent student may waive in writing his/her right to a hearing and accept one or more sanctions as determined by the Coordinator of Student Conduct; however, the Coordinator of Student Conduct may refuse to honor the waiver and require a hearing. The sanction(s) will reflect the severity of the current alleged violations(s) against the student, as well as any previous disciplinary record. A student who waives his/her right to a hearing forfeits any right to appeal the sanction(s) as determined by the Coordinator of Student Conduct.

f. Students who are considered an immediate or substantial threat to themselves, others, and/or property may be issued an interim suspension by the Chief Student Affairs Officer .

g. If there is a complainant of the conduct in question, the complainant may serve as the party bringing the complaint or may elect to have the College administration serve as the party bringing the complaint forward. Where there is no complainant, the College administration will serve as the party bringing the complaint forward.

h. If a respondent student fails to respond to notice from the Coordinator of Student Conduct (or designee), the Coordinator of Student Conduct (or designee) may initiate a complaint against the student for failure to comply with the directives of a College official and give notice of this offense. Unless the student responds to this notice within two days by answering the original notice, an administrative conference may be scheduled and held on the student’s behalf. As a result, the student may be administratively withdrawn from attending classes or a disciplinary hold may be placed on their College account, deeming them ineligible to register for courses or College housing until such time as the student responds to the initial complaint.

i. At least three (3) days before any scheduled formal hearing, the following will occur:

• i) The respondent student will deliver to the Coordinator of Student Conduct (or designee) a written response to the complaint;
• ii) The respondent student will deliver to the Coordinator of Student Conduct (or designee) a written list of all witnesses for the College to call at the hearing;
• iii) The respondent student will deliver to the Coordinator of Student Conduct (or designee) all physical evidence the student intends to use or needs to have present at the hearing and will indicate who has possession or custody of such evidence, if known, so that the Coordinator of Student Conduct can arrange for its presence;
• iv) The party bringing the complaint will deliver to the Coordinator of Student Conduct (or designee) a written list of all witnesses for the College to call at the hearing;
• v) The party bringing the complaint will deliver to the Coordinator of Student Conduct (or designee) all items of physical evidence needed at the hearing and will indicate who has possession or custody of such evidence, if known, so that the Coordinator of Student Conduct can arrange for its presence;
• vi) The party bringing the complaint and the respondent student will notify the Coordinator of Student Conduct (or designee) of the names of any advisors/advocates who may be accompanying the parties at the hearing;
• vii) The Coordinator of Student Conduct (or designee) will ensure that the hearing information and any other available written documentation is shared with the parties at least two (2) days before any scheduled hearing. In addition, the parties will be given a list of the names of all the panelists in advance. Should any party object to any panelist, that party must raise all objections, in writing, to the Coordinator of Student Conduct immediately. Hearing officers will only be unseated if the Coordinator of Student Conduct concludes that their bias precludes an impartial hearing of the complaint. Additionally, any panelist who feels they cannot make an objective determination must recuse themselves from the proceedings.

10. Student Conduct Board Hearing Overview

a. Hearings will be conducted by the All-College Student Conduct Board on a case-by-case basis at the discretion of the Coordinator of Student Conduct. Hearings will be held according to the following guidelines, upon conclusion of which a decision will be tendered to the Coordinator of Student Conduct.

• i) The hearing will be held at least four (4) calendar days after notice is received by the respondent student and complainant.
• ii) The hearing will be conducted in private, with only the participants present.
• iii) The Student Conduct Board hearing is conducted by an impartial body composed of at least one student, one staff, and one faculty member.
• iv) In hearings involving more than one respondent student, the hearing may be held jointly or separately, at the discretion of the Coordinator of Student Conduct and/or the Title IX Coordinator, as appropriate.
• v) The complainant and the respondent student have the right to be assisted by an advisor. The parties are responsible for presenting their own information regarding the alleged violation and, therefore, advisor(s) are not permitted provide evidence in any hearing before the All-College Student Conduct Board.
• vi) The complainant and the respondent student will have the privilege of presenting witnesses subject to questioning by the parties, the All-College Student Conduct Board and/or the Coordinator of Student Conduct.
• vii) The hearing body will call appropriate witnesses to provide information in support of the alleged violation(s) if needed.
• viii) Pertinent records, exhibits, and written statements may be accepted as evidence for consideration by the All-College Student Conduct Board and/or the Coordinator of Student Conduct.
• ix) All procedural questions are subject to the final decision of the Coordinator of Student Conduct.
• x) After the hearing, the All-College Student Conduct Board will determine by majority vote whether the student has violated each section of the code that the student is alleged to have violated.
• xi) The All-College Student Conduct Board’s determination will be made on the basis of preponderance of evidence, which is defined as being more likely than not that the respondent student has violated the code.
• xii) There will be a single verbatim record, such as a digital recording, of all hearings before the All-College Student Conduct Board. The record will be the property of the College.

11. Student Conduct Board Procedures

a. Presentation of Evidence – The following order of presentation will be followed in formal hearings:

• i) Opening statement by Coordinator of Student Conduct. This must include presentation of alleged violation(s).
• ii) Statement of complaint by complainant or Coordinator of Student Conduct.
• iii) Presentation of witnesses and/or evidence supporting the alleged violations(s), including questions directed to the witnesses.
• iv) Statement of the respondent student.
• v) Presentation of witnesses and/or evidence by the respondent student, including questions directed to the witnesses and follow- up questions directed to the respondent student.
• vi) Closing statement by complainant.
• vii) Closing statement by respondent student.
• viii) The Coordinator of Student Conduct brings hearing to closure.
• ix) The Coordinator of Student Conduct will have the final decision on what evidence may be presented and the tone/format of the questioning, and may place limits on length of testimony at any time.

b. Deliberation

• i) The All-College Student Conduct Board will decide in closed deliberations if a preponderance of the evidence exists that the respondent student violated the stated provision(s) of the Student of Code of Conduct.
• ii) Deliberation is not part of the hearing; no verbatim record will be kept and no witnesses will be present.
• iii) The hearing body’s determination of “in violation” or “not in violation” will be based solely on the information presented at the hearing using the standard of “preponderance of evidence.”
• iv) Prior records of disciplinary action and complainant impact statements are considered by the hearing body only in the sanctioning phase of deliberations, except in the case of pattern evidence of sexual misconduct.
• v) A formal decision email and letter will be sent to the parties within ten (10) calendar days of the conclusion of the hearing body’s deliberation.

c. Sexual Misconduct (See Article VI for conduct board procedures)

12. Violation of Law and College Discipline

If a student is charged with an off-campus violation of federal, state, or local laws, disciplinary action may be taken and sanctions imposed for misconduct which demonstrates flagrant disregard for the College community.

a. Proceedings under this student code may be carried out prior to, simultaneously with, or following civil or criminal proceedings.

b. When a student is charged by local, state, or federal authorities with a violation of law, code, or ordinance, the College will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also the subject of a proceeding before a conduct body under the student code, however, the College may advise off- campus authorities of the existence of the student code and of how such matters will be handled internally. The College will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and with the conditions imposed by criminal courts for the rehabilitation of student violators. Individual students and faculty members, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

13. Conflict Resolution Options

The Coordinator of Student Conduct has discretion to refer a complaint for mediation or other forms of appropriate conflict resolution. All parties must agree to conflict resolution and to be bound by the decision with no review/appeal. Any unsuccessful conflict resolution can be forwarded for formal processing and hearing; however, at no time will complaints of physical sexual misconduct or violence be mediated as the sole institutional response. The Coordinator of Student Conduct may also suggest that complaints that do not involve a violation of the Code of Student Conduct be referred for mediation or other appropriate conflict resolution.

a. Mediation

All cases processed through the Office of Student Conduct are not required to go through formal hearings or informal resolution meetings. Mediation is a learning process which entails understanding and respecting the rights of others. It is an informal and confidential process to resolve minor conflicts, disputes, or disagreements without going through formal conduct proceedings.

Mediation cases may not be identified or filed as a conduct case. Mediation records will be maintained in a file and database separate from conduct files, and will not be recorded or reported as part of a student’s record. All mediation files are confidential and will not be released without written consent, except in cases where the conduct or behavior is a repeat offense. In repeat cases, this information is only released to the hearing officer or committee conducting a formal hearing, and only used if found responsible for a violation of the Student Code of Conduct.

Alleged violations of the Student Code of Conduct which the College believes to be serious in nature are not subject to the mediation process. Such serious violations can include, but are not limited to: sexual misconduct, endangerment, physical assault, hazing, harassment, illegal drugs, alcohol, weapons, or certain violations of local, state, and federal laws.

Mediation files are expunged after a student graduates or after four (4) years after the date of the incident, whichever comes first. A request to have a mediation file expunged prior to this time must be sent in writing. The other person(s) involved in the case must agree, through signed consent, to the expungement of the file. The Chief Student Affairs Officer reserves the right to deny any request for the expungement of a file prior to graduation or the 4-year time frame.

14. Sanctions

a. Any of the following sanctions may be imposed on a student, a group of students, or a student organization. Violations of the Student Code of Conduct may result in one or more of the following sanctions:

• i. Warning – A notice in writing to the student that the student is violating or has violated the Student Code of Conduct or other College policies or regulations.
• ii. Probation – Probation is for a designated period of time and includes the deferment of more severe disciplinary sanctions. If the student is found to be violating any College policies or regulations during the probationary period, more severe disciplinary sanctions will be automatically applied by the Coordinator of Student Conduct.
• iii. Loss of Privilege – Denial of specified privileges for a designated period of time.
• iv. Restitution – Full payment for the cost of material(s) and labor for repair or replacement of damaged, destroyed, stolen property, etc.
• v. Fines – Monetary sanction for violations.
• vi. Educational Sanction – An assignment such as a public presentation and/or researched paper on a designated topic.
• vii. Formal Apology – A written and/or verbal expression of one’s regret, remorse or sorrow for having insulted, failed, or injured or wronged another.
• viii. Community Service – A specified number of service hours performed by the student.
• ix. Social Suspension – A separation of the student from all non- academic activities and functions for a specified period of time.
• x. Social Expulsion – The permanent separation of the student from all non-academic activities and functions.
• xi. Residence Hall Warning – A notice in writing that a student will lose housing privileges and be suspended from the residence halls if the student is found in violation of another major violation of the Student Code of Conduct.
• xii. Residence Hall Suspension – Separation of the student from any of the residence halls and immediate vicinity of any of the residence halls for a definite period of time, after which the student is eligible to return. Residence hall suspension prohibits visitation within the residence halls. Students placed on residence hall suspension are not eligible for any housing refunds and are responsible for paying any outstanding charges during this time.
• xiii. Residence Hall Expulsion – The permanent separation of the student from the residence halls and in the immediate vicinity of any College residence hall. Residence hall expulsion results in permanent revocation of visitation rights. Students placed on residence hall expulsion are not eligible for any housing refunds and are responsible for paying any outstanding charges during this time.
• xiv. College Suspension – The separation of the student from the entire College and all College premises for a specified period of time or until certain conditions are met as specified by the College. College suspension will result in administrative withdrawal from courses and immediate removal from the residence halls, pending appeal. Students who are suspended are not eligible for any housing refunds and are responsible for paying any outstanding charges during this time.
• xv. College Expulsion – The permanent separation of the student from the entire College and all College premises. College expulsion will result in administrative withdrawal from courses and immediate removal from the residence halls, pending appeal. Students who are expelled are not eligible for any housing refunds and are responsible for paying any outstanding charges during this time.
• xvi. Lowering of Grade or Failing Grade – a reduction of a grade for a paper, assignment, quiz, exam, project, etc., or a reduction of the grade for a particular course.
• xvii. Any other type of sanction(s) at the discretion of the Coordinator of Student Conduct.
• xviii. Penalties for copyright violations escalate from a fine to expulsion, based on the number and scope of offenses. Devices for which copyright violations received may be subjected to intensified monitoring and/or disconnection from College network services.
• xix.

b. Proof of sanction(s)

Proof of completion must be provided to the Coordinator of Student Conduct by the specified deadline date given to the student at the end of their informal/formal meeting or following the All-College Student Conduct Board hearing. It is the responsibility of the respondent student to ensure that proof of completion is provided by the specified date. Failure of the respondent student to provide proof by the specified date will result in a violation of noncompliance and lead to further sanctions and fines.

NOTE: Disciplinary sanctions will not be recorded in the student’s permanent transcript, but will become part of the student’s educational record, which is maintained privately in accordance with the Family Educational Rights and Privacy Act.

Upon graduation, a student may petition the Chief Student Affairs Officer to have disciplinary actions other than residence hall expulsion, College suspension, or College expulsions expunged from the student’s educational record.

15. Interim Suspension

Interim suspension will be imposed:

• i. to ensure the safety and well-being of members of the College community or preservation of College property;
• ii. to ensure the student’s own physical or emotional safety and well-being; or
• iii. to prevent disruption or interference of the normal operation of the College where a student poses a specific identifiable threat.

During the interim suspension, students may be denied access to:

• i. Residence halls
• ii. College premises (including classes)
• iii. College activities
• iv. Privileges for which the student might otherwise be eligible

Grounds for Interim Suspension

• i. In situations where the Chief Student Affairs Officer has reasonable cause to believe a student presents an immediate threat or danger to the health, safety, or general welfare of the campus community, an interim (temporary) suspension will be imposed. Immediate threats or dangers may include, but are not limited to, sexual assault, physical assault, hazing, possession of a firearm or explosives, or serious drug violations.
• ii. Interim suspensions will be imposed immediately upon determination that a student poses an immediate threat or danger to the health, safety, or general welfare of the campus community.
• iii. A student under interim suspension will not be allowed on campus except with the permission of the Chief Student Affairs Officer or the Coordinator of Student Conduct, unless a student is permitted full or limited continued academic access.
• iv. The respondent student will be provided information regarding his/her student rights and procedures used in a student conduct hearing. The terms of the interim suspension will be crafted to minimize the impact on the student’s academic progress as much as possible under the circumstances. The student may request a meeting with the Chief Student Affairs Officer to show cause why an interim suspension should not be imposed, or should be lifted. That determination lies in the sole discretion of the Chief Student Affairs Officer .
• v. Student organizations will be suspended by the Chief Student Affairs Officer (or designee) in circumstances involving actions related to that group that may affect the health, safety, or general welfare of its members or the College community. This includes, but is not limited to, sexual misconduct, physical assault, hazing, possession of a firearm or explosives, or serious drug violations.

16. Appeal Requests
a. Decisions of the All-College Student Conduct Board or by the Coordinator of Student Conduct may be appealed to the Chief Student Affairs Officer within five (5) business days, as described immediately below;

b. Appeals must be in writing and must state the reasons for why an appeal should be considered. A written request must be submitted by the student to the Chief Student Affairs Officer within five (5) business days of the receipt of the hearing decision.

• i. The written request must state the reason(s) for appeal and the supporting facts.
• ii. Failure to describe the nature of the evidence in full detail in the appeal letter will result in the denial of an appeal.

c. Appeal considerations are limited to:

• i. Errors involving violations of the respondent student’s rights that substantially affected the outcome of the initial hearing. Appeals based on this consideration will be limited solely to a review of the record of the first-level hearing.
• ii. New evidence that was not available at the time of the original hearing and could have substantially affected the outcome. The nature of the evidence must be described in full detail in the appeal letter.
• iii. The severity of the sanction is substantially disproportionate to the nature of the offense or the student’s cumulative conduct record.
• If a first-level disciplinary action is not appealed, that decision becomes final.

17. Appeal Review

a. The Chief Student Affairs Officer will review the written appeal, recording (if applicable), and documentation from the original hearing or meeting and determine if there is a basis for appeal.

b. If the Chief Student Affairs Officer determines there is no basis for appeal, the Chief Student Affairs Officer will notify the Coordinator of Student Conduct of his/her decisions. A written decision will be sent to the student stating appeal denial and basis for the denial.

c. If an appeal is granted, the Chief Student Affairs Officer will send the Coordinator of Student Conduct the decisions and/or changes to the sanction(s).

18. Appeal Decisions

a. The Chief Student Affairs Officer may uphold the first-level decision, may change it, or remand it for reconsideration and/or further investigation.

b. The Chief Student Affairs Officer may modify any sanction(s).

c. The decisions made regarding the appeal will be sent in writing to the student within ten (10) calendar days of an appeal review, unless notification is given that additional time is necessary for consideration of the record on appeal.

d. Decisions of the Chief Student Affairs Officer are final.

e. Except in the case of an interim suspension, all sanctions are typically placed on hold during the appeal process.

19. Interpretation and Revision

The Coordinator of Student Conduct will develop procedural rules for the administration of hearings that are consistent with provisions of the Code of Student Conduct. Material deviation from these rules will, generally, only be made as necessary and will include reasonable advance notice to the parties involved, either by posting online and/or in the form of written communication. The Coordinator of Student Conduct may vary procedures with notice upon determining that changes to law or regulation require policy or procedural alterations not reflected in this Code. The Coordinator of Student Conduct may make minor modifications to procedure that do not materially jeopardize the fairness owed to any party. Any question of interpretation of the Code of Student Conduct will be referred to the Chief Student Affairs Officer , whose interpretation is final. The Code of Student Conduct will be updated under the direction of the Coordinator of Student Conduct with a comprehensive revision process being conducted every 5 years. This Code creates no rights beyond the background laws which frame such codes generally.

20. Non-Compliance:

Students who fail to comply with final decisions or sanctions of a conduct body and/or the Coordinator of Student Conduct will result in the following penalties:

a. The Coordinator of Student Conduct will attempt to contact the student via email or letter to find out what is going on or set up another meeting to discuss the past due sanctions and establish a new timeline. If the student does not respond to any communications or if no progress on the past due sanctions is made within five (5) business days after the original deadline, the student will be found in violation of Failure to Comply / Non-compliance.

b. Once the student is found in violation of Failure to Comply / Non- compliance, additional sanctions and fines will be added to the past due sanctions at the discretion of the Coordinator of Student Conduct.

c. The student remains responsible for the completion of all original sanctions regardless of the additional sanctions or fines imposed.

d. Non-compliance with final decisions or sanctions of a conduct body or the Coordinator of Student Conduct result in automatic penalties and will not be scheduled for further conduct hearings on this issue.

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[2] Records regarding the provision of amnesty should be maintained.

[3] For any complaint that falls under Title IX (e.g. sexual misconduct) or involves any other form of discrimination, the Coordinator of Student Conduct will work under the supervision of the Title IX Coordinator.

[4] “Day”, used throughout this document, refers to normal business days Monday-Friday when the College is in operation.