The purpose of a conduct proceeding is for the student conduct coordinator to assess whether it is more likely than not that a student is responsible for violating the Code of Conduct. Deviations from the outlined procedures may occur on occasion at the discretion of the student conduct coordinator, and will not invalidate a decision unless, in the sole discretion of the Dean of Students or their designees, a significant prejudice to a student or the college may result or has resulted. The college conduct process should not become excessively legalistic or adversarial. The student conduct coordinator will conduct proceedings in a manner that affords that accused student an opportunity to respond to the alligations and to present evidence relevant to the determination as to whether the Code of Conduct has been violated. The student conduct coordinator reserves the right to conduct proceedings in a manner deemed appropriate under the circumstances, and has sole discretion in interpreting and applying procedural requirements in conduct cases. The college reserves the right to modify these processes when determined appropriate under particular circumstances. Parties and their advisors may not act in a manner that disrupts or delays proceedings.
CHARGES
Normally, this may be accomplished by filing a report with public safety, completing and filing a residence hall incident report, meeting with a class dean, or submitting a photocopy of an official police report. Any charge should be submitted as soon as possible after the event takes place.
- The charges have no merit.
- The charges have merit and may be administratively settled by mutual consent of the involved parties on a basis acceptable to the student conduct coordinator. Such disposition will be final, and there will be no subsequent proceedings. (With the exception of sexual misconduct cases).
- The charges have merit and are appropriate for adjudication by the appropriate student conduct officer. These include:
- Most cases arising from policy violations in the residence halls and honor houses. Generally, adjudicated by area coordinators or other professional members of the residence life staff.
- Most cases arising from policy violations in areas other than the campus housing. Generally, adjudicated by one of the associate deans.
- The charges have merit but are not appropriate for the conduct process and will be handled administratively by other means.
The Title IX Case Manager will meet with the reporting party and discuss the possible campus options available.
PROCESS
The following process generally applies to a student in any college conduct proceeding.
If possible, notice is to be given within 60 class days of the alleged violation and at least five class days in advance of the deadline set for the adjudication meeting, with sufficient particularity as to the facts that the student may reasonably understand the charge and prepare for their meeting. Generally, an adjudication meeting will be held not more than 15 class days after the affected student has been notified. Deadlines and time limits may be extended at the discretion of the student conduct coordinator.
The complainant and the respondent are permitted to suggest to the student conduct coordinator who they believe should be questioned and questions which they believe should be asked of those persons. The conduct coordinator will have authority to determine which witnesses they call, which questions are asked, and which documents or other tangible evidence will be considered. Generally, all questioning of witnesses will be done by the conduct coordinator.
Unless that period is extended by the Dean of Students.
The student conduct coordinator may permit the meetings concerning each student to be conducted separately.
- Advisors should be chosen for their ability to understand the circumstances, assist a student with the process of preparing for a meeting, and guide the student through the process. The advisors role is to support a student in the conduct process.
- Advisors may confer with the student involved, but they do not actively participate in the meeting. The complainant and/or the respondent is responsible for presenting their own case and, therefore, advisors are not permitted to speak or participate in the meeting.
- Advisors do not represent the student. That is, information will be directly communicated to, released to, or accepted from involved students, not advisors. All information concerning any case may be made available to advisors with the written permission of the involved student.
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- The determination will be made on the basis of whether it is more likely than not that the student violated the Code of Conduct (a preponderance of the evidence). Rules of evidence as in a court of law do not apply.
- Any expense incurred in the conduct process is the responsibility of the individual student who incurred the expense.
This record will be the property of the college and generally will be maintained in the possession of the dean of students office for a period of seven years following the decision.
However, if properly notified of the date, time and location of the meeting failure of the respondent to participate will not result in the cancellation or postponement of that meeting. The meeting will be held in the absence of the respondent, unless that absence is excused by the Dean of Students. If you choose not to participate you may not appeal based on new information being available.
SANCTIONS
Students who choose to violate college policies should expect consequences. The following are examples and definitions of specific sanctions that may be imposed upon any student found to have violated the Code of Conduct. Other sanctions may be imposed as deemed appropriate in certain circumstances.
- Completion of an online education class.
- Disciplinary Probation – Probation is for a designated period of time and includes the probability of more severe conduct sanctions if the student is found to be violating any institutional regulation(s) during the probationary period.
- Participate in an educational program related to the incident.
- Restitution and/or apology to persons impacted. Restitution – compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.
- Behavioral contract – agreement between the student and student conduct coordinator with specific statement of expectations.
- Discretionary Sanctions – work assignments, service to the college, or other related discretionary assignments (such assignments must have the prior approval of the chief conduct coordinator).
- Fines – previously established and published fines may be imposed. In some instances, appropriate discretionary fines may also be imposed.
- Loss of Privileges – denial of specified privileges for a designated period of time.
- Other sanctions appropriate to the violation.
- Referral to appropriate college staff.
- At the conclusion of the process, confidential notification of parents, academic advisor, athletic coach, co- curricular program directors, personnel in the Smith Center for Global Engagement, and/or others as appropriate.
- Residence hall probation- further violation may result in reassignment of housing.
- Loss of Housing – Removed from on-campus housing.
- Disciplinary Probation – Probation is for a designated period of time and includes the probability of more severe conduct sanctions if the student is found to be violating any institutional regulation(s) during the probationary period.
- Co-curricular suspension – Students may not participate in athletics, club or intramural sports, music groups or organizations, clubs or organizations or social events sponsored by the college. In such instances, students may continue to attend class, labs, and study in the library; they may eat meals in the Cafeteria or Cage, and take care of normal administrative functions related to being a student.
- Other sanctions appropriate to violation.
- Chemical health screening or assessment.
- Residence hall reassignment, suspension or expulsion. Residence Hall Suspension – separation of the student from the residence halls for a defined period of time, after which the student is eligible to return. Conditions for returning may be specified. Residence Life Expulsion – permanent separation of the student from campus student housing. College refund policies apply.
- College Suspension – separation of the student from the college for a defined period of time, after which the student is eligible to return. Conditions for readmission may be specified. College refund policies apply.
- College Expulsion – permanent separation of the student from the college. College refund policies apply.
- Other sanctions appropriate to violation(s).
- Depending on the circumstances, Level I, II or III sanctions may be implemented at any time and in any order.
- More than one of the sanctions listed above may be imposed for any single violation.
- Suspensions may be of indeterminate length, depending on the severity of the violation.
- Sanctions are cumulative and may carry over from year to year.
- Other than college expulsion, conduct sanctions will not be made a part of the student’s permanent academic record, but will become part of the student’s confidential record. Confidential records are maintained permanently. Generally, records older than five years are not reported to outside sources.
- The following sanctions may be imposed on groups or organizations:
- Those sanctions listed above.
- The loss of the privilege to live in campus housing assigned based on student organization.
- Deactivation: loss of all privileges, including college recognition and student government funding for a specified period of time.