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A. DISCIPLINARY PROCESS

ºÚÁϳԹÏÍø±¬ÍøÕ¾’s student disciplinary process is cumulative, not progressive. This means that a student may receive a serious sanction as a result of their conduct, even if it is a first offense. Multiple or accumulated minor violations will likely result in a more serious sanction than a single underlying violation itself would ordinarily merit. Please see Sanctions for more information.

For information regarding ºÚÁϳԹÏÍø±¬ÍøÕ¾’s policy on reporting matters of student discipline, please see Reporting Student Disciplinary Record and Matters.

For matters involving Title IX, please see the ºÚÁϳԹÏÍø±¬ÍøÕ¾ College Title IX Policy.[1]

Accommodation Statement: Students with disabilities who believe they require a disability-related accommodation for a documented disability in order to participate in a disciplinary proceeding, must contact the Director of Student Accessibility, to request an accommodation.

Any question of interpretation or application of the student disciplinary process shall be referred to the Senior Vice President and Dean for Student Affairs for final determination.

The College retains the right to determine, in its sole discretion, if it will address a reported violation of the Code of Community Standards administratively and outside of the processes described in this Code of Community Standards when the safety of the College community is at risk, if there are extenuating circumstances involving the Parties, or if the Senior Vice President and Dean for Student Affairs, in consultation with appropriate administrators, determines it is in the best interest of the College community to do so. If the College alters the process set forth in this Code of Community Standards, it will contemporaneously communicate changes to the Parties.

1. Disciplinary Process Overview

The student disciplinary process typically begins with a written statement, such as a security report from the Office of Safety and Security or other written communication, referred to as a “complaint,” from a faculty or staff member to the Office of the Dean of Students, Office of the Dean for Student Affairs, or the Office of the Dean for Academic Affairs.

The Office of the Dean of Students is responsible for the administration of the student disciplinary process and shall review all written complaints. This review may take place in partnership with other College departments as deemed necessary or appropriate by the College. In some instances, the Dean of Students may direct the Office of Safety and Security, or an outside, neutral investigator, to conduct an investigation in order to gather more information before additional action is taken.

2. Process Options

After review, the College will determine, in its sole discretion, which of the following processes will apply:   

Social Code Violations: 

1. Educational Conversation 
2. Informal Hearing
3. Formal Hearing

Academic Honor Code Violations: 

1. Course Level
2. Formal Hearing

The Academic Honor Code Resolution Process can be found here. 

3. Investigations

Investigations by the Office of Safety and Security, the Office of the Dean of Students, other College department, and/or other designee of the College, should be regarded as sensitive and confidential. During an ongoing inquiry, a student may be instructed not to speak with anyone on campus about the investigation in order to preserve the integrity of the process. The Office of the Dean of Students maintains the ability to start, pause, re-start, or end an investigation at any time. This may result in a delay in a disciplinary process

4. New Information During a Process 

If information revealed or discovered during a process outlined in the Code of Community Standards indicates a separate alleged violation(s) of College Policy beyond the initial report, the Dean of Students or their designee, at their discretion, may either:  

1. suspend the current process and consider both the alleged potential violation(s) and the newly discovered alleged violation(s) at a later time or;  
2. continue reviewing the alleged violation under the current resolution process and review the newly discovered alleged violation(s) through another process at a later time. 

5. Timing

The College reserves the right to reasonably extend any timeframes outlined in the disciplinary process when, in its sole discretion, extenuating circumstances warrant such an extension. Extenuating circumstances may include, but are not limited to, the unavailability of parties or witnesses, the complexity of the case, or other factors that impede the timely resolution of the matter. Any such extension will be communicated to the involved parties as appropriate. Reasonable exceptions by the College to observe the time limits or other procedural requirements expressed in these procedures shall not constitute an abridgement of the rights of the parties.

6. Local, State, or Federal Law

College disciplinary proceedings may be initiated with a student charged with a violation of a law, or otherwise involved in legal proceedings, that is also a violation of the CCS without regard to the status of civil or criminal proceedings. The College may conduct disciplinary proceedings prior to, simultaneously with, or after civil or criminal proceedings, including disciplinary proceedings initiated by another institution during a student's study away. The College will typically take immediate action if the alleged law violation occurs while the student is participating in a College sponsored program or acting on behalf of the College. The College’s decision to pursue disciplinary proceedings under these circumstances may not be challenged.

7. Graduation and Revocation of Degree

In no circumstances will the College allow an impending graduation to compromise its disciplinary process. Conferral of a degree may therefore be postponed or deferred, if necessary, until proper resolution of charges. The applicable process, as determined by the College in its sole discretion, will be carried out within a reasonable timeframe. The College reserves the right to revoke a ºÚÁϳԹÏÍø±¬ÍøÕ¾ degree if, after a review, the College determines that the degree was awarded as a result of fraud, deceit, or academic dishonesty.

8. Publication of Precedent

The Office of the Dean of Students will publish relevant aggregate data regarding the charges and outcomes from prior Formal Hearings. The reported information should not identify specific individuals and/or participants, except when circumstances warrant release and only as allowed by federal or state law.

9. Revisions

The student disciplinary process may be amended, in writing, by the President or the President’s designee at any time. 

The Office of the Dean of Students, in consultation with the Conduct Review Board and other representatives from the student body, should conduct a review of the conduct codes and their administration on a regular basis. Representatives from the ºÚÁϳԹÏÍø±¬ÍøÕ¾ Student Government and the Conduct Review Board may recommend policy changes by meeting with the Senior Vice President and Dean for Student Affairs. 

10. Conduct Involving Multiple Students

For conduct violations involving a large number of students, who are not otherwise subject to the Group Disciplinary Process, the Office of the Dean of Students will review each individual student’s participation and role, and refer the individual student to the appropriate conduct response as described above. 

B. DEFINITIONS OF PROCEDURAL TERMS

The following procedural definitions apply to the disciplinary processes referenced above and to all policies contained within of the CCS except the ºÚÁϳԹÏÍø±¬ÍøÕ¾ College Title IX policy. For procedural definitions related to the Title IX policy, please visit the ºÚÁϳԹÏÍø±¬ÍøÕ¾ College Title IX Policy.

• ºÚÁϳԹÏÍø±¬ÍøÕ¾ College Community: Any current faculty, staff, administrator, or student.
  
  
• Calendar Days: All days on the calendar, including weekends, holidays, recesses, class days, and business days.
  
  
• Character Reference Statement: A written statement made by a current member of the ºÚÁϳԹÏÍø±¬ÍøÕ¾ College community provided during the hearing on behalf of the Respondent.
  
  A Character Reference may not be provided by members of the Office of the Dean of Students, Counseling Services, Health Services, Safety and Security, Conduct Review Board, or a witness or party to the matter. In matters involving Academic Dishonesty, the Character Reference may not be a faculty member (including lab instructors, visiting faculty, and adjunct faculty) from the academic department that originates the complaint.
  
  A Respondent is limited to a single character reference unless otherwise determined by the Presiding Chair.
  
  
• Charge Meeting: The meeting at which a Respondent receives notice of the alleged violations of College policy. Only the Respondent and the Conduct Officer may attend a charge meeting. In the case of a matter that is referred to a Formal Hearing, only the Respondent, Conduct Review Board Advisor, and the Respondent's dean (or dean designee appointed by the Office of the Dean of Students) may attend. Family members and guardians are not permitted to attend.
  
  
• Complaining Witness: An individual representing the office that alleges the violation(s) of the Academic Honor Code or Social Code by the Respondent. Complaining Witnesses must be a member of the ºÚÁϳԹÏÍø±¬ÍøÕ¾ Community. The Complaining Witness must submit a written complaint and any accompanying evidentiary support. In the event that a Complaining Witness is also a student, the student shall be afforded the rights as outlined in Section 3 General Hearing Guidelines for Student Parties above.
  
  
• Complaint: A written statement or report from a faculty or staff member of the ºÚÁϳԹÏÍø±¬ÍøÕ¾ community. A complaint may also be a written report from the Office of Safety and Security.
  
  
• Conduct Officer: A professional staff member from the Office of the Dean of Students, the Office of Residential Life, or the Office of the Dean for Student Affairs with the authority to address violations of the Code of Community Standards.
  
  
• Conduct Review Board: A fact-finding administrative body, composed of students and faculty, that conducts Formal Hearings involving allegations of student misconduct. The Conduct Review Board determines whether a student is responsible for violating the Code of Community Standards.
  
  
• Conduct Review Board Advisor (Hearing Advisor): The designate of the Office of the Dean of Students who advises the Formal Hearing process, either before the Board or before a single Presiding Dean, and is generally responsible for assuring the fairness and integrity of the hearing process.
  
  
• Dean of Students: The Dean of Students or their designee.
  
  
• Expert Witness: Any individual(s) who has expert knowledge that is relevant to the specific details of the case. The Respondent is entitled to call witnesses, but the Respondent is not entitled to call an Expert Witness. The Presiding Chair reserves the right to call a witness(es) not called by a party if the witness would assist the Board in its work, including an Expert Witness.
  
  
• Formal Hearing: A conduct hearing that typically takes place before the Conduct Review Board and Presiding Dean. In the discretion of the Dean of Students, if warranted based on the individual circumstances of a matter, a Formal Hearing may be conducted administratively before a single Presiding Dean who will act as both a finder of fact and the adjudicator of a sanction, if any. 
  
  
• Informal Hearing: An informal process to address a disciplinary matter that takes place before a Conduct Officer.
  
  
• Panel: A representative tribunal from the Conduct Review Board.
  
  
• Party or Parties: The Complaining Witness, the Respondent, or Respondents.
  
  
• Presiding Dean: The Dean of Students or designee in their capacity as adjudicator of a Formal Hearing.
  
  
• Respondent: Student(s) responding to the complaint of the alleged violation(s) of the Academic Honor Code or Social Code.
  
  
• Responsibility: A finding of “responsible” means that a student has been determined, by a preponderance of the evidence, to have violated the Academic Honor Code, the Social Code, or other College policy. A finding of responsibility will typically result in the outcome of one or more  sanctions.
  
  
• Sanction: The outcome from an Informal or Formal Hearing if a student is found responsible for violating College policy. One or more sanctions may be imposed. Please see Sanctions for more information.
  
  
• Senior Vice President and Dean for Student Affairs: The Senior Vice President and Dean for Student Affairs or their designee.
  
  
• Supporter: A current member from the ºÚÁϳԹÏÍø±¬ÍøÕ¾ College community who serves as a Supporter during a Formal Hearing. A Supporter may not be provided by members of the Office of the Dean of Students, Counseling and Wellness Services, Health Services, Safety and Security, Conduct Review Board, or a witness or party to the matter.
  
  The Supporter may be present with their respective party during the hearing and at related meetings outside the hearing, except for the Charge Meeting. In matters involving Academic Dishonesty, the Supporter may not be a faculty member (including lab instructors, visiting faculty, and adjunct faculty) from the academic department that originates the Complaint. A Supporter may not be a privately retained attorney.
  
  A Supporter may assist their party in preparing for the hearing and provide support throughout the process, from the initiation of a complaint through resolution.  A Supporter may not directly participate in the Formal Hearing nor speak on behalf of their party. They are present to support their party and not to act as legal counsel.
  
  The Presiding Chair or Presiding Dean may disallow a particular Supporter in cases where the Supporter might be a witness or where the Supporter’s presence, in the Presiding Chair or Presiding Dean’s sole determination, would be obstructive to the process.
  
  Parties are limited to a single Supporter unless otherwise determined by the Presiding Chair or Presiding Dean.
  
  
• Witness: Any individual(s) who can attest first-hand to the specific details of the case. The Complaining Witness and the Respondent are permitted to call up to three (3) witnesses each. If a party wishes to call more than three (3) witnesses, they must request permission in writing to the Presiding Dean and the Conduct Review Board Advisor. Witnesses are not permitted to ask questions of, or cross-examine any Complaining Witness, Respondent, Witness, and/or other individual participating in the hearing.
  
  
• Written Notice: Written notice outlining the charges against the Respondent, including the date, time, and place of a hearing, and the method of hearing (live or virtual).

 

[1] Cases of sexual misconduct that may not meet the regulatory definitions set forth in Title IX, may nevertheless violate the Social Code. Such cases will be evaluated and where appropriate, be handled as a Social Code violation. Matters involving ºÚÁϳԹÏÍø±¬ÍøÕ¾ students engaged in misconduct that otherwise meets the definition of “Sexual Harassment” under ºÚÁϳԹÏÍø±¬ÍøÕ¾’s Title IX Policy, but that is excepted from Title IX jurisdiction because of where the conduct occurred, shall be addressed using procedures identical to those set forth in the Title IX Policy.