The Code of Conduct shall be used to address student behavior as referenced in this policy. The Code of Conduct applies to the conduct of individual students and College-affiliated student organizations or groups. The policy applies to any behaviors that take place at the College, in any of its online platforms, clinical sites, or at any College-related and approved activity, regardless of location.
Title IX or discrimination complaints are covered under different policies and procedures. For more information, please contact the College’s Title IX and ADA Coordinator.
Definitions
Accused Student: The student who is alleged to have violated the Student Code of Conduct Policy.
Administrative Resolution: A resolution of a complaint, which is mutually agreed upon by the Code of Conduct Officer (CCO) and the student. An administrative resolution shall result in a student waiving their right to a Student Board Hearing or Appeal.
College Appeals Officer: The College’s designated administrator responsible for reviewing appeals.
Code of Conduct Officer (CCO): The College’s designated administrator responsible for administering the Student Code of Conduct Policy.
Student Conduct Board: 3-5 members of the College community to conduct a hearing when it has been requested by the CCO or the accused student. The Student Conduct Board appoints a chair who is responsible for administering the hearing.
College Official: Any person employed or contracted by the College to perform administrative, instructional, or professional duties.
Disciplinary Offenses
- Abuse of the Conduct Process. Including but not limited to abuse, interference, falsification, and/or failure to comply with the College’s conduct process.
- Academic Misconduct. Acts of academic misconduct including but not limited:
- Cheating
- Fabrication
- Unauthorized collaboration
- Plagiarism
- Dependence upon the aid of sources beyond those authorized by the instructor
- Theft of materials such as tests, assignments, or other academic materials
- Violation of College’s Drug and/or Alcohol policies.
- Damage and Destruction. Damage, destruction, or defacement of College property or the personal property of others.
- Election Tampering. Tampering with the election of any College-recognized student organization.
- Extortion. Threat or the implicit threat of harm to a person’s safety, reputation, or property in order to obtain property, including information, from someone else without their consent.
- Failure to Comply. Failure to comply with the reasonable directives of College officials and/or law enforcement during the performance of their duties and/or failure to identify oneself to these persons when requested to do so.
- False Reports of Danger. False reporting of fire, bombs, other dangerous devices, or emergency situations.
- Falsification. Knowingly providing or possessing false, falsified, or forged materials, documents, accounts, records, identification, or financial instruments.
- Fire Safety. Violation of local, state, or federal laws, or campus fire policies.
- Harassment. Severe or pervasive actions, including, but not limited to written, electronic, voice, physical, or through third party, directed toward a specific individual, group or entity with the purpose or effect of unreasonably interfering with another’s work or education by creating an objectively hostile environment.
- Harm to Others. Causing physical harm or endangering the health or safety of any person.
- Hate Crimes. A hate crime as defined by state or federal laws, including but not limited to any criminal act to which a bias motive is evident as a contributing factor.
- Hazing. Hazing as defined by state or federal laws, including but not limited to any conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person.
- Interference with College Operations. Acting in a manner that interferes with or disrupts the normal and/or safe operation of the College, including the educational process.
- IT and Acceptable Use. Conduct resulting in a violation of the College’s Computer/Technology Acceptable Use policies.
- Marijuana. Use, possession, manufacture, or distribution of marijuana and marijuana products or accessories on campus or as part of any college-sponsored program.
- Prescription Medication. Abuse, misuse, sale, or distribution of prescription or over-the-counter medications.
- Public Exposure. Includes but not limited to: deliberately and publicly exposing one’s intimate body parts, public urination, defecation, masturbation, and/or other public sex acts.
- Rioting. Engaging in, or inciting others to engage in, harmful or destructive behavior that breaches the peace.
- Solicitation and Sales. Unauthorized solicitation and sales, requesting contributions, peddling or otherwise selling, purchasing or offering goods and services for sale or purchase, distributing advertising materials, circulars or product samples, or engaging in any other conduct relating to any outside business interest or for-profit or personal or professional economic benefit on college property or using college resources.
- Taking of Property. Intentional and unauthorized taking or possession of College property or the personal property of another, whether actual or attempted, including goods, services, and other valuables.
- Threatening Behaviors.
- Threat. Written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property.
- Intimidation. Intimidation defined as implied threats or acts that cause a reasonable fear of harm in another.
- Trademark. Unauthorized use, including misuse, of College or organizational names and/or images.
- Unauthorized Access and/or Entry. Unauthorized access and/or entry to any College building (e.g., misuse of keys or access privileges), unauthorized possession, duplication or use of means of access to any college building, or unauthorized entry including trespassing.
- Unauthorized Recording and Dissemination. Use of electronic or other devices to create and/or disseminate an unauthorized audio or video recording of any person(s) without the person’s prior knowledge or without the person’s effective consent.
- Violations of Law. Including arrest, pending criminal charges, or adjudication of any violation of state or federal laws not otherwise enumerated herein.
- Weapons. Possession of firearms, explosives, dangerous chemicals, or other dangerous weapon in violation of state or federal law.
- Other Policies. Violation of any College policies, rules, procedures, or regulations published in written copy or available electronically on the College’s website.
Student Code of Conduct Procedures
Step 1: Initiation of Student Conduct Process
The Student Conduct Process is initiated once a complaint of an alleged violation is received by the CCO. A complaint is defined as an allegation of a violation of the Code of Conduct, which is filed with or by the CCO. The CCO may act on a complaint of a potential violation whether a formal complaint form is completed or not. A complaint should be submitted online.
Step 2: Preliminary Inquiry
When the CCO files or receives a complaint alleging that a student has acted in a manner that may be in violation of the Code, the CCO may conduct a preliminary inquiry into the nature of the complaint, the evidence available, and the parties involved. The preliminary inquiry may lead to:
- A determination that there is no violation of the Code and therefore the process ends; or
- A determination that the alleged behavior constitutes a possible violation of the Code, resulting in a request to schedule an Administrative Resolution meeting with the CCO within five (5) days; or
- Further investigation is needed to make a determination.
Step 3: Administrative Resolution
After a Preliminary Inquiry, the CCO will meet with the accused student to review the complaint and provide the accused student an opportunity to respond to the allegations.
The accused student has the right to be accompanied by any advisor of their own choosing and at their own expense. An advisor’s role is limited to advising the accused student directly and discretely. An advisor is not otherwise permitted to participate directly in the meeting.
The possible outcomes of an Administrative Resolution meeting include:
- The accused student and the CCO reach a mutually agreed-upon resolution to the complaint; or
- If no mutually agreed upon resolution is reached, the complaint is referred to a Student Conduct Board Hearing.
By accepting an Administrative Resolution, the accused student waives their right to a hearing before the Student Conduct Board or an appeal.
Failure by the accused student to appear for an Administrative Resolution meeting with the CCO will result in a disciplinary sanction of the accused student and forfeiture of their rights to a hearing or appeal.
Under certain circumstances during the Code of Conduct process, interim measures may be imposed by the CCO, including, but not limited to, no-contact orders, restriction/loss of privileges, or interim suspension, in a manner consistent with this Code.
Step 4: Student Conduct Board Hearing
- Overview
A hearing with the Student Conduct Board shall be scheduled by the CCO not later than thirty (30) days following a Student’s request for a hearing. If no hearing is requested, the hearing shall be scheduled by the CCO no later than thirty (30) working days from the date of the Administrative Resolution meeting.
A written Statement of Charges shall be presented to the accused not less than five (5) working days prior to the hearing. The Statement of Charges shall include a summary of the complaint, administrative or remedial steps taken, the Code of Conduct Charges, and the documentary evidence and witnesses to be presented in support of the Statement of Charges. A Student Conduct Board hearing is an administrative hearing. The rules of evidence do not apply.
In a matter involving more than one accused student, the Student Conduct Board may permit, at its discretion, individual hearings for each Student.
The accused student has the right to be accompanied by any advisor of their own choosing and at their own expense. An advisor’s role is limited to advising the accused student directly and discretely. An advisor is not otherwise permitted to participate directly in the hearing.
- Student Conduct Board Hearing Procedure
A hearing is normally conducted in private. There shall be a record created of all hearings. The record shall be the property of the College. All procedural questions are subject to the final decision of the Chair of the Student Conduct Board. Admission of any person(s) to the hearing shall be at the discretion of the Chair of the Student Conduct Board.
A hearing shall proceed as follows:
- The CCO presents the Statement of Charges on behalf of the College. The CCO may present documents, materials and/or witnesses in support of the Statement of Charges.
- The accused student responds to the Statement of Charges. The accused student may present documents, materials and/or witnesses in response to the Statement of Charges.
- Following the parties’ presentations, the Student Conduct Board may question each party, their witnesses and/or review all information presented. The Student Conduct Board has the discretion to request additional documents, materials or information from either party.
- While direct cross-examination by the parties is not permitted, each party will be given the opportunity to question the other by presenting questions through the Chair of the Student Conduct Board. If the Chair determines a question is relevant, the other party will be asked to respond.
- The Student Conduct Board shall have a final opportunity to question the parties.
- After the hearing, the Student Conduct Board shall determine by majority vote whether the Statement of Charges has been proven.
- A Student Conduct Board’s decision shall be based on a preponderance of evidence standard.
- Within fifteen (15) working days of the conclusion of a hearing, the Student Conduct Board shall issue a written decision outlining its findings and disciplinary action, if any, to the parties.
E. Step 5: Sanctions
An accused student found in violation of the College’s Code of Conduct shall be subject to one or more of the following sanctions:
- Verbal or written warnings
- Restrictions/loss of privileges
- Educational Sanctions
- Restitution
- Probation
- Suspension
- Expulsion
In addition, for academic misconduct, a faculty may issue no credit or partial credit for the assignment, test, or quiz or allow the student to redo the assignment.
A student who violates the Code of Conduct while serving an existing sanction shall be subject to further discipline, up to and including expulsion. The intent of the College is to impose sanctions in a progressive manner, beginning with the least punitive sanction. However, depending on factors such as the nature and severity of a student’s violation and/or prior disciplinary history, the College reserves the right to impose any sanction at any time.
F. Step 6: Appeal
Within five (5) working days of receiving a written decision, the accused student may file an appeal with the College’s Appeals Officer.
An appeal must be submitted in writing and be based on a credible claim that:
- The hearing was not conducted in conformity with the Code of Conduct;
- The decision was not supported by a preponderance of the evidence presented;
- The sanction imposed was not appropriate in light of the Student Conduct Board’s decision; or
- New evidence exists, which was not presented at hearing because it was not reasonably known to the accused student at that time, and which is sufficiently relevant such that it could alter the Student Conduct Board’s decision.
The Appeals Officer shall issue a written decision within ten (10) working days of receiving the appeal. The Appeals Officer may accept, reject, or modify the Student Conduct Board’s decision or sanction. The Appeals Officer’s decision shall be final.