Code of Conduct Disciplinary Process
The Disciplinary Process is initiated once a complaint is filed against a student by a member of the College community or by the CCA. This policy is not intended to prevent members of the College community from attempting to resolve matters informally. Failure to cooperate with the College’s investigation of an alleged Code of Conduct violation, including failing to appear for an Administrative Resolution meeting or a Judicial Board Hearing will result in discipline of the Accused Student by the CCA and a forfeiture of his/her rights to a hearing or appeal.
- All complaints under the Code of Conduct shall be filed with or by the CCA.
- When the CCA files or receives a complaint alleging that a student has acted in a manner which may be in violation of the Code, the CCA initiates the disciplinary process by meeting with the Accused Student, putting him/her on notice of the alleged violation and providing him/her an opportunity to respond to the allegations. The CCA may conduct further investigation if necessary. Under certain circumstances during the Code of Conduct process interim measures may be imposed by the CCA including, but not limited to: no-contact orders, restriction/loss of privileges, or interim suspension, in a manner consistent with this Code.
- If the CCA determines that a violation exists, three procedural options are available.
- Verbal or Written Reprimand – For low-level offenses, the CCA may issue a verbal or written reprimand to the Accused Student. Reprimands shall not be subject to a hearing before a Judicial Board or an appeal.
- Administrative Resolution – An Administrative Resolution is reached only upon the mutual agreement of the CCA and the Accused Student. By accepting an Administrative Resolution, the Accused Student waives his/her right to a hearing before the Judicial Board or an appeal. If the CCA and the Accused Student cannot agree on an Administrative Resolution the matter proceeds to a Judicial Board hearing. Failure by the Accused Student to appear for an Administrative Resolution meeting with the CCA will result in discipline of the Accused Student by the CCA and a forfeiture of his/her rights to a hearing or appeal.
- Judicial Board Hearing – When an Administrative Resolution cannot be reached, the CCA shall refer the alleged violation to a Judicial Board for a hearing. Please see Section 2 below for Judicial Board Hearing rules.
Judicial Board Hearing
- A hearing with the Judicial Board shall be scheduled by the CCA not later than thirty (30) days following an Accused Student’s request for a hearing. If no hearing is requested, the hearing shall be scheduled by the CCA no later than thirty (30) days from the date of the Administrative Resolution meeting.
- A written Statement of Charges shall be presented to the Accused Student not less than five (5) days prior to the hearing.
- A Judicial Board hearing is an administrative hearing. The rules of evidence do not apply.
- In a matter involving more than one Accused Student, the Judicial Board may permit at its discretion individual hearings for each Accused Student.
- The Accused Student has the right to be accompanied by any advisor of his/her own choosing and at his/her own expense. The advisor may be another student, faculty member, administrator or an attorney. The advisor may not otherwise be involved in the proceedings. An advisor’s role is limited to advising the Accused Student directly and discretely. An advisor is not permitted to participate directly in the hearing.
Conduct of Hearing
- 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 Judicial Board.
- Admission of any person(s) to the hearing shall be at the discretion of the Judicial Board.
- A hearing shall proceed as follows:
- The CCA presents the Statement of Charges on behalf of the College. The CCA may present documents, materials and/or witnesses in support of the Statement of Charges.
- Accused Student responds to the Statement of Charges. The student may present documents, materials and/or witnesses in response to the Statement of Charges.
- Following the parties’ presentations, the Judicial Board may question each party, their witnesses and/or review all information presented. The Judicial 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 Judicial Board. If the Judicial Board determines a question is relevant, the other party will be asked to respond.
- The Judicial Board shall have a final opportunity to question the parties.
- After the hearing, the Judicial Board shall determine by majority vote whether the Statement of Charges has been proven.
- A Judicial Board’s decision shall be based on a preponderance of evidence standard.
- Within fifteen (15) days of the conclusion of a hearing, the Judicial Board shall issue a written decision outlining its findings and disciplinary action, if any, to the parties.
A student found in violation of the College’s Code of Conduct shall be subject to sanctions, including but not limited to:
- Verbal or Written Reprimand
- Restrictions/Loss of Privileges
- Community Service
- Educational Sanction
A student who violates the Code of Conduct while serving any of the above sanctions 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 of the above-referenced sanctions at any time.
- Within five (5) days of receiving the Judicial Board’s decision, either the CCA or the Accused Student may appeal the Judicial Board’s decision to the College’s Appeals Officer.
- An appeal must be 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 Judicial 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 Judicial Board’s decision.
- The Appeals Officer shall issue a written decision within ten (10) days of receiving the appeal. The Appeals Officer may accept, reject or modify the Judicial Board’s decision or sanction.
- The Appeals Officer’s decision shall be final.