Complaint Resolution Process
The process to address alleged Student Code of Conduct violations has been established to provide the student with due process while ensuring the safety of the college community as a whole. This process is static and may change only when extreme unpredictable circumstances arise.
3.1 Informal Resolution Meeting
The Conduct Officer will request an initial meeting with the student in order to determine whether disciplinary charges should be initiated. The Conduct Officer will advise the student of the allegation(s), explain the student conduct process, and clarify the student’s rights and responsibilities. Every effort will be made to resolve the matter by mutual agreement. Following the preliminary meeting the conduct officer will take one of the following actions:
- If the student fails to appear, the Conduct Officer may find the student responsible and impose sanctions. The student will be notified of the sanction via his or her official college email address or certified mail. The student will be granted 15 business days to grieve the sanction.
- If there is no basis for the allegation or if it does not warrant disciplinary action, the Conduct Officer will dismiss the allegation.
The Informal Resolution Meeting and process are only applicable to the following conduct violations:
2.3.2 Acts of Dishonesty
2.3.4 Gambling
2.3.5 Reasonable Request
2.3.6 Theft of Computer Time/ Unauthorized Use of a Computer
2.5.5 Use of Tobacco Products
3.2 Formal Resolution Meeting
The Conduct Officer will request an official meeting with the student to notify the respondent (the student that the allegations were made against) of the allegations and to obtain the breadth of the incident that precipitated the alleged violation. Within five (5) business days of meeting with the respondent an official investigation will commence. Upon completion of the initial investigation, the Conduct Officer will make one of the following determinations:
- Summons a panel to provide due process to the respondent via a panel hearing.
- The Conduct Officer may also institute Interim Contact Restrictions
- Interim Contact Restrictions. In situations where a student is accused of a Code of Conduct violation which threatens the physical, emotional, or academic wellbeing of another member of the College community, the Student Conduct Officer may elect to issue an interim contact restriction between the respondent and the complainant or witnesses. These restrictions may limit communications between parties prior to completing an investigation and hearing
- Find that there is insufficient evidence to proceed to a panel hearing and dismiss the conduct violation allegation against the respondent.
3.3 Panel Hearing/ Due Process
Should it be found through the initial investigation that sufficient evidence exists to proceed with a formal hearing, the panel will be established, a date for the panel hearing will be set and all involved parties notified. This process will take place within five (5) business days of completing the initial investigation.
3.3.1. Student Conduct Hearing Panel. Student conduct panels are comprised of faculty, staff, and students. All faculty or staff designated as reserve members of student conduct panels receive annual training along with a manual for serving on a student conduct panel. Additionally, student participants receive training prior to serving on any panel.
3.3.2. Respondent Rights. Respondents in a Student Conduct proceeding have:
i. The right to receive notification of the alleged violation and the date, time and place of any conduct proceeding on the alleged violation
ii. The right to challenge the objectivity or fairness of any of the persons serving in a conduct proceeding. The decision to uphold any challenge made by the respondent rests with the Student Conduct Officer (or, as appropriate, the Title IX Coordinator).
iii. The right to introduce documents, to call witnesses, and present other evidence during a conduct proceeding. NOTE: The right to call witnesses is accompanied by the obligation to provide the name of and rationale for each witness, in writing, at least two business days in advance of a meeting or hearing to the Student Conduct Officer
iv. The right to be provided access to any information that may be used at a conduct proceeding. Access will be provided to such materials in advance of a meeting/hearing upon request to the Student Conduct Officer.
v. The right to pose questions of witnesses presented against the student at a student conduct proceeding. All questions posed by the respondent are to be directed towards the Student Conduct Officer during proceedings
vi. The right to not be compelled to be a witness against oneself or to have his or her silence taken as an indication of responsibility for a violation.
vii. The right to a decision of responsibility or not based on the preponderance of evidence and to be notified of such decision in writing.
viii. The right to be accompanied by an advisor of his or her own choosing. Advisors may only consult with the respondent and are not permitted to speak on the respondent’s behalf. Advisors acting out of order, as determined by the Student Conduct Officer, will be asked to leave the hearing/meeting.
ix. The right to request postponement of a disciplinary proceeding if circumstances warrant. In most cases, a postponement will only be granted due to an academically related commitment. The decision to postpone a conduct proceeding rests with Student Conduct Officer.
x. The right to appeal the decision of a conduct proceeding in accordance with Student Code of Conduct appeal procedures.
3.4 Sanctions, Appeals and Disciplinary Impact
Sanctions are penalties that are imposed upon a respondent student that, through due process, has been found to be responsible for a Student Code of Conduct Violation. Sanctions are divided into two categories, sanction applicable to an Informal Resolution Meeting and sanctions applicable to a Formal Resolution Meeting
3.4.1 In determining appropriate sanctions for violations of the Student Code of Conduct, consideration may be given to:
i. The nature of, severity of, and circumstances surrounding the violation.
ii. The student's or organization’s acceptance of responsibility.
iii. Conduct history of the student or organization.
ix. The impact of a sanction on a student or other students in the organization.
x. Previous cases involving similar conduct.
xi. Any other information deemed relevant by the hearing body or the Student Conduct Officer.
3.4.2 Types of Sanctions- Informal Resolution Meeting
Warning: A warning to the student that the behavior is unacceptable and that if the pattern of behavior continues, the student will face disciplinary action up to and including suspension from the college. Verbal warnings will be documented by the instructor or college official and included as evidence in the event of subsequent violations.
Reprimand: A written reprimand may be given any student. Such a reprimand does not restrict the student in any way, but it signifies to the student that he/she is, in effect, being given another chance to conduct himself/herself as a proper member of the College community, and that any further violation may result in more serious sanctions
Educational Assignment: Educational sanctions may include work assignments, essays, community service, participation in college-sponsored programs or activities, behavioral contract, alcohol and/or drug education and counseling, with a certified drug and/or alcohol counselor, and other related educational assignments.
3.4.3 Types of Sanctions- Formal Resolution Meeting
Formal Resolution Meeting sanctions include all Informal Resolution sanctions and the following additional sanctions:
Restitution: A student who has committed an offense against property may be required to reimburse the College or other owner for damage to or misappropriation of such property. Any such payment in restitution shall be limited to the actual cost of repair or replacement.
Restriction: A restriction upon a student’s privileges for a period of time may be imposed. This restriction may include, but is not limited to, denial of the right to represent the College in any way, denial of use of facilities, alteration or revocation of parking privileges, or restrictions from participating in extracurricular activities.
Disciplinary Probation: Continued enrollment of a student on disciplinary probation may be conditioned upon adherence to specified terms. Any student placed on disciplinary probation will be notified of the terms and length of probation in writing. Any conduct determined after due process to be in violation of these terms while on disciplinary probation may result in the imposition of more serious disciplinary sanctions, as specified by the terms of probation.
Disciplinary Suspension: If a student is suspended, he/she is separated from the College for a stated period of time. Conditions of reinstatement, if any, must be stated in the notice of disciplinary suspension.
Loss of Privilege: The withdrawal of a privilege, use of a service, participation in a program, event, or activity for a specific period of time. The loss of privilege may prohibit a student or student organization from participating in co-curricular or athletic activities, continuing a degree program, and/or prohibit a student from enrolling in a class or classes. This sanction may be imposed separately or in addition to any other sanction(s).