Code of Conduct

Preamble

Lycoming College is committed to the creation and maintenance of a living-learning environment which fosters the intellectual, personal, social, and ethical development of its students. Respect for the rights of others and self-discipline are essential for the fulfillment of these goals. This Code of Conduct is designed to explain the rights and responsibilities inherent in membership in this academic community. Students are encouraged to familiarize themselves with all applicable policies and regulations. Ignorance of policies regarding expected behavior will not be accepted as a defense or excuse. Violation of the norms of civility and other accepted rules of behavior, whether or not covered by specific regulations, subjects a student to disciplinary action. Lycoming students are expected to understand and live up to the highest expectations of an academic community.

General Provisions

Interpretation of Regulations

Student conduct regulations at the College are set forth in writing in order to give students general notice of prohibited conduct. The regulations should be read broadly and are not designed to define misconduct in exhaustive terms. Violations of the Code of Conduct shall be cause for action by the College up to and including suspension or expulsion, regardless of the action or inaction of civil authorities with respect to violations of the laws mentioned above.

Inherent Authority

The College reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community. The Bylaws of the College state that the President is responsible for the discipline of the College." The President of the College routinely delegates to the Vice President for Student Life and Dean of Students the task of policy development and adjudication of student conduct issues. Students are asked to assume positions of responsibility in the College student conduct system in in order that they might contribute their skills and insights to the resolution of student conduct cases. For the purposes of this Code, faculty, staff and students serving on student conduct boards are considered College officials. Final authority in student conduct matters is, however, vested in the College administration.

Jurisdiction

Generally, the College's jurisdiction and discipline shall be limited to conduct which occurs on Lycoming College premises or which adversely affects the College community and/or the pursuit of its objectives.

Parental Notification

The Vice President for Student Life and Dean of Students or designee has the authority to notify parents or guardians about possible violations of the Code of Conduct under the following circumstances:

  1. when students have authorized the College to release educational records to parents or guardians;
  2. when students are found to have committed any violation of the College's policies on illegal drugs;
  3. when students are found to have committed multiple violations of the College's policies on alcohol use;
  4. when students are involved in a student conduct violation that could result in suspension or expulsion from the College; or
  5. when students are facing a medical or psychological emergency.

Standards of the Adjudication Process

The purpose of the adjudication process is to determine whether, more likely than not, the evidence supports a finding that a conduct violation occurred and, if so, to assign a sanction(s). Factors to be considered by student conduct administrators and/or boards in determining a sanction include the record of the offender, as well as the nature of the offense and the severity of any damage, injury, or resultant harm.

Formal rules of evidence shall not be applicable, nor shall deviations from prescribed procedures necessarily invalidate a decision or proceeding unless significant prejudice to an accused student or the College may result.

Students subject to expulsion or suspension from the College where the facts are in dispute or the student does not accept the sanctions will be afforded a College-wide Student Conduct Board. Students subject to less severe sanctions will be entitled to an administrative hearing or a Community Standards Board hearing. Organizations accused of offenses will receive an Organizational Standards Board hearing. Students accused of sexual misconduct will be afforded a hearing by the Sexual Misconduct Board.

Violations of Local, State, or Federal Laws

Violations of local, state, or federal laws, even if not explicitly stated in the Code of Conduct, may subject the student to the student conduct process by the College. A student at Lycoming College charged with or convicted of a criminal act while off campus may also be subject to action by the College. In such a case, the student may be subject to suspension on an interim basis pending a hearing before the College-Wide Student Conduct Board.

Organization Offenses

Societies, clubs, fraternities and sororities, or similarly organized groups in or recognized by the College are subject to the same standards as individuals in the community. The committing of any offenses by such groups or the failure of any organized group to exercise preventative measures relative to violations of the Code by their members shall constitute an organizational offense. To be classified as an organizational offense, one (or more) of the circumstances listed below should be present:

  • The offense was conducted with the knowledge, authorization or approval of an executive officer of the organization;
  • Organizational or group funds were utilized to support the offense;
  • A significant number of organization members participated, supported, or were aware of the misconduct;
  • The misconduct occurred in an authorized organizational space (e.g., residence hall floor, floor lounge, chapter room, reserved College facility);
  • The misconduct occurred as a result of or during an organization sponsored function or activity; or
  • The misconduct was, by its nature, deemed to be an organizational offense by the Vice President for Student Life and Dean of Students or designee.

Both an individual and an organization can be held accountable for misconduct originating from one event or activity.

Definitions

When used in this code:

  1. "aggravated violation" means a more serious violation, typically a violation which resulted or foreseeably could have resulted in significant damage to persons or property or which otherwise posed a substantial threat to the stability and continuance of normal College or College-sponsored activities. A violation will be considered aggravated when it can be determined that 1) bigotry was the motive, 2) it was committed by a person under the influence of alcohol or illegal drugs, or 3) it occurred in connection with an actual or pending student conduct proceeding;
  2. "distribution" means sale or exchange for personal profit;
  3. "group" means a number of persons who are associated with each other and who have not complied with College requirements for registration as an organization;
  4. "organization" means a number of persons who have complied with College requirements for registration;
  5. "institution" and "College" mean Lycoming College;
  6. "student" includes all persons taking courses at Lycoming College, both full-time and part-time, degree-seeking or non-degree seeking. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the College are considered "students"
  7. "College premises" means buildings or grounds owned, leased, operated, controlled, or supervised by the College;
  8. "weapon" means any object or substance designed to inflict a wound, cause injury, or incapacitate, including but not limited to all firearms, pellet guns, switchblade knives, or knives with blades five or more inches in length;
  9. "College sponsored activity" means any activity on or off campus that is initiated, aided, authorized, or supervised by the College.
  10. "will" or "shall" are used in the imperative sense;
  11. "advisor" means an individual who has agreed to assist the accused student during a hearing conducted by a student conduct board or student conduct administrator. The advisor may be a faculty member, staff member, or Lycoming student. The role of the advisor shall be limited to advising the student. The advisor may not appear in lieu of the accused student or speak on his/her behalf;
  12. "complainant" means any individual who initiates a student conduct complaint or referral;
  13. "day" means normal College business day, not including Saturday, Sunday, or any officially recognized College holiday.
  14. "legal drinking age" means the threshold age to handle, possess, and/or consume alcohol required by any local, municipal, state, federal and/or national government which could assert jurisdiction over a student.
  15. "intoxicants" is defined broadly as abuse of any substance that is consumed and may alter or affect mood, behavior, and judgment.

Prohibited Conduct

The following misconduct exemplifies the type of behavior that is subject to the student conduct process:

  1. Academic Dishonesty

    The nature of violations, sanctions, and judicial procedures governing academic dishonesty are defined by the College's Policy on Academic Dishonesty and will be administered by the Provost.

  2. Behavior Which Jeopardizes the Safety or Well-being of Others

    This rule prohibits, but is not limited to:
    1. Use or threat of physical violence. This includes engaging in any form of fighting.
    2. Verbal abuse, threats, intimidation, harassment, coercion or other conduct which threatens or endangers the health, safety, or physical or emotional well-being of any person.
    3. Deliberate physical contact of a sexual nature (or threats or attempts thereof) which is against the person's will or without their consent or cognizance. Sexual misconduct may involve various forms of coercion or force and can occur when a victim is incapable of giving consent due to the influence of drugs, alcohol, emotional trauma, or other factors. Examples of sexual misconduct include, but are not limited to: (1) unwanted sexual contact such as fondling; (2) deliberate or reckless threats, actual or implied, of physical contact of a sexual nature that result in reasonable apprehension of a sexual misconduct or physical harm, or (3) coerced sexual activity which, in its most severe form, is manifested by any form of sexual penetration when consent was not freely given. For further information, see the Lycoming College Sexual Misconduct Policy in this manual.
    4. Unauthorized use or possession of any offensive weapon, firearm, fireworks, or projectile impelling device.
    5. Stalking behavior in which an individual willfully, maliciously, and repeatedly engages in a knowing course of conduct directed at a specific person which reasonably and seriously alarms, torments, or terrorizes the person, and which serves no legitimate purpose.
    6. Sexual harassment, which is defined as: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Sexual harassment occurs when (1) submission to such conduct is made a term or condition of employment or academic status, (2) submission to or rejection of such conduct is used as the basis for an employment or academic decision, or (3) such conduct has the purpose or effect of interfering with work or academic performance or creating an intimidating, hostile, or offensive working, educational, or social environment. For further information, see the Lycoming College Sexual Harassment Policy.
    7. Hazing, which is defined as: any action taken or situation created as part of initiation to or continued membership in a student group or organization which 1) produces or has the potential to produce mental or physical discomfort, harm, or stress; embarrassment; harassment; or ridicule; or 2) violates College policy, fraternity/sorority policy, or law. This applies to behavior on or off College or organization premises. Hazing can occur even when an individual consents to the activity. Hazing does not include actions or situations that are incidental to officially-sanctioned and supervised College activities. For further information, see the Lycoming College Hazing Policy.
    8. Aggressive behavior toward a College official.  See Aggressive Student Behavior Which Jeopardizes the Safety or Well-Being of a College Official.

  3. Violations of Fire and Safety Regulations

    This rule prohibits, but is not limited to:
    1. Intentionally initiating or causing to be initiated any false report, warning or threat of fire, explosion, or other emergency.
    2. The creation of a fire hazard, the endangering of the safety of persons or property through tampering with fire safety equipment; improper use and/or possession of flammable or hazardous substances; failure to follow proper emergency evacuation procedures; improper use of emergency equipment.
    3. Breach of security, which includes, but is not limited, to such behaviors as propping open a locked door, tampering with or removing an automatic door locking mechanism or door alarm, or possession and/or use of a College key when not specifically authorized.

  4. Disruption of College Programs or Activities

    This rule prohibits, but is not limited to:
    1. Intentionally or recklessly interfering with normal College or College-sponsored activities, including, but not limited to teaching, research, College administration, fire, police, or emergency services.
    2. Conduct that is disorderly, lewd, or indecent.

  5.  Misconduct Involving Alcohol

    This rule prohibits, but is not limited to:
    1. Use and/or possession of alcohol by persons not of legal drinking age.
    2. Use and/or possession of alcohol in any freshman living area, regardless of one's age. This restriction applies to all students of Lycoming College, their guests, and members of their families.
    3. Providing alcohol to a person less than the legal drinking age.
    4. Use and/or possession of alcohol in a student room when none of the room occupants are of legal drinking age.
    5. Use and/or possession of alcohol in any common area (e.g., lounge) except where parties have been registered (see Social Events Policy). Exceptions may be made by the Vice President for Student Life and Dean of Students  or the President of the College.
    6. Possession of excessive quantities of alcohol in apartments, suites, and/or individual rooms or by any one person. Excessive quantities is defined as but not limited to: kegs, beer balls, or similar bulk containers and is more than twelve (12) 12-ounce cans of beer, or a four-pack of wine coolers/malt beverages, or one liter of wine, or one fifth of a distilled beverage in any one person's possession.
    7. Use or possession of beer bongs, funnels, and similar products.
    8. Open, unconcealed alcohol containers in public areas, such as residence hall hallways or outdoors.
    9. Serving alcohol to intoxicated individuals.
    10. Impairment attributable to the consumption of alcohol that substantially interferes with student judgment and decision-making causes a disturbance, and/or requires the intervention of College personnel.
    11. Participating in drinking games.
    12. Consumption of grain alcohol.

  6. Misconduct Involving Illegal Drugs, Controlled Substances, or Other Intoxicants

    This rule includes, but is not limited to:
    1. Use of any controlled substance, illegal drug, or drug paraphernalia.
    2. Possession of any controlled substance, illegal drug, or drug paraphernalia.
    3. Unauthorized distribution or possession for purpose of distributing any controlled substance or illegal drug.
    4. Impairment, attributable to the use of illegal drugs, controlled substances, or abuse other of a substance that substantially interferes with student judgment and decision-making, causes a disturbance, and/or requires the intervention of College personnel.

  7. Theft or Property Damage

    This rule includes, but is not limited to:
    1. Theft of property or of services; possession of stolen property.
    2. Intentionally or recklessly destroying, damaging, or defacing College property or personal or corporate property.
    3. Misuse of College funds or resources.

  8. Acts of Dishonesty or Falsifying College Records

    This rule includes, but is not limited to:
    1. Intentionally furnishing false information to College personnel.
    2. Forgery, unauthorized alteration or unauthorized use of any College document or instrument of identification.
    3. Unauthorized recording of any conversation, electronic or oral, without the consent of all parties involved.

  9. Unauthorized Presence In or On College Property

    This rule includes, but is not limited to:
    1. Unauthorized presence in, or use of College premises, facilities or property, including telephones and computers; this also includes unauthorized presence in another student's room, any College building, or other College premises or property; unauthorized access or attempted access to any computer file, program, or facility, attempting to access College facilities when not authorized to do so; inviting, encouraging or admitting an unauthorized person to enter College facilities or property.

  10. Failure to Comply/Failure to Act

    This rule includes, but is not limited to:
    1. Failure to comply with the directions of College officials, and in a civil manner, including but not limited to campus security officers, student affairs administrators, resident assistants, faculty and staff members, and dining room employees in the performance of their duties.
    2. Being present when and where a violation of the Code of Conduct is occurring and failing to leave the scene or notify campus authorities that there is a violation(s) of the Code of Conduct taking place.
    3. Failure to appear before properly constituted governing boards, student conduct boards, student conduct administrators, conflict resolution hearing officers, or committees of the College.
    4. Knowingly violating the terms of any disciplinary sanction imposed in accordance with this Code.

  11. Affiliation with Unrecognized Groups

    This rule includes, but is not limited to:
    Affiliation in any manner with a student organization that has had its recognition revoked. This includes but is not limited to formerly recognized fraternities and sororities.

  12. Violation of Other Rules and Policies

    This rule includes, but is not limited to:
    1. Violation of published College regulations or policies. Such regulations or policies include but are not limited to the Computer Use Policy, the College Policy on Sexual Harassment, the Sexual Misconduct Policy, all Residence Hall Policies (which include room regulations and proper closing of residences during breaks and end of year checkouts), the conditions of the Housing Agreement that includes policies pertaining to visitation, alcohol, quiet hours, security, pets, keys, room capacity, health and cleanliness, as well as those regulations relating to entry and use of College facilities, use of motor vehicles, use of amplifying equipment, misuse of identification cards, and student organization policies.

The Student Conduct Process

Purpose

Student Conduct procedures have been established to guide the fair and uniform enforcement of the Code of Conduct. These procedures are applicable to any student or student organization charged with a violation of the Code of Conduct. These procedures are designed to allow for fact-finding and decision-making in the context of an educational community, and to encourage students to accept responsibility for their own actions. The intent is to provide adequate procedural safeguards to protect the rights of the individual student and the legitimate interests of the College.

Attorneys are not permitted to be present with students in the student conduct process without written permission of the Vice President for Student Life and Dean of Students. The Dean will grant permission only if the student is facing pending legal charges associated with the incident being adjudicated.

The College may utilize mediation or conciliation procedures in addition to these student conduct procedures in accordance with regulations adopted by the College.

Initial Complaint

  1. An individual may initiate a complaint by submitting a signed incident report or written referral to the Vice President for Student Life and Dean of Students, Department of Safety and Security, or Residential Life Office.
  2. The complaint must state sufficient facts, including the specific name(s), date, location, and description of the alleged act(s) of misconduct in sufficient detail to enable the Vice President for Student Life and Dean of Students  or designee to make a determination as to whether further fact-finding is necessary and/or if sufficient information exists for a hearing on the allegations of misconduct.
  3. In addition to the above, under exceptional circumstances, information from an anonymous source can be received and investigated, after which charges may be brought by College authorities.

Information Gathering

  1. The College shall make an initial determination as to whether there is a sufficient basis to believe that a violation of the Code of Conduct may have occurred. The Vice President for Student Life and Dean of Students or designee may decide to interview the complainant, accused, and/or other witnesses, or to request additional information from the complainant.
  2. If it is determined that there is a sufficient basis to believe that a violation of the Code of Conduct may have occurred, the information may be referred for a hearing. Notwithstanding the preferences of the student, the Vice President for Student Life and Dean of Students  or designee will decide the format in which it will be adjudicated, either through an administrative hearing, conflict resolution, or through one of the following hearing boards: College-Wide Student Conduct Board, Community Standards Board, Organizational Standards Board, or Sexual Misconduct Board. The accused may also have the opportunity to negotiate a settlement with the administrator investigating the case.
  3. The Vice President for Student Life and Dean of Students or designee shall notify the accused student in writing of the alleged violation.
  4. Members of the College community shall be expected to comply with any request or directive issued by the student conduct administrator in connection with a student conduct proceeding, unless compliance would result in significant personal hardship or substantial interference with normal College functions. Such circumstances should be presented to the student conduct administrator within twenty-four (24) hours of delivery of the request to appear.

Conflict Resolution

In some instances, interpersonal conflicts may arise where conflict resolution may prove to be an alternative to the student conduct process. The purpose of the conflict resolution process is to promote reconciliation or bring together parties who have a conflict for the purpose of resolving that conflict and effecting an agreement. This process also affords the opportunity for discussion of varying points of view and encourages individuals to come forward to seek means for informal conflict resolution and the prevention of inappropriate behavior. Any written agreement resulting from the conflict resolution process can be enforced through the student conduct system of the College. Parties to the agreement are responsible for upholding the terms of that agreement. The following applies to the conflict resolution process:

  1. Students or student organizations may bring to conflict resolution any conflict that materially and negatively impacts their own status or that of other members of the College community. Any member of the College community may, likewise, refer students for conflict resolution.
  2. Conflict resolution hearing officers include members of the Division of Student Affairs. Students or student organizations should contact the Office of the Vice President for Student Life and Dean of Students for a current listing of conflict resolution hearing officers.
  3. If conflict resolution is to be implemented, all parties in conflict must agree to the process as an option of resolving their dispute. Conflict resolution, when chosen as a means to settle conflict, must precede the judicial process. The judicial process, however, remains an option should conflict resolution prove unsuccessful.
  4. If a settlement is reached which is agreeable to all parties in conflict, the terms will be drafted by the conflict resolution hearing officer. The document will be signed by all parties, witnessed by the conflict resolution hearing officer and kept on file in the Office of the Vice President for Student Life and Dean of Students for as long as the students are enrolled. Each party receives a copy of the agreement or the student organization continues to be recognized.
  5. Details of the process are kept confidential except for a brief report from the conflict resolution hearing officer to any referring party and the appropriate administrator(s) that an agreement has been signed by the parties. The conflict resolution hearing officer will also report to the above parties if an impasse is reached and no agreement is forthcoming. This permits further exploration of other options for resolution of the conflict. If, however, a threat to the health, safety or security of any member of the College community becomes a concern to the conflict resolution hearing officer, he or she will inform the parties that appropriate authorities must be notified.
  6. Once an agreement has been finalized and signed, the option of bringing a charge through the student conduct process is open to either party who becomes convinced that a term of the agreement has been breached by a participant in that agreement. In order to proceed, however, individuals must be continuing students. A conflict resolution hearing officer must affirm that the violation has occurred and will then share the terms of the agreement with the appropriate student conduct administrator or student conduct board. Another option for the resolution of a breach of a mediated agreement is to resubmit the conflict for a second conflict resolution intervention. One party may request this, but all parties must agree. The revision or the redrafting of the agreement may be handled by the original conflict resolution hearing officer or may be referred to another conflict resolution hearing officer.

Administrative Hearings

The Vice President for Student Life and Dean of Students and/or designee(s) shall serve as the student conduct administrator. Administrative hearings are an option when information regarding the incident is not disputed and the student accepts responsibility for his/her actions. Accused students will be provided with the following:

  1. An explanation of the charges which have been made;
  2. A verbal or written summary of the fact finding investigation which has taken place;
  3. A reasonable opportunity for the student to reflect upon and respond on his/her own behalf to the charges;
  4. If the student acknowledges responsibility, the student conduct administrator will inform the student of the sanctions to be applied to the particular situation;.
  5. If the student acknowledges responsibility and accepts the sanctions, then the matter shall be concluded;
  6. If the student acknowledges responsibility but does not accept the sanctions, the matter shall be referred to an appropriate student conduct board.

Student Conduct Board Hearings

Rights of Accused Students in Student Conduct Board Hearings

The guiding principle of college regulations is to promote student responsibility and accountability. It is a firm belief of Lycoming College that students accused of a Code of Conduct violation resulting in a hearing should have certain rights. Those rights are as follows:

  1. The right to a hearing and an avenue for appeal;
  2. The right to be presumed not responsible until proven responsible;.
  3. The right to a timely hearing;
  4. The right to an advisor (not an attorney) selected from among currently enrolled Lycoming College students, staff, or faculty members. Victims or complainants may also have an advisor present in the event sexual misconduct or acts of violence are alleged (See Sexual Assault Policy);
  5. The right to call material witnesses from the College community (Material witnesses are those possessing direct knowledge of the case under consideration or those possessing direct knowledge of the case under consideration or those having technical or expert information relevant to the case.);
  6. The right to a separate hearing upon request unless the charge is brought as an organization offense;
  7. The right to question the accuser;
  8. The right to question any material witnesses or evidence;
  9. The right to challenge participation of a specific hearing board member;
  10. The right to plead not responsible without fear of being accused of lying in relation to that plea if proven responsible. However, failure to tell the truth or to intentionally mislead the hearing board or student conduct administrator will result in disciplinary action;
  11. The right to waive any of the above rights provided that it is done of the student's own free will.

General Provisions for Student Conduct Board Hearings

  1. In order to preserve the confidential nature of the student conduct process, and to protect the privacy of all parties, all hearings shall be closed.
  2. Formal rules of evidence shall not apply, although objections to the introduction of specific statements or documents may be considered by the presiding officer of the board. Irrelevant, immaterial, or unduly repetitious information shall be excluded. Evidence of prior misconduct shall be admissible only after a finding of responsibility on the charge(s) being addressed and may be used in the determination of sanctions.
  3. It is within the discretion of the presiding officer to audiotape record the proceedings, if deemed advisable.
  4. Material witnesses may be allowed to remain in the hearing following their testimony before the hearing board. The complainant may remain throughout the entire hearing.

Order of Presentation in Student Conduct Board Hearings

  1. The presiding officer introduces the board members.
  2. The presiding officer reads the complaint.
  3. The accused states "not responsible" or "responsible."
  4. The College or complainant then presents and opening statement and witnesses.
  5. Following the statement of the complainant and each of the witnesses, the accused and then the hearing board members can ask questions.
  6. After the College or complainant completes the presentation of his/her case, the accused student will have the opportunity to present an opening statement and call witnesses.
  7. Following the statement of the accused student and each of the witnesses, the College or complainant and then the hearing board members can ask questions.
  8. The complainant makes his/her closing statement.
  9. The accused makes his/her closing statement.
  10. The hearing then adjourns for deliberation by the hearing board.
  11. The hearing is concluded and the presiding officer should, at an appropriate time, deliver the decision of the hearing board verbally and in writing to the accused.

College-Wide Student Conduct Board

Cases referred to the College-Wide Student Conduct Board usually involve allegations for which a finding of responsibility could result in suspension or expulsion from the College. This may include serious first offenses, repeated violations, or incidents that occur while a student is on disciplinary probation.

Composition of the College-Wide Student Conduct Board

  1. The pool of student conduct board members shall be composed of at least fifteen (15) individuals including faculty members selected by the faculty; full-time students appointed by the Vice President for Student Life and Dean of Students; and administrative staff members appointed by the President.
  2. For a particular case, a hearing board shall be drawn from the College-Wide Student Conduct Board pool and will normally be composed of five members: two (2) faculty, two (2) students and one (1) administrative staff member. The Vice President for Student Life and Dean of Students or designee will function as a non-voting presiding officer of the board.
  3. The Vice President for Student Life and Dean of Students and Director of Residential Life, Director of Counseling Services, Director of Safety and Security and/or Student Life Coordinators shall provide orientation and training for all potential student conduct board members.

College-Wide Student Conduct Board Pre-Hearing Procedures

  1. Board members will be assigned to a case by the Vice President for Student Life and Dean of Students or designee based on their availability.
  2. The board, if at all possible, will be convened within fourteen (14) days following receipt of the request for a hearing by the Vice President for Student Life and Dean of Students.
  3. The Vice President for Student Life and Dean of Students or designee will prepare and send a written notice to the accused, under the best of circumstances, no fewer than five (5) days prior to the date set for hearing. The notice to appear shall be hand-delivered directly to the accused or sent by mail and shall include:
    1. A statement of the date, time, location, and nature of the hearing;
    2. A written statement of the charges specifying the allegations of misconduct in sufficient detail to enable the accused to prepare a response;
    3. Notice of the right to an advisor;
    4. Information about the electronic version of the student conduct procedures; and
    5. A list of the names of the board members selected to hear the case.
  4. At least two (2) days prior to the hearing, the accused shall be given:
    1. A lists of names of the material witnesses who may be called to speak at the hearing;
    2. Reasonable access to the evidence that will be used at the hearing.
  5. At least two (2) days prior to the hearing, the accused shall provide the Dean of Student Affairs or designee with any written documentation that will be presented at the hearing by the accused and the names and addresses of any material witnesses who may be called by the accused to attend the hearing. This will allow the Vice President for Student Life and Dean of Students  or designee to verify that the witnesses have been notified of the date, time, and location of the hearing.
  6. The accused student may challenge the presence of any member of the hearing board on the grounds of personal bias by submitting a written statement to the Vice President for Student Life and Dean of Students or designee no later than two (2) days prior to the hearing. The Dean or designee will then determine whether to sustain or deny the challenge. If the request is sustained, a replacement will be appointed to serve on the hearing board.
  7. The Vice President for Student Life and Dean of Students or designee ultimately will decide on the admissibility of all information to be entered into a student conduct board hearing.
  8. Members of the College community shall be expected to comply with any request or directive issued by the Vice President for Student Life and Dean of Students or designee in connection with a disciplinary proceeding, unless compliance would result in significant personal hardship or substantial interference with normal College functions. Such circumstances should be presented to the Vice President for Student Life and Dean of Students or designee within twenty-four (24) hours of delivery of the request to appear.

College-Wide Student Conduct Board Hearing Board Deliberations and Decisions

  1. Only the members of the hearing board may be present during deliberations.
  2. A simple majority of votes is necessary to make a decision of "responsible."
  3. A majority plus one (l) vote is necessary to make a decision to suspend, dismiss, or expel a student from the College.
  4. The hearing board shall render its decision and the Vice President for Student Life and Dean of Students or designee, as presiding officer, will notify the student.

Community Standards Board

Cases referred to this board are those for which a finding of responsibility would not result in suspension, dismissal, or expulsion from the College. The purpose of the Community Standards Board is to remind students of the expectations for membership in a college community. Sanctions may include but are not limited to: written reprimand, restitution, fines, compensatory service, educational activities, restriction of privileges, disciplinary probation.

Composition of the Community Standards Board

  • For a particular case, a board shall be drawn from the College-Wide Student Conduct Board pool and will normally be composed of three (3) student members.
  • The Director of Residential Life or designee will function as a non-voting presiding officer of the board.

Community Standards Board Pre-Hearing Procedures

  1. The hearing board members will be assigned to a case by the Director of Residential Life or designee based on their availability.
  2. The board, if at all possible, will be convened within fourteen (14) days following receipt of the request for a hearing by the Director of Residential Life.
  3. The Director of Residential Life or designee will prepare and send a written notice to the accused, under the best of circumstances, no fewer than three (3) days prior to the date set for hearing. The notice to appear shall be hand-delivered directly to the accused or sent by mail and shall include:
    1. A statement of the date, time, location, and nature of the hearing;
    2. A written statement specifying the allegations of misconduct in sufficient detail to enable the accused to prepare a response;
    3. Notice of the right to an advisor;
    4. Information about the electronic version of student conduct hearing procedures; and
    5. A list of the names of the board members selected to hear the case.
  4. At least two (2) days prior to the hearing, the accused shall be given:
    1. A list of names of the material witnesses who may be called to speak at the hearing.
    2. Reasonable access to the information that will be used at the hearing.
    3. At least two (2) days prior to the hearing, the accused shall provide the Director of Residential Life or designee with any written documentation that will be presented at the hearing by the accused and the names of any material witnesses who may be called by the accused to attend the hearing. This will allow the Director of Residential Life or designee to verify that the witnesses have been notified of the date, time, and location of the hearing.
  5. The accused student may challenge the presence of any member of the hearing board on the grounds of personal bias by submitting a written statement to the Director of Residential Life or designee no later than two (2) days prior to the hearing. The Director of Residential Life or designee will then determine whether to sustain or deny the challenge. If the request is sustained, a replacement will be appointed to serve on the hearing board.
  6. The Director of Residential Life or designee ultimately will decide on the admissibility of all information to be entered into a Community Standards Board hearing.

Community Standards Board Deliberations and Decisions

Only the members of the hearing board and the presiding officer may be present during deliberations.

  1. A simple majority of votes is necessary to make a decision of "responsible."
  2. The hearing board shall render its decision and the Director of Residential Life or designee, as presiding officer, will notify the student and the complainant.

Organization Standards Board

Cases referred to this board are those alleged to have been committed by an organization or group (see Organization Offenses).

Composition of the Organization Standards Board

  1. For a particular case, a board shall be drawn from the College-Wide Student Conduct Board pool and will normally be composed of five (5) members—four (4) students and one (1) faculty/staff member.
  2. The board will be selected by the Director of Student Programs and Leadership Development or designee and will include a representative from the type of organization being accused.
  3. The Director of Student Programs and Leadership Development or designee will function as a non-voting presiding officer of the board.

Organization Standards Board Pre-Hearing Procedures

  1. College-Wide Student Conduct Board members will be assigned to an organization standards board by the Director of Student Programs and Leadership Development or designee based on their availability.
  2. The board, if at all possible, will be convened within fourteen (14) days following receipt of the request for a hearing by the Director of Student Programs and Leadership Development.
  3. The Director of Student Programs and Leadership Development or designee will prepare and send a written notice to the accused, under the best of circumstances, no fewer than three (3) days prior to the date set for hearing. The notice to appear shall be hand-delivered directly to the accused or by mail and shall include:
    1. A statement of the date, time, location, and nature of the hearing;
    2. A written statement specifying the allegations of misconduct in sufficient detail to enable the accused to prepare a response;
    3. Notice of the right to an advisor;
    4. Information about electronic version of student conduct procedures; and
    5. A list of names of the board members selected to hear the case.
  4. At least two (2) days prior to the hearing, the accused shall be given:
    1. A list of names of the material witnesses who may be called to speak at the hearing;
    2. Reasonable access to the information that will be used at the hearing.
  5. At least two (2) days prior to the hearing, the accused shall provide the Director of Student Programs and Leadership Development or designee with any written documentation that will be presented at the hearing by the accused and the names and addresses of any material witnesses who may be called by the accused to attend the hearing. This will allow the Director of Student Programs and Leadership Development or designee to verify that the witnesses have been notified of the date, time, and location of the hearing.
  6. The accused student may challenge the presence of any member of the hearing board on the grounds of personal bias by submitting a written statement to the Director of Student Programs and Leadership Development or designee no later than two (2) days prior to the hearing. The Director or designee will then determine whether to sustain or deny the challenge. If the request is sustained, a replacement will be appointed to serve on the hearing board.
  7. The Director of Student Programs and Leadership Development or designee ultimately will decide on the admissibility of all information to be entered into a hearing.

Organization Standards Board Deliberations and Decisions

  1. Only the members of the board and the presiding officer may be present during deliberations.
  2. A simple majority of votes is necessary to make a decision of "responsible."
  3. The hearing board shall render its decision and the Director of Student Programs and Leadership Development or designee, as presiding officer, will notify the organization and the complainant.

Sexual Misconduct Board

Cases referred to this board are those involving alleged violations of the College's policy on sexual misconduct. For more information about adjudication of sexual misconduct complaints, consult the Sexual Misconduct Policy.

Appeals To Student Conduct Actions

Following the decision of the student conduct hearing, a student may request one appeal hearing. The Vice President for Student Life and  Dean of Students handles all student conduct hearing appeals, unless the Vice President for Student Life and Dean of Students was directly involved in the hearing process. In such cases, appeals will be directed to the Provost.

The request for an appeal must be submitted in writing within two (2) days of the date of the decision. Failure to file a request for appeal in a timely manner constitutes a waiver of any right to an appeal. The bases for an appeal are limited to the following grounds:

  1. The information presented at the hearing does not support the verdict;
  2. The sanction is excessively severe;
  3. New or newly discovered information is of a character that may substantially affect the outcome of the hearing;
  4. There was a procedural error that substantially affected the outcome of the hearing.

The Vice President for Student Life and Dean of Students or Provost has the authority to change a finding of responsibility, to increase or decrease a sanction, or to require a re-hearing.

Appeals should not be requested frivolously. An appeal hearing is not a re-hearing; it represents a procedural safeguard for the student. In an appeal process, the burden of proof is shifted from the complainant to the student or organization charged with the offense. Appeal letters will be reviewed and, if there is adequate reason to believe that one or more of the grounds for appeal have merit, an appeal hearing will be scheduled with the Vice President for Student Life and Dean of Students or Provost.

Disclosure of Findings

With respect to crimes of violence or non-forcible sex offenses, the College will upon written request of an alleged victim of a crime of violence or non-forcible sex offense, or an alleged victim's next of kin (if the victim dies as a result of the crime or offense), disclose the results of any institutional student conduct proceeding conducted by the College against the alleged perpetrator of such crime or offense with respect to the crime or offense.

Disciplinary Sanctions

Students or organizations that have violated the Code of Conduct are subject to one or more of the following sanctions:

  1. Official Warning: An official written notice indicating that additional violations may result in more serious disciplinary action. This warning becomes part of the student's or organization's disciplinary record.
  2. Restitution: Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
  3. Fines: May be imposed for violations of specific policies and procedures.
  4. Compensatory Service or Educational Sanctions: Mandated service hours, attendance at a workshop, writing a paper, or other appropriate assignment.
  5. Loss of Privileges: Denial of specified privileges for a period of time. These may include, but are not limited to:
    1. Exclusion from certain College buildings or areas;
    2. Denial or revocation of automobile registration privileges;
    3. Prohibition from holding office in any student group or organization;
    4. Denial of the opportunity to participate in certain College activities, or of eligibility to represent the College in any extra-curricular activity;
    5. Loss of status as a recognized student organization.
  6. Disciplinary Probation: An official written reprimand that is for a designated period of time and includes the possibility of referral to the College-Wide Student Conduct Board and more severe disciplinary sanctions if the student or organization is found responsible for violating a provision of the Student Code of Conduct during the probationary period.
  7. Residence Hall Suspension: Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Student will have between 24–48 hours from the time of the final decision to move out of the residence hall. Student will not be permitted to be present in any residence hall during the course of the suspension.
  8. Deferred Suspension: A notice of deferred suspension placed on a student's disciplinary record and may include restriction of the use of College facilities or activities. Any proven offense committed during this period will likely cause a suspension to take effect.
  9. Suspension: Separation of the student or organization from the College for a defined period of time, after which the student or organization is eligible to return. Suspension may occur for the remainder of an academic term, or for one or more entire academic terms. This sanction may include restriction on the use of College facilities during the period of the suspension. Conditions for reinstatement may be specified.
  10. Dismissal: Separation of the student or organization from the College for an indefinite period of time. This sanction may include restriction on the use of College facilities. Reinstatement may be possible in the future but no specific time or date for a decision is established.
  11. Expulsion: Permanent separation of the student or organization from the College. This sanction may include restriction on the use of College facilities. Notification of expulsion will appear on the student's transcript.

Interim Suspension

  1. The Vice President for Student Life and Dean of Students or President of the College may suspend a student for an interim period prior to resolution of a student conduct proceeding if the Vice President for Student Life and Dean of Students or President believes that the allegation of misconduct is reliable and that the continued presence of the student on the College campus poses a threat to any individual, to property, or to any College function.
  2. The decision to suspend a student for an interim period shall be communicated in writing to the student, and shall become effective immediately upon receipt of the notice.
  3. The interim suspension shall remain in effect until a final decision has been made on the pending allegations of misconduct or until the President of the College or the Dean of Student Affairs determines that the reason for imposing the suspension no longer exists.
  4. A student who is suspended for an interim period shall be provided an opportunity to respond to the allegations of misconduct no later than ten (10) days following the effective date of the interim suspension.