This overview gives a general idea of how the College’s campus conduct proceedings work, but it should be noted that not all situations are of the same severity or complexity. Thus, these procedures are flexible, and are not exactly the same in every situation, although consistency in similar situations is a priority. The campus conduct process and all applicable timelines commence with notice to an administrator of a potential violation of College rules.**
** In Title IX related issues, the “administrator” is any “responsible employee” defined by Title IX and/or campus policy.
NOTICE: Once notice is received from any source (impacted party, Resident Assistant, 3rd party, online, etc.), the College may proceed with a preliminary inquiry/investigation and/or schedule an initial educational meeting/conference with the responding student to explain the conduct process to the responding student and gather information.
To assure continued compliance with Title IX and/or any other state or federal anti- discrimination/harassment/retaliation laws, if state or federal statutory provisions, regulatory guidance, or court interpretations or guidance provided by any authorized regulating agency change, or conflict with college policy and/or procedure including but not limited to the hearing procedures set forth in this Code of Student Conduct, the College’s policy and/or procedure will be deemed amended as of the time of the decision, ruling, legislative enactment or guidance. Further, the procedures set forth in this policy may be modified or changed to protect the due process rights of the parties and/or to comply with Title IX and/or any other state or federal anti- discrimination/harassment/retaliation laws or regulations.
Overview of Step 1
Preliminary Inquiry and/or Educational Conference
The College conducts a preliminary inquiry into the nature of the incident, complaint, or notice, the evidence available, and the parties involved. The preliminary inquiry may lead the College to determine that there is insufficient evidence to pursue the investigation, because the behavior alleged, even if proven, would not violate the Code of Student Conduct, (e.g.: for reasons such as mistaken identity or allegations of behavior that falls outside the code). The preliminary inquiry may also lead to a more comprehensive investigation, when it is clear more information must be gathered. It may lead to a formal complaint of a violation and/or an educational conference with the responding student.
When an initial educational meeting/conference is held, the possible outcomes include as follows:
- a decision not to pursue the allegation based on a lack of or insufficient evidence. The matter should be closed and records should so indicate;
- a decision on the allegation, also known as an “informal” or “administrative” resolution to an uncontested allegation where the student accepts responsibility (see immediately below); or
- a decision to proceed with additional investigation and/or referral for a “formal” resolution.
If a decision on the allegation is made and the finding is that the responding student is not responsible for violating the Code, the process will end. In sexual misconduct and other discrimination complaints, the alleging party may request that the Dean of Student Affairs and the Title IX Coordinator reopen the investigation and/or grant a hearing. This decision shall be in the sole discretion of the Dean of Student Affairs and the Title IX Coordinator and will only be granted for extraordinary cause. If the College’s finding is that the responding student is in violation and the responding student accepts responsibility within three days of the formal or informal hearing/educational conference, the College considers this an “uncontested allegation.” The administrator conducting the initial educational conference will then determine the sanction(s) for the misconduct.
If the sanctions are rejected, the College will conduct a sanction-only hearing, conducted by the Student Conduct Committee which recommends a sanction to the Dean of Student Affairs. The sanction is then reviewed and finalized by the Dean of Student Affairs and is subject to appeal (see appeals section, below) by any party to the misconduct. Once an appeal decision is made, the process ends.
If the administrator conducting the educational conference determines that it is more likely than not that the responding student is in violation, and the responding student rejects that finding in whole or in part, then it is considered a contested allegation and the process moves to Step 2.
Overview of Step 2
Formal Hearing
In a contested allegation, additional investigation may then be commenced and/or a hearing may be held when there is reasonable cause to believe that a rule or rules have been violated. A formal notice of the complaint will be issued, and a hearing will be held before a panel or an administrator. A finding will be determined and is final except in cases that involve Title IX or other discrimination allegations. In those cases, the hearing results serve as a recommendation to the Dean of Student Affairs or designee, who will review and finalize the finding. If the finding is that the responding student is not responsible, the process ends. Applicable appeals options are described below.
Overview of Step 3
Review and Finalize Sanction(s)
If the student is found responsible for the charges/violations, sanctions will be recommended by the Student Conduct Committee or administrator to the Dean of Student Affairs or designee when applicable, who will review and finalize the sanctions, subject to the College appeals process by any party to the complaint.