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Formal Conduct Procedures

  1. College as Convener
     Otis College is the convener of every action under this code. Within that action, there are several roles:
    • Respondent: The responding student is the person who is alleged to have violated the code.
    • Complainant: The party bringing the complaint, who may be a student, employee, visitor or guest, may choose to be present and participate in the process as fully as the responding student.
    • Witnesses: There are witnesses, who may offer information regarding the allegation. There is an investigator(s) whose role is to present the allegations and share the evidence that the College has obtained regarding the allegations.
    • Advisor: Advisors serve as support people to the students, and may be chosen only from within the current College community, but cannot be another peer/student. Parents/Family members may not serve as advisors unless it is granted by the Dean of Student Affairs for an advisor from outside the community to be able to participate. Advisors may not make a presentation or represent the party bringing the complaint or responding to the student during the hearing.
  2. Group Violations
    A student group or organization and its officers and membership may be held collectively and individually responsible when violations of this code by the organization or its member(s) take place at organization- sponsored or co-sponsored events, whether sponsorship is formal or tacit; have received the consent or encouragement of the organization or of the organization’s leaders or officers; or were known or should have been known to the membership or its officers.

    Hearings for student groups or organizations follow the same general student conduct procedures. In any such action, individual determinations as to responsibility will be made and sanctions may be assigned collectively and individually and will be proportionate to the involvement of each individual and the organization. 
  3. Amnesty
    1. For Reporting Parties
       The College provides amnesty to reporting parties who may be hesitant to report to College officials because they fear that they themselves may be accused of minor policy violations, such as underage drinking, at the time of the incident.
    2. For Those Who Offer Assistance
       To encourage students to offer help and assistance to others, the College pursues policy of amnesty for minor violations when students offer help to others in need (bystander intervention). At the discretion of the Dean of Student Affairs, amnesty may also be extended on a case-by-case basis to the person receiving assistance. Educational options will be explored, but no conduct proceedings or conduct record will result.

       Bystander Intervention: Appropriate ways to address situations and intervene as a bystander may include the following:
      • Where the student is not complicit, by leaving the area where the violation was occurring where a risk of serious harm exists, merely leaving will not be appropriate; or
      • Creating an effective distraction, intervening, or confronting the violation in an effort to stop it; or
      • Contacting the appropriate staff members or authorities to address the violation.
    3. For Those Who Report Serious Violations
       Students who are engaged in minor violations but who choose to bring related serious violations by others to the attention of the College are offered amnesty for their minor violations. Educational options will be explored, but no conduct proceedings will result.

       Abuse of amnesty requests can result in a decision by the Dean of Student Affairs not to extend amnesty to the same person repeatedly.
    4.  Amnesty does not apply to more serious allegations such as physical abuse of another or illicit drug distribution. The decision not to offer amnesty to a Respondent is based on neither sex nor gender, but on the fact that collateral misconduct is typically addressed for all students within a progressive discipline system, and the rationale for amnesty–the incentive to report serious misconduct–is rarely applicable to Respondent with respect to a Complainant.
    5.  Safe Harbor
      The College has a Safe Harbor rule for students. The College believes that students who have a drug and/or addiction problem deserve help. If any College student brings their own use, addiction, or dependency to the attention of College officials outside the threat of drug tests or conduct sanctions and seeks assistance, a conduct complaint will not be pursued. However, if a student’s alcohol and/or other drug addiction/dependency results in behavior that threatens the safety and security of the surrounding community, a student conduct process may be pursued. A written action plan may be used to track cooperation with the Safe Harbor program by the student. Failure to follow the action plan will nullify the Safe Harbor protection and campus conduct processes will be initiated.
  4. Reporting Alleged Violation(s)
    Any member of the College community, visitor, or guest may report a policy violation(s) by any student for misconduct under this Code.
    Reports may also be given to the Dean of Student Affairs (or designee) and/or to the Title IX Coordinator, when appropriate. Additionally, these administrators may act on notice of a potential violation whether a formal allegation is made or not. All allegations can be submitted by the impacted party or a third party, and should be submitted as soon as possible after the offending event occurs. The College has the right to pursue an allegation or notice of misconduct on its own behalf and to serve as convener of the subsequent campus conduct process. The Dean of Student Affairs (or designee) will assume responsibility for the investigation of the alleged violation as described in the section below.
  5. Investigation
    The Dean of Student Affairs will investigate any other allegation under this Code. The Title IX Coordinator or designee(s) will investigate any complaint that falls under Title IX (e.g. sexual misconduct) or involves any other form of discrimination. The investigator(s) will take the following steps:
    • Initiate any necessary remedial/interim actions on behalf of the impacted party (if any);
    • Determine the identity and contact information of the party bringing the complaint, whether that person is the initiator of the complaint, the alleged impacted party, or a College proxy or representative;
    • Conduct an immediate preliminary investigation to identify a complete list of all policies that may have been violated, to review the history of the parties, the context of the incident(s), any potential patterns and the nature of the complaint;
    • If the impacted party is reluctant to pursue the complaint, determine whether the complaint should still be pursued and whether sufficient independent evidence could support the complaint without the participation of the impacted party;
    • Notify the impacted party of whether the College intends to pursue the complaint regardless of their involvement, and inform the impacted party of their rights in the process and option to become involved if they so choose;
    • Preliminary investigation usually takes between 1–7 business days to complete;
    • If indicated by the preliminary investigation conduct a comprehensive investigation to determine if there is reasonable cause to believe that the responding student violated College policy, and to determine what specific policy violations should serve as the basis for the complaint;
    • If there is insufficient evidence through the investigation to support reasonable cause, the allegations will be closed with no further action;
    • A comprehensive investigation usually takes between one day and two weeks; In Title IX cases, this can be longer.
    • Meet with the Party bringing the complaint to finalize the Party bringing the Complaint’s Statement, which will be drawn up by the investigator or designee as a result of this meeting;
    • Commence a thorough, reliable, and impartial investigation by developing a strategic investigation plan, including witness list, evidence list, intended timeframe, and order of interviews for all witnesses and the responding student, who may be given notice of the interview prior to or at the time of the interview;
    • Prepare the notice of alleged policy violation(s) on the basis of the reasonable cause determination, which may be delivered prior to, during or after the responding student is interviewed, at the discretion of the investigator(s);
    • Interview all relevant witnesses, obtain statements from each, and have each witness sign their statements to verify them;
    • Obtain all documentary evidence and information that is available;
    • Obtain all physical evidence that is available;
    • Complete the investigation promptly by analyzing all available evidence without unreasonable deviation from the intended timeline;
    • Make a finding, based on a preponderance of the evidence (whether a policy violation is more likely than not);
    • Present the investigation report and findings to the responding student, who may:
      • accept the findings,
      • accept the findings in part and reject them in part,
      • or may reject all findings;
      • Share the findings and update the party bringing the complaint on the status of the investigation and the outcome.
  6. Findings OPTION 1:
    The Respondent is Found “Not Responsible”
    Where the responding student is found not responsible for the alleged violation(s), the investigation will be closed. The party bringing the complaint, if any, may request that the Title IX Coordinator (in cases involving sexual misconduct) and/or the Dean of Student Affairs (for general conduct), as applicable, review the investigation file to possibly re-open the investigation or convene a hearing. The decision to re-open an investigation or convene a hearing rests solely in the discretion of the Title IX Coordinator or the Dean of Student Affairs in these cases, and is granted only on the basis of extraordinary cause.

    Option 2A:
    The Respondent Accepts “Responsibility”
    Should the responding student accept the finding that they violated College policy, the Dean of Student Affairs or designated committee will determine a necessary sanction(s). In cases involving discrimination, sanctions will act to end the discrimination, prevent its recurrence, and remedy its effects on the impacted party and the College community. If the responding student accepts these recommended sanctions, the sanctions are implemented and the process ends. This outcome is not subject to appeal.

    Option 2B:
    The Respondent Accepts a “Responsibility” but Rejects the Sanctions Recommended. If the responding student accepts the “responsible” findings, but rejects the recommended sanctions, they will have a right to Appeal, based on the appeal guidelines detailed below.

    Option 3A:
    Responding Student Rejects the Allegations Completely
    Where the responding student rejects the alleged violation(s) that of College policy based on the initial meeting outlining the allegations against them, a formal hearing will be convened within fourteen business days, barring exigent circumstances.

    Prior to and at the hearing, the Dean of Student Affairs will provide all reports to the Student Conduct Committee, the committee will hear from the parties, and any necessary witnesses. The investigation report will be considered by the committee, which renders an independent and objective finding. Full committee procedures are detailed below.

    If the committee finds the responding student not responsible for all violations, the Dean of Student Affairs will inform the parties of this determination and the rationale for the decision in writing in a timely manner. This determination is subject to appeal by any party to the complaint. Appeal review procedures are outlined below.

    If the panel finds the student responsible for the alleged violation, it will recommend a sanction/responsive action to the Dean of Student Affairs, who will, conferring with the Title IX Coordinator as necessary, render a decision within five (5) business days of the hearing and timely notify the parties, in writing. An appeal may be filed within five (5) business days after the delivery of the formal letter of the findings by any party to the complaint, as detailed below.

    Option 3B:
    Responding Student Accepts “Responsibility” in Part and Rejects Allegations in Part
    Where the responding student rejects in part the allegations that they violated College policy, there will be a committee hearing solely on the disputed allegations within fourteen days, barring exigent circumstances. For all findings holding a responding student responsible for a violation, the process will follow the same process outlined in Option 3A. If the committee finds the responding party “Not Responsible” on any of the contested allegations, the process will move to the Sanctioning Phase on only the uncontested allegations, to an administrative hearing on the sanctions.
  7. Special Hearing Provisions for Sexual Misconduct, Discrimination and Other Complaints of a Sensitive Nature

    All hearings under this section will be conducted by the Student Conduct Committee. For sexual misconduct, discrimination, and other complaints of a sensitive nature, whether the alleged impacted individual is serving as the party bringing the complaint or as a witness, alternative testimony options may be provided, such as placing a privacy screen in the hearing room or allowing the alleged impacted party to testify from another room via Skype, Zoom, conference call, or similar technology. While these options are intended to help make the impacted party more comfortable, they are not intended to work to the disadvantage of the responding student.

    The past sexual history or sexual character of a party will not be admissible by the other parties in hearings unless such information is determined to be highly relevant by the panel Chair. All such information sought to be admitted by a party or the College will be presumed irrelevant until a showing of relevance is made, in advance of the hearing, to the Chair. Demonstration of pattern, repeat and/or predatory behavior by the responding student, in the form of previous findings in any legal or campus proceeding, or in the form of previous good faith allegations, will always be relevant to the finding, not just the sanction. The parties will be notified in advance if any such information is deemed relevant and will be introduced in the hearing.

    The party bringing the complaint in any complaint alleging sexual misconduct or other behavior falling with the coverage of Title IX will be notified in writing of the outcome of a hearing, any sanctions assigned and the rationale for the decision.
  8. Notice of Hearing
    Once a determination is made that reasonable cause exists for the Dean of Student Affairs (or designee) to refer a complaint for a hearing, notice will be given to the responding student. Notice will be in writing and may be delivered primarily through email to the student’s Otis College email account. Other methods of delivery can include: in person by the Dean of Student Affairs (or designee); or mailed to the local or permanent address of the student as indicated in official College records; or emailed to the student’s personal email. Once mailed, e- mailed and/or received in-person, such notice will be presumptively delivered. The letter of notice will:
    • Include the alleged violation and notification of where to locate the Code of Student Conduct and College procedures for resolution of the complaint; and
    • Direct the responding student to contact the Dean of Student Affairs (or designee) within a specified period of time to respond to the complaint. This time period will generally be no less than two days from the date of delivery of the summons letter. A meeting with the Dean of Student Affairs (or designee) may be arranged to explain the nature of the complaint and the conduct process. At this meeting, the responding student may indicate, either verbally or in writing, to the Dean of Student Affairs (or designee), whether s/he admits or denies the allegations of the complaint.
  9. Interim Actions
    Under the Code of Student Conduct, the Dean of Student Affairs or designee may impose restrictions and/or separate a student from the community pending the scheduling of a campus hearing on alleged violation(s) of the Code of Student Conduct when a student represents a threat of serious harm to others, is facing allegations of serious criminal activity, to preserve the integrity of an investigation, to preserve College property and/or to prevent disruption of, or interference with, the normal operations of the College.

    Interim actions can include separation from the institution (Interim Suspension) or restrictions on participation in the community for no more than ten (10) business days pending the scheduling of a campus hearing on alleged violation(s) of the Code of Student Conduct. Other examples of interim actions can include but are not limited to:
    • Housing relocation/reassignment
    • Class schedule accommodations
    • No trespass orders
    • No contact orders
      A student who receives an interim suspension may request a meeting with the Dean of Student Affairs or designee to demonstrate why an interim suspension is not merited. Regardless of the outcome of this meeting, the College may still proceed with the scheduling of a campus hearing.

      During an interim suspension, a student may be denied access to College housing and/or the College campus/facilities/events. As determined appropriate by the Dean of Student Affairs, this restriction may include classes and/or all other College activities or privileges for which the student might otherwise be eligible. At the discretion of the Dean of Student Affairs and with the approval of, and in collaboration with, the appropriate Chairs(s), alternative coursework options may be pursued to ensure as minimal an impact as possible on the responding student.
    • Order of Exclusion/Stay Away Notices
      Students may be excluded from campus by order of the Dean of Student Affairs; employees may be excluded from campus by order of Human Resources. Individuals who are under an order of exclusion are prohibited from entering the Otis College campus or participating in Otis College activities on or off campus. Individuals who fail to comply with an order of exclusion will be given a Trespass Notice.

      To execute an order of exclusion, the Dean of Student Affairs or Human Resources notifies the Chief Safety & Security Officer, who in turn notifies Campus Security. The Campus Security administers and supervises the order of exclusion until such time as the student or employee returns to good standing in the College community, as determined by the Dean of Student Affairs in the case of students and Human Resources in the case of employees. Persons under an order of exclusion may visit campus for brief periods only by written permission of the Chief Safety & Security Officer, the Dean of Student Affairs (for students), or Human Resources (for employees). A Trespass Notice will be issued to any person under an order of exclusion who returns to campus without written permission. The Dean of Student Affairs and Human Resources may appoint a designee to act on their behalf.
  10. Hearing Options and Preparation
    The following sections describe the College’s conduct hearing processes. Except in a complaint involving failure to comply with the summons of the Dean of Student Affairs (or designee), no student may be found to have violated the Code of Student Conduct solely as a result of the student’s failure to appear for a hearing. In all such instances, conduct hearings will proceed as scheduled and the information in support of the complaint will be presented to, and considered by, the Dean of Student Affairs or committee presiding over the hearing.

    Where the responding student admits to violating the Code of Student Conduct, the Dean of Student Affairs (or designee) may invoke administrative hearing procedures to determine and administer appropriate sanctions without a formal hearing. This process is also known as an administrative conference. In administrative/educational conference, complaints will be heard and determinations will be made by the Dean of Student Affairs or designee.

    Where the responding student denies violating the Code of Student Conduct, a formal hearing will be conducted. This process is known as a committee hearing. At the discretion of the Dean of Student Affairs (or designee), a request by one or more of the parties to the complaint for an administrative/educational conference may be considered. Students who deny a violation for which a committee hearing will be held will be given a minimum of five (5) days to prepare unless all parties wish to proceed more quickly. Preparation for a formal hearing is summarized in the following guidelines:
    • Notice of the time, date and location of the hearing will be in writing and may be delivered by one or more of the following methods: in person by the Dean of Student Affairs (or designee); mailed to the local or permanent address of the student as indicated in official College records; or e-mailed to the student’s College-issued e-mail account. Once mailed, e-mailed and/or received in-person, such notice will be presumptively delivered.
    • If there is an alleged impacted individual of the conduct in question, the alleged impacted individual may serve as the party bringing the complaint or may elect to have the College administration serve as the party bringing the complaint forward. Where there is no alleged impacted individual, the College administration will serve as the party bringing the complaint forward.
    • If a responding student fails to respond to notice from the Dean of Student Affairs (or designee), the Dean of Student Affairs (or designee) may initiate a complaint against the student for failure to comply with the directives of a College official and give notice of this offense. Unless the student responds to this notice within two days by answering the original notice, an administrative conference may be scheduled and held on the student’s behalf. As a result, the student may be administratively withdrawn from attending classes or a disciplinary hold may be placed on their College account, deeming them ineligible to register for courses or College housing until such time as the student responds to the initial complaint.
    • At least three (3) business days before any scheduled formal hearing, the following will occur:
      • The responding student may deliver to the Dean of Student Affairs (or designee) a written response to the complaint; the respondent can choose to respond in person if they desire.
      • In cases where there is a student-to-student violation (physical/verbal assaults, sexual assault/misconduct, etc.), the responding party will be given the opportunity to submit questions to the Committee to be used for cross examination of either the complainant(s) witnesses, or both.
      • Similarly, the Complainant in the case may submit questions to the Conduct Committee to be used for cross examination of the respondent(s), witnesses, or both.
      • The Dean of Student Affairs has the right to omit any questions of cross examination from either party as long as there is a rationale for the omission(s).
      • The responding student will deliver to the Dean of Student Affairs (or designee) a written list of all witnesses they wish the College to call at the hearing;
      • The responding student will deliver to the Dean of Student Affairs (or designee) all physical evidence they intend to use or need to have present at the hearing and will indicate who has possession or custody of such evidence, if known, so that the Dean of Student Affairs can arrange for its presence;
      • The party bringing the complaint will deliver to the Dean of Student Affairs (or designee) a written list of all witnesses they wish the College to call at the hearing;
      • The party bringing the complaint will deliver to the Dean of Student Affairs (or designee) all items of physical evidence they intend to use or needs to have present at the hearing and will indicate who has possession or custody of such evidence, if known, so that the Dean of Student Affairs can arrange for its presence;
      • The party bringing the complaint and the responding student will notify the Dean of Student Affairs (or designee) of the names of any advisors/advocate who may be accompanying the parties at the hearing;
    • The Dean of Student Affairs (or designee) will ensure that the hearing information and any other available written documentation is shared with the parties upon request and at least two (2) days before any scheduled hearing. In addition, the parties will be given a list of the names of all committee members in advance. Should any party object to any committee member, they must raise all objections, in writing, to the Dean of Student Affairs immediately. Committee members will only be unseated if the Dean of Student Affairs concludes that their bias precludes an impartial hearing of the complaint. Additionally, any committee member who feels they cannot make an objective determination must recuse themselves from the proceedings.
  11. Committee Hearing Procedures
    The Dean of Student Affairs will serve as the Chair of the conduct panel with no voting rights, or will appoint one panelist as the Chair for the hearing. The parties have the right to be present at the hearing; however, they do not have the right to be present during deliberations. If a student cannot attend the hearing, it is that student’s responsibility to notify the Dean of Student Affairs no less than three (3) days prior to the scheduled hearing to arrange for another date, time and location. Except in cases of grave or unforeseen circumstances, if the responding student fails to give the requisite minimum three (3) day notice, or if the responding student fails to appear, the hearing will proceed as scheduled. If the party bringing the complaint fails to appear, the complaint may be dropped unless the College chooses to pursue the allegation on its own behalf, as determined by the Dean of Student Affairs.

    The Dean of Student Affairs (or designee) and the committee will conduct panel hearings according to the following guidelines:
    • Hearings will be closed to the public.
    • Admission to the hearing of persons other than the parties involved will be at the discretion of the panel chair and the Dean of Student Affairs.
    • In hearings involving more than one responding student, the standard procedure will be to hear the complaints jointly; however, the Dean of Student Affairs may permit the hearing pertinent to each responding student to be conducted separately. In joint hearings, separate determinations of responsibility will be made for each responding student.
    • The parties have the right to an advisor of their own choosing. Advisors may be chosen only from within the current College community, but cannot be another peer/student. Parents/Family members may not serve as advisors unless it is granted by the Dean of Student Affairs for an advisor from outside the community to be able to participate.
    • In the rare instance where civil or criminal court proceedings currently involve a responding student or at the discretion of the Dean of Student Affairs, legal counsel may be permitted to serve as an advisor.
    • The advisor may not make a presentation or represent the party bringing the complaint or responding student during the hearing.
    • The party bringing the complaint, the responding student, the committee and the Dean of Student Affairs (or designee) will have the privilege of questioning all present witnesses and questioning all present parties (through the Chair, at the discretion of the Chair). Unduly repetitive witnesses can be limited at the discretion of the panel Chair or the Dean of Student Affairs (or designee).
    • Pertinent records, exhibits, and written statements may be accepted as information for consideration by the panel and the Dean of Student Affairs. Formal rules of evidence are not observed. The Dean of Student Affairs may limit the number of character witnesses presented or may accept written affidavits of character instead.
    • All procedural questions are subject to the final decision of the Dean of Student Affairs.
    • Cross examination questions submitted by responding and or complainant parties may be used in cases where there are student-to-student violations. The submitted questions from either party will be facilitated and asked by the Chair in order to maintain a measured questioning process.
    • After a committee hearing, the panel will deliberate and determine, by majority vote, whether it is more likely than not (preponderance of evidence) that the responding student has violated the Code of Student Conduct. The Dean of Student Affairs (or designee) will be present and available as a resource during all deliberations. Once a finding is determined, if the finding is that of a policy violation, the panel will determine an appropriate recommended sanction(s). The Dean of Student Affairs (or designee) is responsible for informing the panel of applicable precedent and any previous conduct violations or other relevant pattern information about the responding student. The panel Chairperson will prepare a written deliberation report detailing the committee’s finding, as well as the information cited by the panel in support of their finding, and any information the panel excluded from its consideration and why. This report should conclude with any recommended sanctions. This report should not exceed two pages in length.
    • The Dean of Student Affairs will consider the recommendations of the committee, may make appropriate modifications to the committee’s report, and will then render a decision and inform the responding student and party bringing the complaint (if applicable by law or College policy) of the final determination within seven days of the hearing. Notification will be made in writing and may be delivered by one or more of the following methods: in person by the Dean of Student Affairs (or designee); mailed to the local or permanent address of the student as indicated in official College records; or e-mailed to the student’s College-issued email account. Once mailed, e-mailed and/or received in-person, such notice will be presumptively delivered. In cases of sexual misconduct, notice of the outcome will be delivered to all parties simultaneously, meaning without substantial delay between the notifications to each.
  12. Conduct Sanctions
    One or more of following sanctions may be imposed upon any student for any single violation of the Code of Student Conduct:
    • Administrative Warning: An official written notice that the student has violated College policies and/or rules and that more severe conduct action will result should the student be involved in other violations while the student is enrolled at the College.
    • Restitution: Compensation for damage caused to the College or any person’s property. This is not a fine but, rather, a repayment for property destroyed, damaged, consumed, or stolen.
    • Fines: Reasonable fines may be imposed. Fines are specified to include: Alcohol and other drug-related activities—fines in increments of $50 to $300; Damages—actual repair costs, including labor and materials; Noncompliance with discretionary sanctions - $15 per hour for service not performed; Unauthorized residence hall room change - $35; Failure to return a reserved space to proper condition – labor costs and expenses.
    • Community/College Service Requirements: For a student or organization to complete a specific supervised Community/College service.
    • Loss of Privileges: The student will be denied specified privileges for a designated period of time.
    • Confiscation of Prohibited Property: Items whose presence is in violation of College policy will be confiscated and will become the property of the College. Prohibited items that are confiscated will not be returned.
    • Behavioral Requirement: This includes required activities including, but not limited to, seeking academic counseling or substance abuse screening, writing a letter of apology, complete online alcohol and other drug courses, etc.
    • Mandated Counseling Consultation: The student will meet with an Otis College counselor and follow the recommended mandated session(s). The student will be required to comply with the counselor’s written treatment plan, and will sign a formal release documenting their attendance in order to complete this sanction. The details of the treatment plan will be based on the student’s individual circumstances, and will not be shared with the Student Conduct Committee or Student Affairs Staff.
    • Educational Program: Requirement to attend, present, and/or participate in a program related to the violation. It may also be a requirement to sponsor or assist with a program for others on campus to aid them in learning about a specific topic or issue related to the violation for which the student or organization was found responsible. Examples of an educational program can be but are not limited to online education courses, residence hall program for the building or floor communities, health and wellness programming, etc. Audience may be restricted.
    • Restriction of Visitation Privileges: May be imposed on a resident or nonresident student. The parameters of the restriction will be specified.
    • College Housing Probation: Official notice that, should further violations of Residence Life or College policies occur during a specified probationary period, the student may immediately be removed from College housing. Regular probationary meetings may also be imposed.
    • College Housing Reassignment: Reassignment to another College housing facility. Residential Life personnel will decide on the reassignment details.
    • College Housing Suspension: Removal from College housing for a specified period of time after which the student is eligible to return. Conditions for readmission to College housing may be specified. Under this sanction, a student is required to vacate College housing within 24 hours of notification of the action, although this deadline may be extended upon application to, and at the discretion of, the Dean of Student Affairs. This sanction may be enforced with a trespass action if deemed necessary. Prior to reapplication for College housing, the student must gain permission from the Dean of Student Affairs (or designee).
    • College Housing Dismissal: The student’s privilege to live in, or visit, any College housing structure is revoked indefinitely. This sanction may be enforced with a trespass action if deemed necessary.
    • College Probation: The student is put on official notice that, should further violations of College policies occur during a specified probationary period, the student may face suspension or expulsion. Regular probationary meetings may also be imposed.
    • Eligibility Restriction: The student is deemed “not in good standing” with the College for a specified period of time. Specific limitations or exceptions may be granted by the Dean of Student Affairs and terms of this conduct sanction may include, but are not limited to, the following:
      • Ineligibility to hold any office in any student organization recognized by the College or hold an elected or appointed office at the College; or
      • Ineligibility to represent the College to anyone outside the College community in any way, including participating in the study abroad program, attending conferences, or representing the College at an official function, event or competition, and so on
    • College Suspension: Separation from the College for a specified minimum period of time, after which the student is eligible to return. Eligibility may be contingent upon satisfaction of specific conditions noted at the time of suspension. The student is required to vacate the campus within 24 hours of notification of the action, although this deadline may be extended upon application to, and at the discretion of, the Dean of Student Affairs. During the suspension period, the student is banned from College property, functions, events, and activities. This sanction may be enforced with a trespass action and/or No Contact action as necessary.
    • College Dismissal: Permanent separation from the College. The student is banned from College property and the student’s presence at any College-sponsored activity or event is prohibited. This action may be enforced with a trespass action and No Contact action as necessary.
    • Other Sanctions: Additional or alternate sanctions may be created and designed as deemed appropriate to the offense with the approval of the Dean of Student Affairs or designee.

      The following sanctions may be imposed upon groups or organizations found to have violated the Code of Student Conduct:
      • One or more of the sanctions listed above; and/or
      • Deactivation, derecognition, loss of all privileges (including College registration), for a specified period of time.
  13. Parental Notification
    The College reserves the right to notify the parents/guardians of dependent students regarding any conduct situation, particularly alcohol and other drug violations. The College may also notify parents/guardians of nondependent students who are under the age of 21 of alcohol and/or other drug violations.
  14. Notification of Outcomes
    The outcome of a campus hearing is part of the education record of the responding student and is protected from release under the Federal Education Rights and Privacy Act (FERPA), except under certain conditions. As allowed by FERPA, when a student is accused of a policy violation that would constitute a “crime of violence” or forcible or non forcible sex offense, the College will inform the alleged party bringing the complaint in writing of the final results of a hearing regardless of whether the College concludes that a violation was committed. Such release of information may only include the alleged student’s/responding student’s name, the violation committed, and the sanctions assigned (if applicable). In cases of sexual misconduct and other offenses covered by Title IX, only, the rationale for the outcome will also be shared with all parties to the complaint in addition to the finding and sanction(s).

    In cases where the College determines through the student conduct process that a student violated a policy that would constitute a “crime of violence” or non forcible sex offense, the College may also release the above information publicly and/or to any third party. FERPA defines “crimes of violence” to include
    • Arson
    • Assault offenses (includes stalking)
    • Burglary
    • Criminal Homicide—manslaughter by negligence
    • Criminal Homicide—murder and nonnegligent manslaughter
    • Destruction/damage/vandalism of property
    • Kidnapping/abduction
    • Robbery
    • Forcible sex offences
    • Nonforcible sex offences
  15. Failure to Complete Conduct Sanctions
    All students, as members of the College community, are expected to comply with conduct sanctions within the time frame specified by the Dean of Student Affairs or designee. Failure to follow through on conduct sanctions by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanctions, administrative “holds” on the student account, and/or suspension from the College. In such situations, resident students will be required to vacate College housing within 24 hours of notification by the Dean of Student Affairs, although this deadline may be extended upon application to, and at the discretion of, the Dean of Student Affairs. A suspension will only be lifted when compliance with conduct sanctions is satisfactorily achieved. This determination will be made by the Dean of Student Affairs.
  16. Appeal Review Procedures
    Any party may request an appeal of the decision of the Committee/Administrative Hearing by filing a written request to the Vice President of Student Affairs and Campus Diversity and Inclusion, subject to the procedures outlined below. All sanctions imposed by the original hearing body go into effect once the five (5) business day appeal window has concluded. All parties should be timely informed of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision.

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