Student Conduct Hearing Procedures

In order to meet the needs of students and the community, the College has a variety of ways of resolving conflicts and responding to alleged conduct violations. If the College has information that indicates that you and/or a student organization have been involved in an incident, two of the ways the case may be resolved are through administrative reviews or hearings with the Committee on Student Conduct. If you are preparing for one of these processes, please review the information below to familiarize yourself with the processes and let us know if you have any questions.

Administrative Review Procedures

The Office of Student Affairs or designee (hereafter referred to as the Administrative Officer) conducts Administrative Reviews in cases of misconduct, when there is a college need, when expediency requires, [when there is a bias or bias-related incident] or when there is no substantial question of fact. Most Administrative Reviews are held with administrators within the Office of Student Affairs. The objective of the Administrative Review is to review the alleged behavior with the student(s) and to determine whether there has been a violation of the Student Code or other College policies or expectations. If a violation has occurred, the student and the Administrative Officer will discuss the behavior(s) and possible consequences. A student who fails to attend an Administrative Review session risks a decision based upon the information available to the Administrative Officer.

These procedures or guidelines allow for consideration of the circumstances. Deviation from these procedures will not be a basis to change a disciplinary decision, unless it has resulted in prejudice to the individual or individuals involved.

Upon receiving information alleging misconduct, which is typically in the form of an Incident Report submitted by Public Safety, a College House Administration staff member, or a student, the Administrative Officer will generally, follow these procedures:

1. The student will receive a request in written form, by e-mail, or by telephone to meet or have an appointment scheduled to meet with an Administrative Officer.

2. At the meeting with the Administrative Officer, the student will be informed of the reason for the meeting.

3. Others present may include a support person, witnesses, representatives from the Committee on Student Conduct and liaisons with specific knowledge important to the case.

4. The student will be asked for his or her account of the incident(s).

5. The student may request to review the Incident Report, if applicable.

6. If a violation of the Student Code has occurred, the Administrative Officer will discuss with the student the impact of their behavior and any necessary follow-up.

7. Students are not presumed to be in violation of the Student Code; however, Administrative Officers are empowered to make decisions whether or not a violation of the Student Code has occurred.

8. At the conclusion of the meeting, if a decision has been reached by the Administrative Officer, the student will be informed of that decision and the sanction, if any. The student will also receive written verification of that decision in a timely fashion. If the Administrative Officer is not able to arrive at a decision at the conclusion of the meeting, the student will be informed of the outcome in written form in a timely fashion. A copy of this letter will be placed in the Student File.

Information in the Student File is confidential, but it may be used for legitimate educational purposes, including conferring prizes and awards, providing recommendations and imposing disciplinary actions. 

Committee on Student Conduct Hearing Procedures

1. Process

Any member of the College community (student, faculty, or professional staff) may submit a report to the Office of the Vice President and Dean of Student Affairs. Designated administrators within the Office of the Vice President and Dean of Student Affairs shall make a determination of whether the matter warrants a referral to the Committee or to a different resolution process.

The Vice President and Dean of Student Affairs and the Dean of Students are also authorized to refer any matter to the Committee without regard to whether the matter was raised by a source outside the Office of the Vice President and Dean of Student Affairs.

A student accused of academic misconduct may not drop the course in question until the student's case has been resolved.

b. Procedures

The object of these procedures is to provide a fair process that enables the College to have a reasonable opportunity to obtain facts and evaluate evidence. A hearing is not a trial, and these procedures should not be followed mechanically without consideration of the circumstances. No failure to follow these procedures will be the basis to change a disciplinary decision unless it has resulted in prejudice to the individual or individuals involved. When appropriate, the Vice President and Dean of Student Affairs and the Dean of Students have the authority to specify alternative procedures for deciding matters of student discipline.

The Committee on Student Conduct has jurisdiction in cases of academic and non-academic misconduct of individuals and recognized student organizations. The Committee observes the following procedures:

     1.  The Dean of Students or designee will meet with the accused student to discuss the alleged misconduct prior to the hearing. At the pre-hearing interview the student will be advised of the charges against him or her, the procedures followed by the Committee, the Student Code and the student’s responsibilities in the hearing process.

     2.  The student will be informed in writing of the charges against him or her and that it is the student’s responsibility to present his or her case before the Committee.  This notice will be provided at least five (5) working days before the scheduled hearing date to insure adequate opportunity to prepare. The specific time and location of the meeting will normally be stated in this notice.

     3.  Statements written by those who referred the matter to the Office of the Vice President and Dean of Student Affairs or the Committee on Student Conduct will be shared with the accused student prior to the hearing.

     4.  The student will be informed of the right to choose and be assisted in the hearing by an adviser who must be a member of the College community. The adviser may be present at the hearing and will be given copies of pre-hearing documents that were given to the student. The adviser may not address the Chair, the Dean of Students or designee, the Committee, or other persons at the hearing unless granted permission to do so by the Chair or the Dean of Students or designee, or unless the student asks the adviser to make either the opening or closing statement on behalf of the student. The roles of the adviser will be to assist the student in preparing for the hearing, to assist the student in preparation of a written statement should one be appropriate, and to consult with the accused during the questioning of the accused student. It is highly recommended that the adviser meet with the Dean of Students or designee prior to the hearing. The Committee may elect to authorize other advisers for the hearing participants at its discretion.

     5.  No member of the Committee on Student Conduct who feels he or she cannot be impartial or who has an immediate interest in a particular case may participate or be present during the proceedings.

     6.  Students may question the impartiality of a member of the Committee prior to the hearing and request their withdrawal from the hearing. To do so, they must state their concerns in writing to the Chair. The Chair will then consult with the member in question. The final decision rests with the Chair.

     7.  All hearings are closed.  However, the Chair of the Committee may authorize the attendance of any person it believes may serve a legitimate purpose in the hearing process.

     8.  The Committee will attempt to conduct the hearing in one session.

     9.  The Committee will not consider written or oral statements against the student unless the student has been made fully aware of their content and of the names of those who made them, and unless the student has been given the opportunity to rebut unfavorable inferences which might otherwise be drawn. At the hearing, witnesses may be called by the Committee, by those who referred the matter to the Committee, and by the accused student(s). The Committee has the discretion to determine which witnesses and what evidence it will hear to provide the charged student with a fair hearing. The student’s list of requested witnesses and any written information being submitted by the student for the Committee’s review must be submitted to the Dean of Students or designee at least two (2) working days prior to the hearing.

    10.  At the hearing, witnesses are heard. The student then gives an accounting of the circumstances leading to the allegations. The Committee queries witnesses and then the student, who has the right to question the witnesses after the Committee.

    11.  The Committee deliberates in private after hearing the witnesses and evaluating evidence. In making its final decision, the Committee will review all of the information and determine whether it is “more likely than not” that the accused student is in violation of any part of the Student Code. The Committee must first determine if the accused is in violation of any part of the Student Code. If the student is found to be in violation, the Committee will make a recommendation to the Office of the Vice President and Dean of Student Affairs for an appropriate sanction. At this time, background information may be brought to the Committee’s attention to assist it in determining an appropriate sanction. In determining the appropriate sanction, the student’s entire conduct record may be considered.  The Office of the Vice President and Dean of Student Affairs typically gives substantial weight to the recommendation of the Committee, but reserves the right to revise the sanction that Committee recommends, or to impose one if deemed necessary.

    12.  Once the Office of the Vice President and Dean of Student Affairs has concurred with or revised the sanction recommended by the Committee, or imposed a sanction even if the Committee does not find sanctionable conduct, the student is informed as soon as possible of the decision. Written notification of the decision by the Committee and/or the Office of the Vice President and Dean of Student Affairs will be mailed to the accused, with such notification typically sent within four working days of the hearing. The letter will also refer the student to information about the procedures involved in the decision. The person who brings the charge will be informed of the outcome of the hearing, unless the Office of the Vice President and Dean of Student Affairs decides otherwise. In sexual assault cases, the person bringing the charges will be informed of the outcome of the hearing.

    13.  The sanction goes into effect as determined by the Office of the Vice President and Dean of Student Affairs and ordinarily remains in effect during the appeal process. The student may request that the sanction be postponed during the period of the appeal. If an appeal is submitted, the Dean can give this permission after consulting with the Chair.

    14.  Copies of sanction letters are placed in the Student File, but there is no notation to the academic transcript, except for sanctions of Probation, Suspension and Expulsion. Information in the Student File is confidential, but it may be used for legitimate educational purposes, including conferring prizes and awards, providing recommendations and imposing disciplinary sanctions. 

General Provisions for Both Resolution Processes

a.  Pending investigation of the alleged misconduct by the Office of the Vice President and Dean of Student Affairs or pending a hearing before the Administrative Officer or Committee on Student Conduct when the Vice President and Dean of Student Affairs or designee has not yet imposed a penalty, the academic status of the student is not normally altered, nor is his or her right to be present on campus to attend classes normally suspended, except for reasons relating to the safety and well-being of College property or the physical, academic, or emotional safety or well-being of members of the College community. The decision as to whether to suspend any of the student’s rights during the pendency of any proceedings or appeals rests with the Office of the Vice President and Dean of Student Affairs. Where that office determines that it is necessary or advisable to temporarily suspend the rights of a student pending investigation or a Committee hearing, efforts will normally be made to expedite the investigation and/or hearing.

b.  Lawyers/advocates who are not College employees are not permitted at any Committee hearing, informal or formal.

c.  Involved students are expected to attend the Committee hearing and cooperate in the Committee procedures. A student who fails to cooperate in the Committee proceedings may be excluded from the hearing at the discretion of the Committee, and the Committee may proceed to hear the case and make a decision.

d.  An accused student who fails to attend the administrative review or Committee proceeding risks a recommendation of the Administrative Officer or Committee based upon the information reviewed.

e.  When a student accused of serious misconduct has left the College before the case can be heard by the Committee on Student Conduct or the Vice President and Dean of Student Affairs or the Dean of Students or designee, the following procedures are invoked:

• The student will be notified in writing of the charges being brought against him or her and of the time, date and location of his or her hearing before the Committee on Student Conduct.

• The student will also be notified in this same communication that the hearing can and will be held without him or her being present.

• The hearing will be conducted following normal procedures including the rendering of a decision and the student’s access to the appeal process.

f.  All information about student disciplinary matters, including names, details of the incident and outcomes, is confidential unless otherwise specified within the Student Code. Students found to be in violation of this stipulation will be subjected to discipline as outlined in the Student Code.

g.  Students who are suspended or expelled from the College or who are removed from College-owned residential facilities due to disciplinary action are normally not given refunds for fees/tuition paid. Refund decisions are made using the College's published refund schedule and procedures.