Student Handbook - Conduct Code
The accused and the complainant will receive written notice of the charges,
including date and location of the reported incident(s); the type of hearing
that will take place; the date, time and location of the hearing; the hearing
procedures that will be followed; and copies of written statements and other
pertinent information that will be given to the Judicial Body. This notification
may be personally delivered or placed in the accused and complainant’s on-campus mailboxes at
least forty-eight (48) hours prior to the scheduled hearing. In the event a
hearing is scheduled during a break, notice will be sent by certified mail. The
student charged may waive the right to this notice.
If an accused student fails to
appear at the designated time, fails to reschedule with the Dean of Students,
or withdraws from College prior to the resolution of the case, a decision may
still be rendered and an appropriate sanction may be assessed based on the
available information. A hearing may be postponed upon written request to, and
at the discretion of, the Dean of Students.
The accused and the complainant may have an advisor who is a full time employee of the College (faculty, administration, or staff) or student, who is not an attorney or parent/legal guardian, present at the hearing. Advisors are not permitted to participate directly in any hearing. Neither the accused nor the complainant may be accompanied by legal counsel (whether a practicing attorney or not), parents or legal guardians.
- Notes may be taken by the participants in the
hearing solely for personal use. An electronic tape of the proceedings may be
made upon written request from the accused and, in the case of sexual misconduct change,
the complainant or at the election of the College for the purpose of review in
connection with an appeal. This tape will be available only for review by the accused and,
in the case of sexual misconduct changes, the complainant or the College in the
office of the Dean of Students.
- Where and as determined by the Judicial Body to
be appropriate in extraordinary cases, the Judicial Body will make reasonable
accommodation out of concerns for personal safety or well-being of any of the
participants in the process while taking into account the opportunity to hear
and question witnesses.
Hearing by the Judicial Hearing Board, the Student Conduct Board, or the Fraternity and Sorority Conduct Board
- The Judicial Hearing Board is composed of two (2) to five (5) faculty, two (2) to five (5) students, and the chair, a Senior Student Affairs Administrator who will have a vote. The two (2) to five (5) faculty members and the two (2) to five (5) student members of the Judicial Hearing Board will be appointed by the VP of Student Affairs. The recording secretary of the Judicial Hearing Board will be elected annually by the members of the Judicial Hearing Board.
- The Student Conduct Board is composed of nine (9) students and the Director of Student Conduct, who will be present throughout the hearing and the deliberations of the Student Conduct Board, but who will not have a vote. The nine (9) student members of the Student Conduct Board will be appointed by the Student Forum through a procedure to be determined by that organization. The chairperson, the vice chairperson, and recording secretary of the Student Conduct Board will be elected annually by the members of the Student Conduct Board. If the chairperson is unable to preside at a hearing, the vice-chairperson will serve in his/her stead.
- The Fraternity and Sorority Conduct Board shall be composed of seven (7) Students, who shall be three (3) members of the Greek Life Executive Committee, two (2) members chosen by vote of the Greek Life for the IFC, one (1) Member of the Multicultural Greek Council chose by the MGC one (1) member of the Panhellenic Council chosen by the PC, and the Director of Fraternity and Sorority Affairs, who will be present throughout the hearing and deliberation of the Fraternity and Sorority Conduct Board but who will not vote. The Chairperson will be chosen by the Fraternity and Sorority Conduct Board.
- The Judicial Hearing Board, Student Conduct Board and the Fraternity and Sorority Conduct Board have been given the responsibility by the College Administration to adjudicate Proscribed Conduct; however, the Judicial Hearing Board will adjudicate cases involving an alleged violation of the Sexual Assault and Sexual Harassment Policy, and the Fraternity and Sorority Conduct Board will primarily adjudicate cases involving Greek organizations involving allegations of violation of the Greek Recognition Policy and the Social Events with Alcohol Policy. Their purpose is to ascertain the facts of individual cases and make recommendations to the College administration for ultimate disposition. Hearings before the Judicial Hearing Board, the Student Conduct Board, and the Fraternity and Sorority Conduct Board need not conform to requirements of criminal or civil procedure and/or proof. The intent of the procedure is to provide the accused with a fair hearing before his/her peers, to give him/her or the spokesperson of the organization the opportunity to respond to any charges, and to give the accused the opportunity to ask questions of the complainant or witnesses in order to clarify statements presented during the hearing. Within this framework, the Judicial Hearing Board, the Student Conduct Board, and the Fraternity and Sorority Conduct Board may conduct the hearing and make necessary adaptations to fit particular circumstances.
- The Judicial Hearing Board chair, one (1) faculty member and one (1) student member constitute a quorum for conducting a hearing. Student Conduct Board advisor and five (5) student members constitute a quorum for conducting a hearing. The Fraternity and Sorority Conduct Board advisor and three (3) student members shall constitute a quorum for conducting a hearing.
- At the Judicial Hearing Board, Student Conduct Board, or the Fraternity and Sorority Conduct Board Hearing, the chairperson will present the charges and call upon the person bringing the charges to offer information. The accused is responsible for presenting his or her own case and may make a written or verbal statement. The accused, the chairperson, and complainant have the right to present witnesses from the campus community. The accused, the complainant, and any witnesses will be subject to questions from the Student Conduct Board or Fraternity and Sorority Conduct Board. The accused may question witnesses and the complainant in order to clarify statements during the hearing. The complainant may question witnesses and the accused in order to clarify statements during the hearing.
- Findings of fact and disposition of the charge(s) will be determined by a majority of members present at a hearing of the Judicial Hearing Board the Student Conduct Board or the Fraternity and Sorority Conduct Board. A brief summary of the findings will be submitted by the panel chairperson to the Dean of Students, who shall not be bound by the recommendations) in determining sanctions.
In order to determine that the student has violated the Student Conduct Code, a majority of the Judicial Hearing Board, Student Conduct Board or Fraternity and Sorority Conduct Board members present at hearing must conclude
that by a preponderance of the evidence a violation has occurred. A
“preponderance of evidence” means a finding that it is more likely than not
that a violation occurred. The Chairperson of the Student Conduct Board does not vote unless it is necessary to break a tie vote.
Following the hearing, the accused and,
in the case of sexual misconduct change, the complainant will be notified in
writing that based on the information presented:
Conduct has been found and sanctions imposed; or
charges have been dropped; or
violation did not occur.
This notification shall be
mailed to the accused student’s local address or delivered personally within
ten (10) days of the hearing date. If the Judicial Body determines that a
violation has taken place, a copy of this letter will be kept in the accused
student’s judicial file in the Office of the Dean of Students.
Upon a finding of Proscribed Conduct,
the sanctions, including, but not limited to, those listed below may be imposed
by the Dean of Students. Particular sanctions are not necessarily associated
with particular violations, and more than one of the sanctions listed below may
be imposed for any single violation. A student’s history of inappropriate
behavior and the nature or severity of an incident may be considered in
determining appropriate sanctions. If judicial sanctions are not fulfilled by
the sanctioned student, more serious judicial sanctions may be imposed,
including Suspension from the College.
- Campus Service: Requirement that
an accused student complete a specified number of hours working on campus.
- Community Services:
Requirement that the accused locate and become a long term participant in an
organization or project which provides service to the surrounding
community. Particular information will be provided by the Hearing
- Educational Programs: Requirement
that the accused take part in an required educational program on or off campus.
The Judicial Body may require the student to participate in an online
educational program that addresses particular issues.
- Expulsion: Permanent separation
from the College including loss of student status; reinstatement or readmission
is not possible.
- Fine: Requirement to pay a
- Interim Restrictions: Imposition
on an interim basis of any sanction or sanctions listed in this Section.
- Loss of Privileges: Denial of
specified privileges for a designated period of time. These may include loss or
housing privileges or opportunity to participate in term abroad, or in sports.
- Parental Notification: Parent(s)
and/or legal guardian(s) of dependent students may receive notification of
judicial sanctions incurred by their son/daughter in response to violations of
designated policies and specified judicial sanctions.
- Physical Restrictions: A directive
given to an accused student that does not permit him/her/them to be in
specified locations on College Premises.
- Probation: The next violation is likely to result in
Suspension or Expulsion
- Residence Reassignment: Relocation
to another living space on campus.
- Residence Termination: Removal
from campus housing.
- Restitution: Monetary
reimbursement to the College, an individual, or an organization for repair or
replacement of property damaged, stolen or misappropriated.
- Suspension: Separation from the
College community for a defined period of time, usually no fewer than two (2)
Academic Terms. Additional stipulations or conditions for reinstatement may be
assigned. Reinstatement is contingent upon a positive administrative review. A
student under suspension is not allowed to transfer in credit for courses taken
at other institutions during the defined period of time of the suspension.
- Withholding the Granting of a Degree or
Revocation of a Degree: Action by the College to withhold or revoke a
- Written Warning: Written
notification given to a student that continued or repeated inappropriate
behavior may result in more formal judicial action. A letter of written warning
is kept in the student’s Judicial File.