Pathfinder

Conduct Procedures

Conduct Procedures 

Incident Reporting | Interim Suspension / Measures | Processing Reports | Restorative Justice | Community Standards Responses | Safety First Response | Appeals | Parental Notification | Policy on Disciplinary Records 

 

The following procedures apply when a student is alleged to have violated the Student Community Standards, the Freedom of Expression policy, or any other College policy which does not have its own separate enforcement procedures. A student also may be subject to discipline arising out of the same or related facts and circumstances under the Honor Code; the Anti-Discrimination Policy and Procedures; and/or the Gender-Based Discrimination, Sexual Harassment, and Sexual Violence Policy. Please refer to the enforcement procedures for violations of the Honor Code; the Nondiscrimination and Anti-harassment Policy and Procedures; and the Gender-Based Discrimination, Sexual Harassment, and Sexual Violence Policy and Procedures (Title IX). The College will decide how to address any situation which potentially involves violations of multiple policies on a case-by-case basis.  

A. Incident Reporting

Any person, including students, College employees, or third parties (visitors, neighbors, etc.), may report an incident of alleged misconduct by a student or group of students. The person reporting the incident can be the alleged victim, a witness to an incident, or someone who otherwise has sufficient information (written evidence, recordings, video, images, etc.) to submit a report. While there is no time limit on reporting alleged policyviolations, those who are aware of misconduct are encouraged to report it as quickly as possible. Delay in reporting may impact the College’s ability to investigate and adjudicate allegations of misconduct and/or determine whether there has been a policy violation.  

A report may be made in person to any College Official. Individuals may also submit reports online by using the or through the anonymous reporting system, Speak Up. Certain College Officials are designated as confidential resources who, in some circumstances, are exempt from the obligation to report a policy violation. Reporters should discuss directly with a confidential resource the conditions for maintaining confidentiality before sharing any information in confidence. If you have questions about confidential resources on campus, please reach out to the Student Life Office. If opting to make a report in person to a College Official, the reporter must make clear they are attempting to make a formal report of misconduct that they would like to have investigated and addressed by the College. Information on what happens when a report is submitted is addressed in section “C. Processing Complaints” of this policy.  

B. Interim Suspension / Measures

There may be cases in which the alleged behavior of a student poses an unreasonable risk of (i) substantial harm to the health or safety of one or more members of the College community or to the preservation of College property or (ii) substantial disruption of or interference with the operations of the College. In such cases, the Vice President of Student Life/Dean of Students, the Assistant Dean of Students, or their designee has the authority to impose interim safety measures including interim suspensions. Interim measures shall be imposed only as a safeguard, shall be temporary, shall not be recorded on the student’s transcript or permanent records, and shall not be weighed as a factor in determining a policy violation or a disciplinary sanction.   

While interim suspension is in effect, a student may be denied access to College premises, including housing or classrooms, as well as College activities, such as academic coursework, student employment, student activities, College-sponsored events, or any other events held on College property pending the outcome of the conduct proceedings. The Vice President of Student Life/Dean of Students, the Assistant Dean of Students, or their designee will seek to limit the scope of the suspension, and any other interim measures, to the amount of time necessary to complete the conduct process or until an ongoing threat is no longer perceived in order to limit the impact to the academic progress of the student(s) as much as possible. Any student who has legitimate business on campus while serving an interim suspension must receive written authorization from the Vice President for Student Life/Dean of Students, the Assistant Dean of Students, or their designee prior to coming to campus. Examples of legitimate business on campus include, but are not limited to, attendance at a mandatory meeting or obtaining access to records. 

The Vice President for Student Life/Dean of Students, the Assistant Dean of Students, or their designee may also impose additional or alternative interim measures while the outcome of the Conduct Proceedings is pending. Such additional or alternative interim measures may include, but are not limited to, no-contact orders, housing changes, or other requirements determined necessary.   

In all cases in which interim measures, including interim suspension, are issued, the student(s) shall be notified in writing of the actions being taken and the reason(s) or basis for the imposed measures, to the extent the information is permissible to disclose. Other students or employees affected by the interim measures may also be notified. After receiving notice of an interim measure, the student(s) may request a meeting with the Vice President of Student Life/Dean of Students, or their designee to challenge or contest one or more of the following: the need for interim measures, material facts of the initial report, or the specific interim measure issued. This meeting shall be held as soon as practicable under the circumstances and does not replace the Conduct Proceedings outlined below or the enforcement processes outlined in any other applicable policy. 

When interim measures are imposed, students are expected to abide by those measures until informed otherwise. Challenging the interim measures does not put the interim measure on hold while the challenge is reviewed. Students who violate interim measures are subject to additional disciplinary action, including, but not limited to Abuse of Conduct Procedures, Unauthorized Access, and Non-Compliance policy violations. 

C. Processing Complaints

The Assistant Dean of Students, or their designee, will review each report and determine whether the information presented would, if proven, constitute a violation of college policy by a student. If a report passes this threshold review, then it will be referred to as a Complaint, and the student who is alleged to have violated College policy will be referred to as the Respondent. 

The Assistant Dean of Students, or their designee, shall then determine the appropriate procedure(s) for addressing the Complaint. In determining the appropriate procedure for addressing a particular report, the Assistant Dean of Students, or their designee, may consider, among other factors, the nature and severity of the alleged misconduct, the prior conduct record of the Respondent, whether the student was employed by the College, and the impact on individuals or the community of the alleged violations. 

When a Complaint is pursued, the College shall notify the Respondent of the following: a summary of the allegation(s), the process by which the report will be addressed (possible processes outlined further below), and the maximum penalties which will be considered if the Respondent is found responsible for the violation(s). The standard of proof needed to determine whether a violation has occurred is a preponderance of the information, meaning that the information shows that it is more likely than not, or more than a 50% likelihood, that a violation occurred and for which the Respondent is responsible.  

Procedures for resolving Complaints of student misconduct include: 

  1. Discrimination Procedures. Alleged misconduct falling within the College's Anti-Discrimination Policy and Procedures or the Gender-Based Discrimination, Sexual Harassment, and Sexual Violence Policy and Procedures will be reviewed by the AVP of Civil Rights and Title IX, or their designee, who will then ensure that the applicable procedures are followed. 
  2. Academic Misconduct. Complaints that may be a violation of the College’s Honor Code will be addressed through the Honor Council. 
  3. Conduct Conference. Complaints of misconduct not falling within the Honor Code or Anti-Discrimination, Gender-Based Discrimination, Sexual Harassment, or Sexual Violence may be forwarded to a Conduct Officer for adjudication through a Conduct Conference. 
    1. Conduct Officers include but are not limited to Residential Life Coordinators, Residential Experience Senior Administrators, The Assistant Dean of Students, The Dean of the College/Chief Operating Officer, and The Vice President of Student Life/Dean of Students, or their designee. All Conduct Officers possess the authority to issue primary and/or secondary responses (as defined below) to resolve the Complaint, redress harm, and prevent further violations.  
    2. A Residential Life Coordinator (RLC) is authorized to impose any primary response up to and including Disciplinary Probation, as well as any appropriate secondary response.  
    3. The Assistant Dean of Students, or their designee, is authorized to impose any primary response up to and including Suspension, as well as any appropriate secondary response.  
    4. The Dean of the College/Chief Operations Officer, the Vice President for Student Life/Dean of Students, or their designee, is authorized to impose any primary response up to and including Dismissal from ºÚÁϳԹÏ, as well as any appropriate secondary response. 
  4. Restorative Justice. Complaints which involve interpersonal conflict or those with significant community impact may be referred to the Restorative Justice Process as outlined in section “D. Restorative Justice” below. The Assistant Dean of Students will determine if a Complaint is appropriate for Restorative Justice, and all parties involved must agree to this process voluntarily. If the parties do not agree to a Restorative Justice process, the Complaint will be resolved through another resolution procedure, and the parties will be so notified. 
  5. Conduct Panels. While most Complaints will be resolved through a Conduct Conference, some Complaints may be referred to a Conduct Panel (or “Panel”). These include Complaints involving, but not limited to, violence or threatened violence, substantial harm to property, substantial disruption to College operations, a Respondent with prior disciplinary sanctions, multiple victims, or multiple policy violations. The Vice President for Student Life/Dean of Students, Assistant Dean of Students, or their designee will make the decision as to which Panel form will be utilized. All Panels will be chaired by the Assistant Dean of Students, or their designee, who will oversee the Panel and ensure compliance with all procedural guidelines. 
    1. There are two forms of Conduct Panels:  
      1. Community Standards Response Panel: A panel that may consist of faculty members, staff, and students. This panel has the authorization to impose primary responses up to and including Suspension and appropriate secondary responses. This panel typically will hear cases involving student clubs/organizations, potential policy violations that have significant impact on the learning environment, and cases with Respondents who have extensive conduct histories. 
      2. Administrative Panel: A panel consisting of two to three College staff members. This type of panel may impose primary responses up to and including Dismissal and appropriate secondary responses. This panel would typically hear cases involving possible violations that took place off campus; cases involving sensitive or confidential information about other students, such as medical, sexual, financial, and family information; or cases that involve significant safety risks to the campus community.  

If a report is assigned to a Panel for review, the Respondent will be notified via College email. At that time, the Respondent can request a meeting with the Assistant Dean of Students, or their designee, to review the Complaint, any evidence collected by or submitted to the College that will be considered by the Panel, and discuss Panel procedures. Respondents will be provided with the names of all Panel members and given 48 hours to challenge any Panel member’s participation if there is reason to believe a proposed Panel member may be biased against them. The Vice President for Student Life/Dean of Students or Assistant Dean of Students will review any bias challenge and make a final determination of whether a Panel member may participate. Any replacement Panel members will be selected by the Vice President for Student Life/Dean of Students or their designee, and the Respondent shall have an additional 48 hours to challenge any replacement member for bias. In their deliberations, Panel members will consider all relevant information, which may include information discovered during meetings with the Respondent and Reporter; make a determination regarding whether any policy violation has occurred; and, if appropriate, issue a response. 

When resolving any Complaint through the Conduct Process, either through a Conference or Panel, the following procedures apply: 

  • The Respondent will be presented with the allegations in the Complaint in written form, prior to meeting with a Conduct Officer or Panel, and the Respondent shall be presumed not responsible for the policy violations alleged in the Complaint. 
  • Support Persons:  
    • Respondents may be assisted throughout the Conduct Process by a Support Person of their choosing. Support Persons are subject to the following conditions: 
      • The student’s Support Person may be excluded from Conduct Panels involving private, confidential, or sensitive information. 
      • Co-Respondents may not be Support Persons for other Co-Respondents. 
      • A Support Person may not also serve as a witness in the Conduct Process; 
      • Because the Respondent is responsible for responding to the Complaint, the Support Person may not actively participate in the Conduct Process. The Support Person may not write or speak on behalf of the Respondent, directly address the Conduct Officer or Panel, or otherwise advocate on behalf of the Respondent. However, a Respondent can request a break during any conduct proceeding to converse with their Support Person. 
      • Conduct Conferences will not be rescheduled due to a scheduling conflict with the Support Person. Accordingly, Respondents should select as their Support Person someone who will be available at the time and date of their Conduct Conference. 
      • Any Support Person who is verbally abusive, disruptive to the process, or persists in trying to inappropriately or substantively participate in the process may be removed from the process and may be barred from future meetings after receiving notice of their misbehavior. 
  • All witness statements made in support of or against the Respondent must be submitted in writing (electronically or on paper) and must involve direct, first-hand information related to the Complaint(s). Parties may not present live witnesses at Conduct Conferences or Panels.  Witness statements, along with all other documents presented at the Conduct Conference or Panel, will be included in the process at the sole discretion of the Conduct Officer or Panel. 
  • Prior conduct history will not be introduced or used to determine if a violation of policy occurred but may be introduced and considered to show that the Respondent was following an established pattern of conduct or when determining the appropriate response to a finding of a policy violation; 
  • Conduct Conferences and Panels will be held in private. However, cases with more than one Respondent involved in the same fact pattern may be held jointly at the discretion of the Conduct Officer or Panel; 
  • All procedural challenges are subject to the final decision of the Assistant Dean of Students or their designee. 
  • The following will act as a general outline for Conduct Conferences and Panels: 
    • The Assistant Dean of Students, or their designee, will review the Student Rights and Responsibilities with the Respondent. 
    • The Conduct Officer or Panel will share the details of the incident with the Respondent. 
    • The Conduct Officer or Panel will provide the parties with an opportunity to present information concerning the Complaint that the party would like the Conduct Officer or Panel to consider, such as written witness statements, photographs, recordings, communications, etc.   
    • The Conduct Officer or Panel will ask clarifying questions regarding the events alleged in the Complaint and any additional information provided by the parties. 
    • The parties will be excused while the Conduct Officer or Panel deliberates. 
    • After the conclusion of deliberations, the Conduct Officer or Panel will invite the Respondent to discuss in person, or remotely, the issuing of findings, summary explanation of the rationale, and responses (when applicable). 
    • At the conclusion of the Conduct Conference or Panel, the Respondent will be notified in writing of the outcome of the case. This will include primary and secondary responses (if applicable), which the Respondent will be required to perform or abide by. 
    • The College may notify other parties of the outcome and/or the responses, as appropriate in the circumstances and as permitted by applicable laws.  
  • Appeals 
    • Respondents may appeal a responsibility finding and/or a primary or secondary response within 7 days after receiving written notification of the case outcome. 
    • Additional appeals procedures are outlined below. 
  • Closing a Complaint. 
    • A Complaint is considered resolved and closed when (i) the Respondent is found not responsible or (ii) the Respondent has completed the assigned primary and secondary responses (as applicable). 
  • Procedure where Respondent is absent: 
    • If a Respondent has been notified of a Conduct Conference or Panel and does not appear, the information in support of the alleged policy violation may be presented, considered, and upon which a decision may be made, even in the Respondent’s absence. 
    • If a Respondent voluntarily withdraws from the College during a pending Conduct Process, the College may choose to pursue a Complaint with or without the Respondent’s continued participation in the process. In these cases, a decision will be made based on the information available at the time, and any findings will be reflected in the Respondent’s conduct records. 

Note on Procedures: Minor deviations from these procedures will not invalidate the outcome of an otherwise fair process nor provide grounds for appeal. 

Note on Disability Accommodations: Just as students with disabilities may be eligible for accommodations in their classes and living environments and other aspects of their educational experience at the College, accommodations may be available for Conduct procedures as well. Students with disabilities requesting accommodations should contact the Office of Accessibility Resources by calling (719)227-8285. 

D. Restorative Justice 

Restorative justice practices may be used as an alternative to traditional conduct processes or may be used in conjunction with, or parallel to, traditional conduct processes. Restorative justice practices are defined as practices that emphasize repairing the harm caused to individuals and the community by the Respondent. Restorative justice practices include facilitated meetings attended voluntarily by the Respondent(s), the harmed parties, and may include community members. By engaging the parties in voluntary dialogue, restorative justice practices provide an opportunity for the Respondent to accept responsibility for the harm caused by the Respondent, promote healing on the part of the harmed party, and enable the participants to agree on outcomes with an eye towards repairing the harm caused. 

While ºÚÁÏ³Ô¹Ï seeks to incorporate aspects of restorative justice practices into all conduct proceedings, restorative justice may not be appropriate for some Complaints. The Assistant Dean of Students will review every report of alleged misconduct to determine if it may be appropriate for a referral to formal restorative justice proceedings. Factors that may be considered include the impact of the alleged behavior on the involved parties and the College community; the willingness of the Respondent to accept responsibility for any harm caused; the desire of the involved parties to repair the harms caused and rebuild damaged relationships; and the possibility for the Respondent’s reintegration back into the campus community. 

If a Complaint is deemed appropriate for referral to a formal restorative justice process, the following steps will take place: 

  • The Assistant Dean of Students will schedule an intake meeting with the Respondent to discuss the Complaint and the restorative justice process and to gauge the Respondent’s willingness to accept responsibility and pursue a restorative justice process voluntarily. 
  • In cases where the Respondent shows willingness to pursue restorative justice and the Assistant Dean of Students feels the Complaint is potentially appropriate for the same, the Assistant Dean of Students will reach out to the individuals allegedly harmed by the Respondent’s actions to gauge their willingness to participate in the process. While it is preferable to have a harmed party participate in a restorative justice process, the harmed party is not required to do so. If such a situation arises where a harmed party is unwilling to participate in the process, the College may still choose to pursue a community-based restorative justice process in the harmed party's absence. 
  • The Assistant Dean of Students will work with the involved parties, both the Respondents and the harmed parties (should they choose to participate), to identify any other parties that may have been either directly or indirectly impacted by the Respondent’s behavior.  
  • The Assistant Dean of Students will identify a trained facilitator to oversee the restorative justice process. This may be the Assistant Dean of Students or another trained staff member. 
  • A facilitated restorative justice conference will take place and will be guided by the following tenets of restorative justice: 
    • Encounter  
      • The Encounter is the starting point and is a facilitated meeting(s) that brings together the people most impacted by an incident to determine how to repair harm. Encounters start with an invitation, and all parties participate voluntarily. There are three keys to effective Encounters: 
        • Before Respondents can participate, they must take responsibility for their wrongs and want to make amends. 
        • All parties impacted by the violation have a voice in the justice process. 
        • Meetings that are Encounters occur in safe spaces, foster vulnerability, and include free sharing without judgment. 
    • Repair 
      • Because certain incidents harm people and damage relationships and communities, restorative justice seeks to repair harm from a broad perspective. Each stakeholder has unique needs that arise from an incident. Repair addresses: 
        • The harmed individual(s)’s need for healing. Those harmed heal through the Encounter and its outcomes. 
        • The Respondent(s)’s need to make amends for wrongdoing and work to regain good standing in the community. Encounters empower accused individuals to make amends directly to the harmed and, potentially, to community members. 
        • The community’s need for relational health and safety. 
    • Transform 
      • Restorative Encounters create spaces that lead to transformed individuals—those harmed and those accused—and pinpoint root causes of harm, even systemic and structural issues. 
  • These conversations are entered into with a shared understanding of speaking honestly, listening completely, and treating all parties with respect. If at any time any party in the process comes to believe that others are not there in good faith, or that there is not an acknowledgment of the harm caused, the facilitator reserves the right to cancel the process and refer the Complaint back to the Vice President for Student life/Dean of Students, the Assistant Dean of Students, or their designee for review.  
  • All parties in the restorative justice process will work together to identify a set of outcomes they feel will go towards repairing harm, rebuilding relationships, and reintegrating into the community. 
  • The set of outcomes identified by the restorative justice process parties will be forwarded to the Assistant Dean of Students for documentation, and a follow-up meeting with the Respondent will be held to discuss how each of the identified outcomes will be achieved. The Respondent will receive an email with verification of the outcomes discussed.  
  • Any outcomes agreed to in the restorative justice process are not appealable. 
  • If the Respondent is unable to complete the restorative justice process, the Complaint will be resolved through other Conduct Proceedings. 
E. Responses to Policy Violations

When a Respondent has been found to be responsible for one or more policies violations, the Conduct Officer or Panel will issue responses as appropriate. When determining appropriate responses, the College may consider a variety of factors including, but not limited to: 

  1. The nature and severity of the conduct, including whether the conduct involved a single incident or repeated acts demonstrating a pattern of misconduct; 
  2. The impact of the conduct on the Respondent, other individuals, and/or the College community; 
  3. The Respondent’s conduct history; 
  4. How the College has responded to similar incidents in the past; 
  5. Whether the Respondent has accepted responsibility; and 
  6. Any mitigating or aggravating circumstances with respect to any parties involved in the case.  

If a Respondent violates multiple policies, such as the Honor Code or the Gender-Based Discrimination, Sexual Harassment, and Sexual Violence Policy, and such violations arise out of the same or related facts and circumstances, the College may consider the outcomes of those proceedings in determining appropriate responses. 

The College utilizes a non-codified system in response to conduct violations. This means that the College does not have a prescribed list of outcomes for any particular violation. Responses will vary depending on the specifics of the case and the students involved. All responses are designed to be educational or developmental in nature and are not meant as a punishment, but rather as an opportunity for the Respondent to learn from their behaviors and make better choices moving forward. Respondents who accept responsibility for their violations may be asked or encouraged to help develop responses that will best meet the student's developmental needs or repair harm to the community. Multiple responses may be assigned for one violation.  

Responses may fall into one of two categories: 

  • Primary Responses: Responses that may affect a student’s, or a student organization’s, status with the College; limit their opportunities and privileges on and off campus; or may restrict how the student, or group may, function on campus or at College events. 
  • Secondary Responses: Responses designed to engage students, or student organizations, in education, development, and/or self-reflection, or which are meant to repair harm and rebuild community trust. 

These responses may be issued in any combination and are not to be considered incremental. A student or group may receive the most severe response, even for a first offense. All responses take effect when the appeal for the case is exhausted, waived, or the time limit for appeal has passed.  

Examples of these responses include, but are not limited to, the following: 

  • Primary Responses (Students): 
    • Reprimand: A written reprimand from the College that the conduct is unacceptable and must not be repeated. 
    • Housing Restriction: Restrictions placed on a residential space on or off campus, including but not limited to, restricting the number of guests a student may have over, banning the hosting of parties, increasing the quiet hours of a living space, or restricting the type of housing in future housing selections. Students sharing a room/apartment/house are responsible for the activities in that space and, thus, all students sharing a room/apartment/house may be placed on housing restriction, regardless of who was present at the time of an incident. 
    • Room Change: Relocation to a different residential community. 
    • Disciplinary Probation: A formal notice that any additional findings of responsibility may result in Suspension or Dismissal from the College. A student who is on Disciplinary Probation may not be eligible to study abroad or attend classes taught off campus. Disciplinary Probation may also preclude a student from attaining or maintaining certain leadership opportunities or representing the College in formal public settings. 
    • Deferred Sanction: A response of Suspension or Dismissal may be deferred pending a student's successful completion of conditions imposed by the Vice President for Student Life/Dean of Students, the Assistant Dean of Students, or their designee; these conditions may include other responses. In cases in which a Suspension or Dismissal may take place within the last week of a block, the Vice President for Student Life/Dean of Students, the Assistant Dean of Students, or their designee, may allow for the suspension to be deferred to the end of the block at which time the response will go into effect immediately. Students placed on Deferred Sanction are subject to the same limitations as those serving Disciplinary Probation. When a student is found in violation of College policy while serving out a deferred response, the deferred response will become effective immediately after the appeal period expires or an appeal is denied. Additional responses may also be imposed for the new violation. 
    • Persona Non-Grata: Prohibiting entry on campus (or at specific places on campus) and/or at College-related events, for a specific amount of time. 
    • Suspension: Exclusion from the College with the opportunity to rejoin after a designated time. Suspension is intended to acknowledge the harm a student's behavior has caused the College community, allow the community time to heal, and afford the student an opportunity to reflect upon the impact of their conduct on themselves and others. This is why students who are suspended are often asked to complete a reflection about their actions, the impact of those actions on the community or others, what steps they would take in the future to avoid a similar outcome, and how they have improved themselves while away from the College. These reflections may be an addition to any other requirements which their return to campus may be contingent upon. During a suspension, students cannot participate in any College activities such as academic coursework, student employment, student activities, or College-sponsored events. Suspended students may not be on College property for the duration of the Suspension, unless they receive prior approval from the Vice President for Student Life/Dean of Students, the Assistant Dean of Students, or their designee; financial aid or scholarships may also be impacted, and they will not receive tuition refunds. Students who are suspended are not permitted to take classes at other institutions for credit, unless they receive approval to do so through the Dean of the College/Chief Operations Officer, the Vice President for Student Life/Dean of Students, or their designee.  
    • Dismissal: Permanent exclusion from the College, its premises, and all of its activities; dismissed students are not eligible for readmission to the College. 
  • Primary Responses (Student Groups): 
    • Disciplinary Probation (Student Group/Organization): A formal written notice that any additional conduct violations could result in the suspension of the student group's status. 
    • Social Probation (Student Group/Organization): Limiting the student group's social activities, including, but not limited to, limitations on living units, Fraternity/Sorority chapters, and student organizations. 
    • Limitations on Activities: Limiting the student group’s privileges on campus or at events, including restrictions on participation in certain events and/or use of certain areas, facilities, or resources. 
    • Suspension of Status: Suspending recognition, registration, or chartering of a student group. 
  • Secondary Responses: 
    • Educational Responses: Required attendance at an event or interview that is relevant to a specific topic. This is often accompanied by a reflection/research paper requirement. Participating and completing relevant educational programs or training and paying the cost of such programs is the responsibility of the student. 
    • Conversation with a College Official: A documented conversation with a College Official. 
    • Research Papers: A writing assignment requiring critical analysis and articulation of a specified topic. 
    • Reflection Paper: A writing assignment requiring that the student process and reflect upon the actions which led to a policy violation or what the student learned from an Educational Response. 
    • Restitution: A monetary or service response required to pay for the cost of repairing or replacing physical damage or any other cost incurred as a result of the student's conduct. 
    • Restorative Service: A student may be offered the opportunity to complete some form of service which is designed to repair specific community harms. The student and the Conduct Conference Body will work with the appropriate organizations to determine exactly how the student will go about repairing the harm. 
    • Updated Roommate Agreement: A revision of the mutually agreed upon written contract that students sharing a living space create and agree to uphold. 
    • Letter of Apology: If a student acknowledges responsibility for a violation that has directly impacted one or more persons, they may be asked to write a letter to those persons apologizing for their actions. 
    • Additional Responses: Conduct Officers and Panels are encouraged to be creative in determining ways in which they respond to violations of College policies. This list is not intended to be exhaustive but rather an acknowledgment of the most frequent responses issued. As responses are meant to be both educational and restorative, if students and the Conduct Officer or Panel can think of other outcomes which will meet this end, they are encouraged to pursue those options. 
F. Safety First Response Policy

ºÚÁϳԹÏ's primary concern remains at all times the health, safety, and well-being of its students. While the College encourages all students who choose to engage in the consumption of alcohol or other intoxicants to do so in a safe and healthy manner, these activities carry inherent risks. ºÚÁÏ³Ô¹Ï seeks to reduce barriers to the reporting of alcohol and drug-related emergencies through the implementation of our Safety First Response Policy. 

The first step is identifying an alcohol or drug emergency. Students are encouraged to familiarize themselves with the signs and symptoms of alcohol and substance overdoses, including but not limited to: 

  • Loss of consciousness, non-responsiveness to a pain stimulus such as a pinch, or inability to wake; 
  • Mental confusion/disorientation, inability to answer simple questions such as where the student is, what day it is, and who the president is.; 
  • Irregular or shallow breathing; 
  • Blue-tinged or pale/clammy skin; 
  • Uncontrollable vomiting or blood in vomit; 
  • Difficulty focusing eyes; 
  • Seizures; and/or 
  • Arrhythmia (irregularities in the rate or rhythm of a heartbeat).  

If one or more of these signs or symptoms are observed, students are encouraged to call Campus Safety or other emergency service providers for support.  

The second step is taking action to protect those in danger. Bystanders and participants should take responsible, proactive measures to ensure the health and safety of themselves or others during an emergency. Responsible, proactive measures means: 

  1. Calling community or campus resources for assistance in an emergency; 
  2. Staying until emergency service providers respond; and 
  3. Complying with any requests of emergency service providers as well as any College Officials also responding to the scene.  

As long as the above steps are taken, the College will offer a modified response process to the individuals whose health and safety were in danger and the individuals who took responsible, proactive steps to safeguard those in danger. A Safety First response does not constitute total amnesty; rather, it requires a non-disciplinary meeting to discuss the situation and any unsafe behaviors. The College's goal is still to engage students in educational conversations around substance use and to be able to provide appropriate resources. 

Generally, the College will not utilize a Safety First response if the conduct and behavior in question include acts of violence, vandalism, or results in physical harm to others. The College may also consider if students actively provided alcohol to minors or were engaged in the sale or distribution of drugs. While the College may utilize a Safety First response multiple times for the same student, the number and frequency of incidents may also be considered in determining if a Safety First response is appropriate for a particular incident. If students are also employees of the College and their conduct violates their employment agreements, the College will determine whether the students continue their employment and under what conditions independent from this policy.  

With respect to amnesty in connection with incidents of sexual misconduct, please refer to the Gender-Based Discrimination, Sexual Harassment, and Sexual Violence Policy.  

G. Appeals

Any student who is found responsible for any violation of College policy may appeal such findings or any responses imposed. A student is limited to submitting one appeal per case.  

An appeal may be based on one or more of the following grounds only: 

New Information: 

  • New information that was not known at the time of the original conduct process and is sufficient to alter a decision.  

Failure of Process: 

  • Allegations that the Residential Life Coordinator, the Conduct Officer, the Conduct Panel, the Vice President of Student Life/Dean of Students, the Assistant Dean of Students, or their respective designees deviated substantially from the Conduct Procedures in a way that unfairly affected the determination of responsibility or the response imposed. 

Bias in the Decision-Making Process: 

  • Information demonstrating that a person involved in determining responsibility for a policy violation acted with a bias which affected the outcome of the case. 

Severity of Outcome: 

  • A student who acknowledges responsibility for a policy violation may challenge a response on the grounds that it is grossly disproportionate to the violation.  

Appeal Procedures: 

Appeals must be requested by the student within seven calendar days from the date of receipt of an outcome letter advising the student of the finding of responsibility and response. Appeal forms must be filled out in their entirety and should include detailed information relevant to support the appeal. 

All cases which result in a response up to and including Disciplinary Probation will be reviewed by the Vice President for Student Life/Dean of Students, Assistant Dean of Students, the Associate Vice President of Student Life, or their designee. In cases that result in a response of Suspension or Dismissal, the appeal will be reviewed by the Vice President for Student Life/Dean of Students or their designee. If the reviewing Body finds cause for the appeal to move forward, they may issue an immediate decision or order further review by another Conduct Officer or Panel. 

All appeal decisions will be based on the criteria listed above. The decision may include affirming the findings and response(s), referring the Complaint to another Conduct Process, or modifying the response(s) imposed. If the Appeal Officer modifies the response, they cannot impose a response that is more severe than what was imposed in the original Conduct Conference or Panel. However, if the Appeal Officer refers the case to another Conduct Officer or Panel, that Conduct Officer or Panel will have the ability to impose the maximum response allowed. 

Note: Responses do not take effect until the time for appeal has expired or the appeal is denied. 

Emergency Contact/Legal Guardian Notification

At the discretion of the Vice President for Student Life/Dean of Students, or their designee, and in accordance with applicable law, including FERPA, the College may contact a student's legal guardian to inform them of the finding of responsibility and any responses in cases that so warrant, including, but not limited to, cases involving alcohol or drugs or where the student's well-being was significantly endangered.

Additionally, in cases where interim measures are put in place, the Vice President for Student Life/Dean of Students, or their designee, may contact a student’s legal guardian or emergency contact to ensure the student’s safety if removed from campus in the interim. 

I. Disciplinary Records

Reports of allegations that a student may have violated College policy will generally result in the creation of a student conduct file. These files are maintained for as long as needed by the College or as required by law.  

Student conduct files are maintained and controlled by the Student Life Office. In order to protect the privacy of these records and reduce opportunities for harassment and/or retaliation, the Student Life Office will not generally share or provide copies of these files, except as required by law. While students may request to review their file, in part or in full, at any time in which the College is in operation, students will not receive a copy of their file unless the Vice President of Student Life/ Dean of Students, or their designee, finds that there are no reasonable alternatives for that student to review the file. Files will not be provided to a student's support person without the presence and authorization of the student. Individuals may not record, copy, or photograph any records contained within a student conduct file, except when required by law. 

Note on transcripts: Disciplinary outcomes of Suspension and Dismissal will be permanently maintained on a student's record in the college database. However, these outcomes will not be published on a student’s official transcript. 

J. Record Expungement

The Vice President of Student Life/Dean of Students, or their designee, may expunge student conduct records upon receipt of a written request by the student and subject to the eligibility requirements below. Students who are not eligible for record expungement are: 

  • Students who have been suspended; 
  • Students who have been dismissed; or 
  • Students who have open conduct cases. 

A student is eligible to petition for expungement if: 

  • At the time of consideration, the student is within four credits of graduation or has already graduated.  
  • The student may submit an earlier petition if they can demonstrate with documentation that they are applying to professional or graduate schools or if other meritorious reasons justify an early review of the student’s record.   

Students who are requesting record expungement must explain their reasoning and provide any supporting documentation they deem relevant to the request. Factors to be considered in the review of such petitions shall include: 

  • The student's level of understanding of their behavior and its impact; 
  • The conduct of the student subsequent to the violation; and 
  • The nature of the violation and severity of the impact of the behavior. 
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