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Student Code of Conduct

Section I. Authority and Purpose of the Student Code of Conduct

1. Authority

The Board of Trustees has authorized the college to establish this Code of Conduct for the purpose of defining the rights and responsibilities of students at the College of Southern Maryland, and establishing a fair and equitable system of procedures for dealing with allegations that a student has violated this code and/or other college rules and regulations.

The President has granted authority to develop policies for the administration of the student conduct system, conduct initial reviews, render decisions, and apply appropriate sanctions in cases of alleged violations of the Student Code of Conduct to the Vice President of Student and Instructional Support Services, and as expressly provided herein, the Student Conduct Administrator and Conduct Review Panels.

Unless otherwise identified by the Vice President of Student and Instructional Support Services, the Student Conduct Administrator on the La Plata Campus and at the Waldorf Center for Higher Education is the Vice President of Student and Instructional Support Services; the Student Conduct Administrator on the Leonardtown Campus is the Vice President and Dean of the Leonardtown Campus; and the Student Conduct Administrator on the Prince Frederick Campus is the Vice President and Dean of the Prince Frederick Campus. The Student Conduct Administrator may appoint an alternate Student Conduct Administrator at his/her campus, on a case by case basis, at his/her sole discretion.

2. Purpose of the Student Code of Conduct

The College of Southern Maryland is primarily an academic community dedicated to meeting the diverse needs of the greater community in which the institution serves. In order to protect and preserve an environment conducive to educational excellence, the college has established the Student Code of Conduct and its associated processes to educate students of their academic, civic, and social responsibilities as individuals and as groups. The general principles set forth in the Student Code of Conduct provide students with clear guidelines as to what is expected of them as members of an academic community, and the kind of unacceptable behavior that may result in college disciplinary action.

When students choose to attend the College of Southern Maryland, they accept the rights and responsibilities of membership in the College’s academic and social community. Each person has the right and ability to make personal decisions about his or her own conduct. Just as importantly, each person has the responsibility to live with the consequences of his or her decision-making. Recognizing its role in developing a sense of responsibility in students, the college uses admonition, example, counseling, and guidance in preference to formal disciplinary proceedings. When a student’s behavior demonstrates otherwise, the college will consider all appropriate disciplinary action.

Section II. Definition of Terms

1. College - the College of Southern Maryland

2. College Premises - all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the college, including adjacent streets and sidewalks.

3. President - the President of the College of Southern Maryland

4. Instructor - any person hired by the college to conduct classroom or teaching activities or who is otherwise considered by the college to be a member of its faculty.

5. College Official - any person employed by the college, performing assigned administrative or professional responsibilities.

6. College Community Member - any person who is a student, instructor, faculty member, college official or any other person employed by the college. A person’s status in a particular situation will be determined by the Vice President of Student and Instructional Support Services.

7. Student - includes all persons taking courses at the college, either full- time or part-time, pursuing credit and/or continuing education studies sponsored by the college with the exception of those enrolled in the J.O.B.S. Program and children under the age of sixteen who are enrolled in continuing education courses (e.g. Kids’ and Teen College). Persons who withdraw after allegedly violating the Student Code of Conduct or who are not enrolled for a particular term but have a continuing relationship with the college are considered “students.” This Student Code of Conduct does apply at all locations of the college.

8. Student Organization - any number of students who have complied with the formal requirements for college recognition

9. Complainant - any person who submits a complaint alleging that a student violated this Student Code of Conduct. When a student believes that they have been a victim of another student’s misconduct, the student who believes they have been a victim will have the same rights under this Student Code of Conduct as are provided to the Complainant, even if another member of the college community submitted the complaint itself.

10. Respondent - any student accused of violating this Student Code of Conduct.

11. Student Conduct Administrator - a college official authorized by the Vice President of Student and Instructional Support Services to conduct investigations, hold conferences, and impose sanctions upon any student(s) found responsible for violating the Student Code of Conduct. The Vice President of Student and Instructional Support Services may authorize the same Student Conduct Administrator to impose sanctions in all cases.

12. Conduct Review Panel – one or more trained college community members authorized by the Student Conduct Administrator to determine whether a student has violated the Student Code and to recommend sanctions that may be imposed when a student is found responsible for a Code violation.

13. Appeal Officer – an individual authorized by the Vice President of Student and Instructional Support Services to review the findings of student conduct proceedings to determine if there is cause to alter the original decision or affirm the decision. The Vice President of Student and Instructional Support Service, or designee, will serve as the appeal officer for behavioral misconduct complaints and the Associate Vice President of Academic Affairs and/or the Student Conduct Administrator or designee, will serve as the appeal officer for academic misconduct.

14. Policy - means the written regulations of the college as found in, but not limited to, the Student Code of Conduct, the college Web site and Usage of Technology Resources policy, the credit and continuing education schedule of classes, and college catalog.

15. Cheating - includes, but is not limited to: (1) use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; (3) the acquisition, without permission, of tests or other academic materials (4) engaging in any behavior specifically prohibited by an instructor in the course syllabus or class discussion.

16. Plagiarism - includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.

17. Hazing - an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this rule.

18. Weapon - includes, but is not necessarily limited to, ammunition, fireworks, explosives, dangerous chemicals and/or firearms. Weapon means any instrument of offensive or defensive combat and any device designed or traditionally used to inflict harm or injury. Weapon includes but is not limited to explosives, firearms, bows, slingshots, switchblades, daggers, blackjacks, brass or metal knuckles, hunting knives, nunchaku (“nun-chucks”), dirk knives, bowie knives, star knives, sand clubs, razors, stun guns, Tasers, throwing stars and any device capable of projecting a ball, pellet, arrow, bullet, missile, shell or other material. Weapon includes any object that could be reasonably construed as a weapon. Weapons and ammunition will not be possessed (regardless of whether a federal or state license to possess same has been issued to the possessor), stored, used or displayed at any college owned, leased or rented facility or at any college-sponsored activity at any other location. Exceptions for the possession, storage or display of weapons or ammunition may be granted in limited circumstances. Applications for such exceptions will be made in advance to the Executive Director of Public Safety and Preparedness. Weapon does not include a penknife (that is, a folding knife), without a switchblade, provided that the blade is no more than 4 inches.

19. Misuse of the college network - considered to be, but not limited to, the following acts: Installing any software or hardware on any college computing device without authorization from a college official; using the college’s computing resources for illegal activities of any kind; using the college’s network in such a way that would disrupt the use of the network by other users; using the college’s computing resources to submit, publish, display or retrieve/download any inappropriate material, including material that is defamatory, abusive, obscene, profane, gang-related, sexually threatening, racially offensive or illegal; using the college’s computing resources to intentionally or knowingly create or disseminate denial of service attacks, viruses, worms, Trojan horses, or any computer code that will self-replicate, damage, hinder or alter the performance of any computing device; using the college’s computing resources to defeat, interfere with or circumvent any security measures, controls, accounts, record keeping systems or standard technical measures used by copyright holders to identify and protect their rights; using any computer connected to any of the college’s networks as a server, hub, router, or other network sharing device; using the colleges computing resources to commit fraud (including phishing) or to send mass e-mail (defined here as 50 or more unwanted e-mail in any seven day period), unauthorized entry into a file for any purpose, unauthorized transfer of a file, use of another person’s identification and/or password; failure to abide by all copyright, trademark, and license restrictions; selling or bartering goods or services. The College has the right to monitor and track computer activities.

20. All other terms have their natural meanings unless the context dictates otherwise.

Section III. Standards of Conduct

1. Jurisdiction of the College Student Code of Conduct

a. The College Student Code of Conduct applies to conduct that occurs on college premises, within the online learning environment, at college sponsored activities, and to off-campus conduct that adversely affects the college community and/or the pursuit of its objectives. Each student is responsible for their conduct from the time of enrollment through the actual awarding of a degree. This includes conduct that may occur before or after classes end, during the academic year and periods between terms of actual enrollment, and after a degree is awarded if conduct is not discovered until after graduation.

b. The Student Code of Conduct also applies to a student’s conduct if the student withdraws from the institution while a disciplinary matter is pending. Student Conduct proceedings may continue without the student’s participation, and/or a hold may be placed on the student’s record until the matter is resolved. The Vice President of Student and Instructional Support Services will decide whether the Student Code of Conduct will be applied to conduct occurring off campus, on a case by case basis, at his/her sole discretion.

c. Individuals enrolled solely as Continuing Education students are expected to uphold the standards of behavior outlined in this Code. Additional guidelines for behavior may be provided by Continuing Education. Individuals who violate these standards are subject to action at the discretion of the Vice President of Continuing Education and Workforce Development, or designee. Action may include restricting and/or dismissing students from Continuing Education programs or activities.

2. Basic Principles

a. The college has a responsibility to clarify standards of behavior which are considered essential to its function as an educational institution. Students are expected to obey the law, show respect for properly constituted authority, perform contractual obligations, and observe a standard of conduct appropriate for the college.

b. Disciplinary action will be taken when any student or group of students who: I. Fails to observe the general standards of conduct or any specific policy, rule, regulation or college procedure adopted by the college. II. Acts in a manner not in the best interest of the college community.

c. Instructors and staff may set the standards of behavior that are within the guidelines and spirit of the Student Code of Conduct or other College policies for classrooms, events, offices, and areas, by announcing or posting these standards early in the semester or term.

3. Academic Standards

Completing one’s own academic work is essential to knowledge attainment and development of the student. The College expects students to complete their assignments with integrity and honesty, which includes using one’s own thoughts and materials in writing papers, citing sources of borrowed material, taking exams, and participating in other classroom-related activities. The behaviors outlined below constitute a violation of the College’s expectations regarding academic integrity.

A1) Plagiarism, whether intentional or unintentional, of another’s work or ideas without acknowledgement of the source

A2) Acquiring term papers or other assignments from any source and presenting those materials as the student’s own work

A3) Cheating on quizzes, tests, examinations, or other assigned academic work

A4) Obtaining a copy of a quiz, test or exam in advance without the knowledge and consent of the instructor

A5) Attempting to benefit from the work of another student, or attempting to hinder the work of another student

A6) Using a term paper or other assignment in more than one course without permission of the instructors

A7) Falsification or alteration of official or unofficial records such as academic transcripts, academic documentation, and admissions applications

A8) Taking a course or portion of a course for another student or allowing another individual to take a course or a portion under a false or assumed name

4. Behavioral Standards

The College considers the following behavior as inappropriate for the College community and in opposition to the core values set forth in this document. Violations that are not specifically mentioned may still be subject to disciplinary action. These expectations and rules apply to all students and those found responsible for committing acts of misconduct are subject to the sanctions outlined in this Code of Conduct. The College encourages community members to report all incidents that involve the following actions.

B1) Dishonesty, including providing false information or intentionally evading legitimate financial obligations

B2) Any conduct that constitutes a violation of published handbooks, contracts, or behavioral agreements specific to College programs, activities, or operations.

B3) Forgery, duplication, unauthorized alteration or use of any college document, record, key, or identification

B4) Theft of property or services

B5) Trespassing on College premises or other unauthorized use of College property or services B6) Destroying, damaging, or defacing the property of the College or of others

B7) Causing or threatening actual or reasonable fear of harm to any person

B8) Disorderly conduct or communications intended or reasonably likely to harass, intimidate, harm, or humiliate another

B9) Participation or complicity in acts of hazing (see definitions for hazing definition)

B10) Using any device to make an audio or video recording of any person without his or her prior knowledge or effective consent

B11) Disrupting the peace, the educational process, college operations, or sponsored activities

B12) Harassing, discriminating, or committing acts against an individual or group based on actual or perceived identities as outlined in the Policy on Sexual Misconduct, Relationship Violence, Stalking, and Retaliation or Policy on Discrimination, Harassment, and Retaliation Other than Sex

B13) Threatening, harassing, intimidating, or retaliating against any person who has or may: file an allegation of misconduct against you, provide information during proceedings or investigations of alleged misconduct, or serve as a member of a review panel

B14) Complicity with or failure of any student or organization to appropriately address known or obvious violations of the Code of Student Conduct or law

B15) Failure to comply with the direction of authorized College employees/representatives performing his/her duties, or a request to identify one’s self or produce requested identification

B16) Knowingly violating the terms of imposed disciplinary sanctions

B17) Violating traffic safety rules, or obstruction of the free flow of pedestrian or vehicular traffic

B18) Use of skateboards, roller blades, push scooters, or similar manual powered or motorized devices

B19) Misuse of the college’s technology resources (see definitions for acts considered to be misuse)

B20) Smoking, using tobacco or e-cigarette products in unauthorized areas

B21) Bringing animals into buildings, with the exception of animals that provide assistance under the Americans with Disabilities Act (ADA), or failing to control or clean up after animals brought to campus.

B22) Gambling, which may include bets on live or online activities or unauthorized raffles, lotteries, sports pools

B23) Illegal or unauthorized use, possession, manufacturing or dissemination of alcohol, or public intoxication

B24) Possession, use or distribution of an illegal drug, controlled substance, or look-alike drug

B25) Unauthorized use, manufacture, distribution, or possession of weapons (see definitions for items considered to be weapons)

B26) Any other act which is a violation of local, state or federal law

Section IV. Violation of Law and College Discipline

1. College disciplinary proceedings may proceed against a student accused of conduct that potentially violates both criminal law and this Student Code of Conduct (that is, if both possible violations result from the same factual situation) without regard to any pending civil or criminal legal action. Proceedings under the Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Vice President of Student and Instructional Support Services. Determinations made or sanctions imposed under this Student Code of Conduct will not be subject to change due to the outcome of any legal outcome arising out of the same facts giving rise to violation of college rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.

2. When a student is charged by federal, state, or local authorities with a violation of law, the college will not request or agree to special consideration for that individual because of his or her status as a student. If an incident is also being processed under the Student Code of Conduct, the college may advise off-campus authorities of the existence of the Student Code of Conduct and of how incidents are typically handled within the college community. The college will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the college community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

Section V. Interim Suspension

1. If a complaint alleges behavior that causes concern for the safety and/or security of the campus community an Interim Suspension may be issued by the Vice President of Student and Instructional Support Services, or designee. During the interim suspension, student privileges will be revoked including access to college premises and/or activities, attendance in classes, a classroom(s), including class attendance, and/or to one or more campuses (and/or all other college activities or privileges for which the student might otherwise be eligible, as the Vice President of Student and Instructional Support Services, or designee, may determine to be appropriate.

2. Interim suspension may be imposed only: a) to protect the safety and well-being of members of the college community or preservation of college property b) to protect the student’s own safety and well-being c) if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the college

3. The interim suspension does not replace the regular conduct process, which will proceed on the normal schedule, up to and through a Conduct Review Panel, if required.

Section VI. Complaint Resolution Procedures

1. Referring Behavior for Student Conduct Review

a. Any individual may submit a complaint alleging a violation of the Student Code of Conduct has occurred by completing the Reporting form for Student Conduct and Behavior Concerns. A complaint should describe the conduct in question and, if known, the identity of the person or persons alleged to have engaged in misconduct. Filing of a complaint assumes that the complainant wishes to initiate an inquiry that may result in disciplinary action if the respondent is found responsible for the alleged misconduct. The College reserves the right to initiate the student conduct process based on available information even if a formal complaint has not been received.

b. To encourage reporting, an individual who reports sexual misconduct, either as a victim, complainant, or a witness, will not be subject to disciplinary action by the College for their own personal alcohol or drug use occurring at or near the time of the incident, provided that the health or safety of any other person was not or is not at risk.

c. Instructors have the authority to validate or dismiss allegations of academic misconduct within their own courses. Through their investigation and conversations with the respondent, the instructor may also find students responsible for academic misconduct when the information gathered supports such a judgment.

2. Reports relating to Sexual Misconduct, Relationship Violence, Stalking, and Retaliation

Acts of sexual harassment, including sexual discrimination, sexual assault, domestic and dating violence, stalking, and retaliation are strictly prohibited. Complaints alleging this type of misconduct will be investigated and resolved in accordance to the grievance procedures outlined in the Policy on Sexual Misconduct, Relationship Violence, Stalking, and Retaliation under the guidance of the college’s Title IX coordinator.

3. Classroom Conduct

a. The College supports the principle of freedom of expression for both instructors and students and respects the rights of instructors to teach and students to learn. Classroom behavior that seriously interferes with either

  • the instructor’s ability to teach the class or
  • the ability of other students to learn is in opposition to these values

When a student’s behavior is disruptive, but not to the level of class removal, these steps are recommended:

i. The instructor responsible for the class where the alleged disruptive behavior occurred will discuss the inappropriate behavior with the student. The instructor will describe to the student specific changes expected in and the student will be provided an opportunity to modify his/her behavior with the changes identified. The instructor will provide the student with a written, dated summary of his/her discussion with the student, and the instructor will retain a copy for their own records.

ii. If a student believes the instructor’s expectations are unreasonable, he/she may discuss the matter with the instructor’s division chair or supervisor.

iii. Should a student’s behavior continue to be unacceptable, the instructor will notify the appropriate division chair or supervisor of what has occurred and will share the written summary of the discussion with the student and other pertinent information. The division chair or supervisor may wish to initiate additional discussion with the instructor and/or the student. If the division chair or supervisor and the instructor are unable to resolve the matter, the situation may be referred to Student Conduct, including any previous documentation related to the behavioral issues.

b. When a student’s behavior in a class is seriously disruptive and requires immediate action, the instructor has the authority to remove a student from that class period. After a student is removed, the instructor should schedule a time to meet with the removed student to address the behavior and further reiterate classroom expectations. This meeting may also include the academic division chair or supervisor. Instructors are encouraged to complete a Behavioral Incident Report when behavior rises to the level of classroom removal.

4. Notification of Complaint and Investigation

a. When a complaint or information alleging misconduct is received, the Student Conduct Administrator, or designee, will conduct a preliminary investigation. During the investigation the Student Conduct Administrator will collect and review all relevant information and, as necessary, conduct interviews with complainant, respondent, and any appropriate witnesses. The respondent will be sent a written request to participate in a mandatory meeting with the Student Conduct Administrator. Involved parties will be contacted using their home address and electronic mailing address on record with the Registrar for all conduct-related matters.

b. During the mandatory meeting with the respondent, the complaint and behaviors that allegedly violated the Student Code of Conduct and potential sanctions will be reviewed; the student will have the opportunity to respond to the complaint; reasonably access and review any information collected; and to review and ask questions regarding the student conduct procedures and the student’s rights in the procedures. The complainant will also be provided with a comparable meeting opportunity.

c. Throughout the student conduct process both the complainant and the respondent have the right to be assisted, at their own expense, by an advisor of choice. Advisors must be a member of the college community and may not be an attorney. Advisors will not be permitted to actively advocate, speak, or submit information on the behalf of the complainant or respondent. If a student chooses to be accompanied by an advisor the student should select an advisor whose schedule allows attendance at the scheduled date and time for all conduct proceedings since delays will not normally be allowed due to the scheduling conflicts of an advisor.

5. Potential Outcomes of Investigation

A. Complaint Dismissed

If the Student Conduct Administrator does not find, based on a preponderance of evidence, that a violation of the Student Code of Conduct occurred and/or if the investigation indicates that the student is not responsible for the violations the complaint will be dismissed.

B. Informal Resolution

If the respondent accepts responsibility for violation(s) during the student conduct process the respondent and the Student Conduct Administrator may discuss a resolution plan, which may include agreed-upon sanctions. A student may appeal sanctions issued through the normal appeal process if sanctions are not agreed to.

C. Formal Conduct Conference

In the event that an informal resolution is not possible, the complaint will be resolved through a formal conduct conference if potential sanctions do not include dismissal or expulsion. Complaints that may result in dismissal or expulsion will be referred to a Conduct Review Panel. If agreed upon by the respondent and the Student Conduct Administrator, the conduct conference may be held immediately following the informal resolution attempt by signing a document waiving the student’s right of advanced notice or may be scheduled for a future date. Outcomes of a formal conduct conference may be appealed though the normal appeal procedures. Formal Conduct conferences will be held following the procedures outlined below.

6. Conduct Review Panels

A Review Panel consists of one or more members of the college community who have been designated as panelists by the Student Conduct Administrator, or designee to review complaints alleging misconduct and recommend sanctions if the respondent is found responsible for misconduct.

A. Conduct Conference and Review Panel Procedures

Proceedings held by a formal conduct conference or Review Panel will be conducted according to the following guidelines:

i. Complaints heard by a Conduct Review Panel will be scheduled in a timely manner, generally not fewer than five or more than fifteen calendar days, to allow the complainant and respondent to prepare for the conference. Minimum time frames may be waived if both the complainant and respondent agree and a Conduct Review Panel can be convened in the shorter time period. Maximum time limits for scheduling of conduct proceedings may be extended at the discretion of the Student Conduct Administrator. Students will be notified in writing of the Review Panel conference in a letter sent electronically to the email account of record and via standard mail sent to the home address of record.

ii. Review Panel conferences will be conducted in a private, closed session

iii. There will be a single verbatim record, such as a tape recording, of all information presented during a conduct conference or Review Panel. However, deliberations will not be recorded. The record will be the property of the college.

iv. The Review Panel may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Respondent, and/or other witness during the conference by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of the Vice President of Student and Instructional Support Services, or designee to be appropriate.

v. The Complainant, Respondent, and their advisors, if any, will be allowed to attend the entire portion of the Conduct Review Panel at which information is received, excluding private deliberations. Admission of any other individual to the conduct conference or Review Panel will be at the sole discretion of the Student Conduct Administrator or Review Panel Chairperson. Students must inform the Student Conduct Administrator of the name of the advisor, if any, at least three days in advance of the conference or Review Panel.

vi. When resolving complaints involving more than one respondent, the Student Conduct Administrator or Review Panel Chairperson, at his or her discretion, may permit the conduct conference or Review Panel to conduct a separate or joint review of the complaint.

vii. If a Respondent, with notice, does not appear for a conduct conference or Review Panel, the information in support of the complaint will be presented and considered even if the respondent is not present.

viii. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Code of Conduct proceedings. Pertinent records, exhibits, and written statements, including Student Impact Statements, may be accepted as information for consideration at the discretion of the Review Panel Chairperson. All procedural questions are subject to the final decision of Student Conduct Administrator or Review Panel Chairperson.

ix. The Complainant, the Respondent, and the Conduct Review Panel may arrange for witnesses with direct knowledge of the complaint to present pertinent information to the panel. The college will attempt to arrange the attendance of potential witnesses who are members of the college community, if reasonably possible, and who are identified by the Complainant and/or Respondent at least two weekdays prior to the panel review. Witnesses will provide information to and answer questions posed by the Student Conduct Administrator or Review Panel members.

x. Respondents and/or Complainants may direct and suggest questions to the Review Panel Chairperson to be answered by each other or by other witnesses. This method is used to preserve the educational tone of the panel review and to avoid creation of an adversarial environment. Questions of whether potential information will be received will be resolved at the discretion of the Student Conduct Administrator or Review Panel Chairperson.

xi. After the portion of the conduct conference or Review Panel concludes in which all pertinent information has been received, the Student Conduct Administrator or Review Panel will determine, by majority vote if consisting of more than one person, whether the Respondent has violated each section of the Student Code of Conduct which the student is alleged to have violated. The Review Panel’s determination will be made using a preponderance of the evidence standard determining that it is more likely than not the Respondent violated the Student Code of Conduct. The Review Panel will compile and forward its written findings and recommended sanctions to the Student Conduct Administrator within ten (10) calendar days after the conclusion of the Panel conference.

xii. Decisions made by the Student Conduct Administrator or Review Panel are considered final, pending the normal appeal process. B. Students will be notified Students will be notified in writing of the outcome of any conduct proceedings via a letter sent electronically to the email account of record and via standard mail sent to the home address of record. Written notice will include:

i. The specific standard of the Student Code of Conduct that was violated;

ii. The sanction(s) imposed and the date(s) on or periods for which they are in effect;

iii. A statement of the student’s right to appeal in writing

iv. A statement that failure to file a request for such an appeal within the time provided will be deemed a waiver of the right to an appeal.

Section VII. Appeals of Academic misconduct and Student Conduct Decisions

Should the Respondent(s) disagree with the findings of an instructor, Student Conduct Administrator, or Review Panel an appeal right exists to request reevaluation of the complaint. Individuals involved in the original consideration of the complaint will not review or decide any appeal request.

A. A decision reached by an Instructor, Student Conduct Administrator or Review Panel may be appealed by the Respondent(s) or Complainant(s) to the designated appeal officer within 10 calendar days of sending the decision. Appeals should be submitted in writing and delivered to the Student Conduct Administrator, or designee.

B. Except as required to explain the basis of new information, an appeal will be limited to a review of the academic work in question, any supporting documentation, and in behavioral misconduct complaints, the verbatim record of a Review Panel or conduct conference for one or more of the following purposes:

i. Proper procedures were not followed. Deviations from designated procedures will not be a basis for appeal unless significant prejudice results.

ii. There is new relevant information not reasonably available at the time of the conference or the imposition of the sanction(s).

iii. The information gathered does not clearly support the finding(s). iv. The sanctions are inappropriate relative to the violation.

C. If an appeal is upheld, the complaint will be returned to the instructor, original Student Conduct Administrator, or Review Panel for re-evaluation to allow reconsideration of the original determination and/or sanction(s). The appeal officer may choose, at their discretion, to request a division chair or supervisor, new Student Conduct Administrator, or new Review Panel to reconsider the complaint if necessary. If an appeal is not upheld, the complaint and any associated sanctions will be considered final and binding upon all involved.

Section VIII. Potential Sanctions for Violating the Student Code of Conduct

In order to resolve a complaint of misconduct and educate students found responsible for violations of the Student Code of Conduct by an instructor, Student Conduct Administrator, or Review Panel students may be subject to one or more of the following sanctions. Students will be notified in writing of the outcome of any conduct proceedings via a letter sent electronically to the email account of record and via standard mail sent to the home address of record.

1. Academic Standards Violations

The college expects academic honesty from its students. The following sanctions may be imposed upon any student found responsible for violating the Academic Standards set forth in this Code of Conduct:

A. First Infraction

i. For the first Academic Integrity Violation the instructor will, at a minimum, assign the student a “0” or its equivalent on the paper, examination, or presentation in question. The instructor will discuss the assignment in question with the student and explain the reason for the grade.

ii. Additionally, the instructor will inform the Vice President of Student and Instructional Support Services, or designee of the infraction in writing and the Vice President of Student and Instructional Support Services or designee will issue a Letter of Warning to the student and notify him or her of the consequences and implications of this infraction.

b. Second Infraction

i. The instructor will, at a minimum, assign the student a “0” or its equivalent on the paper, examination, or presentation in question. The instructor will discuss the assignment in question with the student and explain the reason for the grade. Additionally, the instructor will inform the Vice President of Student and Instructional Support Services, or designee of the infraction in writing. If it is determined that a second violation has occurred, the Vice President of Student and Instructional Support Services, or designee, will make the instructor aware that additional sanctions will apply.

ii. In addition to a grade of “0” or its equivalent on the assignment in question, a second Academic Integrity Violation, either in the same course or in another course, will also result in an automatic “F” in the course in which the second infraction occurred. The student will be issued another Letter of Warning and, absent a successful grade appeal, be barred from further class participation. iii. In cases where the second infraction occurs in the same course, the instructor will notify the student and explain the reason for the “F” in the course. Otherwise, the Vice President of Student and Instructional Support Services or designee will notify the student of the “F” in the course and apprise the student of the implication of this second infraction. The “F” may not be changed to a “W” for any reason.

c. Third Infraction

i. The instructor will, at a minimum, assign the student a “0” or its equivalent on the paper, examination, or presentation in question. The instructor will discuss the assignment in question with the student and explain the reason for the grade. Additionally, the instructor will inform the Vice President of Student and Instructional Support Services, or designee of the infraction in writing. If it is determined that a third violation has occurred, the Vice President of Student and Instructional Support Services, or designee, will make the instructor aware that additional sanctions will apply.

ii. In addition to a grade of “0” or its equivalent on the assignment in question and an automatic “F” in the course in which the third infraction occurred the student will be notified that a complaint has been filed against him or her for violating the Student Code of Conduct and the matter will be referred to a conduct conference or Review Panel for resolution.

iii. If the Review Panel determines that the student has violated the academic integrity standards for a third time, the Student Conduct Administrator will notify the student that he or she will receive an automatic “F” for the course and will be immediately suspended from the college for one or more semesters as deemed appropriate by the Student Conduct Administrator or Review Panel. The “F” may not be changed to a “W” for any reason.

2. Behavioral Standards Violations

As stated previously, the College has certain behavioral expectations of all students. When a student is found responsible for violating the Student Code of Conduct the sanctions below may be imposed to resolve the complaint and educate the involved students. Sanction(s) will be finalized and imposed by the Student Conduct Administrator for cases heard by a Conduct Review Panel. The Student Conduct Administrator is not limited to sanctions recommended by members of the Review Panel and may alter sanctions as deemed necessary. More than one of the sanctions listed may be imposed for any single violation.

The following sanctions may be imposed to resolve violations of the Student Code of Conduct:

A. Warning – A notice in writing to the student that the student is violating or has violated institutional regulations.

B. Probation – A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period.

C. Loss of Privileges - Denial of specified privileges for a designated period of time.

D. Fines – Previously established and published fines may be imposed.

E. Account Hold – A restriction placed on a student’s account that prevents registration and other account actions

F. Restitution – Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.

G. Discretionary Sanctions – Work assignments, essays, service to the College, or other related discretionary assignments.

H. Suspension – Exclusion from one or more classes, exclusion from other privileges or activities, and/or exclusion from one or more campuses as set forth in the notice of suspension, for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.

I. Dismissal – Termination of student status for an indefinite period. The student may be readmitted to the college upon written request and with specific approval of the President.

J. Expulsion – Permanent termination of student status without possibility of readmission.

K. Revocation of Admission and/or Academic Award – Admission to or academic awards from the college may be revoked for fraud, misrepresentation, or other violation of college standards in obtaining the award, or for other serious violations committed by a student prior to graduation.

M. Withholding Academic Award – The college may withhold granting an award otherwise earned until the completion of the process set forth in this Student Conduct Code of Conduct, including the completion of all sanctions imposed, if any. Student organizations found responsible for violations of the Student Code of Conduct may subject to:

A. Sanctions a-g listed above

B. Suspension - loss of selected rights and privileges for a specified period of time

C. Organizational deactivation - loss of all privileges, including college recognition, for a specified period of time

Section IX. Disciplinary Record Retention and Disclosure

1. All student conduct records will be filed and retained in the Office of the Vice President of Student and Instructional Support Services.

2. Disciplinary records will typically be purged seven years after the resolution of the complaint. Upon graduation, students may submit a written request to expunge their disciplinary record. Each request will be considered on a case-by-case basis taking into account the offense and any requirements the college may have to maintain such documentation for an extended period of time.

3. An exception exists to offenses that result in college expulsion or revocation or withholding of an academic award. These offenses may not be expunged and will be notated in the student’s permanent academic record. The college will maintain disciplinary records as part of the student’s education record in accordance with the Family Educational Rights and Privacy Act, 20 U.S.C.S. §1232g (“FERPA”).

4. A student’s education record, including disciplinary records, will be disclosed only with written consent of the student’s parents or the eligible student (in the case of a student 18 years of age or older), except as otherwise allowed pursuant to FERPA and its implementing regulations. Examples of appropriate disclosures of disciplinary records without consent include disclosure of information:

A. To other school officials within the institution when there is a legitimate educational interest in the information in order to exercise or complete their responsibilities on behalf of the institution;

B. Concerning disciplinary action taken against the student for conduct that poses a significant risk to the safety or well-being of that student, other students, or other members of the school community to teachers and school officials, including teachers and school officials in other schools, who have legitimate educational interests in the behavior of the student;

C. Regarding any violation of any Federal, State, or local law, or of any rule or policy of the institution governing the use or possession of alcohol or controlled substance to a parent or legal guardian of a student if the student is under the age of 21 and the institution determines that the student has committed a disciplinary violation with respect to such use or possession; and

D. To complainants in cases alleging violations of II.A.7: Gender-based or sexual misconduct. The complainant has a right to be informed of the outcome, essential findings, and relevant sanctions, in writing.

E. The name, nature of the violation and the sanction, for any student who is found in violation of a College policy that is also a “crime of violence,” including: arson, burglary, robbery, criminal homicide, sex offenses, assault, destruction/damage/vandalism of property, and kidnapping/abduction. The College may release this information publicly, and will release this information to the complainant in any of these offenses, regardless of outcome.

Section X. Interpretation and Revision Statements

1. Any question of interpretation or application of the Student Code of Conduct will be referred to the Vice President of Student and Instructional Support Services or his or her designee for final determination.

2. The Student Code will be reviewed at least every four years under the direction of the Vice President of Student and Instructional Support Services or his or her designee.

3. The college may place these policies and regulations on its Web site. If it does so, the official version of the policies and procedures will be those on the web site, which may be revised from time to time and without written notice.