Violation of Federal, State, or Local Laws
In keeping with ICC’s commitment to educate our students in becoming responsible community citizens, the college routinely addresses off-campus student misconduct. This includes any arrests or citations made by non-college law enforcement agencies.
The following represents the college’s general response to alleged off-campus misconduct. The college may elect to respond differently dependent upon the circumstances and the gravity of the alleged reported misconduct.
The Dean of Students reviews each case and determines if a college judicial referral will be issued. In most cases students are also charged through the judicial process. A letter is sent from the College judiciaries to the students informing them to schedule the date and time of an administrative hearing to resolve the matter of the Code of Conduct violation.
College discipline may be imposed on students charged with an off-campus violation of federal, state or local laws - but not with any other violation of the Code. This action is necessary to provide for the safety and welfare of the College community. Disciplinary action may be taken and sanctions imposed only for serious misconduct, which demonstrates flagrant disregard for the College community. Any charges on Campus Housing property shall not be deemed to be off-campus.
College disciplinary proceedings may be instituted against a student charged with violation of a federal, state or local law which is also a violation of this Student Code, that is, if both violations result from the same factual situation, without regard to pending civil litigation in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.
Student conduct proceedings and actions are not subject to challenge or postponement on the grounds that criminal or civil charges involving the same incident have been dismissed, reduced, or are pending in court. No individual can force charges to be dropped.
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 the alleged offense is also the subject of a proceeding before a Student Conduct Board under the Student Code, however, the College may advise off- campus authorities of the existence of the Student Code and of how such matters will be handled internally within the College community. The College will cooperate fully with law enforcement and other agencies in the enforcement of law on campus, and in the conditions imposed by criminal courts for the rehabilitation of violators who are also students. Individual students and faculty members, acting in their personal capacities, remain free to interact with governmental representatives as they consider appropriate.
Students arrested or cited for an alcohol or drug violation off-campus may be referred for a judicial review. This includes, but is not limited to, underage possession, underage consumption, intoxication, and possession/use of illegal drugs or paraphernalia.
Students arrested or cited for serious acts of off- campus misconduct are routinely charged with an offense under the college’s code of conduct. Examples of such behavior include, but are not limited to, violence, drugs, sexual assault, and civil disturbance. In such cases, the college judicial referral can be issued prior to the resolution of the criminal case.
Student Organization Responsibility
Student organizations are expected to conduct themselves in a manner consistent with the College’s function as an educational institution. Student organizations must observe all federal, state and local laws and college policies, including the Code, both on and off campus. A student group will be responsible for the actions and conduct of its members when one or more of its members, acting in the capacity of their membership, commit a violation of the Code. Student organizations found in violation of the Code will be subject to student conduct procedures and sanctions in the same manner as individual students.
Any Notice of Complaint regarding alleged misconduct involving a student organization will be delivered to the Dean or other officers and to the organization’s advisor.
Student organizations are responsible for responding to all Notices of Complaint within 5 days and failure to respond may result in resolution of the matter in the absence of any representative of the organization.
A complaint filed against a student organization does not preclude the possibility of complaints being filed against any or all individual students involved in the alleged misconduct.
Student Conduct Authority
The Dean of Students has the authority to issue sanctions for Code of Conduct violations, up to suspension, without a student conduct committee. In these cases, a student would have the option to appeal a decision to the appropriate appeal committee.
The Dean of Students will determine the composition of student conduct and appeal bodies and will determine which student conduct body and/or appeal body will be authorized to hear each case.
The Dean of Students will develop procedures for the administration of the student conduct program and rules for the conduct of hearings that are consistent with provisions of the Code.
Decisions made by the student conduct body will be final, unless the student initiates the appeal process.
A student conduct body may be designated as arbiter/mediator of disputes within the student community in cases that do not involve a violation of the Code. All parties must agree to arbitration/mediation and to be bound by the decision with no right to appeal.
In certain circumstances, the Dean of Students may impose an interim suspension prior to a hearing before the Student Conduct Committee. Circumstances could include but are not limited to theft or other abuse of College property, or students posing a danger to themselves or others.