Student Conduct Proceedings
A. Charges and Hearings
Any member of the College community may file a complaint against any student for misconduct. Complaints will be prepared in writing and directed to the Dean, who is responsible for the administration of the college student conduct process. Any complaint should be submitted as soon as possible after the event takes place.
The Dean will (or appoint a student conduct body who will) determine if the charges warrant an investigation. If the complaint is not found to warrant an investigation, the complaint will be dismissed.
If the charges cannot be disposed of by mutual consent, a Student Conduct Committee will be formed to hear the charges. The Dean of Students may be authorized to serve simultaneously as a Student Conduct Administrator and the sole member or one of the members of a Student Conduct Committee. All charges will be presented to the accused student in written form by the Dean of Students. The hearing date will be set not less than three, nor more than 15 college class days (excluding Saturday and Sunday) after the date of notice to the student. Maximum time limits for scheduling of hearings may be extended at the discretion of the Dean of Students.
Any student may seek advice about the Code, hearing procedures, and/or student rights and responsibilities from the Dean of Students Office at any time. Any student who wishes to have an advisor assigned to them may request one from the Dean reasonably in advance of any hearing. Assigned advisors may be faculty, staff, or students who are trained by Dean of Students Office. Students may not delay the regular student conduct process with failed or untimely efforts to secure an advisor.
Hearings are conducted by a student conduct body to provide the accused student an opportunity to respond directly to the alleged violation and to offer a response. The hearing is an educational forum designed to enable the student conduct body to determine if there has been a violation of the Code. Formal rules of process, procedure, and/ or technical rules of evidence, such as are applied in criminal or civil court, are not used in the student conduct process. Hearings will be conducted according to the following guidelines:
hearings normally will be conducted in private;
admission of any person to the hearing will be at the discretion of the student conduct body. Hearings are not considered open to the public;
in hearings involving more than one accused student, the student conduct body may permit the hearings concerning each student to be conducted separately;
the complainant and the accused student have the right to be assisted by any advisor they choose, at their own expense. The complainant and/ or the accused student is responsible for presenting his or her own case and, therefore, while advisors may be present, they are not permitted to speak or to participate directly in any hearing before a student conduct body;
the complainant, the accused, and the Student Conduct Committee may present witnesses. All witnesses are subject to cross-examination. Advisors may not, in any circumstances, question the complainant, accused student, or student conduct body;
pertinent records, exhibits, and written statements may be accepted as information at the discretion of the student conduct body;
all procedural questions are subject to the final decision of the student conduct body;
at the conclusion of the hearing, the student conduct body will determine (by majority vote if the body consists of more than one person) whether the student violated each section of the Code that the student was alleged to have violated;
the body’s determination will be made on the basis of preponderance of the evidence (whether it is more likely than not that the accused student violated the Code.)
For conduct hearings that involve sexual assault, rules may be modified to be in compliance with state and federal laws.
In each case in which a Student Conduct Committee determines that a student has violated the Student Code, the sanction(s) will be determined and imposed by the Dean of Students. In cases in which persons other than or in addition to the Dean of Students have been authorized to serve as the Student Conduct Committee, the recommendation of all members of the Student Conduct Committee will be considered by the Dean of Students in determining and imposing sanctions. The Dean of Students is not limited to sanctions recommended by members of the Student Conduct Committee. Following the hearing, the Student Conduct Committee and the Dean of Students will advise the accused in writing and/or orally of its determination and of the sanction(s) imposed, if any.
There will be a record of all hearings maintained by the Dean. Student Conduct Committee hearings will be audio-recorded. Access is limited to reviewing the record only on the college premises. The record will be the property of the College.
Except in the case of a student charged with failing to comply with a request to attend a meeting with a student conduct body, no student may be found to have violated the Code solely because the student failed to appear. In all cases, if an accused student, with notice, does not appear at a hearing, the information in support of the complaint shall be presented and considered, and the hearing will proceed in the student’s absence.
The student conduct body may accommodate concerns for the personal safety, well-being and/or fears of confrontation of the complainant, accused student, and/or other witnesses during the hearing by providing separate facilities, video technology, telephone, or other means approved by the Dean.
Procedural Guidelines
The standard of proof used in making decisions in student conduct matters, including in all findings of responsibility, is the “preponderance of the evidence” or “more likely than not” standard. This means that when all available information is considered, the College official or hearing body determines whether it is more likely than not that a violation occurred, based on what a reasonable person would consider.
Investigators and hearing bodies do not have the authority to subpoena but may receive information without regard to the legal rules of evidence, so long as the information is related to the questions of the case. Character witnesses are not permitted since decisions about responsibility relate to behaviors, not to character. Anonymous information (such as reports or statements) may be considered by the hearing body but the unknown identity of the source will be taken into account in evaluating the credibility of such information.
The College will communicate with participants in the student conduct process mainly via email through the use of an online case management system and the student’s ICC email address. Depending on the circumstances of a given situation, communications may occur through other means, such as through phone, U.S mail, or delivered in person.
Any participating complainant or respondent may bring an advisor to accompany him/her in student conduct meetings, including hearings and interviews, to serve as a support person to him/her. The advisor may not address the hearing body, provide information on behalf of the student, or otherwise participate in the meeting or hearing. Students may be required to provide notice that: an advisor will be attending a meeting or hearing and whether such a person is serving in the capacity of an attorney and may also be required to sign a release granting permission for the advisor to have access to the student’s education records. Students who qualify for an accommodation under ADA/504 that require a person to provide the accommodation or who may require a language translator to effectively understand the English language may also have such a person present in addition to an advisor.
Postponement of Resolution
A student who files a report or who is charged with a violation of the Code may request in writing to have a resolution postponed because 1) there is pending or possible civil or criminal litigation which they feel may be jeopardized by the outcome of campus resolution process, or 2) the student is unavailable for communications due to being incarcerated or hospitalized.
The College may grant this only when both of the following circumstances have been met:
When interim action as determined by the Student Conduct Officer or designee is imposed to prevent further or additional incidents during the resolution process. Such interim action will include (at a minimum) a hold preventing registration for classes, but may also include other measures such as, but not limited to, suspension, a ban from campus, and a designation on the academic transcript that there is a pending conduct matter.
The College does not have any compelling reason why the resolution process should proceed. Examples of compelling reasons include but are not limited to:
Concerns for the safety of the campus or its members if the situation is not resolved
The need to provide a timely response in cases alleging sexual or gender-based misconduct
The quality of the investigation or ability to hear from witnesses who have critical case information may be compromised
The College reserves the right to postpone indefinitely or for a finite period of time. The College may also independently decide to postpone resolution without a request from a student when the above conditions are met. The Dean of Students will review and respond to all requests, and there is no appeal of the Dean’s decision concerning a requested postponement.
B. Infractions
The following infractions may be imposed upon any student found to have violated the Code.
The following infractions may be imposed upon any student found to have violated the Student Code. Classification of infractions from minor to intermediate or severe may be imposed. All infractions will be issued in writing. Infractions in the intermediate to severe classifications will be placed in the student’s confidential discipline file as an official part of a student’s educational record for seven years beyond the student’s departure from the college. Severe infractions classifications will become part of the student’s permanent discipline record. Acts of academic dishonesty will be made part of the permanent discipline record as determined by the faculty member, Academic Department Dean and/or Vice President of Academic Affairs:
Minor Infractions
Warning – a notice that the student has violated the Code and that any repetition of the behavior will result in more severe infractions.
Probation – a written reprimand that expires automatically after a specified time but includes the probability of a more severe infraction if a student violated the code again during the probationary period.
Educational infractions – reflection, research or other written assignments, apology letters, workshops, programs, article/book review, educational poster, video review, or other assignments designed to educate a student of the potential impact of student misconduct and to prevent reoccurrence.
Intermediate Infractions
Loss of privileges – denial of specified privileges for a designated period of time
Fines – Previously established and published fines from Campus Police may be imposed. Citations and fines may also be issued for violations of certain College policies.
Restitution – compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.
Discretionary infractions – work assignments, service to the college or neighboring communities, or other related discretionary assignments.
Limited access – administrative restriction to selected parts/ locations of campus sites or computer usage.
No contact order – student is prohibited from having any contact with specified member(s) of the college community due to a conflict or perceived threat. Means of contact include face-to-face, email, social media, and telephone. Friends, relatives, and other acquaintances are also prohibited from contact on behalf of either party. This is not the same as a legal no contact order.
Withdrawal from class – administrative withdrawal with consequent loss of tuition and fees from a class or classes.
Hold – a block on a student’s privileges, such as registering for classes or obtaining transcripts.
Referral – an order to access or utilize a campus resource or service, such as Counseling, Academic Advising, Access Services.
Parental notification – a letter or phone call notifying a parent or guardian of a student who is under 21 years old (at time the letter is sent) that they have committed a violation of law or college policy pertaining to drugs or alcohol.
Deferred suspension – a suspension that is delayed pending specified behavioral performance. A definite period of observation and review occurs during deferred suspension. If a student is again found responsible for violating the Code, the suspension will take place immediately without appeal.
Severe Infractions
College suspension – separation of the student, with consequent loss of tuition and fees, from the college for a definite period of time, after which the student may be eligible to return. Students will be denied access to the campus (including classes), to college activities or privileges for which the student might otherwise be eligible. Conditions for readmission may be specified.
College expulsion – permanent separation with consequent loss of tuition and fees, of the student from the college. Students will be denied access to the campus (including classes), to college activities or privileges
More than one of the sanctions listed above may be imposed for any single violation.
Infractions will not be made part of the student’s permanent record but will become part of the student’s conduct record.
The following sanctions may be imposed upon clubs, groups or organizations:
Those sanctions listed in Section A1 through 3 and B1 through 6
Deactivation – loss of privileges, including college recognition, for specified period of time.
Students that have four or more intermediate disciplinary infractions within an academic year will be suspended from the college one to two years depending on the infractions committed. Students that have eight minor infractions will meet with the Dean of Students to discuss all the infractions and will be warned one final time. If the student commits another infraction on campus, the student will be suspended from the college for one to two years. The duration of the suspension will be recommended to the Vice President of Student Success by the Behavior Intervention Team and Dean of Students.
C. Interim Suspension
In certain circumstances, the Dean may impose an infraction prior to the hearing before a Student Conduct Committee, including but not limited to no contact orders, loss of privileges, limited access, or suspension.
Interim infractions may be imposed only:
to ensure the safety and well-being of members of the college community or preservation of college property;
to ensure the student’s own physical or emotional safety and wellbeing; or
to avoid a threat of disruption of or interference with the normal operations of the college.
During an interim suspension, students will be denied access to the campus (including classes), to college activities or privileges for which the student might otherwise be eligible, as the Dean determines appropriate.
3The interim suspension does not replace the regular student conduct process, which will proceed on the normal schedule.
D. Appeals
A decision reached or a sanction imposed by the Student Conduct Committee may be appealed by accused students to an appeals body within five college days of receipt of the decision. Failure to respond within the five college days after the receipt of the decision will result in the implementation of the recommended sanction(s).
Except when explaining the basis of new evidence, an appeal will be limited to review of the record of the initial hearing and supporting documents for one or more of the following purposes:
To determine whether the original hearing:
was conducted fairly in light of the charges and evidence presented;
conformed with prescribed procedures giving the complaining party a reasonable opportunity to prepare and present evidence that the Student Code was violated;
gave the accused student a reasonable opportunity to prepare and to present a rebuttal of those allegations.
To determine whether the decision reached regarding the accused student was based on the preponderance of the evidence, that is, whether the facts in the case were sufficient to establish that a violation of the Student Code occurred.
To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code, which the student was found to have committed.
To consider new evidence, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because the person appealing did not know such evidence and/or facts at the time of the original hearing.
In cases involving appeals by students accused of violating the Student Code, review of the sanctions by a hearing board may result in more severe sanctions for the accused students. An appeal to the Dean of Students may not result in more severe sanctions for the accused students.
A decision reached by a hearing board is final and no appeals can be made. The Dean of Students may, upon review of the case, reduce or increase, the sanctions imposed by either the Dean of Students and/or a hearing board.
The Dean will notify the student of the appeals body’s decision in writing. This notification will include final charges, sanctions, and/or instructions for a new hearing.
The decision of the Dean of Students shall be final.
Student Conduct Process Flowchart
