Student Conduct System

Overview

St. John Fisher College seeks to create and maintain an environment that supports its mission. As an institution of higher education in the Catholic tradition, standards of behavior are more demanding than those required of the general public. The College reserves the right to take whatever actions it deems necessary and appropriate to ensure community safety at the time of an incident.

The College views all undergraduate, graduate, and professional students (hereafter referred to as "student(s)") as adults and expects that they will act with the requisite maturity and responsibility. In addition to being subject to any internal action that the College may initiate, an alleged violator may also be referred to law enforcement officials and students may also face criminal charges separate and independent from the student conduct process.

The Vice President for Student Affairs and Diversity Initiatives administers regulations governing most aspects of the College community that students are likely to encounter. He has authority in all cases of infractions of College regulations and general student conduct and serves as the College's Chief Title IX Officer. The Assistant Dean of Students supervises the Student Conduct System.


Jurisdiction

Students will be held accountable for allegations of misconduct on-campus. Additionally, students may be held accountable for allegations of misconduct which happen off College property and/or on-line if, in the judgment of the College, the ongoing effects of the alleged behavior(s) impact the College community and/or any member of the community.


Filing a Complaint

Any person with a complaint against any member of the College community may report their concerns to the Safety and Security Department. Additionally, the nature of the problem and possible courses of action may be discussed with the Coordinator of Student Conduct.

Cases that involve sexual misconduct have additional reporting options.

Although reports will be accepted at any time, an incident or complaint should be reported within forty-eight (48) hours, as the passage of time will impede efforts to investigate and appropriately resolve alleged violations of the Student Code of Conduct.

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Student Conduct Procedures

The following procedures address institutional standards and expectations. The Student Conduct System is grounded in the principles of reasonableness and fairness for the entire community.

The student conduct procedures apply in all cases of alleged violations of College policy by all students enrolled at St. John Fisher College, except where a provision is specifically made for other procedures—e.g., academic integrity and failure to maintain academic or professional standards. At his/her discretion, the Provost or the appropriate Dean may forward complaints to the Student Conduct Process.

If there is reason to believe College policy has been violated, an incident report will be created and forwarded to the Coordinator of Student Conduct. The Coordinator of Student Conduct will review the report, evaluate the information and determine the next appropriate actions. Depending on the circumstances of the alleged violation and the severity of possible sanctions, the Coordinator of Student Conduct will determine whether the hearing to address the alleged violation will take place before an assigned hearing officer or Student Conduct Hearing Committee.

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Types of Hearings

Student Conduct Administrative Hearing

A Student Conduct Administrative Hearing (hereafter referred to as an “Administrative Hearing”) takes place between the respondent and the assigned hearing officer. Administrative Hearings are private and closed to anyone but the respondent and the assigned hearing officer

Student Conduct Committee Hearing

A Student Conduct Committee Hearing (hereafter referred to as a "Committee Hearing") takes place between the respondent, complainant, the Student Conduct Committee and any associated witnesses. Committee Hearings are private and closed to everyone except the involved persons. At her discretion, the Coordinator of Student Conduct may request that a representative from the Department of Safety and Security be present throughout the hearing procedures.

The Student Conduct Hearing Committee (hereafter referred to as the "Hearing Committee") is composed of faculty, staff and students who have been trained in Student Conduct Procedures. The Committee is chaired by the Coordinator of Student Conduct, or her designee, and all communication pre and post the hearing should be addressed directly to her, or her designee, and not to other members of the committee.

Please Note: If the hearing officer or Hearing Committee Chair determines that a respondent, complainant or witness(es) may be emotionally harmed by giving information in the presence of the respondent during a Student Conduct Hearing, arrangements may be made to allow participation while not depriving the respondent of access to the evidence or information. As appropriate and requested, the College will provide support to students in those cases involving sexual or physical assaults.

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Hearing Participants

Respondent | Complainant | Witnesses | Advisors | Legal Counsel

The Respondent

The respondent is the student accused of violating the Student Code of Conduct. The respondent is subject to the procedures outlined in the student conduct procedures.

Notification of Hearing Procedures for the Respondent

The respondent will receive written notification of their Administrative or Committee Hearing through their College email address or by mail (either by hand delivery, or USPS to mailing address of record). This notification is referred to as an appearance letter. It is the respondent's responsibility to check his/her mail and College email address for such notifications.

The respondent will receive the appearance letter within five (5) business days of the completion of the final incident report with the following information:

  1. The nature of the complaint
  2. The code(s) allegedly violated
  3. The need to meet personally with a hearing officer or a committee to address the incident in question
  4. The time, date and location of the hearing and contact information for the hearing officer or committee chair
  5. The need to be prepared to either acknowledge or deny responsibility for the alleged violation(s)
  6. Procedures set to occur if the respondent chooses not to attend the hearing
  7. Special Cases
    1. In cases that will be heard by the Student Conduct Hearing Committee: Information regarding the committee hearing process will be provided including:
      1. Information regarding requests for witnesses
      2. Information regarding the opportunity for the complainant to arrange a pre-hearing meeting
    2. In cases involving sexual misconduct: Information will be provided including the respondent's opportunity to have an advisor present in the hearing process, options for alternative accommodations and information regarding community resources.

The Complainant

The complainant is any person(s) reporting a problem or incident to the College. In cases that involve sexual misconduct, the complainant has specific opportunities for involvement in the Student Conduct process.

In the instance of the College being the complainant, a member of Safety and Security or a designated College official may act as the complainant on the College's behalf.

Notification of a Hearing Information for Complainant

In cases that involve sexual misconduct, the complainant will receive written notification of the respondent's Student Conduct Committee Hearing through their College email address or by mail (either by hand delivery or USPS to the mailing address of record). It is the complainant's responsibility to check his/her College email address and mail for such notifications. Notification to the complainant(s) will include:

  1. The nature of the complaint
  2. Date, time and location of the hearing and contact information for the committee chair
  3. The complainant's options for participating in the hearing process
  4. Procedures set to occur if the complainant chooses not to attend the hearing
  5. Information regarding the committee hearing process
  6. Information regarding requests for witnesses
  7. Information regarding the opportunity for the complainant to arrange a pre-hearing meeting
  8. Information regarding the opportunity to have an advisor present in the hearing process
  9. A copy of the respondent's appearance letter
  10. Information regarding community resources

Witnesses

Witnesses in Administrative Hearings

An Administrative Hearing is closed to anyone except the respondent and the assigned hearing officer; witnesses are not permitted to attend. The respondent may directly request any witnesses with firsthand knowledge fill out a statement of fact through the Department of Safety and Security. Statements must be completed at least 24 hours before the scheduled hearing.

Witnesses in Committee Hearings

The respondent and complainant may both, separately, request that witnesses with firsthand knowledge attend the Committee Hearing. Requests for witnesses must be made to the Coordinator of Student Conduct at least 48 hours before the scheduled hearing. If a witness is unavailable to attend the hearing procedures, the respondent and/or complainant may request that a witnesses with firsthand knowledge fill out a statement of fact form through the Department of Safety and Security. Statements must be completed at least 48 hours before the scheduled hearing. Additionally, the respondent and complainant may choose one (1) person each to act as a character witness at a Committee Hearing on his/her behalf. Character witness information is due to the Coordinator of Student Conduct no later than 48 hours prior to the scheduled hearing. Additionally, in a Committee Hearing, the Coordinator of Student Conduct has the discretion to request that witnesses with firsthand knowledge of the incident, but who have not been requested by the respondent(s) or complainant(s), attend the hearing.

Witnesses are not notified of the outcome of the hearing procedures.

Advisors

In cases that involve sexual misconduct both the respondent and complainant have the opportunity to each have one (1) advisor of their choosing present with them during the appeal hearing proceedings to directly advise/consult with them.  Advisor information must be submitted no later than 48 hours before the scheduled hearing. The advisor is not permitted to directly address anyone else participating in the hearing process, not permitted to ask any questions, and not permitted to speak on behalf of the respondent or complainant. Should an advisor violate the terms of this role s/he will be asked to leave the hearing procedures by the Committee Chair and will no longer be permitted to participate in the student conduct hearing process. It's the respondent/complainant's responsibility to insure that his/her advisor complies with this policy.

Legal Counsel

A student may not be accompanied by legal counsel to any type of Student Conduct Hearing or Appeal Hearing (whether a practicing attorney or not) except if the matter relates to sexual misconduct or criminal charges are pending or foreseeable, in which case an attorney may accompany the student for the sole purpose of advising the student during the hearing.

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Hearing Attendance

The time, date and location of the student conduct hearing will be provided in an appearance letter and the respondent is expected to attend as directed. If the respondent, or complainant (in cases involving sexual misconduct), has a conflict with the date and/or time of the meeting it is his/her responsibility to contact the hearing officer directly to reschedule. The hearing will take place in the respondent's, and/or the complainant's (in cases involving sexual misconduct), absence if he/she fails to appear.

Respondents are afforded the opportunity of 24 hours' notice between the time in which they receive an appearance letter and the time of the student conduct hearing. Complainants in cases involving sexual misconduct are also afforded the opportunity of 24 hours' notice between the time in which they receive an appearance letter and the time of the student conduct hearing. The respondent (or complainant as applicable) may choose to expedite the hearing process by declining this opportunity and proceeding with the hearing without 24 hours' notice.

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Hearing Procedures

Administrative Hearings

The following is a general description of the student conduct hearing procedures for Administrative Hearings. These procedures may vary as appropriate for specific Administrative Hearings.

  1. The hearing officer will review the respondent's opportunities [pdf] in the student conduct process.
  2. The hearing officer will review the student's appearance letter including the alleged violations.
  3. The hearing officer will review the incident report(s).
  4. The respondent will be asked to present his/her account of the incident or behavior in question, including presenting relevant information and responding to any information provided in writing by any witnesses.
  5. The hearing officer will have the opportunity to ask the respondent any relevant questions in regard to the incident.
  6. The hearing officer will summarize to the respondent his/her understanding of the incident or behavior in question.
  7. The respondent will be offered an opportunity to make a summary statement to the hearing at the conclusion of the hearing.
  8. The hearing officer will consider the information presented and determine responsibility for the violation(s), and any sanction(s) to be applied in the event the respondent is found responsible for the violation(s).The respondent will be informed of the outcome of the hearing verbally at the closing of the hearing or may be told that more information is needed before making a decision.
    1. If the respondent is found not responsible, no further action will be taken.
    2. If the respondent is found responsible, any sanctions will be effective immediately.
    3. If more information is needed, the respondent will be provided with a date by which the decision will be made.
  9. The hearing officer will review record keeping procedures, confidentiality procedures and opportunity for appeal.

Please Note: No audio or other recording of a Student Conduct Committee Hearing or Administrative Hearing is permitted by any person.

Committee Hearings

The following is a general description of the student conduct hearing procedures for Committee Hearings. These procedures may vary as appropriate for specific hearings.

  1. Everyone present in the Committee Hearing will be introduced and their role in the process clarified. Witnesses will be present in the hearing room during this time.
  2. A member of the Hearing Committee will review the respondent's opportunities [pdf] in the process. Witnesses will be present in the hearing room during this time.
  3. A member of the Hearing Committee will review the complainant's opportunities [pdf] in the process. Witnesses will be present in the hearing room during this time.
  4. A member of the Hearing Committee will review expectations of behavior for all persons participating in the Committee Hearing. Witness(es) will be present in the hearing room during this time.
  5. A member of the Hearing Committee will review the respondent's (and complainant's if applicable) appearance letter(s) including the alleged violations. Witnesses will not be present in the hearing room during this time.
  6. A member of the Student Conduct Committee will review the incident report(s). Witnesses will not be present in the hearing room during this time.
  7. The complainant and respondent will be asked to present their accounts of the incident or behavior in question, including presenting relevant information and responding to any information provided in writing by any witnesses. Witnesses will not be present in the hearing room during this time.
  8. Members of the Hearing Committee will have the opportunity to ask the complainant and respondent, any relevant questions in regard to the incident. Witnesses will not be present in the hearing room during this time.
  9. Witness(es) will be invited into the hearing room individually to provide any relevant firsthand information regarding the incident or make a character statement on behalf of the respondent or complainant. At this time, members of the Hearing Committee will also have the opportunity to ask witness(es) any relevant questions in regard to the incident. The witness will leave the room after sharing their information.
  10. The Hearing Committee will summarize its understanding of the incident or behavior in question.
  11. The complainant and respondent will be offered an opportunity to make a summary statement to the Hearing Committee at the conclusion of the hearing.
  12. All other persons besides the Hearing Committee will then be excused from the hearing room while the Hearing Committee considers the information presented and determines responsibility for the violation(s), and any sanction(s) to be applied in the event the respondent is found responsible for the violation(s).
  13. Once a decision is made, the respondent will be invited back into the room and receive the following information:
    1. If the respondent is found not responsible, no further action will be taken.
    2. If the respondent is found responsible, any sanctions will be effective immediately.
    3. If more information is needed, the respondent will be provided with a date by which the decision will be made.
    Please Note: In cases of sexual misconduct the complainant will receive information about the outcome of the hearing immediately following the conclusion of the hearing.
  14. A member of the Hearing Committee will review record keeping procedures, confidentiality procedures and opportunity for appeal.

Please Note: No audio or other recording of a Student Conduct Committee Hearing or Administrative Hearing is permitted by any person.

Procedure for Determining Responsibility

In order to make a decision regarding any alleged violations the hearing officer or Student Conduct Hearing Committee reviews all information presented through the report(s), Complainant, Respondent, and any witnesses. The determination of responsibility for a violation(s) of the Student Code of Conduct will be made if, in the judgment of the hearing officer or the Student Conduct Hearing Committee, that the conduct was more likely than not to have occurred as alleged (i.e.- the "preponderance of the evidence").

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College Sanctions

If the respondent is found responsible for a policy violation(s), the hearing officer or Hearing Committee will determine the appropriate sanction(s). Prior violations for which a student was held responsible and subject to previous sanctions are taken into consideration when sanctioning decisions are made. The following sanctions, or modifications or combinations of them, may be applied:

Primary Sanctions

Respondents who are found responsible for violating the Student Code of Conduct will be assigned a primary sanction at the conclusion of the hearing process.

  1. Written Warning: A Written Warning serves as an expression of concern regarding behavior and as notice that upon a finding of responsibility in any other future violations, a student may be held accountable to increasingly significant sanctions. Written Warnings do not have an expiration date.
  2. Disciplinary Probation/Disciplinary Probation Extension: Disciplinary Probation is a status imposed for a specific period of time during which a student must demonstrate behavior that aligns with the Student Code of Conduct. Students on Disciplinary Probation may be restricted from certain privileges and/or lose eligibility for activities at the College. Additionally, any finding of responsibility in future violations may result in extending the time period of Disciplinary Probation status and/or increasingly significant sanctions. For assignments of Disciplinary Probation of 2 years or more, students may request a Probationary Status Review after 18 months.
  3. Suspension: Suspension from the College means a temporary termination of student status. The student may not re-enroll at St. John Fisher College for a prescribed period of time. Before re-enrollment at the College, the student will need to meet with the Assistant Dean of Students, or her designee, to discuss the student's progress in completing any assigned sanctions associated with the suspension and eligibility to resume enrollment at St. John Fisher College. Upon any re-enrollment, the student will be placed on Disciplinary Probation for the remainder of the academic career. The student's transcript will reflect "W" (withdrawn) for all courses in which the student was enrolled for the semester. Tuition, room and board charges, as applicable, will be prorated based on the College Refund Policy. The date used to determine any refund is the date of this finding or the date of any interim action related to this finding, which ever date is earlier. Persons Suspended from the College are considered to be Persona Non Grata (PNG) from the College until any successful re-enrollment at the College.
  4. Expulsion: Expulsion from the College means permanent termination of student status. The transcript will reflect "W" (withdrawn) for all courses in which the student was enrolled for the semester. Tuition, room and board charges, as applicable, will be prorated based on the College Refund Policy. The date used to determine any refund is the date of this finding or the date of any interim action related to this finding, which ever date is earlier. Persons Expelled from the College are considered to be Persona Non Grata (PNG) from the College.

Secondary Sanctions

The hearing officer or Hearing Committee may assign the respondent secondary sanctions in addition to the primary sanction. Secondary sanctions can include any, or a combination, of the following:

  • Change in Residence: A change in a resident student's current on-campus residence to another location within the College housing system as assigned by the Office of Residential Life.
  • Removal from Residence: A student's housing assignment will be canceled and the student will need to make alternate arrangements for housing off campus. Room and board charges are prorated per the College Refund Policy.
  • Compulsory Service: A specific number of hours to be spent working with an assigned College department or agency outside of the College designated by the hearing officer or Hearing Committee.
  • Educational Assignment: Assignment for the purpose of gaining additional knowledge, information, or perspective regarding a specified topic or issue. Educational assignments may include, but are not limited to: reflection papers, informational bulletin board, and/or attending a campus program or event.
  • Loss of Privilege: from specific campus privileges, opportunities or activities, in part or in total, including but not limited to:
    • Parking and/or driving on campus
    • Campus jobs
    • Participation in extracurricular activities
    • Hosting a prospective student or visitor/guest on campus
    • Participating in the following year's housing selection process
    • Access to the College's information technology resources
  • External Referral: Referral to an off campus agency for the purposes of evaluation and/or education.
  • Internal Referral: Referral to a specific department or Campus official for the purposes of evaluation and education. Referrals may include, but are not limited to, medical interventions, Mental Health Counseling, meetings with the Fire Marshall, etc.
  • Fines: Monetary fine paid to the College by the date specified. All financial obligations must be satisfied prior to or at the time of course registration for the next semester or graduation from the College.
  • Restitution: Monetary reimbursement to the College, an individual, or organization for any property damages or losses resulting from the acts committed.
  • Persona Non Grata (PNG): A student may be declared persona non grata and prohibited from accessing designated areas of campus or the campus in its entirety.

Please Note: Any sanction imposed by the original hearing officer or Hearing Committee will be in effect as stated in the decision letter until the conclusion of the appeal process, unless the Assistant Dean of Students or the Vice President of Student Affairs grants a written exception.

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Notification of the Outcome of a Hearing

Respondent Notification

The respondent will receive written notification of the outcome of the Administrative, Committee or Appeal Hearing through their College email address or by mail (either by hand delivery, or USPS to mailing address of record). This notification is referred to as a decision letter. It is the respondent's responsibility to check his/her College email address and mail for such notifications. The respondent will receive the decision letter within five (5) business days including the following information:

  1. The date that the hearing took place and a summary of the incident
  2. The code(s) in which the respondent was found responsible, if any
  3. The primary sanction the respondent was assigned
  4. Any secondary sanction(s) the respondent was assigned, if any, which will include criteria for completion of the sanction as appropriate
  5. Information regarding the Appeals Process
  6. Contact information for the hearing officer
  7. For cases involving sexual misconduct only: Information regarding retaliation, nondisclosure of information and community resources.

Complainant Notification

Ordinarily, complainants will not be informed of the outcome of a student conduct hearing.

However, where complaints involve sexual misconduct, the complainant will receive notification in writing, simultaneously to the written notification of the respondent, which will include the following:

  1. Date and nature of the incident which the complainant previously reported
  2. Date of the hearing(s), respondent(s) name(s) and confirmation of whether or not the complainant chose to participate in the hearing procedures
  3. Information regarding the appeals process
  4. Information regarding retaliation and nondisclosure of information
  5. Information regarding community resources
  6. Contact information for the hearing officer
  7. A copy of the respondent's decision letter

Additionally, complainants in cases involving violent acts of a non-sexual nature can request information regarding the outcome of the hearing from the Coordinator of Student Conduct and requests will be reviewed on a case-by-case basis.

Parental Notification

Ordinarily, parents or legal guardians will not receive notification from the College about violations of the Student Code of Conduct. However, if a student is held responsible for a violation of alcohol or drug policies, or if the student is found responsible for a serious violation of College policies, the parent or legal guardian, at the discretion of the Assistant Dean of Student and Residential Life, or her designee, may receive notice documenting the violation and the outcome of a Student Conduct Hearing. Federal regulations permit this notification without the student's consent for those students who are dependents, under the age of 21. This notification would be mailed to the home address of record. The student will also receive a copy of this notification.

Athletic Notification

Student athletes found responsible for College violations through the Student Conduct Process, including violations of the Policy on Alcohol and Drugs, are also subject to sanctions assigned by the Athletic Department Discipline Committee. Sanctions assigned by the Athletic Department Discipline Committee are in addition to the actions and sanctions assigned to students found responsible for college policy violations through the College Student Conduct Process. Students who are members of College athletic teams are required to fulfill NCAA requirements for drug testing, education, counseling and other appropriate treatment when drug use is suspected or confirmed.

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Appealing a Decision

Grounds for Appeal

For an appeal hearing to be considered, the respondent/complainant must demonstrate in writing that one or more of the following applies to his/her situation:

  1. The original hearing was inconsistent with the established student conduct procedures.
  2. The sanction imposed was not in keeping with the gravity of the violation.
  3. New information is available now that was not available at the time of the hearing which may substantially change the outcome.

An appeal hearing will be considered only on the ground(s) alleged by the student.

The Assistant Dean of Students will consider the information contained in the appeal request and relevant information contained in the student's conduct file. The Assistant Dean may also consult with the original hearing officer for background information regarding the original Student Conduct Hearing.

The respondent, and complainant (in cases involving sexual misconduct or discriminatory harassment), will be notified of the status of his/her appeal request within five business days of the submission of the Appeal Hearing Request form.

Respondent Appeals

After the Administrative or Committee Hearing, the respondent will receive written notification of the outcome of the original hearing (referred to as a decision letter). The respondent may then choose to submit a request for an appeal hearing, based on the grounds below, through the Appeal Hearing Request form. The request for an appeal must be received within five (5) business days after receipt of the decision letter. The Assistant Dean of Students, or her designee, serves as the Appeal Officer and will review the request for the appeal.

In cases involving sexual misconduct: The complainant will be notified if an appeal request is submitted by the respondent. If a respondent is granted his/her request for an appeal, the complainant will be notified of the date, time and location of the appeal hearing and will have the opportunity to participate in the Appeal Hearing Process.

Complainant Appeals

In cases involving sexual misconduct, a complainant may appeal the outcome of a Committee Hearing. After the complainant receives written notification of the outcome, s/he may choose to submit a request for an appeal hearing, based on the grounds below, through the Appeal Hearing Request form. The respondent will be notified if an appeal request is submitted by the complainant. If a complainant is granted his/her request for an appeal, the respondent will be notified of the date, time and location of the appeal hearing and will have the opportunity to participate in the Appeal Hearing Process.

The request for an appeal must be received within five (5) business days after the receipt of the notification of outcome letter. The Assistant Dean of Students, or her designee, serves as the Appeal Officer and will review the request for the appeal.

Attendance at the Appeal Hearing

Appealing Student

The appealing student is the person requesting an appeal. He/she able to appear before the Assistant Dean, or her designee, or the Appeal Hearing Committee during the appeal hearing and be present while any witness is contributing information.

Other Party

In cases involving sexual misconduct, the "other party" is the person who participated in the original hearing as the complainant or respondent. The other party is able to appear before the Appeal Hearing Committee during the appeal hearing and be present while any witness is contributing information.

Advisors

In cases that involve sexual misconduct, both the appealing student and other party have the opportunity to each have one (1) advisor of their choosing present with them during the appeal hearing proceedings to directly advise/consult with them. The advisor is not permitted to directly address anyone else participating in the hearing process, not permitted to ask any questions, and not permitted to speak on behalf of the appealing student or other party. Should an advisor violate the terms of this role s/he will be asked to leave the hearing procedures by the Committee Chair and will no longer be permitted to participate in the appeal hearing process. It's the appealing student's and other party's responsibility to insure that his/her advisor complies with this policy.

Witnesses

Witnesses are not allowed in any Appeal Hearing unless an appeal is based on ground #3 (see above) and requires firsthand knowledge from a witness who was not available at the time of the original investigation or hearing. The witnesses name and contact information must be provided in the appeal request. Witnesses are not notified of the outcome of the hearing procedures.

Appeal Hearing Procedures

If an appeal hearing is granted, the Assistant Dean of Students, at her discretion, may meet with the appellant individually, assign the appeal hearing to her designee, or convene an Appeal Hearing Committee. If an Appeal Hearing Committee is used, the membership of the committee may include a combination of students, faculty, and staff who have been trained in the Student Conduct Process. The Assistant Dean or her designee will serve as the chairperson of the Appeal Hearing Committee.

Individual Appeal Hearing

An individual appeal hearing takes place between the respondent and the Assistant Dean of Students or her designee. Individual Appeal Hearings are private and closed to anyone but the respondent and the appeal hearing officer. The following is a general description of the Individual Appeal Hearing procedures. These procedures may vary as appropriate for specific Individual Appeal Hearings.

  1. The Appeal Hearing Officer will present and review the student's appeal request.
  2. The appealing student will be given the opportunity to present relevant information to the Appeal Hearing Officer.
  3. The Appeal Hearing Officer will have the opportunity to ask questions of the appealing student.
  4. The Appeal Hearing Officer will summarize his/her understanding of the appealing student's appeal request.
  5. The appealing student will have the opportunity to make a summary statement to Appeal Hearing Officer.
  6. The Appeal Hearing Officer will consider the information presented and make a decision regarding the student's request for an appeal. The Assistant Dean, or her designee, may modify the decision and/or sanctions by reducing or increasing them at his/her discretion.
    1. Alternately, the appealing student will be informed of the outcome of the appeal hearing verbally at the closing of the hearing or may be told that more information is needed before making a decision.
  7. The Appeal Hearing Officer will review record keeping procedures and confidentiality procedures and the hearing will be concluded.

The decision made by the Assistant Dean, or her designee, is final. There is no further opportunity to appeal the decision(s) made in the individual appeal hearing.

Appeal Committee Hearing

The following is a general description of the procedures in an Appeal Committee Hearing. These procedures may vary as appropriate for specific appeal committee hearings.

  1. The chair of the Appeal Hearing Committee will facilitate the hearing
  2. Everyone present in the Appeal Hearing will be introduced, including witnesses as applicable, and their roles in the process clarified.
  3. The chair will present and review the appealing student's request
  4. The appealing student will be given the opportunity to present relevant information to the Appeal Hearing Committee
  5. Members of the Appeal Hearing Committee will have an opportunity to ask questions of the respondent
  6. In cases involved sexual misconduct: The other party will have the opportunity to respond to appealing student's request for an appeal. Members of the Appeal Hearing Committee will then have the opportunity to ask questions of the other party.
  7. The appealing student and the other party will both have the opportunity to make a summary statement to the Appeal Hearing Committee.
  8. All other persons besides the Appeal Hearing Committee will then be excused from the hearing room while the Appeal Hearing Committee considers the information presented.
  9. The respondent will be informed of the outcome of the appeal hearing verbally at the closing of the hearing or may be told that more information is needed before making a decision.
  10. After reviewing all the documentation and information provided, the appealing student and other party will be excused and the Appeal Hearing Committee will deliberate and make a decision by majority vote. Appeal Hearing Committee may modify the decision and/or sanctions by reducing or increasing them at his/her discretion.
    1. Alternately, the Appeal Hearing Committee may decide to postpone making a decision as information is needed. If more information is needed before making a decision, those involved will be provided with a date by which the decision will be made.
    Please Note: In cases involving sexual misconduct the other party will receive information about the outcome of the hearing immediately following the conclusion of the hearing.
  11. After a decision is made, the appealing student will be asked to return to the room, the decision will be read, the chair of the Appeal Hearing Committee will review record keeping procedures and confidentiality procedures and the hearing concluded. (For cases involving sexual misconduct, the other party will be notified of the outcome separately immediately following the conclusion of the hearing.)

The decision made by the Appeal Hearing Committee is final. There is no further opportunity to appeal the decision(s) made at the Appeal Committee Hearing.

Notification of Appeal Outcome

In addition to any verbal communication at the end of the Appeal Hearing Committee, the appealing student (and the other party in cases involving sexual misconduct) will receive written notification (known as an appeal hearing decision letter) within five (5) business days. Additionally, for cases involving student athletes, the Athletic Department will be notified per College policy.

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Statement of Nondisclosure

The College will not require any party involved in the Student Conduct Process to abide by a nondisclosure agreement, in writing or otherwise, that would prevent the re-disclosure of information related to the outcome of the student conduct procedures. However, the College encourages all parties to respect the privacy of other participants when considering the re-disclosure of information.

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Student Conduct Records

All documentation of Student Conduct Hearings become part of the student's student conduct file, part of the student's educational record, which is maintained in the Office of Residential Life and Student Conduct. Records may be released to College officials on a "need-to-know" basis. Student conduct records may be released to persons and agencies external to the College with the student's permission, or in compliance with the law. Records subpoenaed or ordered by a judge may be released without the student's permission. A record may also be released if it is in the College's legal interest to do so.

All student conduct files will be maintained for seven (7) years after the most recent recorded incident. These student conduct records are destroyed at the end of the appropriate time period. Records pertaining to students who are suspended or expelled will be maintained permanently.

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