Charges & Student Conduct Council Hearings
1. Any member of the College community may file a complaint against a student for alleged violations of the Student Conduct Code. A complaint shall be prepared in writing and directed to the Student Conduct Administrator. Any complaint should be submitted as soon as possible after the event takes place, preferably within three business days.
2. The Student Conduct Administrator may conduct an investigation to determine if the complaint has merit and charges are warranted. When charges are warranted, the matter can be disposed of informally by mutual consent of the parties involved on a basis acceptable to the Student Conduct Administrator. Such informal disposition shall be final and there shall be no subsequent proceedings. If the charges are not admitted and/or cannot be disposed of by mutual consent, the Student Conduct Administrator may later serve in the same matter as the Student Conduct Council or a member thereof.
3. All Student Conduct Code charges shall be presented to the Accused Student in written form. A time shall be set for a Student Conduct Council Hearing not less than 3 business days after the student has been notified unless the Student Conduct Administrator, accused student and complainant agree to a time of fewer than 3 business days.
4. Student Conduct Council Hearings shall be conducted by a Student Conduct Council according to the following guidelines except as provided by article IV (A) (6) below:
a. Student Conduct Council Hearings normally shall be closed.
b. Student Conduct Council Hearings shall be structured as follows at the discretion of the Student Conduct Administrator:
1. Administrative Hearing. Comprised of the Student Conduct Administrator and/or his/her designee(s); or
2. Student Conduct Panel. Comprised of three students from the Student Conduct Council; or
3. Student Conduct Board. Comprised of two students and three College officials from the Student Conduct Council.
c. The Complainant, Accused Student and their advisor, if any, shall be allowed to attend the entire portion of the Student Conduct Council Hearing at which information is received (excluding deliberations).
d. In Student Conduct Council Hearings involving more than one Accused Student, the Student Conduct Administrator, in his or her discretion, may permit the Student Conduct Council Hearings concerning each student to be conducted either separately or jointly.
e. The Complainant and the Accused Student have the right to be assisted by an advisor they choose. The advisor must be a member of the College community and may not be an attorney. The Complainant and/or the Accused Student is responsible for presenting his or her own information, and therefore, advisers are not permitted to speak on behalf of the student or to participate directly in the Student Conduct Council Hearing. Advisers are welcome to confer with and communicate directly to the student they are advising anytime during the actual hearing proceeding. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Student Conduct Council Hearing because delays will not be allowed due to the scheduling conflicts of an advisor.
f. The Complainant, the Accused Student and the Student Conduct Council may arrange for witnesses to present pertinent information to the Student Conduct Council. The College will try to arrange the attendance of possible witnesses who are members of the College community, if reasonably possible, and who are identified by the Complainant and/or Accused Student at least two business days prior to the Student Conduct Council Hearing. Witnesses will provide information to and answer questions from the Student Conduct Council. Questions may be suggested by the Accused Student and/or Complainant to be answered by each other or by other witnesses. This will be conducted by the Student Conduct Council with such questions directed to the chairperson, rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved in the discretion of the chairperson of the Student Conduct Council.
g. Pertinent records, exhibits, and written statements (including Character References and Student Impact Statements) may be accepted as information for consideration by a Student Conduct Council at the discretion of the chairperson if submitted at least two business days prior to the Student Conduct Council Hearing.
h. All procedural questions are subject to the final decision of the Student Conduct Council Chairperson and/or the Student Conduct Administrator.
i. After the portion of the Student Conduct Council Hearing concludes in which all pertinent information has been received, the Student Conduct Council shall determine (by majority vote if the Student Conduct Council consists of more than one person) whether the Accused Student has violated each section of the Student Code which the student is charged with violating.
j. The Student Conduct Council's determination shall be made on the preponderance of evidence standard (whether it is more likely than not that the Accused Student violated the Student Code).
k. 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 Conduct Code proceedings.
5. If an Accused Student, with notice, does not appear before a Student Conduct Council Hearing, the information in support of the charges shall be presented and considered even if the Accused Student is not present.
6. The Student Conduct Council may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Accused Student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, video conferencing, video recordings, written statement, or other means, where and as determined in the sole judgment of the Student Conduct Administrator to be appropriate.