All members of California College of the Arts (CCA) community have a strong responsibility to protect and maintain an academic climate in which the fundamental freedom to learn can be enjoyed by all.

The Student Code of Conduct outlines students’ responsibilities to the CCA community by regulating behavior that takes place on college property, occurs during the course of college-related activities, or has the potential for harm to the college or its community, whether that behavior occurs in person or via electronic forms and devices.

This policy applies to anyone taking courses at the college, whether full time or part time; for credit or not for credit; and at the undergraduate, graduate, or nondegree-seeking level.

This policy applies to any persons with a pending relationship with the college who may not be officially enrolled (e.g., someone admitted to the college, on disciplinary suspension, on a current leave of absence, or on academic dismissal).

“College community” or “CCA community” includes students, faculty, staff, administrators, contractors, volunteers, and others involved in any employment, educational, or other relationship with the college. “College community” can also include guests of or visitors to the college, its constituents, or its property as well as those participating in college-sponsored activities elsewhere.

“College Property” includes spaces that are owned, managed, leased, or authorized by the college and other spaces in which college-sponsored activities take place, including sites in other campuses, cities, or countries.

(Note: the scope of this policy is not limited to those behaviors that occur on college property. For conduct that is sexual or gender-related, the Policy for Protection of Students From Sexual Misconduct must be used.)

The vice president for Student Affairs serves as the final authority regarding interpretation of the college’s conduct policies and processes; the vice president for Human Resources/ Title IX Coordinator is the final authority for policies and processes for protection of CCA students from all forms of sexual misconduct.

The dean of students Office oversees administrative procedures, community outreach, and educational programming related to the Student Code of Conduct and conduct processes.

For further information, please contact the associate vice president for student affairs & dean of students or the assistant dean of students for conduct & case managment:

Jeannine Szamreta, Associate Vice President for Student Affairs/Dean of Students
deanofstudents@cca.edu

Joren Plunkett, Associate Dean of Students

joren.plunkett@cca.edu

Referrals for violations of the student code of conduct can be made through the CCA Cares Report form.

CCA expects its students to uphold the college’s values of artistic and academic excellence, compassion, integrity, and global citizenship. The following list, while not exhaustive, illustrates those behaviors that, when determined to have occurred in the judgment of the college, necessarily violate the values of the college; impinge upon the rights, safety, and well being of its constituents; and therefore represent misconduct subject to disciplinary action:

• Attempted or actual theft of or damage to college property or property of college community members.
• Conduct that could result in the violation of any federal, state, or local law.
• Conduct which threatens or endangers the health or safety of any member of the college community including but not limited to disorderly conduct, physical abuse, verbal abuse, threats, verbal or nonverbal intimidation, bullying, stalking, or coercion.
• Failure to comply with the directions of college officials, law enforcement units, and emergency personnel acting in authorized performance of their duties. This also includes failure to identify oneself to such persons when requested.
• Failure of a student to act in a responsible manner to assure that the student’s guest is preserving the rights of the college community as outlined within the Student Code of Conduct.
• Forgery, alteration, or misuse of college documents, records, or identification.
• Hazing or conspiring to engage in similar acts that actually or potentially injure, endanger, or humiliate any fellow student or member of the college community, whether the hazing is consensual or not.
• Interference with, obstruction of, or disruption of the teaching or learning process, administration, or any other college-sponsored activity.
• Knowingly furnishing false information to the college.
• Possession, distribution, or use of any controlled substances on college property or at college-sponsored activities.
• Possession, distribution, or use of alcohol on college property or at college-sponsored activities, except under the conditions specified in the Alcohol Policy.
• Possession, distribution, or use of cigarette or vapor products on college property or at college-sponsored activities, except under the conditions specified in the Smoking Policy.
• Possession or use of a weapon or a replica thereof, such as a firearm, knife, explosives, or any other instrument used or potentially used to intimidate, threaten, and/or injure any member of the college community.
• Retaliation -- adverse action taken against a person because of the person’s good faith opposing, reporting, or threatening to report a violation of the Code of Conduct or for participating in good faith in investigations, proceedings, hearings, or remediation related to college policies, including the Code of Conduct.
• Soliciting, assisting, or inciting another college community member to perform an act that violates the Student Code of Conduct or attempting to do same.
• Unauthorized entry or use of college property, which includes unauthorized residence.
• Unauthorized possession, distribution, use, or duplication of keys or access cards for college property.
• Unauthorized use of electronic or other devices to record any person while on college property, disseminate personal information, or otherwise violate privacy without prior knowledge or consent.
• Unlawful harassment or discrimination based on race, color, religion, sex (including gender identity and pregnancy), national origin, age, disability, genetic information, sexual orientation, or parental status
• For Sexual misconduct or violations of Title IX please see Policy for Protection of Students From Sexual Misconduct

The conduct process provides a fair and impartial assessment of a student’s responsibility for violating the Student Code of Conduct and Policy Prohibiting Discrimination, Unlawful Harassment, and Retaliation. It is an administrative and educational process rather than a legal one. The standard conduct process is completed within sixty (60) days; respondents and complainants are notified of time frame adjustments and advised of options for ensuring a prompt and equitable process.

(Note: The process for assessment of student responsibility for violation of the Policy for Protection of Students From Sexual Misconduct is set forth in the policy only.)

The dean of students or designee will consult with other college officials to determine which policies and procedures to apply where there is confusion or conflict. Where applicable, policies for Pre-College, Summer Atelier, Young Artist Studio Program, and other youth programs sponsored by the Office of Special Programs will supersede this Student Code of Conduct. The college reserves the right to use an accelerated conduct process -- without the option for an administrative hearing -- when deemed necessary.

Students may be accountable to criminal and/or civil authorities as well as to the college for acts that violate laws in addition to CCA policies. College conduct processes will not await civil or criminal proceedings unless the government requires a deferral.

Please see the separate Student Handbook section on Reporting Sexual Misconduct .

The College encourages students, faculty, and staff to resolve disputes informally in appropriate cases. To learn more about informal dispute resolution, contact the dean of students.

Reporting Student Misconduct

The College encourages students, faculty, and staff to resolve conflicts informally and at the lowest level. When that is not possible or appropriate, any member of the campus community may report alleged student misconduct using the College’s online reporting form. The report should describe the misconduct and identify the student(s) involved in the incident. Reports will be reviewed by the dean of students and/or designee and, if there appears to be reliable information indicating that a violation may have occurred (i.e., complaint), the student conduct process will be initiated, creating a conduct case. The College also reserves the right to initiate a case without a formal complaint, and to investigate anonymous reports. When appropriate, reports may also be addressed through the CCA Cares Team procedures or through other non-conduct procedures.

Culture of Reporting

As the College is concerned about threats to personal or collective safety, including any form of sexual misconduct, discrimination, unlawful harassment and retaliation; all reports will be taken seriously and reviewed. If a student may have violated another aspect of the Student Code of Conduct (such as consuming alcohol underage) and is concerned about consequences for themselves when reporting a more egregious incident (such as sexual misconduct or a threat of violence), the reporting student should be assured that the College’s interest is in addressing the more egregious behavior and maintaining the safety of individuals and the campus. Pending no threat to safety or other compelling reason, other behaviors that are of less seriousness may be addressed through alternative means (such as informal discussions or referrals to appropriate staff on campus or agencies off campus).

See reporting options without time limit for cases of Sexual Misconduct.

Preliminary Investigation & Review

A preliminary investigation may be necessary in order to determine if there is credible information that warrants charging a student with violating the Code. Preliminary meetings with the complainant and/or witnesses may occur prior to initiating the student conduct process or contacting the accused student. If the accused student is contacted about the case during the preliminary investigation, he/she will be made aware of the initiation of a preliminary investigation and that the incident could result in a student conduct process being initiated.

The preliminary investigation and review may result in any of the following:

• Case Not Pursued: If there does not appear sufficient credible information to indicate a violation occurred, the case will not be pursued through the formal student conduct process. The information may still be retained by the College to document that the situation was reviewed.
• Informal Response: If the situation is concerning but doesn’t appear to be a violation (such as an incident which occurs outside of the College’s jurisdiction, or repeated low-level behaviors), there may still be an institutional response without formal conduct charges. For example, the student may be asked to meet with a staff member to discuss the situation prior to registering for courses, may be requested to participate in a mediated conversation, or may receive a letter informing him/her that the behavior, were it to occur on CCA’s campus, would constitute a violation.
• Initiation of Conduct Process: If it appears that a student may have violated the Code, and that this occurred within the College’s jurisdiction, the conduct process will be initiated.

Interim Measures
Interim measures may be taken upon initial receipt of a report, when the College becomes aware of a concern, or at a later time in the student conduct process. Interim measures are considered administrative rather than disciplinary actions and may include the following:

• The vice president for student affairs, associate vice president for student affairs, dean of students, or designee may suspend students from the college for an interim period, pending another event to occur. An interim suspension becomes effective immediately, without prior notice, if there is information that the students’ continued presence poses, in the vice president’s judgment, a threat of significant harm to the community or to the performance of college functions.
• The interim disciplinary suspension will not delay or void the conduct process, which will proceed on a normal schedule up to and through consideration of the case by a Hearing Officer, if required.
  *During interim disciplinary suspension, students may be denied access to all college property and all college activities or privileges for which they might otherwise be eligible.
• Alternative intermediary steps may include adjusting the class schedule, residence, employment, or other activities of the complainant or the respondent. Steps may also include a no-contact order for complainant, respondent, or other participants in the conduct process. Where possible, the impact of such adjustments on the complainant will be minimized.
• Complainants can also be advised about withholding FERPA directory information or referred to the director of public safety for information about enhanced public safety escort services (if warranted) or assistance with observing restraining orders.
• In cases of access to suspect possession of weapons, the college reserves the right to search personal belongings, including but not limited to articles of clothing, purses, briefcases, bags, and vehicles. All such searches must be approved by the vice president for student affairs, associate vice president for student affairs, dean of students, or designee. The college may request the involvement of law enforcement officials in cases of suspected possession of weapons or contraband.
• In the case of possible violations of federal, state, or local criminal law, the college reserves the right to refer matters to the appropriate authorities. When students are charged by federal, state, or local authorities with a violation of criminal law, the college will not request or agree to special consideration for them because of their status as students. When students are taken through criminal proceedings as well as conduct processes, the college may advise off-campus authorities of CCA’s procedures.

Notification of Charges
If there appears to be credible information indicating a student may have violated the Code, the dean of students will designate a student conduct officer. The student conduct officer serves as the hearing officer for complaints of student misconduct. The student will then be sent a notice.

This notice includes

• The aspect(s) of the Code that it appears the student may have violated (i.e., “charges”).
• A link to the Student Code of Conduct where the student can learn about the process.
• The type of resolution method being used for the complaint, either an administrative hearing or investigation.
• Instructions as to how to proceed after the notice, such as the date, time, and location of the administrative hearing or instructions on the next step in the investigation process.
• The right to bring an advisor or person of support to any student conduct meeting, hearing, or interview.

Resolution Methods

1. Written Warning
   Written warnings are issued when a designated College official reviews the information related to the case and determines that no further information is needed to make a finding. This form of complaint resolution process is used for first time low level offenses of the Student Code of Conduct. In this method, a student will be informed through email and will have the option of requesting an administrative hearing if they choose.
2. Administrative Hearing Resolution Method
   Administrative hearings occur when a designated College official reviews the information related to a case, makes a finding of “responsible” or “not responsible” for each alleged violation, and issues sanction(s) for any findings of responsibility. This form of complaint resolution is used for most alleged violations of the Student Code of Conduct and the student conduct officer serves as the administrative hearing officer for most cases. The dean of students may also designate additional hearing officers and may serve as a hearing officer. In this method, a student is informed of the opportunity and deadline to meet with the hearing officer (or other designated hearing officer) to:

• Ask questions about the student conduct process
• Review the complaint of misconduct, as well as any other relevant case information, such as the substance of information received from witnesses
• Respond to the information by providing the student's perspective on the incident and alleged behaviors
• Bring forth witnesses to the incident in question to be interviewed
• Acknowledge or deny responsibility for the charged violation(s)
• Provide any information related to sanctions (if applicable), including what he/she may have learned from the incident or any factors to be considered at sanctioning

For some complex cases, a campus investigation may be done prior to the case proceeding to an administrative hearing. If the respondent chooses not to meet with the hearing officer by the given deadline, the hearing officer may proceed with the determination of responsibility and any sanctions. Depending on the nature of the case, the hearing officer may instead place a hold on the student’s account, preventing registration until the student has met with the hearing officer.

(Note: Potential violations of the policies prohibiting Discrimination, Unlawful Harassment, and Retaliation may proceed through the investigation resolution method.)

C. Investigation Resolution Method

This process is designed to provide a fair and equitable resolution process and it may also be used in cases where the dean of students (or designee) determines it is appropriate. All cases involving allegations of violations of the policy Prohibiting Discrimination, Unlawful Harassment, and Retaliation, as well any as other situations the dean of students deems appropriate (such as when the risk of retaliation appears high or personal victimization is alleged of occurring) may be resolved through the investigation resolution process. Investigators and intake officers involved in this process are trained on the student conduct process and also receive additional training including both annual training on issues related to crimes of unlawful harassment and discrimination and how to conduct an investigation and resolution process that protects the safety of victims and promotes accountability as well as specialized training on:

• How to conduct and document adequate, reliable, and impartial investigations
• How to interview persons who may have been subjected to unlawful harassment and discrimination
• What types of conduct constitute unlawful harassment and discrimination
• The importance of accountability and remedial actions for individuals found responsible for unlawful harassment and discrimination
• Cultural awareness regarding how unlawful harassment and discrimination may affect students differently
• How trauma and defense mechanisms can appear in the conduct process
• Common societal misperceptions about unlawful harassment and discrimination
  

In this method, students’ rights are protected, although there may not be a face-to-face meeting involving both the complainant and the respondent. Instead, the parties have the opportunity to meet with the investigator, where they have the chance to review and respond to the case information at the designated time(s). The case information is summarized in a final report that contains the investigation summary as well as any refutation or response provided by either party after their review of it.

Investigators and intake officers are designated by the dean of students and may include the dean of students. Investigations (including determination of outcomes) are generally completed within 60 calendar days. In the case of delays in the process, the complainant(s) and respondent(s) will be kept informed of the delays in the process.

As this resolution process has the fewest but the most specially trained employees involved, this method provides the most private form of resolution for both the complainant and respondent and also promotes the timeliest response, depending on the responses of the involved parties and the complexities of the case.

Outcome & Notification

The student conduct officer will provide written notice of the final resolution of charged violation(s) within 10 working days of the decision issued by the hearing officer. In cases where the behaviors in question may also constitute a crime of violence (as described in the Clery Act), as well as in cases involving any allegation of sexual misconduct, discrimination, and unlawful harassment and discrimination, the complainant (or victim) will also receive notice of the outcomes. The written notice is customarily provided electronically and includes

1. Each charged violation(s) and the determination of whether or not the accused student is responsible for committing the violation;
2. A rationale of the findings;
3. The sanction(s) imposed and the deadlines or time periods for which they are in effect;
4. A statement of the right to file an appeal and process for doing so;
5. A statement that failure to file a request for such an appeal within the time provided shall be deemed a waiver of the right to an appeal.

College officials may also receive notice (in all or in part) of the outcomes when there is a legitimate educational reason for this, such as when their role is necessary for enforcement of the sanction(s).

The College offers the opportunity to appeal the outcomes of student conduct procedures as described below. Sanctions are in effect even while an appeal is being considered, unless otherwise stated in writing by the dean of students. An appeal is not a re-hearing of the case, but an evaluation of whether the ground(s) for an appeal are present and should alter the outcome of the case. Not participating in a conduct process is not grounds for an appeal. Appeals of administrative hearings or the investigation resolution process may be requested based only on one or more of the following:

• the College’s procedures were not followed, and the deviance would substantially alter the outcome(s) of the case;
• there is new relevant evidence not reasonably available at the time of the hearing; or
• the evidence does not clearly support the finding(s); or
• the sanctions are inappropriate relative to the violation.

Appeals addressing one or more of the above grounds must be submitted in writing to the vice president for Student Affairs (or designee) within ten working days of the sending of the notice of outcomes. If the vice president for Student Affairs has a conflict of interest in serving as the appellate officer, a different appellate officer will be designated. The appellate officer will review the appeal and will provide a response to the student within ten working days after receipt of the appeal. If the grounds for appeal are determined to be founded, the appellate officer may adjust the finding(s) and/or the sanction(s).

In cases where the behaviors in question may also constitute a crime of violence (as described in the Clery Act), as well as in cases involving any allegation of unlawful harassment and discrimination, both the respondent and the complainant (or victim) have the right to appeal the finding(s) of responsibility and/or sanctions based on the above criteria. If an appeal is received, the other party will be notified of the receipt of the appeal, the grounds upon which the appeal has been sought, and of the opportunity to provide information for consideration by the vice president for Student Affairs (or designee) no later than ten working days from the receipt of the appeal. In these cases, the vice president for Student Affairs (or designee) will have an additional ten working days to provide a response. In all cases, the decision of the vice president for Student Affairs (or designee) is final.

Rights of Respondents
Students who are alleged to have violated the Student Code of Conduct or other applicable policies are entitled to the following procedural protections:

• To a prompt and equitable conduct process.
• To be considered “not responsible” for charges until found “responsible.”
• To be informed of the specific charges against them.
• To be informed of the identity of the complainant, except when identification may pose a danger to the complainant or when the impacted community member decides not to be identified and the college has a substantial interest pursuing the case. In such instances, the college is the complainant.
• To be informed of the options to resolve the charges.
• To be accompanied by an advisor or person of support during all meetings or hearings.
• To hear and respond to information upon which a charge is based.
• To present information and identify witnesses who can provide additional relevant information.
• To receive timely notice (i.e., as prompt as possible) of meetings at which the they may be present and information about whether an advisor or person of support may attend with them
• To expect proceedings that are consistent with college policies and rendered transparent (lacking hidden agendas, fair and clear to all, with information available to each party) via the provision of an advisor or person of support and timely and equal access to any information that will be used during informal and formal disciplinary meetings and hearings, including the investigation report
• To be assured that all participants will be requested to keep information as private as possible.
• To be informed of the outcome of the investigation/hearing, options for appeal, and outcome of any appeal.
• To be informed of these rights prior to any administrative meeting with a student conduct officer.

The best course of action for respondents who wish to preserve their rights and make use of all available options is to participate fully in the conduct process.

Rights of Complainants
CCA community members who file a complaint or whose rights have allegedly been violated are entitled to the following procedural protections:

• To a prompt and equitable conduct process.
• To have their identity shielded when identification may pose a danger to them.
• To be informed of alternatives to resolve the charges, including optional pursuit of criminal charges.
• To be advised of how the campus can support court-ordered no-contact, restraining, and protective orders, such as by notifying CCA’s Public Safety department or placing additional safeguards with the Registrar on publicly available information about the complainant.
• To be accompanied by an advisor or person of support during an all meetings or hearings.
• To hear and respond to information upon which a charge is based.
• To present information and identify witnesses who can provide additional relevant information.
• To receive timely notice (i.e., as prompt as possible) of meetings at which the they may be present and information about whether procedural advisors may attend with them
• To expect proceedings that are consistent with college policies and rendered transparent (lacking hidden agendas, fair and clear to all, with information available to each party) via the provision of an advisor or person of support and timely and equal access to any information that will be used during informal and formal disciplinary meetings and hearings, including the investigation report
• To be assured that all participants will be requested to keep information as private as possible.
• To be informed of the outcome of the investigation/hearing, options for appeal, and outcome of any appeal.
• To be informed of these rights before the respondent is notified of charges.

The best course of action for complainants who wish to preserve their rights and make use of all available options is to participate fully in the conduct process. Complainants may be eligible for additional options and protections in cases of sexual misconduct, discrimination, and unlawful harassment.

See Reporting Discrimination, Unlawful Harassment, and Retaliation

Respondents’ and Complainants’ Responsibilities

• Meet with their advisor or person of support to review the student conduct process (very strongly recommended).
• Present a written personal account, witness contact information, and other pertinent records to the student conduct officer and/or investigators.

Sanctions
Sanctions hold students accountable for violations of community standards and policies, enable students to learn to be effective community members in the future, and preserve community safety. If found responsible, students may receive one or more of the following sanctions:

• Written warning: students are notified in writing that they have been found responsible for a low-level violation of the Student Code of Conduct, provided educational resources regarding CCA policies, and notified that more serious penalties will be forthcoming if any further violation occurs.
• Disciplinary warning: students are notified in writing that more serious penalties will be forthcoming if any further violation occurs.
• Disciplinary probation: students are notified of a specified period of time during which privileges may be restricted (e.g., studying abroad, serving in a student leadership position), conditions imposed (e.g., no entry into college residence halls or college-sponsored events). Violations of the terms of disciplinary probation or any other violation of college policies and regulations during the period of probation may result in additional sanctions, up to and including suspension or dismissal from the college. Students on disciplinary probation who earn lower than a 2.0 term or cumulative GPA are subject to academic dismissal.
• Disciplinary suspension: students are excluded from college property, college-sponsored classes and activities, and other privileges for a specified period of time. A student’s eligibility for reinstatement is contingent upon completion of the conditions imposed in the outcome letter and compliance with normal standards for enrollment.
• Disciplinary dismissal: students are permanently separated from the college and excluded from its property, college-sponsored classes and activities, and other privileges.
• Restitution: students are required to repay the college or an affected party for damages.
• Fines: students are fined a specified monetary amount.
• Educational sanctions: students are required to complete educational projects, such as attending workshops or meetings, participating in community service, writing reflective or research papers, etc.
• Records hold: students have holds placed on their records preventing class registration, awarding of diplomas, and/or issuing of transcripts or other records until the terms of the sanctions are completed.
• Withholding the degree: students’ degrees are withheld until the completion of the conduct process, including the resolution of imposed sanctions, regardless of the students’ academic status. This sanction requires approval of the provost.
• Revocation of community privileges: the college revokes privileges normally associated with community members’ status as admitted students, nondegree students, or alumni/ae.

The college considers significant mitigating or aggravating factors when imposing sanctions and does not follow progressive disciplinary actions (i.e., students do not have to be placed on warning or probation before they are considered for suspension or dismissal). Mitigating or aggravating factors may include the present demeanor and past conduct record of the respondent; the nature of the offense and the severity of any damage, injury, or harm resulting from it; and the level of ongoing threat to the safety and security of the complainant or campus community. Unless specified otherwise in the notification of outcome, sanctions take effect immediately.

Disciplinary Records
The college retains student disciplinary records for seven (7) years from the date of the outcome letter and may be kept for longer periods of time at the discretion of the dean of students or designee. Students may review disciplinary records in accordance with the Family Educational Rights and Privacy Act’s provision for viewing their educational records; they do so by scheduling an appointment with the dean of students or designee at least five working days in advance. Records may be redacted, which means that information relating to other students, administrative file notes, and other confidential information will be removed prior to student inspection.

Student conduct 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 records without consent include disclosure of information:

• 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;
• Records related to behavior that poses a significant risk to the safety or well-being of that student, other students, or other members of the school community; including as part of emergency response, emergency notification, timely warning, or other notifications as required by law;
• To faculty and school officials, including faculty and school officials in other schools, who have legitimate educational interests in the behavior of the student (this includes release of records when another institution where the student seeks to enroll or has enrolled seeks information in relation to a behavioral risk or threat assessment);
• 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;
• In cases where the behaviors in question may also constitute a crime of violence (as described in the Clery Act), as well as in cases involving any allegation sexual misconduct, discrimination, unlawful harassment, and retaliation, the victim and/or complainant will be informed of the outcome, including the determination of responsibility, rationale, and sanction(s); and
• Final results (the name of the student, the nature of the violation committed, and the sanction(s) imposed) of the student conduct process for any student who is found in violation of a College policy that is also determined to be a “crime of violence,” as described in the Clery Act, may be released publicly.

• Advisor or Support Person -- A person who provides emotional support to a Complainant or Respondent and who may be present in a nonparticipating role to provide moral support during any meeting, hearing, or interview under the Code. The advisor or support person may be a currently enrolled student, parent of the student, or a CCA faculty or staff member. Nonparticipating means that the advisor or support person is silent and does not speak or present information during the meeting or proceeding under the Code. [Attorneys are not permitted to participate in any Campus meeting or proceeding under the Code, absent advance written consent of the student conduct officer or dean of students and agreement to terms.] Hearing dates/times will not change due to availability of advisor or support person.
• Case -- A case is a compilation of relevant information pertaining to the charge(s).
• Charge -- A charge is the specific, formal violation of the Student Code of Conduct; the Policy Prohibiting Sexual Misconduct; or Policy Prohibiting Discrimination, Unlawful Harassment, and Retaliation for which the college is determining student responsibility.
• Complainant -- A complainant is a person whose rights within the Student Code of Conduct or Policy Prohibiting Discrimination, Unlawful Harassment, and Retaliation are reported to have been violated. “Complainant” can also refer to the person or entity reporting a violation.
• Complaint -- A formal complaint is the document (electronic or hard copy) that describes the nature of the alleged violation of the Student Code of Conduct or Policy Prohibiting Discrimination, Unlawful Harassment, and Retaliation as well as the parties involved, witnesses, and other relevant details.
• Disciplinary Record -- A disciplinary record refers to the collection of files related to a student’s case. The files may include but are not limited to incident report(s), correspondence, investigation notes, witness statements, impact statements, student conduct history, and outcome letters.
• Outcome(s) – The finding of responsible or not responsible for each alleged violation, as well as any sanction(s) imposed.
• Preponderance of Evidence -- Preponderance of evidence means “more likely than not” or “50 percent plus a feather.” It is the standard used by hearing boards and conduct officers when reviewing cases.
• Respondent -- A respondent is a person who is named in a complaint and accused of violating the Student Code of Conduct; or Policy Prohibiting Discrimination, Unlawful Harassment, and Retaliation.
• Sanction -- Sanctions are disciplinary and educational obligations assigned to students found responsible for violating the Student Code of Conduct; or Policy Prohibiting Discrimination, Unlawful Harassment, and Retaliation.
• Student Conduct Officer -- The student conduct officer is a trained staff or faculty member who is authorized by the dean of students or designee to administer conduct procedures for a specific case. The person(s) who review the information in a case, make a determination of responsibility, and/or issue sanctions. For cases of sexual misconduct, discrimination, unlawful harassment and retaliation, the conduct officer will not also serve as the investigator for the same case.
• Working Day -- The College defines working days as Monday through Friday, excluding administrative holidays when offices are closed.