Purpose
The procedures governing a Student Conduct Administrator’s handling of complaints under the Code are designed to afford Complainants and Respondents a fair and accessible process that educates students about their rights and responsibilities, holds students accountable for their actions, and provides due process.
Filing of Complaint
(1) Any person may submit a complaint against a student alleging a violation of the Code. The complaint must be submitted in writing to a College official who will forward it to the appropriate Student Conduct Administrator. A complaint should be submitted as soon as possible after the event takes place.
(2) The Vice President for Student Affairs shall delegate the responsibility for addressing a complaint to the Senior Student Conduct Code Administrator. The Senior Student Conduct Administrator is generally responsible for addressing most alleged violations of the Code and specifically addresses those where the Respondent is alleged to have engaged in acts and threats of physical abuse; sexual misconduct; violations occurring near the end of, or after a student’s contract with RAD; conduct reported by Police Services; and conduct that may result in suspension or expulsion from the College. Student Conduct Administrators identified in Residential and Dining Services (RAD) are generally responsible for addressing most violations of the Code allegedly committed by on-campus residents in or near residential facilities. If a question of who is responsible for addressing a complaint is present, the Senior Student Conduct Administrator determines who shall be authorized to address the complaint and if necessary, serve as a Student Conduct Administrator.
(3) A Complainant or Respondent may request to have a complaint addressed by an alternate Student Conduct Administrator if a conflict of interest is identified. The Vice President of Student Affairs shall have the final authority to determine the appropriate Student Conduct Administrator to assign in this case.
Notification to Respondent
(1) The Respondent shall meet with the Student Conduct Code Administrator for a conduct conference on the date and at the time notified by any College official or the Respondent must schedule a conduct conference by the deadline indicated on the notice of alleged violations as issued by a Student Conduct Administrator.
(2) The Student Conduct Administrator may impose interim restrictions on the Respondent prior to, or at any stage during, a conduct conference, when the health or safety of the Complainant or any other member of the College community is deemed at risk. The interim restriction(s) shall remain in place until such time that the Student Conduct Administrator notifies the Respondent in writing that the interim restrictions have been modified or are no longer in effect. If the Respondent files an appeal of the Student Conduct Administrators’ determination of responsibility and required resolution and sanction, the interim restrictions shall remain in effect until the Board issues a final determination. These restrictions may include, but are not limited to, loss of privileges or no contact orders.
Conduct Conference
(1) During the conduct conference, which may occur over a series of meetings, the Student Conduct Administrator shall explain to the Respondent the process for addressing complaints under the Code, advise the Respondent of his or her rights and responsibilities, and review with the Respondent the complaint and alleged violation(s) of the Code.
(2) If there is more than one Respondent involved in the complaint, the Student Conduct Administrator, in his or her discretion, may permit the conduct conferences concerning each Respondent to be conducted either separately, or jointly.
(3) Failure to meet with the Student Conduct Administrator at the appointed time during the conduct conference process may subject a Respondent to a conduct hold. If the Respondent fails to meet with the Student Conduct Administrator as required the complaint may be determined in the Respondent’s absence.
(4) In addition to information sought from the Respondent regarding the allegations, the Student Conduct Administrator may seek additional information from other persons with information relevant to the investigation of the complaint.
(5) If the complaint is determined to have merit, the Student Conduct Administrator shall proceed with informal resolution, enter into a contract of accountability with the Respondent, or complete an investigation and make a determination of responsibility and determine the required resolution and sanction(s). If the Student Conduct Administrator determines that the Respondent is not responsible for violating the Code, no action shall be taken.