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Article V – Informal Conduct Procedures

A. Preliminary Inquiry

When an incident occurs, the College conducts a preliminary inquiry into the nature of the incident, complaint or notice, the evidence available, and the parties involved. In order to support the growth and development of our students, educational conferences may be utilized as a part of our preliminary inquiry.

The preliminary inquiry may lead to:

  1. A determination that there is insufficient evidence to pursue the investigation, because the behavior alleged, even if proven, would not violate the Code of Student Conduct, (e.g.: for reasons such as mistaken identity or allegations of behavior that falls outside the code).
  2. A more comprehensive investigation, when it is clear more information must be gathered (see process in Investigation).
  3. A formal complaint of a violation and/or an educational conference with the respondent student.

When an initial educational meeting/conference is held, the possible outcomes include:

  1. A decision not to pursue the allegation based on a lack of or insufficient evidence. The matter should be closed and records should so indicate;
  2. A decision on the allegation, also known as an “informal” or “administrative” resolution to an uncontested allegation (see immediately below);
  3. A decision to proceed with additional investigation and/or referral for a “formal” resolution.

If a decision on the allegation is made and the finding is that the respondent student is not responsible for violating the Code, the process will end. The party bringing the complaint may request that the Coordinator of Student Conduct and the Title IX Coordinator reopen the investigation and/or grant a hearing. This decision will be in the sole discretion of the Coordinator of Student Conduct and the Title IX Coordinator and will only be granted for extraordinary cause. If the College’s finding is that the respondent student is in violation, and the respondent student accepts this finding within three days, the College considers this an “uncontested allegation.” The administrator conducting the initial educational conference will then determine the sanction(s) for the misconduct, which the respondent student may accept or reject. If accepted, the process ends.[1]


If student accepts the findings, but rejects the sanction, the College will conduct a sanction-only hearing, conducted by a student conduct board, which recommends a sanction to the Coordinator of Student Conduct. The sanction is then reviewed and finalized by the Coordinator of Student Conduct and is subject to appeal (see Appeal Procedures) by any party to the misconduct. Once the appeal is decided, the process ends.

If the administrator conducting the educational conference determines that it is more likely than not that the respondent student is in violation, and the respondent student rejects that finding in whole or in part, then it is considered a contested allegation and the process moves Formal Conduct Procedures.

B. Review and Finalize Sanction(s)

If the student is found in violation(s), sanctions will be recommended by the Coordinator of Student Conduct and Title IX Coordinator when applicable, who will review and finalize the sanctions, subject to the College appeals process by any party to the complaint.

 

[1] In cases of minor misconduct, both steps in this paragraph can be accomplished in one meeting.