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The College community, of which you are a member, exercises its governance in several ways, including the creation and operation of a student conduct hearing board and council. The College Hearing Board and Judicial Council share the same procedures though their composition and jurisdiction are different. The board and council may make their determinations using preponderance of evidence, meaning that it is "more likely than not" that a particular event occurred in the manner determined by the board to be a violation of policy or regulation.
The College Hearing Board, appointed by the President of the College, consists of a rotating panel of College administrators, faculty, and students trained in student conduct procedures and other specific areas that might be within its particular jurisdiction. The hearing board has primary jurisdiction over the following types of matters, which are infractions of College policy:
1. Any matter in which a student violates the rights of a faculty or staff member or college guest
2. Any matter in which a student has harassed or injured any college community member or, by other conduct, has interrupted or interfered with any college program or facility
3. Any matter of assault, sexual misconduct, or theft as defined by Iowa law or college policy
4. Any matter the President of the College or the Vice-President for Student Services (or designee) deems is best heard by this body.
The College Hearing Board may decline to accept or to hear any matter.
The Judicial Council (JudCo) is a fact-finding board regarding violations of residence hall rules, College regulations or policies, and any student's or guest's rights or privileges occurring on campus, in college-owned housing, or in a college-sponsored event, program, or facility. Judicial Council jurisdiction also extends to violations of election guidelines or improper election conduct.
The Judicial Council membership is one faculty member appointed by the President of the College and four students out of a rotating panel of six students, at least one of whom shall be a member of the Student Academic Computing Committee when computing-related issues are present. Student Government Association (SGA) executive members select this rotating panel of student conduct hearing board members in the spring semester for the following academic year. An SGA observer may be present at any hearing, as well as a designated Student Affairs dean or Student Conduct Adviser, but neither will have a vote in the proceedings. The Student Affairs dean or Student Conduct Adviser acts as an adviser to the council. When the matter involves a computer/telephone complaint or violation, a non-voting member appointed by the Director of Information Technology Services will sit with the council and act as a technical adviser regarding the computer/telephone matters.
The hearing board and council make recommendations to the Vice-President for Student Affairs regarding their findings and possible sanctions if violations are found.
- A Grinnell College community member makes the decision to file a formal complaint.
- Obtain a Statement of Complaint and Request for a Hearing form, available from Student Affairs staff and other administrators and faculty.
- Complete the Statement of Complaint and Request for a Hearing form. Several staff members (the Chaplains, the Director of the Health Center, the Sexual Assault Coordinator, the Dean of Students or Associate Dean and Director of Residence Life or Student Conduct Adviser, and the RLCs) can be of assistance in the process. If you have an adviser for the hearing, he/she/zi can help as well.
- Return the completed form to the Dean of Students or Associate Dean and Director of Residence Life or Student Conduct Adviser.
- Upon receipt of this completed form by the Dean of Students or Associate Dean and Director of Residence Life or Student Conduct Adviser, the respondent will be notified and have two business days to respond in writing.
- Complainant will be notified and given a copy of the response when all forms are completed.
- A hearing will be scheduled as quickly as possible (preferably within 10 business days from receipt of the Statement of Complaint and Request for a Hearing form).
- The hearing board and council are comprised of members of the College community.
- Present at the hearing to assist with procedural matters regarding student conduct policies and procedures will be either the Dean of Students or Associate Dean and Director of Residence Life or Student Conduct Adviser. The Student Affairs deans or student conduct adviser may also remain with the board or council during the deliberations.
- The hearing will be conducted in a confidential environment.
- Immediately following the hearing, if possible, the board or council will deliberate.
- The board or council will render a decision and may recommend a sanction to the Vice-President for Student Affairs if the respondent(s) is/are found responsible.
- When complaints include sexual misconduct, the Campus Safety and Security office may investigate the incident.
- College Hearing Board and Judicial Council meetings will be digitally audio recorded.
A complaint is a claim by a College community member, or guest, that a student has engaged in behavior that may be a violation of College policy or regulation. In some instances, the claimed violation of College policy or regulation also may be a violation of state or federal law. The complaint may be heard on-campus, using these procedures or others, while civil authorities could consider the allegations under applicable civil or criminal law. The College reserves the right to conduct a hearing board or act on any allegation of violation of College policies or regulations on campus even though civil authorities also may have jurisdiction under relevant criminal or civil law. A person filing a complaint is called the Complainant. The person against whom a complaint is filed is called the Respondent.
Complaint Filing and Handling
Individuals who feel their rights, privileges, or rules of the College have been violated and who want to pursue a complaint should discuss this with one of a group of staff members familiar with the student conduct procedures. This group may include the Chaplains, the Director of the Health Center, the Sexual Assault Coordinator, the Vice-President for Student Affairs, the Dean of Students or Associate Dean and Director of Residence Life or Student Conduct Adviser, Campus Safety and Security Staff, and the RLCs. These staff members assist students in the identification of policy violations, outline the complaint filing and investigative procedures, and discuss confidentiality regarding judicial complaints. At any point during this process, the deans may be consulted.
Once the Statement of Complaint and Request for Hearing form has been completed, the complainant must submit the form to the Dean of Students or Associate Dean and Director of Residence Life or Student Conduct Adviser. The Student Affairs dean will review the statement with the complainant. The form states the complainant's claim against the respondent and the alleged violation of College policy or regulation. The Student Affairs dean will then give copies of the Statement of Complaint to the complainant, as well as to the respondent. If the alleged behavior poses a possible threat to the safety of the College community, the Student Affairs dean may also give a copy of the Statement of Complaint to the Grinnell College Safety and Security Department and to the City of Grinnell Police Department.
Upon receiving the Statement of Complaint, the respondent is required to complete, sign, date and return to the Student Affairs dean within two business days a Statement of Response to the Complaint form. The response may be an admission to, or a simple denial of, the complaint. The respondent is not permitted to provide the written response at or during the hearing. Failure by the respondent to reply in writing may result in the hearing board or council proceeding as if all information presented by the complainant is true and accurate.
A copy of the Statement of Response is given to the complainant. The complainant is not permitted to reply to the respondent's statement, nor is the complainant permitted to amend, change, or expand the initial complaint. The complainant and the respondent may make oral responses to each other's statements, within the discretion of the Chair of the hearing board or council, at the appropriate time during the hearing.
A copy of the Statement of Complaint and Request for Hearing form and the Statement of Response form are given by the Student Affairs dean to the Chair of the appropriate board or council who schedules a hearing. The hearing board or council will hear the case based on the violations listed on the complaint form. As the hearing board or council prepares for the case, they may add a lesser charge to the list of violations included on the complaint. The board or council will notify all parties of the charges to be considered and may postpone the hearing date in order to give due process to all parties involved. The board or council, through the Chair, makes the decision regarding which witnesses will be asked to appear and speak at the hearing.
For reporting and historical purposes, photocopies of the complaint and the response are made for the Division of Student Affairs or other administrative offices charged with record keeping.
Once a complaint has been filed, the response has been received, and both are delivered to the appropriate hearing body, the Chair of the Hearing Board or Judicial Council will be responsible for any communication regarding the matter before the Board or Council. This will include contacting any potential witnesses, sending out notices regarding the hearing, or any changes regarding the hearing, etc. At the completion of the hearing process, the Vice-President for Student Affairs is responsible for sending out notices to the appropriate parties of the results of the hearing.
In cases of sexual misconduct, an on campus investigation may be conducted by the campus security office. Information included in this report will be submitted as a separate report to the College Hearing Board when a complaint is filed with it. The investigation may also provide the basis for a complaint.
The Statement of Complaint, the respondent's reply, any other written statements that are signed and dated, and other material related to the complaint may be read only by appropriate College officials, hearing board or council members, complainant, respondent, advisers for the hearing for each of the parties, and appropriate law enforcement officials, if required. Such documents are also subject to disclosure as described under "Student Conduct Records."
During the hearing process, the complainant and respondent are encouraged, but not required, to limit their discussion about the incident to their adviser in the process, trained student advocates, and College staff. The College understands that the complainant and respondent may be in need of emotional support during this time, but encourages them to speak only with trained persons to lessen the possibility of rumors that may permeate the campus.
After the Process - Because Grinnell College is a small community, information travels quickly. Except in limited circumstances, the Federal Educational Rights and Privacy Act (FERPA) prohibits College employees from disclosing specific information about student conduct matters. Some regulations regarding confidentiality also extend to students.
Students are prohibited from revealing specific events that occurred during the hearing itself, including names and testimony of witnesses. Aside from this specific restriction, the College acknowledges the right of the parties involved in a student conduct process to talk about their experiences as they choose. The College reserves the right to pursue a College student conduct complaint against any person for violation of this policy.
After a complaint has been filed, any forms of retaliation toward witnesses or parties involved in the complaint are not tolerated. Retaliation may be used as evidence in a proceeding before a board or council, and could be grounds for additional policy violations.
Both parties to a dispute may have an adviser from the College community attend the hearing. No party or participant at the hearing has the right to be represented by legal counsel at the hearing. The adviser's role is to help the complainant or respondent prepare, advise on the procedural aspects of the hearing, and to be a non-participating supporter at the hearing. The complainant and respondent are expected to speak for themselves, to present their own cases, and to ask and answer questions. The hearing board or council may request the assistance of the Vice-President for Student Affairs, or designee, to serve as an adviser regarding procedural matters at any hearing. The board's adviser shall have no vote or any other role in the hearing.
There are some individuals who are prohibited from serving as advisers complainants and/or respondents: the President of the College, the Vice-President for Academic Affairs and Dean of the College; the Vice-President for Institutional and Budget Planning; the Associate Deans of the College; the Vice-President for Student Affairs; the Special Assistant to the President for Diversity; and any member of the Division of Student Affairs. If a complainant or respondent has a question regarding the capacity of a person to act as adviser he/she/zi should contact the Chair of the College Hearing Board about hearing procedures.
In the case of alleged sexual misconduct, specially-trained student advocates may serve as victim counselors, as defined by Iowa law. However, victim counselors may not serve as advisers to either party in the preparation, consideration, or presentation of the complaint during the hearing.
Suggestions for Advisers in Judicial Proceedings
During preparation for a conduct hearing, students may approach a member of the College community to assist them. Advisers may use these guidelines at whatever point they become involved in assisting a student. Remember that you are not being asked to serve as an attorney, but simply to assist a student through a procedure that she/he/zi may find to be stressful.
Before the Hearing
1.Review the procedures outlined in the "College Hearing Board and Judicial Council" section of the on-line Student Handbook and discuss them in detail with the student. Direct procedural questions to the Chair of the student conduct body or to the Student Affairs dean assisting in the case.
2.Assist the student in preparing a written statement. The statement should be in the student's own words. You may make suggestions to help clarify the statement. You may also assist the student in editing out inflammatory language and/or subjective statements that are not supported by evidence. Help the student to be thorough and forthright.
3.Remind the student of deadlines involved in submission of materials.
4.Help the student prepare for the hearing. Review any additional written statements. Anticipate questions. Anticipate questions which may be asked during the hearing and assist the student in preparing a clear response.
5.Arrange to meet the student just prior to the hearing so that you can enter the hearing together.
During the Hearing
1. Remember that you may not speak during the hearing. Your role is to support the student as he/she presents his/her own statements.
2. Listen carefully to the discussion.
3. If, for any reason, you feel the student would benefit from taking a break, suggest quietly to the student that he/she request one. At that point, you may step into another room to calm the student, to help him/her clarify a question, raise a new issue or prepare a cogent response.
4. At the end of the hearing, give the student constructive feedback about his/her presentation.
When Not To Be An Adviser
1. If you have connections with students on opposing sides which may compromise your future role with the students (e.g., both are advisees, both are residence hall members).
2. If you feel so strongly about the issues involved in the hearing that you do not feel you can effectively assist the student seeking your support.
3. If you experience any other conflict of interest.
In cases when the respondent admits to a policy violation, an administrative hearing, in which the Vice-President for Student Affairs, or designee, will meet with the complainant and respondent and render a decision as to what sanctions, if applicable, may be conducted with the permission of the complainant and respondent. When permission is not granted, a hearing will be conducted by the College Hearing Board or one of the Judicial Councils.
However, due to the severity of the alleged behavior or in the interest of the College the Vice-President for Student Affairs, or Dean of Students, or Associate Dean and Director of Residence Life or Student Conduct Adviser may decline to handle the matter administratively and refer the matter for hearing before the College Hearing Board or the Judicial Council.
Hearing Board/Council Responsibilities
It is the responsibility of the hearing board or council to assure that the information necessary to make an informed decision is presented. The board and council members may play an active role in questioning both parties and witnesses involved in the case. The hearing board or council is under no obligation to allow either party to cross-examine witnesses. The hearing board or council may make exceptions to this rule when it determines that there are compelling reasons for doing so. The parties may submit requested cross-examination questions to the hearing board or council that, at the discretion of the board or council, may be asked of complainants, respondents, and/or witnesses.
Hearing Board/Council Chair Responsibilities
The Chair of the hearing board or council is responsible for creating and maintaining a record of the proceedings, which includes identification of any testifying witnesses and the substance of their testimony. The Chair of the hearing board or council is the final authority on all matters occurring during the hearing and the Chair's rulings shall be final. The Chair may exclude any person, including any party, for disruptive or abusive behavior.
Bias
The Chair of the hearing board or council is responsible for creating and maintaining a record of the proceedings, which includes identification of any testifying witnesses and the substance of their testimony. The Chair of the hearing board or council is the final authority on all matters occurring during the hearing and the Chair's rulings shall be final. The Chair may exclude any person, including any party, for disruptive or abusive behavior.
Vice-President for Student Services. All objections must be voiced at least two business days prior to the scheduled hearing.
Witnesses
Generally, a person appears as a witness if that person has information of particular relevance to the incident forming the basis of the complaint. For example, that person may have actually seen the incident as it occurred; the person may have heard significant sounds, words, or statements, etc., while the incident was occurring; or the person may have some other information, which in the opinion of the hearing board or council may make that person a relevant witness. The final selection of any witness to appear is in the sole discretion of the hearing board or council. Names of persons given by the complainant or respondent are given as recommendations and not as directives to the hearing board or council. The board or council Chair, or designee, will contact the person(s) identified as potential witnesses. The board or council chair will question the potential witness to determine the relevancy, if any, of information the witness may have regarding the complaint. Names of witnesses who will appear wil
l be shared with the complainant and respondent no less than two business days before the scheduled hearing.
If a person agrees to appear as a witness, he/she/zi will be asked to make a statement regarding the matter before the hearing board or council. That statement will address the relevant information concerning the complaint's or the witness' role in the events involving the complaint. At the end of the statement, questions may be asked of the witness by members of the Hearing Board or Council.
A "character" witness is a person who has no relevant information to impart regarding the proceedings other than an opinion as to the character of the parties involved in the proceedings. Character witnesses generally are not allowed and are only permitted to appear and speak to the hearing board or council should the respondent(s) be found responsible.
Scheduling Hearing and Witnesses
The Chair of the hearing board or council, or designee, schedules a hearing of the hearing board or council, which can be no less than two business days from the date the respondent provided an answer to the complaint. Only the Chair of the hearing board or council may postpone the hearing and then only for overriding considerations acceptable to the chair of the hearing board or council.
The Chair of the hearing board or council, or designee, is responsible for contacting and scheduling any witnesses listed on the Statement of Complaint form and the Statement of Response to the Complaint form. It is not the responsibility of either party to determine whether the witnesses are willing to appear at the hearing. Being a witness is by agreement with the Chair of the hearing board or council. A person will not be forced to attend, speak, or otherwise participate as a witness. A witness cannot serve as an adviser.
Notification
The Chair or designee, after the hearing is scheduled, will send notices of the hearing by campus mail, U.S. postal service, or electronic mail to the complainant, respondent, the Dean of Students or Associate Dean and Director of Residence Life or Student Conduct Adviser, advisers for complainant and respondent, any witnesses who have agreed to participate, and members of the hearing board or council.
It is the intention of the College, when feasible, to complete matters before the College Hearing Board or Judicial Council within 30 business days after the respondent has filed a response to the complaint, exclusive of the time set for decision by the Vice-President for Student Affairs and any appeal time.
Nature of the Hearing
A hearing is not intended to be adversarial. It is intended to provide a fair and ample opportunity for both sides to present the facts, as they understand them, and for the board to determine whether a College policy or regulation has been violated. The hearing provides the opportunity to take action within the College community regarding a violation of College policy or regulation.
Closed Hearing
The hearing is a closed session. Present at the hearing to assist with procedural matters regarding student conduct will be either the Dean of Students or Associate Dean and Director of Residence Life or Student Conduct Adviser. The Student Affairs deans may also remain with the board or council during the deliberations and may contribute information as needed. The hearing board or council may exclude any persons, including the complainant or respondent, if any party is being disruptive to the proceedings. The board or council may employ a digital audio recorder, or other means, to make an audio recording of the proceedings if it so chooses. Neither the complainant nor respondent may record the proceedings. Board or council members may take an active role in questioning the complainant, respondent, and any witnesses during the hearing. Witnesses are normally excused from the room until it is their turn to speak. Witnesses may be separated from each other before their appearance as a witness by order of
the hearing board or council. After a witness has given information to the board or council, the witness is excused by the Chair and should leave the hearing room. The witness shall have no further contact with any witness who has not spoken before the hearing board or council in the current proceedings.
Hearing Process
Introductions and Introductory Remarks
The Chair introduces the members of the hearing board or council to the parties present. The Chair then makes an opening statement summarizing the complaint (including the College policy/ies or regulation(s) that is/are alleged to have been violated) and response. The Chair may also remind the parties, including witnesses, of the prohibition against discussing the matter among themselves. The witnesses, if any, may be kept separate from each other until after they have appeared before the hearing board or council.
The Chair also reminds the parties that it is a violation of College policy for any person to harass, abuse, interfere with, or otherwise retaliate against any person involved in a matter before the College Hearing Board or Judicial Council.
Hearing Procedure
The chair introduces the members of the hearing board or council to the parties present. The chair then makes an opening statement summarizing the complaint (including the college policy or regulation that is claimed to have been violated) and response. The chair may also remind the parties, including witnesses, of the prohibition against discussing the matter among themselves. The witnesses, if any, may be kept separate from each other until after they have appeared before the hearing board or council.
1.The complainant makes an oral presentation of the specifics of the complaint. The hearing board members may question the complainant after the complainant has stated specifics of the complaint.
2.The Chair then asks the respondent to admit or deny the alleged policy or rule violation. If the respondent agrees that the alleged policy or rule violation occurred, then the board may, if it chooses to, omit step 3.
3.The respondent may make an oral presentation regarding mitigating or explanatory circumstances for the actions leading to the complaint. If the respondent has admitted to violating a campus policy or regulation, the respondent shall not regard such statement as a change or withdrawal of the agreement to the policy or rule violation. The hearing board members may question the respondent after the respondent has stated specifics of the response.
4.Complainant's and respondent's witnesses, if any and if needed, will testify individually, and then may be questioned by the board or chair. After each witness has testified, the witness is excused and leaves the hearing room.
5.Under the direction of the Chair, the complainant and respondent may each, in their turn, ask questions of the other. Each party may choose to make clarifying statements.
6.After clarifying statements are made, the board or council may ask further questions of the parties.
7.The complainant and the respondent may make closing statements if either chooses to do so.
8.The hearing board or council may call a recess to the hearing, not to exceed 2 business days, if they believe more time is needed to gather information or for other good cause.
Discussion and Decision
After all information has been presented, all parties except board or council members and the Student Affairs dean must leave the room. The board or council may then discuss the complaint, the information presented, and will make a decision whether a campus policy or regulation has been violated. The board or council is not limited to finding solely a violation of the charge as presented by the complainant, but may find a violation of any less serious offense if the information does not support the complainant's specific charge, and if sufficient notice of possible violation of that offense has been given to the accused.
The Chair of the board or council delivers the written decision, with copies of all written documents pertaining to the complaint, to the Vice-President for Student Affairs within six business days of the conclusion of the hearing, unless the chair notifies both parties of circumstances requiring an extension of no more than six days. The decision will lay out the basis for decision of the council or board, making explicit reference to the evidence that led to the finding, and to any evidence that was specifically not considered by the board or council, or reasons of credibility, hearsay, relevance, or unfair prejudice.
The board or council may make recommendations to the Vice-President for Student Affairs as to any sanctions it deems appropriate for any violation found. The Vice-President for Student Affairs is not bound by the recommendations of the hearing board or council. The Vice-President for Student Affairs will issue a final decision after receiving the case from the Chair of the hearing board. The decision and sanctions, if any, are sent as two separate letters, one to the respondent and one to the complainant, in sealed envelopes. A copy of the decision and sanctions also will be sent to the advisers in the hearing for the complainant and respondent and to the Board or Council members, the Registrar, the Cashier, Student Affairs staff, Coaches, and other College officials as appropriate. If sanctions are imposed, the letters will list the sanctions and stipulate a date by which the sanctions must be satisfied, as well as the consequences of failure to satisfy the sanctions.
Serious departures from acceptable conduct may lead to one or more of the following sanctions: restitution fines, conduct warning, conduct probation, suspension, or dismissal from the College, withholding of registration or degree, or, rehabilitative measures decided by a college conduct body.
Conduct Warning
A conduct warning is a recognition of general lack of cooperation in campus citizenship or the breaking of some specific rule. The terms of this warning are defined in each case by the body imposing the sanction. This is a warning that severe discipline will be imposed if the student is again reported for a similar lack of good campus citizenship and conduct.
Conduct Probation
Conduct probation is a recognition of a very serious lack of good campus citizenship and conduct or a serious or repeated violation of a College regulation. This probation is a warning that a person's status as a student at Grinnell College is in jeopardy and that any further violation may result in suspension or dismissal from the College. The Registrar's policy on "Dropping a Course" applies to course work in these cases.
Behavioral Expectations Letter
In instances of repeated or serious offenses, behavioral expectations will be clearly identified and provided in writing to responsible students. Future Code or policy violations may result in separation from the College.
Parental/Guardian Notification
A fundamental goal of Grinnell College is to support students' independence and maturity, in part by expecting them to assume responsibility for their own educational and personal matters. However, under laws and policies that govern the privacy rights of students, Grinnell College has the authority and reserves the right to contact parents or guardians of dependent students about a variety of serious matters and the parents or guardians of all students in emergencies regarding serious injury or life or death situations. The cases in which Grinnell would, in extraordinary circumstances, notify parents or guardians cannot in the nature of things be completely enumerated or described; but it is, for example, the belief of Grinnell that a serious injury to a student, or a violent crime committed upon a student, is a sufficiently grave occurrence as to constitute an extraordinary circumstance. Parental or guardian notification may also occur under the following circumstances: hospitalization; hospital visits
for alcohol poisoning or drug overdose; behavior that will likely result in residence hall suspension or expulsion, conduct suspension, or dismissal; acts of violence or significant abuse toward others or a student's own self; arrest; drug or alcohol use that results in police action; or serious mental health concerns. For more information, please review the Parental and Guardian Notification Policy.
Residence Hall Suspension
Separation of the student from the residence halls for a stated period of time, after which the student is eligible to return.
Residence Hall Dismissal
Permanent separation of the student from the residence halls.
Suspension
Suspension is a recognition of the temporary termination of the person's status as a student. He/She/Zi loses all privileges of a regularly-enrolled student and is required to leave the campus. No refunds apply in such cases. Students placed on conduct suspension after the end of the third week of classes will have "W" entries recorded on their transcripts for all currently enrolled courses. Any suspended student who returns to the campus during the suspension period is subject to dismissal unless she/he/zi has made prior arrangements with the Vice-President for Student Affairs.
Dismissal
Dismissal is the termination of a student's status at the College. Any time a violation of a college regulation is rendered by a college judicial body, a record of disciplinary action is kept in the Office of Student Affairs and may be used in part to determine whether a student should be dismissed.
Withholding of Registration or Degree
Student Conduct sanctions may include the withholding of registration for continuing students or withholding the posting of the degree for graduating students. This sanction is used to ensure that students comply with other sanctions such as, but not limited to, the reimbursement to the College for damages or payment of fines and the performance of service to the College or community.
Current students who do not meet the deadline stipulated for completion of sanctions will have their registration withheld and be suspended for a minimum of one semester or until sanctions are satisfied, if longer.
The posting of the degree will be withheld for students who are in, or who have completed, their final semester at the College until the prescribed sanctions have been satisfied.
Current students who do not meet the deadline stipulated for completion of sanctions will have their registration withheld and be suspended for a minimum of one semester or until sanctions are satisfied, if longer.
The posting of the degree will be withheld for students who are in, or who have completed, their final semester at the college until the prescribed sanctions have been satisfied.
Other
Other sanctions may be recommended by certain judicial bodies including counseling, treatment, community service, and fines. The Vice-President for Student Services would impose such sanctions.
This section applies to the College Hearing Board and Judicial Council. It does not apply to the Sub-Committee on Academic Honesty. The appeal process for the Sub-Committee on Academic Honesty is listed in Academic Policies section of this on-line Student Handbook.
Either the complainant or respondent may appeal in writing the decision of the hearing board or council to the President of the College. The basis for any appeal is:
1. New evidence not available at the time of the hearing that could be outcome-determinative;
2. Evidence of fraud or deception practiced by one of the parties in the hearing;
3. Procedural error that had a material impact on the fairness of the hearing;
4. Demonstrated bias of any board or council member.
Appeal requests of the decision(s) issued by the Vice-President for Student Affairs must be filed within seven business days to the President. The President will decide whether any of the four grounds listed above merits the granting of the appeal. If the President grants the appeal, the complaint may be remanded to the board or council for reconsideration in light of the basis upon which the appeal was granted. For appeals where bias is alleged, the President has the discretion to hear the appeal directly. The President may interview witnesses, board or council members, and may review the hearing audio recording and the deliberation report. The President's decision will be based on a preponderance of the evidence. The President's response, within three weeks of the appeal date, is sent by sealed envelope to the complainant and respondent by either campus mail or U.S. postal service.
The Dean of Students is responsible for maintaining College Hearing Board and Judicial Council records. Copies of such reports and records are to be kept safely and securely in the Division of Student Affairs for a period of five years after a student leaves the College due to graduation, withdrawal, or leave of absence. The Student Government Association Vice-President shall have access to Judicial Council records and reports on file in the Division of Student Affairs. Such records may also be subject to disclosure to comply with a judicial order or lawfully issued subpoena or in connection with a health or safety emergency. Hearing board records are held by the Vice-President for Student Affairs for a period of five years after the student graduates, withdraws, or takes a leave of absence from the College. These records are accessible to appropriate administrators.
The College or the aggrieved party always has recourse to the civil authorities for civil law violations. As a part of a larger community, students accept responsibility for their own actions under federal, state, and local laws. While affording reasonable initial support and advice to its members in difficulties with the law, the College provides no legal counsel or representation; nor does the College provide shelter from the consequences of illegal acts by any student.
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