Conduct Review Process
Initiation of Review Process
The conduct review process is initiated when the College receives information regarding an alleged violation of College policy, including the Student Code of Conduct Alleged violations of the College’s Student Code of Conduct (including certain conduct that may also violate the College’s Academic Honesty policy), will be addressed through this conduct review process.?
Reports of misconduct covered by this Conduct Review Process are referred to the Office of Community Standards, where the incident is reviewed for alleged violations of College policy. Pertinent details are collected and statements of fact are recorded to the extent practicable and necessary in an effort to deal objectively with the issue. Conduct review process cases are adjudicated by Hearing Officers, who are professional staff members specifically trained and appointed by the College for this role.
Champlain College utilizes preponderance of evidence for its standard of evidence. A student is found responsible for violating the Student Code of Conduct or other College policies only if the information gathered shows that it is more likely than not that a policy violation occurred.
All incidents and sanctions are documented and will remain in a student’s conduct file. All files will be maintained in accordance with the College’s record retention policy.
A student who has been charged with an alleged violation of College policy is entitled to the following rights:
- A student may choose not to participate in the conduct review process. The College may choose to pursue an investigation, hold a hearing, and issue sanctions regardless of the student’s chosen level of participation, but the student will not be subject to additional charges or sanctions due to their choice to abstain from participation.
- A student has the right to a hearing before an objective decision-maker. Accordingly, reasonable measures will be taken to ensure that no conflict of interest exists between the student and the hearing officer.
- A student may be accompanied by one advisor of their choosing during a hearing. The advisory role is a non-participatory one, and the advisor may not ask questions of the hearing officer or speak for the student. If an advisor does not comply, they will be asked to leave the hearing room.
This Conduct Review Process does not apply to misconduct that is covered by the College’s Sexual Misconduct Policy, or to misconduct that would otherwise fall within the general scope of the Conduct Review Process but which reportedly occurred in connection with and/or in the context of an incident or incidents of sexual misconduct, intimate partner violence, or stalking. Such misconduct will be investigated and adjudicated as outlined in the Sexual Misconduct Policy and its related processes.
This Conduct Review Process does not apply to misconduct that is covered by the College’s Discrimination and Harassment Policy, or to misconduct that would otherwise fall within the general scope of the Conduct Review Process but which reportedly occurred in connection with and/or in the context of an incident or incidents of discrimination or harassment. Such misconduct will be investigated and adjudicated as outlined in the Discrimination and Harassment Policy and its related processes.
The College also maintains a separate Bias Response Process. Bias-related behaviors that are not criminal offenses and which fall outside of the Sexual Misconduct Policy, the Discrimination and Harassment Policy, the Student Code of Conduct, and other comparable policies, are treated as bias incidents and will be addressed through the Bias Education & Response Team process. However, bias-related behavior will be deemed an aggravating circumstance to any violation of College policy.
Outcomes
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College Sanctions
A student or student organization found responsible for violating the Student Code of Conduct will be sanctioned based on the specific violation(s), the severity of the violation(s), and the cumulative conduct history of the student(s) or student organization(s).
The following list identifies the range of possible sanctions that may be imposed on a student(s) or student organization(s), either individually or in combination. This list is not all-inclusive and provides a sample of the types of sanctions that may be issued:
- Restitution: A student may be required to make financial or other restitution for damages or violations of the Student Code of Conduct when deemed appropriate by the College.
- Behavior Agreement: A student enters into a contract with the College or the Conduct Review Board. The contract stipulates certain behavior required of the student if they are to continue in good standing.
- Loss of Privileges: A student is required to refrain from participating in a College-sponsored activity or visiting specific residence halls or other campus facilities for a specified amount of time. Common loss of privilege includes loss of guest/visitor privileges within Champlain residence halls.
- Referral: A student referred to a College employee, College office, or outside agency specializing in the assessment and/or evaluation of behavior may be required as a condition of any sanctions listed above.
- Completion of an Educational Program: A student is required to complete a class or project, or offer an educational program to other students.
- Disciplinary Warning: A student receives a written warning that College policy has been violated and that further activity of a similar nature may result in more severe College action.
- Residential Probation: A status that may be imposed for behavior that indicates unwillingness or inability to accommodate the regular demands of residential living. Further violations of College policy may result in more serious disciplinary action, potentially including dismissal from a residence hall. A student on Residential Probation is considered “not in good standing” by the Office of Community Standards and Champlain College.
- Disciplinary Probation: A status that may be imposed for behavior that indicates severe or repeated violations of College policy. This sanction specifics a period of probation. Further violations of College policy may result in more serious disciplinary action, potentially including dismissal from a residence hall and/or suspension and/or dismissal from Champlain College. A student on Disciplinary Probation is considered “not in good standing” by the Office of Community Standards and Champlain College.
- Suspension or Dismissal from Housing: A student is required to leave College housing either temporarily or permanently.
- Suspension: A student may be suspended from the College. A suspension means a student no longer has access to any College services and loses the privilege of continuing in online or on-site classes for a defined period. There is a formal process that is outlined in the suspension letter that identifies the steps for return to the College after a suspension. These steps may include additional sanctions, such as educational projects, fines, restitution, community service, and/or referrals. A student will be ineligible to re-enroll until the completion of any assigned additional sanctions.
- Dismissal: A student is permanently dismissed from the College and is prohibited from participating in any College activity, class or College- sponsored program, and, if applicable, from receiving a degree from the College, regardless of the progression of the student’s accumulation of credits at the time the policy violation is found to have occurred.
- Parental Notification: Parental notification commonly occurs when students have been found responsible for violating the College’s Drug and Alcohol Policy, when a sanction of Disciplinary Probation or higher has been assigned, or for other conduct where parental/guardian notice is deemed to be appropriate.
- Other sanctions: Additional or alternate sanctions may be imposed as deemed appropriate to the violation.
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Sanctioning for Student Organizations, Student Clubs, and Varsity Sports
Sanctions that may be imposed for cases involving student organizations, student clubs, and varsity sports include, but are not limited to, the following:
- Disciplinary Warning: A student organization receives a written warning that College policy has been violated and that further activity of a similar nature may result in more severe College action.
- Disciplinary Probation: A status that may be imposed for behavior that indicates severe or repeated violations of College policy. This sanction specifics a period of probation. Further violations of College policy may result in more serious disciplinary action, potentially including deactivation, loss of recognition, loss of funding, and loss of other privileges for a specified period.
- Loss of College Privileges & Services: Loss of College privileges and services includes, but is not limited to, loss of space reservation privileges, the loss of the ability to recruit new members, and the ability to receive and/or retain College funds.
- Loss of Recognition: a designated period of time where a student organization loses recognition by the College and access to all College services. A student organization who has lost recognition must cease all organizational activities. Any attempts to operate the organization without recognition may result in additional disciplinary action for the organization and individual students.
- Deactivation: the permanent loss of recognition as a student organization by the College. A student organization that has had its recognition withdrawn must cease all organizational activities. Additionally, members of the student organization must delete the organization’s social media presence. The name of the organization and all symbols associated with Champlain’s chapter shall be removed from all College property, including websites. Any attempts to operate the organization without recognition may result in additional disciplinary actions for the organization and involved students.
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Learning and Engagement for Student Organizations
Educational sanctions provide student organizations the opportunity to review community standards expectations, understand how behavior can contribute to a positive and beneficial College experience, and learn of campus resources which support academic and co-curricular success. This may include, but is not limited to, the following:
- Membership review.
- Risk management training.
- Hazing program/training/presentation.
- Educational program – the organization is to host an educational program on a topic assigned by the Office of Student Engagement and/or Office of Community Standards. The program can be open to the entire College community, if deemed appropriate.
- Mandatory follow-up – meetings between administrators from the Office of Student Engagement and/or Office of Community Standards and organizational leadership.
- Educational presentation from a Champlain College administrator to the organization’s members.
Appeals
Students have the right to appeal findings of responsibility?made by their Hearing Officer. All appeals must be made in writing, written and submitted by the involved student, and must specify upon which grounds (herein) they are submitting their appeal. An appeal must be received within three (3) business days after the student has been informed of the decision.
The role of the Appeal Officer is limited. Appeals are not intended to be a full rehearing of the reported conduct. Appeals are confined to a review of the record on the grounds stated in the appeal. The student appealing carries the burden of proof to demonstrate that either the alleged procedural error, or the proposed new evidence, would significantly and materially affect the outcome of the proceeding, or there was a conflict of interest or actual bias for or against one of the involved parties that materially affected the outcome.
Students may appeal on the grounds that:
- There was a procedural error that unfairly affected the outcome.
- There is new information that was not reasonably available during the investigation and resolution process that would have affected the outcome.
- The Hearing Officer, investigator or decision-maker had a conflict of interest or actual bias for or against one of the parties that materially affected the outcome.
- The sanctions imposed are disproportionate to the nature and severity of the offense and the cumulative conduct history of the respondent.
Submitting an appeal
All requests for appeal must be submitted within (3) business days after the student has been informed of the decision using the Student Code of Conduct Appeal form.?A link to this form is also included in the student’s outcome letter. This information is also available on the Office of Community Standards website. Once the appeal process concludes, the case is closed.
Additional Provisions
Days
Unless otherwise expressly stated, all references in this procedure to ˇ°daysˇ± are business days, excluding holidays when the College is closed. Any deadline that falls on a weekend or other day when the College is closed shall be extended to the next business day.
Office of Community Standards
Location
163 South Willard St.
足彩胜负14场, VT 05401
Office Hours
9:00 AM – 5:00 PM