STUDENT PROFESSIONAL CONDUCT CODE:
ARTICLE I - - PREAMBLE:
The mission of the school is "... in undergraduate, and continuing professional education, preparing students for productive careers and amplifying their potential for lifelong personal and professional growth;" The school seeks to create a community where rights and mutual responsibilities are both recognized and valued. The school promotes the intellectual and personal development of its student population within an environment of freedom of inquiry. In order to preserve this climate of academic freedom, students are expected and required to adhere to high standards of moral, ethical and professional behavior.
The school will regulate conduct which affects its interests as an academic community. All members of the community are obligated to observe and adhere to the civil and criminal laws of the local, state and federal authorities as well as to school regulations and policies, which are readily available to all on this School Safety Management System. The site map is the guide to specific areas of policy, procedure, and practice.
This document refers to the procedures and regulations which comprise the Professional Conduct Code.
The guidelines set forth below are intended to ensure that all persons accused of violating the Professional Conduct Code adopted by the school are treated in a fair and just manner and are afforded an opportunity to have an alleged violation fairly adjudicated. The Professional Conduct Code describes prohibited types of behavior, the sanctions which can be imposed and procedures for adjudicating offenses by students.
ARTICLE II - - DEFINITIONS:
These definitions apply for the purposes of the Professional Conduct Code:
The term "student" means any individual enrolled in one or more courses at the school.
The term "faculty" means any person having faculty, instructing staff, or special lecturer status.
The term "investigator" means the official or individual designated by the administrator who is responsible to research, investigate, and present alleged violations of the Professional Conduct Code before the hearing panel.
The term "school official" means any person authorized by the school to act in a representative capacity within the scope of their professional or administrative responsibilities.
The term "member of the school community" means any student, faculty member, school official, guest, licensee, or staff member at the school.
The term "school premises" means any building, land (including adjacent streets and sidewalks) or facility, fixtures or equipment owned, leased, operated, controlled or supervised by the school.
The term "organization" means a recognized group of any number of students.
The term "group" means any group of students, which although not officially chartered by the school, has been granted certain privileges or accommodations by the school.
The term "judicial body" means any person or recognized group of persons authorized by the school to determine whether a student has violated the Professional Conduct Code or Academic Honor Code and recommend and/or determine appropriate sanction(s).
The term "business day" means any day, except Saturday and Sunday, when the school administrative offices are open.
The term "school sponsored activity" means any activity, on or off school grounds school, which the school officially recognizes, participates in, or supervises.
The term "shall" is used in the imperative sense.
The term "may" is used in the permissive sense.
The term "respondent" means any student or organization accused of a violation of school policy.
The term "complainant" means any individual who has brought forth a complaint resulting in a charge of violation(s) of school policy.
The term "policy" means any regulation of the school found or referenced in, but not limited to, the Professional Conduct Code, the Academic Honor Code, and the Student Handbook.
The school reserves the right to modify, alter or repeal any of the procedures, rights or responsibilities set forth in this statement at any time. Such changes will be publicly posted in the School Safety Management System prior to going into effect.
ARTICLE III - - JUDICIAL AUTHORITY:
A . Section 1.
Final Authority:
Final authority for the discipline of students rests with the Principal.
B. Section 2.
Principal:
The Principal will administer the disciplinary process.
C. Section 3.
Judicial Bodies:
Disciplinary hearings may be held by any of the following judicial bodies:
Principal or his/her designee.
Administrative Hearing Panel or Officer designated by the Principal.
Committee on Professional Conduct.
Committee on Student Appeals.
D. Judicial Decisions:
Decisions of a judicial body shall be final, pending the appeal process(es) as described in this Code.
ARTICLE IV - - PROHIBITED CONDUCT:
A. Section 1.
Guidelines:
The school will protect the safety and well being of the school community as well as school-related facilities and property. This right includes taking disciplinary action for offenses occurring off school grounds when in the determination of the judicial body they pose a substantial danger to, or adversely affect, the school community and/or the pursuit of its objectives.
The school will charge and sanction any student organization or group when prohibited conduct is engaged in or related to the activities and/or interests of that organization/group, or such conduct is engaged in by a collection of individuals representing the organization/group. For any given violation of this Code, action may be taken against individuals, student organizations, groups or any such combination.
Being under the influence of drugs and/or alcohol does not diminish or excuse a violation of the Code, and may result in more severe sanctions. Guests must adhere to school policies. A student whose guest(s) has violated any provision of this Code shall be held responsible for such behavior, and will face appropriate disciplinary action.
If a violation of school rules and/or regulations, published in this or other school document or public statement, occurs which is also a violation of law, the school may take disciplinary action against student offenders. Such action is independent of and may proceed before, during or following civil or criminal action. Such actions are not subject to challenge on the basis that civil or criminal charges involving the same incident have been reduced or dismissed. Normally the school does not adjudicate violations of policy that may also be legal violations taking place off school grounds, unless such violations have or foreseeable pose a threat of an adverse effect on the school community and/or the pursuit of its objectives.
Any student who withdraws from, or fails to return to, the school while disciplinary action is pending against him/her will be ineligible for readmission unless the charges are dismissed or resolved. The school reserves the right to restrict individuals while those individuals have unresolved disciplinary charges pending.
Attempts to engage in acts or behaviors prohibited by this Code, or assisting others to violate this Code, shall be treated as though the behaviors were completed, and may result in the same sanctions being applied as if the acts or behaviors were completed.
B. Section 2.
Rules and Regulations:
Any student or student organization found to have committed the following misconduct is subject to the disciplinary sanctions described in Article 5 herein. Generally, the sanction(s) imposed will fall within the range suggested in each violation stated below. However, in unusual circumstances, the judicial body may use its discretion in choosing sanctions outside these guidelines, including expulsion in severe circumstances, or in case of repeated, lesser offenses. These include, but are not limited to, the following offenses:
1. Cheating, plagiarism or other forms of academic dishonesty.
2. Violations of the most serious nature which may result in expulsion:
a. Assaulting, physically abusing, threatening, harassing, stalking, intimidating, coercing or otherwise endangering the welfare of any person (including, but not limited to, acts of discrimination, sexual harassment or assault).
Range of sanctions (Article 5) is: Minimum: # 4; Maximum: # 12
b. Hazing by any individual or group
Range of sanctions (Article 5) is: Minimum: # 4; Maximum: # 12
c. Forging, altering, tampering, fabricating, or misusing any school document, record, or instrument of identification.
Range of sanctions (Article 5) is: Minimum: # 4; Maximum: # 12
d. Use, possession, manufacture, distribution, or dispensing of a narcotic or other controlled dangerous substance except as expressly permitted by law. (includes, but is not limited to, opiates, narcotics, barbiturates, and hallucinogenic substances.)
Range of sanctions (Article 5) is: Minimum: # 3; Maximum: # 12
e. Illegal or unauthorized possession of firearms, explosives, other weapons (including but not limited to knives - other than small pocket-type or table knife; compressed air, BB, pellet, and paint ball rifles or pistols); martial arts weapons; ammunition; dangerous chemicals. Misuse of chemical agents, tools or other potentially harmful objects.
Range of sanctions (Article 5) is: Minimum: # 3; Maximum: # 12
f. Violations of the Policy on the Responsible Use of Computing Resources.
Range of sanctions (Article 5) is: Minimum: # 3; Maximum: # 12
g. Abuse of the Student Judicial System, including, but not limited to:
Failing to respond to notice to meet with a school official, and/or failing to appear before a judicial body either as the respondent after notice has been issued, and without legitimate excuse as determined by the hearing panel. No witness shall be found to be in violation of this Code solely because of failure to appear before a judicial body. If the respondent(s) fail to appear after proper notice, the hearing may be conducted in his/her (their) absence.
Falsifying, distorting, or misrepresenting information before a judicial body.
Disrupting or interfering with the orderly procedure of a judicial investigation or hearing.
Initiating a judicial proceeding knowingly without cause.
Attempting to discourage a person’s proper participation in, or use of, the judicial system.
Attempting to influence the impartiality of a member of the judicial body prior to, and/or during the proceeding.
Verbally or physically harassing and/or intimidating a member of the judicial body prior to, during, and/or after a hearing proceeding.
Failing to comply with, or obstructing the implementation of, sanctions established by a judicial body; violating the terms of disciplinary probation; violating the Code while on disciplinary probation.
Influencing another person to commit an abuse of the judicial system.
Range of sanctions (Article 5) is: Minimum: # 3; Maximum: # 12
h. Interfering with public/personal safety of others through negligent or intentionally improper acts including, but not limited to, propping open doors which are normally locked; improperly using or damaging fire prevention/fighting equipment, intentionally sounding a false alarm; setting a fire or explosive device.
Range of sanctions (Article 5) is: Minimum: # 3; Maximum: # 12
i. Violation of school policies, rules or regulations published herein or in any other school publication or posted announcement.
Range of sanctions (Article 5) is: Minimum: # 2; Maximum: # 12
j. Any other conduct or action in which the school can demonstrate a clear and distinct interest and which threatens any educational process or other legitimate function of the school or the health, safety, or reasonable interests of any member of the school community.
Range of sanctions (Article 5) is: Minimum: # 2; Maximum: # 12
k. Theft of, damage to and/or possession of, stolen or unauthorized personal property of any individual, the school, or of public property (including but not limited to defacing misusing, or misappropriating property).
Range of sanctions (Article 5) is: Minimum: # 3; Maximum: # 12
3. Serious violations which may result in suspension:
a. Participation in a demonstration which disrupts the normal operations of the school and/or infringes on the rights of other members of the school community; unauthorized occupation of a school facility; leading or inciting others to disrupt scheduled and/or normal activities within any building or area; intentional obstruction which unreasonably interferes with freedom of movement on or off school grounds.
Range of sanctions (Article 5) is: Minimum: # 3; Maximum: # 12
4. Violations which may result in disciplinary probation and discretionary sanctions:
a. Tampering with the electoral process of any school recognized organization.
Range of sanctions (Article 5) is: Minimum: # 4; Maximum: # 10
b. Willfully furnishing false information on any matter either orally or in writing to any school official or faculty member, or intentionally causing a false report, warning or threat of fire, explosion or other emergency.
Range of sanctions (Article 5) is: Minimum: # 3; Maximum: # 10
c. Disrupting, obstructing, or interfering with school functions or any school activity (including but not limited to teaching, research, administration activities, and other functions).
Range of sanctions (Article 5) is: Minimum: # 3; Maximum: # 10
d. Unauthorized entry into, use of, or misuse of school property, including data and/or voice communication networks, and facilities or property of another student or school employee. Unauthorized possession, duplication or use of keys and/or codes to any school facilities or premises.
Range of sanctions (Article 5) is: Minimum: # 3; Maximum: # 10
e. Use, possession, manufacture, distribution or dispensing of alcoholic beverages (except as expressly permitted by law and school regulations); or public intoxication.
Range of sanctions (Article 5) is: Minimum: # 3; Maximum: # 10
f. Disorderly, lewd, or indecent conduct; breach of peace; or aiding, abetting, or inducing another person to breach the peace on school premises or at functions sponsored, or participated in, by the school.
Range of sanctions (Article 5) is: Minimum: # 3; Maximum: # 10
g. Intentionally discriminating against a person on the basis of race, color, religion, national origin, sex, age, disability, or sexual orientation, except where such distinction is required by law.
Range of sanctions (Article 5) is: Minimum: # 3; Maximum: # 9
h. Failure to comply with the directives of school officials acting in the performance of their duties and/or failure to identify oneself to these persons when requested to do so.
Range of sanctions (Article 5) is: Minimum: # 2; Maximum: # 9
i. Obstruction of the free flow of pedestrian or vehicular traffic on school premises or at school sponsored functions.
Range of sanctions (Article 5) is: Minimum: # 2; Maximum: # 9
ARTICLE V - - SANCTIONS:
A. Section 1.
Sanctions for Individuals:
Any combination of one or more of the following sanctions may be imposed upon any student who has violated the Professional Conduct Code:
Academic Sanctions: Violations of the Academic Honor Code may result in sanctions stated herein and/or academic sanctions as specified in the Academic Honor Code.
Warning: Finding that the student or organization has violated school regulations, but no further action is being taken; notice that continuation or repetition of such behavior may result in more severe sanctions.
Reprimand: A written reprimand that the student or organization has violated school regulations, and that continuation or repetition of prohibited conduct may result in more severe sanctions.
Disciplinary Probation: A written notice to the student or organization which has violated school regulations that their status as a student or organization in good standing has been removed and that they are subject to sanctions beyond the maximum stated penalty upon continuation or repetition of prohibited conduct. Disciplinary probation is imposed for a specified time period for observing and evaluating the student’s or organization’s conduct. Any violation of the terms of probation shall be charged as a separate offense, subject to the hearing procedures set forth in this Code, with sanctions to include extension of probation, loss of privileges, suspension or expulsion.
Loss of Privileges: The student or organization may be excluded from participation in co-curricular activities including, but not limited to, eligibility to receive non-academic or non-financial awards/honors, representing the school in an official capacity, engaging in intramural athletics. Any restrictions imposed shall be designated as to length, character, and restoration of privileges.
Restitution: Compensation to the school, organization or individual(s) for property damages or other established loss, or for medical expenses due to personal injury, resulting from the violation of the Professional Conduct Code.
Fines: Monetary payment to the school pursuant to other school policy (e.g. parking).
Change of Residence: The required moving from current on-grounds housing to another location as a condition of remaining in residence,or removal from on-grounds housing on either a temporary or permanent basis.
Discretionary Sanctions: These are sanctions which are unique in character, and dependent upon the specific conduct. They may be imposed in concert with other sanctions. Examples include, but are not limited to: participation in specified programs, such as an alcohol education program; completion of a research paper related to the nature of the violation; temporary or permanent loss of parking privileges; loss of access to school computing facilities; repair or restoration of damaged/stolen property.
Suspension: Exclusion from enrollment, school premises, and other privileges or activities for a specified time period, after which the student is eligible for readmission. Suspension may be imposed during an academic term of enrollment and may continue for one or more additional terms as specified, but not to exceed two years. Conditions for readmission may be specified. Notice of this action shall appear on the student’s transcript for the time period specified.
Indefinite Suspension: Exclusion from enrollment, school premises, and other privileges or activities for an indefinite time period beyond two years. Conditions for readmission shall be specified. Notice of this action shall appear on the student’s transcript until the student is declared eligible to return to the school.
Expulsion: Permanent exclusion from enrollment, school premises, and other privileges or activities. Notice of this action shall appear permanently on the student’s transcript.
B. Section 2.
Sanctions for Organizations/Groups:
Any combination of one or more of the following sanctions may be imposed upon any student organization which has violated the Professional Conduct Code:
Those sanctions listed above, numbers 1 through 9.
Temporary Suspension of Official Recognition: Loss of all privileges provided organizations, including but not limited to funding, participation in school activities, use of school facilities, and solicitation/selection of new members. Suspension shall be imposed for a specified time period. School
Permanent Suspension - Withdrawal of
Official Recognition: Loss of all privileges provided organizations, and permanent loss of opportunity to exist as a school organization.
C. Section 3.
Student Disciplinary Records:
A record of violation(s) is kept in the student’s personnel file in the Office of the President. In cases not involving suspension or expulsion, all disciplinary records in the student’s personnel file shall be removed after seven years following the student’s last period of enrollment at the school.
ARTICLE VI - - INTERIM SUSPENSION:
A. Section 1.
Initial Interim Suspension:
Interim suspension from school residence or from the school may be temporarily imposed immediately and without prior notice by the Principal in an extreme circumstance where it is determined by the Principal in his/her discretion that the student poses a definite and immediate threat to the safety and welfare of him/herself, to other persons, to school property, or to the normal operations of the school. During interim suspension, the student may lose regular privileges, such as the right to be present in school residences or engage in any school activities or privileges as determined to be appropriate by the Principal. The interim suspension shall be in effect until the preliminary hearing is held. The hearing shall be held as soon as practicable and will have priority in the scheduling of hearings.
B. Section 2.
Preliminary Hearing:
A preliminary hearing on continuing the interim suspension shall, except in extraordinary circumstances is held within three business days of the decision. The preliminary hearing shall be held with the respondent by the principal. The purpose shall be to determine the reliability of the evidence of alleged misconduct, and whether it reasonably justifies the continuation of the interim suspension pending a full hearing on the charged conduct before the Committee on Professional Conduct.
C. Section 3.
Completion of Term:
If, following the conclusion of the pre-hearing and/or hearing processes, the student is permitted to complete the academic term, s/he shall be allowed to make up any class-work missed during the interim suspension.
ARTICLE VII - - HEARING PROCESS:
A. Section 1.
Pre-hearing Procedures:
Complaint or Referral: Any individual may report a student suspected of violating this Code to the Principal. If another office is notified, it shall forward the matter directly to the Principal. If the conduct is allegedly criminal in nature and is appropriately reported to Public Safety, or other applicable law enforcement agency, the principal’s office shall be notified, and the student conduct investigation may continue. A school official may act as a complainant on behalf of the school and/or third parties. A complaint should be submitted as soon as possible after the offense, preferably within ten business days. However, there is no time limitation regarding the filing and subsequent commencement of proceedings hereunder.
Investigation: When an incident is reported to the Principal, an investigation is undertaken to determine whether further action is necessary. Interviews are held with the person reporting the incident (complainant), the person accused of the violation (respondent) and appropriately identified witnesses to the incident, as the investigator deems relevant. Written statements may be requested by the investigator.
Determination of Charge(s) and Specification(s): The investigator determines whether a hearing should be conducted and which judicial body shall hear the case. If a hearing is to be held, the investigator prepares a charge sheet consisting of a summary of the investigation, as well as witnesses’ written statements (if any), appropriate Public Safety reports and other relevant material.
The respondent has the option to waive the right to a hearing before the Committee on Professional Conduct in circumstances where s/he does not dispute the facts of the case giving rise to the charge(s) and admits responsibility for his/her actions provided that the respondent is notified of his/her right to a hearing. The respondent has the right to waive a hearing at any point in the investigatory process prior to the scheduling of a hearing before the Committee on Professional Conduct. To waive a hearing, the respondent must sign the Waiver of School Judicial Hearing statement. The respondent must also provide a signed written statement disclosing the facts surrounding the incident and acknowledging responsibility for his/her actions. Based upon this statement, the information gathered during the investigation by the Principal which was revealed to the respondent, and the respondent’s past disciplinary record, the Principal will determine the appropriate sanction(s). The sanction(s) may include any combination of those specified in this document. The respondent has the right to appeal the sanction(s). However the decision to waive the right to a hearing and the admission of responsibility, including the contents of the statement of responsibility, are not appeal able. All appeals will be taken in accordance with the procedures for judicial hearings stated in this document.
Notice of Charge(s) and Hearing: The respondent is advised of the charge(s), a summary of the evidence gathered, the name(s) of the witness(es), the procedures to be followed and the date, time and location of the hearing. The written summary (ies) and the charge(s) are provided to the respondent at least five business days prior to the hearing.
The respondent may request that specific judicial board members be removed from the case if sufficient evidence is provided to the Principal, that such members would not be able to be objective due to previous contact with the respondent. This information is forwarded to the Chair of the judicial board, and the decision regarding removal shall be made solely by the Chair of the judicial board.
B. Section 2.
Resolution by Hearing Officer or Judicial Boards:
Investigatory Interview: When the respondent takes full responsibility for the violation(s) and signs the Waiver of School Judicial Hearing statement, the Principal shall determine the sanction(s). Only the sanction(s) may be appealed to the Committee on Student Appeals.
Informal Hearing: Except for claims involving sexual harassment, in which case the procedures set forth in that policy will be followed, and with the consent of the respondent, an informal hearing upon the alleged violation will be conducted before an Informal Hearing Panel, the members of which are designated by the principal. If the Principal, the complainant, or the respondent disagrees with the decision of the Informal Hearing Panel and wishes to appeal, they must notify the principal within three (3) business days of receipt of the decision. In such event, a full hearing shall be held before a panel of the Committee on Professional Conduct. An independent authority with an expertise in the area of the alleged violation may be asked to interpret the details of the case.
Formal Hearing: A panel selected from the Committee on Professional Conduct shall be comprised of: three students), two faculty members, two school officials and the Chair of the Committee on Professional Conduct. If one member leaves permanently during a hearing, the respondent is asked whether the proceeding should continue or be recessed to a later time. If two members must leave the hearing, the Chair calls a recess and sets a time for the proceeding to continue. An independent authority with an expertise in the area of the alleged violation may be asked to interpret the details of the case. No member of the judicial panel may abstain. Decisions are based upon majority vote with the Chair voting only in instances of a tie.
If the Committee on Professional Conduct is unable to meet due to the end of a term or during the summer, cases may be resolved by a subcommittee of this hearing body. The determination to convene a subcommittee to act for the full committee shall be at the discretion of the Principal. The subcommittee shall be comprised of: two students, one faculty member, one school official and one additional member of the Committee who will serve as the Chair. All procedures for a full Committee on Professional Conduct hearing will be followed.
A pool for the Committee on Professional Conduct shall be comprised of students appointed to serve a one-year term (normally re-appointed for two additional years to facilitate continuity), faculty members and school officials normally appointed to serve three-year terms. Six students are appointed by the Student Senate. Six faculty members and four school officials are appointed by the Principal. Members are selected on a rotational basis to serve on a particular hearing panel. Student members must be in good academic standing and have no record of violation of the Professional Conduct or Academic Honor Codes.
Training: All new members of the pool for the Committee on Professional Conduct shall participate in training at the beginning of the academic year of appointment.
The Committee on Professional Conduct may recommend to the appointing source impeachment of a member for neglect of duty. Such action requires a two-thirds vote of the Committee. Student member(s) subsequently found to be in violation of the Professional Conduct or Academic Honor Codes shall be automatically removed from the pool for the Committee on Professional Conduct. The appropriate constituency shall be notified and requested to name a replacement.
C. Section 3.
Judicial Procedures:
In order to maintain confidentiality, hearings are conducted in private. Admission of any individual to the hearing shall be at the discretion of the judicial body chair. The complainant, respondent and the judicial body may present witnesses; the Chair shall make all determinations regarding the propriety and relevancy of a witness’ testimony, and may place limitations upon a witness’ testimony accordingly. The complainant and/or the respondent may have an advisor present at the hearing, providing the advisor is a member of the school community, and is not an attorney. The advisor shall not participate directly in the proceedings, but may be consulted by the complainant or respondent. Neither complainants nor respondents may have an attorney present at any point in the pre-hearing or hearing disciplinary processes.
The Chair distributes the written material to the members of the hearing panel and discusses the procedure to be followed. Time is provided for the members to read the statements. The Chair calls the complainant(s) and the respondent(s) into the hearing room. The tape recorder is started and the Chair calls the hearing to order. The Chair reads the charge(s) and specification(s) and asks the respondent if s/he has had adequate time to prepare, if there are any questions regarding procedure and how the respondent pleas to each of the charge(s) and specification(s). Final decision(s) of procedural matters during the hearing shall be made by the Chair. Opening statements are given by the investigator and the respondent. These statements are general in nature and do not describe the details of the case. The investigator presents the case in detail and may bring witness (es) who testify as appropriate. Following questions of witness(es) by the members of the hearing panel, the respondent may ask questions of the witness(es). The respondent presents testimony and may bring witness(es) who testify as appropriate. Questions of the witness(es) may be asked by the members of the panel, the complainant and the investigator. Witness(es) appear individually and do not remain for the testimony of others. Witness(es) must have observed the alleged incident or provide direct, relevant information.
If new information is provided, additional witnesses may be called to testify.
Closing statements are given by the respondent and the investigator. The members of the hearing panel may ask further questions, if necessary. The respondent may request up to two character witnesses to speak on his/her behalf. Testimony is limited to the character of the respondent, and the members of the panel may ask questions regarding this testimony. The information-gathering session is concluded. All non-hearing panel members are excused from the room, and the tape recorder is turned off. The investigator is available, if needed, but not present during the deliberation.
Members of the hearing panel deliberate deciding whether the charge(s) and specification(s) are true or false, based solely on the evidence presented at the hearing. Each charge and specification is considered separately. Determination of truth or falseness is based on reasonable certainty that the respondent violated the Code. If one or more of the charge(s) is (are) found to be true, the past conduct record of the respondent is reviewed by the Chair. The panel determines the nature of the sanctions.
The Chair sends a letter to the respondent indicating the date of the hearing, the charge(s) and specification(s) involved and the conclusions, including any sanction(s). A copy of the letter and appropriate written material used in the hearing shall be placed in the respondent’s personnel file located in the Office of the Principal.
A record of the proceeding shall be made (normally a tape recording) which belongs to the school. One free copy shall be provided to the respondent if requested.
ARTICLE VIII - - APPEALS
A. Section 1.
Grounds for Appeal:
The respondent who signed the Waiver of School Judicial Hearing statement may appeal only the sanction(s) to the Committee on Professional Conduct if s/he (or the organization charged) disagrees with the sanctions imposed against him/her/it.
The respondent may request a Formal Hearing before the Committee on Professional Conduct if s/he (or the organization charged) questions the fairness of the action taken against him/her/it in an Informal Hearing.
The respondent found responsible by the Committee on Professional Conduct for an offense may request an appeal before the Committee on Student Appeals. Such an appeal shall be based upon any of the following grounds: 1) prejudicial departure from the hearing procedure; 2) new and significant evidence; 3) convincing evidence that the sanction was arbitrary or capricious.
B. Section 2.
Appeal Procedure:
If the respondent who signed the Waiver of School Judicial Hearing statement chooses to appeal the sanction(s), the written request shall be made to the Principal within three business days following notice of the hearing results. Such requests shall be approved.
If the respondent chooses not to accept the decision of the Informal Hearing, and requests a Formal Hearing before the Committee on Professional Conduct, the written request shall be made to the Principal within three business days following notice of the Informal Hearing results. Such requests shall be approved.
If the respondent chooses to appeal the decision of the Committee on Professional Conduct to the Committee on Student Appeals, the request shall be submitted in writing to the Principal within ten business days following notice of the Formal Hearing results.
The Committee on Student Appeals considers an appeal on the basis of the respondent’s written request, a written statement from the complainant and/or Chair of the Committee on Professional Conduct, or Principal, and on the record of the case. The Committee first decides whether to grant the appeal. If the appeal is granted, the Committee shall review the written record of the case and, if appropriate, the audio recording (in part or in full) of the hearing being appealed. A new hearing shall not be conducted by the Committee on Principal Student Appeals.
Appeal Decisions: The Committee may: 1) affirm the finding and sanction(s) imposed; 2) affirm the finding and reduce, suspend or remand the determination of sanction to the Committee on Professional Conduct; 3) remand the case to the Committee on Professional Conduct for reconsideration.
All decisions of the Committee on Student Appeals are final, and not subject to further appeal.
ARTICLE IX - - AMENDMENTS:
Any amendment to this Code, other than a procedural change, must be adopted by a minimum of a two-thirds vote of the Student Senate, a majority vote of the faculty voting upon the Amendment and a majority vote of the Board of Trustees.
Approved by the Board of Trustees
