Student Code of Conduct
A. Reporting Student Misconduct
B. Preliminary Review of Alleged Misconduct
C. Notice of Charges
D. Resolution Pathway Options
E. Additional Process Information
F. Student Rights and Responsibilities
G. Sanctions
H. Student Account Hold Related to Student Discipline
I. Interim Sanctions
J. Appeals
Preamble
As a community that celebrates its Catholic, Lasallian, and Liberal Arts traditions and receives inspiration in the life of its Founder, Saint John Baptist de La Salle, Saint Mary’s College expresses these values in specific and intentional ways. The five Lasallian Core Principles of Faith in the Presence of God, Respect for All Persons, Inclusive Community, Quality Education, and Concern for the Poor and Social Justice give direction to and find expression among the College community. These five Lasallian Core Principles provide the framework through which our students conduct themselves and are consistent with College policies. Additionally, the general principles governing community life at Saint Mary’s College are guided and informed by the Mission of the College. All members of the College community are expected to read and have a working knowledge of its principles. The Code of Conduct and student discipline process are intended to:
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Create a responsible and intellectual educational community;
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Promote the respect of College and individual property;
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Create an environment in which all members of the community are treated with dignity, care, and respect; and
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Provide an environment that facilitates intellectual, personal, and spiritual development.
By voluntarily choosing to affiliate with the College, students are presumed to have knowledge of and have accepted the responsibilities outlined in the Code of Conduct, other College policies, and the student discipline process. Claiming not to know the Code of Conduct, other College policies, or the student discipline process is not considered a legitimate excuse or defense for violations of the Code of Conduct or other College policies.
Article I: Definitions
1. “Administrative Hearing Officer (AHO),” means a College official authorized on a case-by-case basis by the Dean of Students, or designee, to impose sanctions upon any student(s) found to have violated the Code or other College policy. The Dean of Students, or designee, may authorize an Administrative Hearing Officer to serve simultaneously as a member of a Disciplinary Hearing Board.
2. ”Appeal/Appellate Board” or “Appeal/Appellate Officer” means any person(s) authorized by the Dean of Students, or designee, to consider an appeal from a student discipline process determination as to whether a student has violated the Code or from the sanctions imposed by the Administrative Hearing Officer, Peer Conduct Council, or Disciplinary Hearing Board.
3. ”Bystander” means anyone who observes an emergency or a situation that looks like someone could use some help, and they must then decide if they are comfortable stepping in and offering assistance.
4. ”Campus” includes all land, buildings, facilities, and other property in the possession of or owned, used, operated, or controlled by the College.
5. ”Campus Security Authority” is a term used in the Clery Act to describe any campus officials with significant responsibility for student and campus activities who are required to report.
6. ”Code,” “Code of Conduct,” or “Student Code of Conduct” means the document administered by the Office of Community Life that sets forth the community standards and procedures necessary to maintain and protect an environment conducive to learning and in keeping with the educational objectives of Saint Mary’s College.
7. ”College” means Saint Mary’s College of California.
8. ”College official” includes any person employed by the College and who is acting within the course and scope of their College employment or leadership role (e.g., Resident Advisor).
9. ”Complainant” means any person who submits, either orally or written, a report alleging a violation of the Code and/or College Policy. When a student believes they have been a victim of another student’s misconduct, the student who believes they have been a victim will have the same rights under this Code as are provided to the Complainant, even if another member of the College community submitted the report of conduct. (For definition of Complainant in the Sex-Based Discrimination, Sexual Harassment, Sexual Misconduct, and Retaliation Policy,please see that policy.)
10. “Confidentiality” means ensuring that information is accessible only to those authorized to have access.
11. “Day” means a day when the College is open for business, regardless of whether classes are in session. In determining deadlines as set forth in the student discipline process, reference to the number of “days” prior to or after an occurrence of an event shall not include the day of the event.
12. “Dean of Students Hold” may be placed on a student account by the Dean of Students, or designee, for missing a meeting, failing to complete a sanction by a deadline and/or College Suspension, College Expulsion, Interim Suspension of Privileges. Dean of Student Holds prevents any enrollment actions such as adding or withdrawing from courses as well as releasing an official academic transcript.
14. “Handbook” means the Student Handbook and includes policies and processes related to the College that apply to students including the Student Code of Conduct.
15. “Investigation” means the act or process of investigating or the condition of being investigated, a detailed or careful examination for ascertaining facts related to an allegation of violation(s) of the Code of Conduct. When used under the Sex-Based Discrimination, Sexual Harassment, Sexual Misconduct, and Retaliation Policy, this role is be limited to fact-finding and gathering..
16. “Organization” means any number of persons who have complied with the formal requirements for College recognition.
17. “Policy” means the written regulations of the College as found in, but not limited to, the Code, Student Handbook, the College Catalog, the College web page and Technology Use policy, and all College Catalogs.
18. “Privacy” means the control over the extent, timing, and circumstances of sharing oneself (physically, behaviorally, or intellectually) with others. Privacy refers to persons and their interest in controlling the access of others to themselves.
19. “Possession” is interpreted as being in the known presence of prohibited items. Students encountered in locations where drugs, alcohol, weapons or explosives, or other misconduct is evident will normally be considered in violation, even if they do not have the prohibited items on their person at the time they are encountered.
20. “Residential Living Spaces” includes living rooms, bedrooms, or other spaces that are capable of being occupied as the equivalent of a residence or accommodation.
21. “Respondent” means any student alleged of engaging in conduct in violation of this Code or other College policy. (For the definition of Respondent in the Sex-Based Discrimination, Sexual Harassment, Sexual Misconduct, and Retaliation Policy, please see that policy.)
22. “Retaliation” means threats or other forms of intimidation against a student or employee for bringing forth a complaint of any alleged discrimination, harassment (including sexual) or of any other violations of College policies including, but not limited to, the Code of Conduct..
23. “Shall” and “will” are used interchangeably in this Handbook, and are intended to have the same meaning, i.e., to express a certainty of outcome, a requirement, or an absence of discretion or choice.
24. “Student” includes any person participating in the undergraduate or graduate program by taking courses at the College, either full-time or part-time, taking credit/no credit classes, or having resident or non-resident status, including when studying abroad in connection with a College-sponsored program. Persons who withdraw after allegedly violating the Code, who are not officially enrolled for a particular term but who have a continuing relationship with the College, or who have been notified of their acceptance for admission are considered students.
25. “Student Organizations” A student organization is defined as a group of students that is registered under a department or recognized by Associated Students/Student Involvement & Leadership. These groups/organizations must have a defined relationship with the above-mentioned groups and structured officer positions.
26. “Title IX” means the Education Amendments of 1972 that prohibit discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance. Title IX is enforced by the Department of Education through the Office for Civil Rights.
Article II: Code of Conduct Authority
1. The authority to enforce the Code and other College policies is delegated by the President to the Vice President for Student Life and then to the Dean of Students, who is charged with overseeing and administering the student discipline process. The Dean of Students, or designee, shall determine the composition of the pools of the Administrative Hearing Officersand Appeals Officers/Board. The Dean of Students, or designee, determines which Administrative Hearing Officersor Appeals Officers/Board members shall be authorized to hear each matter.
2. The Dean of Students, or designee, shall develop policies for the administration of the student discipline system and procedural rules for Administrative Hearings and Appeals Officers/Boards that are consistent with the provisions of the Code and/or other College policies.
3. Decisions made by an Administrative Hearing Officer and/or Appeals Officer/Board shall be final, pending the conclusion of the normal appeal process.
Article III: Proscribed Conduct
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Jurisdiction of the Code of Conduct
The Code shall apply to conduct that occurs on campus, at College-sponsored activities, and to off-campus conduct that adversely affects the College environment and/or the pursuit of the College community’s objectives. Each student shall be responsible for their conduct from the time of enrollment for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. The Code shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending. The Dean of Students, or designee, shall decide whether the Code shall be applied to conduct occurring off campus, on a case-by-case basis, in their sole discretion.
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Conduct - Rules and Regulations
Students are expected to conduct themselves as mature and responsible members of the campus, local, and any community in which the student resides while a student at Saint Mary’s College of California. This policy also applies to students studying abroad, either in a program sponsored by Saint Mary’s College of California, or otherwise. As such, students are responsible for upholding all federal, state, and city laws and ordinances, including those related to noise, traffic, parking, zoning, and consumption of alcohol. In addition, as responsible members of the community, students are expected to foster an atmosphere that nurtures positive educational pursuits, the development of understanding and tolerance of those with different cultural and political points of view, and an environment that encourages responsible behavior in the community.
Discipline may be imposed to off campus behavior if:
a. The off-campus conduct is specifically prohibited by law (including but not limited to dating violence, domestic violence, stalking, sexual offenses (non-consensual penetration and fondling) or the Code of Student Conduct;
b. The off-campus conduct demonstrates that the continued presence of the student on campus presents a danger to the health, safety, or welfare of the campus community, is disruptive to the orderly conduct, processes and functions of the College, or is intimidating or threatening to the campus community or member of the campus community; or,
c. The off-campus conduct is of such a serious nature that it adversely affects the students’ suitability to remain a part of the campus community.
Students and, to the extent applicable, any student organizations are subject to disciplinary sanctions when acting contrary to the general principles outlined in the Code’s Preamble. Included are violations of any College policy, rule, or regulation published or available electronically on the College website or violation of any federal, state, or local law. The commission, aiding, abetting, attempting, inciting, and/or complicity in any of the following constitutes an offense for which a student or student organization may be subject to the student discipline process. This list does not define misconduct in exhaustive terms and may not describe all potential violations. Examples of specific incidents of contrary action are outlined below.
1. Dishonesty - Acts of dishonesty, including, but not limited to, the following:
a. Furnishing false information to any College official, employee, or department.
b. Forgery, alteration, or misuse of any College document, record, or instrument of identification.
2. Disruptive Conduct - All members of the College community are entitled to be a part of and are responsible for maintaining an environment of civility that fosters respect, peace, self- dignity, tolerance, and freedom of expression. Therefore, the community expects that students will avoid disruptive conduct that includes, but is not limited to, action that impairs, interferes with or obstructs the orderly conduct, processes and functions of the College and covers acts and attempted acts, regardless of whether the act or attempt was deliberate and whether the potential outcome was intended.
a. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other College activities either on or off campus.
b. Self-destructive conduct that may endanger not only the person acting in that manner, but also impacts the entire community. The College will take into account factors that impact or cause such conduct including, but not limited to, suicidal ideation, threats or attempts, eating disorders, cutting, and other self-mutilation.
c. Interference with the freedom of movement or speech of any person or guest of the College.
d. Interference with the rights of others to enter, use or leave any College facility, service or activity, or inappropriate or disruptive behavior in the classroom.
e. Intentional misuse, disabling of, or tampering with any emergency response equipment. This means interfering with or unnecessarily using a fire alarm system, sprinklers, smoke detectors, firefighting or safety equipment, or any other public safety or emergency call device as well as issuing, falsely or not, a bomb threat or other warning of impending disaster is prohibited.
f. Hindering another’s exit or failing to exit during an alarm or evacuation or intentionally starting or attempting to start a fire on campus is prohibited.
3. Disorderly Conduct - The College endeavors to be a community that nurtures the growth and development of all of its members, demonstrates respect for one another, is sensitive to differences, and engages in interactions based on a standard of fairness. Therefore, the community expects that students will avoid conduct that is disorderly in nature which subsequently threatens, harms, or interferes with members of the College community, including, but not limited to, conduct such as:
a. Personal Rights and Freedoms: Actions that infringe generally upon the rights, identities, and/or freedoms of other individuals are prohibited, regardless of the intention behind the actions. Such actions include, but are not limited to, physical abuse, verbal abuse, threats, intimidation, harassment, discrimination, coercion, and/or other conduct which threatens or endangers the health or safety of any person.
b. Violence, being unruly, disturbing the peace, and/or fighting.
c. Public intoxication.
d. Indecent or obscene conduct, whether on or off campus, including, but not limited to, in person communication, third party communication, and/or electronic communication.
e. Hosting guests who violate any of the College’s policies or violations within the Code of Student Conduct.
f. Aiding, abetting, assisting, facilitating, or procuring another person to engage in prohibited behavior.
g. Conduct toward another student and/or employee that has the observable effect of unreasonably interfering with that individual’s ability to work or to participate in the educational benefits at the College.
4. Damage to Property, Vandalism, and Unauthorized Use - College community members are expected to respect College property, the private property of other members of the College community and the property of the larger community in which we live. Damage to property, vandalism, and unauthorized use includes, but is not limited to:
a. Damaging, vandalizing or tampering with property owned, operated, or controlled by the College or one of its members (i.e. students, employees, third-party vendors, or visitors) is prohibited. The theft, attempted theft, or the unauthorized use or possession of property or services owned or controlled by an individual or the College regardless of location.
b. The entry of, or attempt to enter, any College owned or operated building or facility, or property within the surrounding campus community, without authorization or a legal right to do so, or except with such authority or right, against the will of the occupant or the individual in charge of the building or facility.
c. Unauthorized presence on, in, or within any building or property owned or operated by the College, including roofs, balconies, lounges, parking lots, classrooms, or other areas that are not designated as acceptable; this may include residing or sleeping beyond the purpose of a short nap in vehicles or spaces that are not deemed a residential living quarters as defined by the College.
d. Unauthorized possession, duplication, distribution, or use of keys to any College premises or unauthorized entry to or use of College campus or College property.
e. Unauthorized dumping or abandonment of one’s property or the property of another.
f. Unauthorized acts against wildlife. No person may remove, destroy, or abuse any bird, animal or fish life within the boundaries of College property.
5. Prohibited or Irresponsible Alcohol Related Conduct - The sale, use, possession, or distribution of alcohol, or being under the influence of alcohol, except as permitted by law or College policy (refer to Alcohol & Other Drugs Policy).
6. Prohibited or Irresponsible Drug Related Conduct - The sale, use, possession, manufacturing, or distribution of any illicit drug, synthetic drug, or other controlled substance, or being under the influence of controlled substances or illegal drugs, and/or the sale, use, manufacturing or distribution of drug paraphernalia, except as permitted by law or College policy (refer to Alcohol & Other Drugs Policy).
7. Sexual Misconduct or Sexual Harassment - All sex-based harassment and sexual misconduct is covered in the College’s Sex-Based Discrimination, Sexual Harassment, Sexual Misconduct, and Retaliation Policy available on the Title IX website: Policy & Procedures.
8. Harassment of Other Students Based on Protected Category - Harassment is defined as unwelcome conduct on the basis of actual or perceived membership in a class protected by policy or law (including physical, verbal, graphic, or written conduct) that is sufficiently severe, pervasive or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the services, activities, or privileges provided by the College.
9. Harassment of Employees - Unwelcome behavior in the workplace that is reasonably regarded as offensive that is based on a protected category of an employee that: (a) sufficiently offends, humiliates, distresses, or intrudes upon its victim, so as to disrupt the victim’s emotional tranquility in the workplace, or (b) affects the victim’s ability to perform the job as usual, or, (c) otherwise interferes with and undermines the victim’s personal sense of well-being.
10. Hazing - “Hazing” means any action or situation which (a) endangers or adversely affects the mental or physical health or safety of another person or persons; (b) would cause extreme embarrassment or adversely affect the dignity of another person or persons; or, (c) causes another person or persons to destroy or remove public or private property. This includes, but is not limited to, any brutality of a physical nature, such as whipping, beating, branding, forced consumption of any food, alcohol, drug or other substance, any activity which would subject an individual or individuals to extreme mental stress, such as sleep deprivation or forced exclusion from social contact. Hazing with or without the consent of a student is prohibited. Initiations or activities of student organizations are prohibited from including any feature that is dangerous, harmful, or degrading to the student. A violation of this prohibition renders both the organization and participating individuals subject to discipline. Any student who knowingly witnesses or acquiesces in the presence of hazing is also subject to discipline. The expressed or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this rule.
11. Weapons and Explosives - Knowledge of or the possession of firearms, explosives, other weapons, or dangerous chemicals on College premises or use of any such item in a manner that harms, threatens, or causes fear to others. All weapons or explosives will be impounded and are subject to forfeiture without reimbursement or return to the person from whom they were confiscated.
a. Weapons include, but are not limited to, studded wristbands, nunchakus, firearms, replica weapons, knives, swords, air-powered guns (including, but not limited to, paintball guns, BB guns, and CO2 guns), Stun guns, Tasers, slingshots, or any object that normally would not be considered a weapon, but by alteration, modification or redesign, or by intended use, would be readily recognized or considered as a weapon by any reasonable and prudent person.
b. Explosives include, but are not limited to, firecrackers, ammunition, and fireworks.
12. Illegal Gambling - Engaging in illegal gambling activities as defined by federal, state, or local law, is prohibited.
13. Abuse of Technology - Any abuse of computer facilities and resources, including, but not limited to, any violation of the College’s Technology Policy.
14. Failure to Comply - Failure to comply with verbal or written directions of College officials or law enforcement officers acting in the performance of their duties and/or failure to identify oneself to these persons when requested to do so.
15. Misuse of the Student Discipline Process - Misuse of the discipline process may result in additional sanctions. These include, but are not limited to:
a. Failure to comply with notice from a College official to appear for a meeting or hearing as part of the student conduct process.
b. Falsification, distortion, or misrepresentation of information before any College official.
c. Disruption or interference with the orderly conduct of a student conduct hearing proceeding.
d. Acting in bad faith.
e. Attempting to discourage an individual’s proper participation in, or use of, the Code process.
f. Attempting to influence the impartiality of a College official, Administrative Hearing Officer, or a Peer Conduct Council panel member prior to, and/or during the course of, the student conduct hearing proceeding. Harassment (verbal or physical) and/or intimidation of a College official, or Administrative Hearing Officer prior to, during, and/or after a student conduct code proceeding.
g. Failure to comply with the sanction(s) imposed under the Code.
h. Influencing or attempting to influence another person to commit an abuse of the student conduct process or other College policy.
16. Retaliation and/or Violation of Interim or Supportive Measures - Threats or other forms of intimidation and/or retaliation against a student or employee for bringing a complaint of any alleged discrimination, harassment (including Title IX-related) or of any other violations of College policies, including, but not limited to, the Student Code of Conduct, are prohibited. This prohibition includes threats or other forms of intimidation and/or retaliation against the family or friends of a student or employee who brings a complaint under this policy, or those who assist a student or employee in bringing a complaint, or those who participate in an investigation and/or student discipline process for an alleged violation of the Student Code or other College policy. Retaliation is a violation of College policy and may also be a violation of the law. Interim protections are steps the College takes to reasonably protect employees and students during an investigation and/or student discipline process.
17. Violation of federal, state, or local law. Engaging in conduct that violates federal, state, or local law whether such conduct takes place on or off campus or whether civil or criminal penalties may also be imposed for such conduct. A violation of this provision is not predicated upon a final determination by a court of law.
18. Violation of Saint Mary’s College policies, rules and/or regulations. Engaging in conduct that violates College policies, rules, or regulations.
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Violation of Law and College Discipline
The College’s student discipline process is applicable to conduct which occurs on College owned or controlled premises or at activities which the College sponsors or recognizes (including, but not limited to, off-campus sanctioned events, sporting activities, study abroad, and travel), off-campus conduct between or among the College’s students, or any activity of which the Dean of Students, or designee, has notice and in which a police report has been filed, a summons or indictment has been issued, or an arrest has occurred. Therefore, the student discipline process may be activated, at the discretion of the College, for alleged violations which occur off-campus and when such actions by its students might adversely affect other students enrolled at the College or individuals visiting the College campus, the interests of the College community, the pursuit of College objectives and/or the surrounding community.
When a student is charged by federal, state, or local authorities with a violation of law, the College will not request or agree to special consideration for that individual because of their status as a student. If the alleged offense is also being processed under the Code, the College may advise off-campus authorities of the existence of the Code and of how such matters are administratively handled within the College community. The student discipline process is separate from, and will proceed without regard to, any criminal or civil proceedings. Consistent with the College’s obligations under applicable law, the College will attempt to cooperate with law enforcement and other agencies in their enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus policies or sanctions). Individual students and other members of the College community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.
Article IV: Procedures
The College encourages students, faculty, and staff to resolve conflicts informally and at the lowest level. When that is not possible or appropriate, anyone can report alleged student misconduct. The following procedures are designed to offer a fair process in determining, and when appropriate, sanctioning students for violations of the Code and other College policies but should not be confused with standards or procedures that apply in civil, criminal, or external administrative legal settings. The College’s procedures are educational, restorative, and intended to address the impact of the behavior. For behaviors that fall within the definitions of prohibited conduct in the Sex-Based Discrimination, Sexual Harassment, Sexual Misconduct, and Retaliation Policy , the procedures in the that Policy shall be used to resolve such allegations. For any cases involving dating violence, domestic violence, stalking or sexual assault (whether applicable under Title IX or not), the College will ensure that the procedures comply with the Clery Amendments.
A. Reporting Student Misconduct
Anyone, including, but not limited to, students and employees, who believes a student or student organization is in violation of College policy or the Code of Conduct, may submit an online report or complaint to the Dean of Students, or designee. All reports of student misconduct must be made prior to the actual physical receipt by the Respondent of the degree from the College.
A report of conduct should include:
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The name of the student(s), or student organization, alleged to have violated the Code or other College policy;
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A clear factual statement describing the nature of the conduct (date, time, place, witnesses); and,
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The name(s), address(es) and contact information of those filing the report.
Prompt reporting will enable the College to investigate the facts, determine the issues, and provide an appropriate remedy or disciplinary action regardless of a police report being filed.
B. Preliminary Review of Alleged Misconduct
The Dean of Students, or designee, will review all reports of misconduct to determine if there is credible information that warrants charging a student with violating the Code. Preliminary meetings with the complainant and/or witnesses may occur prior to initiating the student conduct process or contacting the accused student. If the accused student is contacted about the case during the preliminary review, they will be made aware that the incident could result in a student conduct process.
After reviewing the alleged misconduct and any available supporting information, the Dean of Students, or designee, will determine whether to dismiss the complaint, utilize some form of conflict resolution and/or restorative justice, or to bring charges against the student or student organization.
If the complaint involves conduct that may fall under the Sex-Based Discrimination, Sexual Harassment, Sexual Misconduct, and Retaliation Policy, the Title IX Coordinator, or designee, will review and respond in accordance with the procedures outlined in the that corresponding policy.
C. Notice of Charges
If there appears to be credible information that the student may have violated the Code of Conduct and the College has jurisdiction over the behavior, notice is sent to the accused student. This notice shall be addressed to the student who allegedly violated the Code of Conduct. This notice of charges shall be delivered, electronically, to the Respondent through the College’s designated student email system regardless of where the student resides, or, if necessary, by any other means designed to ensure the Respondent receives the notice. This notice shall identify a time and date for the Respondent to meet with the Dean of Students, or designee, to discuss the Code of Conduct, procedures, and resolution options available.
D. Resolution Pathway Options
The appropriate resolution pathway will be determined by the Dean of Students, or designee, after a review of the available information. The following are available options:
a. Alternative Conflict Resolution
Alternative Conflict Resolution processes such as mediation, facilitated dialogue, shuttle negotiation, restorative practices, and informal agreements allow individuals involved in a conflict to have significant influence over the resolution process. If all persons directly affected by the misconduct or conflict agree to attempt resolution through one of these processes, and the Dean of Students, or designee, believes the process is an appropriate form of resolution, arrangements will be made for this type of resolution pathway. Please note that the nature of some misconduct or conflicts, especially those involving violence, may render this option inappropriate. If a resolution is not achieved through this process, a matter may be referred to another option for resolution. Resolutions agreed upon through this process may not be appealed.
b. Agreed Resolution
In situations that have been investigated and are to be heard by an Administrative Hearing Officer (AHO), the Dean of Students or designee and the Respondent may agree on the facts and, if warranted, identify mutually agreeable sanction(s) to be imposed. In such a case, the agreed upon facts and sanction(s) shall be reduced to writing, dated, and signed by the Respondent. An Agreed Resolution shall be final and not subject to subsequent proceedings unless the Complainant submits a written objection to cancel the Agreed Resolution within three (3) business days of the date it was signed by the Respondent. In situations where the Dean of Students, or designee, and the Respondent cannot agree to the facts and sanctions to be imposed, the case shall be referred to the AHO for a determination in accordance with outlined procedures.
c. Hearings
Hearings are used for determining responsibility when a student or student organization has been alleged to have violated the Code of Conduct. The Dean of Students, or designee, will decide which option will be used. In some cases, it may be necessary to investigate the alleged behavior in order to gather additional information.
Administrative Hearing Officer (AHO) Review
This type of hearing involves a trained staff member who is serving as the AHO. These individuals are selected by the Dean of Students, or designee. The AHO meets with students who have been alleged to have violated the Code or other College policy.
The AHO will meet with the student(s) to:
- Review and discuss the report of alleged conduct;
- Investigate the case thoroughly and asks questions of the Complainant, Respondent, and relevant witnesses;
- Determines an appropriate finding;
- If found responsible, impose appropriate sanctions;
- The outcome will be communicated to the Respondent in writing generally within seven (7) business days; however, unavoidable delay in providing notice of outcome is not an available ground for appeal.
- For certain types of cases (e.g., cases involving violence towards others) the college reserves the right to assign an investigator who will draft a report of facts which will be provided to the AHO who is a trained staff member selected by the Dean of Students, or designee, who has received specific training for hearing these types of cases.
E. Additional Process Information
Below are details related to the student disciplinary process and procedures:
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Burden of Proof - The burden of proof shall be on the College, which must find that the violation was committed by the alleged student or student organization by a preponderance of the evidence. In other words, the College must demonstrate that it was more likely than not, based on the evidence, that the student or student organization is responsible for the alleged violation(s).
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Participation - Students are expected to participate in the student discipline process when they are called to a hearing as a Complainant, Respondent, or Witness. Should a student fail to appear when proper notification has been given or should the student fail to provide a statement during the hearing, the hearing will proceed without benefit of that student’s input. Meetings will be scheduled taking into consideration the student’s regular academic schedule only.
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Advisors - Students have the option of choosing any advisor to accompany them through the discipline process. The advisor is not an advocate for the student in the proceedings and may not address the hearing body or speak on behalf of the student. The advisor may speak with the student privately and in a manner that is not disruptive to the hearing or meetings regarding the student discipline process. The respective student’s advisor may be present at any time at which the student they are advising is meeting with the hearing body or other member of the College staff regarding the disciplinary matter and at which the student wishes for them to be present. A list of campus advisors who have been trained on the student conduct process can be obtained from the Dean of Students, or designee. Students are not limited to this list and may be accompanied by an advisor of their own choice.The Advisor is obligated to maintain the confidentiality of the nature of the allegation(s), the content of the student discipline process, and the privacy of the Complainant, Respondent, and any Witnesses known to the advisor. Students are strongly encouraged to choose an advisor to assist them in the discipline process; however, it is the student’s decision as to whether to seek an advisor and, if so, who that advisor will be. Students can also choose to change their advisor. The student must inform the Dean of Students, or designee, of any advisor changes. Advisors may be dismissed from any proceedings if they disrupt the process. Please review the Sex-Based Discrimination, Sexual Harassment, Sexual Misconduct, and Retaliation Policy for the involvement of Advisors related to that process.
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Rules of Evidence - Civil or criminal rules of evidence shall not apply, nor shall deviations from prescribed procedures necessarily invalidate a decision or proceeding unless it is demonstrated by the student alleging the deviation that there is significant prejudice to the final outcome of the discipline proceeding as it affects the student sanctioned or the College.
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Review of Records - Student discipline documents (including, but not limited to, reports, Campus Safety reports and statements) may be reviewed on site at the College by the Complainant and/or the Respondent, but may not be duplicated or photographed.
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Confidentiality/Privacy - Every reasonable and appropriate effort will be taken by all involved staff to protect the privacy of all individuals involved in a student discipline proceeding, as well as the confidentiality of the details and content of the student discipline process, including, but not limited to, the preliminary investigation, hearing, appeal process, and except where permitted by College policy and consistent with applicable law, the sanctions imposed and on whom. However, the College cannot guarantee absolute confidentiality. Students involved in the student discipline process, either directly, or as a witness, are expected to maintain the confidentiality of the process and be mindful of the privacy of others involved.
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Truthfulness - All individuals participating in the student discipline process are expected to tell the full and complete truth in all disciplinary matters.
While the campus conduct process is different from criminal or civil proceedings, the following rights are provided to students, along with the expectation that students fulfill their responsibilities in the process.
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Student Rights
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Student Responsibilities
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To be treated with dignity and respect.
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To treat others with dignity and respect.
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To have an advisor of choice present to provide support at any student conduct hearing or meeting. Students seeking an advisor can request a list of potential advisors (i.e., employees who have received training about the student conduct process).
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To notify the College if an advisor will be present, and to understand that if the advisor does not comply with the College’s expectations, they will be asked to leave the proceeding or meeting, which will continue without the advisor’s presence. To notify the College of any advisor changes.
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To have student educational records related to the conduct process maintained as confidential except as otherwise required by law or permitted by College policy; to have all conduct proceedings and meetings be closed; and, to inspect and review student conduct records, in accordance with FERPA.
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To understand the recordkeeping policies and that any information related to other students will be redacted from any records that are released, unless otherwise required by law
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To be informed of the policies and procedures in the Student Code of Conduct.
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To review and abide by the Student Code of Conduct, including both policies and procedures.
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To request appeals based on the grounds described in this Code.
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To submit appeals as instructed when applicable.
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To have the information reviewed by an unbiased, trained hearing body who will use the preponderance of the evidence as the standard of proof.
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To understand that the conduct process is designed to be educational, not adversarial, and that it is different from a court proceeding.
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To contact and present witnesses to the incident(s) being investigated or reviewed.
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To present only those who have relevant information to the incident/behavior in question within the guidelines presented by the College.
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To be provided with the opportunity to review materials, information, and relevant case information in a timely manner.
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To follow the procedures (including deadlines) to request such a review.
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To be provided with notice of charges, if the student conduct process is initiated, and to be informed of the procedures for resolution.
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To review the notice and seek clarification if there are any questions about the process.
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G. Sanctions
Sanctions are assessed in response to the specific conduct, the student discipline history of the Respondent and in keeping with the policies and procedures described in this handbook so that the student may engage in educational growth and personal development. The assessment of sanctions within the student discipline process is itself part of the College’s educational mission and process, even in the case of the sanction of Expulsion. The sanctions are determined taking into consideration a Respondent’s prior conduct history, the nature of the violation, and the impact or harm to the community. The College intentionally infuses principles of restorative justice into sanctioning which allow the student to address any harm they may have caused.
There may be circumstances in which an educational conversation occurs that is a verbal advisory but not a sanction as the behavior did not yield a finding of responsibility. This conversation serves to remind students of the expectations required to be part of the Saint Mary’s College community.
The following sanctions may be imposed upon any student, or student organization, found to have violated the Code (more than one of the sanctions listed below may be imposed for any single violation):
1. Written Warning: A notice in writing to the student or student organization they are violating or have violated the Code or other College policy.
2. Loss of Privileges: Denial of specified privileges for a designated period of time. Examples include, but are not limited to, guests, computer use, housing selection, dining, participation in athletics, student government, co-curricular activities, on-campus student employment, recreational, and/or social activities.
3. No Contact Directive: A no contact directive, specific to a person and/or location, prohibits a student from having direct or indirect communication or contact with a specified person; including, but not limited to in person communication, electronic communication, mail, and/or third-party communication.
4. Loss of Recognition: The College may unrecognize student organizations for a specific time period or permanently. In the case of the former, the time period and conditions for reapplying for recognition and resumption of the associated privileges will be outlined.
5. Fines: As appropriate to the violation, a fine may be imposed.
6. Restitution: Students or Student Organizations may be required to make payment to the College and/or Complainant for loss, damage, or injury incurred as a result of a violation. Once restitution is satisfied, the student must provide documentation to the Dean of Students, or designee.
7. Parental/Guardian Notification: Parents/guardians of a student who is under the age of 21 and found responsible for an alcohol or other drug violation may be notified by the Dean of Students, or designee, in the form of a letter under certain circumstances.
8. Programs/Projects/Activities: Programs/Projects/Activities that help the student understand the inappropriateness of the conduct and designed to help the student become more aware of the Code and other College policies. Examples include, but are not limited to, reflection papers or assignments, online programs, letters of apology, service to the College or an off- campus resource, or other related educational assignments.
9. Health/Counseling Assessment: Referral to the Health and/or Counseling and Psychological Services and completion of assessment and any recommended treatments.
10. Restricted Access: Conditions imposed on a student that specifically dictate and limit their future presence on the campus and/or participation in College sponsored activities. The restrictions will be clearly defined and may include, but are not limited to, presence in certain buildings or locations on the campus or a no contact directive forbidding the student from contact with another member of the community.
11. Residence Hall Relocation: A student may be relocated to another College residence hall or room.
12. Residence Hall Suspension: The removal of the student from College housing (without refund) for a defined period of time after which the student is eligible to apply for readmission to College housing. During the period of Residence Hall Suspension, the student shall not enter any College residence hall except to conduct College related business with an office located within a residence hall.
13. Stayed Residence Hall Suspension: When the nature of the violation is serious enough that Residence Hall Suspension is warranted but there may be factors and/or conditions that support allowing the student to remain in College housing, without endangering the health or safety of the student or other student(s), the sanction of Residence Hall Suspension may be placed in stayed status for a defined period of time. If the student is found in violation of the Code or other College policy during the time of stayed status, removal from College housing (without refund) may result and may take effect immediately without further review. The student is also subject to additional sanctions appropriate to the new violation.
14. Residence Hall Expulsion: The student is permanently removed from College housing (without refund) and may not enter any College residence hall except to conduct College related business with an office located within a residence hall.
15. Disciplinary Probation: A written reprimand for violation of specified regulations. Disciplinary Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period. There are two forms of probation: reporting and non-reporting.
16. College Suspension: Separation of the student from the College (without refund) for a defined period of time, after which the student is eligible to apply for readmission. Readmission is not guaranteed. During the suspension period, the student is not permitted on campus and shall not participate in any off-campus College sponsored /affiliated activity.
17. Stayed College Suspension: When the nature of the violation is serious enough that College Suspension is warranted but there may be factors and/or conditions that support allowing the student to remain in the College, without endangering the health or safety or the student or other student(s), the sanction of College Suspension may be placed in stayed status for a defined period of time. If the student is found in violation of the Code or other College policy during the time of stayed status, removal from the College (without refund) may result and may take effect immediately without further review. The student is also subject to additional sanctions appropriate to the new violation.
18. College Expulsion: Permanent separation (without refund) of the student from the College prior to the actual physical receipt of the College diploma. A student who is expelled will not be eligible to receive an academic degree from the College at any time. The student is not permitted on the campus and shall not participate in any off-campus College sponsored/affiliated activity. The College may rescind a College degree following the awarding of a College diploma, or may withhold the awarding of a degree pending the outcome of the student discipline process for a violation of the Code or other College policy, that does, or would have the potential to, result in the sanction of Expulsion. The sanction of Expulsion is noted on the student’s academic transcript. Expulsion is not considered to be punitive or a deterrent in the criminal or civil sense, but rather a determination by the College that the student has demonstrated by their conduct that they are unqualified to continue as a member of the College community.
19. Withholding Degree: The College may withhold awarding a degree otherwise earned until the completion of the process set forth in this Code, including the completion of all sanctions imposed, if any.
H. Student Account Hold Related to Discipline
A Dean of Students (DS) Hold may be placed on a student’s account by the Dean of Students or designee. The action may be taken if a student misses a meeting or fails to complete a sanction by a prescribed deadline. Additional circumstances that warrant a DS Hold include, but are not limited to: College Suspension, College Expulsion, and Interim Suspension of Privileges. DS Holds prevent any enrollment actions such as adding or withdrawing from courses as well as accessing transcripts or diplomas.
I. Interim Action
An Interim Action can be either an interim measure and/or an interim protection. In certain circumstances, the Dean of Students, or designee, may impose an interim sanction suspending select College privileges and/or a no contact directive. Interim Actions including interim suspension of privileges and/or a no contact directive may be imposed:
1. In instances where it is determined that a student poses a potential threat to another; or
2. To ensure the safety and wellbeing of members of the College community or preservation of College property; or
3. To ensure the student’s own physical or emotional safety and wellbeing; or
4. If the student poses a threat of disruption or interference with the normal operations of the College.
Every attempt will be made by the Dean of Students, or designee, to meet as soon as possible with the student before implementing any interim action. The decision will be communicated in writing to the student. During the interim action, a student may be denied access to the residence halls, other campus facilities, and/or to the campus (including classes), and/or all other College activities or privileges for which the student might otherwise be eligible, as the Dean of Students may determine to be appropriate. An interim measure may also involve changes to academic and extracurricular activities, housing, transportation, dining, and/or working situations as appropriate.
The no contact directive, specific to a person(s) and/or location, prohibits a student from having direct or indirect communication or contact with a specified person(s) including, but not limited to, in person communication, electronic communication, mail, and/or third-party communication. The interim suspension of privileges or no contact directive is an administrative action and does not replace the regular student discipline process, which shall proceed on the normal schedule, if required. The interim suspension of privileges and/or no contact directive shall remain in effect until the Dean of Students, or designee, determines that the reason for imposing the suspension of privileges or no contact directive no longer exists or the proceeding concludes which will determine what, if any, sanctions will be imposed.
J. Appeals
Students who have violated the Code of Conduct, as determined by the AHO, may appeal the decision and/or the imposed sanction within (5) business days from the date that the Outcome Letter is sent. If the student does not submit an appeal within the prescribed time, the sanction(s) will be applied, no appeal will be considered, and the matter will be concluded.
The purpose of the appeal is not to rehear the underlying student discipline case. The sole purpose of an appeal is to determine if there is, in the first instance, sufficient information based on the written record before the Appeal Officer to establish its jurisdiction to consider and decide the appeal and, if so, thereafter, to determine whether the information submitted by the student states sufficient grounds (see below) to grant the appeal and take any of the actions described below.
Only one appeal is permitted. Such appeals shall be submitted in writing, signed by the student, and shall be delivered to the Dean of Students, or designee. The appeal may only be authored, signed, and submitted by the student and shall consist of:
Grounds for Appeal - An appeal must be based on one or more of the following grounds or it will not be accepted and considered:
1. Procedural Error: A process or procedural error was made that was significantly prejudicial to the outcome of the hearing as it affects the student appealing.
2. New Information: New information that was not available or known to the student appealing at the time of the hearing has arisen which, when considered, may materially alter the outcome. NOTE: Information that the appealing student chose not to present at the time of the hearing is not considered new information.
3. Sanctions: The severity of the sanction imposed was not appropriate based on the section of the Code or other College policy which the student was found to have violated.
For AHO Appeals, the Dean of Students, or designee will serve as the Appeal Officer.
The Appeal Officer will not meet with the students or re-hear the case. The Appeal Officer will consider the merits of an appeal on the basis of the information provided in the Appeal Request form, the student’s written statement, the written record of the case, and the student’s entire discipline record.
During the consideration of a request for an appeal, sanctions assessed by the AHO shall not be in effect. However, the Dean of Students, or designee, may impose conditions or continue existing conditions governing the respondent’s continued relationship with the College during the appeal process.
Responses to Request for Appeal - Based on the information provided in the Appeal Request form, the student’s written statement, character testimonies, the written record of the case, and the student’s entire discipline record, the Appeal Officer will:
1. Reject the appeal if it finds the basis for appeal unsubstantiated; or
2. Reject the appeal if it finds that any procedural errors were minor in nature and would not have altered the outcome of the hearing or the sanctions imposed; or
3. Modify the sanction(s) if they are found to be inappropriate; or
4. Remand the case to the original hearing entity for further consideration (which may include but does not require a rehearing of the entire matter) if a procedural error or new information, as defined above, has arisen. In such cases, the same hearing entity who originally heard the case shall reconvene as soon as possible. If the hearing entity is no longer available, the Dean of Students, or designee, will appoint another AHO.
5. Remand the case to a new AHO for further consideration where substantial procedural error is determined to have unfairly influenced the hearing.
6. Alter the decision of the AHO and the associated consequences or sanctions.
The Appeal Officer deliberates in private. The Appeal Officer is required to indicate their decision and identify rationale for that decision via letter. The appeal decision will be communicated to the respondent in writing usually within 5-7 calendar days after a decision has been reached. Decisions rendered by the Appeal Officer are final and not subject to further appeal. Cases sent back to an or other step in the Student Conduct process are not eligible for a second appeal.
Article V: Interpretation and Revision
1. Any question of interpretation or application of the Student Code shall be referred to the Dean of Students, or designee, for final determination.
2. The Student Code shall be reviewed every two (2) years under the direction of the Dean of Students.
Article IV: Record Retention
Discipline records are maintained by the Dean of Students, or designee, and are kept for seven (7) years after the resolution of the incident. After seven years, student discipline records are purged except for circumstances that resulted in a student’s separation from the College. In these cases, the College permanently maintains the records of those students who are expelled, suspended, or separated from the College. Students are responsible for updating directory information, including address, with the Office of the Registrar.
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