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    Champlain College
   
 
  Dec 15, 2017
 
 
    
2017-2018 Undergraduate College Catalog

Standard of Conduct & Conduct Review Process


 

Scope

Students will be held accountable for policy violations that take place between the time they first arrive on campus to begin their Champlain program and their graduation, or completion of their program, or Champlain’s confirmation of their resignation or dismissal. Conduct that takes place on or near Champlain premises or property; occurs at or in connection with a Champlain-related event; or occurs off-campus but may represent a threat to the safety of the Champlain community or its members, the pursuit of its objectives, and/or the educational environment of others, may be subject to Champlain’s conduct review process. In cases where a student is found responsible for a policy violation while participating in any Champlain program, the finding of responsibility may also be referred to the appropriate authority overseeing any additional Champlain program in which the student is or will also be enrolled for other action as deemed appropriate. This may include but is not limited to: further investigation; additional adjudication under existing policies (using only information gathered in the first disciplinary process, or using subsequently gathered information, or both, as deemed appropriate by the overseeing authority); disciplinary action; or other remedies or processes deemed appropriate by the authority overseeing the additional Champlain program.

The College’s Community Standards and Conduct Review Process applies to all members of the Champlain community and to all areas owned or leased by the College, as well as to any location where you are engaged in a College activity. The College reserves the right to take disciplinary action against Champlain College students who are involved in any off-campus incidents of criminal activity or otherwise inappropriate non-criminal behavior, particularly when such incidents have implications for campus safety or affect the reputation or operation of the College.

While students are enrolled at the College, they must inform the College of any occasion on which they are charged with a felony by state or federal authorities. Failure to do so may itself result in disciplinary action.

Standard of Conduct

Champlain College strives to create a physical and intellectual environment in which you have the freedom to grow, are challenged to realize your full potential, and are guided with insight and understanding toward preparation for your roles in your profession, in your community and in the world as a global citizen.

This Standard of Conduct has been developed so that you will know what the College expects of you and, in turn, what you can expect from the College. It is an attempt to balance individual needs with the needs of the College without limiting individual freedom of choice. At the same time, freedom of choice implies acceptance of full responsibility for one’s actions. Thus, in choosing to attend Champlain College, you choose to conform to our Community Standards, which has been designed for the common good of the institution and all of its constituencies, including its neighbors in the community.

Violations of the College’s Standard of Conduct may result in a range of sanctions, which could include, but are not limited to suspension or dismissal from the College. In addition, the College reserves the right to dismiss a student or remove a student from campus without prior warning or use of disciplinary procedures described in this and/or other College policies if, in the judgment of the College, the student’s behavior poses a serious threat to the reputation or welfare of the College and/or its students, faculty or staff.  See Conduct Review Process for a more detailed explanation.

Standard of Conduct

Section 1: I will respect all students, faculty and staff, as well as our surrounding community and neighborhood.

Behaviors that are inconsistent with this standard include, but are not limited to, the following:

  • Threatening or posing a threat to the health, safety or welfare of oneself or another;
  • Harassing, intimidating bullying or abusing others, verbally, in writing or through electronic communication;
  • Failing to comply with College policies;
  • Disturbing the peace or creating undue noise;
  • Disrupting the lawful and orderly activities of others; exhibiting disruptive or disrespectful behavior in any College facility, classroom (on-campus or online), laboratory, or online environment or the surrounding neighborhood;
  • Failing to comply with the instructions of College officials or their representatives (this includes misrepresenting one’s identity ;)
  • Possessing or using weapons, ammunition, explosives, flammable substances, or other dangerous devices. (“Weapons” means any object or substance designed or used to inflict a wound, cause injury or incapacitate, including but not limited to all firearms, air soft guns, pellet guns, air pistols, air rifles; any dirk, bowie knife, switchblade knife, ballistic knife or any other knife having a blade of three or more inches; black jacks, metal knuckles [aka: brass knuckles], nunchaku [aka: nun chucks], fireworks, explosives and biological agents. Realistic replicas and facsimiles of weapons are also considered weapons and are therefore prohibited. The use of implements or substances not commonly used as a weapon or not expressly prohibited by this section may be a violation of this policy if used as a weapon. The use of mace or tear gas will not be a violation of this policy if used solely for self-defense.) Exception: Due to their realistic likeness to weapons and potential for causing community alarm, possession or use of toy or replica weapons in a College-sanctioned activity or academic program must be approved in advance by the Campus Public Safety.  Exceptions can be granted only by the Campus Public Safety Office or on-duty police officers on campus in an official capacity.

Section 2: I will respect the academic mission and integrity of the institution.

Behaviors that are inconsistent with this standard include, but are not limited to, the following:

  • Using the intellectual or artistic work of another without appropriate acknowledgment. Students are responsible for learning how to avoid plagiarism, including appropriate documentation of sources and copyright issues associated with print and electronic media;
  • Attempting to deceive a faculty member in preparation of papers, reports, homework assignments, and other written or oral exercises, or participating with another in attempting to deceive a faculty member;
  • Cheating on exams or tests by giving, receiving or using unauthorized help;
  • Gaining access or attempting to gain access to quiz, test or examination materials prior to or in a context other than their distribution by the instructor;
  • Falsifying academic records or giving false information to be entered on an academic record;
  • Tampering with administrative records or giving false information to be used in an administrative capacity;
  • Tampering with or illegally copying software or copying others’ computer programs;
  • Stealing cash or merchandise, falsifying time cards or otherwise defrauding an employer during an internship, field experience or work-study placement;
  • Engaging in disruptive behavior that interferes with the learning of others;
  • Misusing technology by accessing inappropriate or illegal materials, or by interfering with the network in any way that affects others at the College.

NOTE: Students may be subject to sanctions under the College’s Conduct Review Process for conduct that violates the standard described in section 2 above, and may also be subject to additional sanctions under the College’s Academic Honesty Policy if such conduct also violates that policy. The College may choose to use one, either or both processes to address such conduct, at its discretion.

Section 3: I will respect and comply with local, state and federal laws, statutes and ordinances.

Compliance with College regulations does not in any way exempt students from adhering to local ordinances or state or federal statutes. In fact, violation of these laws represents a violation of Champlain College regulations regardless of whether prosecution ensues. Behaviors that are inconsistent with this standard include, but are not limited to, the following:

  • Failing to comply with College, state and federal alcohol and drug policies (the College policy is described fully in the section titled Drug & Alcohol Policy;)
  • Possessing or using weapons, ammunition, explosives, flammable substances, or other dangerous devices in violation of any law or ordinance;
  • Being charged with or convicted of a crime. If, after acceptance of enrollment, it comes to the attention of the College that a student has been charged with or convicted of a crime, the offer of admission or the privilege of attending Champlain College may be revoked.

Section 4: I will respect the physical facilities of the institution.

Behaviors that are inconsistent with this standard include, but are not limited to, the following:

  • Vandalizing College or community property;
  • Trespassing;
  • Setting off a fire alarm when no fire or similar emergency exists;
  • Using a fire extinguisher or other safety device when no emergency exists;
  • Creating a fire, safety or health hazard;
  • Duplicating keys or developing other ways to gain access to restricted areas, information or goods;
  • Theft or unauthorized acquisition, removal or use of property, including computer hardware or software.
  • Violation of the College’s parking policies.

Conduct Review Process

Champlain College places special emphasis on the development of student character, personality and ethical conduct. The conduct review process is initiated when a member of the Champlain College community or an outside agency brings a problem to the attention of the College. Potential violations of the College’s Code of Conduct (including certain conduct that may also violate the College’s Academic Honesty policy), and disputes regarding the College’s initiation of involuntary withdrawals that are for more than a temporary period, may be addressed through this conduct review process. This Conduct Review Process does not apply to misconduct that is covered by the College’s Sexual  Misconduct, Intimate Partner Violence and Stalking Policy, the College’s Discrimination and Harassment Policy, its Complaint Procedure and Investigation Procedures, and/or to misconduct that would otherwise fall within the general scope of the Conduct Review Process but which reportedly occurred in connection with and/or in the context of an incident or incidents of discrimination, harassment, sexual harassment, sexual misconduct, domestic violence, dating violence or stalking; such misconduct is covered under those Special Provisions, policy and procedure and investigation procedures, and will be investigated and adjudicated as provided therein. 

Reports of misconduct covered by this Conduct Review Process are referred to the Office of Community Standards, where the incident is investigated. Pertinent details are collected and statements of fact are recorded to the extent practicable and necessary in an effort to deal objectively with the issue. Conduct review process cases may be heard by a hearing officer or may be referred to the Student Conduct Review Board; the Office of Community Standards decides in its discretion whether a case will be heard by a hearing officer or the Student Conduct Review Board.

Student Conduct Review Boards are made up of trained faculty, staff and student volunteers who hear cases referred to them by the Office of Community Standards or, in cases of violations of the Academic Honesty Policy, the Provost’s Office. The Student Conduct Review Board will be convened at the discretion of the Office of Community Standards. When the hearing is completed, the Office of Community Standards will issue appropriate sanctions and meet with the student to share the sanctions.

All incidents and sanctions are documented and will remain in a student’s conduct file.

Sanctions could include but are not limited to those described in the list below:

  • Disciplinary Warning: A student receives a verbal or written warning that College policy has been violated and that further activity of a similar nature may result in more severe College action.
  • Restitution: A student may be required to make financial or other restitution for damages or violations of the Code of Conduct when deemed appropriate by the College.
  • Fines: Fines may be issued in varying amounts.
  • Behavior Contract: A student enters into a contract with the Student Life Office or the Conduct Review Board. The contract stipulates certain behavior required of the student if he or she is to continue in good standing.
  • Loss of Privileges: A student is required to refrain from participating in a College-sponsored activity or visiting specific residence halls for a specified amount of time.
  • Referral: A student is required to engage in counseling or similar referral for a specified period.
  • Completion of an Educational Program: A student is required to complete a class or project, or offer an educational program to other students.
  • Disciplinary Probation: A student receives a written warning describing the severity of the action. Further violations of College policy may result in stricter steps, usually dismissal from a residence hall or from the College. The warning specifies a period of probation as well as any required consultation that is deemed appropriate.
  • Suspension or Dismissal from Housing: A student is required to leave College housing either temporarily or permanently.
  • Interim Suspension; student is suspended until the investigation is complete. Student may not have access to housing, loss of privileges of continuing in online or on site classes for a defined period.
  • Suspension: A student may be suspended from the College. A suspension means a student no longer has access to any College services and loses the privilege of continuing in online or on-site classes for a defined period. There is formal process that is outlined in the suspension letter that identifies the step for return to the College after a suspension.
  • Dismissal: A student is permanently dismissed from the College and is prohibited from participating in any College activity, class or College- sponsored program, and, if applicable, from receiving a degree from the College, regardless of the progression of the student’s accumulation of credits at the time the policy violation is found to have occurred. Parental Notification: The College maintains the right to contact a student’s parent(s), guardian(s) or family in accordance with FERPA regulations. Parental notification happens for violations of the College’s Drug and Alcohol Policy.

Appeal Process

Students have the right to appeal decisions made by a hearing officer or a Conduct Review Board. All appeals must be made in writing and sent to the Office of Community Standards (communitystandards@champlain.edu), and must specify the reasons for the appeal. An appeal of any decision must be received within five (5) business days after the student has been informed of the decision.

Students may appeal on the grounds that:

1) There was a procedural error that unfairly affected the outcome of the investigation and resolution.

2) There is new information that was not reasonably available during the investigation and resolution process.

3) The sanctions imposed are disproportionate to the nature and severity of the offense and the cumulative conduct history of the respondent.

The role of the Appeal Officer is limited. Appeals are not intended to be a full rehearing of the reported conduct. Appeals are confined to a review of the record on the grounds stated above.  The individual appealing carries the burden of proof to demonstrate that either the alleged procedural error, or the proposed new evidence, would significantly and materially affect the outcome of the proceeding, or that the sanctions imposed are disproportionate to the nature and severity of the offense and the cumulative conduct history of the respondent.

Additional Provisions

Withdrawal from the Institution with Charge Pending: If a student makes the decision to withdraw from Champlain College after a conduct charge is communicated to the student but before findings and a determination of responsibility are made, the College will suspend the disciplinary process at the time of withdrawal.  The College will however gather information as it deems appropriate in order to, for example, better understand what may have occurred, and to facilitate the College’s consideration of the matter if the student seeks readmission at a later time.  The student’s file will reflect that the charge(s) is/are pending and were suspended because of the withdrawal.  If the student subsequently applies for readmission to the College, the Vice President for Student Life or designee will consider the application and such information as s/he deems appropriate, and will decide whether the student will be readmitted and, if so, whether any conditions or sanctions (such as probation or disciplinary or educational sanctions or other conditions) will be imposed upon re-enrollment.  The decision of the Vice President or designee in such cases shall be final.

The College may also decide to hold the hearing and complete the investigation and issue sanctions without the student present or participating in the investigation.

Days

Unless otherwise expressly stated, all references in this procedure to “days” are business days, excluding holidays when the College is closed. Any deadline that falls on a weekend or other day when the College is closed shall be extended to the next business day.