Sep 15, 2019  
2019-2020 Undergraduate Catalog 
    
2019-2020 Undergraduate Catalog

Standard of Conduct & Conduct Review Process


 

Champlain College’s Standard of Conduct is adapted from The NCHERM Group Model Developmental Code of Student Conduct and is used here with permission. The Model Developmental Code of Student Conduct can be found at www.ncherm.org.

Scope

Students will be held accountable for policy violations that take place between the time an offer of admission is extended and their graduation, completion of their program, or Champlain’s confirmation of their resignation or dismissal.  Students who have taken a leave of absence or have withdrawn may be held accountable for allegations of misconduct that occurred prior to or during their absence or withdrawal, and a hold may be placed on their ability to re-enroll pending a hearing and/or completion of sanctions. Students who graduate may also be held accountable for allegations of misconduct prior to commencement, and a hold may be placed on their ability to receive their diploma and official transcripts, pending a hearing and/or completion of sanctions. In the event of serious misconduct committed while still enrolled but reported after the accused student has graduated, Champlain College may pursue action under the conduct review process, and should the accused student be found responsible, may revoke the student’s degree.

Potential violations that take place on or near Champlain premises or property or occur at or in connection with a Champlain-related event may be subject to Champlain’s conduct review process. Conduct that 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 also be subject to Champlain’s conduct review process. Accordingly, alleged violations of the Standard of Conduct outlined below may be applied to off-campus conduct.

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.

The scope of the Standard of Conduct extends to online and social media activity, and students may be held accountable for online activity that adversely impacts the educational environment of others or affects the reputation or operation of the College. Behavior that violates this includes, but is not limited to: online harassment, intimidation or threats, and distribution of photos or recordings of another without their consent.

Members of the Champlain community are responsible for the actions of their guests, and therefore may be held accountable for any Standard of Conduct violations committed by visitors.

Student organizations are subject to the Standard of Conduct, and may be charged with violations of Champlain policy and sanctioned accordingly.

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.

While students are enrolled at the College, they must inform the College of any occasion on which they are charged with a criminal offense by local, state, or federal authorities. Failure to do so may itself result in disciplinary action. Students who are charged with a criminal offense are expected to provide the Office of Community Standards with relevant documentation, including affidavits and other evidence, regardless of the status of their legal case. Failure to provide such evidence may result in a hold on the student’s account, which could prevent them from registering for classes, graduating, or obtaining official transcripts.

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 aims 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 Standard of Conduct, which has been designed for the common good of the institution and all of its constituencies, including its neighbors in the community.

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:

  • Intentionally or recklessly causing harm or endangering the health or safety of oneself or another person

  • Physical assault, regardless of whether any parties involved sustain injury

  • Blocking another’s movement or ability to exit a space

  • Refusal to leave another’s room, office, or designated space when requested to do so

  • Threatening or harassing behaviors conducted through any means, including verbally, in writing, or through electronic communication or social media: 

    • Threat: written, verbal, or physical conduct that causes a reasonable expectation of injury to the physical or mental health or safety of any person or damage to property

    • Harassment: behavior that is sufficiently severe, pervasive or objectively offensive so as to interfere with, limit, or deny the ability to participate in or benefit from the College’s educational, residential, or employment programs or activities. Note that this policy applies only to incidents of harassment that are not covered under the Discrimination and Harassment Policy or the Sexual Misconduct, Intimate Partner Violence and Stalking Policy (SMIPVS Policy); Incidents of harassment that are covered by the Discrimination and Harassment Policy or SMIPVS Policy will be investigated and adjudicated as outlined in the appropriate policy and its related processes.

    • Intimidation: implied threats or acts that cause a reasonable fear of harm in another

    • Bullying: repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally

  • Failing to comply with any written or electronically-published College policies, including but not limited to: 

    • Information Systems Policies 

    • Drug & Alcohol Policy 

    • Animal Policy 

    • Fire Safety Policy 

    • Housing & Residential Life Policies 

    • Parking Policy 

  • 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 reasonable directives of College officials or their representatives, including failure to complete assigned sanctions

  • Providing false information or misrepresenting one’s identity to a College official or their representative

  • Possessing or using weapons, ammunition, explosives, flammable substances, or other dangerous devices. Weapons are defined as any object or substance designed or used to inflict a wound, cause injury, or incapacitate, including but not limited to all firearms, airsoft 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, 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 or brandished as a weapon. The use of mace or tear gas will not be a violation of this policy if used solely for self-defense. 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 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

  • Audio- or video-recording, photographing another, or distributing a recording or photograph of another without their consent, particularly when such an act could cause emotional distress

  • Theft of College property or the property of another, including goods and services; knowingly taking or maintaining possession of stolen property

  • Forging or altering documents

  • Tampering with the election of any College-recognized student organization

  • Causing, inciting or participating in any disturbance that presents a clear and present danger to self or others, causes physical harm to others, or damage and/or destruction of property

  • Unauthorized use or misuse of Champlain College organizational names and images

  • Any intentional, adverse or retaliatory action against a participant in the College’s conduct, harassment and discrimination, and/or SMIPVS processes

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.

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

  • Failing to comply with local, state, or federal laws, statutes, or ordinances, regardless of whether prosecution ensues, and regardless of the location of the violation

  • Failing to comply with local, state, and federal alcohol and drug policies 

  • 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

  • Failure to accurately report an arrest by any law enforcement agency to the Office of Community Standards within 24 hours of release

Section 4: I will respect the physical facilities and electronic information systems of the institution.

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

  • Vandalizing College or community property

  • Trespassing or misuse of physical or electronic access privileges

  • Setting off a fire alarm when no fire or similar emergency exists

  • Using a fire extinguisher or other safety device when no emergency exists

  • Tampering with or covering fire safety equipment

  • Creating a fire, safety, or health hazard

  • Unauthorized access to any College building or unauthorized possession, duplication, or use of a means of access to any college building

  • Failing to report a lost College identification or key in a timely manner

  • Theft or unauthorized acquisition, removal or use of property, including computer hardware or software

  • Unauthorized access of an electronic file, account, database, or software program to use, read, change, or transfer information

Conduct Review Process

 

Champlain College places special emphasis on the development of student character and ethical conduct. The conduct review process is initiated when a member of the Champlain College community or an outside agency or individual reports a potential violation to the College. Potential violations of the College’s Standard of Conduct (including certain conduct that may also violate the College’s Academic Honesty policy), will be addressed through this conduct review process. 

Reports of misconduct covered by this Conduct Review Process are referred to the Office of Community Standards, where the incident is 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.

Champlain College utilizes preponderance of evidence for its standard of evidence. A student is found responsible for violating the Standard of Conduct only if the information gathered shows that it is more likely than not that a policy violation occurred.

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

A student who has been charged with violating College policy is entitled to the following rights:

  • A student may choose not to participate in the conduct review process. The College may choose to pursue an investigation, hold a hearing, and issue sanctions regardless of the student’s chosen level of participation, but the student will not be subject to additional charges or sanctions due to their choice to abstain from participation.

  • A student will be given two days’ notice in writing prior to their hearing, although they may choose to waive this right if they wish to complete their hearing sooner.

  • A student has the right to a hearing before an objective decision-maker. Accordingly, reasonable measures will be taken to ensure that no conflict of interest exists between the student and the hearing officer.

  • A student may be accompanied by one advisor of their choosing during a hearing. The advisory role is a non-participatory one, and the advisor may not ask questions of the hearing officer or speak for the student. If an advisor does not comply, they will be asked to leave the hearing room.

This Conduct Review Process does not apply to misconduct that is covered by the College’s Sexual Misconduct, Intimate Partner Violence and Stalking Policy (“SMIPVS Policy”), or to misconduct that would otherwise fall within the general scope of the Conduct Review Process but which reportedly occurred in connection with and/or in the context of an incident or incidents of sexual misconduct, intimate partner violence, or stalking. Such misconduct will be investigated and adjudicated as outlined in the SMIPVS Policy and its related processes.

This Conduct Review Process does not apply to misconduct that is covered by the College’s Discrimination and Harassment Policy, or to misconduct that would otherwise fall within the general scope of the Conduct Review Process but which reportedly occurred in connection with and/or in the context of an incident or incidents of discrimination or harassment. Such misconduct will be investigated and adjudicated as outlined in the Discrimination and Harassment Policy and its related processes.

The College also maintains a separate Bias Response Process. Bias-related behaviors that are not criminal offenses and which fall outside of the SHSMDVS Policy, the Discrimination and Harassment Policy, the Standard of Conduct, and other comparable policies, are treated as bias incidents and will be addressed through the Bias Response Process. However, bias-related behavior will be deemed an aggravating circumstance to any violation of College policy.

SANCTIONS

Sanctions will be proportionate to the severity of the violation(s) and to the cumulative conduct history of the student. Sanctions could include but are not limited to:

  • Disciplinary Warning: A student receives a written warning that College policy has been violated and that further activity of a similar nature may result in more severe College action.

  • Restitution: A student may be required to make financial or other restitution for damages or violations of the Standard of Conduct when deemed appropriate by the College.

  • Fines: Fines may be issued in varying amounts.

  • Behavior Agreement: A student enters into a contract with the College or the Conduct Review Board. The contract stipulates certain behavior required of the student if they are to continue in good standing.

  • Loss of Privileges: A student is required to refrain from participating in a College-sponsored activity or visiting specific residence halls or other campus facilities for a specified amount of time.

  • Referral: A student is required to engage in counseling or a 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. 

  • Suspension or Dismissal from Housing: A student is required to leave College housing either temporarily or permanently.

  • Suspension: A student may be suspended from the College. A suspension means a student no longer has access to any College services and loses the privilege of continuing in online or on-site classes for a defined period. There is a formal process that is outlined in the suspension letter that identifies the steps for return to the College after a suspension. These steps may include additional sanctions, such as educational projects, fines, restitution, community service, and/or referrals. A student will be ineligible to re-enroll until the completion of any assigned additional sanctions.

  • Dismissal: A student is permanently dismissed from the College and is prohibited from participating in any College activity, class or College- sponsored program, and, if applicable, from receiving a degree from the College, regardless of the progression of the student’s accumulation of credits at the time the policy violation is found to have occurred. 

  • Parental Notification: 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.

  • Other sanctions: Additional or alternate sanctions may be imposed as deemed appropriate to the violation.

  • In addition to the sanctions listed above, student organizations may be subject to deactivation, loss of recognition, and loss of privileges for a specified period of time.

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 that would have affected the outcome of the investigation and resolution.

  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

Interim Measures: Champlain College reserves the right to impose interim measures on students pending a hearing in instances where the student’s continued presence may pose a threat to the safety of the Champlain community, campus property, or the reputation of the college. Such measures may include, but are not limited to: removal from campus housing, suspension, removal from classes, no contact orders, and loss of access to College facilities or services.

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 may continue to gather information as it deems appropriate in order 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 Affairs or designee will consider the application and such information as deemed appropriate, and will decide whether the student will be readmitted and, if so, whether any conditions or sanctions 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 a hearing and issue sanctions without the student present or participating in the investigation.

Financial Obligations: Students are not eligible for refunds if they are suspended or dismissed from Champlain College, removed from housing, or are subject to loss of any other privileges due to violations of the Standard of Conduct.

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.