Student Code of Conduct & Conduct Review Process

Philosophy and Introduction

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

This Student Code of Conduct has been developed so that community members will know what the College expects of members and, in turn, what members can expect from the College. It aims to balance individual needs with the needs of the College without limiting individual freedom of choice. In choosing to attend Champlain College, students choose to abide by our Student Code of Conduct, which has been designed for the common good of the institution and all of its members, including its neighbors in the community.

The Student Code of Conduct assumes that reasonable people, given adequate information and freedom to decide, can and will make judgments in the best interests of the community. The goal of the Conduct Review Process process is to teach the student why the behavior displayed is unacceptable. As such, sanctioning is also designed to be both educational, restorative, and corrective in nature.

4 Standards Guiding the Community Standards of Champlain College

Four standards guide the Student Code of Conduct and all members of the Champlain College community. As an educational institution, it is hoped that all community members strive towards the achievement of the following guiding standards, as a hallmark of the Champlain community. These standards form the foundation that the Student Code of Conduct is built upon and every member of the Champlain community is expected to exhibit:

• respect for all students, faculty, and staff including the surrounding community and neighborhood;

• respect for Champlain’s academic mission and integrity;

• respect of and compliance with local, state, and Federal laws;

• respect for Champlain’s physical spaces and electronic information systems.

Champlain College takes its responsibility seriously to help create and maintain a community that safely supports community members in their academic, social, and personal endeavors.

Jurisdiction

Students

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.

The College reserves the right to address potential violations that occur on College property, at or in connection with College-related events, and conduct that occurs off-campus. The College may also address online and social media activity that potentially violates College policy, adversely impacts the educational environment of others, or affects the reputation or operation of the College.

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

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.

Champlain College Online students

Champlain College Online students are also subject to the Student Code of Conduct and may be charged with alleged violations of College policy and adjudicated accordingly.

Student Organizations

Student organizations are also subject to the Student Code of Conduct and may be charged with alleged violations of College policy and adjudicated accordingly.

Student Code of Conduct & Conduct Review Process

Champlain College strives to create a physical and intellectual environment in which students have the freedom to grow, are challenged to realize their full potential, and are guided with insight and understanding toward preparation for roles in their professions, their communities, and in the world as global citizens.

The Student Code of Conduct has been developed so that students will know what the College expects of them and, in turn, what students 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, students actively choose to conform to the Student Code of Conduct, which has been designed for the common good of the institution and all of its constituencies, including its neighbors in the community.

Authority of Champlain College’s Conduct Review Process

The responsibility for the College’s Community Standards system lies with the following individuals:

The Dean of Students, under the direction of the Vice President for Student Affairs has ultimate authority over the College Conduct Review process, including interpretation of policies, the system’s procedures, and approval of changes to the Student Code of Conduct.

The Director of Community Standards is the professional staff member responsible and is charged with providing comprehensive leadership, management, and vision for the Office of Community Standards. They set the tone and direction for the Office and develop the conduct codes, adjudication process, related procedures, and training. The Director of Community Standards is responsible for the overall coordination of the processes used to administer the Student Code of Conduct, including interpretations of policy and procedure.

Hearing Officers are individuals who, through their job responsibility or authorization by the Director of Community Standards, initiate action on alleged violations of the Student Code of Conduct. The Hearing Officer may hear or otherwise resolve student misconduct.

Definitions

Alleged: Any student, organization, club, or team accused of violating the Student Code of Conduct.

Advisor: A person who serves as a support person through a hearing process.

Complainant: The person(s) who initiates a complaint by alleging that a student(s) violated the Student Code of Conduct. Champlain College can also be a Complainant.

Hearing Officer: A College official who is authorized to determine the appropriate resolution of an alleged violation of the Student Code of Conduct, and/or to impose sanctions or affect other remedies as appropriate. A Hearing Officer is vested with the authority to, among other duties: investigate a complaint of an alleged violation of the Student Code of Conduct, decline to pursue a complaint, refer identified parties to mediation or other appropriate resolution options, and establish alleged charges against a student(s).

Preponderance of the evidence: also known as “more likely than not”, this is the standard of evidence the College will use to determine if a violation of the Student Code of Conduct occurred.

Policy: The written regulations, standards, and community standards expectation adopted by Champlain College and found in, but not limited to the College Catalog, the Housing and Residential Life guidelines, and other publicized College notices.

Student: Any person who is registered for courses at the College. Individuals no longer enrolled for a particular semester, but maintaining a continuing relationship with the College (for example, on an approved leave of absence), are considered students. Individuals enrolled in undergraduate, graduate, and certificate courses are considered students.

Student organization: Any two or more student(s) in an organization (recognized or unrecognized), this includes but is not limited to groups recognized by SGA, those seeking and securing funding through SGA, unrecognized groups operating without SGA funding, student clubs, teams, varsity teams, and Esports. For the purposes of this policy, student organizations is used as an umbrella term encompassing all of these student groups, whether recognized or unrecognized. .

Disciplinary Standing: The Office of Community Standards is often asked to share information regarding a student’s disciplinary standing for various campus leadership positions and opportunities. The Office of Community Standards shares whether or not a student is in “good disciplinary standing” meaning a student is not currently on Disciplinary Probation or a higher disciplinary status at the College. While the Office of Community Standards shares this information, it is the determination of the specific College office whether or not a student’s disciplinary standing factors into their hiring practices or educational opportunities. Inquiries about criteria for specific student opportunities should be directed to the corresponding College office or staff.

Medical Amnesty & Good Samaritan Program

In the interest of protecting Champlain College students from serious injury due to impairment caused by alcohol or drugs, students should be aware that in ALL cases where safety is at risk, the proper agencies must be contacted for assistance. These agencies include Champlain College Campus Public Safety (802-865-6465), local police or emergency services (911) or a member of the Housing and Residential Life staff (student RA or other Housing & Residential Life professional).

It is our belief that we all have a responsibility to help those in need by seeking the proper medical assistance when necessary. This policy hopes to promote all members of the Champlain College community in seeking out help for themselves or others when assistance is needed for the safety, security, and health of others. If a student is experiencing an emergency, we want their friends and peers to worry about nothing except getting them help. 

The program is twofold, applying to both the student experiencing the emergency (Medical Amnesty) and the person(s) who make the call to get them help (Good Samaritan). 

This program has the potential to remove formal College disciplinary action, but may still include educational components.This resolution is available for isolated incidents and does not excuse or protect those who repeatedly violate the Champlain College’s Alcohol, Cannabis, and other Drug Policy. It is our belief that we all have a responsibility to help those in need by seeking the proper medical assistance when necessary.

Community Standards Expectations & Responsibilities

As members of the Champlain College community, students and student organizations are expected to know and abide by the Student Code of Conduct. Champlain has identified the behavioral expectations and standards it has for its students. Students who fail to do so may be referred to the College’s Conduct Review process.

Community standards proceedings may be instituted against a student and/or student organization that is subject to prosecution for violation of law in any judicial venue without regard to the timeline or outcome of the judicial proceedings, when the alleged conduct is also a violation of the Champlain College Student Code of Conduct.

Student Expectations

Each Champlain student who has been charged with an alleged violation of College policy can expect:

• Written notification of alleged violation of College policy within a reasonable period of time from the College’s receipt of a complaint or incident report;

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

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

• The opportunity to request to reschedule a hearing date, due to academic or other reasonable conflicts. Requests may be granted at the discretion of the Hearing Officer and/or Office of Community Standards.

• The opportunity to coordinate with the Office of Accessibility to request any accommodations or adjustments needed to participate in the community standards process in an equitable manner.;

• The opportunity to be accompanied by one advisor of a student’s 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;

• The Hearing Officer to make reasonable efforts to issue a decision letter within 10-15 business days after the conclusion of the hearings pertinent to the case.;

• Students have the right to appeal responsible findings made as a result of the community standards process.

Student Responsibilities

Each Champlain student has the responsibility:

• To review and abide by the Student Code of Conduct and College policies and procedures, both academic and otherwise;

• For all events, items, and/or behaviors that occur in their room, suite, or apartment, if they live in College housing;

• To address concerns with their peers, set mutually acceptable expectations, and uphold the expectations of the College;

• To leave their College housing and contact College officials if they’re uncomfortable with behavior occurring in their College housing, if not possible to address concerns with their peers;

• To monitor their College email address and respond to Champlain notifications sent directly to the student;

• To represent the College appropriately, both on and off-campus;

• To respect the differences of individuals and treat others in a civil and respectful manner;

• To carry their College ID with them at all times and present it to College officials when reasonably requested to do so;

• To honor their fiscal responsibilities to the College.

Residential Student Responsibilities

Residential students are responsible for all events, items, and/or behaviors that occur within their room, suite, or apartment. If a residential student is uncomfortable with what is taking place in their residence (e.g., drinking, drug use, noise, too many guests, etc.), the College expects students to address concerns with their peers, to set expectations that are mutually acceptable, and to uphold the expectations of the College. If this is not possible, the student is obligated to leave their residence, to contact a member of the Housing & Residential Life team, and/or call Campus Public Safety.

Conduct Review Process

Champlain College emphasizes the development of student character and ethical conduct. The conduct review process is initiated when the College receives information regarding an alleged violation of College policy, including the Student Code of Conduct. Alleged violations of the College’s Student Code of Conduct (including certain conduct that may also violate the College’s Academic Honesty policy), will be addressed through this conduct review process. 

Reports of misconduct covered by this Conduct Review Process are referred to the Office of Community Standards, where the incident is reviewed for alleged violations of College policy. These alleged policy violations become the charges that will be brought by the College against the Responding Party through the Conduct Review Process. In certain circumstances, a student or student organization may be suspended on an interim basis or subject to other interim measures prior to a hearing. More information about Interim Measures can be reviewed in that section of the Conduct Review Process. Pertinent details are collected and statements of fact are recorded to the extent practicable and necessary in an effort to deal objectively with the issue. Conduct review process cases are adjudicated by Hearing Officers, who are professional staff members specifically trained and appointed by the College for this role.

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

This Conduct Review Process does not apply to misconduct that is covered by a more specific College policy. For example, conduct that is prohibited by either the College’s Sexual Misconduct Policy, Discrimination and Harassment Policy, or Bias Response Policy will be investigated and addressed as stated in each of those policies.

Interim Measures

Champlain College reserves the right to impose interim measures on students and student organizations pending a hearing in instances where a threat to the safety of the Champlain community, campus property, or the reputation of the College may exist. Such measures may include, but are not limited to: 

• No contact orders;

• Interim loss of access to College facilities or services;

• Interim removal from campus housing;

• Interim removal from class;

• Interim suspension. 

Letter of Expectation

Letter of Expectation

Electronic letters of expectation may be sent to Responding Parties to address quiet hours concerns, health and safety issues, or additional violations. These letters are noted in a Responding Party’s community standards record and may be used in determining appropriate sanctions for future violations.

If a Responding Party would like to discuss this letter they must contact the College official who sent the letter within five business days of receiving the letter.  Otherwise, the matter will be considered resolved.

Community Standards Hearing

Responding Parties accused of violating College policy will be scheduled to participate in the community standards process. An administrative hearing will be led by a Hearing Officer and all students alleged to be involved in violation(s) of College policy. Using the preponderance of the evidence standard, the Hearing Officer will determine whether it is more likely than not that the Responding Parties have been found in violation of the alleged policy violations.

The Hearing Office will contact students via their College-issued email address, with the following information:

• The alleged violation(s) of College policy the Responding Party is suspected of violating;

• A date, time, and location of the scheduled hearing with the Hearing Officer;

• Information on seeking accommodations within the community standards process through the Office of Accessibility;

• The contact information for the Hearing Officer to answer questions.

At the conclusion of the administrative hearing process, the Hearing Officer will make individual findings of responsibility for each Responding Party and each alleged policy violation. Once a decision on responsibility has been made, the Hearing Officer will determine appropriate sanctions, if applicable. A list of possible sanctions is listed below under the Sanctions segment of this policy.

Once the finding of responsibility and associated sanction(s) (if applicable) have been determined, the Hearing Officer will contact each Responding Party in writing via email with the following information:

• The finding of responsibility for each alleged violation of College policy;

• The Hearing Officer’s rationale for the finding of responsibility;

• A description of any associated sanction(s), if applicable;

• Information about the appeal process;

• The contact information for the Hearing Officer.

Once a Responding Party receives their hearing outcome, the matter is considered closed pending the completion of any assigned sanction(s) or pending the submission of an appeal of a community standards decision.

Suspension Level Violations

Alleged commission of the following violations may result in interim suspension. Being found responsible for violating these policies may result in Disciplinary Suspension or Dismissal from the College.

Note that the following list is not exhaustive:

• Repeated pattern of alcohol, cannabis, or other drug use;

• Distribution or evidence of intent to distribute alcohol, cannabis, or other drugs;

• Possession or Misuse of Weapons;

• Instigating a riot or other disruption as described in the Safe Campus Demonstrations Policy;

• Arson, attempted arson, causing a false fire alarm, tampering with fire safety and/or life safety equipment;

• Physical assault, threatening behavior, violation of the Dangerous & Disruptive Policy;

• Sexual Misconduct as outlined in the Sexual Misconduct Policy;

• Committing or planning to commit discrimination or harassment;

• Committing or planning to commit hazing;

• Repeated violations of College policy.

Advisors

The advisor in a community standards process may be any one of the Responding Party’s choosing. Advisors are not permitted to speak during the community standards proceeding, though they may confer and speak privately to the Responding Party.

Serving as an advisor during a sexual misconduct hearing is different from service as an advisor during other hearings. Please see the Sex Discrimination and Sexual Misconduct Policy for more information.

When selecting an advisor, students should remember that the advisor may not be fully aware of the community standards process and is probably not an expert in conduct proceedings. All advisors are expected to review the Student Code of Conduct and abide by College policies throughout the process.

The advisor can assist the Responding Party with the following:

• Reviewing and understanding the alleged violation(s) and community standards process;

• Prepare the Responding Party to share their perspective of what occurred in an alleged incident;

• Think of questions to ask during a hearing;

• Take notes during a hearing;

• Help keep the Responding Party calm and in control during a hearing;

• Provide moral support to the Responding Party prior to, during, and after the proceedings.

College Sanctions

Student(s) or a student organization(s) found responsible for violating the Student Code of Conduct will be sanctioned based on the specific violation(s), the severity of the violation(s), and the cumulative conduct history of the student(s) or student organization(s). 

The College reserves the right to issue interim measures when deemed necessary to address reported behavior(s) pending a hearing. Further information about interim measures can be found in that section of this Policy.

The following is a list of sanctions that may be imposed on a student(s) for violations of College policy. These sanctions include, but are not limited to, the following:

• Completion of an Educational Program: A student is required to complete a class or project, or offer an educational program to other students.

• 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.

• Parental Notification: Champlain may contact a student’s parent or guardian to inform them of the student’s involvement in the community standards process, the finding of responsibility, and associated sanctions (if applicable). Parental notification commonly occurs when students have been found responsible for violating the College’s Alcohol, Cannabis and other Drug Policy, when a sanction of Disciplinary Probation or higher has been assigned, or for other conduct where parental/guardian notice is deemed to be appropriate. 

• Referral: A student referred to a College employee, College office, or outside agency specializing in the assessment and/or evaluation of behavior may be required as a condition of any sanctions listed above.

• Restitution: A student may be required to make financial or other restitution for damages or violations of the Student Code of Conduct when deemed appropriate by the College. An apology may also be considered as a form of restitution assigned by the College.

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

• Residential Probation: A status that may be imposed on a student for behavior that indicates unwillingness or inability to accommodate the regular demands of residential living. Further violations of College policy may result in more serious disciplinary action, potentially including dismissal from a residence hall. A student on Residential Probation is considered “not in good standing” by the Office of Community Standards and Champlain College.

• Disciplinary Probation: A status that may be imposed for behavior that indicates severe or repeated violations of College policy. This sanction specifics a period of probation. Further violations of College policy may result in more serious disciplinary action, potentially including dismissal from a residence hall and/or suspension and/or dismissal from Champlain College. A student on Disciplinary Probation is considered “not in good standing” by the Office of Community Standards and Champlain College. 

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

• Disciplinary Suspension: A student may be suspended from the College meaning they no longer have access to any College services and lose the privilege of continuing in online or on-site classes for a defined period. 

• 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. 

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

Sanctioning for Student Organizations, Student Clubs, and Varsity Sports

The following is a list of sanctions that may be imposed on student organizations, student clubs, and varsity sports for violations of College policy. These sanctions include, but are not limited to, the following:

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

• Disciplinary Probation: A status that may be imposed for behavior that indicates severe or repeated violations of College policy. This sanction specifics a period of probation. Further violations of College policy may result in more serious disciplinary action, potentially including deactivation, loss of recognition, loss of funding, and loss of other privileges for a specified period.

• Loss of College Privileges and Services: Loss of College privileges and services includes, but is not limited to, loss of space reservation privileges, the loss of the ability to recruit new members, and the ability to receive and/or retain College funds.

• Loss of Recognition: a designated period of time where a student organization loses recognition by the College and access to all College services. A student organization who has lost recognition must cease all organizational activities. Any attempts to operate the organization without recognition may result in additional disciplinary action for the organization and individual students. 

• Deactivation: the permanent loss of recognition as a student organization by the College. A student organization that has had its recognition withdrawn must cease all organizational activities. Additionally, members of the student organization must delete the organization’s social media presence. The name of the organization and all symbols associated with Champlain’s chapter shall be removed from all College property, including websites. Any attempts to operate the organization without recognition may result in additional disciplinary actions for the organization and involved students.

Learning and Engagement for Student Organizations, Student Clubs, and Varsity Sports

Educational sanctions provide the opportunity to review College expectations, understand how behavior can contribute to a positive and beneficial College experience, and learn about campus resources which support academic and co-curricular success.

This may include, but is not limited to, the following:

• Membership review.

• Risk management training.

• Hazing program/training/presentation.

• Educational program - the organization is to host an educational program on a topic assigned by the Office of Student Engagement and/or Office of Community Standards. The program can be open to the entire College community, if deemed appropriate.

• Mandatory follow-up - meetings between administrators from the Office of Student Engagement and/or Office of Community Standards and organizational leadership.

• Educational presentation from a Champlain College administrator to the organization’s members.

Appeal Process

Students have the right to appeal findings of responsibility made by their Hearing Officer. All appeals must be made in writing, written and submitted by the involved student, and must specify upon which grounds (found below) they are submitting their appeal. An appeal must be received within three (3) 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.

2. There is new information that was not reasonably available during the investigation and resolution process that would have affected the outcome.

3. The Hearing Officer, investigator, or decision-maker had a conflict of interest or actual bias for or against one of the parties that materially affected the outcome.

4. 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 in the appeal. The student appealing carries the burden of proof to demonstrate that their stated appeal ground(s) have been met. Appeal Officers will endeavor to review and decide a submitted appeal as quickly as possible.

Submitting an appeal

All requests for appeal must be submitted within (3) business days after the student has been informed of the decision following the appeal process outlined by the Office of Community Standards in the student’s resolution letter. This information is also available on the Office of Community Standards website. Once the appeal process concludes, the case is closed and the appeal decision is final.

Possible Outcomes of An Appeal

An Appellate Officer will make one of the following decisions after carefully reviewing an appeal:

1. Original hearing outcome will stand;

2. Original hearing outcome will stand but the Appellate Officer will adjust the sanction(s), as appropriate.  Sanctions will never be heightened upon appeal;

3. The case may be returned to the original hearing officer, or a new one, to allow for reconsideration of the original finding.

Additional Provisions

Withdrawal from the Institution with Charge(s) Pending

If a student makes the decision to withdraw from Champlain College after a student has received notice of alleged violations of College policy, but before findings and a determination of responsibility are made, the College may 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 Student Code of Conduct.

Records Retention

All incidents and sanctions are documented and will remain in a student’s community standards file. All files will be maintained in accordance with the College’s record retention policy.