Student Code of Conduct

A. General Principles

The Barnard College Code of Conduct (Student Code) is a guide for all members of the college community to the expectations regarding conduct within the community. The Student Code holds students of and visitors^[1] to the Barnard Community to a high standard of behavior, both to protect the campus community, and to promote consideration and respect for individuals of our community in support of the mission of the College.  This document also includes descriptions of the individuals/ bodies charged with responding to alleged breaches of these regulations (specifically the Honor Board and Student Conduct Administrators), including the composition, responsibilities, and procedures.

The following rights and expectations apply to all Barnard students:

You have the right to freedom of inquiry, and you are expected to know and adhere to the Honor Code, the Student Code of Conduct, the Policy Against Discrimination and Harassment, and other College Policies.

You have the right to freedom of expression, and you are expected to exercise regard for the rights and sensitivities of others.

You have the right to freedom of discussion, and you are expected to engage in respectful discourse, accepting others’ rights to diverse opinions.

The Grievance Procedures for Sex and Gender Based Misconduct provide additional rights for students reporting sexual assault, domestic violence, dating violence, or stalking^[2].

Within the framework established in the rules and regulations of this code, an individual is as free as possible to conduct their own academic and non-academic life making decisions in acceptance of responsibility should such choices violate these regulations.

B. Conduct Rules and Regulations

Students are required to engage in responsible social conduct that reflects credit upon the College community and to model good citizenship in any community.  Any student found to have committed or to have attempted to commit the following misconduct is subject to the disciplinary process and sanctions:

1. Violation of the Honor Code.  See the Honor Code webpage for further details of policy and process.
    
2. Acts of dishonesty, not covered within the Honor Code, including but not limited to the following:
   • Furnishing false information to any College official, faculty member, or office.
   • Forgery, alteration, or misuse of any College document, record, or instrument of identification. 
      
3. Conduct which threatens or endangers the health or safety of any person.
   • Physical abuse, threats, intimidation, and/or coercion.
   • Verbal abuse, intimidation, and/or coercion.
   • Written communication, whether hard copy or electronic means (including but not limited to texts, emails, other social media), that includes threats, intimidation, and/or coercion.
      
4. Attempted or actual theft of and/or damage to property of the College, or property of a member of the College community, or other personal or public property, on or off campus.
    
5. Hazing, defined as any reckless or intentional act which endangers the mental or physical health or safety of a student, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization.  This may include the destruction or removal of public or private property, or any act that a reasonable person would find demeaning, uncomfortable, embarrassing, humiliating or ridiculing.  The expressed or implied consent of participants will not be an excuse.  Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this policy.
    
6. Failure to comply with directions of College officials, CARES/ community safety officers, or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
7. Unauthorized possession, duplication or use of keys to any College premises or unauthorized entry to or use of College premises.
    
8. Use or possession of marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by law.  Misuse of prescription medication.  The use of synthetic substances or other items ingested for intoxication effect.  Manufacturing or distribution of marijuana, heroin, narcotics, prescription medication, or other controlled substances.
    
9. Use, possession, manufacturing, or distribution of alcoholic beverages (except as expressly permitted by College regulations), or public intoxication.  Alcoholic beverages may not, in any circumstance, be used, possessed by, or distributed to any person under twenty-one (21) years of age. See full College policy online at http://barnard.edu/policy/aod 
   The health, safety, and welfare of Barnard College students and our community are of primary concern. In addition to making healthy choices, students are encouraged not only to look out for their own health and safety but also for that of their peers. As such, all Barnard students are expected to enlist support from Barnard CARES / Community Safety/CU-EMS in the event of a medical emergency - specifically those involving extreme intoxication or other ill effects related to the use of alcohol or drugs. In a medical emergency, the student who receives medical assistance, the student who reported the medical emergency, others involved, or the group/organization that actively seeks assistance will not be subject to disciplinary action for use or possession of alcohol or other substances.  See the Responsible Community Action Policy.
10. Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on College premises or use of any such item, even if legally possessed, in a manner that harms, threatens or causes fear to others.
     
11. Participating in an on-campus or off-campus demonstration, riot or activity that significantly disrupts the normal operations of the College and/or unreasonably infringes on the rights of other members of the College community; Impeding access/egress to buildings or infringing upon the rights of others to access normal activities within any campus building, area, or program. See also maintenance of public order policy.
     
12. Deliberate obstruction of the free flow of pedestrian or vehicular traffic, or other behavior that infringes upon public safety on College premises or at College sponsored or supervised functions.  Disruption or obstruction of teaching, research, administration, disciplinary proceedings; other College activities, including its public service functions on or off campus; or of other authorized non-College activities when the conduct occurs on College premises, such that others are deprived of access to such scheduled activities.
      
13. Exposing others to conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or coercing another person to breach the peace on College premises or at functions sponsored by, or participated in by, the College or members of the academic community.
     
14. Violation of the Policy Against Discrimination and Harassment.  The Sex and Gender Based Misconduct procedures are utilized to resolve such matters, including but not limited to sexual assault, dating violence, domestic violence and stalking. The Procedures for Discrimination and Harassment are utilized to resolve other discrimination or harassment concerns that fall under the Policy.  These procedures may also be used to address alleged violations of additional policies occurring in conjunction with harassing or discriminatory conduct (e.g. damage to property, conduct which threatens or endangers the health or safety of any person, etc.).
     
15. Violation of Residential Life and Housing Services Policies.
     
16. Violation of the College Posting Policy.
     
17. Violation of any other College or University policy, rule, or regulation published in hard copy or available electronically on the College website.
     
18. Violation of federal, state, or local law.
     
19. Any unauthorized use of electronic or other devices to make an audio or video record of any person while on College premises without his/her prior knowledge, or without his/her knowing and willing consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom; or creating social media communication or profiles using the name or likeness of another.  In general, filming of audio or video on College premises, whether for academic or other purposes, must be approved in advance by the Barnard Office of Communications.
     
20. Theft or other abuse of computer facilities and resources, including but not limited to:
    • Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose. Unauthorized use of another individual’s identification and/or password.
    • Unauthorized transfer of a file.  Use of computing facilities and resources in violation of copyright laws.
    • Use of computing facilities and resources to interfere with the work of another student, faculty member or College Official.  Use that interferes with normal operation of the College computing system.
    • Use of computing facilities and resources to send obscene or abusive messages.
    • Any other violation of the College Computer Use Policy.
       
21. Abuse of the Student Conduct System, including but not limited to:
    • Failure to obey the notice from a Student Conduct Board, Administrator, or other College official to appear for a meeting or hearing as part of the Student Conduct System.
    • Falsification, distortion, or misrepresentation of information before a Student Conduct Board or College official.  This includes providing a false report that leads to a conduct process or investigation.
    • Disruption or interference with the orderly conduct of a Student Conduct Board proceeding.
    • Retaliation or threatening (verbal or physical) and/or intimidation of a member of a Conduct Board prior to, during, and/or after a Student Code of Conduct proceeding.
    • Attempting to interfere with an individual’s proper participation in, or use of, the student conduct system.  Attempting to influence the impartiality of a member of a Conduct Board prior to, and/or during the course of, the Conduct Board proceeding. 
       
22. Failure to comply with the sanction(s) imposed under the Student Code or Honor System.

C. Student Code of Conduct Authority

1. The Dean of the College or designee, shall determine the composition of any Conduct Boards and determine which Student Conduct Board or Student Conduct Administrator shall be authorized to hear each matter.
2. The Dean of the College shall develop policies for the administration of the student conduct system and oversee development and adherence to procedural rules for the conduct of Conduct Board and Honor Board Hearings that are not inconsistent with provisions of this Student Code.
    
3. Decisions made by a Student Conduct Board and/or Student Conduct Administrator shall be final, pending the available appeal process.

D.  Definitions

1. The term “College” means Barnard College.  The term “University” means Columbia University.
    
2. The term “student” includes all persons taking courses at the College, either full-time or part-time, or as a Columbia University student enrolled in a Barnard course. Persons who withdraw after allegedly violating the Student Code (as defined herein), 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” as are any persons who are living in College residence halls, although not enrolled in this institution. This Student Code of Conduct applies to Barnard students at all academic locations including the Columbia University campus.
    
3. The term “faculty member” means any person hired or utilized by the College to conduct classroom or teaching activities or who is otherwise considered by the College to be a member of its faculty.
    
4. The term “College official” includes any person employed by the College, performing assigned administrative, facilities, or professional responsibilities.  In some cases, graduate level interns or assistants may also be assigned such administrative or professional responsibilities.
    
5. The term “member of the College community” includes any person who is a student, faculty member, College official or any other person employed by the College. A person’s status in a particular situation shall be determined by the Dean of the College or her designee.
    
6. The term “College premises” includes all land, buildings, facilities, and other property in the possession of or owned, leased, used, or controlled by the College (including adjacent streets and sidewalks).
    
7. The term “organization” means any number of persons who have complied with the formal requirements for Barnard College or Columbia University club, organization, or group recognition.
    
8. The terms “Honor Board,” “Student Conduct Board,” or “Conduct Board” means any person or persons authorized by the Dean of the College to determine whether a student has violated the Code and/or to recommend sanctions that may be imposed when a student is found responsible for violation of the Code or College Policy.  The Honor Board is also tasked with oversight of the Honor System (see #14).
    
9. The Associate Director of Community Standards and Investigations ("Associate Director") is that person designated by the Dean of the College to be responsible for the administration of the Code of Student Conduct (“Student Code”).  
10. The term “Student Conduct Administrator” means a College official authorized by the Dean of the College to make determinations or impose sanctions upon any student(s) or organization(s) found to have violated the Student Code.
     
11. The term “shall” is used in the imperative sense.
     
12. The term “may” is used in the permissive sense.
     
13. The term “policy” means the written regulations of the College as found in, but not limited to, the Student Handbook, Student Code of Conduct, Residence Life Handbook, the College web page and computer use policy, and Columbia University Rules of Conduct.  These include, but are not limited to, the following:

• https://barnard.edu/students-roles-and-responsibilities
• Residential Life Policies
• Title IX & Equity
• AOD Policy
• Maintenance of Public Order
• Computing Policies
• Columbia University Rules of Conduct 

1. The “Honor Code” sets expectations related to cheating, plagiarism, and other acts of academic dishonesty.  The “Honor System” refers to the process of educating the community about the Honor Code, as well as investigating and responding to allegations of violation of the Honor Code. 
    
2. Definitions can be found in the Policy Against Discrimination and Harassment (the “Policy”).  That policy covers discrimination and harassment on the basis of a protected classification, including discrimination or harassment of an individual in connection with a stereotyped group characteristic, or because of that person's identification with a particular group.  Such discrimination or harassment includes any conduct, verbal, nonverbal, or physical, on or off campus, that has the effect, because of its severity and/or persistence, of unreasonably interfering with an individual or group's educational or work performance or that creates an intimidating or hostile educational, work, or living environment.  Definitions of domestic violence, dating violence, stalking, sexual assault and consent are found in the Policy.

E. Jurisdiction of the Student Code

The College Student Code of Conduct shall apply to conduct that occurs on College premises, at College sponsored activities, and to off-campus conduct that involves or adversely affects the College Community and/or the pursuit of its objectives.

1. Each student shall be responsible for her conduct from the time of application for admission through the actual awarding of a degree. This includes students who have matriculated to, are currently enrolled in, are on leave from, or have been readmitted (following a dismissal) to programs of the College (and even if their conduct is not discovered until after a degree is awarded).  The Student Code shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending.
    
2. The Dean of the College or her designee shall decide whether the Student Code shall be applied to conduct occurring off campus, on a case by case basis, in her/his sole discretion.  In making the determination to pursue conduct violation that occurred off campus, considerations include but are not limited to:  the seriousness of the alleged offense, the risk of harm involved, whether the victim(s) is a member of the campus community and/or whether the off campus conduct had or could have an adverse effect on the campus community.
    
3. The Policy Against Discrimination and Harassment includes a specific jurisdiction statement given the nature of such behavior.
    
4. A Barnard student is also subject to the rules and procedures of Columbia University or of any school of the University when participating in activities or classes at or sponsored by the University or when on the University campus or property; as well as when participating in a credit bearing program of any other institution, such as study abroad programs.  Similarly, a Columbia student is subject to Barnard rules on the Barnard campus, if alleged to be in violation of Barnard rules, the individual will be subject to the disciplinary procedures of the accused student’s own school.

F.  Student Code of Conduct Process and Procedures

Reports of student conduct concern may be filed through the routine work of  CARES / Community Safety, Residential Life staff, or other College officials.  Any member of the College community may file a report describing potential violations of the Student Code. Such report shall be prepared in writing and directed to the Associate Director of Community Standards and Investigations. Any report should be submitted as soon as possible after the event takes place or is made known, preferably within three days.

1. Incidents reported to have occurred in any Residence Hall will typically be handled through the Residential Life conduct process, though repeat or severe violations may be referred to the Associate Director for Community Investigations (or other conduct officer designated by the Dean of the College).  See Residential Life Policies.  
    
2. The Associate Director (or Dean of the College designee) may conduct an inquiry to gather sufficient information to determine if the report has merit and/or if the report can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the Dean of the College or designee. Such disposition shall be final and there shall be no subsequent proceedings.  If the charges are not admitted and/or cannot be disposed of by mutual consent, the Associate Director may later serve in the same matter as the Student Conduct Board or a member thereof.
   
   If the student admits violating institutional rules, but sanctions are not agreed to, subsequent process, including a Student Conduct hearing if necessary, shall be limited to determining the appropriate sanction(s).
3. Notice of charges shall be presented to the Accused Student in written form, typically via email to the student’s Barnard email account, but may be provided printed in hard copy.  If the case is not resolved in the initial meeting, a time shall be set for a Student Conduct Hearing, not less than three nor more than fifteen calendar days after the student has been notified of allegations.  Maximum time limits for scheduling of Student Conduct Hearings may be extended at the discretion of the Student Conduct Administrator.  A hearing may be scheduled sooner than three days if all parties agree.  Incidents occurring near a semester break may result in a delay in process, but every effort is made for timely resolution and communication of necessary delays.  In some cases, the use of telephone or video conference may be utilized within the process.
    
4. Student Conduct Board Hearings, other than matters relating to the Honor Code or matters covered under the Sex and Gender Based Misconduct or Discrimination and Harassment Procedures, shall be conducted by a Student Conduct Administrator or Student Conduct Board according to the following guidelines:
   • Student Conduct Hearings shall be conducted in private.
   • The Accused Student and her support, if any, shall be allowed to attend the entire portion of a Conduct Meeting or Student Conduct Board Hearing at which information is received (excluding deliberations).  Admission of any other person to the Student Conduct Board Hearing shall be at the discretion of the Student Conduct Board and/or Student Conduct Administrator.
   • In student conduct cases involving more than one Accused Student, the Student Conduct Administrator, in his or her discretion, may permit the Student Conduct Board Hearings concerning each student to be conducted either separately or jointly, though cases most commonly are handled separately.
   • The Accused Student and the Complainant (if applicable) have the right to be assisted by a support person they choose. For matters other than those utilizing the Sex and Gender Based Misconduct procedures, the support person must be a member of the College community, not otherwise involved in the incident, and not a practicing attorney.  In all matters of conduct, the Complainant and/or the Accused Student is responsible for presenting his or her own information, and therefore, the support person is not permitted to speak or to participate directly in any Student Conduct Investigation or Hearing. A student should select a support person whose schedule allows attendance at the scheduled date and time for the Student Conduct Hearing because delays will not normally be allowed due to the scheduling conflicts of a support person.
   • Pertinent records, exhibits, and written statements (including student impact statements) may be accepted as information for consideration by a Student Conduct Board at the discretion of the chairperson and/or the Student Conduct Administrator.  If accepted, impact statements or statements of support are not considered during determination of findings.
   •  All procedural questions are subject to the final decision of the Dean of the College.
   • After the portion of the Student Conduct Hearing concludes in which all pertinent information has been received, the Student Conduct Board shall determine (by majority vote if the Student Conduct Board consists of more than one person) whether the Accused Student has violated each section of the Student Code of Conduct or other policy which the student is alleged to have violated.
   • The Student Conduct Board’s determination shall be made on the basis of whether, based upon the available information, it is more likely than not that the Accused Student violated the Student Code or policy.

   • Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Conduct proceedings.
   • If an Accused Student, with notice, does not appear for or participate in a Student Conduct Hearing, the information in support of the charges shall be presented and considered for decision even if the Accused Student is not present.
   • The Student Conduct Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Accused Student, alleged victim, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of Dean of the College to be appropriate.  If any proceeding is recorded, such recording will be retained through the end of the appeal period, the Accused Student has the right to review such recording prior to the appeal deadline, upon request.

G. Sanctions

One purpose of the student conduct system is that of an educational process, to guide students toward understanding consequences of decision making.  When found responsible for violation of policy, the outcome will include sanction(s) imposed as a consequence of behavior.

1. The following sanctions may be imposed upon any student found to have violated the Code of Student Conduct:
   • Warning—A notice in writing to the student that the student is violating or has violated specified regulation(s) of the Student Code.   Students who receive a warning are reminded of the need to be familiar and comply with all College policies.
   • Educational Sanction or Project—Work assignments, reflective essays, service to the College, or other related discretionary assignment(s).  Educational sanctions are based on an individual assessment of each case, and can reflect both the circumstances of the violation and the individual student(s) involved.
   • Counseling Referral – Required meeting(s) such as Denise LeFrak Foundation Alcohol and Substance Awareness Program (ASAP) assessment or other College provided support, assessment, or counseling services.
   • Probation—A written reprimand for violation of specified regulation(s).  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 College regulation(s) during the probationary period. Probationary status may also preclude a student from participation in events or opportunities that require a student to be in good standing.
   • Loss of Privileges—Denial of specified privileges for a designated period of time.  This may include, but is not limited to, loss of guest or visitation privileges in the residence halls or other specified campus location and ineligibility to run for or removal from office of organization(s).
   • Fines—Established and published fines may be imposed.
   • Restitution—Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary payment for related cleaning, repair or material replacement of College property.
   • Residence Hall Suspension—Separation of the student from the residence halls for a specified period of time, after which the student is eligible to return. Conditions for readmission to residential living may be specified, and may not be guaranteed.
   • College Suspension—Separation of the student from the College with a specified effective date and imposed for a definite period of time, after which the student is eligible to return.  Conditions for readmission may be specified.  Access to campus property, programs, and resources may be restricted during periods of suspension.
   • College Expulsion—Permanent separation of the student from the College, with no eligibility for readmission.  Restrictions on access to campus property, programs, and resources may also be imposed upon expulsion
   • Revocation of Admission and/or Degree—Admission to or a degree awarded from the College may be revoked for fraud, misrepresentation, or other violation of College standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
   • Withholding Degree—The College may withhold awarding a degree otherwise earned until the completion of the process set forth in this Code of Student Conduct, including the completion of all sanctions imposed, if any.
   • Registration Hold – Students who withdraw from the College while conduct violation is pending may have a hold placed on their record requiring resolution of the conduct matter prior to consideration for readmission.
   • Transcript Notation – In some instances, along with suspension or expulsion, or when a student withdraws while a conduct matter subject to suspension or expulsion is not yet resolved, a transcription notation may be made to indicate that a student’s status was a result of a finding of responsibility for violation of the Code of Conduct.
   • No Contact Directive – As an interim measure and/or an outcome following investigation and/or adjudication, a No Contact Directive may be imposed.  A No Contact Directive specifies an expectation that there be no direct or indirect (via electronic means or third party) contact with the specified party.  Such directive may include instructions for navigating this restriction within the campus community and beyond; may restrict or allow access to specific events, buildings or programs; and/or describe expected response if the other party is encountered.
      
2. More than one of the sanctions listed above may be imposed for any single violation.
    
3. Student conduct records are maintained within the College and are part of any student’s educational records for purpose of FERPA. Disciplinary action shall become part of the student’s disciplinary or conduct record. Cases involving the imposition of sanctions other than residence hall expulsion, College suspension, College expulsion or revocation or withholding of a degree shall be purged from the student’s disciplinary record no sooner than seven (7) years after graduation or final disposition of the case (whichever is later).
    
4. A disciplinary record may be shared with campus administrators for educational purposes.  Disciplinary outcome may be shared with employers or other schools, as allowed by FERPA, a student release of FERPA or other request of the student. The Associate Director of Community Standards and Investigations is the Officer of Record for all conduct records. Students who have questions about their records, wish to seek permission for exception, or are seeking guidance regarding disclosure on applications can schedule to meet with the dean (or designee) to review and discuss their records.
5. A student may need to disclose their conduct history if asked. Students are commonly asked to disclose in response to a general question on an application (e.g. graduate school, some summer academic programs).  Students are encouraged to read application questions carefully. Often the question specifies disclosure of conduct that results in separation from the College (suspension or expulsion); occasionally, the inquiry is much broader, asking about any conduct action, even if resolved informally.  Barnard considers a conduct or disciplinary action to be only that for which a student is found responsible.
    
6. A student may need to be in good standing in order to be eligible for some programs or privileges. A student is in good standing if she is currently enrolled in at least 12 credits of coursework in a given semester, and is not on probation (academic or disciplinary). Students on residential probation are not in good standing in the residence halls, and thus may have other privileges restricted as a result. They will need to seek permission to participate in programs or privileges that require a student be in good standing.
    
7. Not all policy violations are viewed equally.  Sanctioning is progressive during the time of being a student.  This means that, if applicable, prior conduct history will be taken into account for sanction(s) issued in response to future violations.
   • The following sanctions may be imposed upon groups or organizations:
   • Those sanctions listed above in article B(1)(a)–(e).
   • Loss of selected rights and privileges for a specified period of time.
   • Deactivation. Loss of all privileges, including College recognition, for a specified period of time.

H. Interim Action

In certain circumstances, the Dean of the College, or designee, may impose a College or residence hall suspension or other access/privilege restriction prior to the Student Conduct Hearing.

1. Interim suspension (or other restriction) may be imposed:  
   • to ensure the safety and well-being of members of the College community or preservation of College property;
   • to ensure the student’s own physical or emotional safety and well-being; or
   • if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the College.
      
2. During an interim suspension, a student shall be denied access to the residence halls and/or to the campus (including classes) and/or all other College and University activities or privileges for which the student might otherwise be eligible, as the Dean of the College or the Student Conduct Administrator may determine to be appropriate.
    
3. The interim suspension or restriction does not replace the regular conduct process, which shall proceed on the normal schedule, up to and through a Student Conduct Hearing, if required.

However, the student should be notified in writing of this action and the reasons for the interim suspension or other restriction. The notice should include the time, date, and place of a subsequent meeting at which the student may show cause why his or her continued presence on the campus does not constitute a threat and at which the alleged violation may be further discussed.

I. Appeals

If the conduct was adjudicated utilizing a specific set of procedures (e.g. Gender Based Misconduct Procedures), the appeals process described in that procedure apply.

1. A decision reached and/or sanction imposed by the Student Conduct Board or by a Student Conduct Administrator may be appealed by the Accused Student within five (5) business days of the decision. Such appeals shall be in writing, to the Associate Director of Community Standards and Investigations or his/ her designee, following the instructions provided within the outcome letter.  Any sanctions imposed should be considered in effect as described in the outcome letter.
2. Except as required to explain the basis of new information that was previously unavailable, an appeal shall be limited to a review of the record of the Student Conduct Hearing and supporting documents for one or more of the following purposes:
   • To determine whether the Student Conduct Hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving reasonable opportunity to present information indicating that the Student Code was violated, and giving the Accused Student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for overturning a finding unless significant prejudice results.
   • To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code which the student was found responsible for violating.
   • To consider new information sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original Student Conduct Hearing.

     Appeal requests that meet one (or more) of these purposes will be forwarded to the Dean of the College for review.  Appeal requests of cases resolved through the Residential Life process, will be forwarded to the Dean of the College, Director of Res Life and Housing, or designee.

3. If an appeal is to be considered by the Dean of the College or designee, the matter may be resolved by the Dean or returned to the original Student Conduct Board or Student Conduct Administrator for re-opening of Student Conduct Hearing to allow reconsideration of the original determination and/or sanction(s).  The review may result in one of the following:
   • All findings and sanctions of the initial hearing will be upheld.
   • Findings and/or sanctions will be modified (reduced or increased) as deemed appropriate.
   • Additional sanctions may be enacted in light of new information discovered during the review process.
      
4. Only one review of a student conduct decision or sanction may occur. Students are not afforded multiple reviews.  If on appeal the original finding is upheld, the matter shall be considered final and binding upon all involved.

J.  Violation of Law and College Discipline

1. College disciplinary proceedings may be instituted against a student alleged to have engaged in conduct that potentially violates both the criminal law and this Student Code of Conduct (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution.  Proceedings under this Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Dean of the College or her designee and in compliance with federal regulation.  Only in such instances, a student may request, in advance of a Conduct Hearing, the participation of an attorney as their supporter in the student conduct process.
    
2. Determinations made or sanctions imposed under this Student Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of College rules were dismissed, reduced, or resolved in favor of or against the criminal case defendant.
    
3. 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 her status as a student. If the alleged offense is also being processed under the Student Code, the College may advise off-campus authorities of the existence of the Student Code and of how such matters are typically handled within the College community. The College will attempt to cooperate with law enforcement and other agencies in the 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 rules 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.
    
4. Nothing in this Code shall be construed to limit the provision of penal law that may apply to criminal action that may be an alleged conduct violation.

INTERPRETATION AND REVISION

1. Any question of interpretation or application of the Code shall be referred to the Dean of the College or designee or his /her designee for final determination.
2. While these academic and non-academic disciplinary procedures are intended to establish guidelines for the proper evaluation of academic and non-academic infractions, it is sometimes neither possible nor advisable to adhere strictly to such guidelines. Therefore, provided that the parties are afforded proper fairness — prior notice of the substance of the complaint or grievance, a fair and reasonable opportunity to present evidence and to respond to the grievance, and an opportunity to appeal any decision on the basis that substantial fairness was not provided — reasonable deviations from the process set forth herein shall be permitted.
    
3. The Code shall be reviewed at least once every 3 years under the direction of the Dean of the College.