Article VI: Conduct Code Procedures

Allegations of Misconduct and Hearings

Any member of the College community may report allegations of misconduct against a student for violations of the Carroll Code. A report detailing the allegations shall be prepared in writing and directed to the Dean of Students (or designee). Any report should be submitted as soon as possible after the event takes place. The Dean of Students (or designee) will request a written response from the Responding Student and written statements from any witnesses known to have knowledge of the incident. Both the Complainant and the Responding Student will be provided upon request with copies of each other’s written statements and any witness statements and will be given an opportunity to respond in writing. All written statements and responses will be provided to the Student Conduct Board.
The Student Conduct Administrator may conduct an investigation to determine if the allegations can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the Student Conduct Administrator. Such disposition shall be final and there shall be no subsequent proceedings. If the allegations cannot be disposed of by mutual consent, the Student Conduct Administrator may later serve in the same matter or as member of a Student Conduct Board panel. If the student admits violating College rules or policies, but sanctions are not agreed to, subsequent process shall be limited to determining the appropriate sanction(s).
All allegations of misconduct shall be presented to the Responding Student in written form, sent as a notice letter through Carroll email. A time shall be set for a Student Conduct Board hearing, which will be not less than five nor more than fifteen calendar days after the Responding Student has been notified of the hearing. Maximum time limits for scheduling of the Student Conduct Board hearing may be extended at the discretion of the Student Conduct Administrator.
Student Conduct Board hearings shall be conducted by a Student Conduct Board according to the following guidelines (except as provided by Article VI(A)(7) below):
1. Student Conduct Board hearings shall be conducted in private.
2. The Complainant, Responding Student and their advisors, if any, shall be allowed to attend the entire portion of the Student Conduct Board hearing at which information is received (excluding deliberations). Admission of any other person to the Student Conduct Board hearing is at the discretion of the Student Conduct Board or its Student Conduct Administrator.
3. In Student Conduct Board hearings involving more than one Responding Student, the Student Conduct Administrator may permit the Student Conduct Board hearing concerning each student to be conducted either separately or jointly.
4. The Complainant and the Responding Student have the right to be assisted by an advisor they choose, at their own expense. The Complainant and the Responding Student are responsible for presenting his or her own information, and therefore, advisors are not permitted to participate directly in any Student Conduct Board Hearing before a Student Conduct Board. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Student Conduct Board hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor.
5. The Complainant, the Responding Student and the Student Conduct Board may arrange for witnesses to present pertinent information to the Student Conduct Board. The College will try to arrange the attendance of possible witnesses who are members of the College community, if reasonably possible, and who are identified by the Complainant or Responding Student at least two school days prior to the Student Conduct Board hearing. Witnesses will provide information to the Student Conduct Board. Questions may be suggested by the Responding Student and Complainant to be answered by each other or by other witnesses. At the discretion of the chairperson of the Student Conduct Board, the questioning may be conducted by the Student Conduct Board instead of by the Complainant or the Responding Student. This method may be used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved by the chairperson of the Student Conduct Board.
6. Pertinent records, exhibits, and written statements (including Student Impact Statements) may be accepted for consideration by a Student Conduct Board at the discretion of the chairperson.
7. All procedural questions are subject to the final decision of the chairperson of the Student Conduct Board.
8. After the portion of the Student Conduct Board hearing in which all pertinent information has been received, the Student Conduct Board shall deliberate and determine (by majority vote if the Student Conduct Board consists of more than one person) whether the Responding Student has violated each section of the Carroll Code which the Responding Student is alleged to have violated.
9. The Student Conduct Board’s determination shall be made on the basis of preponderance of evidence whether it is more likely than not that the Responding Student violated the Carroll Code.
10. Formal rules of process, procedure, and technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Conduct proceedings.
There shall be a single verbatim record, such as a recording, of all Student Conduct Board hearings (not including deliberations). Deliberations shall not be recorded. The record shall be the property of the College and maintained on file for a period of seven (7) years per the College’s Records Retention Policy.
If a Responding Student does not appear before a Student Conduct Board Hearing, the information concerning the charges shall be presented and considered even if the Responding Student is not present.
The Student Conduct Board may accommodate concerns for the personal safety, well-being, or fears of confrontation of the Complainant, Responding Student, or other witnesses during the hearing where and as determined in the sole judgment of the Dean of Students and Retention to be appropriate.
Alleged violations of the Code that may be of a sexual misconduct nature according to Title IX will be adjudicated according to the College’s Equal Opportunity Policy.

Sanctions

The following sanctions may be imposed upon any student found to have violated the Carroll Code:
1. Warning—A notice in writing to the student that the student is violating or has violated the Carroll Code.
2. Probation—A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions such as suspension or expulsion if the student is found to violate the Carroll Code during the probationary period.
3. Loss of Privileges—Denial of specified privileges for a designated period of time.
4. Fines—Previously established and published fines may be imposed.
5. Restitution—Compensation for loss, damage, or injury. This may take the form of appropriate service and monetary or material replacement.
6. Educational Sanctions—Work assignments, essays, service to the College, or other educational or experiential assignments as deemed appropriate by the Dean of Students and Retention.
7. Residence Hall Suspension—Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
8. Residence Hall Expulsion—Permanent separation of the student from the residence halls.
9. College Suspension—Separation of the student from the College for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. Suspended students are not eligible for refunds of tuition, fees, or room charges.
10. College Expulsion—Permanent separation of the student from the College. Expelled students are not eligible for refunds of tuition, fees, or room charges.
11. Revocation of Admission 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 admission or degree, or for other serious violations committed by a student prior to graduation.
12. Withholding Degree—The College may withhold awarding a degree otherwise earned until the completion of the process set forth in the Carroll Code, including the completion of all sanctions imposed, if any.
13. Other—The College may utilize other educational sanctions, as appropriate, to address the violation.
More than one of the sanctions listed above may be imposed for any single violation. Failure to complete a sanction by the specified date may result in a $200 charge assigned to a student’s account.
Other than College Expulsion or Revocation of or Withholding a Degree, disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s disciplinary record. Upon graduation, the student’s disciplinary record may be expunged of disciplinary actions other than Residence Hall Expulsion, College Suspension, College Expulsion, or Revocation of or Withholding a Degree, upon application to the Student Conduct Administrator. Cases involving the imposition of sanctions other than Residence Hall Expulsion, College Suspension, College Expulsion, or Revocation of or Withholding a Degree shall be expunged from the student’s record three years after final disposition of the case. Disciplinary records are kept in the Office of the Dean of Students and Retention according to the College’s Records Retention Policy, meaning a period of seven (7) years of final disposition of the case, unless the incident resulted in permanent expulsion from the College or the residence halls, or revocation of or withholding of a degree. Those records shall be permanent
In situations involving both a Responding Student and a Complainant Student, the records of the process and of the sanctions imposed, if any, shall be considered to be the educational records of both the Responding Student and the Complainant Student because the educational career and chances of success in the academic community of each may be impacted.
The following sanctions may be imposed upon groups or organizations:
1. Those sanctions listed above in Article VI (B)(1)(a)-(e); and
2. Deactivation. Loss of all privileges, including College recognition, for a specified period of time.
In each case in which a Student Conduct Board determines or it is admitted that a student, group or organization has violated the Carroll Code, the sanction(s) shall be determined and imposed by the Student Conduct Administrator. In cases in which persons other than, or in addition to, the Student Conduct Administrator have been authorized to serve as the Student Conduct Board, the recommendation of the Student Conduct Board shall be considered by the Student Conduct Administrator in determining and imposing sanctions. The Student Conduct Administrator is not bound by or limited to sanctions recommended by the Student Conduct Board. Following the Student Conduct Board hearing, the Student Conduct Board and the Student Conduct Administrator shall advise the Responding Student, group or organization and the Complainant in writing of the determination made and of the sanction(s) imposed, if any.
Arrangements will be made by the Student Conduct Administrator to provide support assistance to the participants in the College disciplinary process (including Complainants, Responding Students and other members of the College community) at the time a decision of the Student Conduct Board, the Student Conduct Administrator, the Dean of Students and Retention, or an Appellate Board is provided to them. This may include making available College staff for counseling, pastoral support, academic advising or health services, schedule changes, housing changes, etc.

Interim Action

In certain circumstances, the Dean of Students and Retention, or a designee, may impose an interim College Suspension or Residence Hall Suspension, and/or no contact orders prior to the Student Conduct Board hearing.

Interim Suspension may be imposed only: a) to ensure the safety and well-being of members of the College community or preservation of College property; b) to ensure the student’s own physical or emotional safety and well-being; or c) if the student poses an ongoing threat or disruption of, or interference with, the normal operations of the College.
During the Interim Suspension, a student shall be denied access to the residence halls and to the campus (including classes) and all other College activities or privileges for which the student might otherwise be eligible, as the Dean of Students and Retention or a designee may determine to be appropriate.
The Interim Suspension does not replace the regular Student Conduct process, which shall proceed on the normal schedule, up to and through a Student Conduct Board hearing, if required.
The student will be notified in writing of an interim suspension and the reasons for it. The notice will include the time, date and place of a subsequent meeting with the Dean of Students and Retention or designee at which the student may show cause why the Interim Suspension should be discontinued or modified.
No contact orders may be put in place as an interim action either by request of the Complainant, Responding Student, or as deemed appropriate by the Dean of Students and Retention

Appeals

A decision reached by the Student Conduct Board or a sanction imposed by the Student Conduct Administrator may be appealed by the Responding Student or Complainant to the Dean of Students and Retention, or an Appellate Board appointed by the Dean of Students and Retention, within five (5) business days of the date on which the decision is sent by the Student Conduct Administrator. Such appeals shall be in writing and shall be delivered to the Student Conduct Administrator or his or her designee.
Except as required to explain the basis of new information, an appeal shall be limited to a review of the verbatim record of the Student Conduct Board hearing and supporting documents for one or more of the following purposes:
1. To determine whether the student Conduct Board hearing was conducted to prescribed procedures. Deviations from designated procedures will not be a basis for upholding an appeal unless significant prejudice results.
2. To determine whether the decision reached regarding the Responding Student was based on substantial information, that is, whether there were facts in the case that, if believed, would be sufficient to establish that a violation of the Carroll Code occurred.
3. To determine whether the sanction imposed was appropriate for the violation of the Carroll Code which the student was found to have committed.
4. To consider new information, sufficient to alter a decision, but only if the new information was not known to the person appealing at the time of the original Student Conduct Board hearing and could not have been discovered by the appellant if sought with reasonable diligence.
If an appeal is upheld by the Dean of Students and Retention or the Appellate Board s/he has appointed, the matter shall be returned to the original Student Conduct Board and Student Conduct Administrator to allow reconsideration of the original determination or sanction. If an appeal is not upheld, the matter shall be considered final and binding upon all involved.

Information for Crime Victims about Disciplinary Proceedings

Carroll College must disclose in writing to the alleged victim of any crime of violence, including sexual misconduct, the results of any disciplinary proceeding conducted by the institution against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of the crime or offense, the information shall be provided, upon request, to the next of kin of the alleged victim.