2022-2023 Student Handbook

Contents
Catalog Links
Share

Article VI: Conduct Code Procedures

Allegations of Misconduct and Hearings

  1.  Any member of the College community may file a report with the Dean of Students when it is believed that a student may have violated 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 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 Administrator.
  2.  If appropriate, the Student Conduct Administrator may propose the allegations be disposed of administratively by written agreement  of the parties and the Student Conduct Administrator. By signing the agreement, the student(s) waive the right to a hearing, any appeal and the sanctions imposed.  If the allegations cannot be disposed of by written agreement , the Student Conduct Administrator may continue to handle the conduct proceedings.
  3.  The Carroll College email system will be the primary means of communication during the process.  Students are responsible for all communications delivered to their designated Carroll College email address. 
  4.  A time shall be set for a hearing before the Student Conduct Administrator or designee , 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 the hearing may be extended at the discretion of the Student Conduct Administrator.
  5. The  hearing shall be conducted by a Student Conduct Administrator or designee according to the following guidelines:
    1. The Complainant, Responding Student and their advisors, if any, shall be allowed to  attend the hearing . Admission of any other person to the hearing is at the discretion of the Student Conduct Administrator.
    2. In hearings involving more than one Responding Student, the Student Conduct Administrator may conduct the hearing either separately or jointly.
    3. The Complainant and the Responding Student may  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 the hearing. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the hearing.  Delays will not normally be allowed due to the scheduling conflicts of an advisor.
    4. The Complainant and the Responding Student may arrange for witnesses to present pertinent information to the Student Conduct Administrator at the hearing.. Witnesses will provide any relevant information to the Student Conduct Administrator. Responding Student and Complainant may suggest questions for each other or other witnesses. At the discretion of the Student Conduct Administrator, the questioning may be conducted by the Student Conduct Administrator instead of by the Complainant or the Responding Student if the Student Conduct Administrator, in his or her discretion, believes it necessary to preserve the educational tone of the hearing and to avoid creation of an adversarial environment.
    5. Pertinent records, exhibits, and written statements may be accepted for consideration by a Student Conduct Administrator. Questions of whether potential information is relevant and will be considered in the hearing will be subject to the final decision of the Student Conduct Administrator.
    6. All procedural questions are subject to the final decision of the chairperson of the Student Conduct Administrator.
    7. Once the testimony of the parties and witnesses and the submission of all written reports and evidence have been submitted, the Student Conduct Administrator shall determine whether the Responding Student has violated the Carroll Code and will present his or her determination in writing.
    8. The Student Conduct Administrator’s determination shall be made on the basis of preponderance of evidence.
    9. Every reasonable effort will be made to elicit and consider the most reliable evidence. The statutory Rules of Evidence, rules of discovery and rules of procedure that govern state and federal court proceedings do not apply during Student Conduct proceedings. 
  6. There shall be a single verbatim record, such as a recording, of all hearings. 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.
  7. If a Responding Student does not appear at the hearing, the information concerning the charges shall be presented and considered even if the Responding Student is not present.
  8. The Student Conduct Administrator may accommodate concerns for the personal safety, well-being, or fears of confrontation of the Complainant, Responding Student, or other witnesses during the hearing and arrange for alternative methods for presenting evidence in his or her discretion.
     

Sanctions

  1. 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 and that failure to discontinue the conduct will result in further proceedings and sanctions.
    2. Probation—A written reprimand for violation of specified regulations and imposition of probation status for the student . Probation is imposed for a designated period of time and may result in more severe disciplinary sanctions, including suspension or expulsion if the student is found to have violated 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.
    7. Residence Hall Sanctions, including but not limited to Restriction of Residence Hall privileges, Residence Hall Suspension and Residence Hall Expulsion.
    8. 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.
    9. College Expulsion—Permanent separation of the student from the College. Expelled students are not eligible for refunds of tuition, fees, or room charges.
    10. Revocation of Admission or Degree—Admission to the College 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.
    11. 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.
    12. Other—The College may utilize other educational sanctions or restriction of privileges, as appropriate, to address any violation.
  2. 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 and restriction of privileges until the sanction is completed.
  3. College Expulsion or Revocation of or Withholding a Degree shall be included on the student’s transcript. All other disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s disciplinary record. Disciplinary records are kept in the Office of the Dean of Students according to the College’s Records Retention Policy. Students withdrawing before the conclusion of a conduct case may have a transcript notation stating, “Withdrew pending completion of disciplinary process.”
  4. All disciplinary records shall be maintained and disclosed only as allowed by applicable law.
  5. 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 and may be subject to conditions for reinstatement of the College recognition of the group or organization..
  6. In each case in which a Student Conduct Administrator determines that a student, group or organization has violated the Carroll Code, the sanction(s) shall be determined  and imposed by the Student Conduct Administrator.  The Student Conduct Administrator shall advise the Responding Student, group or organization and the Complainant in writing of the determination made and the sanction(s) imposed, if any.
  7. The Student Conduct Administrator may arrange for  support or 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 Administrator,  an Appellate Administrator 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, or a designee, may impose an interim College Suspension or Residence Hall Suspension, and/or no contact orders prior to the the disciplinary hearing.

  1. 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.
  2. 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 or a designee may determine  to be appropriate.
  3. The Interim Suspension does not replace the the disciplinary  process, which shall proceed according to the procedures outlined above. 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 or designee at which the student may show cause why the Interim Suspension should be discontinued or modified.
  4. 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.
 

Appeals

  1.  A student who is found to have violated the Carroll Code may appeal the decision reached by the Student Conduct Administrator or a sanction imposed by submitting written appeal to the Dean of Students. within five (5) business days of the date on which the decision is sent by the Student Conduct Administrator. 
  2. A student may appeal only if:
    1. The student’s rights as set forth in the Carroll Code were violated and the violation substantially affected the student’s right to receive a fair hearing. 
    2. New evidence, unavailable at the time evidence was being collected and presented to the Student Conduct Administrator, has been discovered that could substantially impact the decision. 
    3. The letter of appeal must specifically allege and factually support the grounds for appeal as set forth above.
  3. If sufficient claim is presented under one or more of the specified grounds, the appeal will be accepted and referred to the Appellate Administrator for consideration.
  4. Except as required to explain the basis of new information, an appeal is upheld by the Appellate Administrator, the matter shall be returned to the Student Conduct Administrator to correct any identified errors in the process and to allow reconsideration of the original determination or sanction upon correction of any errors. If an appeal is not upheld, the matter shall be considered final and binding upon all involved.
     

Information for Crime Victims about Disciplinary Proceedings

Please refer to Family Educational Rights and Privacy Act of 1974 as Amended (FERPA), Disclosure of Educational Records section.