Article I: Definitions

“Appellate Administrator” means any person or persons authorized by the Office of the Dean of Students to consider an appeal from a determination made by the Student Conduct Administrator regarding violations of the Student Code of Conduct.

"Assault" is purposefully, knowingly, or negligently causing bodily injury to another, making physical contact of an insulting or provoking nature, or causing reasonable apprehension of bodily injury to another, which prevents the person from conducting his/her customary and usual affairs, puts the person in fear of his/her physical safety, or causes the person to suffer actual physical injury.

"Campus” includes all land, building, facilities, and property in the possession, owned, used, or controlled by the College.

"Cheating” means the act of using or attempting to use, in examinations or other academic work, material, information, computer programs, artificial intelligence, or study aids that are not permitted or approved by the instructor. Cheating includes, but is not limited to: using books, notes, calculators, or copying from or conversing with others during an examination (unless use of such external aids is expressly permitted by the instructor); having someone else do research or utilizing unsanctioned artificial intelligence programs to write papers, create computer programs, or take examinations in place of the student currently enrolled in the class; doing research, writing papers, creating computer programs, passing examination answers to, or taking examinations for someone else; submitting large portions of the same work as part of the academic work for more than one course (unless such submission is requested by the student and permitted by the instructor); or the acquisition without permission of tests or other academic material belonging to a member of the Carroll College community.

“College” means Carroll College located in Helena, Montana.

“College official” includes any person employed by the College, performing assigned administrative or professional responsibilities.

“Complainant” means any person who submits a charge alleging that a student violated the Student Code of Conduct. When a student believes that she/he has been a victim of another student’s misconduct, the student who believes she/he has been a victim will have the same rights under the Student Code of Conduct as are provided to the Complainant, even if another member of the College community submitted the charge itself.

"Day" indicates a business day; any day except any Saturday, any Sunday, or any day which is a legal or campus holiday or any day in which campus offices are closed.  

"Faculty member” means any person hired by the College to conduct classroom or teaching activities or who is otherwise considered by the College to be a member of its faculty.

"Harassment" means verbal, psychological, graphic and/or written abuse directed at another, beyond a reasonable expression of opinion, which includes some or all of the following:

1. Is threatening or carries with it the intention to do bodily harm; or

2. Disrupts or undermines a person's exercise of their responsibilities as a student, faculty or staff member, including unreasonably interfering with a person’s educational or work performance.

3. Recurring and objectively offensive to a reasonable person.

"Harassment based upon discrimination" as defined in Carroll College Title IX Policy and Procedures and Nondiscrimination Policy and Procedures is also proscribed conduct, but that type of harassment is adjudicated under those policies and procedures.

"May" is used in the permissive sense.

"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 for students by the College Registrar and for employees by the Director of Human Resources.

"Organization” means any number of persons who, as a group, have complied with the formal requirements for College recognition as a student organization or who are acting as an organization affiliated with Carroll College

"Plagiarism” is the act of appropriating or sharing written, computer programmed, artistic, or musical compositions or portions thereof created by someone else without proper reference; or taking the ideas, language, or symbols of another and representing it as the product of one’s own mind. In all academic areas it is imperative that work be original or that explicit acknowledgment be given for the use of another person’s ideas or language.

"Preponderance of Evidence" means that a violation has been established by evidence that is more likely than not to be true. For a College Agent to make a decision based upon the “Preponderance of Evidence Standard,” the agent will be fifty one percent (51%) sure that a violation has occurred by the parties under investigation. This standard differs from the federal judiciary standard of “Beyond Reasonable Doubt,” and the Student Conduct Administrator’s decisions are not subject to “Beyond Reasonable Doubt”.

“Reasonable Expression of Opinion” refers to the right of the individuals within the college community to express their beliefs, ideas, or viewpoints in a manner that is respectful, non-disruptive, and consistent with the principles of free speech and academic freedom. It involves the open exchange of ideas, fostering a diverse and inclusive learning environment where different perspectives can be shared and debated constructively. Carroll College maintains the right to designate certain areas or forums for public speech and expression.

“Responding Student” means any student accused of violating the Student Code of Conduct. A student group or organization sanctioned or recognized by the College may also be a respondent under the Student Code of Conduct.

"Shall” is used in the imperative sense.

“Student” means individuals from the time of application for admission through the awarding of a degree. For additional information, review Article III: Jurisdiction.

“Student Conduct Administrator” means any person or persons, authorized by the Office of the Dean of Students, to determine whether a student has violated the Student Code of Conduct.  If evidence of a violation is found, the Student Conduct Administrator will determine appropriate sanctions.