Article VI: Conduct Code Procedures

Student conduct cases involving allegations of violations of the Student Code of Conduct will be resolved according to these procedures.

Complaints and Processing
Preliminary Investigation
Notification of alleged violations
Preparation for Pre-Conduct Administrative Hearing
Pre-Conduct Administrative Meeting
Resolution/Hearings
Assignment of Responsibility, Sanctions, and Appeals
Records Management
Information for Complainants about Disciplinary Proceedings

Please note: Supportive measures, informal resolution and/or interim actions may occur at any time during the conduct process, and are managed by the Office of the Dean of Students.

Complaints and Processing
1. Any member of the College community may file a report with the Dean of Students Office when it is believed that a student may have violated the Student Code of Conduct. 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.
2. Non-Carroll entities (ie; Helena Community members, law enforcement officials, arrest records, etc.) may also file reports with the Dean of Students Office concerning alleged violations of the Code of Conduct as the Student Code of Conduct applies to students on and off College premises.
3. Carroll College or the Dean of Students may act as a Complainant and/or Co-Complainant against a student(s) when there is no other Complainant able to participate and/or willing to participate but the infraction is sufficient for further disciplinary review.
4. A complaint alleging a violation of the Student Code of Conduct should be filed as soon as possible after the event takes place. The longer someone waits to report an alleged Code of Conduct violation, the harder it becomes for College officials to obtain information and witness statements and to make determinations regarding alleged violations.
5. Individuals may file a complaint in writing or verbally by meeting with a Student Conduct Administrator, or designee. Complaints are considered the main basis of a Student Conduct case and should therefore be made as clearly and carefully as possible.
6. The Office of the Dean of Students may arrange for support or assistance to the participants in the College disciplinary process (including Complainants, Respondents, and other members of the College community) at any time in the process. This may include referrals to counseling, pastoral support, academic advising or health services, schedule changes, housing changes, etc.
7. In certain circumstances, the Dean of Students, or a designee, may impose an Interim Action, including but not limited to, College Suspension or Residence Hall Suspension, and/or no contact/no communication orders at any time.
  1. Interim Suspension may be imposed only: 1) to ensure the safety and well-being of members of the College community; 2) to ensure preservation of College property; 3) to ensure the student’s own physical or emotional safety and well-being; or 4) 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, or as the Dean of Students or a designee may determine to be appropriate.
  3. The Interim Suspension does not replace 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/ No communication orders may be put in place as an interim action either by request of the Complainant, Respondent, or as deemed appropriate by the Dean of Students.
Preliminary Investigation
1. Upon receiving a complaint, a Student Conduct Administrator or designee will review the complaint and conduct a preliminary investigation to determine whether it appears to meet the criteria for a possible violation of the Student Code of Conduct.
2. The investigation may or may not include meeting with the Complainant and/or the Respondent.
3. A Student Conduct Administrator or designee may find that the complaint does not have merit. Such a finding will be final and the Student Conduct Process ends at this point.
Notification of Alleged Violation
1. If the Student Conduct Administrator determines the complaint appears to meet the criteria for a possible violation of the Student Code of Conduct, the Respondent(s) will be notified in writing.
2. 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. Notice of the hearing is accomplished when notice is emailed to the student’s Carroll College email address at least two (2) College business days in advance of the hearing date.
3. The notification will include information as to alleged violations of student behavior expectations (Article V) and appropriate deadlines.
Preparation for Pre-Conduct Administrative Hearing
1. The Respondent has the option to submit written statements and other evidence as well as provide written and signed witness statements in response to the Notification of Alleged Violations.
2. It is up to the discretion of the Student Conduct Administrator to determine if the evidence, written witness statements and requests from the Respondent have merit or relevancy to the conduct process.
3. The Respondent may bring an advisor of their choice to the Pre-Conduct Administrative Meeting, but the advisor may not speak on behalf of the Respondent.
4. The Student Conduct Administrator continues to gather more information, evidence, statements, etc.
5. The Student Conduct Administrator may determine that it is possible to resolve the complaint by mutual consent of the parties involved and the Office of the Dean of Students. Agreement of information resolution at this point by mutual consent of the parties and the Office of the Dean of Students is final and there will be no subsequent Code of Conduct proceedings.
Pre-Conduct Administrative Meeting
1. During the Pre-Conduct Administrative Meeting the Student Conduct Administrator will:
  1. Review the Respondent’s rights
  2. Review current evidence. Evidence remains under the control of the Student Conduct Administrator, and will not be distributed to participants.
  3. Provide resolution/hearing options
    1. Informal Resolution
    2. Formal Hearings
      1. Conduct Administrative Hearings
      2. Conduct Board Hearings (major violations only)
  4. Answer questions about the alleged violations and the hearing process
2. The Respondent has the right to request that the Pre-Conduct Administrative Meeting transition immediately to a Conduct Administrative Hearing (see VI.6.b below)
Resolution/Hearings

Reports that the Office of the Dean of Students deems to have merit will be forwarded to a Student Conduct Administrator or Conduct Board for a hearing that will adhere to the following guidelines. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil courts, are not used in Student Conduct proceedings.

The Office of the Dean of Students may accommodate concerns for the personal safety, well-being, or fears of confrontation of the Complainant, Respondent, or other witnesses during the hearing and arrange for alternative methods for presenting evidence in his or her discretion.

There are three (3) ways by which an alleged Student Code of Conduct violation can be resolved:

a)Informal Resolution; b) Conduct Administrative Hearing, or c) Conduct Board Hearing.
1. Informal Resolution
  1. The Student Conduct Administrator finds that, after additional investigation, that the Respondent is not responsible for the alleged conduct violations and the process ends; or
  2. The Respondent accepts responsibility and the process moves to assigning sanctions.
2. Conduct Administrative Hearings
  1. Conduct Administrative Hearings adjudicate alleged violations for which suspension or expulsion are not potential sanctions.
  2. A time shall be set for a Conduct Administrative Hearing before one to two Student Conduct Administrators or designee(s). Notice of the hearing is accomplished when notice is emailed to the student’s Carroll College email address at least two (2) College business days in advance of the hearing date. The hearing will not be more than ten (10) business days after the Respondent has been notified. Maximum time limits for scheduling the hearing may be extended at the discretion of the Student Conduct Administrator.
  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. The Conduct Administrative Hearing shall be conducted according to the following guidelines:
    1. The Student Conduct Administrator may consider written and verbal statements by any involved party or witness, photographs, investigative summaries/ reports/documents /recordings, and testimony. Submission of available, relevant information to the Student Conduct Administrator (such as witness statements, documents, photographs, recordings, and Respondent’s response to the charges) by the Complainant and the Respondent must occur no later than the time of the conduct administrative hearing. At the discretion of the Student Conduct Administrator, additional documentation may be submitted no later than five (5) business days after the initial conduct administrative hearing.
    2. It is not the responsibility of the Student Conduct Administrator to pursue witness statements from a witness list, to provide opportunity for cross-examination of Complainant or Respondent witnesses, or to extend timelines to allow for witness statements. It is the responsibility of the Complainant and Respondent to provide written and signed witness statements within the listed timelines.
    3. Available information at the time of the conduct administrative hearing (witness statements, the complaint, the response, and any other information submitted to the Student Conduct Administrator related to the charges) will be made available to the respondent during the hearing. This documentation can only be reviewed in the presence of a student conduct administrator, or member of the Office of the Dean of Students. After viewing and hearing the gathered information, the Respondent and/or the Complainant have the option to provide their perspective and additional context.
    4. 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, as student Conduct proceedings serve to protect the educational environment of the institution, and does not serve as a process for legal resolution.
    5. The hearing will be conducted in private. Admission of any person to the hearing will be at the discretion of the Conduct Hearing Administrator. Witnesses may not be present in the hearing, as testimony must be submitted as a written statement.
    6. If the charges involve more than one Respondent, a Student Conduct Administrator may permit the hearings for each Respondent to be conducted separately or at the same time. A Respondent may express preference concerning separate or joint hearings to the Student Conduct Administrator at the Pre-Hearing Conference.
    7. The Complainant and the Respondent have the right to be supported by any advisor of their choosing. However, the Respondent is responsible for presenting their own information. Advisors are not permitted to participate directly in a Conduct Administrative Hearing. It is the responsibility of the Respondent to make arrangements for their advisor to be at the Conduct Administrative Hearing.
    8. If the Respondent, after receiving notice of charges and hearing, does not appear at the Conduct Administrative Hearing, the Conduct Hearing Administrator may review any available information and conclude the case without the Respondent being present.
    9. The Conduct Hearing Administrator has the discretion to exclude or deny certain witnesses statements by stating reasonable grounds.
    10. All procedural questions during the hearing are subject to the final decision of the Student Conduct Administrator at the time of the hearing.
    11. At the end of the hearing, all materials disseminated to the parties during the hearing must be returned to a Student Conduct Administrator.
    12. The Conduct Administrative Hearing will conclude with the Respondent making a final verbal and/or written assertion regarding whether the Respondent believes they are responsible/not responsible for each violation.
    13. The Student Conduct Administrator will determine an assignment of responsible or not responsible (see VI.7.a below). The Student Conduct Administrator’s determination shall be made on the basis of preponderance of evidence.
3. Conduct Board Hearings
  1. A conduct board will only be utilized for cases of the most serious nature, when potential outcomes could involve academic suspension of greater than ten (10) business days, expulsion or revocation of a degree, a student organization facing loss of recognition, allegations of sexual misconduct that do not meet the standard of a Title IX investigation or sanction, or by choice of the Student Conduct Administrator.
  2. A conduct board shall consist of at least one Professional Staff Member, one Faculty Member, and one Carroll College student. Complainants and Respondents will be notified of the members of the Conduct Board a minimum of 5 business days in advance of the Conduct Board Hearing.
  3. A time shall be set for a hearing before the Conduct Board, which will be not less than five (5) nor more than ten (10) business days after the Respondent has been notified of the hearing. Maximum time limits for scheduling the hearing may be extended at the discretion of the Student Conduct Administrator.
  4. The hearing shall be conducted by the Conduct Board according to the following guidelines:
    1. The Complainant, Respondent, 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 Conduct Board.
    2. In hearings involving more than one Respondent, the Conduct Board may conduct the hearing either separately or jointly.
    3. The Complainant and the Respondent may be assisted by an advisor they choose, at their own expense. The Complainant and the Respondent 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. Pertinent witnesses, records, exhibits, and written statements may be accepted for consideration by a Conduct Board. Questions of whether potential information is relevant and will be considered in the hearing will be subject to the final decision of the Conduct Board.
    5. The Complainant and the Respondent may arrange for witnesses to present pertinent information to the Conduct Board at the hearing. Witnesses will provide any relevant information to the Conduct Board in a signed and written statement at least 3 business days prior to the scheduled Conduct Board Hearing Date.
    6. The Respondent and Complainant may schedule a time one business day in advance of the hearing to review written statements and documentation as related to the case. Witness statements will also be provided to the Respondent and Complainant at the time of the hearing.
    7. The Respondent and Complainant may suggest questions for each other, witness statements, or witnesses invited to attend the Conduct Board Hearing. They may not provide questions directly to the witnesses.
    8. At the discretion of the Conduct Board, questioning may be restricted to written questions if the Conduct Board believes it necessary to preserve the educational tone of the hearing and to avoid creation of an adversarial environment.
    9. All procedural questions are subject to the final decision of the Conduct Board.
    10. Once the testimony of the Complainant, Respondent, witnesses, written reports and evidence have been submitted, the Conduct Board shall determine whether the Respondent has violated the Carroll Code and will present their determination in writing.
    11. 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.
    12. 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.
    13. If either the Complainant or Respondent does not appear at the hearing, the information concerning the charges shall be presented and considered even if either party is not present.
    14. The Conduct Board will provide a recommendation to the Dean of Students (or designee) for an assignment of responsible or not responsible (see VI.7.a below). The Conduct Board’s recommendation shall be made on the basis of preponderance of evidence. A summary of recommendation will be provided, along with a final decision based on preponderance of evidence, to the respondant from the Dean of Students (or designee).
Assignment of Responsibility, Sanctions, and Appeals
1. Assignment of Responsibility
  1. Student Conduct Administrator, or the Dean of Students (or designee) in cases processed by a Board Hearing, determines responsibility or non-responsibility for violating the Student Code of Conduct.
    1. If the Respondent is found not responsible:
      1. The Student Conduct Process is ended, and there will be no subsequent Code of Conduct proceedings.
      2. The Respondent will receive a letter of responsibility by email within ten (10) business days after the final hearing.
    2. If the Respondent is found responsible:
      1. The Respondent(s) will receive a letter of responsibility by email within ten (10) business days after the final hearing.
      2. One (1) or more sanction(s) may be imposed for any single violation, which will be included in the letter of responsibility.
  2. College personnel with a need to know, as determined by the Office of the Dean of Students, may be notified of the outcome of the hearing.
2. Sanctions:
  1. When a violation of college policy has been verified through the conduct process, a Student Conduct Administrator or Conduct Board will impose sanctions. Supportive of the mission of the college these sanctions are educationally based, the design being to enhance the holistic development of our students.
  2. A sanction may be single or multi-faceted and cover a wide-range of educational opportunities tailored to the individual and the nature of the conduct violation involved.
  3. Students may expect to receive sanctions such as, but not limited to, those listed below.
    1. Warning—A notice in writing to the student that the student is violating or has violated the Student Code of Conduct 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 Student Code of Conduct during the probationary period.
    3. Loss of Privileges—Denial of specified privileges for a designated period of time.
    4. Fines—Financial penalties imposed to address the cost of labor, materials, and damages.
    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. Deactivation–Loss of all privileges, including College recognition, for a specified period of time and subject to conditions for reinstatement of the College.
    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 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.
    12. Withholding Degree—The College may withhold awarding a degree otherwise earned until the completion of the process set forth in the Student Code of Conduct, including the completion of all sanctions imposed, if any.
    13. Other—The College may utilize other educational sanctions or restriction of privileges, as appropriate, to address any violation.
  4. Failure to complete a sanction by the specified date may result in a hold applied to the students account, restricting their ability to change courses, select courses, and request transcripts. The Office of the Dean of Student (or designee) may return the student to the Student Code of Conduct process for a new hearing for failure to comply with sanctions.
3. Appeals
A student who is found to have violated the Student Code of Conduct may appeal the decision or a sanction imposed by either the Conduct Administrative Hearing or Conduct Board submitting a written appeal to the Office of the Dean of Students at deanofstudents@carroll.edu within ten (10) business days of the date on which the decision was sent.
1. A student may appeal only if:
  1. A procedural error substantially affected the student’s right to receive a fair hearing. A minor deviation from a procedure in the Student Code of Conduct or other established College procedure will not be the basis for a decision or sanction to be overturned.
  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. New evidence will be clearly detailed in the written appeal for review.
  3. The severity of the sanction imposed does not reasonably match the severity of the offense.
2. The appeal shall be conducted according to the following guidelines:
  1. The letter of appeal must specifically allege and factually support the grounds for appeal as set forth above.
  2. The Office of the Dean of Students (or designee) will determine if sufficient claim is presented under one or more of the specified grounds.
  3. A Conduct Board Hearing decision may be appealed, but another hearing will not be conducted. The appeal will be reviewed by the Vice President of Student Engagement (or designee).
  4. The Office of the Dean of Students will assign the appeal review within ten (10) business days from the receipt of the letter of appeal.
  5. The appeal review is conducted in a closed session, with no parties, witnesses, or members of the original hearing allowed to be present. With the exception of appeal alleging new information, the review is limited to considering the written appeal statement, the non-appealing party’s statement in response to the appeal, and the hearing record (including written statements, hearing notes, original records, and exhibits).
3. The Office of the Dean of Students (or designee) communicates one of the following decisions within fifteen (15) business days of the appeal review:
  1. Uphold the original decision and sanctions which ends the process. This decision is considered final and binding; or
  2. Uphold the original decision, but recommend a review of the sanctions; or
  3. Overturn the original decision.
4. Changes to the original decision
  1. If the original decision is overturned or if review of the sanctions is recommended, the matter shall be assigned to a new Student Conduct Administrator or panel of Student Conduct Administrators. The designation will be an individual(s) who did not participate in the original hearing, as determined by the Office of the Dean of Students.
  2. This does not initiate a new hearing process, but instead is a review of the documentation available at the time of the original hearing or new evidence presented in the appeal.
  3. This review process will follow the guidelines set forth in Article VI, 7, c, ii, 5.
  4. Decisions from this body may include:
    1. Uphold the original decision and sanctions; or
    2. Uphold the decision and amend sanctions; or
    3. Reverse the decision and identify that no violations occurred.
  5. Once a decision is rendered, the appeal process is concluded and the decision is final and binding for all involved.
  6. The Respondent will receive an appeal decision letter by email within ten (10) business days after the final determination.
5. College personnel with a need to know, as determined by the Office of the Dean of Students, may be notified of the outcome of the hearing.
Records Management
1. Student Code of Conduct records are kept in the Office of the Dean of Students according to the College’s Records Retention Policy.
2. All Student Code of Conduct records shall be maintained and disclosed only as allowed by applicable law.
3. College Expulsion or Revocation of or Withholding a Degree shall be included on the student’s transcript. All other Student Code of Conduct records shall not be made part of the student’s permanent academic record, but they shall become part of the student’s conduct record.
4. Students withdrawing before the conclusion of a conduct case may have a transcript notation stating, “Withdrew pending completion of student conduct process.”
Information for Complainants about Disciplinary Proceedings
Please refer to the Family Educational Rights and Privacy Act of 1974 as Amended (FERPA), Disclosure of Educational Records section.