Student Conduct Process: Standard of Proof and Sanctions

Standard of Proof 

The standard of proof used in student conduct is the "preponderance of the evidence" or "more likely than not" standard. This means that the Student Conduct Administrator and/or Student Conduct Committee decide if a violation occurred by considering all available information and determining if it is more likely than not, based on what a reasonable person would think. 

Process Guidelines 

1. The Student Conduct Administrator and Student Conduct Committee do not have the authority to subpoena witnesses or documents, but may receive information without regard to the legal rules of evidence, so long as the information is related to the questions of the case.  

2. Character witnesses are not permitted since determinations of responsibility relate to behaviors, not to character.  

3. Anonymous information (such as reports or statements) may be considered by the Student Conduct Committee, but the unknown identity of the source will be considered in evaluating the credibility of such information. 

4. The College will communicate with participants in the student conduct process mainly via email using an online case management system and the student’s ICC email address. Depending on the circumstances of a given situation, communications may occur through other means, such as through phone, U.S mail, or delivered in person. 

Postponement of Resolution 

A student who files a report or is charged with a violation of the Student Code of Conduct may request in writing to postpone the resolution for two reasons: 

1. Pending or possible civil or criminal litigation that may be jeopardized by the outcome of the campus resolution process. 

2. Unavailability for communication due to being incarcerated or hospitalized. 

The College may grant this request only if both of the following circumstances are met: 

1. Interim action, as determined by the Student Conduct Administrator or designee, is imposed to prevent further incidents during the resolution process. This action includes, at a minimum, a hold preventing registration for classes but may also include other measures such as suspension, a ban from campus, and a designation on the academic transcript indicating a pending conduct matter. 

2. The College does not have any compelling reason why the resolution process should proceed. Examples of compelling reasons include concerns for campus safety if the situation is not resolved, the need for a timely response in cases of sexual or gender-based misconduct, and the risk of compromising the investigation or the ability to hear from critical witnesses. 

The College reserves the right to postpone resolution indefinitely or for a finite period. The College may also independently decide to postpone resolution without a student request when the above conditions are met. The Dean of Students will review and respond to all requests, and there is no appeal of the Dean’s decision concerning a requested postponement. 

Sanctions 

The following sanctions may be imposed upon any student who is found to have violated the Student Code of Conduct. Sanctions may be classified as minor, intermediate, or severe. Sanctions need not be progressive.  For example, a severe first offense may warrant a severe sanction, even if the student has not received any prior sanctions.  All sanctions will be issued in writing. Sanctions will be placed in the student’s confidential conduct record as an official part of a student’s college record and held for seven years.  

Minor Sanctions 

• Warning – a notice that the student has violated the Student Code of Conduct and that any repetition of the behavior will result in more severe sanctions. 

• Probation – a written reprimand that expires automatically after a specified time but includes the probability of a more severe sanction if a student violates the Student Code of Conduct again during the probationary period. 

• Educational sanctions – reflection, research, or other written assignments, apology letters, workshops, programs, article/book review, educational poster, video review, or other assignments designed to educate a student of the potential impact of student misconduct and to prevent reoccurrence. 

Intermediate Sanctions 

• Loss of privileges – denial of specified privileges for a designated period of time. 

• Fines – Previously established and published fines from Campus Police may be imposed. Citations and fines may also be issued for violations of certain college policies. 

• Restitution – compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement. 

• Discretionary sanctions – work assignments, service to the College or neighboring communities, or other related discretionary assignments. 

• Limited access – administrative restriction to selected parts/locations of campus sites or computer usage. 

• No contact order – student is prohibited from having any contact with specified member(s) of the college community due to a conflict or perceived threat. Means of contact include face-to-face, email, social media, and telephone. Friends, relatives, and other acquaintances are also prohibited from contacting the specified member(s) of the College on behalf of the sanctioned student. This is not the same as a legal no-contact order. 

• Withdrawal from class – administrative withdrawal with consequent loss of tuition and fees from a class or classes. 

• Hold – a block on a student’s privileges, such as registering for classes or obtaining transcripts. 

• Referral – an order to access or utilize a campus resource or service, such as Counseling, Academic Advising, Access Services. 

• Parental notification – a letter or phone call notifying a parent or guardian of a student who is under 21 years old (at the time the letter is sent) that they have committed a violation of law or college policy pertaining to drugs or alcohol. 

• Deferred suspension – a suspension that is delayed pending specified behavioral performance. A definite period of observation and review occurs during deferred suspension. If a student is again found responsible for violating the Student Code of Conduct, the suspension will take place immediately without appeal. 

Severe Sanctions 

• College suspension – separation of the student, with consequent loss of tuition and fees, from the College for a definite period of time, after which the student may be eligible to return. Students will be denied access to the campus (including classes), to college activities or privileges for which the student might otherwise be eligible. Conditions for readmission may be specified. 

• College expulsion – permanent separation, with consequent loss of tuition and fees, of the student from the College. Students will be denied access to the campus (including classes), to college activities or privileges. 

More than one of the sanctions listed above may be imposed for any single violation. 

Sanctions Matrix 

Outcome of Multiple Sanctions within an Academic Year 

Students who receive four or more intermediate-level disciplinary sanctions in one academic year will face a suspension of one to two years, with the exact length depending on the nature of the violations. Those who accumulate eight minor violations will have a meeting with the Dean of Students to review these incidents and receive a final warning. Any further violation will result in a suspension from the College for one to two years. The Student Conduct Committee and the Dean of Students will determine the duration of the suspension.  

Student Organizations 

Student organizations are expected to conduct themselves in a manner consistent with the College’s function as an educational institution. Student organizations must observe all federal, state, and local laws and college policies, including the Student Code of Conduct, both on and off campus. A student group will be responsible for the actions and conduct of its members when one or more of its members, acting in the capacity of their membership, commits a violation of the Student Code of Conduct. Student organizations found in violation of the Student Code of Conduct will be subject to student conduct processes and sanctions in the same manner as individual students. 

Student organizations are responsible for responding to all communications from the Dean of Students within 5 days and failure to respond may result in resolution of the matter in the absence of any representative of the organization. 

A complaint filed against a student organization does not preclude the possibility of complaints being filed against any or all individual students involved in the alleged misconduct. 

Sanctions may be imposed upon clubs, groups, or organizations in addition to deactivation which include loss of privileges, including college recognition, for a specified period.