office of citizenship education

Student Rights & Appeals

Student Rights in Regards to the Colby-Sawyer College Conduct System

1) Students have the right to seek resolution of conflicts in an atmosphere of mutual respect, privacy and civility.
2) Students have the right to timely disposition of allegations and complaints.
3) Students have the right to written notice of allegations and the opportunity to respond to those allegations.
4) Students have the right to be accompanied by a Colby-Sawyer College community member to serve as an advisor during a hearing.
5) Students have the right to present witnesses who have direct evidence pertaining to a hearing (see the Witness section located in the Guidelines/Procedure page for further information about witnesses).
6) Students have a right to know the outcome of their hearing.
7) Students have the right to submit written statements/documentation up to 48 hours before a scheduled hearing.
8) Students may initiate action within the conduct system by filling out a statement/Incident Report form with Campus Safety.
9) Students have the right to present information at the time of the hearing regarding extenuating circumstances directly related to an incident report.
10) Students have the right to be heard regarding concerns directly related to an Incident Report.
11) Students have the right to appeal the decision of the hearing officer or panel.

For more detailed information about the conduct system, please review the Conduct System Process and Procedures.

Statement of Student Expectations

1) Students are expected to attend hearings at the date of time stipulated.
2) Students are expected to submit written allegations before a hearing will be scheduled.
3) Students are expected to report alleged violations.
4) Students are expected to conduct themselves with civility and integrity.
5) Students are expected to read and respond to correspondence as well as make and keep appointments with personnel associated with the facilitation of the conduct system. The Office of Citizenship Education may use Colby-Sawyer College email, US postal service, on campus mail or telephones to communicate with students regarding conduct matters.

Statement of College Rights

1) The College reserves the right to pursue conduct action at any time.
2) The College reserves the right to pursue conduct action whenever alleged behavior may be detrimental to the College.
3) The College reserves the right to accept or decline jurisdiction over alleged violations and to pursue any civil remedies available to it, or to report any criminal activity to the appropriate authorities, in lieu of conduct action.
4) The College reserves the right to refrain from holding a hearing based on lack of information.
5) The College reserves the right to notify the College community regarding the outcome of conduct matters.
6) The College reserves the right to hear cases with the alleged violator in absentia when the alleged violator fails to make/meet appointments with conduct personnel, and/or fails to appear for any scheduled opportunity to be heard.
7) The College reserves the right to summarily remove any student or person whose behavior poses a threat to self or others, or is disruptive to the College community based on information available at the time of the perceived threat until a hearing can be scheduled and/or pending an investigation.
8) The College reserves the right to contact parents if a student is placed on Housing Contract Probation.
9) The College reserves the right to contact parents or legal guardians in the event the student faces housing contract withdrawal, suspension or dismissal from Colby-Sawyer College.

Statement of College Responsibilities

1) The College will enforce standards of student conduct and campus life in accordance with the policies and procedures described in this document.
2) The College will protect the primary right of students, faculty and staff to pursue and engage in curricular and co-curricular activities in accordance with the mission of Colby-Sawyer College.
3) The College will provide alleged student violator with written notice of alleged violations and the opportunity to be heard in response to those allegations.
4) The College will arrive at decisions based on the procedures described in this document and the information and/or documentation available at the time of the hearing.
5) The College's conduct policies and procedures are not a substitute for civil and/or criminal procedures.
6) The College reserves the right to modify, add, or delete sections of this document upon notice to the College community.

Appeals

Appeals are granted when there is a reasonable claim of new evidence that is now available but was unavailable at the time of the hearing and that is likely to have a significant effect on the outcome of the hearing, evidence of substantive procedural irregularity, and/or imposition of an inappropriate or excessive sanction. Disagreement with the finding and/or sanction of a hearing body, or failure to appear at an appropriately scheduled hearing, or failure to comply with a sanction is not a sufficient basis for appeal.

A petition for appeal of a finding and/or sanction of a hearing must be submitted in writing within five (5) business days of written delivery of the decision of the hearing body. Petitions for appeal should be submitted to the vice president for student development and dean of students via the appeals email address: studentconduct@colby-sawyer.edu. If the vice president for student development and dean of students has a conflict of interest or is a party to the decision being appealed, the petition will be referred to the associated dean of students and director of citizenship education or another competent/trained administrator within the student development division. The petition for appeal must be sufficiently detailed to allow for a reasonable judgment on whether to grant the petition. The associate dean of students and director of citizenship education shall prepare a summary of materials, including the procedural history of the case and any pertinent conduct system actions prior to the appeal to be considered by the person hearing the appeal.

The time allowed for insufficiencies to be addressed is determined by the vice president. Typically this time will not exceed five (5) business days from the date the student submitted his/her petition for appeal.

If the appeal is denied, the student will receive notification from the vice president for student development and dean of students or his/her designee that the appeal has been denied and that the original sanction remains in effect; no further institutional recourse is available.

If the appeal has been granted, the student will receive notification from the vice president for student development and dean of students or his/her designee that the appeal has been granted. Action in response to an appeal is limited to (1) rehearing by a hearing body appointed by the dean of students, (2) confirmation of the original findings and penalty, or (3) confirmation of the original findings and alteration of the penalty. Action on the appeal and notice of the action to the petitioner should normally occur within ten (10) business days of the receipt of the petition of appeal.

The vice president for student development and dean of students or designee may postpone the implementation of a sanction pending the outcome of an appeal. To do so, or not, is at the discretion of the vice president for student development and dean of students or designee.