conduct system
The Citizenship Education Office at Colby-Sawyer College is committed to educating students regarding their rights and responsibilities as community members. As community members, we are accountable to each other and ourselves. One way the college teaches student responsibility is by holding individuals accountable for their behavior.
If you would like a full description of the Conduct System in PDF format, please email Robin Burroughs Davis, Associate Dean of Students and Director of Citizenship Education.
The Code of Community Responsibility
Colby-Sawyer community members are expected to be familiar with their rights and responsibilities as outlined in the Code of Community Responsibility. Included within the code is information related to students' rights, conduct expectations, guidelines involving possible conduct violations, and sanctions that can be imposed. It is in each student's best interest to read the Code of Community Responsibility.
Process
When students are allegedly involved in violations of the Code of Community Responsibility, they will follow the conduct process explained below:
Alleged violations of the Code of Community Responsibility are reviewed by the associate dean of students and director of citizenship education who determines what action should be taken. Cases of alleged violations of the Code of Community Responsibility may then be resolved in one of the following ways.
Hearing Options
Director/Resident Director Hearing
During an informal proceeding, the respondent meets with the associate dean and director of citizenship education, the coordinator of citizenship education, director of student affairs or a resident director. The hearing officer hears the testimony of the student charged with a violation. The hearing officer and the student discuss the alleged violation and the hearing officer makes a finding of responsibility or non-responsibility for the violation. If the hearing officer finds the student to be responsible for the code violation, he or she will make a recommendation of sanction to the associate dean of students and director of citizenship education for approval.
Community Council
The Community Council addresses general violations of the Code of Community Responsibility. The Community Council, comprised of students, faculty, and staff, holds hearings, makes findings, and fixes appropriate sanctions for violations that do not warrant immediate suspension or dismissal. Hearings involve the presentation of complainant testimony, respondent testimony and any witness testimony, and the questioning of involved parties.
A Community Council quorum must be present in order to conduct a hearing. Community Council quorum consists of at least four students and one faculty/staff member. Students may waive their right to quorum; however, this cannot be a basis for appeal.
Administrative Hearing
The college reserves the right to investigate and conduct an administrative hearing on any matter, whether it be considered major or minor. Alleged violations that may result in suspension or dismissal are generally recommended for an administrative hearing. Hearings involve the presentation of complainant testimony, respondent testimony and any witness testimony, and the questioning of involved parties.
Administrative Hearings may be conducted by the vice president and dean of students, or designee, or a student/faculty/staff panel.
Hearings shall not be convened to conflict with scheduled classes of a complaintant or respondent. Hearings take priority over all other college activities. Hearings will be conducted in the absence of the accused student if the student fails to appear but notice of the hearing was sent to student's campus address. Absence will not be construed as an admission of responsibility. The citizenship education staff who advised the hearing will notify the absent student regarding the outcome of the hearing.
Order of Hearings
Community Council
All of the parties involved in the case appear before the Community Council.
Each party presents his/her view of the facts at issue.
The council members may then question presenters to aid them in reaching a decision on the facts.
Once the parties have been heard and questions asked and answered, the Council will deliberate and reach a decision on the facts. Thereafter, if appropriate, the council will decide on a sanction.
Administrative Hearing
Evidence is presented by the complainant, then the respondent, and both may make closing statements with the respondent speaking last.
Witnesses for the complainant and the respondent must submit written testimony at least 24 hours prior to the scheduled hearing. The chairperson reserves the right to request the presence of witnesses at the hearing for questioning.
The hearing panel will come to a conclusion on the facts, and then, if appropriate, will determine an appropriate sanction.
Students involved in behavior that allegedly violates rules and regulations are encouraged to meet with their resident directors or a citizenship education program assistant to discuss the incident and related issues. If a student is charged with a violation, this meeting provides students with information about the conduct system, and the options that are available to them through the process. The citizenship education staff member or RD will answer students' questions related to the conduct system during this meeting.
Appeals
Appeals are granted when there is a reasonable claim of new evidence likely to have a significant effect on the outcome of the hearing, evidence of procedural irregularity, and/or imposition of an inappropriate or excessive penalty. 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.
Procedures for filing an appeal:
A letter requesting an appeal of a finding and/or sanction must be submitted in writing within (10) business days of written delivery of the decision of the hearing body.
Petitions for appeal should be submitted to the vice president and dean of students.
The petition for appeal must be sufficiently detailed to allow for a reasonable judgment on whether to grant the petition.
Sanctions
Sanctions attempt to educate individuals and strengthen the community. When students violate the Code of Community Responsibility, one or more of the following sanctions may be imposed. Sanctions may include but are not limited to:
Admonition
Disciplinary Probation
Educational Program/Service Project
Restitution
Fine
Behavioral Agreement
Loss of Privileges
Housing Contract Probation or Suspension
Probationary Suspension
Suspension
Dismissal
Withholding Grades
The student always has the option of presenting to the hearing officer or board a proposal of what he or she thinks would be an appropriate sanction.
Student Rights In Regards to Conduct Hearings
Any student facing disciplinary action is entitled to the following procedural rights:
The right to be notified in writing of the following at least 48 hours before the time of the proceeding:
A description of the behavior alleged to constitute a violation of the Code of Community Responsibility sufficiently specific to allow for the preparation of a response,
The time and place of the alleged behavior,
The name(s) of the person(s) reporting the alleged behavior,
The time and place of the hearing, and
Referral to the "Conduct System" section of the Code of Community Responsibility
The right to present evidence and witnesses relevant to his/her defense. The hearing officer or board will review written versions of witness testimony prior to the case and determine if witnesses need present information in person.
The right to have an advisor at the hearing.
The right to appeal the decision of the hearing officer or board.
Retaliation
Students are prohibited from retaliating against anyone who files a complaint, serves as a witness for or serves on hearing panel. (See also Harassment and Violence.)
Student Conduct Record Retention and Release Policy
Conduct records are kept in the student development office. Records of minor disciplinary action are kept on file for as long as the student is enrolled at the college. Records of major disciplinary action are destroyed seven years from the date of the student's separation from the college. The records of a student who has been suspended or dismissed from the college are maintained permanently.
Colby-Sawyer College reserves the right to contact parents of underage students who are involved in alcohol or drug violations and of dependant students whose conduct may result in temporary or permanent removal from the residence halls or separation from the institution.
