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Preamble
Attendance at Texas Southmost College is optional and voluntary and choosing to join the Texas Southmost College community obligates each member to a code of civilized behavior. This means practicing personal and academic integrity; respecting the dignity of all persons; respecting the rights and property of others; discouraging prejudice and intolerance while striving to learn from differences in people, ideas, and opinions; and demonstrating concern for others, their feelings, and their need for conditions which support their work and development.
The goals of the student discipline system are (1) to promote a campus environment that supports the overall educational mission of the College; (2) to protect the College community from disruption and harm; (3) to encourage appropriate standards of individual and group behavior; (4) to foster ethical standards and civic virtues.
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Article I: Definitions
- The term “College” means Texas Southmost College.
- The term “student” includes all persons taking courses at the College, either full-time or part-time. Persons who withdraw after allegedly violating the Student Code of Conduct, who are not officially enrolled for a particular term but who have a continuing relationship with the College or who have submitted an application for admission are considered “students.” This Student Code of Conduct applies at all locations of the College.
- The term “faculty” or “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.
- The term “College official” includes any person employed by the College, performing assigned administrative or professional responsibilities.
- The term “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 by the Associate Vice President of Student Services.
- The term “College premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College (including adjacent streets and sidewalks).
- The term “organization” means any number of persons who have complied with the formal requirements for College recognition.
- The term “Student Conduct Board” means any person or persons authorized by the Associate Vice President of Student Services to determine whether a student has violated the Student Code of Conduct and to recommend sanctions that may be imposed when a rules violation has been committed.
- The term “Student Conduct Administrator” means a College official authorized on a case-by-case basis by the Associate Vice President of Student Services to impose sanctions upon any student(s) found to have violated the Student Code of Conduct. The Associate Vice President of Student Services may authorize a Student Conduct Administrator to serve simultaneously as a Student Conduct Administrator and the sole member or one of the members of the Student Conduct Board. The Associate Vice President of Student Services may authorize the same Student Conduct Administrator to impose sanctions in all cases.
- The term “Appellate Board” means any person or persons authorized by the Associate Vice President of Student Services to consider an appeal from a Student Conduct Board’s determination as to whether a student has violated the Student Code of Conduct or from the sanctions imposed by the Student Conduct Administrator.
- The term “shall” is used in the imperative sense.
- The term “may” is used in the permissive sense.
- The Associate Vice President of Student Services is that person designated by the College President to be responsible for the administration of the Student Code of Conduct.
- The term “policy” means the written regulations of the College as found in, but not limited to, the College Policy Manual, Student Code of Conduct, Student Handbook, the College web page, the College computer use policy, and the College Catalog.
- The term “cheating” includes, but is not limited to: (1) use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; (3) the acquisition, without permission, of tests or other academic material belonging to a member of the College faculty or staff; (4) engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.
- The term “plagiarism” includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
- The term “Accused Student” means any student accused of violating this Student Code of Conduct.
- The term “Complainant” means any person who submits a charge alleging that a student violated this Student Code of Conduct. When a student believes that he/she has been a victim of another student’s misconduct, the student who believes he/she has been a victim will have the same rights under this Student Code of Conduct as are provided to the Accused Student, even if another member of the College community submitted the charge itself.
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Article II: Student Conduct Code of Conduct Authority
- The Associate Vice President of Student Services shall determine the composition of Student Conduct Boards and Appellate Boards and determine which Student Conduct Board, Student Conduct Administrator and Appellate Board shall be authorized to hear each matter.
- The Associate Vice President of Student Services shall develop policies for the administration of the student conduct system and procedural rules for the conduct of Student Conduct Board Hearings that are consistent with provisions of the Student Code of Conduct.
- Decisions made by a Student Conduct Board and/or Student Conduct Administrator shall be final, pending the normal appeal process.
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Article III: Unacceptable Conduct
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Jurisdiction of the College Student Code of Conduct.
The College Student Code of Conduct shall apply to conduct that occurs on College premises, at College-sponsored activities, and to off-campus conduct that adversely affects the College Community and/or the pursuit of its objectives. Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if their conduct is not discovered until after a degree is awarded). The Student Code of Conduct shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending. The Associate Vice President of Student Services shall decide whether the Student Code of Conduct shall be applied to conduct occurring off campus, on a case-by-case basis, in his/her sole discretion.
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Conduct Rules and Regulations.
Any student found to have committed or to have attempted to commit the following misconduct is subject to the disciplinary sanctions outlined in Article IV: Student Code of Conduct Procedures.
- Acts of dishonesty, including but not limited to the following:
- Cheating, plagiarism, or other forms of academic dishonesty.
- Furnishing false information to any College official, faculty member, or office.
- Forgery, alteration, or misuse of any College document, record, or instrument of identification.
- Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other College activities, including its public service functions on or off campus, or of other authorized non-College activities when the conduct occurs on College premises.
- Physical abuse, verbal abuse, threats, intimidation, harassment, coercion, and/or other conduct which threatens or endangers the health or safety of any person.
- Sexual misconduct that involves:
- Deliberate touching of another's sexual parts without consent or deliberate sexual invasion of another without consent. This includes any sexual act that occurs without the consent of the victim, or that occurs when the victim is unable to give consent.
- Deliberate constraint or incapacitation of another, without that person's knowledge or consent, so as to put another at substantially increased risk of sexual injury.
- Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that expressly or implicitly imposes conditions upon, threatens, interferes with, or creates an intimidating, hostile, or demeaning environment for an individual's (I) academic pursuits, (II) College employment; (III) participation in activities sponsored by the College or organizations or groups related to the College, or (IV) opportunities to benefit from other aspects of College life. This includes unwanted, unwelcome, inappropriate, or irrelevant sexual or gender-based activities or comments.
- Obscene or indecent behavior, which includes, but is not limited to, exposure of one's sexual organs or the display of sexual behavior that would reasonably be offensive to others.
- Attempted or actual theft of and/or damage to property of the College or property of a member of the College community or other personal or public property, on or off campus.
- Hazing. "Hazing" means any intentional knowing, or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are students at an educational institution. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this rule. The term includes but is not limited to:
- Any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity.
- Any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk or harm or that adversely affects the mental or physical health or safety of the student.
- Any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance which subjects the student to an unreasonable risk of harm or which adversely affects the mental or physical health or safety of the student.
- Any activity that intimidates or threatens the student with ostracism that subjects the student to extreme mental stress, shame, or humiliation, or that adversely effects the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described in this subsection.
- Any activity that induces, causes, or requires the student to perform a duty or task which involves a violation of the Texas Penal Code Sec. 4.52.
- Personal Hazing Offense. A person commits an offense if the person:
- Engages in hazing.
- Solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing.
- Intentionally, knowingly, or recklessly permits hazing to occur.
- Has firsthand knowledge of the planning of a specific hazing incident involving a student in an educational institution, or firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report said knowledge in writing to the Dean of Students or other appropriate officials of the institution.
- Organization Hazing Offense. "Organization" means a fraternity, sorority, association, corporation, order, society, corps, cooperative, club, or service, social, or a similar group, whose members are primarily students at an educational institution. An organization commits an offense if the organization:
- Condones or encourages hazing.
- If an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing.
- Failure to comply with directions of College officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
- Unauthorized possession, duplication or use of keys to any College premises or unauthorized entry to or use of College premises.
- Violation of any College policy, rule, or regulation published in hard copy or available electronically on the College website.
- Violation of any federal, state or local law.
- Use, possession, manufacturing, or distribution of marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by law.
- Use, possession, manufacturing, or distribution of alcoholic beverages (except as expressly permitted by College regulations), or public intoxication. Alcoholic beverages may not, in any circumstance, be used by, possessed by or distributed to any person under twenty-one (21) years of age.
- Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on College premises or use of any such item, even if legally possessed, in a manner that harms, threatens or causes fear to others.
- Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of the College and/or infringes on the rights of other members of the College community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.
- Obstruction of the free flow of pedestrian or vehicular traffic on College premises or at College-sponsored or supervised functions.
- Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on College premises or at functions sponsored by, or participated in by, the College or members of the academic community. Disorderly conduct includes but is not limited to any unauthorized use of electronic or other devices to make an audio or video record of any person while on College premises:
- Without his/her prior knowledge.
- Without his/her effective consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom.
- Theft or other abuse of computer facilities and resources, including but not limited to:
- Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
- Unauthorized transfer of a file.
- Use of another individual’s identification and/or password.
- Use of computing facilities and resources to interfere with the work of another student, faculty member or College official.
- Use of computing facilities and resources to send obscene or abusive messages.
- Use of computing facilities and resources to interfere with normal operation of the College computing system.
- Use of computing facilities and resources in violation of copyright laws.
- Any violation of the College Computer Use Policy
- Abuse of the Student Conduct System, including but not limited to:
- Failure to obey the notice from a Student Conduct Board or College official to appear for a meeting or hearing as part of the Student Conduct System.
- Falsification, distortion, or misrepresentation of information before a Student Conduct Board.
- Disruption or interference with the orderly conduct of a Student Conduct Board proceeding.
- Institution of a Student Code of Conduct proceeding in bad faith.
- Attempting to discourage an individual’s proper participation in, or use of, the student conduct system.
- Attempting to influence the impartiality of a member of a Student Conduct Board prior to, and/or during the course of, the Student Conduct Board proceeding.
- Harassment (verbal or physical) and/or intimidation of a member of a Student Conduct Board prior to, during, and/or after a Student Code of Conduct proceeding.
- Failure to comply with the sanction(s) imposed under the Student Code of Conduct.
- Influencing or attempting to influence another person to commit an abuse of the Student Conduct system.
- Students are required to engage in responsible social conduct that reflects credit upon the College community and to model good citizenship in any community.
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Violation of Law and College Discipline
- College disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code of Conduct (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Associate Vice President of Student Services.
- Determinations made or sanctions imposed under this Student Code of Conduct shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of College rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
- When a student is charged by federal, state, or local authorities with a violation of law, the College will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also being processed under the Student Code of Conduct, the College may advise off-campus authorities of the existence of the Student Code of Conduct and of how such matters are typically handled within the College community. The College will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the College community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.
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Article IV: Student Code of Conduct Procedures
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Charges and Student Conduct Board Hearings
- Any member of the College community may file charges against a student for violations of the Student Code of Conduct. A charge shall be prepared in writing and directed to the Student Conduct Administrator. Any charge should be submitted as soon as possible after the event takes place, preferably within 30 days.
- The Student Conduct Administrator may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the Student Conduct Administrator. Such disposition shall be final and there shall be no subsequent proceedings. If the charges are not admitted and/or cannot be disposed of by mutual consent, the Student Conduct Administrator may later serve in the same matter as the Student Conduct Board or a member thereof. If the student admits violating institutional rules, but sanctions are not agreed to, subsequent process, including a hearing if necessary, shall be limited to determining the appropriate sanction(s).
- All charges shall be presented to the Accused Student in written form. A time shall be set for a Student Conduct Board Hearing, not less than five nor more than fifteen calendar days after the student has been notified. Maximum time limits for scheduling of Student Conduct Board Hearings may be extended at the discretion of the Student Conduct Administrator.
- Student Conduct Board Hearings shall be conducted by a Student Conduct Board according to the following guidelines except as provided by article IV(A)(7) below:
- Student Conduct Board Hearings normally shall be conducted in private.
- The Complainant, Accused Student, and their advisors, if any, shall be allowed to attend the entire portion of the Student Conduct Board Hearing at which information is received (excluding deliberations). Admission of any other person to the Student Conduct Board Hearing shall be at the discretion of the Student Conduct Board and/or the Student Conduct Administrator.
- In Student Conduct Board Hearings involving more than one Accused Student, the Student Conduct Administrator, in his or her discretion, may permit the Student Conduct Board Hearings concerning each student to be conducted either separately or jointly.
- The Complainant and the Accused Student have the right to be assisted by an advisor they choose, at their own expense. The advisor must be a member of the College community and may not be an attorney. The Complainant and/or the Accused Student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in any Student Conduct Board Hearing before a Student Conduct Board. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Student Conduct Board Hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor.
- The Complainant, the Accused Student, and the Student Conduct Board may arrange for witnesses to present pertinent information to the Student Conduct Board. The College will try to arrange the attendance of possible witnesses who are members of the College community, if reasonably possible, and who are identified by the Complainant and/or Accused Student at least two weekdays prior to the Student Conduct Board Hearing. Witnesses will provide information to and answer questions from the Student Conduct Board. Questions may be suggested by the Accused Student and/or Complainant to be answered by each other or by other witnesses. This will be conducted by the Student Conduct Board with such questions directed to the chairperson, rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved in the discretion of the chairperson of the Student Conduct Board.
- Pertinent records, exhibits, and written statements (including Student Impact Statements) may be accepted as information for consideration by a Student Conduct Board at the discretion of the chairperson.
- All procedural questions are subject to the final decision of the chairperson of the Student Conduct Board.
- After the portion of the Student Conduct Board Hearing concludes in which all pertinent information has been received, the Student Conduct Board shall determine (by majority vote if the Student Conduct Board consists of more than one person) whether the Accused Student has violated each section of the Student Code of Conduct which the student is charged with violating.
- The Student Conduct Board’s determination shall be made on the basis of whether it is more likely than not that the Accused Student violated the Student Code of Conduct.
- Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Code of Conduct proceedings.
- There shall be a single verbatim record, such as a tape recording, of all Student Conduct Board Hearings before a Student Conduct Board (not including deliberations). Deliberations shall not be recorded. The record shall be the property of the College.
- If an Accused Student, with notice, does not appear before a Student Conduct Board Hearing, the information in support of the charges shall be presented and considered even if the Accused Student is not present.
- The Student Conduct Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Accused Student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of the Associate Vice President of Student Services to be appropriate.
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Sanctions
- The following sanctions may be imposed upon any student found to have violated the Student Code of Conduct:
- Warning - A notice in writing to the student that the student is violating or has violated institutional regulations.
- Probation - A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period.
- Behavior Contract - A written agreement that details clear expectations of the student in carrying out an intervention plan. Behavior Contracts may include referral to a counselor, participation in a monitored supervision plan, signing a “no contact” order prohibiting contact with an individual or individuals, submission to random drug testing for a specific period of time, restriction from a certain campus location, loss of parking privileges, or other stipulations appropriate to the Student Code of Conduct violation.
- Loss of Privileges - Denial of specified privileges for a designated period of time.
- Fines - Previously established and published fines may be imposed.
- Restitution - Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
- Withdrawal from a course or courses with a grade of "W” (Withdrawal).
- Discretionary Sanctions - Discretionary Sanctions include, but are not limited to, work assignments, essays, service to the College, or other related discretionary assignments.
- 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.
- College Expulsion - Permanent separation of the student from the College.
- Revocation of Admission and/or Degree - Admission to or a degree awarded from the College may be revoked for fraud, misrepresentation, or other violation of College standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
- Withholding Degree - The College may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Code of Conduct, including the completion of all sanctions imposed, if any.
- More than one of the sanctions listed above may be imposed for any single violation.
- (a) Other than College expulsion or revocation or withholding of a degree, disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s disciplinary record. Upon graduation, the student’s disciplinary record may be expunged of disciplinary actions other than College suspension, College expulsion, or revocation or withholding of a degree, upon application to the Student Conduct Administrator. Cases involving the imposition of sanctions other than College suspension, College expulsion or revocation or withholding of a degree shall be expunged from the student’s confidential record eight (8) years after final disposition of the case.
(b) In situations involving both an Accused Student(s) (or group or organization) and a student(s) claiming to be the victim of another student’s conduct, the records of the process and of the sanctions imposed, if any, shall be considered to be the education records of both the Accused Student(s) and the student(s) claiming to be the victim because the educational career and chances of success in the academic community of each may be impacted.
- The following sanctions may be imposed upon groups or organizations:
- Those sanctions listed above in article IV(B)(1)(a),(b),(d),(e),(f).
- Loss of selected rights and privileges for a specified period of time.
- Deactivation. Loss of all privileges, including College recognition, for a specified period of time.
- In each case in which a Student Conduct Board determines that a student and/or group or organization has violated the Student Code of Conduct, the sanction(s) shall be determined and imposed by the Student Conduct Administrator. In cases in which persons other than, or in addition to, the Student Conduct Administrator have been authorized to serve as the Student Conduct Board, the recommendation of the Student Conduct Board shall be considered by the Student Conduct Administrator in determining and imposing sanctions. The Student Conduct Administrator is not limited to sanctions recommended by members of the Student Conduct Board. Following the Student Conduct Board Hearing, the Student Conduct Board and the Student Conduct Administrator shall advise the Accused Student, group and/or organization (and a complaining student who believes s/he was the victim of another student’s conduct) in writing of its determination and of the sanction(s) imposed, if any.
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Interim Suspension
In certain circumstances, the Associate Vice President of Student Services, or a designee, may impose a College suspension prior to the Student Conduct Board Hearing before a Student Conduct Board.
- Interim suspension may be imposed only: 1) to ensure the safety and well-being of members of the College community or preservation of College property; b) to ensure the student’s own physical or emotional safety and well-being; or c) if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the College.
- During the interim suspension, a student shall be denied access to the campus (including classes) and/or all other College activities or privileges for which the student might otherwise be eligible, as the Associate Vice President of Student Services or the Student Conduct Administrator may determine to be appropriate.
- The interim suspension does not replace the regular process, which shall proceed on the normal schedule, up to and through a Student Conduct Board Hearing, if required.
- The student shall be notified in writing of this action and the reasons for the suspension. The notice will include the time, date, and place of a subsequent hearing at which the student may show cause why his or her continued presence on the campus does not constitute a threat, and at which they may contest whether a campus rule was violated.
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Appeals
- A decision reached by the Student Conduct Board or a sanction imposed by the Student Conduct Administrator may be appealed by the Accused Student(s) or Complainant(s) to an Appellate Board within five (5) school days of the decision. Such appeals shall be in writing and shall be delivered to the Student Conduct Administrator or his or her designee.
- Except as required to explain the basis of new information, an appeal shall be limited to a review of the verbatim record of the Student Conduct Board Hearing and supporting documents for one or more of the following purposes:
- To determine whether the Student Conduct Board Hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the Student Code of Conduct was violated, and giving the Accused Student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
- To determine whether the decision reached regarding the Accused Student was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Student Code of Conduct occurred.
- To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code of Conduct which the student was found to have committed.
- To consider new information, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original Student Conduct Board Hearing.
- If an appeal is upheld by the Appellate Board, the matter shall be returned to the original Student Conduct Board and Student Conduct Administrator for re-opening of Student Conduct Board Hearing to allow reconsideration of the original determination and/or sanction(s). If an appeal is not upheld, the matter shall be considered final and binding upon all involved.
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Article V: Interpretation and Revision
- Any question of interpretation or application of the Student Code of Conduct shall be referred to the Associate Vice President of Student Services or his or her designee for final determination.
- The Student Code of Conduct shall be reviewed annually under the direction of the Associate Vice President of Student Services.
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