Purpose
CCS has established these regulations regarding standards of conduct in order to protect its educational mission, provide for the orderly conduct of its activities and safeguard the interests of the CCS community. These regulations are intended to give students general notice of prohibited conduct and are not designed to define misconduct in all-inclusive terms. All students, regardless of their status in the CCS community, shall be afforded the rights and privileges of due process when accused of violations of this Code.
Judicial Officers
The Dean of Students retains the ultimate responsibility for the administration of this system. The Dean of Students or his/her designee expressly retains final authority to determine the following:
a. jurisdiction of any judicial meetings in any given case where ambiguity exists.
b. whether a violation of this Code shall be adjudicated by a judicial meeting.
c. whether a violation or serious criminal act, occurring off campus, shall be adjudicated by the CCS judicial system.
d. how violations of this Code are to be adjudicated at the end of the academic year and during the summer session.
The Dean of Students, or his/her designee, will review judicial complaints for violations that occur outside of student housing. If the potential sanction based on either the violation or the student’s current judicial standing warrants possibly being suspended or dismissed from the College the case will be adjudicated in conjunction with the Vice President for Enrollment and Student Services.
The Residence Life professional staff will review judicial complaints for violations that occur within student housing. If the potential sanction based on either the violation or the student’s current judicial standing warrants possibly being removed from student housing, the case will be referred to the Dean of Students.
Judicial officers are responsible for reviewing the information surrounding an alleged violation. This may include interviewing witnesses, the accused student(s), visiting the sight of the alleged violation and reviewing Campus Safety information.
General Provisions
CCS reserves the right to amend any provision herein at any time in accordance with established CCS procedures. Communication of any changes will be made to the CCS community in an appropriate and timely fashion.
This judicial system shall apply to conduct that occurs on CCS property (all land, buildings, facilities or other property in the possession of or owned, used or controlled by CCS, including adjacent streets and sidewalks) and to conduct that occurs elsewhere during the course of a CCS function. Actions not committed on CCS property may also be subject to judicial action if the offense adversely affects CCS and/or the pursuit of its objectives.
When behavior in classrooms is determined to be disruptive by instructors, the instructor can remove the student from the remainder of the class. The disruptive behavior is then to be reported to the Dean of Students for follow up. If the disruptive behavior continues, or is of a nature that warrants removal from the class, the student could be disciplinarily withdrawn from the class.
The actions of a student organization involved in CCS-related activities or CCS-sponsored activities that are in violation of CCS regulations may result in disciplinary action against the organization as well as the students involved.
Students may be accountable to both civil authorities and to CCS for acts that constitute violations of the law and the Code of Student Conduct. Disciplinary action at CCS will normally occur pending criminal proceedings and will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced.
Inappropriate behavior that may have been influenced by a student’s mental state (regardless of the ultimate evaluation) or use of drugs or alcoholic beverages shall not in any way limit the responsibility of the student for the consequences of his or her action.
Ultimately the judicial officer must decide if the student is responsible for the alleged violation. In cases where the evidence is not 100% clear, the judicial officer’s decision will fall in the direction in which there is a preponderance (51%) of evidence. Students being charged with a violation of the Code of Conduct will have the opportunity presented to them to speak on their behalf. In the event that a student fails to participate in the judicial process, the case may be heard in their absence. Efforts to accommodate class schedule and extenuating circumstances will be made by all CCS personnel.
Sanctions
In recommending or determining a sanction, a judicial officer shall consider all relevant factors, including the nature of the offense, the severity of any damage, injury or harm resulting from the offense, the student’s current demeanor and the student’s past disciplinary record, if any. Sanctions include, but are not limited to:
- Warning
- Disciplinary Probation
- Disciplinary Withdrawal from class(es)
- Suspension
- Dismissal
- Community Service Hours
- Removal from Student Housing if applicable
- Educational Project
Interim Sanctions
For alleged violations of this Code, interim sanctions may be imposed, however, only when there is reason to believe that the student poses a substantial threat in terms of harm to others, damaging CCS property or will disrupt the stability and continuance of normal CCS operations and functions. Interim sanctions are temporary actions that will be enforced only until such time as a formal judicial decision can be made. The required formal meeting shall be provided within a reasonable length of time, which, unless unusual circumstances are present, shall be held not later than 10 calendar days from the date the student was notified of the alleged violations and interim sanctions. Interim sanctions cannot be appealed prior to the required formal student judicial meeting.
Reports of Alleged Violations
If an alleged violation takes place, the report should be filed with the Office of Student Affairs. Any student, faculty member or staff member may report an alleged violation of a student or student group/organization to the Office of Student Affairs. Reports should be in writing.
CCS may file appropriate charges against students accused of violating the Code of Student Conduct. Such charges shall be filed no later than 4 months after the discovery of the alleged violation and the identity of the student(s) involved. If a student has withdrawn or withdraws after the filing of such charges, either (1) a judicial hold will be placed on their student account which will restrict their ability to register for future classes and the student notified that disciplinary action may be required prior to the judicial hold being removed, or (2) CCS will proceed to take disciplinary action under the provisions of the Code.
Judicial Meetings
Upon the filing of charges, CCS may schedule a judicial meeting with the accused
student(s) at which the nature of and the responsibility for the alleged offense are discussed. The judicial officer conducting the judicial meeting may withdraw any charge deemed to be without basis. Written notice of the judicial charges and meeting time will be sent to the accused student.
If an accused student fails to appear at a scheduled judicial meeting following proper written notification, the designated judicial officer may review the evidence in support of the charges and render a decision. Findings and sanctions, if applicable, will be based on the evidence and not on the accused student’s failure to appear.
Appeal Process
A student found in violation of the Code of Student Conduct may appeal the findings and/or sanctions. A letter of appeal must be submitted in writing to the judicial officer who handled their case within 3 calendar days from the date of the student’s receipt of the official decision. The judicial officer will forward the appeal letter to the next administrative level for review, with the exception of the Vice President for Enrollment and Student Services who serves as the highest ranking judicial officer. Failure to appeal within the allotted time will render the original decision final and conclusive.
The imposition of sanctions will be deferred pending appellate proceedings. The administrator reviewing the appeal will examine the judicial file, conduct interviews as deemed necessary and render a decision regarding the appeal within 7 calendar days in writing.
Disciplinary Files and Records
The Office of Student Affairs shall maintain disciplinary records for no longer than 5 years, except in cases of suspension and expulsion. Such information shall be maintained in accordance with the provisions of the Family Educational Rights and Privacy Act (FERPA). Disciplinary records shall be made available to judicial officers and other CCS officials as necessary.
Students may arrange to review their own disciplinary records by contacting the Office of Student Affairs. Disciplinary proceedings shall be confidential.
With the exception of cases involving suspension and dismissal, disciplinary records will be destroyed not later than 5 years after a student’s graduation or last recorded semester of attendance at CCS.