Conduct Review Process

Initiation of Review Process

Champlain College emphasizes the development of student character and ethical conduct. The conduct review process is initiated when the College receives information regarding an alleged violation of College policy, including the Student Code of Conduct. Alleged violations of the College¡¯s Student Code of Conduct (including certain conduct that may also violate the College¡¯s Academic Honesty policy), will be addressed through this conduct review process.

Reports of misconduct covered by this Conduct Review Process are referred to the Office of Community Standards, where the incident is reviewed for alleged violations of College policy. These alleged policy violations become the charges which will be brought by the College against the Responding Party through the Conduct Review Process.

In certain circumstances, a student or student organization may be issued an interim measure (such as an Interim Suspension) on an interim basis prior to a hearing. More information about Interim Measures can be reviewed in that section of the Conduct Review Process. Pertinent details are collected and statements of fact are recorded to the extent practicable and necessary in an effort to deal objectively with the issue. Conduct review process cases are adjudicated by Hearing Officers, who are professional staff members specifically trained and appointed by the College for this role.

Champlain College utilizes preponderance of evidence for its standard of evidence. A student is found responsible for violating the Student Code of Conduct or other College policies only if the information gathered shows that it is more likely than not that a policy violation occurred.

This Conduct Review Process does not apply to misconduct that is covered by a more specific College policy. For example, conduct that is prohibited by either the College¡¯s Sexual Misconduct Policy, Discrimination and Harassment Policy, or Bias Response Policy will be investigated and addressed as stated in each of those policies.

  • Electronic letters of expectation may be sent to Responding Parties to address quiet hours concerns, health and safety issues, or additional violations. These letters are noted in a Responding Party¡¯s community standards record and may be used in determining appropriate sanctions for future violations.

    If a Responding Party would like to discuss this letter they must contact the College official who sent the letter within five business days of receiving the letter.?Otherwise, the matter will be considered resolved.

  • Responding Parties accused of violating College policy will be scheduled to participate in the community standards process. An administrative hearing will be led by a Hearing Officer and all students alleged to be involved in violation(s) of College policy. Using the preponderance of the evidence standard, the Hearing Officer will determine whether it is more likely than not that the Responding Parties have been found in violation of the alleged policy violations.

    The Hearing Office will contact students via their College-issued email address, with the following information:

    • The alleged violation(s) of College policy the Responding Party is suspected of violating;
    • A date, time, and location of the scheduled hearing with the Hearing Officer;
    • Information on seeking accommodations within the community standards process through the Office of Accessibility;
    • The contact information for the Hearing Officer to answer questions.

    At the conclusion of the administrative hearing process, the Hearing Officer will make individual findings of responsibility for each Responding Party and each alleged policy violation. Once a decision on responsibility has been made, the Hearing Officer will determine appropriate sanctions, if applicable. A list of possible sanctions is listed below under the Sanctions segment of this policy.

    Once the finding of responsibility and associated sanction(s) (if applicable) have been determined, the Hearing Officer will contact each Responding Party in writing via email with the following information:

    • The finding of responsibility for each alleged violation of College policy;
    • The Hearing Officer¡¯s rationale for the finding of responsibility;
    • A description of any associated sanction(s), if applicable;
    • Information about the appeal process;
    • The contact information for the Hearing Officer.

    Once a Responding Party receives their hearing outcome, the matter is considered closed pending the completion of any assigned sanction(s) or pending the submission of an appeal of a community standards decision.

  • Alleged commission of the following violations may result in interim suspension. Being found responsible for violating these policies may result in Disciplinary Suspension or Dismissal from the College.

    Note that the following list is not exhaustive:

    • Repeated pattern of alcohol, cannabis, or other drug use;
    • Distribution or evidence of intent to distribute alcohol, cannabis, or other drugs;
    • Possession or Misuse of Weapons;
    • Instigating a riot or other disruption as described in the Safe Campus Demonstrations Policy;
    • Arson, attempted arson, causing a false fire alarm, tampering with fire safety and/or life safety equipment;
    • Physical assault, threatening behavior, violation of the Dangerous & Disruptive Policy;
    • Sexual Misconduct as outlined in the Sexual Misconduct Policy;
    • Committing or planning to commit discrimination or harassment;
    • Committing or planning to commit hazing;
    • Repeated violations of College policy.

  • The advisor in a community standards process may be any one of the Responding Party¡¯s choosing. Advisors are not permitted to speak during the community standards proceeding, though they may confer and speak privately to the Responding Party.

    Serving as an advisor during a sexual misconduct hearing is different from service as an advisor during other hearings. Please see the Sex Discrimination and Sexual Misconduct Policy for more information.

    When selecting an advisor, students should remember that the advisor may not be fully aware of the community standards process and is probably not an expert in conduct proceedings. All advisors are expected to review the Student Code of Conduct and abide by College policies throughout the process.

    The advisor can assist the Responding Party with the following:

    • Reviewing and understanding the alleged violation(s) and community standards process;
    • Prepare the Responding Party to share their perspective of what occurred in an alleged incident;
    • Think of questions to ask during a hearing;
    • Take notes during a hearing;
    • Help keep the Responding Party calm and in control during a hearing;
    • Provide moral support to the Responding Party prior to, during, and after the proceedings.

Outcomes

  • Student(s) or a student organization(s) found responsible for violating the Student Code of Conduct will be sanctioned based on the specific violation(s), the severity of the violation(s), and the cumulative conduct history of the student(s) or student organization(s).

    The College reserves the right to issue interim measures when deemed necessary to address reported behavior(s) pending a hearing. Further information about interim measures can be found in that section of this Policy.

    The following is a list of sanctions that may be imposed on a student(s) for violations of College policy. These sanctions include, but are not limited to, the following:

    • Completion of an Educational Program: A student is required to complete a class or project, or offer an educational program to other students.
    • Loss of Privileges: A student is required to refrain from participating in a College-sponsored activity or visiting specific residence halls or other campus facilities for a specified amount of time.
    • Parental Notification: Champlain may contact a student’s parent or guardian to inform them of the student’s involvement in the community standards process, the finding of responsibility, and associated sanctions (if applicable). Parental notification commonly occurs when students have been found responsible for violating the College¡¯s Alcohol, Cannabis and other Drug Policy, when a sanction of Disciplinary Probation or higher has been assigned, or for other conduct where parental/guardian notice is deemed to be appropriate.
    • Referral: A student referred to a College employee, College office, or outside agency specializing in the assessment and/or evaluation of behavior may be required as a condition of any sanctions listed above.
    • Restitution: A student may be required to make financial or other restitution for damages or violations of the Student Code of Conduct when deemed appropriate by the College. An apology may also be considered as a form of restitution assigned by the College.
    • Disciplinary Warning: A student receives a written warning that College policy has been violated and that further activity of a similar nature may result in more severe College action.
    • Residential Probation: A status that may be imposed on a student for behavior that indicates unwillingness or inability to accommodate the regular demands of residential living. Further violations of College policy may result in more serious disciplinary action, potentially including dismissal from a residence hall. A student on Residential Probation is considered ¡°not in good standing¡± by the Office of Community Standards and Champlain College.
    • Disciplinary Probation: A status that may be imposed for behavior that indicates severe or repeated violations of College policy. This sanction specifics a period of probation. Further violations of College policy may result in more serious disciplinary action, potentially including dismissal from a residence hall and/or suspension and/or dismissal from Champlain College. A student on Disciplinary Probation is considered ¡°not in good standing¡± by the Office of Community Standards and Champlain College.
    • Suspension or Dismissal from Housing: A student is required to leave College housing either temporarily or permanently.
    • Disciplinary Suspension: A student may be suspended from the College meaning they no longer have access to any College services and lose the privilege of continuing in online or on-site classes for a defined period.
    • Dismissal: A student is permanently dismissed from the College and is prohibited from participating in any College activity, class or College- sponsored program, and, if applicable, from receiving a degree from the College, regardless of the progression of the student¡¯s accumulation of credits at the time the policy violation is found to have occurred.
    • Other sanctions: Additional or alternate sanctions may be imposed as deemed appropriate to the violation.

  • Sanctions that may be imposed for cases involving student organizations, student clubs, and varsity sports include, but are not limited to, the following:

    • Disciplinary Warning: A student organization receives a written warning that College policy has been violated and that further activity of a similar nature may result in more severe College action.
    • Disciplinary Probation: A status that may be imposed for behavior that indicates severe or repeated violations of College policy. This sanction specifics a period of probation. Further violations of College policy may result in more serious disciplinary action, potentially including deactivation, loss of recognition, loss of funding, and loss of other privileges for a specified period.
    • Loss of College Privileges & Services: Loss of College privileges and services includes, but is not limited to, loss of space reservation privileges, the loss of the ability to recruit new members, and the ability to receive and/or retain College funds.
    • Loss of Recognition: a designated period of time where a student organization loses recognition by the College and access to all College services. A student organization who has lost recognition must cease all organizational activities. Any attempts to operate the organization without recognition may result in additional disciplinary action for the organization and individual students.
    • Deactivation: the permanent loss of recognition as a student organization by the College. A student organization that has had its recognition withdrawn must cease all organizational activities. Additionally, members of the student organization must delete the organization’s social media presence. The name of the organization and all symbols associated with Champlain’s chapter shall be removed from all College property, including websites. Any attempts to operate the organization without recognition may result in additional disciplinary actions for the organization and involved students.

  • Educational sanctions provide student organizations the opportunity to review community standards expectations, understand how behavior can contribute to a positive and beneficial College experience, and learn of campus resources which support academic and co-curricular success. This may include, but is not limited to, the following:

    • Membership review.
    • Risk management training.
    • Hazing program/training/presentation.
    • Educational program – the organization is to host an educational program on a topic assigned by the Office of Student Engagement and/or Office of Community Standards. The program can be open to the entire College community, if deemed appropriate.
    • Mandatory follow-up – meetings between administrators from the Office of Student Engagement and/or Office of Community Standards and organizational leadership.
    • Educational presentation from a Champlain College administrator to the organization’s members.

Appeals

Students have the right to appeal findings of responsibility?made by their Hearing Officer. All appeals must be made in writing, written and submitted by the involved student, and must specify upon which grounds (herein) they are submitting their appeal. An appeal must be received within three (3) business days after the student has been informed of the decision.

The role of the Appeal Officer is limited. Appeals are not intended to be a full rehearing of the reported conduct. Appeals are confined to a review of the record on the grounds stated in the appeal. The student appealing carries the burden of proof to demonstrate that either the alleged procedural error, or the proposed new evidence, would significantly and materially affect the outcome of the proceeding, or there was a conflict of interest or actual bias for or against one of the involved parties that materially affected the outcome.

Students may appeal on the grounds that:

  1. There was a procedural error that unfairly affected the outcome.
  2. There is new information that was not reasonably available during the investigation and resolution process that would have affected the outcome.
  3. The Hearing Officer, investigator or decision-maker had a conflict of interest or actual bias for or against one of the parties that materially affected the outcome.
  4. The sanctions imposed are disproportionate to the nature and severity of the offense and the cumulative conduct history of the respondent.

  • All requests for appeal must be submitted within (3) business days after the student has been informed of the decision using the Student Code of Conduct Appeal form.?A link to this form is also included in the student’s outcome letter. This information is also available on the Office of Community Standards website. Once the appeal process concludes, the case is closed.

  • An Appellate Officer will make one of the following decisions after carefully reviewing an appeal:

    1. Original hearing outcome will stand;
    2. Original hearing outcome will stand but the Appellate Officer will adjust the sanction(s), as appropriate;
    3. The case may be returned to the original hearing officer, or a new one, to allow for reconsideration of the original finding.

Additional Provisions

  • Champlain College reserves the right to impose interim measures on students and student organizations pending a hearing in instances where a threat to the safety of the Champlain community, campus property, or the reputation of the College may exist. Such measures may include, but are not limited to:

    • No contact orders;
    • Interim loss of access to College facilities or services;
    • Interim removal from campus housing;
    • Interim removal from class;
    • Interim suspension.

  • If a student who is alleged to have violated a policy makes the decision to withdraw from Champlain College before findings and a determination of responsibility are made, the College will suspend the disciplinary process at the time of withdrawal. The College may continue to investigate the allegation as it deems appropriate in order to facilitate adjudication of the matter if the student seeks readmission at a later time. The student’s file will reflect that the matter is pending and that adjudication was suspended because of the withdrawal.

    If the student subsequently applies for readmission to the College, the Vice President for Student Affairs or designee will consider the application and such information as deemed appropriate, and will decide whether the student will be readmitted and, if so, whether any conditions or sanctions will be imposed upon re-enrollment. The decision of the Vice President or designee in such cases shall be final. The Vice President for Student Affairs may also refer the matter to the Office of Community Standards or their designee, who will hold a hearing and issue sanctions. In all cases, the matter must be adjudicated before the student will be permitted to re-enroll.

  • Students are not eligible for refunds if they are suspended or dismissed from Champlain College, removed from housing, or are subject to loss of any other privileges due to violations of the Student Code of Conduct.

Office of Community Standards

Location

Skiff Hall
163 South Willard St.
365体育官网, VT 05401

Office Hours

Monday – Friday
9:00 AM – 5:00 PM

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