Have a question you can’t find here? E-mail Holly Mason at mason.536@mail.cotc.edu​​

Conduct Policies and Forms

• 6.1.01 Concern and Feedback Policy
• 6.1.03 Code of Student Conduct

General Conduct Process​ ​

I received a letter in the mail, an email or a phone call asking me to contact the Office of Student Life – Student Conduct. What does this mean? 

It most likely means that an incident report (“complaint”) containing your name has been filed with the Office of Student Life and that the report indicates that you may have been involved with a violation of the Code of Student Conduct. You should follow the instructions in the message and set up a meeting with the appropriate case manager (usually the Associate Dean of Students) as soon as possible. If the communication contains a specific date and time for a meeting, then you are expected to appear for that meeting or call our office to reschedule if you have a conflict.

We might have contacted you because you are a complainant (the term we use to describe a potential victim or a reporting party) or a witness in case we are investigating. Please follow the directions to set your appointment. Even if you do not want to pursue a complaint or participate as a witness, we encourage you to nonetheless schedule a meeting so that we can explain the student conduct process and answer any questions you might have. This allows you to make an informed decision on whether to participate.

What are my options if it is alleged that I violated a policy? 

Students can choose to resolve their conduct cases in one of two ways:

• Administrative Decision: Students accept responsibility for violating the Code of Student Conduct. The conduct administrator will keep the case and determine appropriate sanctions. Students who request an administrative decision may still submit an appeal, but may do so only upon the ground that the sanction is grossly disproportionate to the violation committed. They give up the right to appeal on the grounds of substantial new evidence or procedural error.
• Administrative Hearing: Students will meet with a hearing officer to review charges and move to resolve the disputed charges. Students will be allowed to produce relevant evidence and witnesses. Although hearing are designed to be informal, they should be taken seriously. All participants are expected to conduct themselves in a respectful and truthful manner. Students may bring one advisor to the hearing, but the advisor can not also serve as a witness.

Who can file a complaint or an incident report? 

Anyone can file an incident report. Students simply need to document an incident with Safety and Security or speak with a staff member in the Office of Student Life.

Does double jeopardy apply? Can I go through the courts AND the College/University judicial system? 

Double jeopardy does not apply since the college is dealing with violations of the Code of Student Conduct and the college’s expectations of its students. A student may be arrested and charged for a crime AND required to go through our process for the same alleged conduct. More often, though, a student proceeds solely through the conduct process.

There are significant differences between the criminal justice system and the work we do with students.

• To find a violation, we use the “preponderance of evidence” standard, which is not as high as the standard used in criminal justice proceedings.
• When deciding what evidence to use to reach a decision, we do not follow rules of evidence that one would find in a civil or criminal court. Rather we ask only that the evidence be relevant to the allegations at issue.
• While students can have an attorney as an advisor, the student always represents him or herself.
• Overall, students should find our process to be less formal, more engaging and more individually tailored than the criminal justice system.
• In some cases, students risk separation from the college as a result of a student conduct investigation and hearing. Even though or process is not as formal as a criminal justice proceeding, students should nonetheless take it seriously and conduct themselves in a respectful and professional manner.

What happens if I choose not to respond to requests from the Office of Student Life to meet, choose not to appear for a scheduled meeting, or choose not to comply with a sanction? 

If you don’t make the appointment within the prescribed period of time or fail to appear for a scheduled appointment, the Office of Student Life may place a hold on your records and an additional violation of failing to comply could result. If you fail to appear for a scheduled hearing or meeting after formal charges have been issued, a decision may be made in your absence.

If you fail to comply with the terms of an assigned sanction, you can be charged with Failure to Comply and/or a hold may be placed on your record. The results of such a charge will most likely be more severe than the original sanction.

If I am involved in an incident off-campus, can the college take action against me?

The Code of Student Conduct applies to both on-campus conduct and off-campus conduct in certain circumstances. Please review the Code to better understand jurisdiction.

Can I withdraw from school in order to resolve a complaint?

No. The student disciplinary process will continue, even if you withdraw from school. In addition, there may be a hold on your records and registration that will keep you from withdrawing and obtaining transcripts. Resolving allegations of misconduct through the student disciplinary process is an obligation you have as a student.

What can I expect if I choose to have a preliminary conference?

During the preliminary conference, a hearing officer will explain the student conduct process. Our goal is to address and concerns or confusion you might have. We recognize that for many of the students we meet, this is their first experience with an educational discipline process.

The preliminary conference also provides the respondent an opportunity to explain the incident at issue, identify other individuals with relevant information and provide materials helpful to the investigation. If necessary, we can schedule a second conference to allow the student time to gather relevant information to share with the hearing officer.

One more note about the preliminary conference: Students have the right to bring one advisor with them to all meetings at our office. The student (respondent) has the primary responsibility for presenting their side of the case with the Advisor involved in an advisory and supportive capacity. The advisor may support you (i.e., whisper or write notes to you), but they may not speak for you or represent you.

Sanctions

​What are sanctions?

Sanctions are a type of penalty or restriction placed upon a student found to be in violation of the Code of Student Conduct. Typically, sanctions are designed to be educational and are intended to assist the student in making more effective decisions for themselves in the future.

Disciplinary Sanctions:

• Formal reprimand. A written notice to students that their behavior was unacceptable. We evaluate every case individually, but generally, we give a formal reprimand only for minor first-time violations. A formal reprimand in NOT noted on a student’s academic transcript, but it does become a part of the student’s disciplinary record.
• Probation. This is a state of warning. Further violation of college rules, policies, standards, or guidelines during the probationary period will additionally be viewed as a violation of the probation, which shall result in further action up to and including suspension or dismissal. Probation can last from one semester to multiple semesters or indefinitely. By itself, probation usually does not affect a student’s ability to register for classes or other aspects of enrollment, such as living in a residence hall.
• Suspension. This is period of separation from the college for one or more semesters. Once suspended, a student is withdrawn from classes. The student will NOT receive credit for those classes. Once suspended, a student is barred from campus and may NOT attended sponsored college events or activities. A student who completes all required sanctions will be welcomed back to the college at the end of the suspension period. Though, sometimes the student’s return comes with stipulations (e.g. not permitted to live on campus, restricted to online classes only, participation is limited in certain activities, restricted from certain campus area or buildings).
• Dismissal. This is a permanent separation from the college. When we dismiss a student, the student is withdrawn from classes. Once dismissed, the student is permanently barred from campus. Unlike academic dismissal, a student cannot later petition to re-enroll.
• Educational sanctions. Educational sanctions prompt students to reflect on their conduct, become better informed and develop new skills so that they can make better choices going forward. On a case-by-case basis, we consider appropriate educational sanctions to address the specific behavior involved (e.g. drug and/or alcohol assessment or educational/reflective assignments).

How do you determine sanctions? 

Sanctions are determined using a variety of factors including the nature and severity of the violation, related circumstances, impact on the campus/community, past history, precedent, and educational value of the sanction.

What if I am already on probation and commit another violation? 

Further violation of college policies during the probationary period will be viewed not only as the act itself, but also as a violation of the probation, which could result in, suspension or dismissal. Thus, you should be extremely thoughtful about your behavior and should make every effort to avoid future violations. All students are responsible for knowing the Code of Student Conduct which can be found in the policies section of this FAQ section.

Confidentiality and Notification​

Besides myself who else is notified about my involvement in the conduct process?

The college conduct system is based on confidentiality, however, parents and/or spouses may potentially be notified. Students have the opportunity to complete a FERPA waiver that waives their right to privacy to allow release of information to individuals that the student designates. The college can choose to notify parents even when a student has requested that it not do so, but only in specific and extenuating circumstances. Regardless of the above, we encourage students to discuss their behavior and related consequences with their loved ones. If you have given us permission to notify anyone, they will receive a copy of the outcome a few days after your case is resolved.

I want continue in higher education. Will potential schools find out about my disciplinary history? 

Possibly. Some undergraduate institutions solicit this information during the admissions/transfer process. Many graduate, law and medical schools requested information about a student’s disciplinary history. Students who are sanctioned with any form of separation from the college will have a permanent conduct file at the college. Students who are assigned a sanction less than suspension will have a conduct file for the period of seven years after the last semester of enrollment.

Keep in mind that your disciplinary history may or may not affect your admission. You will want to discuss your history with the admissions staff of the potential schools if you are concerned.

I was involved with an issue in the Newark Residence Hall; could this be reported to the Office of Student Life?

Yes at the discretion of the Newark Housing Coordinator and the Office of Student Life.

Appeals

Can I appeal the outcome of my administrative hearing? 

The Code of Student Conduct provides students the right to appeal the original decision resolving their charges. The specific grounds upon which students can appeal:

• Procedural error that resulted in material harm or prejudice to the student (i.e. by preventing a fair, impartial or proper hearing). Deviations from the designated procedures will not be a basis for sustaining an appeal unless material harm or prejudice results;
• Discover of substantial new evidence that was unavailable at the time of the hearing and which reasonably could have affected the decision of the hearing officer; or
• Disciplinary sanction imposed is grossly disproportionate to the violation(s) committed, considering the relevant aggravating and/or mitigating factors.

Students have five business days to submit their appeal. Students experiencing extraordinary circumstances may request a reasonable extension from the Student Conduct staff member who sent the outcome. Granted extensions rarely exceed four additional business days.

Students can only appeal ONCE. Thus if you are later surprised by the affect your suspension date had, for example, on your financial aid and you did not include that information in your appeal, there is no recourse.

Student Conduct does NOT accept or process appeals regarding grades or academic dismissal related to grades. Students should seek direction from their academic advisor or the Office of Academic Affairs.

Will I have the opportunity to talk with the person or committee that reviews my appeal? 

In general, the student’s written appeal and the case record are reviewed by the appeals officer/board, and the student will not be asked to appear.​