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Code of Student Conduct

Ignorance is No Excuse

I. Mary Baldwin College Judicial Pledge II. Definition and Purpose of the Judicial Board III. Judicial Board Motto
IV. Authority, Scope and Interpretation of the Code V. Standards of Due Process VI. Violation of the law and the code
VII. Definitions VIII. Conduct Rules and Regulations IX. Search Policy
X. Individual Sanctions XI. Student Organizations/Club/Group Sanctions XII. Summary Suspension
XIII. Incident Reports XIV. Confidentiality XV. Relationship between Judicial Board/Honor Council/Cadet Conduct Council
XVI. Participation, Notification, Initial Meeting, and Selection of Process XVII. Resolution Procedures XVIII. Hearing Procedures
XIX. Hearing Body XX. Appeals XXI. Deferral of Sanctions
XXII. Student Conduct Files and Records  XXIII. Revision and Communication

 

The Mary Baldwin College (“MBC” or “College”) Code of Student Conduct (Code) identifies the rules governing Student conduct and the procedures employed to investigate and resolve alleged violations of the Code. The Judicial Board and the Office of Student Life are charged with the primary responsibility to regulate matters of Student conduct in the College community. The motto “Ignorance is No Excuse” means that all MBC students are expected to be familiar with the Code and its standards and to conduct themselves in accordance with its conduct rules.

All student inquiries concerning the Code should be directed to the current Judicial Board Chairwoman or to the Judicial Board’s Advisor.

I. Mary Baldwin College Judicial Pledge

As a Mary Baldwin College Student, I will respect myself and all members of the College community by upholding and supporting the Judicial Board Code of Student Conduct through my words, deeds, and actions.

II. Definition and Purpose of the Judicial Board

The Judicial Board is a Student board made up of one Chairwoman and up to 7 Student representatives. Judicial Board positions are peer elected and filled through the Student Government Association elections or by Chairwoman appointment. Members of the Judicial Board are held to the same Code standards as all MBC students. The Judicial Board exists to educate students about the Code, investigate alleged violations of the Code and, depending on the nature and severity of the alleged Code violation, to determine student responsibility and impose sanctions.

III. Judicial Board Motto

The motto of the Judicial Board is Ignorance is no excuse. This motto illustrates the expectation that all Students who enroll at MBC agree to abide by all of the College’s rules, regulations, and standards. Failure to abide by the Code may result in sanctions, including termination of a Student’s academic career at MBC.

IV. Authority, Scope, and Interpretation of the Code

The Code is established under the authority of the Student Government Association at MBC, in conjunction with the staff in the Office of Student Life.

Generally, the Code governs and regulates Student conduct that occurs on the College’s main campus or any building or property owned or used by the College in connection with its educational and other programs; or Student conduct that occurs off-campus that is disruptive, harmful, poses a reasonable concern for the safety and well-being of Students, faculty and/or staff, or that otherwise is harmful to the College’s purposes, mission and objectives.

The Code regulates off-campus Student conduct to promote and reinforce the following values and College goals:

  1. To prevent and reduce behavior that undermines Student academic success and that negatively detracts from the educational mission of the College;
  2. To promote and protect the health and safety of Students and other College community members;
  3. To provide timely intervention, support, and resources to those who may be struggling with substance abuse/addiction or other psychological issues; and
  4. To address Student conduct and activities that clearly conflict with the College’s interests and mission.

The Chairwoman and the Judicial Board Advisor, with the assistance of the Associate Vice President of Student Life, if needed, will determine if an off-campus incident involves Student conduct that falls within the scope of the Code.

The Chairwoman, the Judicial Board Advisor, and Representatives of the Judicial Board have the responsibility and authority to interpret the Code, with the assistance of the Associate Vice President of Student Life, as needed.

V. Standards of Due Process

Any Student charged with a violation of the Code has the right to request the assistance of a Student Advocate. Student requests for assistance should be made through the Lead Advocate. If a Student will be assisted by a Student Advocate, the student and/or the Student Advocate must notify the Initial Meeting Official or the Hearing presiding officer in writing at least 24 hours in advance of any scheduled Initial Meeting or Hearing.

Any Student charged with a violation of the Code is entitled to a Hearing before the members of the Judicial Board or with Administration, depending on the nature and severity of the charge, as provided for in Sections XVIII-XIX of this Code, except where the Student and the College agree to resolve the charge without a hearing, as provided for in Sections XVI-XVII of this Code.

The focus of a Student Conduct Proceeding is to determine whether the accused Student has engaged in conduct that violates the Code. Student Conduct Proceedings will not be governed by legal rules of evidence and deviations from the procedures prescribed in this Code will not invalidate any sanction decision or outcome, unless the deviation results in significant prejudice to the Student’s right to receive reasonable notice of the charges against her and the right to respond to the charges.

The standard used to determine if a violation of the Code has occurred shall be a preponderance of the evidence, meaning that it is more likely than not that a violation has occurred. The criminal standard of beyond a reasonable doubt shall not apply in Student Conduct Proceedings.

VI. Violations of the Law and the Code

Violations of College policy, rules or regulations, or federal, state, or local laws may result in a violation of the Code. Student Conduct Proceedings will generally proceed even if the conduct also results in action initiated by federal, state, or local law enforcement officials, or a private party, based on the same conduct, and the resolution of Student Conduct Proceedings will not be delayed or be dependent upon the outcome of any other criminal or civil proceeding.

VII. Definitions

When used in the MBC Code of Student Conduct, the terms below will be defined as follows:

  1. “Administration” means the staff in the Office of Student Life responsible for the adjudication of a Student Conduct Proceeding that has been referred by the Judicial Board for any reason. Adjudication of a Student Conduct Proceeding at this level will normally be handled by the Associate Vice President of Student Life, unless she designates someone else in the Office of Student Life to handle the adjudication of the Student Conduct Proceeding.
  2. “Bullying” means any written, electronic, or verbal communication, behavior, gesture, or any physical act that is threatening or intimidating which takes place on College Premises, online, in person, or at campus sponsored events and which (1) places a person in actual or reasonable fear of harm to her person or damage to her property or (2) creates a hostile environment by substantially interfering with or impairing a student’s educational performance, opportunities or benefits, or a student employee or leader’s ability to perform essential functions of her job or position.
  3. “CCC” refers to the Cadet Conduct Council and is a student board that is part of the Virginia Women’s Institute for Leadership (VWIL) and exists to investigate alleged violations of the VWIL Code of Conduct, and to determine if Student violations have occurred and, if so, to impose sanctions.
  4. “Code” means the Mary Baldwin College Code of Student Conduct.
  5. “College” means Mary Baldwin College.
  6. With respect to sexual behavior, “Consent” is an understandable exchange of affirmative words or actions, which indicate a willingness to participate in mutually agreed upon sexual activity. Consent must be informed and freely and actively given. The lack of a negative response is not Consent. An individual who is incapacitated by alcohol and/or drugs, either voluntarily or involuntarily consumed, may not give Consent. Past Consent for sexual activity does not imply or constitute ongoing future Consent.
  7. “College Official” means any person employed by the College or serving in a student leadership position in which that person is authorized by the College to perform administrative or professional duties. Examples of College Officials are Judicial Board Representatives, Honor Council Representatives, Resident Assistants, and Student Assistants.
  8. “College Premises” means all buildings, facilities, or grounds owned, leased, operated, controlled, or supervised by Mary Baldwin College, including adjacent streets and sidewalks.
  9. “Controlled Substance” means any drug, chemical, or substance whose possession and use is defined as a “Controlled Substance” under either state or federal law. Prescription medications may constitute a Controlled Substance under this Code if inappropriately possessed, used, or distributed.
  10. “Discrimination” means the unequal and unlawful treatment of another based on or because of the person’s race, color, creed, religion, gender, age, national origin, disability, military status, or sexual orientation.
  11. “Drug Paraphernalia” means all equipment, products, and materials of any kind which are either designed for use or which are intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, strength testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance.
  12. “Guest” means anyone who is not a student who is present on College Premises at the invitation and/or hosting of a Student. Non-residential Students who are visiting a residential Student in a residence hall shall also be considered a Guest.
  13. “Harassment” means physical or verbal conduct relating to an individual’s race, religion, national origin, or disability when the conduct creates an intimidating, hostile, or offensive working or educational environment; or substantially or unreasonably interferes with an individual’s education or work environment; or otherwise is sufficiently serious to limit an individual’s employment opportunities or to limit a student’s ability to participate in or benefit from the College’s education program.
  14. “Hate Crime” means (i) a criminal act committed against a person or his property with the specific intent of instilling fear or intimidation in the individual against whom the act is perpetrated because of race, religion, ethnic origin or sexual orientation or that is committed for the purpose of restraining that person from exercising his rights under the Constitution or laws of the Commonwealth of Virginia or of the United States, (ii) any illegal act directed against any persons or their property because of those persons’ race, religion, national origin or sexual orientation and (iii) all other incidents, as determined by law-enforcement authorities, intended to intimidate or harass any individual or group because of race, religion, national origin or sexual orientation.
  15. “Hazing” means an act which endangers the health or safety of a student or students or which inflicts bodily injury on a student or students or which destroys, damages, or removes public or private property with or as a condition for the purpose of initiation, admission into, affiliation with, or continued membership in a student group or organization regardless of whether the student or students so endangered or injured participated voluntarily in the activity. Apathy and acquiescence in the presence of Hazing are not neutral acts and may be violations of the Code.
  16. “HC” refers to the “Honor Council” and means a Student board made up of one Chairwoman and up to seven (7) Student representatives and which exists to educate students about the Honor sections of the Code, to investigate related alleged violations, and to determine if Student violations of the Honor Code have occurred and, if so, to impose sanctions.
  17. “Hearing Body” means, in Student Conduct Proceedings over which the Judicial Board retains jurisdiction, members of the Judicial Board and/or Honor Council designated and/or appointed by the Judicial Board Chairwoman to serve as a panel to determine whether a Student or a Student Club, Group or Organization has violated the Code and to determine the sanction, if any, for such violation. A Judicial Board Hearing Body is typically comprised of three (3) members. A Hearing Body member who has a bias about or an interest in the case should recuse herself. If the Hearing Body member refuses to recuse herself, the Judicial Board Chairwoman will make a decision about whether to remove that person from the Hearing Body. In any Student Conduct Proceeding heard by Administration, “Hearing Body” mean the members of the faculty and staff of the College, appointed by the Associate Vice President of Student Life to serve as the panel to determine if a Code violation has occurred and to determine the sanction, if any, for such violation. An Administration Hearing Body will be made up of two (2) faculty and staff members of the College appointed by Administration, and one (1) member designated by the charged Student.
  18. “Hostile Educational or Employment Environment” means one in which a person is subjected to harassment that is sufficiently serious as to limit an individual’s employment opportunities or that limits a student’s ability to participate in or benefit from the College’s educational program.
  19. “Investigating Committee” means a group appointed by the Judicial Board Chairwoman to investigate an alleged Code violation that shall proceed to a Hearing and to present the College’s position on the charge during the Hearing. The Investigating Committee shall be comprised of one member of the Judicial Board and two members of the Honor Council. In Student Conduct Proceedings adjudicated and heard by Administration, the Investigating Committee shall mean the member or members of the faculty and staff of the College appointed by the Associate Vice President of Student Life to investigate an alleged Code violation that shall proceed to a Hearing and to present the College’s position on the charge during the Hearing.
  20. “JB” refers to the “Judicial Board” and means a Student board made up of one Chairwoman and up to seven (7) Student representatives and exists to educate students about the Code, to investigate alleged violations, and to determine if Student violations have occurred and, if so, to impose sanctions.
  21. “Minor Violation” means a violation of the Code for which the possible sanctions are other than suspension and dismissal.
  22. “Nonconsensual Sexual Contact” (either direct or indirect) means engaging in any physical contact of a sexual nature, not otherwise described or included in the definition of Sexual Assault, which is performed without a person’s consent. Examples of Nonconsensual Sexual Contact include but are not limited to the intentional touching without consent of another’s genitalia, groin area, breast, buttocks, or clothing covering them, or forcing an unwilling person to touch another’s intimate parts as listed above.
  23. “Party” means a Student or Student Group, Club or Organization alleged to have violated the Code.
  24. “Record of the Hearing” means the letter containing charges, the audio recording of the Hearing, all documents offered as evidence at the Hearing, the written opinion of the Hearing Body, and the decision of the Judicial Board or Administration.
  25. “SA” refers to “Student Advocate” and means any member of a Student board made up of one Chairwoman and up to seven (7) Student representatives and exists to help interpret the Code for, assist throughout a Student Conduct Proceeding, and mentor any Student charged with a Code violation.
  26. “Self-defense” is the legal right to use reasonable force to protect oneself or members of one’s family from bodily harm, or to a lesser extent one’s property, from the attack of an aggressor if the defender has reason to believe the danger of bodily harm is imminent and that force is necessary to avoid this danger. Self-defense is a defense to a criminal charge or to tort liability; however, it is not an acceptable justification for violent behavior on campus or typically a defense to a charge under this Code.
  27. “Separation of the Student from the College” means the Student may not be present on College Premises, attend or participate in classes, manipulate any website or other material residing on the College’s web server, access the College’s email services, enter or use any College service or facility, or participate in any Student Club, Group, Organization or other College sponsored programs, activities, or related events.
  28. “Serious Violation” means a violation of the Code for which the possible sanctions include suspension or dismissal.
  29. “Sexual Assault” or “Sexual Battery” means engaging in vaginal, oral, or anal penetration or intercourse without a person’s consent.
  30. “Sexual Exploitation” means taking nonconsensual, unjust, or abusive sexual advantage of another for one’s own advantage or benefit; or to benefit anyone other than the one being exploited; and behavior that does not otherwise constitute Sexual Assault or Sexual Harassment. Examples of Sexual Exploitation include, but are not limited to, prostituting another student, nonconsensual video or audio taping of sexual activity, going beyond the boundaries of consent (such as letting friends watch you have consensual sex, or unauthorized distribution of photos or videos of a sexual nature), engaging in voyeurism, and inducing incapacitation with the intent to rape or sexually assault another person or create an opportunity for a third party to do so.
  31. “Sexual Harassment” means unwelcome verbal or physical conduct of a sexual nature that is so severe, persistent, or pervasive that it negatively affects the victim’s activities or creates an intimidating, threatening, abusive, or Hostile Educational or Employment Environment
  32. “Stalking” means severe intrusions on the victim’s personal privacy and autonomy with the purpose of annoying or harassing the victim and includes, but is not limited to, a pattern of following, observing, or monitoring the victim, or committing violent or intimidating threats or acts against the victim.
  33. “Student” or “student” means a person who is enrolled in a schedule of undergraduate or graduate courses at the College, a person attending classes at or through the College, or a person participating in orientation programs on the College premises. The term Student includes those who are full-time, part-time, commuters, residential, in the Adult Degree Program and studying abroad.
  34. “Student Club” means a collection of persons who have complied with the College’s formal requirements for recognition, At MBC, “Student Club” is used to refer to student organizations other than the Student Government Association and its Executive Council.
  35. “Student Conduct Proceeding” means a proceeding initiated to investigate an alleged Student violation of the Code, to determine if a violation has occurred and, if so, the sanction to be imposed for such a violation.
  36. “Student Group” means a number of persons associated with each other for a common purpose, and who have not complied with or satisfied the College’s formal requirements for recognition.
  37. “Student Organization” means a collection of persons who have complied with the College’s formal requirements for recognition and is used to refer to the Student Government Association and its Executive Council.
  38. “Violent Behavior” means conduct and/or behavior, verbal and non-verbal, including but not limited to, verbal and/or physical aggression, attack, threats, harassment, intimidation and other disruptive behavior in any form, or by any media, which causes or could cause a reasonable person to fear physical harm by any individual(s) or group(s) against any person(s) or property.
  39.  “VWIL” refers the Virginia Women’s Institute for Leadership Program at Mary Baldwin College.
  40. “Weapon” means any instrument that is designed or used for inflicting bodily harm, injury or death to another.

VIII. Conduct Rules and Regulations

The following conduct, or an attempt to engage in any of the following conduct, is prohibited and shall be subject to a Student Conduct Proceeding:

  1. Honor Code violation
    1. Plagiarism
    2. Lying
    3. Cheating
    4. Confidentiality
  2. Use of inappropriately profane and abusive language or behavior
  3. Conduct or behavior that violates local, state or federal law, regardless of whether such conduct or behavior otherwise constitutes a specific violation of this Code.
  4. Violation of the physical space of others
  5. Damage or misuse of the College’s name, image or property, or the property of a member of the College community, including but not limited to:
    1. Attempted or actual vandalism
    2. Attempted or actual theft
    3. Attempted or actual littering
  6. Failure or refusal to comply with the directions of a College Official acting in the capacity of his/her role at the College, or a law enforcement officer, and/or failure to identify oneself to any of these persons when requested to do so
  7. Conduct that endangers the safety and welfare of any member of the College community, including one’s self, and includes, but is not limited to, physical abuse/attack, assault, suicidal behavior, self-mutilation, etc.
  8. Bullying
  9. Stalking
  10. Disruption or obstruction of teaching, research, administration, or other College activities
  11. Participation in a demonstration which disrupts the normal operations of the College or infringes on the rights of other members of the College community, or leading or inciting others to disrupt scheduled and/or normal activities on College Premises or any conduct that obstructs or interferes with the freedom of pedestrian or vehicular movement on College Premises.
  12. Discrimination or Harassment
  13. Hazing
  14. Unauthorized possession, duplication, loan, or use of keys or ID Cards to access College Premises or property, or the unauthorized/uninvited entry to or use of College Premises or property
  15. Visitation Policies
    1. Failure to properly sign in or out a Guest
    2. Failure to announce to roommate and hallmates that a Guest is staying in a room
    3. Having a Guest for longer than 72 hours or three consecutive nights. Guests may not return for a next visit any sooner than 72 hours or three consecutive nights after the previous departure
    4. Having a Guest during final exams who is not a Student. Visitation ends at midnight on the Friday before an exam week and does not resume until 5pm on the last day of the exam period. Commuter Students may visit during exam week for the purpose of group studying.
    5. Failure to abide by residence hall specific visitation hours or other policy. Residence Hall visitation is outlined in the chart below
    6. Any violation of the Code by a Guest
  16. Prohibited Conduct relating to Alcohol, Drugs and/or Controlled Substances
    1. Possession or consumption of alcohol in a manner that is not authorized by College policies or in a manner contrary to law
    2. Possession or consumption of alcohol by a Student who is under 21 years of age
    3. Furnishing or selling alcohol to any person who is under 21 years of age
    4. Possession and/or use of kegs, party balls, or other common source containers used for the delivery of alcohol
    5. Engaging in any behaviors, engaging in any games or using any devices designed or intended to facilitate rapid or mass consumption of alcohol, including but not limited to beer funnels/bongs, keg stands, shotgunning/chugging, flip cup, beer pong, quarters, etc.
    6. Possession, use, sale, distribution, or manufacture of false identification cards
    7. Driving with an open container of alcohol in the vehicle
    8. Operating a motor vehicle under the influence or while impaired by the consumption of alcohol or other Controlled Substances
    9. Public consumption, use, or intoxication by alcohol, marijuana, or any other Controlled Substance. Public places include, but are not limited to, residential hallways, elevators, stairwells, residential lounges, etc.
    10. Possession, consumption, purchase, and/or distribution of any drug and/or Controlled Substance
    11. Possession or use of drug paraphernalia. This includes possession of drug paraphernalia that has never been actually used for drug consumption or use.
    12. Possession with intent to manufacture, distribute, and/or sell any drug or other Controlled Substance
    13. Misuse or abuse of consumer products (ex. medications, bath salts, etc.)
  17. Smoking in an unauthorized location, including but not limited to cigarettes, cigars, and electronic cigarettes
    1. Smoking in a College building or a campus owned/operated vehicle
    2. Smoking in an area not designated as a smoking area with a smoking receptacle
  18. Violation of Fire Safety regulations including, but not limited to:
    1. Destruction or misuse of any fire alarm or equipment (ex. extinguisher or pull station)
    2. Intentionally triggering a false alarm
    3. Failure to properly evacuate during a fire alarm
    4. Unauthorized setting of a fire on College Premises
  19. Violation of Quiet Hours
    1. Regularly defined Quiet Hours
      Quiet Hours are as follows:
      Sunday-Thursday from 10pm-10am
      Friday and Saturday from 12am-12pm
      Noise levels should be kept to a minimum as to not disturb others during these times.
    2. Courtesy Quiet Hours
      Excessive levels of noise that disrupts others is not acceptable at any time.
    3. Exam week Quiet Hours
      During exam week Quiet Hours are in effect 24/7 throughout the entire week to promote a studious environment.
  20. Violation of Pet Policy. Presence of a pet inside a residence hall other than a fish or other aquatic life which can remain underwater for at least 3 consecutive minutes and is contained in an aquarium
  21. Illegal or unauthorized possession or use of harmful or dangerous items, including but not limited to:
    1. Possession of a firearm
    2. Possession of weapons or explosives, even if intended for decoration (ex. martial arts equipment, brass knuckles, etc.)
    3. Possession or use of dangerous chemicals or explosive materials (ex. pepper spray)
  22. Disorderly, lewd, or indecent conduct, or a breach of peace
  23. Aiding, abetting, or facilitating any conduct prohibited by this Code.
  24. Sexual misconduct, including but not limited to:
    1. Sexual Assault or Sexual Battery
    2. Nonconsensual Sexual Contact
    3. Sexual Exploitation
    4. Sexual Harassment
  25. Hate Crime
  26. Harassment
  27. Violation of any rule, regulation, policy, procedure or standard adopted and published by the College, including but not limited to:
    1. Residence Life policies
    2. Academic or administrative office policies
  28. Abuse of the Code, including, but not limited to:
    1. Failure to obey the summons of a Hearing Body or College official
    2. Falsification, distortion, or misrepresentation of information before a Hearing Body
    3. Disruption or interference with the orderly conduct of a Hearing
    4. Making false, frivolous, or misleading charges of Code violations
    5. Attempting to discourage a person’s participation in Hearing proceedings outlined in this Code
    6. Attempting to influence the impartiality of a member of a Hearing Body prior to, and/or during the course of, a Hearing
    7. Harassment, intimidation, and/or retaliation towards a member of a Hearing Body, complainant, respondent or witness at any time
    8. Failure to comply with sanction(s) imposed under this Code
    9. Influencing or attempting to influence another person to commit an abuse of this Code

IX. Search Policy

Searches of Student rooms will be conducted only with authorization from the Associate Vice President of Student Life or her designee. Searches will only be conducted by professional level staff members employed by the College. A search will be authorized whenever the Associate Vice President of Student Life or her designee possesses credible evidence to support at least one of the following findings:

  1. Reasonable suspicion exists to believe a search will produce evidence that a Code offense has been or is currently being committed;
  2. The search is justified under the terms of the Student’s housing contract; and/or
  3. The search is conducted because of a reasonable suspicion that contraband or items will be found that pose a risk to the safety and health of Students and other members of the College community, including the resident Student.

If reasonable at the time of a search, the Student whose room is to be searched will receive a written statement in the form of a campus notification of search identifying the reason(s) for the search and/or the objects sought. If a Student is not present at the time of a search, reasonable attempts will be made to locate the Student, deliver the campus notification of search to the Student, and have her present before the search is executed; however, Students do not have to present for a search to be conducted. If the Student is present at the time a search is started, she has the right to remain in her room for the duration of the search. In order to enforce the alcohol/drug policies of this Code, a search of an entire hall or dorm may be conducted based on reasonable suspicion. If alcohol and/or drugs are discovered during such a search, along with any other items or evidence of Code violations, Student Conduct Proceedings will be initiated as provided for in this Code.

When conducting a search for items identified in a campus notification of search, if alcohol is found to be present in the room of a resident who is under 21 years of age, the alcohol will be confiscated and disposed of by the person conducting the search. If the search leads to the discovery of any illegal drug, Controlled Substance and/or drug paraphernalia, all such items will be seized and turned over to College Security and/or local law enforcement authorities.

Please note that routine health and safety inspections that take place in residence halls are a separate process from searches and are not covered by this section of the Code.

X. Individual Sanctions

If the Judicial Board or Administration determines that a Student has violated this Code and a sanction is imposed, regardless of severity, a letter will be placed in the Student’s permanent file describing the violation, finding and sanction. Multiple factors may affect the severity of a sanction including but not limited to the Student’s demeanor, acceptance of responsibility, and level of cooperativeness during the Student Conduct Proceeding; the past conduct record of the Student; the nature and seriousness of the incident; and the severity of the damage, injury, or harm resulting from the incident. One or more of the following sanctions may be imposed upon a Student for a violation of the Code.

  1. Minor Violation Sanctions
    1. WARNING: A notice to the Student that the Student is violating or has violated the Code. The Warning notice will state that future incidents of a similar nature will result in a more severe sanction.
    2. DISCIPLINARY PROBATION: A written reprimand for a violation of the Code with continued permission to remain enrolled in the College but under prescribed conditions during a probationary period. Disciplinary Probation is for a designated period of time and includes the possibility of the imposition of more severe disciplinary sanctions if the student is found to have committed any additional Code violations during the probationary period. Disciplinary Probation is typically thought of as a period of reflection during which the student should avoid future violations.
    3. LOSS OF PRIVILEGES: Denial of specified privileges for a designated period of time.
    4. FINANCIAL SANCTIONS: Sanction resulting in the payment of money by the student to the College or an effected party.
      1. Administrative Costs- The Student may be assessed a fine that relates to the actual costs incurred by the College to resolve or address the alleged violation (for example, such as the cost of employee wages for relocating furniture that was moved from a lobby or to remove people from a building during a false fire alarm).
      2. Restitution- The Student may be required to pay restitution which serves as compensation for loss, damage, or injury. Restitution may take the form of appropriate services and/or monetary or material replacement.
      3. Educational Outreach Assessment- The Student may be required to pay an Educational Outreach Assessment, which is a sanction that, although financial in nature, provides a tangible learning opportunity for students. Through this sanction the student becomes an active contributor to her education and that of her peers, as the money collected is used for educational programming about the Code.
    5. DISCRETIONARY SANCTIONS: Work assignments, service to the College, community service, or related discretionary assignments.
    6. EDUCATIONAL SANCTIONS: Participate in a specific program, complete a specific project, or complete a research assignment/paper.
    7. RESIDENCE HALL RELOCATION: Relocation of the Student from their current residence hall to another residence hall.
    8. RESIDENCE HALL SUSPENSION: Separation of the Student from the residence halls for a specified amount of time, after which the Student is eligible to return. Conditions for return may be specified.
    9. RESIDENCE HALL DISMISSAL: Permanent separation of the Student from all College housing.
  2. Serious Violation Sanctions
    In addition to the following sanctions, Serious Violations may result in the imposition of Minor Violation sanctions listed above.

    1. COLLEGE SUSPENSION: Separation of the Student from the College for a specified period of time, after which the Student is eligible for readmission. The College may impose conditions for readmission which the Student must satisfy.
    2. COLLEGE DISMISSAL: Permanent Separation of the Student from the College.

XI. Student Organization/Club/Groups Sanctions

Student Organizations, Clubs, or Groups may be charged with violations of this Code without regard to whether specific members of such Organizations, Clubs, or Groups are individually charged with violations arising from the same occurrences. The officers or leaders or any identifiable spokesperson for a Student Organization, Club, or Group may be directed by the Judicial Board Chairwoman, Judicial Board Advisor, or Administration to take appropriate action to prevent or end violations of this Code by the Organization, Club, Group, or members who are acting on behalf of the Organization, Club, or Group. Failure to comply with any such direction will be considered a violation of this Code.

Student Organizations, Clubs, or Groups may be held responsible collectively if any one or more of these situations apply:

  1. A Code violation was committed by one or more members of a Student Organization, Club, or Group while acting on behalf of or in connection with the activities of a Student Organization, Club or Group;
  2. A Code violation was committed by one or more members of a Student Organization, Club, or Group and the funds of the Student Organization, Club or Group were used to finance the activity; and/or
  3. A Code violation occurred during or as a result of a Student Organization, Club, or Group’s sponsored function.

One or more of the following sanctions may be imposed on a Student Organization, Club, or Group responsible for a violation of this Code:

  1. WARNING: An official written notice of misconduct. An additional Code violation within a two year period that results in a Warning of the Student Organization, Club, or Group shall automatically result in Registration Probation as a minimum sanction.
  2. REGISTRATION PROBATION: A written reprimand for a violation of the Code with permission to continue operate at the College but under prescribed conditions during the probationary period. Registration Probation is for a designated period of time and means the Student Organization, Club, or Group is not in good standing with the College. The Student Organization, Club, or Group may add new members during the probationary period and may engage in activities except as otherwise specified under the terms of Registration Probation.
  3. REGISTRATION SUSPENSION: A temporary removal of College recognition for a specified period of time. During the period of Registration Suspension, the Student Organization, Club, or Group is not considered in good standing with the College and may not add new members or hold, sponsor, or attend events as a group. Additionally, no College funding will be provided during a period of Registration Suspension.
  4. ADDITIONAL STUDENT ORGANIZATION, CLUB, OR GROUP SANCTIONS may be imposed, including:
    1. Suspension of activities, including but not limited to:
      1. Exclusion from organized campus events (ex. Club Rush, Apple Day, etc.)
      2. Denial of use of College facilities for meetings and activities
      3. Suspension of rushing, recruiting, or intake process
      4. Loss of social privileges for a specified time (ex. activities, mixers, etc.)
    2. Loss of college funding
    3. Restitution
      1. For expenses incurred by individuals or the College as a result of providing education programs or other educational experiences related to the violation
      2. For loss to the College, person, or organization/club/group
    4. Situational, appropriate educational, or discretionary group or organization sanction
  5. REGISTRATION REVOCATION: The permanent removal of College recognition for a Student Organization, Club, or Group. Registration Revocation means that the Organization, Club, or Group may not function at the College, participate in College programs, or utilize College facilities or services.

XII. Summary Suspension

  1. Students
    In certain circumstances, and at any time prior to the final resolution of a Student Conduct Proceeding under this Code, the Judicial Board Chairwoman, Judicial Board Advisor, Administration, or designee may impose a College or residence hall Summary Suspension. A Summary Suspension may be imposed only:

    1. To ensure the safety and well-being of members of the College community or the preservation of College property;
    2. To ensure the Student’s own physical, mental, or emotional safety and well-being; or
    3. If the Student poses a significant threat of disruption of or interference with the normal operations, programs, and/or activities of the College.During a Summary Suspension, a Student may be denied access to all College Premises and all College programs and activities.
  2. Student Organizations, Clubs, and Groups
    When the College receives a report of an alleged violation of this Code by a Student Organization, Club, or Group, the Judicial Board Chairwoman, Judicial Board Advisor, Administration or designee may summarily suspend the activities of the Student Organization, Club, or Group pending the outcome of the investigation of the Code violation.

XIII. Incident Reports

Anyone affiliated with the College may refer a student or student group or organization suspected of violating the Code to the Judicial Board. The referral must be submitted using the Contact Report form found at the following link: https://publicdocs.maxient.com/incidentreport.php?MaryBaldwinCollege

A person making a referral may be asked to appear before a Hearing Body as a witness and must comply with this request. A referral should be made as soon as possible after the alleged incident. Anonymous referrals are not permitted.

Upon receipt of a referral, the Judicial Board Chairwoman and Judicial Board Advisor will determine whether sufficient cause exists to initiate a Student Conduct Proceeding. The Judicial Board reserves the right to forward any case to Administration, regardless of severity of alleged offense. Any change that may result in College Suspension or College Dismissal, or which alleges any form of sexual misconduct, shall be automatically referred to Administration for adjudication. Within thirty (30) days of receipt of a referral, the Judicial Board Chairwoman will communicate to the alleged violator (i) that a Student Conduct Proceeding will be initiated; (ii) the nature of the alleged Code violation; and (iii) whether the Student Conduct Proceeding will be adjudicated by the Judicial Board or by Administration. The thirty (30) day period for initiating a Student Conduct Proceeding shall not be jurisdictional and, if reasonable under the circumstances, a reasonable extension of the thirty (30) day time limit shall be permissible.

XIV. Confidentiality

All members of the College community involved in any way with a Student Conduct Proceeding are expected to keep strictly confidential both the existence of a Student Conduct Proceeding; all information included in an Incident Report or presented to either the Judicial Board, the Judicial Board Advisor, or Administration during a Student Conduct Proceeding, and the outcome of the Student Conduct Proceeding including any sanctions imposed.

An accused Student may discuss her case during the pendency of a Student Conduct Proceeding with the following people:

  1. Her parents;
  2. Her Student Advocate;
  3. The Honor Council or Judicial Board Chairwoman;
  4. The Advisor to the Honor Council or the Judicial Board;
  5. An appointed Investigating Committee;
  6. An Initial Meeting official;
  7. A Hearing Body; and
  8. Faculty, administration, and/or staff of the College.

An accused Student may not discuss her case with any other person, except as provided above. If a Student is found to have violated this Code and given a sanction, she may disclose to others the nature of the sanction; however she may not disclose to others any other information related to the Student Conduct Proceeding, except as provided above. A failure by any Student to maintain confidentiality as identified in this section of the Code will result in a referral to the Honor Council.

The Judicial Board reserves the right to publish the results of all Student Conduct Proceedings that result in a finding that a Student has violated the Code once each semester. All such results shall be published without any Student names. However, if information has been improperly disclosed relating to a Student Conduct Proceeding, in violation of the confidentiality requirements as outlined in this Code, the Judicial Board reserves the right to publicly release a statement, without any Student names, to clarify the facts relating to a Student Conduct Proceeding.

XV. Relationship Between Judicial Board, Honor Council, and Cadet Conduct Council

The Judicial Board, the Honor Council, and the Cadet Conduct Council are separate bodies with jurisdiction, generally, over different Student misconduct or violations. As a general proposition, Student misconduct involving lying, stealing and cheating directly related to academic activities or pursuits shall be treated as Honor Code violations and shall be adjudicated by the Honor Council and its processes. Additionally, Student misconduct directly related to a Student’s involvement in or requirements imposed on them by their connection to the VWIL Program shall be adjudicated by the Cadet Conduct Council and its processes. In some instances, however, the Judicial Board, the Honor Council, and the Cadet Conduct Council jurisdictions overlap, including but not limited to the following:

  1. Lying during a Student Conduct or Cadet Conduct Council Proceeding: All Students participating in a Student Conduct or Cadet Conduct Council Proceeding are subject to the Honor Code. If a Student is suspected of lying during a Student Conduct or Cadet Conduct Council Proceeding, adjudication of the underlying charge shall continue and a separate charge relating to the suspected offense of lying shall be referred to the Honor Council.
  2. Concurrent Honor Code, Judicial Code, and/or Cadet Conduct violations: If a Student is accused of an act that violates a combination of the Honor Code, the Judicial Code, and/or the Cadet Conduct Code, the Honor Code offense will be considered a primary offense and charges shall proceed under the processes of the Honor Code. However, a Student Conduct or Cadet Conduct Council Proceeding may also begin. The Judicial Board, Honor Council, and Cadet Conduct Council reserve the right to conduct a joint investigation, if deemed necessary. In the event of conduct that violates a combination of the Honor Code, the Judicial Code, and/or the Cadet Conduct Code, the Honor Council, Judicial Board and/or Cadet Conduct Council may consider the penalty imposed by the other boards in imposing its sanctions.

XVI. Participation, Notification, Initial Meeting, and Selection of Process

A Student charged with an alleged Code violation and subject to a Student Conduct Proceeding shall participate and cooperate with the process and engage with the Judicial Board and/or Administration in a timely manner. The expectations of Student participation include:

  1. The Judicial Board Chairwoman, the Judicial Board Advisor, a Judicial Board Representative, Administration, or a designee will send a Notification Email to a charged Student through the Student’s College email account to notify the Student of the charge, whether the Student Conduct Proceeding will be handled by the Judicial Board or has been referred to Administration and the Student’s procedural options for adjudication or resolution of the charge. The communication will outline the general details of the incident from the Incident Report and will notify the student that she needs to schedule an Initial Meeting:
  2. If a charged Student wants the assistance of a Student Advocate, the Student shall be responsible for securing one by contacting the Lead Student Advocate prior to the Initial Meeting. See Section V of this Code. The Student Advocate may counsel the charged Student and ask questions of the Judicial Board Chairwoman, Judicial Board Advisor, Judicial Board Representative, Administration, or designee during the Initial Meeting.
  3. During this Initial Meeting, a discussion will be held to make sure the student understands the allegations against them and the options for resolution of the case. At this time the student will decide whether they want a Resolution or a Hearing.
    1. Resolution: A Resolution  is an option available to a Student whether the Student Conduct Proceeding proceeds through the Judicial Board or through Administration. If the Judicial Board retains jurisdiction, the Student may choose the Resolution Meeting option, which is an informal meeting with the Judicial Board Chairwoman, the Judicial Board Advisor, a Judicial Board Representative, or designee to resolve the charge. If the Judicial Board refers the Student Conduct Proceeding to Administration, the Student’s Resolution will be with Administration, or a designee to resolve the charge. . If a Student chooses the Resolution option, the Student waives her right to a formal Hearing, but may appeal the findings of the Resolution as provided for in Section XIX of this Code. If selected, the Resolution will take place as part of the Initial Meeting and begin as soon as it is selected.
    2. Hearing: A Hearing is a formal process in which a case is heard by a Hearing Body. The option of a Hearing is available whether the Judicial Board retains jurisdiction over the Student Conduct Proceeding or refers the Proceeding to Administration. See Sections XVI-XVIII of this Code for further information on the Hearing process. Hearing decisions may also be appealed as provided for in Section XIX of this Code. If a student chooses the Hearing option, it will take place separate from the Initial Meeting. The remainder of the Initial Meeting will be used to answer any questions the student has regarding the Hearing process.
  4. The Student must respond by email to the Notification Email from the Judicial Board Chairwoman, the Judicial Board Advisor, Judicial Board Representative, Administration, or designee within 72 hours of receipt of the Notification Email to schedule an Initial Meeting.
  5. If the Student fails to respond to the Notification Email within 72 hours, a second email will be sent to the Student’s email.
  6. If the student fails to respond to the second email communication within 72 hours, the choice of a Hearing will be made for the student and the Hearing date will be scheduled to resolve the charge. The Hearing Body will send a summons to the Student’s College email address and a letter will be sent to the Student’s campus mailbox. A Student’s failure to check her email account and Student campus mailbox in a timely manner to receive any notifications relating to the Student Conduct Proceeding and to respond accordingly shall not constitute sufficient grounds for a dismissal of the charge or cancellation of a scheduled Hearing. The summons shall indicate if College Dismissal, or Separation of the Student from the College, is a potential outcome of the Hearing.
  7. If the Student responds to the summons in a timely manner, she may request an Initial Meeting instead of a Hearing.
  8. The Student shall be responsible for notifying the Initial Meeting official or the Hearing Body, as the case may be, of any scheduling conflicts with a proposed Initial Meeting date or Hearing date. The scheduling of a Initial Meeting and Hearing will ordinarily proceed promptly; however, the Initial Meeting or Hearing may be delayed by the Initial Meeting official or the Hearing Body for the following reasons:
    1. In times of heavy Student Conduct Proceeding caseloads;
    2. If the Student Conduct Proceeding is initiated near the end of an academic semester or term;
    3. In the event of a known conflict with a Student’s academic schedule; or
    4. In the event of the reasonable need by either Party for additional time.
  9. Any Student who fails to engage or cooperate with a Student Conduct Proceeding and/or to complete sanctions as imposed through a Student Conduct Proceeding may receive additional Code charges and/or additional sanctions up to and including College Dismissal.

XVII. Resolution Procedures

If a Student chooses to proceed with a Resolution, it will take place as part of the Initial Meeting and begin as soon as it is selected..

The following procedures will be used in Resolution Meetings conducted by the Judicial Board Chairwoman, the Judicial Board Advisor, a Judicial Board Representative, Administration, or a designee:

INFORMATION ABOUT A RESOLUTION

  1. If a charged Student wants the assistance of a Student Advocate, the Student shall be responsible for securing one by contacting the Lead Student Advocate prior to the Resolution. See Section V of this Code. The Student Advocate may counsel the charged Student and ask questions of the Judicial Board Chairwoman, Judicial Board Advisor, Judicial Board Representative, Administration, or designee during the Resolution.
  2. Because the Resolution  is an informal process, no witnesses can be called during the Resolution. A conversation will take place between the Judicial Board Chairwoman, the Judicial Board Advisor, the Judicial Board Representative, Administration, and/or the designee and the charged Student to gather information about the alleged Code violation.
  3. At the conclusion of the conversation about the alleged Code violation, the Judicial Board Chairwoman, Judicial Board Advisor, Representative, Administration, or designee will discuss possible findings and sanctions with the charged Student and answer any Student questions regarding both. The Student will be instructed that she will receive an email notification at her College email account informing her of the Resolution official’s decision and sanction, if any. The Resolution official may bring in the student for an in-person delivery of the decision and sanction at their discretion.
  4. The Resolution official may interview other witnesses or individuals, as necessary, before reaching a final resolution of the charge.
  5. If the Resolution official determines that the Student has violated the Code and that either College Suspension or College Dismissal is the appropriate sanction, the Student shall be notified of the decision and sanction in person and in writing.

XVIII. Hearing Procedures

If a Student chooses to proceed with a Hearing, a Hearing will be scheduled promptly with the appropriate Hearing Body, which shall depend upon whether the decision previously was made to proceed with Judicial Board jurisdiction or to refer the matter to Administration. The Student shall be responsible for notifying the Hearing Body presiding official of any scheduling conflicts with the proposed Hearing date. The Judicial Board Chairwoman, Judicial Board Advisor, Administration, or designee will prepare a Hearing Notice letter to the charged Student. The Hearing Notice letter will include a statement of the specific charge against the Student, a brief description of the facts upon which the charge is based, the date, time, and place of the Hearing, instructions for preparing for the Hearing, information regarding selecting an Advisor to assist the Student during the Hearing, and information regarding the procedure for the Hearing. This letter will be delivered to the Student by her campus email account. While not required, in some cases, the letter will also be delivered by campus mail and/or hand delivery. For all alleged Code violations, the Hearing shall not be fewer than five (5) days after the date of the Hearing Notice letter, unless the Student requests an earlier Hearing date and the requested date can be accommodated by the Hearing Body.

The following procedures will be used in Student Code violation Hearings conducted by a Hearing Body:

PRIOR TO THE HEARING

  1. An Investigating Committee is appointed. In Hearings conducted by the Judicial Board, the Investigating Committee shall consist of one member of the Judicial Board, appointed by the Judicial Board Chairwoman, and two members of the Honor Council, appointed by the Honor Council Chairwoman. In hearings conducted by Administration, the Investigating Committee shall include members of the faculty and staff of the College selected by Administration. Administration, in its discretion, may choose to appoint only one faculty or staff member in place of a full committee, which shall be comprised of three members. Once the Investigating Committee is appointed, the members will investigate the charge before the scheduled Hearing by the following means:
    1. Interview the charged Student to get her response to the charge;
    2. Interview any witnesses who submitted a written report in connection with the charge;
    3. Interview any other witness identified as having relevant information regarding the charge as the Investigating Committee deems necessary to fully investigate the charge; and
    4. Review all written reports and relevant documents regarding the charge.
  2. If the charged Student wishes to have the assistance of an Advisor at the Hearing, the Student is responsible for securing one. An Advisor can be a Student Advocate requested by contacting the Lead Student Advocate or a member of the faculty, administration, or student body of the College. The Advisor may counsel the charged Student during the Hearing; however, the Advisor may not speak on behalf of or in the place of the charged Student.
  3. The Student may request that witnesses appear and testify on her behalf. The Student shall be responsible for providing a list of witnesses to the presiding officer of the Hearing Body at least 72 hours (3 days) prior to the Hearing date. The witness list should include the phone number and email address, if known, of each witness identified. The Student should only identify as Hearing witnesses those individuals with direct knowledge of the facts relevant to the charge. If at the conclusion of the presentation of evidence the Hearing Body determines the Student has committed a Code violation, the Student will be permitted to call a reasonable number of witnesses to testify regarding the Student’s character to assist the Hearing Body to determine the appropriate sanction to be imposed. The Hearing Body has the discretion to limit such testimony to a reasonable number of witnesses to avoid testimony that is unnecessarily duplicative. The Student must also include in her witness list all witnesses who may testify with regard to the sanctions stage of the Hearing.
  4. The Investigating Committee may also call witnesses to testify. The Investigating Committee shall provide a list of all such witnesses to the presiding officer of the Hearing Body at least 72 hours (3 days) prior to the Hearing date. The witness list should include the phone number and email address, if known, of each witness identified.
  5. If at any point, a student would like to withdraw from the College to avoid a Hearing, she may notify in writing the Director of Student Life of her intention to withdraw from the College. If the charged Student chooses to withdraw from the College, her official record will be marked to reflect a pending Code violation Hearing that must be resolved before the Student can be considered for readmission to the College.

DURING THE HEARING

  1. In a Judicial Board Hearing, the Hearing Body shall be comprised of three (3) members of the Judicial Board and/or Honor Council who are not appointed to serve on the Investigating Committee. In an Administrative Hearing, the Hearing Body shall be comprised of three (3) faculty and staff who are not appointed to serve on the Investigating Committee. See Sections VII and XVII of this Code for more information regarding the Hearing Body.
  2. The Hearing will be tape recorded.
  3. The Student and all witnesses will state their names, be administered an oath, and the official charges will be read.
  4. A member of the Investigating Committee will present its report and answer questions from the Hearing Body and, thereafter, from the charged Student.
  5. The Investigating Committee may call witnesses to testify. Each witness called by the Investigating Committee will answer questions from the Investigating Committee, the Hearing Body and the charged Student. The Investigating Committee may further present any documentary and physical evidence, if any, relevant to the charge for the Hearing Body to consider.
  6. The charged Student will next make her statement and may call witnesses to testify. Each witness called by the charged Student will answer questions from the charged Student, the Investigation Committee and the Hearing Body. The charged Student may further present all documentary and physical evidence, if any, relevant to the charge for the Hearing Body to consider.
  7. At the conclusion of the presentation of all evidence and testimony, the Hearing Body will retire and deliberate to reach a decision regarding whether a Code violation has occurred. The Hearing Body’s deliberations shall be closed to the Student, the Investigating Committee, and to any witness, and the deliberations shall not be recorded. After the Hearing Body has reached a decision regarding the charge, it shall announce its decision, along with a brief explanation of the supporting reasons for its decision, to the charged Student. The Hearing Body’s announcement of its decision along with supporting reasons shall be recorded and made a part of the Record of the Hearing.
  8. If the Hearing Body determines that the Student has violated the Code as charged, the Student will then be permitted to make a statement regarding possible sanctions to be imposed and to call any character witness on her behalf.
  9. At the conclusion of the presentation of statements and witnesses in the sanctions stage of the Hearing, the Hearing Body will retire and deliberate to reach a decision regarding the appropriate sanction to impose, if any. The Hearing Body’s deliberations shall be closed to the Student, the Investigating Committee, and to any witness, and the deliberations shall not be recorded. After the Hearing Body has reached a decision regarding the sanctions, if any, it shall announce its decision, along with a brief explanation of the supporting reasons for its decision, to the charged Student. The Hearing Body’s announcement of its decision along with supporting reasons shall be recorded and made a part of the Record of the Hearing.

XIX. Hearing Body

“Hearing Body” means, in Student Conduct Proceedings over which the Judicial Board retains jurisdiction, members of the Judicial Board and/or Honor Council designated and/or appointed by the Judicial Board Chairwoman to serve as a panel to determine whether a Student or a Student Club, Group or Organization has violated the Code and to determine the sanction, if any, for such violation. A Judicial Board Hearing Body is typically comprised of three (3) members. In any Student Conduct Proceeding heard by Administration, “Hearing Body” mean the members of the faculty and staff of the College, appointed by the Associate Vice President of Student Life to serve as the panel to determine if a Code violation has occurred and to determine the sanction, if any, for such violation. An Administration Hearing Body will be made up of two (2) faculty and staff members of the College appointed by Administration, and one (1) member designated by the charged Student. A Hearing Body member who has a bias about or an interest in the case should recuse herself. If the Hearing Body member refuses to recuse herself, the Judicial Board Chairwoman will make a decision about whether to remove that person from the Hearing Body.

XX. Appeals

  1. Appeal Defined
    An appeal is not a new Hearing. An appeal is a review of a decision by a Resolution meeting official or a Hearing Body to determine whether sufficient cause exists to invalidate the decision and/or sanction. Only a Student or a Student Organization/Club/Group found to have violated the Code may file an appeal. All appeals must be made in writing to the Associate Vice President of Student Life. If the Associate Vice President of Student Life has been previously involved in any aspect of the Student Conduct Proceeding, the Associate Vice President of Student Life will direct the appeal to her designee. In any Student Conduct Proceeding where the sanction imposed was neither College Suspension nor College Dismissal, a Student may only request one appeal. Likewise, Student Organizations/Clubs/Groups are limited to only one appeal unless the sanction appealed from is either Registration Suspension or Registration Revocation.
  2. Appeal Deadline
    Within three days after a Student or a Student Organization/Club/Group receives the decision of Resolution meeting official or a Hearing Body, the Student or Student Organization/Club/Group must submit in writing an appeal that identifies the reasons supporting the appeal.
  3. Grounds for Appeal
    Appeals shall be limited to the following grounds:

    1. A material and prejudicial violation of due process;
    2. A material and prejudicial deviation from the procedures adopted by the Judicial Board in this Code; and/or
    3. Sanctions that are disproportionately severe or inappropriate for the Code violation.
  4. Student and Student Organizations/Clubs/Groups Appeal Procedures
    1. Written appeals shall be submitted by a Student or by a leader of a Student Organization/Club/Group directly to the Associate Vice President of Student Life by the appeal deadline.
    2. The Appeals Board comprised of the Associate Vice President of Student Life or designee, the Honor Council Chairwoman or designee, and the Lead Advocate or designee, shall consider the merits of all first level appeals, whether the decision appealed arises out of a Student Conduct Proceeding under the jurisdiction of the Judicial Board or Administration. The Appeals Board shall reach its decision, in cases decided by a Hearing, based on the Record of the Hearing and the written appeal of the Student or Student Organization/Club/Group. The Appeals Board shall reach its decision, in cases decided by a Resolution meeting official, based on the Incident Report, the written decision of the Resolution meeting official, and the written appeal of the Student or Student Organization/Club/Group. The appeals board may call for the submission of new and/or additional oral or written evidence as necessary to reach a fully informed decision. Any new evidence will be added to the record of the hearing.
    3. After receipt of the appeal, the Appeals Board will render a written decision within five (5) days. The Appeals Board may:
      1. Affirm the finding of a Code violation and the sanction;
      2. Affirm the finding of a Code violation and reduce, but not eliminate, the sanction; or
      3. Return the case to the Judicial Board or Administration for a new Hearing if one or more grounds for appeal are met.
      4. The Associate Vice President of Student Life or designee will send copies of the appeal decision to the Student or the leader of a Student Organization/Club/Group, the Judicial Board Chairwoman, and the Judicial Board Advisor.
    4. The Appeals Board decision will be final and conclusive, and any sanction upheld or determined on appeal will be imposed as directed, unless the sanction upheld is either College Suspension or College Dismissal, in the case of a Student appeal, or Registration Suspension or Registration Revocation, in the case of a Student Organization/Club/Group appeal. If a Student Conduct Proceeding resulted in College Suspension or College Dismissal, or a Conduct Proceeding against a Student Organization/Club/Group resulted in a Registration Suspension or Registration Revocation, and the decision was upheld by the Appeals Board, only then may a Student or a Student Organization/Club/Group file one additional appeal to the President of the College. Such an appeal shall be referred to as a “Second Appeal.” A Second Appeal must be submitted in writing directly to the President of the College by the Student or the leader of a Student Organization/Club/Group.
    5. The President of the College shall decide a Second Appeal based on the Record reviewed by the Appeals Board, the record of the Appeals Board and its decision, and the written appeal of the Student or the Student Organization/Club Group. In rare circumstances, the President of the College may ask for the submission of new and/or additional oral or written evidence as necessary to reach a fully informed decision. Any new evidence will be added to the Record of the Hearing.
    6. After receipt of the appeal, the President of the College will render a written  decision within five (5) days. The President’s decision may:
      1. ii. Affirm the finding of a Code violation and the sanction;
      2. iii. Affirm the finding of a Code violation and reduce, but not eliminate, the sanction; or
      3. iv. Return the case to the Judicial Board or Administration for a new Hearing if one or more grounds for appeal are met.
      4. v. The President of the College will send copies of the appeal decision to the Student or leader of the Student Organization/Club/Group, Judicial Board Chairwoman, Judicial Board Advisor, and the Director of Student Life.
    7. e. The decision of the President of the College will be final and conclusive, and the sanctions will be imposed as the President directs.

XXI. Deferral of Sanctions

The President of the College, the Director of Student Life, or the Judicial Board Chairwoman may defer the imposition of a sanction during the duration of an appeal. If the sanction includes suspension or expulsion, an interim suspension during the appeal process may be imposed.

XXII. Student Conduct Files and Records

  1. The records relating to a Student Conduct Proceeding (Conduct Records), including audio recordings or transcripts from Hearings, in cases where a Student is found to have violated this Code will normally be retained as conduct records for ten (10) years from the date of the letter providing notice of final conduct action. Conduct Records may be retained for longer periods of time or permanently, as specified in the sanction. Conduct Records including the sanction of College Dismissal shall be retained permanently. Conduct Records designated as permanent shall not be destroyed except under very rare circumstances with unusual and compelling justification.
  2. Students may inspect their Conduct Records in accordance with the Family Educational Rights and Privacy Act (FERPA).

XXIII. Revision and Communication

This Code may be reviewed and amended by the Judicial Board, with approval from the Student Senate under the Student Government Association. Revisions of this Code will be communicated to the College community through official email and other means of mass communication. The official Code of Student Conduct will be available on the College website at http://www.mbc.edu/student/jb/codeofconduct/.

Amended: 2/21/14