The student conduct process can be confusing for students, families, and others who have not experienced it before. This glossary includes explanations of many of the terms used throughout the process and in the Student Handbook.
1) Accountability Plan: A set of outcomes resulting from a Respondent accepting responsibility or being found responsible for violating the Code of Responsibility.
2) Support Adviser: An adviser is a member of the college community (a current faculty member, staff member, or student) chosen by a student to provide personal support through the student conduct process. An adviser may not speak on behalf of, or otherwise represent their advisees. Advisers may not be lawyers. Advisers typically provide moral support, help students prepare for their hearing, and may speak softly to or write notes to the student during the hearing so long as they do not become disruptive.
3) Appeal: The process of a Respondent, or, in limited circumstance, Complainant, requesting a review of a specified Conduct Process outcome, specifically the decision of the original case administrator or Student Conduct Board panel.
4) Business Day: An official workday during which the College conducts business. Typically, a business day is a weekday (Monday through Friday), excluding any weekdays designated by the College as a holiday or a time period in which classes are not in session. Each business day commences at 8:45 a.m. and ends at 5:00 p.m.
5) Case Administrator: a College employee designated by the Dean of Students Office to conduct a Case Administrator Hearing, as outlined in this Code, or to conduct and serve as the decision-maker in a Case Administrator Hearing, as outlined in this Code.
6) Case Administrator Review Meeting: An initial meeting scheduled for the Respondent to meet with a Case Administrator to discuss the alleged violations of the Code.
7) Code: Refers to the Code of conduct, which applies to all behaviors by individual students or groups, their guests, and recognized and unrecognized organizations that occur on College-owned or operated property, at College-sponsored events, and off campus, including online behavior that negatively impacts the college community and/or its members.
8) College: Lafayette College.
9) College-controlled Property: All land, buildings, facilities, grounds, structures, or any other property owned, leased, used, maintained, or operated by the College. For the purposes of this Code, College-controlled property includes all streets, alleys, sidewalks, and public ways abutting such property. College-controlled property also includes, but is not limited to, computers and network systems owned, maintained, or funded by the College.
10) Complainant: Any person, group, or organization that may have been subjected to or the target of conduct that violates the Code, regardless of whether that person, group, or organization makes a complaint or reports an alleged violation of the Code to the College.
11) Conduct Process: The process to address alleged violations of the code of conduct. The process can be restorative or traditional.
12) Dean of Students Office/Office of Student Conduct: The College office designated with primary responsibility for administering and enforcing the Code and implementing and maintaining student conduct-related rules, policies, procedures, records, training, and education.
13) Designee: A College official or office designated with the authority to carry out a duty or role on behalf of another College official or office.
14) Faculty: An employee who holds faculty rank, including tenure-track assistant professors, professors, lecturers, adjunct, visiting faculty, and associate professors.
15) Final Determination: A conclusion by the preponderance of evidence (standard of proof) that the alleged conduct did or did not violate policy.
16) Finding: A conclusion by the preponderance of evidence that the conduct did or did not occur as alleged (as in a “finding of fact”).
17) Guest: A non-College affiliated individual who is present on College-owned property as an invited guest. A student hosting a guest may be held responsible under Section 8 of this Code for any Code-violating behavior their guest exhibits.
18) Notice: Notice given in writing and transmitted by one (1) or more of the following: (i) email to a student’s College-issued email account; (ii) United States mail, (iii) courier service, and/or (iv) hand-delivery to the permanent address the College has on file for the student or their on campus housing assignment.
When a notice is transmitted via email, the notice is effective on the date the email is sent. Email to a student’s College-issued email address is an official method of communication used by the College for student conduct purposes. When a notice is transmitted by United States mail or courier service, the notice is effective on the date that it is mailed or delivered to the courier service. When a notice is transmitted by hand-delivery, the notice is effective on the date that it is delivered to the person to whom the notice is addressed.
19) Possession: Direct, indirect, or communal control of a substance or property, actual knowledge of a substance or property, and/or being in such close proximity to the substance or property that a reasonable presumption could be made that one had possession of the substance or property.
20) Preponderance of evidence: a standard of proof that alleged conduct more likely did occur and violated policy.
21) Respondent: Any student or student organization (a “Respondent”) alleged to have violated the Student Conduct Code and is subject to disciplinary proceedings as outlined in the Conduct Process.
22) Retaliation: The College and any member of Lafayette’s community taking or attempting to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy and procedure. Any individual or group of individuals, including a complainant or respondent, can engage in retaliation.
23) Sanction: The educational outcome of a student being found responsible for violating the Code. Sanctions align within the following categories:
24) Significant Harm: The level of harm, damage, or negative impact that warrants a response from the College.
25) Staff: Any full-time or part-time College employee who holds either an exempt or non-exempt staff position, excluding student employees.
26) Student: A person who is:
27) Student Accountability Hold: The Dean of Students Office may place a hold on a Respondent’s account while student accountability proceedings are under investigation, pending, accountability action items are incomplete, or in accordance with other college policies. A student accountability hold may prevent a student from registering, withdrawing, graduating, or obtaining a transcript. A student accountability hold may also withhold a student’s opportunity to take advantage of other college privileges, which include, but are not limited to study abroad, college merit awards, certain athletics, and on-campus employment and leadership positions. This hold will not be removed until all accountability action items and expectations have been satisfactorily completed.
28) Student Conduct Board: The Student Conduct Board is responsible for hearing cases that are referred to it by the dean of students or designee. The Student Conduct Board comprises faculty, students, and a Student Life representative who reflect the panel. At least three board members, called panelists, must be present for a hearing to take place.
29) Student Conduct Record: All records pertaining to student conduct meetings or hearings are maintained either on paper or electronically by the Dean of Students Office or Office of Student Conduct and are considered part of a student’s education record as defined by the Family Educational Rights and Privacy Act (FERPA).
30) Student Organization: An organization, club, fraternity, sorority, or other group whose membership is composed of College students and which is formally registered and recognized by the College according to College rules, or which has submitted a pending application for registration with the College according to College rules.
31) Weapon: Any device, instrument, or substance that is designed to, or reasonably could be expected to, inflict a wound, incapacitate, or cause serious bodily injury or death, including, without limitation:
The term “weapon” does not include an ordinary pocket knife that folds; an available over-the-counter chemical repellent for self-defense (including, but not limited to, mace); or an instrument used solely for personal hygiene, preparation of food, maintenance, College-related instruction, or College employment-related duties unless the item is used as a weapon or method of intimidation.
32) Witness: Members of the College community, including respondents, are expected to participate in the student conduct process if they have knowledge of or information regarding the incident in question and have been notified to appear. Individuals who are not part of the College community will generally be permitted to appear at a hearing only if they have direct knowledge or information regarding an incident that is not otherwise available. Members of the College community who may have knowledge or information regarding an incident or complaint may be asked to meet with a College administrator to share information or to appear at a hearing to determine the outcome of a disciplinary proceeding.