To continue its educational mission, Lafayette college sets standards of scholarship and conduct for its students. Proper procedural safeguards are observed to promote justice and fairness to those who have allegedly violated the standards of Lafayette College or have allegedly caused harm to members of the community. The conduct process encourages student education, development, and growth by combining aspects of coaching, guidance, and admonition along with educational sanctions.
As members of the Lafayette community, students and student organizations are expected to uphold community standards. Behaviors and student choices on and off campus contribute positively and negatively to the campus community and to the individual student’s development. As such, violations of our community standards are subject to an educational conduct process as well as attending to any harm to others, either intentional or unintentional.
Behaviors that lead to alleged violations of the code also may lead to alleged violations of federal, Commonwealth, or local laws and ordinances. The College will proceed with its conduct process, at its discretion, independent of any other process assuming the College possesses information that suggests a policy violation may have occurred. The College reserves the right to proceed with its conduct process even if a student takes a leave of absence, resigns, or transfers, if the College believes it is in the best interest of the community to do so. Student club or student organization internal process(es) do not supersede or replace the college’s process.
Please note that the policies and procedures that govern cases of sexual harassment (an umbrella term for sexual misconduct) can be found on the Educational Equity website. Additionally, the policies and procedures that govern cases of academic integrity can be found 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) Adviser (Support): 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 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: The code of conduct 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: 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. At least three board members 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 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). Except where noted, these records are maintained for a period of seven (7) years, after the end of the academic year in which the incident took place or was resolved. Suspensions and expulsions records are maintained on an ongoing basis.
30) Student Organization: An organization, club, fraternity, eating house, 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 accountability 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.
The vice president for student life is responsible for the enforcement of College regulations and for making interpretive decisions regarding College regulations. The vice president for student life is authorized to designate all or part of this responsibility to such other persons as she/he/they deems appropriate. The vice president or designee is empowered to receive information regarding alleged violations of College policy and public laws and to undertake investigations necessary to determine both the extent of a respondent’s participation in those violations and the impact on the community or individuals. The vice president or designee also may refer information regarding alleged violations to the Office of Public Safety or the Title IX coordinator. The vice president has assigned responsibility for the supervision and coordination of the student conduct program to the dean of students and has designated certain College officials as student conduct case administrators for all allegations of code violations.
The following procedures will be used to address alleged violations of all policies outlined in the Student Conduct Policies section of the code. These procedures may be altered as necessary by the vice president for student life or designee in order to maintain a fair, equitable, and just process for all parties involved. Any alterations and a rationale for those alterations will be explained to all parties involved. Requests for reasonable accommodations must be submitted to the case administrator or dean of students/designee in advance of any official proceedings.
Information on Academic Conduct Procedures can be found in the Academic Conduct section of the Handbook.
Information on the policies and procedures that govern cases of sexual harassment (an umbrella term for sexual misconduct) can be found on the Educational Equity website.
Information related to possible policy violations or harms is received by the dean of students/designee from a variety of sources including, but not limited to, Public Safety, Residence Life, faculty, staff, and students.
The dean of students or designee will review all information forwarded to the Office of Student Conduct and determine if there is reasonable cause to allege a student or student organization has violated the Code of Conduct or that a student or student organization has caused significant harm. The dean of students/designee also may initiate an investigation to collect more information before determining if allegations will be made. An investigation may include, but not be limited to, interviews, written statements, and searches and may be conducted by the Office of Public Safety, Office of Residence Life, other College officials, or qualified individuals hired by the College as appropriate. No form of harassment or threats will be used by investigators in the process of investigating potential violations.
The Office of Student Conduct will not accept or hear any information coming from an anonymous source or that is presented outside of the conduct meeting/investigation nor will any such information be considered in the determination of the outcome of the case.
For information on reporting and investigation options for sexual misconduct, see the Lafayette College Interim Policy on Equal Opportunity, Harassment, and Nondiscrimination.
Possible resolution options are as follows:
A student may allege that another student or student organization violated the Code of Conduct or caused significant harm. Those wishing to allege violations may make a report with the Office of Public Safety or with the Dean of Students. To submit a report, CLICK HERE. Once the information has been forwarded to the Office of Student Conduct, the dean of students/designee will see that procedures outlined in this code are followed.
Except under emergency circumstances, College-owned or College-operated premises occupied by students and the personal possessions of students will not be searched by College officials unless authorization is obtained from the Student Life staff member on call, the dean of students/designee, or the vice president for student life. Authorization shall be made before a search is conducted. The authorization shall specify the reasons for the search and the objects sought. The student should be present, if possible, during the search. Regardless of the purpose of the search, however, alleged violations of the Code of Conduct discovered during a search may result in allegations being brought. Additionally, alleged violations that are observed in plain view by College officials, including resident advisers, may be reported to the Office of Student Conduct.
Interim restrictions may be imposed to ensure the safety and well-being of members of the Lafayette community or preservation of College property; to ensure the student’s own physical or emotional safety and well-being; or if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the College.
If a respondent or complainant feels an interim restriction has been put in place inappropriately, they may appeal first to the Dean of Student and then to the Vice President for Student Life.
The interim restriction process does not replace the regular conduct process, which shall proceed on schedule, up to and including the appeals process, if applicable.
In cases involving allegations of harassment, assault, physical injury, sexual harassment, sexual assault, dating violence, domestic violence, stalking, sexual exploitation and/or retaliation, or where there is reason to believe continued contact between a student and a specific person may interfere with that specific student’s security, safety, or ability to participate in work or studies, the College may issue a No Contact Order to those students that prohibits them from having verbal, physical, written, and/or electronic contact, either directly or through a third party or other means, with each other for a definite or indefinite period of time.
All parties involved will receive written notice of the No Contact Order.
Any violation of a No Contact Order will be considered a violation of the Code and a risk to the health, safety, or welfare of the person whom the student is prohibited from contacting under the directive, and may result in the initiation of the student accountability process against the student.
When the Dean of Students Office has reasonable cause to believe that the continued presence of a Respondent (student or student organization) on certain College-controlled property or at certain College-affiliated activities poses a risk to the health, safety, or welfare of others or to property or poses a risk of disruption of or interference with the normal operations of the College, the Dean of Students Office may impose an interim restriction measure on the Respondent prior to the resolution of the allegations of the Code violation(s) against the Respondent in the student accountability process.
Examples of interim restrictions measures include, without limitation, restrictions on the Respondent’s privileges to participate in College-affiliated activities, restrictions on the Respondent’s privileges to access certain College-controlled property, and the Respondent’s interim removal and/or reassignment from College-controlled housing.
The Respondent will receive written notice of the Interim Restriction and the basis for the Interim Restriction. Unless otherwise determined by the Dean of Students Office, the Interim Restriction will remain in effect until the conclusion of the student accountability process.
If the Respondent wishes to contest the Interim Restriction, the Respondent must request in writing to meet with the Vice President of Student Life within three (3) business days of the effective date of the notice of Interim Restriction. Upon receipt of a timely request for a meeting, the Vice President of Student Life (or their designee) will schedule a meeting with the Respondent at which the Respondent will be offered the opportunity to discuss the following issues only:
At the conclusion of the meeting, the Vice President of Student Life (or their designee) may remove, modify, or maintain the Interim Restriction and will notify the Respondent of their decision in writing.
Violations of the terms of an Interim Restriction may result in the initiation of the student accountability process and/or additional interim actions against the Respondent, and the Respondent may be trespassed from College-controlled property.
When the College has reason to believe that the continued presence of a Respondent (student or student organization) on College-controlled property or at College-affiliated activities poses a significant risk of substantial harm to the health or safety of others or to property or poses an ongoing imminent threat of disruption or interference with the normal operations of the College, the Dean of Students Office may impose an Interim Suspension on the Respondent prior to the resolution of the allegation(s) of the Code of Responsibility against the Respondent in the student accountability process.
If the Respondent wishes to contest the Interim Suspension, the Respondent must request in writing to meet with the Vice President of Student Life within three (3) business days of the effective date of the notice of Interim Suspension. Upon receipt of a timely request for a meeting, the Vice President of Student Life (or their designee) will schedule a meeting with the Respondent at which the Respondent will be offered the opportunity to discuss the following issues only:
At the conclusion of the meeting, the Vice President of Student Life (or their designee) may remove, modify, or maintain the Interim Suspension and will notify the Respondent of their decision in writing.
Violations of the terms of an Interim Suspension may result in the initiation of the student accountability process and/or additional interim actions against the Respondent, and the Respondent may be trespassed from College-controlled property.
The dean of students or designee, based on the initial report and any supplemental information from an investigation, will recommend a traditional conduct process or a restorative process.
Respondents have the right to pursue traditional or restorative options, and may opt out of either process in favor of the other at any time prior to an official outcome. No acceptance of responsibility will be passed with the transition from restorative to traditional process. Therefore, taking responsibility will not automatically be assumed if the process moves from a restorative to a traditional conduct process.)
Restorative approach provides students who have caused harm, are willing to voluntarily take responsibility for the harm that has been caused, and are willing to take steps to repair that harm, a means to achieve resolution. The range of restorative resolution options includes but is not limited to, the following:
Complainants will be contacted to review and weigh in on the initial recommendation and elected to participate.The College reserves the right to act as the complainant in order to provide an equal opportunity for all process options to be pursued. Respondents will then be contacted to discuss their rights and options moving forward through the recommended process.
Regardless of the restorative practice used, a plan will be developed by the participants to repair harm, address needs, and encourage growth and development. Restorative Practice outcomes are generated by the involved parties and must be mutually agreed upon. Restorative Practice Outcomes are not traditionally eligible for appeal.
The Office of Student Conduct reserves the right to refer a case to the traditional conduct process whether due to lack of participation, denial of responsibility, or other case-specific factors. Individuals who change between restorative and traditional processes will be assigned a practitioner and/or administrator based on availability. Issues with assigned practitioners and/or administrators will be accommodated based on available alternative options.
Notification of charges will act as the formal notification to students around alleged violations of the code of conduct.
Students who are named in filed reports and have an active or passive role in the investigation will be notified via their student email prior to any notification of charges.
Regardless of hearing type, all hearings are considered closed, private, and confidential. This ensures compliance with the Family Educational Rights and Privacy Act (FERPA) and protects all participants from retaliation. Those who disseminate information without the approval from the office of student conduct will be held accountable for their actions under the code of conduct.
Case Administrator Review Meetings are one on one meetings with a trained individual student life staff member who will determine responsibility and, if appropriate, sanctions.
Conduct Board Hearings are meetings with representatives from the Student Conduct Board. The Student Conduct Board consists of trained faculty, students, and staff representatives. Board representatives will determine responsibility and, if appropriate, sanctions. Board hearings are more formal in nature and are typically used for charges that could result in more serious outcomes, including but not limited to suspension or expulsion from the College. The dean of students or designee determines which cases are referred to the board. Board members’ information is not public information due to the level of case that is often referred to the board.
The Student Conduct Board is responsible for hearing cases that are referred to it by the dean of students or designee. At least three board members must be present for a hearing to take place. In the event that the proper number of current members are unable to serve in a particular case (due to a conflict of interest or scheduling issues), previous board members may be called upon to hear the case. In the event that no previously serving members are able to serve, student members will be identified and appointed by Student Government and faculty members will be identified and appointed by the Faculty Governance Committee.
Hearing panels make their determinations of responsibility by a majority vote.
The following procedures will be in effect for conduct meetings with a case administrator:
The respondent shall be contacted via campus email to schedule an informal conduct meeting with a case administrator regarding the alleged violation(s) of the Code of Conduct. During the meeting, the respondent will be notified of the particular way(s) in which the student is alleged to have violated the code, and of their procedural rights, and will be asked to provide information about the circumstances surrounding the alleged violation.
The respondent may be accompanied by an adviser of their choice from the student body, faculty, or administrative officers of the College. If the respondent is planning to bring an adviser, their name and contact information must be submitted to the case administrator at least 24 hours prior to the scheduled meeting. It is the responsibility of the respondent to ensure the advisor is present.
If the case administrator determines, after reviewing the information and talking with the respondent, that it is more likely than not that the respondent is not responsible for the allegation, the respondent will be found not responsible and the process will end.
If the respondent accepts responsibility for the allegation or if the case administrator determines, after reviewing the information and talking with the respondent, that it is more likely than not the respondent is responsible for the allegation, the case administrator will assign appropriate educational and developmental sanctions for the situation. If the respondent accepts responsibility for the alleged policy violation, the respondent can only appeal the sanctions. If the respondent does not accept responsibility for the alleged violation, the respondent may appeal the decision according to the procedures outlined below in Section 7: Appeals Procedures.
Regardless of outcome, respondents will be formally notified via electronic documentation of the decision via their college email, within 3-4 business days, following the hearing.
The following procedures will be in effect for conduct cases heard by members of the Student Conduct Board:
At least 48 hours prior to the hearing, the respondent shall be given written notification via their Lafayette College email of the time and place of the meeting and a written statement of the specific allegations. The respondent shall be entitled to a reasonably expeditious hearing of the case.
Hearings shall be conducted by members of the Student Conduct Board, with the dean of students or designee acting as a non-voting chair. Board panels will be composed of three members of the Student Conduct Board, in any configuration. Participation is decided by the dean of students or designee. Selection for each hearing will depend on a variety of considerations, including, but not limited to, prior experience with the conduct process, the nature of the case, schedule conflicts, recusal due to conflict of interest, and distribution of workload among the board members.
Respondents and panelists will have the opportunity to identify conflicts of interest in advance of the hearing. Decisions will be made by majority vote of those present.
Conduct Board hearings shall be open only to panelists chosen from the board, the respondent, the complainant and, for relevant portions of the hearing, witnesses. In addition, the respondent, complainant, or a witness who is a direct victim of the violation may each be accompanied by an adviser chosen from the student body, faculty, or administrative officers of the College throughout the entire time each student is present in the hearing (It is a student’s/organization’s responsibility to obtain an adviser.).
The purpose of the adviser is to advise the student, but the adviser may not directly address the panel or other individuals in the room besides the student being advised. Names of advisors should be submitted to the hearing chair at least 24 hours in advance.
Respondents and Complainants must submit the names and contact information of any witnesses to the hearing chair at least 48 hours prior to the hearing. Witnesses will be reviewed for relevance by the hearing chair.
The respondent shall be entitled to appear in a live setting and present a response to the panel and may produce either oral or written information on their behalf. Information being presented to the panel should be submitted to the hearing chair at least 24 hours in advance and will be reviewed for relevance.
The respondent also may elect not to appear before the panel, in which case the hearing shall proceed without the respondent. The panel will render a decision based on the information presented at the hearing.
The hearing chair will be responsible for maintaining an appropriate audio record of the proceedings and outcome, which shall be available for review by appeal panelists and the appellant(s) during the appeal process.
Respondents, complainants, and/or witnesses or advisers may participate in the hearing remotely via telephone, video conference, or other appropriate means provided the guidelines and procedures outlined in this Code are followed. The hearing chair is responsible for maintaining order during the hearing and may take all steps reasonably necessary to ensure an orderly conduct meeting up to and including censure and removal of disruptive individuals.
Regardless if the college is acting as the complainant, the hearing chair will provide an opening statement on behalf of the college. The opening statement will include; a summary of the event(s) under review, the charges alleged against the respondent, and considerations for the panel to assist in determining responsibility.
The respondent may ask questions of the panel. The panel shall grant the student the opportunity to hear and question all witnesses that present at the hearing. In some cases, students will direct questions to the hearing chair, who will then relay them to the other party.
No party can be compelled to answer questions, and the College reserves the right to present information from witnesses unwilling to attend the hearing or have their identity included in the process. All participants may decline to answer any questions asked of them.
The respondent may challenge the credibility and accuracy of any information presented at the hearing. The hearing body shall not be bound by the rules of evidence used in the conduct of trials and courts of law. The standard to be used shall be Preponderance of Evidence.
The respondent shall be informed in writing of the outcome of the hearing in a timely manner. If applicable, a respondent shall be notified of the right to appeal the decision and the procedures that will apply to the appeal.
The following procedures will be in effect for any restorative process:
Harmed parties will be contacted and presented with options regarding their involvement and preference with a restorative process. If a harmed party chooses a restorative option, the process they select will be presented to the other parties for consideration. The restorative process may proceed without a harmed party, if deemed appropriate by the restorative practitioner. If the restorative practitioner determines that a restorative process is appropriate and the harmed parties do not wish to participate, the College may assume the role of harmed party.
The respondent shall then be contacted to schedule an informal meeting with a restorative practitioner regarding the alleged violation(s)and/or harm(s). During the meeting, the respondent will be notified of the particular way(s) in which the student is alleged to have violated the code and/or caused harm, and will be asked to provide information about the circumstances surrounding the alleged violation. Furthermore, the respondent will be given the opportunity to pursue the restorative or traditional process. If the respondent elects to pursue the restorative process, the respondent must be willing to accept responsibility for the harm caused and fully engage with the restorative process.
The harmed party and/or respondent may be accompanied by an adviser of their choice from the student body, faculty, or administrative officers of the College. Names and contact information of advisors should be submitted to the restorative practitioner at least 24 hours in advance to any scheduled meeting.
If the restorative practitioner agrees, after talking with the respondent, that a restorative process is appropriate, the practitioner will give the respondent recommendations for applicable restorative practices and outline the necessary steps to initiate, engage with, and complete the process.
If the restorative practitioner determines, after talking with the respondent, that a restorative process is not appropriate, the practitioner will then refer the case to a conduct case administrator to be adjudicated through the traditional process. No acceptance of responsibility will be passed with the transition from restorative to traditional process.
If the restorative practitioner determines, based on the respondent’s engagement, that a restorative process is not appropriate, the practitioner will then refer the case to a conduct case administrator to be adjudicated through the traditional process. No acceptance of responsibility will be passed with the transition from restorative to traditional process.
Once the restorative process has been completed, all involved parties will sign off on the agreed upon outcomes and the restorative process will end. Any requirements related to the outcome of the process will be administered/monitored by the restorative practitioner.
Per the restorative process, outcome(s) will be agreed upon by all parties involved in the restorative practice. These outcomes will act in place of traditional sanctions and will be treated as such.
The Respondent and any Complainant may bring an adviser to any portion of the conduct or restorative process. 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.
The Respondent and/or Complainant must notify the Meeting Facilitator(s) in advance of the meeting of their intent to have an adviser and the adviser’s name.
The responsibility of an adviser is to interact only with the student being advised. Advisers may not interact with case administrators, members of the committee, or witnesses presented by other students or the College.
The Respondent and any Complainant will have an opportunity to present relevant information and Witnesses in response to and in support of the alleged violation(s). The Respondent and any Complainant will have the opportunity to examine or introduce all relevant information leading to the alleged violation(s) and to respond to all Witness testimony.
The case administrator will not accept or hear any information coming from an anonymous source or that is presented outside of the conduct meeting nor will any such information be considered in the determination of the outcome of the case.
The case administrator will decide whether to allow and consider information. The rules of evidence used in courts of law are not followed in the student conduct process. Generally, a case administrator will agree to hear information that is relevant to the subject matter of the meeting and is fair and reliable under the circumstances of the case. Character testimony is generally not considered relevant.
Additionally, the College will release the final results of any student conduct proceeding to a reporting party (or the reporting party’s next of kin if the reporting party is deceased) of any crime of violence, or non-forcible sex offense upon written request. All such disclosures will occur regardless of the outcome of the complaint.
Any student (a “Respondent”) alleged to have violated the Code of Responsibility subject to student accountability proceedings before the case administrator, conduct board, or hearing officer, will be afforded the following rights:
Any student (a “Respondent”) alleged to have violated the Code of Responsibility subject to student accountability proceedings before the case administrator, conduct board, or hearing officer, will be expected to hold the following responsibilities:
During the accountability process, student organizations receive similar student rights and responsibilities.
Student organizations will be held responsible for their member’s behaviors. The members include current students, alumni, and guests as it pertains to actions and behaviors associated with the organization. Organizations must ensure members abide by the expectations, standards, processes, and protocols associated with being affiliated with the organization. Organization leadership must ensure all members adhere to Code, other College policies & procedures, and organizational policies and procedures.
As student organizations may have internal accountability processes as mandated by their regional or national organization, the student organization leadership must inform the College of such. The student organizations are expected to inform the Student Involvement and Leadership of any alleged violation(s), the finding, and the outcomes. The student organization must ensure the responsible student completes the educational outcome.
Students and student organizations must recognize that violations of College and statutory rules and regulations can have significant impact and long term consequences. Students and organizations are encouraged to recognize their own responsibility for their actions and to realize that ignorance of the rules of the College, being under the influence, personal beliefs about college policy, or such similar evasions are not an excuse for violations.
Accountability plans are developmental tools that enable the College to respond to student’s documented misconduct in appropriate and restorative ways. They may be educational or disciplinary in nature.
A responsible outcome (whether the respondent is found responsible by a case administrator, hearing body, or accepted responsibility through a case administrator review meeting), will result in an accountability plan for the respondent.
Accountability plans provide the official institution response to violation(s) of the Code. The accountability plans must be aligned to the responsible conduct in addition to the educational, restorative, developmental, and accountability needs for the student(s) in the accountability process. The plans are progressive, resulting in increased severity for repeated violations. The plans may include a combination of student status and conduct sanction responses. Violation of any student statuses or conduct sanctions can warrant a review by the Dean of Students Office and may result in additional conduct responses.
While points of reference have been established to provide for consistency between the case administrators and hearing boards regarding the incident types, the adjudicating team are encouraged to use their discretion in determining which sanctions best reflect the incident and respondent’s holistic needs.
The following factors may be considered while creating an Accountability Plan:
Violations of the Code can result in one or more student statuses. When determining whether a community status is appropriate, the case administrator or hearing body will consider the nature of the incident and its context as well as any prior disciplinary findings.
When a respondent is found responsible for violating the community standards or causing significant harm, the case administrator, restorative practitioner, or appropriate hearing body will impose sanctions that are intended to maintain an environment conducive to the achievement of the College’s educational mission, repair harm caused, and provide opportunities for the respondent to learn and grow as a result of the incident.
Sanctions align within the following categories:
Sanctions imposed by a board panel, case administrator, or restorative practitioner take effect immediately following notification of the outcome.
The sanctions listed below are not exhaustive and may be added to or modified by the case administrator, restorative practitioner, or board panel as deemed appropriate to achieve the goals mentioned above. Student statuses can also serve as appropriate sanctions.
The sanctions intend to communicate to respondents that their actions have a resounding effect on others and the campus community. The College’s mission is to educate and give opportunity for growth and development. As such, harms can be repaired through intentional actions and genuineness. However, repeated or escalated behavior could result in suspension or expulsion.
Individual departments and programs, both internal and external to the College, may establish their own guidelines that rely in part on a student’s disciplinary status. It is important to note that even if the case administrator or board panel has assigned a sanction that does not have any restrictions, this does not preclude other programs and organizations from enacting their own sanctions or limitations based on these sanctions.
Educational & Developmental Sanction: Individuals or organizations may be required to participate in or develop an educational experience such as a program, class, workshop, online tutorial, presentation, or individual meeting.
Fines: If deemed necessary, fines will be billed to a student’s College account or assessed to a student organization as appropriate.
Loss of Privileges: Individuals or organizations may be denied access to privileges afforded to them as a member of the community as appropriate. Privileges include, but are not limited to, internet access, parking privileges, cross-visitation, off campus housing, and involvement in College programs or activities.
Advisor(s) and/or Dean(s) Conference: The Advisor(s) and/or Class Dean(s) to the student or student organization will be asked to have a conference (in person or over the phone) with the respondent and an appropriate College administrator(s) to discuss the incident and develop a plan for moving forward and being accountable.
Official Notice of Concern: An official notice indicating that subsequent violations of College regulations, policies, or standards will result in a review for suspension or dismissal.
Parent(s) and/or Guardian(s) Conference: The parent(s) and/or guardian(s) will be asked to have a conference (in person or over the phone) with the respondent and an appropriate College administrator to discuss the incident. Conferences will only be considered when the student has given direct written permission or the situation is deemed to be at a level when subsequent violations could lead to suspension or expulsion.
Parent(s) and/or Guardian(s) Notification: A letter informing the parent(s) or guardian(s) that the student was involved in an incident that could impact their student status. A letter will be sent to the address on file for the respondent’s parent(s) and/or guardian(s). Notifications will only be considered when the student has given direct written permission or the situation is deemed to be at a level when subsequent violations could lead to suspension or expulsion.
Restitution: Restitution may be billed by the College for services employed or damages resulting from a student or organization’s behavior. The College will not facilitate restitution between individual students or private citizens. Such issues will need to be resolved by filing a criminal complaint with police.
Revocation of Admission/Degree: Admission to or a degree awarded from the College may be revoked for fraud, misrepresentation, or other violations of institutional standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
Substance Use Assessment: Individuals may be required to complete a substance use assessment with an agency identified by the College or of the student’s choosing. A student also may be required to complete any recommendations for treatment resulting from the assessment. The student will be required to furnish proof of completion of any required assessment or treatment.
Other Sanctions: Case administrators, hearing panels, restorative practices may create and design sanctions as appropriate to achieve the goals of sanctioning mentioned above and to respect the individuality of each case and each respondent. These may include, but are not limited to: formal apologies, reflection papers, research papers, service projects, acts of service, program attendance, meetings, presentations, program creation, etc.
Respondents who do not complete their assigned sanctions by the deadline provided to them may be subject to a conduct meeting or hearing for failing to comply. Repeated violations, including failing to comply with conduct sanctions, will result in increasingly severe sanctions up to and including expulsion.
In cases where a violation has been determined to have occurred, and it is deemed more likely than not that the respondent’s actions were based on the actual or perceived identity of another individual or group of individuals (including, but not limited to, race, color, religion, sex, sexual orientation, gender identity and expression, national or ethnic identity, age, mental or physical disability, veteran status, or pregnancy status), the preponderance of bias information may be considered by the case administrator or board panel as an aggravating factor in determining an appropriate sanction.
The sanctioning guidelines from previous versions of the Code of Conduct process were removed from this document. As case administrators and board panels impose the sanctions deemed appropriate to achieve the restorative approach, the display of minimal sanctions for individual students and organizations fail to allow intentional responses to policy violations.
For individuals, FERPA allows the College to notify parents and guardians of policy violations. In the incidents of violations of the College alcohol or drug policy or concerns of safety and security, the Office of Student Conduct or Dean of Students may notify parents of the alleged policy violation and appropriate necessary action steps.
For organizations, the leadership of any related external organization and/or appropriate representatives of the organization, if applicable, will be notified. Student organizations co-sponsoring events will be held equally accountable for violations of College policy. Additionally, in some instances with organizations, the second and third offense sanctions are applicable if the subsequent offenses occur within two years of the first offense.
If the policy violation necessitates removal of an organization’s recognition, the College will revoke recognition of an organization for a specified time period and the organization may be required to comply with specified requirements in order to restore recognition in the future. An organization whose recognition is removed is no longer eligible to receive benefits normally afforded to student organizations including, but not limited to, the ability to utilize College facilities or funds to support any student organization related activity.
Under certain circumstances, as outlined in these procedures, respondents may appeal the decision of the original conduct case administrator or conduct panel to an appeal panel, which will be composed of members of the Student Conduct Board who were not involved in the original decision.
A student who wishes to appeal the decision of a case administrator or panel must submit the appeal to the Office of Student Conduct by 5 p.m. on the third business day following the day the official outcome letter was sent to the respondent. Instructions for submitting an appeal are included in the original outcome letter.
The written appeal must:
The option to appeal is limited to respondents who participated in the original conduct hearing or meeting. For an appellant who accepted responsibility, the only ground of appeal is inappropriate sanction (see below). Appellants who did not accept responsibility are permitted to appeal on any or all of the following grounds:
Upon receiving the written appeal, the dean of students or designee will identify three appeal panel participants from the Student Conduct Board who were not involved in the original decision. Selection of panelists for each case will depend on a variety of considerations, including, but not limited to: prior experience with the conduct process, the nature of the case, schedule conflicts, recusal due to conflict of interest, and distribution of workload among the board members.
Both panelists and appellant(s) will be given the opportunity to identify conflicts of interest.
Additionally, once the written appeal is received, the dean of students or designee will share the appeal with the original panel and/or case administrator, who will file a written response with the Office of Student Conduct, usually within three business days.
The dean of students or designee will share the appeal submission and all related materials, including the original panel and/or case administrator’s response, with the appeal panel, the appellant, and, if applicable, to any other party who has been granted an equal opportunity for appeal.
In cases where a witness or complainant has been granted an equal opportunity for appeal, the procedures listed in this section may be initiated by that student rather than the respondent. Additionally, when more than one student has the right to appeal in a case, each will have the opportunity to submit a response to the other’s initial letter of appeal, if applicable, and those responses will be transmitted to the original panel or case administrator, the appeal panel, and the other student(s), either complainant(s) or respondent(s), involved in the case. In the event that only one party submits an appeal, the other party will be given a copy of that appeal and three business days to submit a response.
An appeal meeting will take place at least 24 hours after the appeal panel members have received all documents in the case and normally within three weeks of the date the appellant’s written appeal has been received.
The appeal panel will receive information about any past conduct matters in which the respondent was found responsible for violating the code. In cases where the respondent is an organization, conduct history will be provided for the previous four academic years. The appellant will have access to all information provided to the appeal panel.
Appeal meetings are closed meetings. The panel’s deliberations are not recorded. The dean of students or designee will attend as a non-voting participant to ensure procedural integrity. No one else will be present unless the panel determines a meeting with the appellant, another involved party, the panel chair or case administrator, or any witnesses is/are necessary. In cases where others are invited to provide information or answer questions, the proceedings will be recorded so long as those individuals are in the room.
The appellant, and any other party granted an equal opportunity to appeal, may be present any time the proceedings are being recorded. An appellant may request a meeting with the appeal panel, but the panel is not obligated to allow it if it is deemed unnecessary. Any time the appellant is present, the appellant may be accompanied by an adviser chosen from the student body, faculty, or administrative officers of the College (it is the student’s responsibility to obtain the adviser.)
The purpose of the adviser is to advise the student, and the adviser may not directly address anyone else, including the panel or witnesses.
The appeal panel shall limit itself to reviewing the case in light of the specific ground(s) raised by the appellant. The appeal meeting is not a new hearing, but the panel will have a record of the case at its disposal. The appeal panel has the authority to uphold, reverse, increase the sanction, or modify the decision of a case administrator or board panel, or to refer the matter back to the original case administrator or original board panel for a rehearing. The appeal panel’s decision is final and there is no additional opportunity for appeal.
All records pertaining to student conduct meetings or hearings and restorative processes are maintained either on paper or electronically by the 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). Except where noted below, these records are destroyed seven (7) years after the end of the academic year in which the incident took place or was resolved.
The following types of records are destroyed 80 years after the end of the academic year in which the incident took place or was resolved:
Letters explaining the outcome of a conduct meeting or hearing that are delivered to a student or organization may be copied to other departments as appropriate. Copies of these letters that have been released in accordance with FERPA are subject to the records policies of other departments or college personnel, as appropriate. Copies of these letters that have been released in accordance with FERPA illustrate the College’s value of educating the whole student at every opportunity, both in and out of the classroom. These copies are subject to the records and confidentiality policies of those individuals and departments that received them and also may be released in accordance with FERPA for educational purposes.
In accordance with the Family Educational Rights & Privacy Act (FERPA), the Disciplinary Records of a student generally cannot be released without the permission of the student. Exceptions to this are found in 34 C.F.R. § 99.31.
Different institutions of higher education have different policies and procedures related to student records retention and release. Colleges and universities are free to determine what the institution considers “reportable” to outside institutions, potential employers, and graduate or professional programs, and what specific information is reported. The Dean of Students Office may designate student conduct records as “non-reportable,” which signifies that the record will be maintained by the College and not disclosed to an external third party (e.g., transfer institution, graduate school, employers, etc.) expect required by law, such as a court order or subpoena. An example of a “non-reportable” sanction is warnings, housing sanctions, Good Samaritan responses, and anything less than the level of accountability probation.
For release of information requests, the Dean of Students Office will answer the asked questions. If deemed necessary, the Dean of Students Office will release limited information regarding the violation and the sanction.
It is the policy of the College to report Non-Academic Conduct Disciplinary Records for a formal disciplinary action in which a student is found responsible for violating the Lafayette Code of Conduct and a primary sanction of suspension or expulsion is assigned.