Code of Student Conduct

For the most up-to-date Code of Student Conduct, visit Clinton.edu.

Student Responsibility at Clinton Community College

Being a responsible citizen in our college community is an important part of your education on our campus. Existing and thriving in this community requires you to possess and display responsibility, integrity and decency, and to depend on these qualities in other people. As student members of this community, we call upon you to help us support the wide array of personal, academic, and career goals you share by adhering to the Code of Student Conduct that follows. Doing so will enable this community to support you in a positive, progressive, and inclusive manner as you pursue your goals.

Interpretation of Regulations

The purpose of publishing disciplinary regulations is to give students general notice of prohibited behavior. This Code is not written with the specificity of a criminal statute.

Procedural Protections

Students accused of disciplinary violations are entitled to the following procedural protections:

To be informed of the charge and alleged misconduct upon which the charge is based within a reasonable time frame.
To request that the Dean of Student Affairs, or his/her designee, resolve the case at an informal disciplinary conference.
To be allowed reasonable time to prepare a defense.
To be informed of the evidence upon which a charge is based and accorded an opportunity to offer a relevant response.
To call and confront relevant witnesses.
To be assured of confidentiality, in accordance with the terms of the federal Family Educational Rights and Privacy Act (FERPA).
To request that any person conducting a disciplinary conference or serving as a disciplinary board member or hearing officer be disqualified on the ground of personal bias.
To be considered innocent of the charges until proven responsible by a preponderance of the evidence.
To be advised by a person of their choice as outlined in this code.
Note: decisions are made based on the preponderance of evidence in each case as reviewed by the appropriate disciplinary board.

Authority for Student Discipline

Ultimate authority for student discipline is vested in the President of the College. Disciplinary authority may be delegated to College administrators, faculty members, committees, and organizations, as set forth in this Code, or in other appropriate policies, rules, or regulations adopted by the President or the Board of Trustees.

Student Participation

Students are asked to assume positions of significant responsibility in the College disciplinary system in order that they might contribute their skills and insights to the resolution of disciplinary cases.

Definitions

Unless otherwise stated, the following definitions will apply: “College” means Clinton Community College including all functions of the Faculty Student Association.
“Faculty Student Association” (FSA) refers to the corporation that is responsible for administering the following auxiliary services of the College:
1. Bookstore
2. Dining Facilities
“Student” refers to anyone registered to take one or more semester hours at the College or at any college off-campus location.
“Code” refers to the College Code of Student Conduct.
“Board” refers to the Board of Trustees of the College.
“President” refers to President of the College or his/her designee.
“Member of the College community” includes any person who is a student, faculty member, College official or any other person employed by the College or the Faculty Student Association (FSA).
“College premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College, and/or the Faculty Student Association.
“Policy” is defined as the written regulations of the College as found in, but not limited to:
1. Code of Student Conduct
2. Student Handbook
3. College Catalog
“Functions” of the College are those activities or events that are initiated, supported, recognized or promoted by the College. Such activities include, but are not limited to:
1. Teaching
2. Research
3. Administration
4. Student Activities
“Weapon” is defined in accordance with state law and includes any object or substance designed to inflict a wound or cause injury.
“Accused Student” is defined as any student accused of violating this code.
“Complainant” is defined as any person who submits a statement alleging that a student violated this code.
“Force” is defined as the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent.
“Retaliation” is defined as any action by any person that is perceived as intimidating, hostile, harassing, retributive, or violent that occurred as a result of the making and follow-up of a report of a violation of this code of conduct.
“Consent” must be clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable, clear permission regarding willingness to engage in (and the conditions of) sexual activity.
1. Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.
2. Previous relationships or prior consent cannot imply consent to future sexual acts.
3. Lack of consent may also exist when the victim is unable to give consent, either because of the victim’s use of drugs, alcohol, or other substances, or because of a mental disorder or developmental or physical disability.

Inherent Authority

The College reserves the right to take necessary and appropriate action to protect the safety and well being of the campus community. Such action may include pursuing disciplinary action for any violation of state or federal law — on or off-campus — that affects the College’s educational interests.

Disciplinary Action While Criminal Charges are Pending

Students may be accountable both to civil authorities and to the College for acts that constitute violations of the law and of this Code. Disciplinary action at the College will normally proceed during the pendency of criminal proceedings, and will not be subject to challenge on the grounds that criminal charges involving the same incident have been dismissed or reduced.

Interim Suspension

The Dean of Student Affairs, or his/her designee, may suspend a student from the College immediately for an interim period pending disciplinary or criminal proceedings, or medical evaluation.

The interim suspension will become immediately effective without prior notice whenever there is evidence that the continued presence of the student at the College poses a substantial and immediate threat to others, or to the stability and continuance of normal College functions.

During an interim suspension, the student shall be denied access to the campus (including classes), and shall be denied access to any electronic services of the college, including distance learning, e-mail, and/or all other college activities or privileges in which the student may otherwise be able to participate.

A student suspended on an interim basis will be given a prompt opportunity to appear personally before the Dean of Student Affairs, or his/her designee, in order to discuss the following issues only:

The reliability of the information concerning the student’s conduct, including the matter of his or her identity.
Whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on College premises poses a substantial and immediate threat to others or to the stability and continuance of normal College functions.

Standards of Classroom Behavior

The primary responsibility for managing the classroom environment rests with the faculty. Students who engage in any prohibited or unlawful acts that result in disruption of a class may be directed by the faculty member to leave the class for the remainder of the class period. A disciplinary conference or disciplinary hearing must precede longer suspensions from a class, or dismissal on disciplinary grounds.

Faculty members are encouraged to specify in their syllabi any types of behavior not listed in this Code that they consider disruptive, or that would otherwise compromise the quality of their classroom environment.

For more information, please contact the office of the Vice President for Academic Affairs.

Prohibited Conduct

Conduct in violation of this Code for which disciplinary sanction will be imposed include:

Dishonesty — Acts of dishonesty include but are not limited to:
1. Violation of the College Policy on Academic Honesty
2. Furnishing false information to any College official, faculty member or office, forgery, alteration, or misuse of any College document, record, or instrument of identification
3. Tampering with the election of any College recognized student organization
Safety and Security — Any violent behavior is prohibited This includes, but is not limited to:
1. Physical abuse
2. Verbal abuse
3. Intimidation
4. Harassment
5. Coercion
6. Behavior that is considered stalking
7. Dating violence and domestic violence
8. Any conduct which threatens or endangers the health or safety of any person
Disruption or obstruction of College functions.
Attempted or actual theft of, or defacement/damage (vandalism) to property of the College or property of a member of the College community or other personal or public property.
Hazing — an act, which endangers the mental or physical health or safety of a student for the purpose of initiation, admission into, affiliation with, or as a condition for membership in a group or organization. The scope of hazing is not limited to groups or organizations recognized by the College.
Failure to comply with directions of College officials, security officers, or law enforcement officers who have identified themselves and who are acting in performance of their duties, and/or failure to identify oneself to these persons when requested to do so.
Unauthorized possession, duplication or use of keys to any College premises or unauthorized entry to or use of College premises or Faculty Student Association premises.
Use, possession or distribution of narcotics, other controlled substances, or drug paraphernalia except as expressly permitted by law, or public impairment resulting from the unlawful use thereof on College, or FSA property or at College/FSA sponsored/supervised functions off campus. Any student who becomes impaired after using controlled substances or who becomes physically violent, aggressive or uncooperative with College, FSA, or security staff is in violation of this section of the Code of Conduct.
Use, possession or distribution of alcoholic beverages on College or FSA premises. Public intoxication, whether on College or FSA property, use/possession/distribution of alcohol and/or public intoxication while at a college sponsored/supervised function off-campus is also prohibited.
Unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on College/FSA premises.
Obstructions of the free flow of pedestrian or vehicular traffic on College premises or at College/FSA sponsored/supervised functions.
Conduct which is disorderly, lewd, or indecent (including inappropriate language in public areas), breach of peace; or aiding, abetting, or procuring another person to breach the peace on College/FSA premises or at functions sponsored by, or participated in, by the College.
Sexual misconduct — Acts of sexual misconduct include but are not limited to:
1. Non-consensual sexual intercourse (or attempts to commit same) which is defined as any sexual intercourse, however slight, with any object, by a man or woman upon a man or woman, that is without consent and/or by force. Intercourse includes: vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.
2. Non-consensual sexual contact (or attempts to commit same) which is defined as any intentional sexual touching, however slight, with any object, by a man or a woman upon a man or a woman that is without consent and/or by force.
3. Sexual exploitation which is defined as occurring when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:
  - Invasion of privacy
  - Prostituting another student
  - Non-consensual video or audio taping of sexual activity
  - Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex)
  - Engaging in voyeurism
  - Knowingly transmitting an STI or HIV to another student
  - Exposing one’s genitals in non-consensual circumstances
  - Inducing another to expose their genitals
  - Sexually-based stalking and/or bullying may also be forms of sexual exploitation
4. Sexual Harassment is defined as unwelcome, gender-based verbal or physical conduct that is sufficiently severe, persistent or pervasive that it unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the college’s education program and/or activities, and is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.
5. Sexual Violence is defined as physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent, including, but not limited to rape, sexual battery, and sexual coercion
  *Further information and definitions relating to sexual misconduct can be found in the College Catalog, the Student Handbook, and on the College website at www.clinton.edu.
Theft or other abuse of computer resources (College and FSA), including but not limited to:
1. In accordance with the Digital Millennium Copyright Act (DMCA), College policy also forbids the copying, distribution, downloading, and uploading of copyrighted materials on any personal or College computer system. These materials include, but are not limited to, text (including e-mails and web information), graphics, art, photographs, music, film, and software.
2. Unauthorized entry into a file to use, read, or change the contents, or for any other purpose.
3. Unauthorized transfer of a file.
4. Unauthorized use of another individual’s user identification or password or PIN.
5. Unauthorized use of data intended for another individual.
6. Unauthorized use of computing/data processing equipment.
7. Use of computing resources to interfere with the work of another student, faculty member or College official.
8. Use of computing resources to send obscene or abusive materials.
9. Use of computing resources to interfere with normal operation of the College computing system.
10. Use of computers for personal purposes unrelated to educational program or campus activities.
Abuse of the College disciplinary system, including but not limited to:
1. Failure to obey the summons of a disciplinary body, i.e., the Dean of Student Affairs, and the Campus Disciplinary Boards.
2. Falsification of any incident report to any college, FSA, or security official or any disciplinary body is prohibited.
3. Disruption or interference with the orderly conduct of a disciplinary proceeding.
4. Attempting to discourage an individual’s proper participation in, or use of, the disciplinary system.
5. Attempting to influence the impartiality of a member of a disciplinary body prior to, and/or during the course of, the disciplinary proceeding.
6. Harassment (verbal, non-verbal or physical) and/or intimidation of a member of a disciplinary body prior to, during, and/or after disciplinary proceedings.
7. Failure to comply with the sanction(s) imposed under the Student Code by a Disciplinary Board.
8. Influencing or attempting to influence another person to commit an abuse of the disciplinary system.
9. Retaliation in any form.
Violators of the Digital Millennium Copyright Act who have illegally shared copyrighted files are subject to civil penalties of between $750 and $150,000 per song. As of 2008, past pre-litigation settlements offered by copyright owners such as the Recording Industry Association of America (RIAA) have ranged from $3,000 to $4,000 and up. Additionally, a court may, at its discretion, grant the copyright owner reasonable attorney fees. Although prosecution of students for this type of file sharing is extremely rare, 17 USC § 506 lays out criminal penalties for intentional copyright infringement which can include fines and jail time.
Violation of published College policies, rules or regulations, filed in the office of the Dean of Student Affairs. Such regulations or policies may include the College Policy Against Harassment and Discrimination, Policy Against Sex Discrimination and Sexual Harassment, computer use policy, as well as those regulations relating to hazing, entry and use of College facilities, use of amplifying equipment, campus demonstrations, parking rules and regulations, and regulations governing student organizations.
Violation of federal, state or local law on College/FSA premises or at College/FSA sponsored or supervised activities.
Smoking is permitted in designated smoking areas only.

Sanctions

The Lower Disciplinary Board may impose the following sanctions.

Warning — Notice to the offender, orally or in writing, that continuation or repetition of the wrongful conduct within a period of time stated in the warning may be cause for additional disciplinary action.
Censure — Written reprimand for violation of specified regulation, with notice of more severe disciplinary sanction in the event of being found responsible for any further violation(s) of any College regulation within a period stated in the letter of reprimand.
Community Service — Service to the College or community to compensate for violation of the Code. This may include substance abuse education and/or counseling.
Restitution — Reimbursement for theft, damage to, or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.
Suspension — Exclusion from classes and other privileges or activities as set forth in the notice of suspension for a defined period of time.
Expulsion — Termination of student status for an indefinite period. The conditions of re-admission, if any, will be stated in the order of expulsion.
Other Sanctions — Other sanctions may be imposed instead of, or in addition to, those specified in sections (1) through (9) of this part. Service or research projects may also be assigned.

Disciplinary Process

Standards of Due Process

The purpose of campus disciplinary proceedings is to provide a fair evaluation of an accused student’s responsibility for violating College regulations. Formal rules of evidence will not be applied, nor will deviations from prescribed procedures necessarily invalidate a decision, unless significant prejudice to a student respondent or the College may result.

For example, the College reserves the right to adapt these procedures as necessary to accommodate issues and situations unique to online students and online learning.

Case Referrals

Any person may refer a student or a student group or organization suspected of violating this Code to the Dean of Student Affairs, or his/her designee.

Those referring cases are normally expected to serve as the complainant, and to present relevant evidence in disciplinary hearings or conferences.

Conference and Disciplinary Board Referrals

The Dean of Student Affairs, or his/her designee, will conduct a preliminary review to determine whether the alleged misconduct might result in expulsion or suspension from the College. Students not subject to suspension or expulsion will be entitled to an informal disciplinary conference with the Dean of Student Affairs, or his/her designee. Students who are subject to suspension or expulsion will be entitled a fact-finding hearing before the Lower Disciplinary Board.

Students referred for a fact-finding hearing by the Dean of Student Affairs or his/her designee, may elect to have their cases resolved in accordance with Disciplinary Conferences sections of this Code. Such an election must be in writing, affirming that the student is aware a disciplinary hearing is being waived and that the full range of sanctions may be imposed, including suspension or expulsion from the College.

The Dean of Student Affairs, or his/her designee, may defer proceedings for alleged minor violations of this Code for a period not to exceed ninety days. Pending charges may be withdrawn thereafter, at the discretion of the Dean of Student Affairs, or his/her designee.

Disciplinary Conferences

Students may choose to have an administrative hearing with the Dean of Student Affairs and his/her designee in lieu of a fact-finding hearing when the student does not dispute the basic facts, admits responsibility, and waives his/her right to a recorded, fact-finding hearing. Further, the student must agree to waive his/her rights to appeal the outcome and sanctions of the disciplinary conference in writing. Disciplinary conferences are not recorded. The waiver form and outcomes will be kept in the student’s file. Student rights include:

Written notice of the specific charges at least (5) business days prior to the scheduled conference.
Reasonable access (during College business hours) to the case file prior to and during the conference. The case file consists of materials, which would be considered “educational records,” pursuant to the Family Educational Rights and Privacy Act of 1974; personal notes of College staff members or complainants are not included.
An opportunity to respond to the evidence and to call relevant and necessary witnesses.
A right to be accompanied by an advisor.

Timeline extensions: If extraordinary circumstances prevent any steps from occurring within the stated time frame, all parties will be promptly notified and will be given an estimated time for the step to occur. Participants may also request an extension from the College, which should be granted if it will not unduly prejudice the rights of the other party.

More than (1) Accused Student

In hearings involving more than one accused student, the Chair of the Lower Disciplinary Board, at her/his discretion, may choose to hold the hearings separately or jointly. In these cases, the Chair of the Lower Disciplinary Board would require students attending joint disciplinary hearings to either sign a waiver or give verbal consent.

Lower Disciplinary Board

Membership

The Lower Disciplinary Board will consist of the following five (5) members: two students, two faculty members
and one college staff member. The Faculty Council, upon recommendation from the President, will approve the faculty members. The Dean of Student Affairs will approve the students.

A quorum will consist of three members. The Dean of Student Affairs, or his/her designee, will be responsible for training and providing administrative support to the Lower Disciplinary Board.

The Dean of Student Affairs, or his/her designee, may establish an ad hoc disciplinary board whenever the regular disciplinary board is not constituted, is unable to obtain a quorum, or is otherwise unable to hear a case. An ad hoc disciplinary board will be composed of three members, including at least one student.

Members of the Lower Disciplinary Board who are charged with a violation of this Code or with a criminal offense may be suspended from their positions by the Dean of Student Affairs, or his/her designee, during the period of the charges against them. Members found responsible for any such violation or offense may be disqualified from any further participation in the College disciplinary system.

Process

The following procedural guidelines will be applicable in hearings conducted by the Lower Disciplinary Board:

The Dean of Student Affairs will appoint a hearing officer from the membership of the board, who will conduct the hearing. He or she may participate in board deliberations and discussions, but will only vote in the event of a tie.
The Dean of Student Affairs, or his/her designee, will give accused students notice of the hearing date and the specific charges against them at least five business days in advance. Notice will be by personal delivery or by certified mail to the last address provided by the student to the College. Accused students will be accorded reasonable access to the case file, which will be retained in the Dean of Student Affairs office.
The hearing officer may call relevant witnesses, after consultation with the Dean of Student Affairs. Requests must be personally delivered or sent by certified mail. College students and employees are expected to comply with requests issued pursuant to this procedure unless compliance would result in significant and unavoidable personal hardship, or substantial interference with normal College activities, as determined by the President of the College.
BE ADVISED, the Lower Board hearing is the only opportunity the complainant and the accused student will have to present factual evidence regarding any violation.
Both the complainant and accused student will have the right to an advisor (excluding legal counsel) to advise him/her. The advisor may be present at the disciplinary hearing but may not act or speak on the student’s behalf. The role of the advisor is limited to suggesting relevant questions, which the presiding officer may direct to a witness, and providing confidential advice to the complainant or accused student. If a student desires an advisor and is unable to secure one, the Dean of Student Affairs may appoint a qualified faculty member to act as an advisor. Advisors must be given adequate time to review the case.
Even if accompanied by an advisor, an accused student must respond to inquiries from the presiding officer and the disciplinary board.
In consideration of the limited role of an advisor, and of the compelling interest of the College to expeditiously conclude the matter, the work of the disciplinary board will not — as a general practice — be delayed due to the unavailability of an advisor.
Accused students who fail to appear after proper notice will be deemed to have pled “not responsible” to the charges pending against them. A disciplinary hearing may be conducted in their absence, if necessary, at the discretion of the chair of the Lower Disciplinary Board.
Disciplinary hearings will be closed to the public, except for the immediate members of the respondent’s family. An open disciplinary hearing may be held, at the discretion of the hearing officer, if requested by the respondent.
The hearing officer will exercise control over the proceedings to avoid needless consumption of time and to achieve orderly completion of the disciplinary hearing. The hearing officer may exclude any person, including the accused students who disrupts a disciplinary hearing.
Disciplinary hearings will be recorded. Board deliberations will not be recorded. If requested, students involved in the hearing may have access to listen to the tapes through the Dean of Student Affairs, but may not have a copy.
Any party may challenge a disciplinary board member or the hearing officer on the grounds of personal bias. Board members may be disqualified by the hearing officer, or upon majority vote of the voting members, conducted by secret ballot. The Dean of Student Affairs may disqualify the hearing officer.
Witnesses will be asked to affirm that their testimony is truthful, and may be subject to charges of violating this Code by intentionally providing false information to the College.
Prospective witnesses, other than the complainant and the respondent, will be excluded from the disciplinary hearing during the testimony of other witnesses. All parties, the witnesses, and the public will be excluded during Board deliberations, which will not be recorded or transcribed.
The charges against the respondent must be established by a preponderance of the evidence in order for the board to return a finding of “responsible” and to levy sanctions. For sexual harassment investigations, preponderance of evidence is the appropriate burden of proof for decision-makers in these cases.
Formal rules of evidence will not be applicable in disciplinary proceedings conducted pursuant to this Code. The hearing officer will respect the confidentiality of all persons involved in the disciplinary process in accordance with FERPA & HIPPA. The chair of the Lower Board will admit into evidence all information considered reasonably relevant to the case.
Complainants and accused students (not their advisors) will be given an opportunity to ask relevant questions of those witnesses who testify at the disciplinary hearing. Questioning: The accused and complainant in cases involving sex discrimination, including sexual harassment and sexual assault, may not directly question or cross-examine each other. Each may submit their questions to the disciplinary panel which will be responsible for asking the questions.
Board members may ask questions of the parties and all witnesses. They may also take judicial notice of matters, which would be within the general experience of College students and faculty members.
If, and only if, a determination of responsibility is made, the past disciplinary record of the accused student may be supplied to the board and be considered during the determination of sanctions. Any determination of responsibility will be supported by brief written findings that will be placed in the case file and made available to the accused student.
Only members of the Lower Disciplinary Board or Upper Disciplinary Board shall be present when making deliberations on a pending case. When determining sanctions the Chair of the Lower Disciplinary Board may seek input from individuals familiar with student(s) found responsible and/or familiar with the case being adjudicated.

Mediation

Mediation is encouraged as an alternative means to resolve some disciplinary cases. The Dean of Student Affairs will inform complainants and accused students, if and when appropriate, of mediation resources. If both the complaining and responding parties express interest in a mediated settlement, the Vice President, in the exercise of his or her discretion, may decline to process a complaint until the parties in a non-academic misconduct case make a reasonable attempt to achieve a mediated settlement. To be binding in a disciplinary case, the Dean of Student Affairs must approve any mediated settlement.

Student Groups and Organizations

Student groups and organizations may be charged with violations of this Code.

A student group or organization and its officers may be held collectively and individually responsible when violations of this Code are committed by those associated with the group or organizations that have received the consent or encouragement of the group or organization or of the group’s or organization’s leaders or officers.

The officers or leaders or any identifiable spokesperson for the student group or organization may be directed by the Dean of Student Affairs to take appropriate action designed to prevent or end violations of this Code by the group or organizations. Failure to make reasonable efforts to comply with the Vice President’s order will be considered a violation of this Code, both by the officers, leaders or spokesperson for the group or organization and by the group or organization itself.

Sanctions for group or organization misconduct may include revocation of recognition, as well as other appropriate sanctions.

Appeals

Upper Disciplinary Board

Purpose

The Upper Disciplinary Board will not retry the case presented to the Lower Disciplinary Board. If a student does not appear for a judicial hearing before the Lower Judicial Board, s/he will have waived their right for an appeal of the sanction to the Upper Disciplinary Board based on the criteria in the categories of sufficiency of evidence and due process; however, the student maintains his/her right to appeal sanctions based on the criteria in the categories of fairness/appropriateness of sanctions and newly discovered evidence. The Upper Board will only consider the following issues:

Sufficiency of the evidence — Whether the facts in the case were enough to find that the accused student violated the Student Code.
Due process — Whether the original hearing was conducted fairly in light of the charges and evidence presented, and according to procedures set forth in the Student Code.
Fairness/appropriateness of sanctions — Whether the penalty imposed by the Lower Board was appropriate for the violation the accused student was found to have committed.
Newly discovered evidence — Whether there was evidence, which was not known to the accused student at the time of the Lower Board hearing that is sufficient to change the decision made by the Lower Board.

Membership

The Upper Disciplinary Board will consist of the following five (5) members: two students, two faculty members and one college employee. The Faculty Council upon recommendation from the President will approve the faculty members. The Dean of Student Affairs will approve the students.

A quorum will consist of three members. The Dean of Student Affairs, or his/her designee, will be responsible for training and providing administrative support to the Upper Disciplinary Board.

The Dean of Student Affairs, or his/her designee, may establish an ad hoc disciplinary board, whenever the regular disciplinary board is not constituted, is unable to obtain a quorum, or is otherwise unable to hear a case. An ad hoc disciplinary board will be composed of three members, including at least one student.

A member of the Upper Disciplinary Board who is charged with a violation of this Code or with a criminal offense may
be suspended from his/her position by the Dean of Student Affairs, or his/her designee, during the pendency of the charges against them. Members found responsible of any such violation or offense may be disqualified from any further participation in the College disciplinary system.

Process

The following procedural guidelines will be applicable in disciplinary hearings conducted by the Upper Disciplinary Board:

Any appeal by the accused student of the Lower Disciplinary Board’s finding or sanctions must be made in writing to the Office of the Dean of Student Affairs within three (3) business days. The accused student must state which of the above issues he/she wants to address in the appeal, and set forth the reasons why the Upper Board should overturn the Lower Board’s decision and/or sanction. If a student has successfully submitted an appeal to the Upper Disciplinary Board, sanctions imposed by the Lower Disciplinary Board will be held in abeyance until resolved by the Upper Disciplinary Board.
A sanctioned student’s appeal must be held within seven (7) business days of receiving notice of students’ appeal. A one-day notice of disciplinary hearing is considered appropriate advance notice.
The Dean of Student Affairs will appoint a hearing officer from the membership of the board, who will conduct the disciplinary hearing. He or she may participate in board deliberations and discussions, but will only vote in the event of a tie. The hearing officer shall bring into evidence the recordings maintained by the Lower Disciplinary Board in the original case.
The accused student will have the right to an advisor (excluding legal counsel) to advise him/her. The advisor may be present at the disciplinary hearing but may not act on the student’s behalf at the disciplinary hearing. If a student desires an advisor and is unable to secure one, the Dean of Student Affairs may appoint a qualified faculty member to act as advisor. Advisors must be given adequate time to review the case.
The role of an advisor will be limited to providing confidential advice to the accused student.
Even if accompanied by an advisor, an accused student must respond to inquiries from the presiding officer and the disciplinary board.
In consideration of the limited role of an advisor, and of the compelling interest of the College to expeditiously conclude the matter, the work of the disciplinary board will not — as a general practice — be delayed due to the unavailability of an advisor.
If an accused student fails to appear at the Upper Disciplinary Board after proper notice, his/her appeal will be dismissed and the findings and sanctions of the Lower Disciplinary Board will be imposed.
Disciplinary hearings will be closed to the public, except for the immediate members of the respondent’s family. An open disciplinary hearing may be held, at the discretion of the hearing officer, if requested by the respondent.
The hearing officer will exercise control over the proceedings to avoid needless consumption of time and to achieve orderly completion of the disciplinary hearing. The hearing officer may exclude any person, including the accused student, who disrupts a disciplinary hearing.
Disciplinary hearings will be recorded. Board deliberations will not be recorded.
The accused student may challenge a disciplinary board member or the hearing officer on the grounds of personal bias. Board members may be disqualified by the hearing officer, or upon majority vote of the voting members, conducted by secret ballot. In the event of a disqualification, the Dean of Student Affairs will appoint an alternate.
The Upper Disciplinary Board determination will be made on the basis of whether the Lower Board abused its discretion when making the determination of responsibility or in imposing sanctions. Majority vote will decide the case.
The Upper Disciplinary Board may uphold the finding of the Lower Disciplinary Board or may overturn the finding. If the finding is overturned on due process grounds or because of newly discovered evidence, the Lower Board will conduct a new hearing. If the finding is overturned due to insufficient evidence, any violation, which is not found to be supported by sufficient evidence, will be dismissed. If the finding is upheld, the Upper Disciplinary Board may uphold the sanctions of the Lower Disciplinary Board or may impose lesser, but not greater, sanctions.
The decision of the Upper Disciplinary Board will be reduced to writing, and a copy given to the student by registered or certified mail, or by personal service.
There will be no appeal of the Upper Disciplinary Board’s decision.

General Disciplinary Rules

Voluntary Withdrawal — Upon the approval of the Dean of Student Affairs or the President and after an admission of responsibility to the charge, a student may elect to withdraw from the College to avoid a disciplinary hearing on the complaint and the imposition of a disciplinary penalty. A voluntary withdrawal will be entered upon the record of the student. Agreement to a voluntary withdrawal will be in writing and will not be appealable. In the event of readmission to the College, the record of voluntary withdrawal will remain upon the student’s record. The College reserves the right to set conditions for readmission as part of the withdrawal process. Students who choose to withdraw without the approval of the Dean of Student Affairs should understand that any pending disciplinary action would be “on hold” until such time as he/she returns to Clinton Community College.
Dismissal in the Interest of the College — For good cause shown and upon application of the student charged in a complaint, the Dean of Student Affairs or the President may dismiss a charge contained in a complaint in the interests of the college on such conditions as may be approved. The student will consent to such dismissal and the attendant conditions and the dismissal will not be appealable. If the student has complied with the conditions of the dismissal in the interests of the College within the time provided by the Dean of Student Affairs or the President, the charges will be deemed fully dismissed and the record of the student expunged. All records related to such charges will be destroyed.
Jeopardy — A finding of not responsible at any level of proceedings will bar any subsequent reconsideration of the matter at any higher level. A finding of violation of a lesser-included charge will be deemed to be a finding of not responsible to the higher charge.
Time — Time will be calculated so that the first day is excluded and the last day of the period is included. A business day is any day when the college’s administrative offices are open.
Affirmative Finding — In all cases the officer or body having authority to act must make an affirmative finding that the facts support the charge prior to rendering a determination of responsibility.
Adjournments — Any adjournment requested by any party will be requested on notice to all parties.

Bias Crimes Prevention

Hate Crimes and the Law

Clinton Community College strives to protect all members of the college community by preventing and prosecuting bias or hate crimes that occur within the college’s jurisdiction.

Hate crimes, also called bias crimes or bias-related crimes, are criminal activity motivated by the perpetrator’s bias or attitude against an individual victim or group based on perceived or actual personal characteristics, such as their race, religion, ethnicity, gender, sexual orientation, or disability. Hate/bias crimes have received renewed attention in recent years, particularly since the passage of the federal Hate/Bias Crime Reporting Act of 1990 and the New York State Hate Crimes Act of 2000 (Penal Law Article 485).

Penalties for bias-related crimes are very serious and range from fines to imprisonment for lengthy periods, depending
on the nature of the underlying criminal offense, the use of violence or previous convictions of the offender. Perpetrators who are students will also be subject to campus disciplinary procedures where sanctions including dismissal are possible.

In addition to preventing and prosecuting hate/bias crimes, Clinton Community College strives to address bias-related activities that do not rise to the level of a crime. These activities are referred to as bias incidents and are defined as acts of bigotry, harassment, or intimidation directed at a member or group within the college community based on national origin, ethnicity, race, age, religion, gender, sexual orientation, disability, veteran status, color, creed, or marital status. These incidents may be addressed through the campus conduct code. Bias-related incidents can be reported to the Dean of Student Affairs, Room 227 of the Main Academic Building, or by calling 562-4120. Please refer to the Policy Against Harassment and Discrimination/Bias for more information.

If you are a victim of, or witness to, a hate/bias crime on campus, report it to the Dean of Student Affairs, who will investigate and follow the appropriate adjudication procedures.

Victims of bias crimes or bias incidents can avail themselves of counseling and support services from the campus as follows: Academic Advising and Student Support Office, Room 147M.

Procedures for Responding to Complaints of Sex Discrimination, Sexual Harassment and Sexual Violence

Definitions and Rights

Sex discrimination is defined as all forms of: sexual harassment, sexual assault, and sexual violence by employees, students, or third parties against employees, students, or third parties. Students, College employees, and third parties are prohibited from harassing other students and/or employees whether or not the incidents of harassment occur on the college campus and whether or not the incidents occur during working hours.

Alternate arrangements: Complainant has the right to request alternative arrangements when the complainant does not want to be in the same room as the accused during the hearing. These alternative arrangements must enable both parties and the hearing panel to hear each other.

Burden of Proof: The burden of proof in cases of sexual harassment and sexual violence is “preponderance of the evidence”. This test asks whether it is “more likely than not” that the sexual harassment or sexual violence occurred. If the evidence presented meets this standard, then the accused must be found responsible.

Equal rights for the accused and complainant: Any rights or processes offered to an accused are also offered to a complainant. For example, the right to an appeal, right to representation or an advisor, and right to call witnesses, must all be offered equally, if at all.

Informal resolution procedures: Informal resolution procedures, such as mediation, are optional and may be used when the College determines that it is appropriate and the parties are in agreement about using it. Mediation may not be used in cases involving sexual violence.

Notice of Outcome: Student complainants in sexual violence incidents have an absolute right to be informed of the outcome, essential findings, and sanctions of the hearing, in writing, in a way consistent with federal and state law. The complainant and accused shall be notified within 5 days of the hearing.

Confidentiality: The college will protect the privacy of all parties to a complaint or other report of sexual harassment and sexual violence to the extent possible. When the college receives complaints of sexual harassment or sexual violence, the college has an obligation to respond in a way that limits the effects of the sexual harassment and sexual violence and prevents its recurrence. Information will be shared as necessary in the course of an investigation with people who need to know, such as investigators, witnesses, and the accused. If you are unsure of someone’s duties and ability to maintain your privacy, ask them before you talk to them. Certain staff are obligated by law to maintain confidentiality, including the counseling center and the local rape crisis center off-campus.

What To Do If You Have Been Sexually Assaulted

Procedures for on-campus disciplinary action of an alleged sexual assault

Contact the Dean of Student Affairs, 518-562-4121.
These allegations will be taken seriously, and the college will provide prompt and equitable resolution of student and employee sex complaints.
The accuser and the accused are entitled to the same opportunities to have others present during a campus disciplinary proceeding.
Both the accuser and the accused shall be informed of the outcome of any campus disciplinary proceeding brought alleging a sexual assault.
For cases of sexual assault or sexual violence, both the complainant and accused students have the same rights of appeal to the Upper Disciplinary Board. In addition, both the accused and complainant have access to witness submitted statements prior to the hearing.
Options for changing an academic or living situation can be discussed with the Dean of Student Affairs if so requested by the victim and if such changes are reasonably available.
Support for victims is available through the Academic Advising and Student Support Office on campus; Sexual Assault Services can be contacted at 1-877-212-2323 or through a referral to a community agency.
No campus, or an officer, employee, or agent of a campus may retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual with respect to the implementation of any provision of this policy.
If the assault happened within the last 5 days, consider going to the emergency room at CVPH, the Alice Hyde Medical Center, or Adirondack Medical Center for an exam by a Sexual Assault Nurse Examiner (SANE). These emergency rooms offer nurses specially trained in collecting evidence in cases of sexual assault. Having this evidence collected does not mean you have to pursue criminal charges. The hospital will hold any evidence the SANE collects for 30 days while you decide whether you would like to pursue criminal charges. It will be easier for your nurse to collect evidence if you don’t bathe, shower, douche, brush your teeth, eat, drink, or change your clothes before going to the hospital. The CVPH SANE program can be contacted at (518) 562-7370. The Alice Hyde SANE program can be contacted at (518) 483-3000 x626. The Adirondack Medical Center SANE program can be contacted at (518) 897-2439.
Even if you don’t want to have an exam with a SANE program nurse, consider getting medical care. You may have injuries you are unaware of, and a doctor can help you obtain emergency contraceptive and medicine to prevent sexually transmitted infections.
If you would like the police to initiate an investigation and pursue criminal charges, you will need to make a police report. If the assault occurred outside the Plattsburgh City limits, the New York State police can be contacted at (518) 563-3761 (Clinton Community College is located within the jurisdiction of the New York State Police). If it occurred inside the city, Plattsburgh City Police can be contacted at (518) 563-3411. If it occurred on the SUNY Plattsburgh campus, the University Police can be contacted at (518) 564-2022. Campus Security at Clinton Community College can also contact the police for you. Campus Security can be reached by contacting (518) 593-0777.
If the person who assaulted you is a Clinton Community College student or if the assault occurred on Clinton Community College property and you wish to have the school take disciplinary action, you may contact the Office for Student Affairs, at (518) 562-4121. The College will explain the college disciplinary process to you and assist you in moving through the process of initiating a disciplinary hearing.

Annual Security Report

Clinton Community College’s Annual Security Report (In compliance with the Clery Act) is available in hard copy through the Office of the Dean of Student Affairs (229 Moore Building) or by visiting www.clinton.edu.