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Student Rights and Responsibilities

Student Code of Conduct

I. LEWIS & CLARK COLLEGE: STUDENT CODE OF CONDUCT

Established July 1994 by the Dean of Students
Amended by the Executive Council: March 20, 2015

II. PURPOSE

The Student Code of Conduct at Lewis & Clark College establishes clear expectations of behavior that foster academic and communal integrity. Joining this community obliges each member to observe the following principles:

  • mutual respect
  • civil discourse
  • responsible decision-making
  • personal accountability

Through adherence to these principles, members of the community expand their perspectives beyond themselves. They are supported as they test boundaries with educationally reflective opportunities to practice self-advocacy and personal responsibility.

III. DEFINITIONS

When used in this Code:

A. the term “College” means the College of Arts and Sciences, Lewis & Clark College. Students attending the Graduate School and Law School are bound by their respective and institutional policies.

B. the term “student” includes all persons taking courses at the College, both full-time and part-time studies. Persons who are not officially enrolled for a particular term but who have a continuing student relationship with the College are considered “students.”

C. the term “faculty member” means any person hired by the College to conduct classroom or teaching activities or who is otherwise considered by the College to be a member of its faculty.

D. the term “College official” includes any person employed by the College to perform assigned administrative or academic responsibilities, including faculty, staff, and student employees.

E. the term “College premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College.

F. the term “conduct authority” means any person or persons authorized by the College to determine whether a student has violated the Code and to impose or recommend imposition of outcomes.

G. the term “aggravated violation” means a violation that resulted or foreseeably could have resulted in significant damage to persons or property, or which otherwise posed a substantial threat to the stability and continuance of normal College or College sponsored activities.

H. the term “ASLC” refers to the Associated Students of Lewis & Clark College. All students matriculated in the College of Arts and Sciences and the Academic English Studies program are members of the student association.

I. the term “organization” means any number of persons who have complied with College requirements for registration as an organization, or are formally recognized by the College as such.

J. the term “College sponsored activity” means any activity, on or off campus, which is initiated, aided, authorized, or supervised by the College.

K. the term “distribution” means sale or exchange of goods.

L. the term “weapon” means any item or instrument described as a weapon in Oregon, Multnomah County, or the City of Portland statutes or ordinances; any instrument, article, or substance which is specifically designed for and presently capable of causing death, incapacitation, or serious physical injury; any item used to harass, threaten, intimidate, assault, or batter; and any item the College deems dangerous.

M. the term “reckless conduct” means action which any member of the College community could reasonably anticipate would create a clear risk of harm to persons or property, or would disrupt the lawful activities of others, including studying, teaching, research, and College administration.

N. the terms “will” and “shall” are used in the imperative sense.

O. the term “may” is used in the permissive sense.

P. the term “written notice” covers both paper copy and electronic mail. Official notifications in this Code may be made by e-mail to the e-mail address provided to students by the College.

Q. the term “alleged” means that reports or accusations of violations of College Policy presume that an individual or organization is not responsible for the violation until investigation, testimony, or other facts demonstrate actual violation.

R. the term “policy” refers to the written regulations of the College as found in, but not limited to, Lewis & Clark College Policies, the Student Code of Conduct, Campus Living Handbook (i.e., Settling In), residence hall contract, and the College Catalog.

S. the “Director of Student Rights and Responsibilities” is a professional staff member designated by the Dean of Students to be responsible for the administration of the Student Code of Conduct.

T. the term “Adaptable Conflict Resolution” describes pathways such as mediation, facilitated dialogue, agreed resolution, and restorative justice circles which are alternatives to a formal adjudication process. These voluntary pathways allow individuals involved in a conflict to have significant influence over the resolution processes and outcomes.

IV. AUTHORITY

A. The Director of Student Rights and Responsibilities determines how each allegation of student misconduct or conflict will be resolved.

B. The Director of Student Rights and Responsibilities, or designee, has the authority to identify and facilitate the most appropriate resolution pathway for a conflict, including adaptable conflict resolution pathways and formal adjudication.

C. The Dean of Students or designee, in consultation with the General Counsel, Provost, members of the Dean of Students Leadership Team, and a student designee shall develop policies for the administration of the conduct program and procedural rules for conduct hearings, consistent with provisions of this Code.

D. The Dean of Students or designee’s decisions regarding appeals are final. Decisions made in a student conduct hearing are final, pending the normal appeal process.

E. The Dean of Students or designee may designate an arbiter for disputes within the student community that do not involve a violation of College Policy. All parties must agree to participate in arbitration and to be bound by the decision with no opportunity to appeal.

V. JURISDICTION

A. The Code applies to the conduct of students at all times, whether on or off-campus, unless otherwise specified in a specific policy. This includes conduct in connection with:

  1.  Academic work or other Lewis & Clark-related educational activities and experiences, such as class projects, field trips, study abroad, community service, or internships;
  2. Activities sponsored, conducted, or authorized by Lewis & Clark or its student organizations;
  3.  Activities that cause or threaten harm to the health, safety, well-being, or property of Lewis & Clark or any member of the Lewis & Clark community;
  4. Activities that unreasonably disturb the peace and privacy of a student’s neighbors when living in off-campus housing;
  5. Any conduct by a student, while a student, even if it occurs outside of an academic term or when the student is not otherwise enrolled at Lewis & Clark. Moreover, Lewis & Clark continues to have authority to administer the Code with respect to any such conduct by a student while a student, even if the student subsequently graduates, withdraws, takes leave, or is otherwise absent from Lewis & Clark, and even if the College does not learn of such conduct until after the student graduates, withdraws, takes leave, or is otherwise absent;
  6. The Code applies to participants on overseas and off-campus programs, who are expected to act in accordance with College rules and regulations but assume added responsibility to the group and to the laws and customs of the host country or local jurisdictions. Rules of Conduct for program participants are enumerated in the written Program Release and Agreement signed by each participant.

B. Campus Safety Officers may be contacted by staff for support if it appears additional assistance is necessary (e.g. a residence hall room where prohibited items, such as drugs or weapons, are believed to be present). When Campus Safety is called, the requesting party will yield authority to the Campus Safety Officer(s) for resolution of the situation. Information regarding room searches may be found under Residence Hall Contract and in L&C’s College Policies.

VI. VIOLATION OF LAW AND COLLEGE DISCIPLINE

A. Students may be accountable to both civil authorities and to the College for acts that constitute violations of law or of College Policy. In some cases, students may be referred to civil authorities for arrest or prosecution resulting from actions that are also violations of College Policy. The College is responsible for addressing allegations of policy violations regardless of and separate from any other proceedings. Student conduct hearings may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.

B. When a student is charged by federal, state, or local authorities with a violation of law, the College will not request or agree to special consideration for that individual because of their status as a student. If the alleged offense is also a violation of College Policy, the College may advise off-campus authorities of the existence of the Code and of how such matters will be handled internally within the College community. The College will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by the criminal courts for the rehabilitation of student violators.

C.Individual students, staff, and faculty members, acting in their personal capacities, remain free to interact with governmental representatives, as they deem appropriate.

VII. PROHIBITED CONDUCT

A. Violation of published College regulations, rules, or polices is subject to disciplinary action.

VIII. OUTCOMES

A. A conduct outcome is an educational tool designed to send a clear message regarding violations of College Policy. They are deemed appropriate for students found responsible under the premise that they were more likely than not to have violated the policy. Outcomes relate to the nature and context of the policy violation as well as the developmental needs of the student found responsible. Stronger outcomes may be imposed for aggravated or repeated misconduct. Outcomes of suspension or dismissal require the approval of the Dean of Students or designee.

B. Educational, governmental agencies, or prospective employers may inquire about a student’s conduct history, specifically but not limited to, probations, suspensions, and dismissals.

C. The following outcomes and others not listed here, as deemed educationally appropriate, may be imposed when any student is found responsible for a violation of College Policy: 

  1. Discretionary Outcomes: Keeping with the College’s philosophy to establish learning outcomes for violations of policy these are assigned when they are germane to a violation of the Student Code of Conduct. These may include but not limited to: educational programs and/or presentations, financial and/or service-based restitution, removal of residence hall privileges (such as access), loss of privileges (i.e., participating in extracurricular activities), etc.
  2. Formal Warning: A notice that the student fully understands the policy and is expected to cease from further violations.
  3. Parental Notification: In certain circumstances, a student’s parent or guardian may be informed of the student’s infraction and relevant outcomes via in person or telephone conference and/or by copy of the student’s conduct records.
  4. Disciplinary Probation: This indicates that the student’s continued enrollment at L&C is conditional until graduation. It requires the student to demonstrate that they can act in a manner consistent with the College standards to which they agreed when they matriculated. However, a student who is on Disciplinary Probation is encouraged to modify the unacceptable behavior and is given the tools to help them do so. After a period of at least three months on Disciplinary Probation, the student may apply to the Community Reengagement (CoRe) program to have the probation lifted. Students who do not apply for removal from probation will remain on Disciplinary Probation for the entire time they are a student at Lewis & Clark. Active Disciplinary Probation status may impact a student’s ability to hold positions with campus offices and/or organizations and other campus opportunities. Specifically, a student cannot: run for or hold certain campus-wide leadership positions including, without limitation, elected or appointed student government offices; hold a position in Campus Living; or serve on conduct boards.
  5. Terminal Probation: This is the most severe outcome issued as a result of student conduct that does not compromise their status as a student. Terminal Disciplinary Probation lasts one calendar year and includes all the restrictions of Disciplinary Probation. The student will be required to work with an appointed mentor to help address the issues that got them to this point. After one year, Terminal Disciplinary Probation converts to Disciplinary Probation. Students who violate the Code of Conduct while on Terminal Disciplinary Probation may be separated from the campus community subsequent to a finding of responsible through a student conduct hearing.
  6. Disciplinary Suspension: Separation of the student from the College for a specific period of time, after which the student is eligible to return. Conditions for readmission may be specified. At the discretion of the Dean of Students, or designee, a College trespass order is in effect for the period of the suspension. A suspension may be deferred to the end of an academic term at the discretion of the Dean of Students, or designee.
  7. Disciplinary Dismissal: Permanent separation of the student from the College. At the discretion of the Dean of Students or designee, a College trespass order goes into effect with the dismissal.

D. Outcomes applied subsequent to a student conduct hearing go into effect immediately upon receipt of notice of those outcomes, except as outlined in section XIX.I of this Code, unless otherwise specified. Students are required to comply with the imposed outcomes until such time as they are complete or are altered by the resolution of an appeal process.

IX. STUDENT ORGANIZATIONS

A. Student organizations may be charged with violations of this Code or College Policy.

B. The officers, leaders, and members of a student organization, as well as the organization as a whole, may be subject to discipline under the Code when its members, officers, or leaders commit violations with sponsorship from the organization.

C. The officers, leaders, or any identifiable spokespersons for a student organization may be directed by the Dean of Students or designee to take action to prevent or end violations by members, officers, or leaders acting with sponsorship from the organization.

D. Outcomes for organizations may include loss of all privileges, including College recognition, for a specified period of time, revocation of funding, dissolution, as well as other appropriate outcomes. Individuals involved in violations with sponsorship from an organization may also be assigned personal outcomes, regardless of those assigned to the organization.

X. INTERIM SUSPENSION

A. In certain circumstances, the Director of Student Rights and Responsibilities or designee may impose a College or residence hall suspension for an interim period pending conduct proceedings or medical evaluation:

  1. to ensure the safety and well being of members of the College community or preservation of College property, or;
  2. to ensure the student’s own physical or emotional safety and well being, or;
  3. if the student poses a substantial threat of disruption of or interference with the normal operations of the College.

B. During the interim suspension, the student is denied access to the campus (including classes) and all other College activities or privileges for which the student might otherwise be eligible, as the Director of Student Rights and Responsibilities or designee may determine to be appropriate.

XI. THE OFFICE OF STUDENT RIGHTS AND RESPONSIBILITIES

A. The Director of Student Rights and Responsibilities coordinates the oversight of and implementation of procedures associated with response to student conduct issues, which include the following:

  1. determination of policy violations to be filed;
  2. interview and advisory of parties involved in disciplinary proceedings;
  3. training and advisory of conduct boards;
  4. review of the decisions of conduct boards;
  5. maintenance of all student disciplinary records;
  6. development of procedures for conflict resolution, including mediation;
  7. monitoring the application and completion of educational outcomes;
  8. collection and dissemination of research and analysis concerning student conduct;
  9. submission of timely statistical reports to the Office of Campus Safety and Dean of Students for dissemination, including the number of incidents referred to the office, the number of incidents resulting in disciplinary action, and the range of outcomes imposed.

XII. CONDUCT AUTHORITIES

A. Conduct hearings or other proceedings as outlined in this Code may be held by the following individuals or boards:

  1. Administrative Hearing: conducted by administrators of the Student Life Division. Authority is granted to these staff by the Dean of Students to adjudicate and determine whether the involved student, more likely than not,violated the policy, and to determine appropriate outcomes as necessary.
  2. Student Rights and Responsibilities Board (SRRB): consists of at least three appointed students, chaired by the Intern for Student Rights and Responsibilities, or designee, and advised by the Director of Student Rights and Responsibilities, or designee. In matters of alleged conduct violations, the SRRB may hear allegations of misconduct at the discretion of the Director of Student Rights and Responsibilities to determine whether the involved student, more likely than not,violated the policy and determine appropriate outcomes as necessary. Members of the Student Rights and Responsibilities Board are selected in accordance with procedures developed by the Dean of Students.
  3. College Honor Board consists of three voting students and one non-voting student chair nominated by the ASLC Student Academic Affairs Board Chair, and subject to approval by ASLC Senate, and the Dean of the College; three faculty members appointed by the Dean of the College, who serves as a non-voting advisor to the Board. The College Honor Board serves these purposes:

    a) to hear all alleged violations of the Academic Integrity Policy and to determine whether the involved student, more likely than not, violated the policy.

    b) to impose disciplinary outcomes and/or to recommend outcomes to the Dean of the College, as noted in this Code.

    c) to advise and consult with academic and administrative officers in matters related to academic integrity standards, policies, and procedures.
  4. College Review Board: consisting of at least one student, one faculty member, and one staff member. Board members may be appointed by the Dean of Students or designee to hear alleged policy violations to determine whether the involved student, more likely than not, violated the policy, and to determine appropriate outcomes as necessary under the following circumstances:

    a) when alleged violations involve faculty or staff members as victims,

    b) when alleged violations are felony crimes under Oregon statute or federal law,

    c) when other boards are unable to obtain a quorum or are unable to hear a case,

    d) at the discretion of the Dean of Students or designee.
  5. Sexual Misconduct Board is composed of specially trained staff and faculty, three of whom will be selected to hear a case of alleged violation of the Sexual Misconduct Policy to determine whether the involved student, more likely than not, violated the policy, and determine appropriate outcomes as necessary. Members of the Sexual Misconduct Board are selected in accordance with the Sexual Misconduct Policy. Board membership may be challenged as outlined in the Sexual Misconduct Policy, which can be found in the Lewis & Clark College Policies.
  6. Should any voting member of a conduct board be in a position that may suggest a potential conflict of interest in a specific case, the member may be replaced for that conduct hearing at the discretion of the Director of Student Rights and Responsibilities or designee, or the Dean of the College in the case of faculty members on the College Honor Board.
  7. At the discretion of the Dean of Students or designee, cases involving assault, intimidation, or other matters posing an immediate threat to the campus community, may be handled by the Dean of Students or designee, independent of conduct board action.

XIII. SELECTION AND REMOVAL OF BOARD MEMBERS

A. Members of the various conduct boards are selected or appointed in accordance with:

  1. the procedures developed by the Dean of Students, or;
  2. the ASLC bylaws, as relates to the College Honor Board.

B. Student members of any conduct board must maintain good academic (GPA of 2.5) and disciplinary standing during their term of service. Student members who are charged with any violation of this Code or with a criminal offense may be suspended from their conduct positions until a final resolution of the situation is obtained. Students found responsible for any such violation or offense may be disqualified from any further participation in the adjudication of the College conduct system by the Dean of Students or designee. Additional grounds and procedures for removal may also be set forth in the various conduct boards’ rules of procedure.

XIV. ADMINISTRATIVE HEARING PROCEDURES

A. The Dean of Students or designee shall officiate all administrative hearings.

B. Administrative hearings are held privately.

C. Administrative hearings may be held with all involved students or individually.

D. Students subject to an administrative hearing shall receive the following:

  1. Written notice of what policies are alleged to have been violated at least 24 hours in advance of the administrative hearing. The College uses L&C email as the means of delivering the written notice.
  2. An opportunity to address the case before one of the aforementioned Conduct Authorities, section XII, not more than fifteen calendar days after the student has been notified in writing. Maximum time limits for scheduling of conduct hearings may be extended at the discretion of the Dean of Students or designee.
  3. A written decision and explanation of any outcomes within 5 business days of hearing.
  4. An opportunity to appeal the decision as outlined in section XIX “Appeals”.
  5. Administrative hearings are not recorded.

XV. COLLEGE REVIEW BOARD HEARING PROCEDURES

A. The following procedures govern the administration of College Review Board Hearings:

B. Involved students receive written notice of what policies they are alleged to have violated at least 24 hours in advance of the hearing. The College uses L&C email as the means of delivering the written notice;

C. The hearing will occur not more than fifteen calendar days after the involved student has been notified in writing. Maximum time limits for scheduling of conduct hearings may be extended at the discretion of the Dean of Students or designee;

D. A written decision and explanation of any outcomes is delivered via email within 5 business days of hearing;

E. An opportunity to appeal the decision as outlined in section XIX “Appeals;”

F. Students will, in addition to the notice of alleged violations, receive a copy of the hearing agenda and suggestions to prepare for the process;

G. Admission of any person to the hearing is at the discretion of the College Review Board Chair;

H. In Board hearings involving more than one student, the Chair may permit the hearings concerning each student to be conducted separately;

I. One Advisor may accompany the involved student. The complainant and the respondent are each responsible for presenting their own information. Advisors are not permitted to speak in the proceedings except to the student.

J. The complainant and the respondent may each request to present witnesses, subject to questioning by the Board. The Chair of the College Review Board has the authority to admit witnesses with relevant information to the hearing;

K. Pertinent records, exhibits, and written statements may be accepted for consideration at the discretion of the Chair;

L. All procedural questions are subject to the final decision of the Chair, in consultation with the Director of Student Rights and Responsibilities;

M. After the hearing, the Board goes into closed session, determines by majority whether the student is responsible for the alleged policy violation, and as necessary assigns outcomes;

N. The Board’s determination is made on the basis of whether it is more likely than notthat the involved student violated the policy;

O. There is a record of all hearings conducted before the Board, consisting of official documentation and an audio recording of the hearing. The audio record is the property of the College; it is only used by the College in the course of the appeals process, and is maintained by the Office of Student Rights and Responsibilities, who will destroy it after the expiration of the appeal period.

XVI. STUDENT RIGHTS AND RESPONSIBILITIES BOARD HEARING PROCEDURES

A. The following procedures govern the administration of Student Rights and Responsibilities Board (SRRB) Hearings:

B. Involved students receive written notice of what policies they are alleged to have violated at least 24 hours in advance of the hearing. The College uses L&C email as the means of delivering the written notice;

C. The hearing will occur not more than fifteen calendar days after the involved student has been notified in writing. Maximum time limits for scheduling of conduct hearings may be extended at the discretion of the Dean of Students or designee;

D. A written decision and explanation of any outcomes is delivered via email within 5 business days of hearing;

E. An opportunity to appeal the decision as outlined in section XIX “Appeals;”

F. Admission of any person to the hearing is at the discretion of the Chair, in consultation with Director of Student Rights and Responsibilities or designee;

G. In Board hearings involving more than one student, the Chair may permit the hearings concerning each student to be conducted separately;

H. One Advisor may accompany the involved student. The complainant and the respondent are each responsible for presenting their own information. Advisors are not permitted to speak in the proceedings except to the student;

I. The complainant and the respondent may each request to present witnesses, subject to questioning by the Board. The Chair has the authority to admit witnesses with relevant information to the hearing;

J. Pertinent records, exhibits, and written statements may be accepted for consideration at the discretion of the Chair;

K. All procedural questions are subject to the final decision of the Chair, in consultation with Director of Student Rights and Responsibilities or designee;

L. After the hearing, the Board goes into closed session, determines by majority whether the student is responsible for the alleged policy violation, and as necessary assigns outcomes;

M. The Board’s determination is made on the basis of whether it is more likely than notthat the involved student violated the policy;

N. There is a record of all hearings conducted before the Board, consisting of official documentation and an audio recording of the hearing. The audio record is the property of the College; it is only used by the College in the course of the appeals process, and is maintained by the Office of Student Rights and Responsibilities, who will destroy it after the expiration of the appeal period.

XVII. COLLEGE HONOR BOARD HEARING PROCEDURES

A. Principles governing College Honor Board (CHB) decisions of alleged academic misconduct are as follows:

B. Academic penalties: (e.g., grades) are imposed only by faculty members (i.e., course instructor).

C. Because academic dishonesty is a policy violation, disciplinary penalties (e.g., probation, suspension, or dismissal) may be imposed only by the Dean of the College or designee, upon recommendation from the College Honor Board.

D. In the case of alleged academic dishonesty, the following procedures are used to resolve cases:

  1. if a faculty member (i.e., course instructor) has reason to believe that a student has committed an act of academic dishonesty, the faculty member
  2. consults in private with the respondent to demonstrate evidence of the alleged violation, providing the student an opportunity to explain the incident.
  3. the faculty member is encouraged to consult informally with the Dean of the College or designee before this hearing to determine whether other such reports have been made about the respondent. The Dean of the College maintains a confidential record of these informal reports.
  4. if the faculty member believes the student is responsible for the alleged violation(s), the faculty member assigns a penalty grade and notifies the College Honor Board Chair, who forwards the report form in a timely manner to the Registrar and Dean of the College. The faculty member and the student(s) must each acknowledge the initial meeting in writing by signing the report form, and each receives a copy of the form, which advises the student and the faculty member of a formal hearing before the College Honor Board.
  5. the College Honor Board reviews the case in accordance with written procedures, and disciplinary outcomes, if any, are recommended by the College Honor Board to the Dean of the College or designee.
  6. if the College Honor Board exonerates the student, the College Honor Board chair will request that the faculty member remove the penalty grade. Should the faculty member be unwilling to do so, the College Honor Board Chair will request a review of the case by the Dean of the College, who will have the authority to make a final determination
  7. when the penalty grade is an “F” for the course, the faculty member notifies the Registrar that the student may not drop or withdraw from the class. A failing grade may also be imposed in a course taken C/NC, as an exception to the general grading practice. The Registrar records an “NG” (i.e., no grade) pending the final recommendations by the College Honor Board. The Registrar will not formally record the failing grade until after the conclusion of the appeals process, or the deadline for filing of an appeal when no appeal is filed. Students appealing a decision are permitted to attend and fully participate in the course until the case is resolved.

XVIII. SEXUAL MISCONDUCT BOARD PROCEDURES

A. Sexual Misconduct Board proceedings are conducted in accordance with guidelines established in the Sexual Misconduct Policy located in Lewis & Clark College Policies.

XIX. APPEALS

XIX. APPEALS

A. Appeals may only be made by:

1.  the student alleged to have violated a policy in the original hearing, or
2.  the complainant in the original hearing, when such is present.

B. If one of the above chooses to appeal a decision, they must submit their appeal in writing to the appropriate appellate officer (see E, F, and G below) within five business days of the date of the outcome letter. The written appeal will be resolved by either the appropriate appellate officer or the appropriate hearing board. To receive consideration, a student’s appeal must be full and complete upon its submission, including the basis for appeal and any supporting documentation.

The receipt of the appeal will be acknowledged in writing (which can include email). In cases involving opposing parties, when an appeal is filed the other party will be given the opportunity to review and respond in writing to the appeal. Any response by the opposing party must be submitted to the appellate officer within five (5) business days from receipt of the appeal. The appeals documents from each party will be considered together in one appeal review process.

No appeal hearing will be held. The appellate officer or board will render its decision on the appeal based solely upon the student’s written appeal, any response from the other party, and the record of the original hearing. The appellate officer’s decision is final, and will be rendered within fifteen business days of the receipt of the written appeal.

C. The original decision will only be reviewed to determine if any of the following conditions were present:

1.  A procedural or substantive error occurred that significantly affected the outcome of the hearing, such as substantiated bias or material deviation from established procedures.
2.  The decision reached was not based on substantial information, that is, whether there was evidence sufficient to establish that a violation of the Code and/or College Policy occurred under the more likely than not standard.
3.  Outcome(s) imposed were disproportionate for the violation, which the student was found to have committed.
4.  New information or other relevant facts not known to the person appealing at the time of the original hearing that are sufficient to alter a decision.

D. If none of the above conditions are met, then the original decision will stand. If, however, any of the conditions are found to exist, the appellate officer or board, will review the appeal and make a determination of the appropriate finding and/or outcome. The appellate officer or Board does not re-hear cases, but rather weighs the merits of the appeal and makes a decision in accordance with the evidence presented in the hearing and in the appeal materials. All appeal decisions by the appellate officer or Board are final.

E. Administrative Hearing, College Review Board, and Sexual Misconduct Board appeals will be directed to the Dean of Students or designee.

F. College Honor Board appeals will be directed to the Dean of the College.

G. Appeals of decisions reached by the Director of Student Rights and Responsibilities will be directed to the Dean of Students. Upon receipt, the Dean of Students may resolve the appeal or designate another to do so.

H. If an Appeal Board will resolve the appeal, the Board will consist of one staff member, one faculty member, and one student member. If the hearing being appealed was conducted by a board (College Review, Sexual Misconduct, or College Honor), the members of the Appeal Board will meet the qualifications of the original board, but will not include members of that original board.

I.  In cases where suspension or dismissal is assigned as an outcome, the disciplinary action will go into effect at the conclusion of the appeal process, including any modification by the appellate. During the appeals process, a student who was issued suspension or dismissal may continue to attend class, unless otherwise directed, but may be prohibited from participating in, representing the College in, or attending extra-curricular, co-curricular, and official College activities, such as Commencement, Overseas and Off-Campus Programs, and events or performances if it is determined that the health or safety of a student or the community is at risk. Additional interim measures, such as those to ensure the safety of community members, may be put in place until the conclusion of the appeal process, as deemed appropriate by the Dean of Students or designee.

XX. CONDUCT FILES AND RECORDS

A. The formal adjudication process prompts creation of a reportable conduct file in the Office of Student Rights and Responsibilities. The conduct file contains information related to the incident as well as the following:

  1. copies of letters regarding prior conduct matters.
  2. any subsequent correspondence related to the case.
  3. materials related to outcomes.
  4. other reports at the discretion of the Dean of Students or designee.
  5. written comments from the student concerning the content of the conduct file.

B. Students may review the contents of their conduct file, and may respond or comment in writing concerning anything in the file.

C. Conduct records of students found responsible will be destroyed seven years after the date of the last incident in their conduct file.

D. Conduct files are maintained indefinitely in the event of College suspension or dismissal.

E. Conduct records of students who have not yet responded to allegations or completed assigned outcomes will remain active. Once they have responded, the records are retained in accordance with the procedures above.

F. The Dean of Students or designee for good cause may void conduct records, upon written petition of a student. Factors to be considered in review of such petitions include:

  1. the present demeanor of the student;
  2. the conduct of the student subsequent to the violation;
  3. the nature of the violation and the severity of any damage, injury, or harm resulting from it.

G. Conduct files are treated as educational records under the provisions of the Family Education Rights and Privacy Act (FERPA) and may be viewed only by those who have a legitimate need to know such information in the context of their official duties. Otherwise, content of the file may only be released to others with the express written consent of the student whose name is on the file. Incidents in which the student is found responsible will be reported. The file is maintained in the Dean of Students Office for a period of seven years from the date of the incident, provided the student was not suspended, dismissed, prohibited from future enrollment or otherwise withdrawn for disciplinary reasons. Records of students who were suspended, dismissed, prohibited from future enrollment, or otherwise withdrawn for disciplinary reasons are retained indefinitely. A Conduct Authority will always consider outcomes from previous cases when determining outcomes.

XXI. INTERPRETATION AND REVISION

A. The College publishes this Code to provide students with general notice of prohibited conduct. Since this Code is not written with the specificity of a criminal statute it is open to interpretation and application by students, College administrators, faculty members, committees, and organizations acting in an official capacity.

B. Any question of interpretation regarding this Code and College Policy must be referred to the Dean of Students or designee for final determination.

C. This Code and College Policies are reviewed annually under the direction of the Dean of Students or designee, who consults with stakeholders as appropriate.

D. To propose a change to the Code or College Policies, one must submit a written proposal to the Director of Student Rights and Responsibilities describing the current language, the proposed change, and the justification for the proposed change. Typical proposals include edits for clarification, procedural changes, and policy changes. A committee of students and other stakeholders will evaluate proposals to determine whether or not to recommend a modification. If deemed appropriate, proposals through this process are subject to annual review by the Dean of Students, and must be approved by the Lewis & Clark College Executive Council.

E. From time to time, the College modifies policies, procedures, programs, office locations, and personnel. The College may, at its discretion, make appropriate modifications, with or without notice. Policies in place at the time an alleged violation occurs shall be the policies against which the conduct is resolved in any subsequent conduct hearing or resolution process.

Amended by the Executive Council: March 20, 2015

Student Rights and Responsibilities

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