Student Code of Conduct
- I. LEWIS & CLARK COLLEGE: STUDENT CODE OF CONDUCT
- II. PURPOSE
- III. DEFINITIONS
- IV. AUTHORITY
- V. JURISDICTION
- VI. VIOLATION OF LAW AND COLLEGE DISCIPLINE
- VII. PROHIBITED CONDUCT
- VIII. OUTCOMES
- IX. STUDENT ORGANIZATIONS
- X. INTERIM ACTION
- XI. THE OFFICE OF STUDENT RIGHTS AND RESPONSIBILITIES
- XII. CONDUCT AUTHORITIES
- XIII. SELECTION AND REMOVAL OF BOARD MEMBERS
- XIV. ADMINISTRATIVE HEARING PROCEDURES
- XV. COLLEGE REVIEW BOARD HEARING PROCEDURES
- XVI. STUDENT RIGHTS AND RESPONSIBILITIES BOARD HEARING PROCEDURES
- XVII. COLLEGE HONOR BOARD HEARING PROCEDURES
- XVIII. SEXUAL MISCONDUCT POLICY PROCEDURES
- XIX. APPEALS
- XX. INFORMAL RESOLUTION OPTIONS
- XXI. CONDUCT FILES AND RECORDS
- XXII. INTERPRETATION AND REVISION
I. LEWIS & CLARK COLLEGE: STUDENT CODE OF CONDUCT
Established July 1994 by the Dean of Students
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. Students are encouraged to engage in opportunities to learn more about themselves and others in a way that values self-advocacy and personal responsibility in conjunction with community care.
Students are expected to be familiar with the information within the Student Code of Conduct, as they will be held accountable to the standards outlined below.
When used in this Code:
- 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.
- 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.” This includes students on a leave of absence or semester withdrawal.
- 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.
- the term “College official” includes any person employed by the College to perform assigned administrative or academic responsibilities, including faculty, staff, and contracted staff.
- the term “College premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, leased, rented, or otherwise controlled by the College. This differs from the College’s Clery geography, which may include public property adjacent to the institution.
- the term “conduct authority” means any person, persons, or office authorized by the College to determine whether a student has violated the Code and to impose or recommend imposition of outcomes.
- 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 ofCollege sponsored activities.
- the term “ASB” refers to the Associated Student Body. All students matriculated in the College of Arts and Sciences are represented by the student association.
- the term “student organization” means any number of persons who have complied with College requirements for registration as a student organization, or are formally recognized by the College as such.
- the term “College sponsored activity” means any activity, on or off campus, which is initiated, aided, funded, authorized, or supervised by the College.
- the term “distribution” means sale or exchange of goods or services.
- 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 or potentially capable of causing or has caused death, incapacitation, or serious physical injury; any item used to harass, threaten, intimidate, assault, or batter; and any item the College deems dangerous.
- 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, living, and College administration.
- the terms “will” and “shall” are used in the imperative sense.
- the term “may” is used in the permissive sense.
- the term “written notice” covers both paper copy and electronic mail. Official notifications in this Code may be made by e-mail to a student’s College email address.
- 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 a violation has more likely than not to have occurred (i.e. preponderance of evidence).
- 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.
- the “Assistant Dean for Campus Life and Director of Student Rights and Responsibilities” is a professional staff member designated by the Vice President for Student Life and Dean of Students to be responsible for the administration of the Student Code of Conduct and to serve as the primary conduct authority for the College of Arts and Sciences.
- the term “Informal 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.
- the term “minor violation” refers to a violation of policy that has not resulted in or foreseeably would not result in significant damage to persons or property.
A. The Assistant Dean for Campus Life and Director of Student Rights and Responsibilities, or designee, determines how each allegation of student misconduct or conflict will be resolved.
B. The Assistant Dean for Campus Life and Director of Student Rights and Responsibilities, or designee, has the authority to identify and facilitate the most appropriate resolution pathway for a conflict, including informal resolution pathways and formal adjudication.
C. The Vice President for Student Life and Dean of Students, or designee, in consultation with the General Counsel, members of the Vice President for Student Life and Dean of Student’s Leadership Team, and designated representative of the Associated Student Body shall develop policies for the administration of the conduct program and procedural rules for conduct hearings, consistent with provisions of this Code.
D. The Vice President for Student Life and 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.
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:
- Academic work or other College-related educational activities and experiences, such as class projects, field trips, study abroad, community service, internships, or employment;
- Activities sponsored, conducted, or authorized by the College or its student organizations;
- Activities that cause or threaten harm to the health, safety, well-being, or property of the College or any member of the College community;
- Activities that disturb the peace and privacy of a student’s neighbors when living in off-campus housing;
- Activities that disturb the peace and privacy of the College’s residential neighbors;
- 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 the College. This includes students currently on a leave of absence or semester withdrawal. Moreover, the College 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 the College, and even if the College does not learn of such conduct until after the student graduates, withdraws, takes leave, or is otherwise absent;
- 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. An individual’s status as a student does not grant them any special considerations when charged by federal, state, or local authorities. 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 comply 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. Examples include, but are not limited to, contacting law enforcement or responding to personal legal summons.
VII. PROHIBITED CONDUCT
A. The Student Code of Conduct establishes principles of behavior that support the safety and well-being of the College community.
B. Failure to adhere to expectations outlined in published College Policy is prohibited and may be subject to disciplinary action.
C. A list of policies prohibiting certain types of conduct is maintained by the Office of Student Rights and Responsibilities.
A. A conduct outcome is an educational tool designed to remediate violations of College Policy. They are given to students by the appropriate conduct authority if the student is found responsible under the premise that they were more likely than not (“preponderance of evidence”) to have violated the policy. Outcomes relate to the nature and context of the policy violation, the needs of those impacted by the violation, as well as the needs of the student found responsible. The severity of the outcome may increase in cases of aggravated or repeated misconduct. Outcomes of suspension or dismissal require the approval of the Vice President for Student Life and Dean of Students or designee.
B. Educational institutions, 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 other outcomes not listed that are deemed educationally appropriate, may be assigned by the appropriate conduct authority when any student is found responsible by that conduct authority for a violation of College Policy:
- Discretionary Outcomes: Consistent with the College’s philosophy to establish learning outcomes for violations of policy, these are assigned when they are relevant to a violation of the Code. These may include but are not limited to: educational programs and/or presentations, financial and/or service-based restitution, loss of privileges (e.g., participating in extracurricular activities, access to events or locations), etc.
- Formal Warning: A written notice to ensure a student is informed of the policy and is required to comply with the policy.
- Emergency Contact Notification: In certain circumstances, a student’s emergency contact may be informed of the student’s infraction and relevant outcomes in person or in a virtual conference or phone call if the specific violation is deemed a serious and/or ongoing danger to the individual’s health and wellness or the community’s health and wellness.
- Termination or Alteration of Housing Agreement: In certain circumstances where the student’s conduct has a particular impact on the College’s residential environment, the College may alter, suspend or remove a student’s Housing Agreement. This may include, but is not limited to, restricting that student’s access to certain residence halls or specific areas within the residence halls (i.e. lounges, kitchens, etc.), prohibiting them from living on campus for a set period of time, or permanently removing them from campus housing. If a student is removed from housing during the academic year, they will be given a period of time to remove their belongings from campus and vacate their housing assignment. The student may also be responsible for any remaining contracted housing cost, unless stated otherwise by the presiding conduct authority. If a student is removed from housing, whether temporarily or permanently, they will be prohibited from accessing any residence halls during the period of their removal.
- Disciplinary Probation: This indicates that the student’s continued enrollment at the College is conditional until graduation unless the probation is removed utilizing the process below. It requires the student to demonstrate that they can act in a manner consistent with the College’s standards to which they agreed when they matriculated. However, a student who is on Disciplinary Probation is encouraged to rectify the unacceptable behavior and, and as necessary and appropriate, will be supported and assisted in doing so. Upon receiving a Disciplinary Probation outcome, the student is automatically entered into the Community Re Engagement (CoRe) program to have the probation lifted. After three academic calendar months, the student may turn in the CoRe program requirements, and the Assistant Dean for Campus Life and Director of Student Rights and Responsibilities will evaluate if the probation may be lifted based on the completion of the program. 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 or serve on conduct boards.
- Terminal Probation: This is the most severe outcome issued as a result of student conduct that does not compromise their academic status. Terminal Disciplinary Probation lasts one calendar year and includes all the restrictions of Disciplinary Probation. Additionally, the student will be required to work with an appointed non-student mentor to help address the issues that led to this outcome. After one year, if the student meets the terms of their probation, Terminal Disciplinary Probation converts to Disciplinary Probation. Students who violate the Code of Conduct while on Terminal Disciplinary Probation may be subject to disciplinary dismissal subsequent to a finding of responsibility through a student conduct hearing.
- 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 by the presiding conduct authority. At the discretion of the Vice President for Student Life and 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 Vice President for Student Life and Dean of Students, or designee.
- Disciplinary Dismissal: Permanent separation of the student from the College. At the discretion of the Vice President for Student Life and 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 that are related to or associated with the activities of the organization.
C. The officers, leaders, or any identifiable spokespersons for a student organization may be directed by the Vice President for Student Life and Dean of Students or designee to take action to prevent or end violations by members, officers, or leaders that are related to or associated with the activities of the organization.
D. Outcomes for organizations will often be educational, but in cases of severe violations, 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 that are related to or associated with the activities of an organization may also be assigned personal outcomes, regardless of those assigned to the organization.
X. INTERIM ACTION
A. In certain circumstances, the Assistant Dean for Campus Life and Director of Student Rights and Responsibilities or designee may establish an Interim Action Plan. This plan may restrict a student’s or organization’s privileges and/or may set expectations of behavior. Possible measures include, but are not limited to, prohibiting access to campus, residence halls, classes, prohibiting contact between persons, or placing limitations on other activities while the circumstances are being evaluated. These measures may be imposed:
- to ensure the safety and wellbeing of members of the College community, or;
- to preserve College property, or;
- if the student or organization poses a substantial threat of disruption of or interference with the normal operations of the College.
B. The Assistant Dean for Campus Life and Director of Student Rights and Responsibilities or designee will identify what criteria and/or period of time would need to be met for the Interim Action Plan to be resolved.
C. The recipient of the Interim Action Plan may request a hearing with the Vice President for Student Life and Dean of Students, who may designate another administrator to review this matter. The Vice President for Student Life and Dean of Students or designee will review the information prompting the Interim Action Plan, the evidence provided by the recipient, and will render a decision upholding or modifying the measures.
D. The Interim Action Plan goes into effect immediately and remains in effect until the Assistant Dean for Campus Life and Director of Student Rights and Responsibilities, the Vice President for Student Life and Dean of Students, or their designee delivers a written modification or resolution thereof.
XI. THE OFFICE OF STUDENT RIGHTS AND RESPONSIBILITIES
A. The Mission of Student Rights and Responsibilities: Student Rights and Responsibilities educates for civic leadership, promotes equity and inclusion, pursues balance when harm occurs, and protects the welfare of the community and the individual. We develop conflict competence through peaceful, restorative practices.
- The Assistant Dean for Campus Life and Director of Student Rights and Responsibilities coordinates the oversight and implementation of procedures associated with response to student conduct issues, including authority to:
- determine whether a policy violation may have occurred, whether to initiate a proceeding as outlined in this Code, and the nature of the violation to allege against a student or organization;
- interview and advise parties involved in disciplinary and informal proceedings;
- train and advise conduct boards;
- review the decisions of conduct boards;
- maintain all student disciplinary records;
- develop procedures for conflict resolution, including mediation;
- monitor the application and completion of educational outcomes;
- collect and disseminate research and analysis concerning student conduct; and
- submit timely statistical reports to the Office of Campus Safety and Vice President for Student Life 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:
- Administrative Hearing: conducted by administrators within the Division of Student Life. Authority is granted to these staff by the Vice President for Student Life and Dean of Students or designee, to adjudicate and determine whether the involved student, more likely than not (“preponderance of evidence”) ,violated the policy, and to determine appropriate outcomes as necessary.
College Honor Board: consists of three voting students and one non-voting student chair nominated by the ASB Student Academic Affairs Board Chair, subject to approval by ASB Senate, and three voting faculty members appointed by the Head of Academic Integrity. The Head of Academic Integrity is a faculty member appointed by the Dean of the College of Arts and Sciences to advise the College Honor Board. The Head of Academic Integrity serves as a non-voting advisor to the Board. The College Honor Board serves these purposes:
- to hear all alleged violations of the Academic Integrity Policy and to determine whether the involved student, more likely than not (“preponderance of evidence”) , violated the policy.
- to impose disciplinary outcomes and/or to recommend outcomes to the Dean of the College, as noted in this Code.
- to advise and consult with academic and administrative officers in matters related to academic integrity standards, policies, and procedures.
College Review Board: consisting of three trained board members appointed by the Vice President for Student Life and Dean of Students or designee. The College Review Board hears alleged policy violations to determine whether the involved student(s), more likely than not (“preponderance of evidence”) , violated a policy, and determines appropriate outcomes as necessary. Use of the the College Review Board is at the discretion of the Vice President for Student Life and Dean of Students or designee, but is generally used in the following circumstances:
- when alleged violations involve faculty or staff members as victims,
- when the alleged violations by a student or students may be serious enough that a suspension or expulsion from the College is being considered,
- when the alleged violations by a student organization may be serious enough that a loss of a student organization’s privileges, status, or funding is being considered,
- when other boards are unable to obtain a quorum or are unable to hear a case, or
- in any situation at the discretion of the Vice President for Student Life and Dean of Students or designee.
B. 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 Assistant Dean for Campus Life and Director of Student Rights and Responsibilities or designee, or the Head of Academic Integrity in the case of faculty members on the College Honor Board. In specific situations where a timely decision is needed, and when classes are not in session and/or student board members are not available, the Head of Academic Integrity may also replace student members of the College Honor Board.
C. At the discretion of the Vice President forStudent Life and 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 Vice President for Student Life and Dean of Students or designee, independent of conduct authority action.
XIII. SELECTION AND REMOVAL OF BOARD MEMBERS
A. Members of the various conduct boards are selected or appointed in accordance with:
- the procedures developed by the Assistant Dean for Campus Life and Director of Student Rights and Responsibilities, or;
- the ASB Student Academic Affairs Board bylaws, as relates to the College Honor Board.
B. Student members of any conduct board must maintain good academic (Cumulative 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 by the Vice President for Student Life and Dean of Students or designee 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 Vice President for Student Life and 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. Administrative hearings involve a trained staff member who serves as the conduct authority. These individuals are selected by the Vice President of Student Life and Dean of Students or designee. This individual will investigate any alleged policy violations, meet with the students who have been alleged to have violated the Code of Conduct or other College policy, and 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:
- Written notice of what policies are alleged to have been violated at least 24 hours in advance of the administrative hearing. The College uses College email as the means of delivering the written notice.
- An opportunity to address the case before one of the aforementioned Conduct Authorities, section XII, not more than 15 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 Vice President for Student Life and Dean of Students or designee.
- A written decision and explanation of any outcomes within five business days of hearing.
- An opportunity to appeal the decision as outlined in section XIX “Appeals”.
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 College email as the means of delivering the written notice;
C. The hearing will occur not more than 15 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 Vice President for Student Life and Dean of Students or designee;
D. A written decision and explanation of any outcomes is delivered via email within five business days of hearing;
E. A decision may be appealed 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 respondent. An Advisor may also accompany the student complainant, if there is one. The respondent (and the complainant, if there is one) are each responsible for presenting their own information. Advisors are not permitted to speak in the proceedings except to the student that they are advising.
J. The respondent (and the complainant, if there is one) 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 Assistant Dean for Campus Life and Director of Student Rights and Responsibilities;
M. After the hearing, the Board goes into closed session to determine, by majority vote, 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 not (“preponderance of evidence”) that the involved student violated the policy;
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 of Arts and Sciences or designee, upon recommendation from the College Honor Board.
D. In cases of alleged academic dishonesty, the following procedures are used to resolved cases:
- 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 should first consult in private with the respondent in an effort to more fully understand the situation, providing the student an opportunity to explain the incident.
- The faculty member is encouraged to consult informally with the Head of Academic Integrity before this meeting to determine whether other such reports have been made about the respondent. The Head of Academic Integrity maintains a confidential record of these informal reports.
- 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 of Arts and Sciences. The faculty member and the student(s) must each acknowledge the initial meeting, and each receives a copy of the form, which, if deemed applicable and necessary, advises the student and the faculty member of a formal hearing before the College Honor Board.
- 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 of Arts and Sciences or designee.
- If the College Honor Board does not find the student responsible for academic dishonesty, 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 of Arts and Sciences, who will have the authority to make a final determination.
- 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 POLICY PROCEDURES
A. Sexual Misconduct Policy proceedings are conducted in accordance with guidelines established in the Sexual Misconduct Policy located in Lewis & Clark College Policies.
A. Appeals may only be sought by:
- the student alleged to have violated a policy in the original hearing, or
- the complainant in the original hearing, if there is one.
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 naming the basis for appeal and any supporting documentation.
The receipt of the appeal will be acknowledged in writing. The College uses L&C email as the means of delivering the written notice. 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 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 15 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:
- A procedural or substantive error occurred that significantly affected the outcome of the hearing, such as substantiated bias or material deviation from established procedures.
- 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 (“preponderance of evidence”) standard.
- Outcome(s) imposed were disproportionate for the violation of which the student was found responsible.
- New pertinent information or other relevant facts have been revealed since the time of the original hearing that would have been 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 may revise the findings, outcomes, and/or penalties of the original officer and/or board, or may return the matter to the original officer and/or board for reconsideration in light of the appellate officer or board’s decision. 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 and College Review Board appeals will be directed to the Vice President for Student Life and Dean of Students or designee.
F. College Honor Board appeals will be directed to the Dean of the College of Arts and Sciences.
G. Appeals of decisions reached by the Assistant Dean for Campus Life and Director of Student Rights and Responsibilities will be directed to the Vice President of Student Life and Dean of Students. Upon receipt, the Vice President of Student Life and Dean of Students may resolve the appeal or or appoint a designee to do so.
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 officer or Board. During the appeals process, 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 Vice President for Student Life and Dean of Students or designee.
XX. INFORMAL RESOLUTION OPTIONS
A. Informal Resolution includes a series of resolution options that may substitute for a formal conduct proceeding in the case of certain non-academic policy violations. These Informal Resolutions options are intended to be voluntary, education-centered, and balance individual student needs with accountability. These options are meant to allow those accused of causing harm and/or allegedly violating policy (i.e. “Respondents”) and the alleged harmed parties (i.e. “Complainants”) to participate in a process that promotes inclusive decision-making centered on the Respondent(s) acknowledging harm caused and accepting responsibility for repairing that harm (to the extent possible) experienced by the Complainant and/or the College community.
B. For an Informal Resolution to take place, a formal report about the alleged behavior must be submitted to the Office of Student Rights & Responsibilities, or to the Office of Title IX if the issue arises under the Sexual Misconduct Policy. This can be submitted through a reporting form, by email or in person to the appropriate office. Once submitted, an Informal Resolution may be requested by an involved student or by the College through a staff designee. Everyone participating in an Informal Resolution option must consent to it taking place, including the Respondent(s), the Complainant(s), and the College. If an Informal Resolution is able to resolve the situation, the resolution and any additional outcomes must be documented by the College. In these Informal Resolutions, any policy violations that may have taken place should still be addressed within the resolution process, but any documentation will be considered an educational record rather than a formal conduct record due to no formal adjudication process being initiated. For more information on what constitutes a Conduct Record, please refer to section XXI below regarding Conduct Files and Records.
C. The College, represented by the Vice President for Student Life and the Dean of Students or the Assistant Dean for Campus Life andStudent Rights and Responsibilities, may determine that an Informal Resolution, even when requested, is not a suitable option. Such a determination may be made based on a number of factors. This includes, but is not limited to, the severity of the alleged conduct, repetitive nature of the alleged conduct, time elapsed between alleged violations, additional documentary evidence, expressed fear by the Complainant, or other community impact of an alleged policy violation. Should the College determine that an alleged policy violation may not be resolved by an Informal Resolution or if a resolution between parties cannot be reached, the Respondent(s) will be referred to the appropriate formal conduct authority or process.
XXI. 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:
- copies of letters regarding prior conduct matters.
- any subsequent correspondence related to the case.
- materials related to outcomes.
- other reports at the discretion of the Vice President for Student Life and Dean of Students or designee.
- 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 date of the student’s enrollment.
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. In rare circumstances, the Vice President for Student Life and Dean of Students or designee for good cause may void conduct records, upon written petition of a student or alumni. This petition may not take place within three years of the record creation, and it must include the basis of the petition and any supporting documentation. Approval of these petitions will be rare, as record maintenance has impacts on other processes at the College. Factors to be considered in review of such petitions include:
- the present demeanor of the student;
- the conduct of the student subsequent to the violation;
- the nature of the violation and the severity of any damage, injury, or harm resulting from it;
- a procedural error that was not previously appealed due to a lack of knowledge or ability to do so.
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, or as otherwise permitted by law. Incidents in which the student is found responsible will be reported. The file is maintained in the Office of Student Rights and Responsibilities for a period of seven years from the last date of the student’s enrollment, 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.
H. In instances where a student withdraws from the College pending disciplinary action, the College reserves the right to withhold grade reports, transcripts, diplomas, and registration privileges until such time as the case is resolved. In instances where a student is permanently separated from the College through a disciplinary dismissal, this fact will be permanently notated on the student’s academic transcript at the conclusion of the appeal period.
XXII. 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, staff, 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 Vice President for Student Life and Dean of Students or designee for final determination.
C. This Code and College Policies are reviewed bi-annually or as needed under the direction of the Vice President for Student Life and 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 Vice President for Student Life and Dean of Students or designee, 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 or other stakeholders will evaluate proposals to determine whether or not to recommend a modification. If deemed appropriate, proposals through this process are subject to review by the Vice President for Student Life and Dean of Students or designee, and must be approved by the 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.
Last Amended: September 25, 2023