STUDENT CONDUCT CODE PURPOSE AND FOUNDATION Wells College Is

student conduct code purpose and foundation wells college is dedicated to the personal development and academic excellence of its stud

STUDENT CONDUCT CODE
PURPOSE AND FOUNDATION
Wells College is dedicated to the personal development and academic
excellence of its students. Wells students possess certain rights and
privileges together with corresponding duties and responsibilities.
Every student is entitled to socially responsible freedom of action as
an expression of collegiate activity. Each individual is due the
respect of his/her personal dignity and property. In turn, each
student is responsible for maintaining community standards of behavior
that do not interfere with the rights of others or the effective
functioning of the College.
The foundation of student conduct at Wells College is the Honor Code
and the Community Standards Statement. The Honor Code requires all
students to act with integrity and to hold themselves and others
accountable. The Community Standards Statement requires all students,
faculty and staff at the College to treat one another with dignity and
respect and to respect differences.
In keeping with the Honor Code and Community Standards Statement, each
student at Wells is required to practice personal and academic
integrity, to demonstrate respect for the dignity of all persons, to
respect the rights and property of others, to discourage intolerance
and to show concern for others. Students are required to engage in
responsible and ethical conduct that reflects the principles of the
College and each student must refrain from and discourage behavior
that threatens the freedom and respect that every individual deserves.
Toward that end, the College, with input from the community, has set
forth certain expectations for socially responsible student behavior
systems through which the College may seek redress against persons who
have infringed upon the rights and privileges of others and/or the
College.
SCOPE
All violations of College policies and procedures committed on or off
College property (both inside and outside the classroom), or at
officially sponsored College events (on or off campus) or via the
College’s electronic network fall within the scope of the Student
Conduct Code. Although the College is not legally responsible or
financially liable for the behavior of students off-campus, it
reserves the right to take disciplinary action against students when
their off-campus behavior violates College expectations and/or
policies or when it adversely impacts the College and its students or
the surrounding community. Each student shall be responsible for
his/her conduct from the time of application for admission through the
actual awarding of a degree, even though the conduct in question may
occur before classes begin or after classes end, during the academic
year or during periods between terms of actual enrollment (even if
such conduct is not discovered until after a degree is awarded).
The College recognizes that all students, in addition to being members
of the College community, also belong to the community at large. The
College’s Student Conduct Code does not protect or shield students
from their responsibilities under federal, state, and/or local laws or
ordinances. The College reserves the right to refer any situations
involving student misconduct to appropriate law enforcement
authorities. The College may impose disciplinary sanctions on a
student or recognized student group, club or organization found
responsible for the violation of College policies and procedures
contained herein, regardless of the pendency, timing or result of any
external proceedings related to the conduct at issue. The rules of
conduct and the associated procedures contained herein are limited to
students, full-time and part-time.
DISCIPLINARY AUTHORITY
The College’s president and the board of trustees have designated the
dean of students to be responsible for the administration of student
conduct standards and the enforcement of the Student Conduct Code. The
dean of students, in consultation with students, faculty and staff,
has developed policies for the administration of campus discipline.
The College community and its board of trustees have established the
following policies and procedures to support a philosophy of education
based on socially responsible freedom. The policies and procedures
contained in this Wells College Community Handbook are established in
order to provide a climate necessary for achieving the goals of
learning and personal development.
JURISDICTION
1.
The dean of students, pursuant to the authority delegated by the
College president and the board of trustees of Wells College, is
responsible for the administration and enforcement of the Student
Conduct Code and all policies contained within the Wells College
Community Handbook.
2.
The associate dean of students for residence life, in conjunction
with the dean of students and in consultation with the Collegiate
Cabinet, is responsible for the annual review of the policies and
procedures contained in the Wells College Community Handbook.
3.
The Wells College Student Conduct Code applies to all Wells
College students and student groups, clubs and organizations.
4.
Wells College students are also subject to rules and regulations
contained in the Wells College Catalog.
5.
The jurisdiction of the Student Conduct Code may be extended to
individual or collective activities which are not recognized or
approved by the College and which do not occur on Wells College
premises if, in the opinion of the dean of students, such
activities violate College expectations and/or policies, adversely
impact the College or surrounding community, and/or have an
adverse affect on the interests or educational mission of Wells
College.
RESOLUTION OF COMPLAINTS
Students, faculty, staff, municipal authorities or other members of
the community may bring forward complaints regarding the behavior of
Wells College students. The College routinely reviews all such
complaints and any related incident reports or information and
determines the method of resolution. Complaints should be brought
forward within a reasonable period of time in order to ensure
appropriate resolution. Complaints brought forward more than 90 days
from the time of the original incident are not ordinarily pursued.
• Complaints by students, faculty, staff, municipal authorities or
members of the community regarding Wells College students will be
reviewed by the dean of students, who will make a determination as to
the appropriate method of adjudication.
• Student complaints regarding faculty or staff members shall be
resolved in accordance with the Faculty Manual or Staff Handbook.
• Student complaints regarding persons who are not members of the
Wells College community shall be referred to the appropriate local,
state or federal authorities.
• The College may also choose to initiate a complaint through the dean
of students or other administrator.
• The College reserves the right to issue a No Trespass order to a
Wells College student or non-student if, in its judgment, it believes
that this will protect the health and safety of Wells College
students, faculty, staff and property.
Depending upon the nature and circumstances of the alleged violation,
the following methods of adjudication may be utilized to resolve
allegations regarding student behavior. The dean of students has the
discretion to decide which of the following methods, or some
combination or variation of them, is the most appropriate procedure in
a particular situation:
Informal Resolution
In some instances, incidents and/or allegations are most appropriately
resolved in a manner not resulting in formal disciplinary charges.
This may include, but is not limited to, meeting with a member of the
residence life staff, the dean of students or her designee, and/or
other faculty, staff or other on- or off-campus resources as deemed
appropriate by the dean of students.
Conduct Review Meeting
A Conduct Review Meeting is conducted by a student life administrator
to adjudicate most first-time violations and/or violations where
separation from the College is not a likely or potential outcome. In
cases where separation from the College is a likely or potential
outcome and depending on the nature and circumstances of the
violation, the associate dean for residence life or the dean of
students may administer the Conduct Review Meeting.
Community Court
The Community Court resolves alleged violations of the Honor Code
brought forward through self-report or reported to the Community Court
by a student, staff or faculty member. Violations under the
jurisdiction of the Community Court include lying, cheating, stealing,
concealing or failure to report a witnessed violation.
Administrative Decision
The Deanof students or his/her designee may make an administrative
decision regarding an alleged violation of the Student Conduct Code.
The College also reserves the right to place a student on interim
suspension when conduct is deemed to be in violation of College policy
or in situations where the student poses a risk to him/herself, to
others or the College and its programs and mission. In taking such
action, the College need not assign further reasons. A student placed
on interim suspension will normally be entitled to a Conduct Review
Meeting within 72 hours.
At the discretion of the dean of students, and following
individualized assessment, a student who is determined to be a danger
to self or to others, or in which the behavior of the student
significantly disrupts the living and learning environment of the
College, may be involuntarily or administratively withdrawn, suspended
or expelled.
CONDUCT REVIEW MEETING PROCEDURES
The following procedures are guidelines only, which will be followed
to the extent they are practical and appropriate in a given situation.
The fact that all guidelines are not followed in a particular
situation will not affect the validity or appropriateness of a
disciplinary decision or process.
1.
Incidents of alleged violations of the Student Conduct Code or
College policy are reported by members of the campus community or
faculty/staff members in the course of their duties to the Office
of Residence Life or the Office of Campus Security and Safety via
Incident Report Forms or other means.
2.
Incident Report Forms or complaints brought forward by other means
are usually reviewed expediently by, where practical, the dean of
students, the associate dean of students for residence life and
the director of safety and security.
3.
The associate dean for residence life and/or the dean of students
assign alleged charges as appropriate.
4.
Absent extenuating circumstances, within seven (7) business days
of the report or identification of the alleged violation, the
student is usually notified in writing to attend a conduct review
meeting. The following information will be provided:
• Time, date and location of the meeting
• Name and contact information for staff member conducting review
• Section of the Student Conduct Code allegedly violated
• Date of the alleged violation
In the event of a justifiable scheduling conflict, the student has
three (3) business days following written notice of the meeting to
notify the appropriate staff member and reschedule.
5.
The student attends the scheduled meeting. At this time, the
student may respond to any and all alleged violations and review
relevant incident reports and documents and provide relevant oral
or written information. The Student Conduct Code and the relevant
procedures for resolution will be explained and an opportunity for
questions will be provided. Legal counsel, parents/guardians or
other representatives are not permitted at this conduct review
meeting. At this time, one of the following will occur:
• Charges dropped
• Student does not accept responsibility
• Student accepts responsibility
6.
In some instances, additional information may be needed in order
for a decision to be rendered. The staff member holding the
conduct review meeting may adjourn the meeting in order to gather
more information, talk with other relevant parties, etc. A
follow-up meeting will be set to bring the matter to closure.
7.
If the student accepts responsibility, sanctions are assigned as
appropriate, and are effective immediately upon the close of the
meeting. If the student does not accept responsibility, the case
is referred to the associate dean for residence life or dean of
students, as appropriate.
8.
Within ten (10) business days of the meeting, the student is
notified of the resolution and/or sanctions in writing.
VIOLATIONS
The conduct outlined below constitutes violations of the Wells College
Student Conduct Code. Items noted with an * are also violations of the
Wells College Honor Code.
Academic Dishonesty*: Any act of academic dishonesty including
collaboration, copying, plagiarism, forgery, fabrication, inadequate
or inappropriate citation, or invasion or theft of information.
Aggressive Behavior: Acting with violence, aiding, abetting or
encouraging the commission of any act of violence, or potentially
life-threatening behavior toward another person. Engaging in the use
of threatening, harassing or abusive language, actions or behavior.
Alcohol: Students must abide by New York State and federal law in the
purchase, distribution and/or consumption of alcohol. The following
constitute specific violations of the alcohol policy:
• College functions. Alcoholic beverages are prohibited at all College
functions in which students are in attendance, including (but not
limited to) dances, concerts, athletic events, and dinners, without
proper submission of an Event Request Form and advance permission from
the dean of students.
• Open container. Alcoholic beverages and open containers of alcoholic
beverages are prohibited in all public areas of the campus, both in
the buildings and on the grounds, regardless of age.
• Intoxication. Impairment as the result of intoxication does not
relieve a student of responsibility for the consequences of his or her
actions or the actions of his/her guests.
• Private rooms. Alcoholic beverages may be in the possession of or
consumed in the residence halls only by students or visitors of legal
age.
• Providing alcohol to minors. Students who purchase for or provide
alcohol to minors are in violation of New York state law as well as
the Wells College Conduct Code.
• Bulk containers. Bulk containers are prohibited on College property.
A bulk container is defined as, but not limited to: kegs, beer balls
or alcoholic punch in excess of one gallon. All students present in a
room or area where a bulk container is present are in violation of the
Alcohol Policy.
• Public display. Students may not display advertisements or items
(i.e. signs, posters, photographs, bottles) that promote illegal drug
and/or alcohol products in the public spaces of the campus, i.e.
hallways, lounges, bathrooms, exterior windows of residence halls,
etc.
• Health and safety. Alcohol bottles and containers (full or empty)
are not permitted as decorations in residence hall exterior windows.
They may be confiscated during routine health and safety inspections
or at the discretion of residence life or campus safety and security
staff.
• Off-campus. Wells College reserves the right to assign disciplinary
sanctions to students based on socially irresponsible and/or illegal
alcohol-related incidents that occur off-campus.
Destruction of Property: Damage, destruction, or theft of College
property or property belonging to others; failure to report accidental
damage.
Disrespectful Conduct: Language or behavior that disrespects and/or
demeans another person.
Disruptive Conduct: Interference with any class or other College
function by any form of deliberate disturbance or disruption; noise or
general disorderliness that creates an unreasonable disturbance and/or
trespasses on the rights of others. Lewd or indecent behavior,
including use of electronic or other devices to make an audio or video
record of any person without his/her consent. No student shall engage
in behavior that poses a direct threat to the health or safety of self
or others.
Drug Paraphernalia: Possession, use, storage or sale of drug
paraphernalia or use of paraphernalia in connection with the use of
illegal drugs.
Drugs: Possession, use, manufacture, storage, distribution or sale of
illegal or controlled substances. Illegal drugs, as referred to in
this policy, include drugs that are not legally obtainable, as well as
drugs that are legally obtainable but are obtained or distributed
illegally or used for illegal or unauthorized purposes.
Failure to comply*: Failure or refusal to cooperate with a reasonable
request by a College official (or emergency response or law
enforcement personnel) acting in good faith and within the scope of
his/her duties, including but not limited to, failure to cease the
prohibited conduct, failure to produce identification, failure to
respond to conduct notification letters, or interference with or
failure to cooperate with an investigation by the College, including
any meetings or proceedings that occur. Failure to comply with the
sanctions as outlined by the Community Court.
Falsification*: Providing false information to any College office or
official or providing false information during a disciplinary
proceeding.
Fire Safety: Including, but not limited to the following:
• misuse of fire safety equipment (including but not limited to fire
extinguishers, sprinkler system, etc.)
• false reporting of a fire*
• tampering with or causing malfunction of a pull station
• tampering with a smoke detector
• setting or causing a fire in a building
• setting or causing a fire in any outdoor area without advance
approval
• remaining in a building during a fire alarm
Fireworks: Possession or use of fireworks, smoke bombs, etc.
Gambling: Gambling as prohibited by state or federal law.
Harassment: Written or verbal annoyances, threats, pestering, or
teasing that causes or would be likely to cause any reasonable
individual worry, trouble, or concern or that demeans or degrades
another person.
Harassment on the Basis of Protected Characteristics: Any biased
behavior based upon race, gender, age, national origin, ethnic origin,
religion, disability, sexual orientation, or other characteristics
identified in the College’s non-discrimination statement, and of a
nature and level prohibited by the College’s Anti-Harassment Policy as
outlined in this handbook.
Hazing: Violation of the Hazing policy as outlined in this handbook.
Host Responsibility: Wells College students are responsible for the
registration and behavior of their guests or visitors in accordance
with the Guest Policy as outlined in the Residence Life Policies and
Regulations.
Improper Assistance: To assist or encourage others to commit any of
the prohibited acts stated in the Student Conduct Code.
Local, State and Federal Laws: Being charged with or convicted of the
violation of local, state or federal laws or ordinances.
Motor Vehicles: Violation of the Motor Vehicle Policy as outlined in
this handbook. In addition, continued violations of the Motor Vehicle
Policy may be referred for conduct action.
Network Acceptable Use Policy: Any abuse or interference with
computers or computer access that disrupts or infringes on the rights
of others as outlined in this handbook and in the Wells College
Catalog.
Other College Policies: Violations of other published College policies
in hard copy or available on the College Web site, including but not
limited to, the Wells College Catalog, the Wells College Student
Athlete Handbook, Wells College club and organization policies, and
policies relating to discrimination, discriminatory harassment, sexual
harassment, computer use and residence halls.
Residence Halls: Violation of the residence hall policies and
procedures as outlined in this handbook or communicated to students
via electronic and/or hard copy memos and announcements. Violation of
the Residence Hall Contract.
Sexual Harassment: Violation of the Sexual Harassment Policy as
outlined in this handbook.
Sexual Misconduct: Violation of the Sexual Misconduct Policy as
outlined in this handbook.
Smoking: Wells College is a smoke-free campus. Smoking is not
permitted on College property, in College vehicles or in personal
vehicles while on College property. The complete Smoking Policy is
found under Administrative Policies in this handbook.
Theft*: Unauthorized acquisition, removal or use of personal or
College property, including computer files or data, e-mail or other
electronically stored information or service; mutilation and/or theft
of library material. Possession of property on College premises stolen
from the College or from others.
Unauthorized Entry or Use*: Illegal or unauthorized entry into any
College facility. Using or attempting to use College property in a
manner inconsistent with its designated purpose. Tampering with
property, services, or resources belonging to the College, guests, or
approved vendors. Duplication of keys, computer access codes or other
devices meant to provide access to unauthorized areas or information.
Weapons: Possession and/or use of a dangerous article or substance
with the potential to injure or discomfort a person. Possession and/or
use of unregistered firearms, ammunition or other weapons (or items
that may be construed as weapons) on College property.