Jurisdiction
Jurisdiction | Violations of the Law
Jurisdiction
The Honor Code, expectation for academic integrity, Code of Social Conduct, and the student conduct process apply to the conduct of individuals who are considered students from initial enrollment through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. An enrolled student can be matriculated, enroll on a per course basis, audit courses, and/or be dually enrolled. The College retains conduct jurisdiction over students who have chosen to take a leave of absence, withdraw, or have graduated for any misconduct that occurred prior to the leave, withdrawal, or graduation. If sanctioned, a hold may be placed on the student’s ability to reenroll and/or obtain official transcripts and/or diploma; all sanctions must be satisfied prior to reenrollment eligibility. In the event of serious misconduct committed while still enrolled but reported after the accused student has graduated, the College may invoke these procedures, and should the former student be found responsible, the College may revoke that student’s degree.
The Honor Code and Code of Social Conduct apply to behaviors that take place on the campus or at College- sponsored events, and may also apply to conduct occurring in other locations when the Vice President of Student Affairs/Dean of Students or designee determines that the off-campus conduct affects a substantial College interest. A substantial College interest includes, but is not limited to:
- Any situation where it appears that the student’s conduct may present or be indicative of a danger or threat to the health or safety of others in the campus community;
- Any situation that significantly impinges upon the rights, property, or achievements of others in the campus community, or significantly breaches the peace and/or causes social disorder; and/or
- Any situation that is detrimental to the educational mission, operations, and/or interests of the College.
The Honor Code and Code of Social Conduct may be applied to behavior conducted online, via email, or other electronic medium. Students should also be aware that online postings such as blogs, web postings, chats, and social networking sites are in the public sphere and are not private. These postings can subject a student to allegations of conduct violations if the violations occur, or if evidence of policy violations is posted, online. The College does not regularly search for this information but may take action if and when College officials become aware of such information.
The Honor Code and Code of Social Conduct apply to guests of community members. Community members who host guests are expected to take reasonable precautions to ensure that their guests comply with the Honor Code and the Code of Social Conduct, and are subject to discipline if they fail to take such precautions. Visitors and guests may seek resolution of violations of the Code of Social Conduct committed against them by students of College.
There is no time limit on reporting violations of the Honor Code or the Code of Social Conduct; however, the longer someone waits to report an offense, the harder it becomes for College officials to obtain information and witness statements and to make determinations regarding alleged violations. Though anonymous complaints are permitted, the nature of anonymous reports makes investigation, determination, and remediation more difficult and, at times, impossible. The College therefore encourages persons reporting violations to provide their names and contact information whenever possible. College email is the primary means of communication with students. Students are responsible for all communication delivered to their College email address.
VIOLATIONS OF THE LAW
Alleged violations of federal, state, and local laws may be investigated and addressed under the Code of Social Conduct. The College may, but shall not be obligated to, delay its processes for up to two weeks when criminal charges on the basis of the same behaviors that implicate the Honor Code and/or the Code of Social Conduct are being investigated. College action will not be altered or precluded on the grounds that civil or criminal charges involving the same incident have been filed or that charges have been dismissed or reduced. After a period of two weeks from the date the College is notified of the incident, the College, if it deems necessary to do so, will initiate the student conduct process with the available information.
The College reserves the right to exercise its authority of interim suspension upon notification that a student is facing criminal investigation and/or complaint. Interim suspensions are imposed until a hearing can be held. The interim suspension may be continued if the College determines a danger to the community is posed and the College may be delayed in conducting its own investigation and resolving the allegation by the pendency of the criminal process. In such cases, the College will only delay its hearing until such time as it can conduct an internal investigation or obtain sufficient information independently or from law enforcement upon which to proceed.
Students accused of crimes may request to take a leave from the College until the criminal charges are resolved. In such situations, the College procedure for voluntary leaves of absence is subject to the following conditions:
- The Responding Student must comply with all College investigative efforts;
- The Responding Student must comply with all interim actions and/or restrictions imposed during the leave of absence; and
- The Responding Student must agree that, in order to be reinstated to active student status, they must first be subject to, and fully cooperate with, the campus conduct process and must comply with all sanctions that are imposed.
The Student Government Association provides students with the opportunity to receive one free legal consultation from the legal services of Eleanor K. Mullaney, Attorneys at Law (518-584-8000).