Procedure

Initiating a Conduct Process

Any member of the System community may allege a violation by any student of the Code by reporting the matter to the appropriate SSAO. The SSAO manages reports of Code violations made under this procedure and may delegate this responsibility. Students, faculty, instructors, staff, authorized volunteers, and guests are encouraged to report behavior that potentially violates the Code or that may be criminal in nature. Formal reports can be made by completing a College incident report. If the conduct is believed to be criminal in nature, the SSAO should immediately report the alleged violation to campus law enforcement or security or external law enforcement.

There is no time limit on reporting violations of the Code; however, the longer someone waits to report, the harder it becomes for College officials to obtain information and witness statements and to make determinations regarding alleged violations. Anonymous complaints are permitted, though doing so may limit the College’s ability to investigate and respond to a complaint effectively.

Complaints, concerns, or reports without reasonable cause will not be pursued. Upon receipt of the report, the SSAO or designee shall review the matter to determine if it alleges sufficient information to support reasonable cause that a violation has occurred. If so, the SSAO shall promptly notify the Complainant (if any) and the Respondent in writing of the allegations and any interim action that is being imposed. Should a student withdraw from the institution prior to the conclusion of the conduct process, the College will proceed with or without the student’s involvement.

The SSAO will identify a conduct resolution pathway as outlined below based on the nature of the allegations and input from the involved parties. Decisions made by the SSAO shall be final unless subject to appeal. Any outcomes and restrictions imposed take effect immediately unless the SSAO agrees to delay or stay the outcome. Proceedings initiated under this procedure are separate from civil or criminal proceedings that may relate to the same incident. Investigations or conduct proceedings by the College are not postponed while criminal or civil proceedings are pending unless otherwise determined by the SSAO.

Interim Actions

The SSAO, in consultation with appropriate administrative personnel, may implement interim actions intended to protect the safety and well-being of the CCCS community; preserve CCCS property; address the effects of the reported behavior; and prevent further violations while the matter is under review or investigation. Interim actions may include, but are not limited to:

1. Interim No Trespass: The SSAO may issue a “Cease Communications,” “No Contact,” and/or “No Trespass,” directive, also referred to as a persona non grata.
2. Interim Suspension: This interim suspension includes attending classes and events pending a final outcome. This interim suspension begins immediately upon notice from the SSAO. In cases where a student is banned from campus on an interim basis, they will be subject to immediate arrest for trespass if they are on campus until the exclusion has been lifted. A meeting with an SSAO is then scheduled as soon as possible to determine the appropriate conduct resolution pathway.
3. Any other outcome listed in this procedure below may also be imposed on an interim basis.

In all cases in which an interim action is imposed, the individual will be given the opportunity to meet with the SSAO prior to such action being imposed, or as soon thereafter as reasonably possible, to show cause why the interim action should not be implemented. The SSAO shall have sole discretion to implement or stay an interim action, and to determine its conditions and duration. Violation of an interim action may be grounds for imposition of an outcome, up to and including expulsion.

Conduct Resolution Pathways

Alternative Conflict Resolution:
The SSAO, in consultation with the involved parties, may determine informally resolving student conduct matters through an alternative conflict resolution process is appropriate to resolve the reported concerns. The primary focus during alternative conflict resolution remains the welfare of the parties and the safety of the CCCS community, but it does not involve a formal investigation.

Alternative conflict resolution, includes, but is not limited to, dialogue, conflict coaching, mediation, restorative justice, or shuttle diplomacy. Alternative conflict resolution works best when students take responsibility for their actions, have a desire to restore the impact created in the incident, and actively participate in deciding and agreeing upon an outcome. If a resolution is reached, the matter will be closed without opportunity for an appeal.

At any time during the alternative conflict resolution process, the SSAO may elect to initiate formal investigation as deemed appropriate to resolve the matter. The parties can elect to cease the alternative conflict resolution process at any time before it concludes and proceed with a formal investigation.

Formal Investigation:

Where formal investigation is designated, the SSAO shall investigate the allegations, provide the Respondent an opportunity to be heard, and render a decision as outlined below:

1. Investigation: The SSAO shall provide the Respondent an opportunity to respond to the allegations either by meeting with the SSAO to discuss the allegations or by submitting a written response, or both. The Respondent will have the opportunity to be advised by a personal advisor of their choice, at their expense, at any stage of the process and to be accompanied by that advisor at any meeting. An advisor may only consult and advise their advisee, but not speak for the advisee at any meeting or hearing. The SSAO may remove or dismiss an advisor who becomes disruptive or who does not abide by the restrictions on their participation.
   
   The SSAO may also conduct any other investigation, such as meeting with the Complainant (if any), meeting with other relevant witnesses, and evaluating relevant documents, information, and evidence.
2. Decision: Once the investigation is complete, the SSAO shall render a decision as to whether a violation of the Code has occurred. The determination shall be based on the preponderance of evidence standard: whether it is more likely than not that the student violated the Code. The decision shall address whether alleged conduct occurred; whether and how the conduct violated the Code; and impose an outcome, if appropriate.
3. Notification of the decision in writing will be provided by the SSAO to the Respondent and any other involved parties, as appropriate. The decision will include information regarding the applicable appeals process. The decision is part of the student’s educational record.

Outcomes

The following outcomes can be implemented by the SSAO as a result of finding a violation in the formal investigation process or as part of an agreed upon alternative conflict resolution. These outcomes are intended to develop an educational and restorative experience for individuals engaging with the conduct process. These outcomes may also be put in place to ensure safety of the individual and/or the CCCS community. Outcomes will be effective immediately upon notice to the student, except that the SSAO may delay or stay the effective date, in their discretion, upon request from the student (e.g., it may be appropriate to stay an outcome pending the resolution of an appeal).

1. Loss of Privileges: The student will be denied specified privileges for a designated period of time, from one to three semesters or one academic year.
2. Building/Access Restriction: The student will be denied access to specific campus locations, from one to three semesters or one academic year.
3. Restriction on Visitation Privileges: Restrictions that may be imposed on a residence hall student or non-residence hall student. The parameters of the restriction will be specified.
4. Eligibility Restriction: The student is deemed “not in good standing” with the College for a specified period of time, from one to three semesters or one academic year. Specific limitations or exceptions may be granted by the SSAO, and terms of this outcome may include, but are not limited to, the following:
   1. Ineligibility to hold any office in any student organization recognized by the College or maintain an elected or appointed office at the College.
   2. Ineligibility to represent the College in any way, including, but not limited to participating in the study abroad program, attending meetings, or representing the College at an official CCCS function, event, or intercollegiate competition as a player, manager, or student coach, etc.
5. No Contact Orders: If a “no contact” order is issued, it is the responsibility of the student not to have any contact with the individual(s) named in the order, directly or through third parties, or electronically/online until the order is officially removed by the SSAO.
6. College Housing Reassignment: Reassignment to another College housing facility.
7. Restitution: Compensation for damage caused to the College or any individual’s property. This could also include situations such as failure to return a reserved space to proper condition, including labor costs and expenses. This is not a fine but, rather, a repayment for labor costs and/or the value of property destroyed, damaged, consumed, or stolen.
8. Referral for Treatment/Assessment: These include, but are not limited to, alcohol or drug education programs, anger management, or other relevant assessment and treatment programs. Some outcomes may include a cost or fee.
9. College/Community Service Requirements: Completion of a specific supervised College/Community service.
10. Confiscation of Prohibited Property: Items whose presence is in violation of College policy (pipes, bongs, weapons, etc.) will be confiscated. Prohibited items may be handled, disposed of, or returned to the owner at the discretion of the SSAO.
11. Educational Program/Project: Requirement to complete an educational or reflection project designed to support students in their understanding of the overall impact of their behavior, or a requirement to attend, present, and/or participate in a program related to the violation. It may also be a requirement to sponsor or assist with a program for others on campus to aid them in learning about the violation for which the student was found responsible. Audience may be restricted.
12. Warning: An official notice that misconduct has occurred and/or that future specific behavior could result in more severe restrictions, conditions, and outcomes.
13. Probation: A period of time in which the privilege of continuing as a student is conditioned upon meeting certain requirements. Any violation or failure to comply with restrictions while on probationary status could be escalated for further outcomes, including removal from CCCS. Additionally, students on probationary status typically will be required to meet with SSAO or other College personnel for follow up meetings. Probationary status may range from one semester up to duration of time at CCCS.
14. Suspension: Separation from a College for a specified minimum period of time, after which the student is eligible to petition the SSAO for permission to return. Eligibility for return may be contingent upon satisfaction of specific conditions. The student is required to vacate the campus immediately upon receipt of notification of a suspension. During the suspension period, the student is restricted from College property, functions, events, and activities without prior written approval from the SSAO. Additionally, students may be suspended from one class period per incident by the responsible faculty member or instructor without triggering this procedure. Any longer suspension must be referred to the SSAO.
15. Expulsion: Permanent separation from CCCS. The student is banned from CCCS College properties and the student’s presence at any CCCS-sponsored activity or event is prohibited. This action may be enforced with a trespass action as necessary.
16. No Trespass: The College may issue a “No Trespass” directive, also referred to as a persona non grata.
17. Other: Additional or alternate restrictions, conditions, or outcomes that promote reflection and holistic student development (e.g., creative expression, community restoration project) may be created and designed as deemed appropriate to the violation.