The College of Idaho has a duty to protect its educational purpose through the setting of standards of scholarship and conduct for students and through the regulation and use of College facilities. Disciplinary proceedings play a role in this process.
The student conduct procedures are the College's response to students alleged to have violated campus rules and expectations. These policies and procedures are intended to be a guide for use by reasonable people to infer appropriate behaviors within the campus community, not a criminal code. In instances when a student's actions may violate both campus rules and criminal laws, the student may be held accountable through both the College's student conduct procedures and through criminal or civil proceedings. This does not constitute double jeopardy.
The administration of discipline offers procedural equity to the accused student. The student conduct procedures, including the student's right to appeal a decision, are outlined in this policy. Students will be informed of the nature of the charges against them, and be given an opportunity to refute them. The College of Idaho is not arbitrary in its actions, and there is provision for the appeal of a decision.
Understanding the STudent conduct process
Through accepting membership in the educational community, the student assumes the responsibility to abide by and meet the academic performance standards and student conduct expectations. When a student's behavior appears to come into conflict with campus expectations or policy the student can expect to be confronted and referred to a campus conduct officer or the student judicial board.
- Complaint - Anyone can file a complaint using an Incident Report.
- Investigation - In the case of a filed Incident Report, investigations are conducted by the Campus Safety department. After investigation, the Dean of Students (or designee) will decide whether or not a hearing is necessary. (Note: The complainant and respondent have the right to have one person of their choice, excluding any material witnesses, accompany them throughout the entire process. This person cannot play an active role in the process and is present only as support.)
- Notice of Hearing - A Notice of Hearing letter is sent to the individuals involved requesting they appear before a conduct officer or the judicial board. If the respondent fails to appear, a hearing takes place without the respondent in accordance with campus policy regarding Failure to Appear and Finding Without Response (below).
- Hearing - During the hearing the student explains their actions. Hearings may be conducted by a College conduct officer or the student judicial board.
- Conclusion - In cases where a hearing has taken place, the conduct officer or judicial board makes a decision based upon preponderance of evidence (more likely than not) and a Notice of Findings letter is sent, indicating sanctions, if any.
- Appeals - See Appeals section below.
- Sanctions - See Sanctions section below.
Failure to Appear and conclusion Without Response
Students are required to appear for campus student conduct proceedings when requested to do so by an investigator, conduct officer or the student judicial board. The failure of any student to appear for a student conduct proceeding could be grounds for disciplinary action. If a student fails to appear for a conduct proceeding, or is unable to attend as a result of criminal proceedings, the conduct officer or judicial board may move forward with reviewing the available evidence and make a determination.
Interim Action Pending investigation
The Dean of Students or designee has the discretion to temporarily suspend a student from the College and/or from the residence halls or reassign a resident to another facility and restrict the student from specific facilities pending an investigation and conclusion whenever in the Dean's judgment the continued presence of a student constitutes a danger to the student or the safety of persons or property, or the seriousness of the allegations warrants such action.
The complainant or respondent may appeal any decision made in the event of:
- Significant procedural error,
- An unreasonable sanction, or
- New and relevant information that was not available at the time of the investigation.
A written letter outlining the basis for the appeal and including all relevant information in support of the appeal must be filed with the Dean of Students' office within five (5) working days of the decision. The Dean of Students or designee will review the written appeal and decide if there are reasonable grounds to move forward with the appeal process. If there are not sufficient grounds for appeal, the judicial board's or conduct officer's decision will stand and is final. If there are sufficient grounds for the appeal, the Dean of Students or designee will make a final decision. In either case, involved parties will be notified.
Misconduct, and thus the College's response to misconduct, varies widely. Sanctions depend upon the severity of the misconduct, previous conduct violations, the attitude of the individual(s) involved, and the impact upon the College and greater community. Sanctions may include, but are not limited to:
- Written warning
- Disciplinary fines
- Educational projects
- Community service
- Referral for substance abuse evaluation, education, and/or treatment
- Referral for personal counseling
- Restitution for damages
- Special restriction or loss of privilege
- Disciplinary probation
- Imposed room reassignment
- Suspension from residence halls
- Suspension from the College
- Expulsion from the College
- Referral to public law enforcement agencies
Students who fail to complete or fulfill assigned sanctions within the time allowed are subject to additional disciplinary actions including fines, increased sanctions, academic holds, notation on transcripts and/or in some cases, suspension from the College. Suspension and/or expulsion from the College must be approved through the Dean of Students.
Student Judicial Board
In keeping with the ASCI Code, The College of Idaho has established a Student Judicial Board. The Judicial Board strives to find truth in all matters presented and execute fair and rational judgment in the decisions derived in the proceedings.
The Judicial Board agrees that students who have violated the student handbook should be held accountable through established procedures. The goals of sanctions are to encourage positive behavior change and self-responsibility. ASCI Code stipulates that the Student Judicial Board shall be vested with the following powers:
- to hear all disciplinary cases referred to it by members of the Administration and members of faculty;
- to interpret the ASCI Constitution and to pass on the constitutionality of any legislation or executive action;
- to render advisory opinions upon request of the Senate or of the Executive officers;
- to have the power to recommend to the College administration all writs or punishments necessary and proper for the full exercise of its jurisdiction.
The Dean of Students has ultimate responsibility for student conduct procedures and can exercise procedural discretion as circumstances warrant.