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 Life Honor Code is the college's response to students alleged to have violated campus rules and expectations. The policies and procedures in the Honor Code 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 Student Life Honor Code and through criminal or civil actions. This does not constitute double jeopardy.
Reasonable procedural safeguards are observed to protect the student from the arbitrary imposition of sanctions when the Student Life Honor Code is engaged. The administration of discipline offers procedural equity to the accused student. The judicial process, 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 hearing officer or the student judicial board. The Dean of Student Affairs has ultimate responsibility for the Student Life Honor Code and can exercise procedural discretion as circumstances warrant.
- 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 office, in collaboration with the Title IX Coordinator when appropriate, will decide whether or not a hearing is necessary.
- Notice of Charges - A Notice of Charges letter is sent to the individuals involved requesting they appear before a hearing officer or the judicial board. If the violator fails to appear, a hearing takes place without the alleged violator in accordance with campus policy, Failure to Appear and Finding Without Response (below). A Notice of Charges does not presume guilt.
- Hearing - During the hearing the student explains his or her side and defends his or her actions. Hearings may be conducted by a college hearing officer or the student judicial board.
- Findings - In cases where a hearing has taken place, the hearing body or officer 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 - The student may appeal the decision. See Appeals below.
- Student completes sanction.
Failure to Appear and Finding Without Response
Students are required to appear for campus disciplinary proceedings when requested to do so by a hearing officer or the student judicial board. The failure of any student to appear for a disciplinary proceeding shall be grounds for disciplinary action. If the accused student fails to appear for the hearing, or is unable to attend the hearing following the outcome of criminal proceedings, the hearing officer or board may proceed with reviewing the available evidence and make a determination.
Executive Action Pending a Hearing
The Dean of Student Affairs (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 /or hearing whenever in his/her 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 warrant such action.
The student may appeal any decision made in the event of significant procedural error, an unreasonable sanction, or new information that was not available at the initial investigation and hearing. A written letter outlining the incident and basis for the appeal must be filed within five (5) working days of the decision. Appeals should be submitted to the Dean of Student Affairs (or designee) whose decision is final. In cases of expulsion, the student has the right to appeal to the president of the college and the president's decision is final. At any stage of the appeals process, the person hearing the appeal may modify, increase, or decrease the sanctions.
Misconduct, and thus the College's response to misconduct, varies widely. Sanctions depend upon the severity of the misconduct, whether or not the action has taken place before, the attitude of the individual(s) involved, and the impact upon the College, and greater, community. Sanctions my 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. All community service hours and educational projects not completed by the assigned date may be converted to monetary fines and assessed at $15 per hour. Suspension and/or expulsion from the college must be approved through the Dean of Student Affairs.
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 board agrees that students who have violated the student code of conduct should be held accountable through established procedures. The goals of sanctions are to encourage positive behavior change and self-responsibility.Section three of the current 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.