STUDENT DEVELOPMENT

1. The term College means Kalamazoo College.

2. The term "student" includes all persons taking courses at the College, either full-time or part-time. Persons who withdraw after allegedly violating the Code, who are not officially enrolled for a particular term but who have a continuing relationship with the College or who have been notified of their acceptance for admission are considered "students." This Code does apply at all locations of the College, including the campus in Study Abroad countries, other states and LandSea. This Code also applies to students studying away from campus, domestically or abroad.

3. The term "faculty member" means any person hired by the College to conduct classroom or teaching activities or who is otherwise considered by the College to be a member of its faculty.

4. The term "College official" includes any person employed by the College, performing assigned administrative or professional responsibilities.

5. The term "member of the College community" includes any person who is a student, faculty member, College official or any other person employed by the College. A person's status in a particular situation shall be determined by the Dean of Students or her designee.

6. The term "College premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College (including adjacent streets and sidewalks).

7. The term "organization" means any number of persons who have complied with the formal requirements for College recognition/registration.

8. The term "charge" refers to a formal allegation of a violation of the Student Code of Conduct described in a letter sent to a student whose conduct is in question.

9.The term "Student Conduct Board" means any person or persons authorized by the Dean of Students to determine whether a student has violated the Code and to determine sanctions that may be imposed when a rules violation has been committed.

10. The term "Student Conduct Administrator" means a College official authorized on a case-by-case basis by the Dean of Students or her designee to impose sanctions upon any student(s) found to have violated the Code. The Dean of Students or designee may authorize a Student Conduct Administrator to serve simultaneously as a Student Conduct Administrator and the sole member or one of the members of the Student Conduct Board. The Dean of Students or her designee may authorize the same Student Conduct Administrator to impose sanctions in all cases. The Student Conduct Administrator is also a Hearing Officer.

11. The term "hearing" refers to the meeting to determine whether violations of the Student Code of Conduct have occurred. It may also be referred to as a "student conduct hearing."

12. The term "hearing officer" refers to persons authorized by the Dean of Students to conduct hearings and determine sanctions that may be imposed when a rules violation has been committed.

13. The term "witness" refers to those with first-hand, direct knowledge of an incident.

14. The term "Appellate Board" means any person or persons authorized by the Dean of Students or her designee authorized to consider an appeal from a Student Conduct Board or hearing officer's determination as to whether a student has violated the Code or from the sanctions imposed by the Student Conduct Board or hearing officer.

15. The term "shall" is used in the imperative sense.

16. The term "may" is used in the permissive sense.

17. The Dean of Students is that person designated by the College President to be responsible for the administration of the Student Code of Conduct.

18. The term "policy" means the written regulations of the College as found in, but not limited to, the Code, Residential Life Handbook, the College web page and computer use policy, undergraduate catalog, College approved externships and internships, and the Center for International Programs.

19. The term "cheating" includes, but is not limited to: (1) use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems; or carrying out other assignments; (3) the acquisition, without permission, of tests or other academic material belonging to a member of the College community; (4) engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.

20. The term "plagiarism" includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.

21. The term "consent" is defined as the act of freely, actively, and willingly agreeing to engage in sexual behavior. Silence or non-communication does not constitute consent, and a person in a state of diminished judgment cannot be considered to consent. Consent requires that a person be able to freely choose between two options: yes and no. A person is considered to be incapable of giving consent if she/he is asleep, unconscious, or otherwise unable to communicate. No one who has been threatened, coerced or drugged can be considered to consent. A person is usually considered to be unable to give consent when she/he is under the influence of alcohol and/or drugs, or is mentally handicapped. A current or prior sexual or dating relationship does not constitute consent. A person can withdraw consent at any time during the course of a sexual encounter.

22. The term "Complainant" means any person who submits a charge alleging that a student violated this Student Code of Conduct. When a student believes that s/he has been a victim of another student's misconduct, the student who believes s/he has been a victim will have the same rights under this Student Code as are provided to the Complainant, even if another member of the College community submitted the charge itself.

23. The term "Accused Student" means any student accused of violating this Student Code of Conduct.

 

ARTICLE II: STUDENT CODE AUTHORITY

1. The Student Conduct Administrator shall determine which Student Conduct Board, Hearing Officer and Appellate Board shall be authorized to hear each matter.

2. The Dean of Students or designee shall develop policies for the administration of the student conduct system and procedural rules for the conduct of Student Conduct Board Hearings that are not inconsistent with provisions of the Student Code of Conduct.

3. Decisions made by a Student Conduct Board and/or hearing officer shall be final, pending the normal appeal process.

 

ARTICLE Ill: PROSCRIBED CONDUCT

A. Jurisdiction of the College Student Code of Conduct

The College's Student Code of Conduct shall apply to conduct that occurs on College premises, at College sponsored activities, and to off-campus conduct that adversely affects the College community and/or the pursuit of its objectives. 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 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 (and even if their conduct is not discovered until after a degree is awarded). The Code shall apply to a student's conduct even if the student withdraws from school while a disciplinary matter is pending. The Dean of Students or designee shall decide whether the Code shall be applied to conduct occurring off campus, on a case by case basis.

B. Conduct-Rules and Regulations

Any student found to have committed or to have attempted to commit the following misconduct is subject to the disciplinary sanctions outlined in Article IV.

1. Acts of dishonesty, including but not limited to the following:

a. Cheating, plagiarism, or other forms of academic dishonesty.

b. Furnishing false information to any College official, faculty member, or office.

c. Forgery, alteration, or misuse of any College document, record, or instrument of identification.

2. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other College activities, including its public service functions on or off campus, or of other authorized non-College activities when the conduct occurs on College premises.

3. Physical abuse, verbal abuse, threats, intimidation, harassment, coercion, and/or other conduct which threatens or endangers the health or safety of any person.

4. Sexual contact without consent. Please refer to http://www.kzoo.edu/studev/stuconduct/sexmisconduct.htm for more information.

5. Sexual and other harassment as defined at www.kzoo.edu:2001/hr/PostingsPolActive/HarPol14Dec06.pdf.

6. Attempted or actual theft of and/or damage to property of the College or property of a member of the College community or other personal or public property, on or off campus.

7. Hazing, defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this rule.

8. Failure to comply with directions of College officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.

9. Unauthorized possession, duplication or use of keys to any College premises or unauthorized entry to or use of College premises.

10. Violation of any College policy, rule, or regulation published in hard copy or available electronically on the College website.

11. Violation of any federal, state or local law.

12. Misuse of any prescription drug. Use, possession, manufacturing, or distribution of marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by law. Drug paraphernalia is prohibited in all areas on campus. This includes the possession, use or sale of drug paraphernalia including but not limited to pipes, bongs, and any other item used for the manufacture, distribution, sale or use of illegal drugs.

13. Use, possession, manufacturing, or distribution of alcoholic beverages (except as expressly permitted by College regulations), or public intoxication. Alcoholic beverages may not, in any circumstance, be used by, possessed by or distributed to any person under twenty-one (21) years of age.

14. Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on College premises or use of any such item, even if legally possessed, in a manner that harms, threatens or causes fear to others.

15. Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of the College and/or infringes on the rights of other members of the College community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.

16. Obstruction of the free flow of pedestrian or vehicular traffic on College premises or at College sponsored or supervised functions.

17. Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on College premises or at functions sponsored by, or participated in by, the College or members of the academic community. Disorderly conduct includes but is not limited to: Any unauthorized use of electronic or other devices to make an audio or video record of any person while on College premises without his/her prior knowledge, or without his/her effective consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom.

18. Theft or other abuse of computer facilities and resources, including but not limited to:

a. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.

b. Unauthorized transfer of a file.

c. Use of another individual's identification and/or password.

d. Use of computing facilities and resources to interfere with the work of another student, faculty member or College official.

e. Use of computing facilities and resources to send obscene or abusive messages.

f. Use of computing facilities and resources to interfere with normal operation of the College computing system.

g. Use of computing facilities and resources in violation of copyright laws.

h. Any violation of the College Computer Use Policies listed at http://www.kzoo.edu/is/sysnet/policylist.shtml.

19. Abuse of the Student Conduct System, including but not limited to:

a. Failure to obey the notice from a Student Conduct Board or College official to appear for a meeting or hearing as part of the Student Conduct System.

b. Falsification, distortion, or misrepresentation of information before a Student Conduct Board.

c. Disruption or interference with the orderly conduct of a Student Conduct Board proceeding.

d. Institution of a student conduct code proceeding in bad faith.

e. Attempting to discourage an individual's proper participating in, or use of, the student conduct system.

f. Attempting to influence the impartiality of a member of a Student Conduct Board prior to, and/or during the course of, the Student Conduct Board proceeding.

g. Harassment (verbal or physical) and/or intimidation of a member of a Student Conduct Board prior to, during, and/or after a student conduct code proceeding.

h. Failure to comply with the sanction(s) imposed under the Student Code of Conduct.

i. Influencing or attempting to influence another person to commit an abuse of the student conduct code system.

20. Students are required to engage in responsible social conduct that reflects credit upon the College community and to model good citizenship in any community. Policies outlined in the Kalamazoo College Study Abroad Handbook at
www.kzoo.edu/cip/SAhandbook07-08.pdf also pertain.

C. Violation of Law and College Discipline

1. College disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code of Conduct (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Dean of Students or her designee. Determinations made or sanctions imposed under this Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of College rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.

2. When a student is charged by federal, state, or local authorities with a violation of law, the College will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also being processed under the Code, the College may advise off-campus authorities of the existence of the Student Code of Conduct and of how such matters are typically handled within the College community. The College will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the College community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

ARTICLE IV: STUDENT CONDUCT HEARING PROCEDURES

A. Charges and Student Conduct Board Hearings

1. Any member of the College community may file charges against a student for violations of the Student Code of Conduct. A complaint or allegation shall be prepared in writing and directed to the Student Conduct Administrator. Any complaint or allegation should be submitted as soon as possible after the event takes place.

2. The Student Conduct Administrator may conduct an investigation to determine if the allegations have merit and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the Student Conduct Administrator. Such disposition shall be final and there shall be no subsequent proceedings. If the allegations are not admitted and/or cannot be disposed of by mutual consent, the Student Conduct Administrator may later serve in the same matter as a hearing officer. If the student admits violating institutional rules, but sanctions are not agreed to, subsequent process, including a hearing if necessary, shall be limited to determining the appropriate sanction(s).

3. All charges shall be presented to the Accused Student in written form. A time shall be set for a Student Conduct Hearing, not less than five nor more than fifteen calendar days after the student has been notified. Maximum time limits for scheduling of Student Conduct Board Hearings may be extended at the discretion of the Student Conduct Administrator. Except in extraordinary circumstances, only cases that could reasonably result in a sanction of Suspension or Expulsion will be heard by the Student Conduct Board. All other cases will be resolved through an administrative hearing conducted in accord with the guidelines outlined below.

4. Student Conduct Board Hearings shall be conducted by a Student Conduct Board according to the following guidelines except as provided by article IV (A) (7) below:

a. Student Conduct Board Hearings normally shall be conducted in private.

b. The Complainant, Accused Student and their advisors, if any, shall be allowed to attend the entire portion of the Student Conduct Board Hearing at which information is received (excluding deliberations). Admission of any other person to the Student Conduct Board Hearing shall be at the discretion of the Student Conduct Board and/or its Student Conduct Administrator.

c. In Student Conduct Board Hearings involving more than one Accused Student, the Student Conduct Administrator, in his or her discretion, may permit the Student Conduct Board Hearings concerning each student to be conducted either separately or jointly.

d. The Complainant and the Accused Student have the right to be assisted by an advisor they choose. The advisor must be a member of the College community and may not be an attorney. The Complainant and/or the Accused Student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in any Student Conduct Board Hearing before a Student Conduct Board. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Student Conduct Board Hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor.

e. The Complainant, the Accused Student and the Student Conduct Board may arrange for witnesses to present pertinent information to the Student Conduct Board. The College will try to arrange the attendance of possible witnesses who are members of the College community, if reasonably possible, and who are identified by the Complainant and/or Accused Student at least two weekdays prior to the Student Conduct Board Hearing. Material witnesses will provide information to and answer questions from the Student Conduct Board. Questions may be suggested by the Accused Student and/or Complainant to be answered by each other or by other witnesses. This will be conducted by the Student Conduct Board with such questions directed to the chairperson, rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved at the discretion of the chairperson of the Student Conduct Board in consultation with the Student Conduct Administrator.

f. Pertinent records, exhibits, and written statements (including Student Impact Statements) may be accepted as information for consideration by a Student Conduct Board at the discretion of the chairperson with the advice of the Student Conduct Administrator.

g. All procedural questions are subject to the final decision of the chairperson of the Student Conduct Board, with the advice of the Student Conduct Administrator.

h. After the portion of the Student Conduct Board Hearing concludes in which all pertinent information has been received, the Student Conduct Board shall determine (by majority vote if the Student Conduct Board consists of more than one person) whether the Accused Student has violated the Student Code.

i. The Student Conduct Board's determination shall be made on the basis of whether it is more likely than not that the Accused Student violated the Code.

j. Formal rules of process, procedure, and/or technical rules of evidence such as are applied in criminal or civil court, are not used in Code of Conduct proceedings.

k. Students facing charges are afforded the following as part of the Conduct process at Kalamazoo College: a hearing, written notification of charges and their basis, the opportunity to present information about the alleged incident(s), advisement by a member of the College community, the opportunity to challenge witness statements, the opportunity to call forth material witnesses, confidentiality in accordance with the Family Educational Rights and Privacy Act, to be considered not responsible for charges until proven so, the opportunity to appeal a decision on specific grounds.

5. There shall be a single record, such as a written summary or tape recording, of all Student Conduct Hearings before a Student Conduct Board (not including deliberations). Deliberations shall not be recorded. The record shall be the property of the College.

6. If an Accused Student, with notice, does not appear for a Student Conduct Hearing, the information in support of the charges shall be presented and considered even if the Accused Student is not present.

7. The Student Conduct Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Accused Student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of the Dean of Students or designee to be appropriate.

B. Sanctions

1. The following sanctions may be imposed upon any student found to have violated the Student Code of Conduct:

a. Warning - A notice in writing to the student that the student is violating or has violated institutional regulations.

b. Probation - A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period.

c. Loss of Privileges - Denial of specified privileges for a designated period of time.

d. Restitution - Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.

e. Discretionary Sanctions - Work assignments, essays, service to the College, or other related discretionary assignments.

f. Residence Hall Suspension - Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.

g. Residence Hall Expulsion - Permanent separation of the student from the residence halls.

h. College Suspension - Separation of the student from the College for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.

i. College Expulsion - Permanent separation of the student from the College.

j. Revocation of Admission - Admission to the College may be revoked for fraud, misrepresentation, or other violation of College or for other serious violations committed by a student prior to matriculation.

k. Withholding Degree - The College may withhold awarding a degree otherwise earned until the completion of the process set forth in this Code of Conduct, including the completion of all sanctions imposed, if any.

l. Revocation of Degree - A degree awarded from the College may be revoked for fraud, misrepresentation, or other violation of College standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.

2. More than one of the sanctions listed above may be imposed for any single violation.

3. Other than College expulsion or revocation or withholding of a degree, disciplinary sanctions shall not be made part of the student's permanent academic record, but shall become part of the student's disciplinary record. Upon graduation, the student's disciplinary record may be expunged of disciplinary actions other than residence hall expulsion, College suspension, College expulsion, or revocation or withholding of a degree, upon application to the Student Conduct Administrator. Cases involving the imposition of sanctions other than residence hall expulsion, College suspension, College expulsion or revocation or withholding of a degree shall be expunged from the student's confidential record seven years after final disposition of the case.

4. The following sanctions may be imposed upon groups or organizations:

a. Those sanctions listed above in Article IV (B) (I) (a)-(e).

b. Loss of selected rights and privileges for a specified period of time.

c. Deactivation. Loss of all privileges, including College recognition, for a specified period of time.

5. Decisions made by the Student Conduct Board or a Hearing Officer are final pending the normal appeal process. Following a student conduct Hearing, the Student Conduct Board and the Student Conduct Administrator or Hearing Officer shall advise the Accused Student, group and/or organization in writing of its determination and of the sanction(s) imposed, if any. In the case of violations involving violence, including sexual misconduct, the complaining student will also be notified of the outcome of the Hearing.

C. Interim Suspension

In certain circumstances, the Dean of Students, or a designee, may impose a College or residence hall suspension prior to the Student Conduct Hearing.

1. Interim suspension may be imposed at the discretion of the Dean of Students: a) to ensure the safety and well-being of members of the College community or preservation of College property; b) to ensure the student's own physical or emotional safety and well-being; or c) if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the College.

2. During the interim suspension, a student shall be denied access to the residence halls and/or to the campus (including classes) and/or all other College activities or privileges for which the student might otherwise be eligible, as the Dean of Students, designee, or Conduct Administrator may determine to be appropriate.

3. The interim suspension does not replace the regular process, which shall proceed on the normal schedule, up to and through a Student Conduct Hearing, if required.

D. Appeals

1. A decision reached by the Student Conduct Board or a sanction imposed by the Student Conduct Administrator may be appealed by the Accused Student(s) or Complainant(s) to an Appellate Board within five (5) academic days (class days, exam days, and "reading" days) of the decision. Such appeals shall be in writing and shall be delivered to the Student Conduct Administrator or his or her designee.

2. Except as required to explain the basis of new information, an appeal shall be limited to a review of the record of the Student Conduct Hearing and supporting documents for one or more of the following purposes:

a. To determine whether the Student Conduct Hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the Code was violated, and giving the Accused Student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.

b. To determine whether the decision reached regarding the Accused Student was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Code occurred. In other words, substantial information is that which a reasonable mind might accept as adequate to reach a conclusion.

c. To determine whether the sanction(s) imposed were appropriate for the violation of the Code which the student was found to have committed.

d. To consider new information, sufficient to alter a decision or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original Student Conduct Hearing.

3. The Appellate Board will determine whether an appeal meets the conditions for appeal set forth above. If the conditions are met, the Board will entertain the appeal. If the conditions are not met, the Board will not address the appeal. No verbal information or testimony is given to the Appellate Board unless requested by the Board itself, and is limited to cases involving new information.

4. If an appeal is upheld, the Appellate Board has the authority to uphold or modify the decision of a Student Conduct Board, including increasing or decreasing the original sanction(s), or to refer the matter back to the original Student Conduct Board and Student Conduct Administrator for re-opening of a Student Conduct Hearing to allow reconsideration of the original determination and/or sanction(s). If an appeal is not upheld, the matter shall be considered final and binding upon all involved.

ARTICLE V: INTERPRETATION AND REVISION

A. Any question of interpretation or application of the Student Code of Conduct shall be referred to the Dean of Students or his or her designee for final determination.

B. The Student Code of Conduct shall be reviewed periodically under the direction of the Student Conduct Administrator.

This code of student conduct is essentially an adaptation, with slight variations, of: Edward N. Stoner II and John Wesley Lowery, "Navigating Past the 'Spirit of Insubordination': A Twenty-First Century Model Student Conduct Code with a Model Hearing Script," Journal of College and University Law, Vol. 31, No. 1 (2004) 1-77.