Student Code of Conduct
Community College of Denver Code of Student Behavioral Expectations & Responsibilities
Effective August 23, 2021
CCD values involvement, integrity, lifelong learning and excellence. In the spirit of these values, we expect that students adhere to a Code of Student Behavioral Expectations & Responsibilities, which is reflective of the values of the College.
The Office of Student Conduct believes that student learning takes place outside the classroom as well as inside the classroom. Our goal is to use the conduct process as a tool for educating the student on personal conduct, ethical reasoning and community responsibility. We will treat each case individually and each student with respect. We will involve the entire community in a culture of conversation, where reporting is a natural byproduct of a sincere commitment to the safety, security and learning environment of the campus.
The Code of Behavioral Expectations & Responsibilities for the Community College of Denver coincides with The Colorado Community College System policy on Student Disciplinary Procedure. According to CCCS policy SP 4-30, students are expected to adhere to the Code and policies and procedures of the college.
AHEC - Refers to the Auraria Higher Education Center.
Alternative Conflict Resolution - A process of addressing differences that allow everyone involved to find a way to work together. Differences may be personal, financial, employment, political, emotional, or interpersonal. It is an alternative to a formal investigation of a reported violation. There are many types of alternative conflict resolutions that may be utilized through conflict that may arise.
Cheating - The act of using or attempting to use an examination or other academic work, material, information, or study aids that are not permitted by the instructor.
Code of Behavioral Expectations & Responsibilities - A document developed and published by each college in the Colorado Community College System, which defines the prescribed behavior of students. Also referred to as "The Code".
College - Refers to the Community College of Denver (CCD).
College Official- Includes any person employed by the College performing assigned administrative or professional responsibilities.
College or Campus Premises - Includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the Auraria Higher Education Center, including the adjacent streets and sidewalks, and also includes Extended Campus locations such as North Campus and Lowry Campus. This can include online classes as well.
College-Sponsored Activity - Includes, but is not limited to, music and theatre events, student activities, study abroad programs, and student trips funded by the Office of Student Life.
College Suspension or Expulsion - An involuntary separation of the student from the College for misconduct not based on academic performance for a specified period of time.
Suspension - A separation that shall not exceed three academic terms per suspension for any singular offense or situation. While a student is suspended, he or she is not eligible for admission or re-admission at any of the community colleges within CCCS. Additionally, if a student is suspended at any of the other Auraria Campus Institutions (i.e., Metropolitan State University of Denver or the University of Colorado Denver), he or she will not be eligible for admission or re-admission at the Community College of Denver (CCD). Once the suspension is lifted at any of the community colleges within CCCS, the student may be eligible for admission or re-admission.
Examples of suspension include, but are not limited to the following: the College, a department or program, a class, residence hall, use of a college facility or an activity.
Students may be suspended from one class period by the responsible faculty member or adjunct instructor. Longer suspensions can only be implemented by the CSSO or designee following this procedure.
Expulsion is an indefinite separation from the College. The student is not eligible for admission or re-admission at any of the community colleges within CCCS. Additionally, if a student is expelled at any of the other Auraria Campus Institutions (i.e., Metropolitan State University of Denver or the University of Colorado Denver), he or she will not be eligible for admission or re-admission at CCD.
In exceptional cases where a student wants to be considered for admission or re-admission after an expulsion has been implemented, the student bears the burden to prove the behavior that resulted in the expulsion has been resolved. It is within the College’s discretion to admit or deny the student.
Complainant - Is a person who is subject to alleged inappropriate or unlawful behavior. For purposes of this procedure, a complainant can be a CCCS employee, student, authorized volunteer, or visitor.
Conduct Officer or “Chief Student Services Officer” - That person designated by the College president to be responsible for the administration of the Student Code of Conduct.
Day - Refers to working/business day unless otherwise noted below.
Due Process - provides a student reported to be in violation of the Code, a written notice of the allegation of misconduct, time to examine evidence and formulate a response, and the opportunity to explain their version of events to the Senior Student Affairs Officer (SSAO).
Faculty Member, Instructor, or Adjunct Instructor - 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.
Impartial Decision Maker - Means the Vice President for Student Affairs or designee.
Interim Action - An immediate action taken by the CSSO to ensure the safety and well-being of members of the College community, preservation of College property, or if the student poses a definite threat of disruption or interference to others or the normal operations of the College. In the event of an interim action, the hearing before the CSSO or designee shall occur as soon as possible following the interim action. If the College issues a permanent sanction, the student shall be afforded appeal rights as discussed below. If the College does not implement a permanent sanction, the interim action will be removed from the student’s record.
Jurisdiction - College jurisdiction applies to student conduct that occurs on or off-campus, including while a student or organization is participating in College-sponsored activities, such as study abroad and student travel programs. The College may adjudicate off-campus conduct when the continued presence of the student is likely to interfere with the educational process or the orderly operation of the campus, is likely to endanger the health, safety, or welfare of the College community or the offense committed by the student is of such a serious nature as to adversely affect the student’s suitability as a member of the College community. The Student Code of Conduct shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending. In relevant cases, the student’s use of electronic media in violating a standard of conduct may be considered in the adjudication process regardless of where the electronic media originated.
Member of the College - Includes any person who is a student, faculty member, College official, or any other person employed by the College.
Notification - Is an email from the SSAO requesting a meeting. The email will be sent to the student's College issued email address and will outline the incident in question, the process and rights of the student.
Organization - Means any number of persons who have complied with the formal requirements for College recognition. Student organization requirements can be found in the Student Organization Handbook.
Other Disciplinary Sanction - Fines, restitution, denial of privileges, assignment to perform services for the benefit of the college or community; or other sanction that doesn’t result in the student being denied the right of attending classes.
Outcomes - Assigned and used to develop an educational or restorative experience for the individuals engaging with the conduct process. Outcomes may also be put in place to ensure the safety of an individual and/or the campus community.
Plagiarism - Includes, but is not limited to, the use by paraphrase or direct quotations 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 that may or may not be engaged in the selling of term papers or other academic materials.
Policy - Defined as the written regulations of the College as found in, but not limited to, the Student Code of Conduct, the Community College of Denver website, any Auraria Higher Education Center publications, Community College of Denver catalogs and class schedules, and State Board for Community Colleges and Occupational Education (SBCCOE) policies, and Colorado Community College System President’s Procedures.
Preponderance of Evidence - The standard of proof that shows more likely than not that a violation occurred, based on what a reasonable person would consider. This standard is utilized by the SSAO in the formal investigation process.
Probation - After a finding of a violation of the Code of Conduct, restriction of student’s privileges for a designated period of time, including the probability of more severe disciplinary sanctions if the student is found to be violating any College regulations during the probationary period.
Reasonable Cause - Credible information that, if true, supports the proposition that a violation of the Code has occurred, including information provided by an anonymous source.
Reporting Party - Individual(s) who report an incident of concern or possible Code violation. Reporting parties could be students, faculty, staff, law enforcement, or community members.
Respondent - Individual(s) against whom a report was filed.
Resolution Coordinator - College official who is authorized by the SSAO to coordinate conduct resolution. Also sometimes referred to as Conduct Officer.
Senior Student Affairs Officer (SSAO) - The individual designated by the College president to oversee student affairs and be responsible for administering the Code of Behavioral Expectations & Responsibilities. The SSAO may delegate some or all aspects of this procedure to another individual (designee/Resolution Coordinator). All references in these procedures to the SSAO include any designee.
Student - All persons taking courses at or sponsored by the College(s), both full-time and part-time, pursuing both undergraduate credit and non-credit courses, and those concurrently attending secondary or post-secondary institutions and colleges. Persons who are not officially enrolled for a specific term, but who have a continuing relationship with the College are considered students.
Third-Party - An individual or group that is external to the incident or situation that is not directly involved.
Title IX Coordinator(s) and Title VI and VII Coordinator(s) (EO Coordinator) - The employee(s) designated by the College president to oversee all civil rights complaints.
Warning - A Notice served upon the student advising him/her that he/she is violating or has violated College regulations.
This procedure applies to behaviors from students that take place on a CCD Campus, at CCD sponsored events, and may also apply to off-campus and online behavior when the Senior Student Affairs Officer (SSAO) or designee determines that the off-campus or online behavior affects a substantial CCD interest. A substantial CCD or College interest includes but is not limited to the following when the circumstances are such that there is a disruption of the CCD or College operations, a significant negative impact to the campus community, or a detriment to the educational interests of the System or College:
- Any action that constitutes a criminal offense as defined by federal or Colorado law. This includes, but is not limited to, single or repeats violations of any local, state or federal law committed in the municipality where the System or College is located.
- Any situation where it appears the individual may present a danger or threat to the health or safety of self or others; and/or
- Any situation that significantly impinges upon the rights, property, or achievements of self or others or significantly breaches the peace or causes social disorder.
Any online postings or other electronic communication by students, including cyber-bullying, cyber-stalking, cyber-harassment, etc., occurring completely outside of the System or College (e.g. not of System or College networks, websites, or between System or College email accounts) control will only be subject to this procedure when those online behaviors can be shown to cause substantial on-campus disruption. Otherwise, communications are considered speech protected by the First Amendment to the Constitution.
- Student Programming, Activities & Resource Center; as well as the Office of Student Conduct is appointed by the College to adjudicate any potential violations of the Code of Behavioral Expectations & Responsibilities
- The Resolution Coordinator may develop policies for the administration of the Student Conduct program and procedural rules for the conduct of hearings that are consistent with provisions of the Code of Behavioral Expectations & Responsibilities, including, but not limited to, the utilization of alternative dispute resolution methods, such as restorative justice and mediation.
- Decisions made by the Resolution Coordinator shall be final, pending the normal appeal process.
- The Resolution Coordinator may extend time limits for good cause demonstrated in writing.
- The Resolution Coordinator may contact the Student Conduct Officers from the Metropolitan State University of Denver, the Auraria Higher Education Center, the University of Colorado at Denver, Center for Health Sciences at Lowry on matters that involve students from any or all institutions.
The College considers the behavior described in the following subsections as inappropriate and in opposition to the values of the College community. These responsibilities apply to all students including continuing education. The College encourages and expects students, faculty, and staff to engage as active bystanders and report to College officials incidents that involve the following behaviors. Any student found to have violated or to have attempted to violate the following responsibilities may be subject to the conditions, restrictions, and outcomes outlined in SP 4-30a, Student Behavior Expectations, and Responsibilities Resolution Procedure.
Abuse of the Conduct Process:
Abuse or interference with the College processes, including conduct and academic integrity meetings:
- Falsification, distortion, or misrepresentation of information.
- Failure to provide, destroying, or concealing information during an investigation of an alleged Code violation.
- Attempting to discourage an individual's proper participation in, or use of, the campus conduct system.
- Inappropriately influencing any member of the campus community with a conduct authority prior to, during, and/or following a campus conduct proceeding.
- Influencing or attempting to influence another individual to commit an abuse of the campus conduct process.
Plagiarizing, cheating, or committing any other form of academic misconduct including but not limited to, unauthorized collaboration, falsification of information, and/or helping someone else violate reasonable standards for academic behavior. Students who engage in any type of academic dishonesty are subject to both academic consequences as determined by the instructor and to outcomes as set forth in the Student Behavioral Expectations & Responsibilities Resolution Process.
- Cheating: The act of using or attempting to use an examination or academic work, material, information, or study aids that are not permitted by the instructor. Cheating includes, but is not limited to
- Using books, notes, or calculators or copying from or conversing with others during examination (unless permitted by the instructor).
- Having someone else do research, write papers, or take examinations for someone else.
- Submitting work completed in one class to fulfill an assignment in another class without prior approval from the instructor(s).
- Stealing, distributing, selling, and buying tests or having someone take a test on someone else's behalf
- Fabrication: The invention of material or its source and its use as an authority in academic work. Fabrication includes but is not limited to:
- Inventing Data for a scientific experiment
- Investing the Title and author of a publication in order to use the invented publication as a source.
- Knowingly attributing material to an incorrect source.
- Plagiarism: The act of using someone else's work without giving proper credit to the original source. The work can be written, artistic, musical, language, symbols or media. Reusing one's own work without proper citations (or approval of the instructor) is also plagiarism.
Use, being under the influence, manufacturing, possession, cultivating, distribution, purchase, or sale of alcohol and/or drugs (illegal and/or dangerous or controlled substances) and/or alcohol/drug paraphernalia while on College-owned or College-controlled property, and/or at any function authorized or supervised by the College and/or in state-owned or leased vehicles.
NOTE: Although possession and use of marijuana consistent with the requirements of the Colorado Constitution is no longer a crime in the State of Colorado, the possession and use of marijuana remain illegal under federal law. Consistent with federal law, including the Controlled Substances Act and the Drug-Free Schools and Communities Act, the use and/or possession of marijuana continues to be prohibited while a student is on college-owned or college-controlled property, and/or any function authorized or supervised by the College and/or in state-owned or leased vehicles.
Animals are not permitted in CCD Buildings except as permitted by law or as specifically approved by the College. Please see SP -120b, regarding Accessibility Services for information related to service animals and emotional support animals.
Bullying includes repeated and/or severe aggressive or negative actions or behaviors intentionally or reasonably likely to intimidate, hurt, control, or diminish another person, physically, mentally, or emotionally. Bullying may include direct or indirect communications in verbal or nonverbal form and specifically includes bullying by electronic means (cyberbullying).
Damage and Destruction:
Reckless and/or unauthorized damage to, or destruction of, College property or the individual property of another, regardless of intention. Damage or destruction of community, public, or private property.
Engaging in deceitful acts, including, but not limited to: collusion, forgery, falsification, alteration, misrepresentation, non-disclosure, or misuse of documents, records, identification, and/or educational materials.
- Collusion: action with another or others to violate the Code.
- Falsification: Knowingly furnishing or possessing false, falsified, or forged materials, documents, accounts, records, identification, or financial instruments, including electronic forgery and/or manipulation.
Discrimination and Harassment:
Discrimination is any distinction, preference, advantage, or detriment given to a person based on one more actual or perceived protected class. Harassment is a form of discrimination that includes Quid Pro Quo and a Hostile Environment.
- Hostile Environment occurs when a person is subjected to verbal or physical conduct based on a protected class that is sufficiently severe, persistent or pervasive, and objectively offensive to alter the conditions of a person's employment or unreasonably interfere with a person's ability to participate in or benefit from CCD education programs or activities, from both a subjective and objective viewpoint.
- Quid Pro Quo is a type of sexual harassment that exists when an employee conditions the provision of an aid, benefit, or service on an individual's participation in unwelcome sexual conduct, such as unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature.
- Sexual Harassment, includes but is not limited to, dating violence, domestic violence, stalking, and sexual assault.
Engaging in behavior that negatively affects or impedes teaching or learning (regardless of the mode of delivery or class setting) or disrupts the general operation of the College.
Failure to Comply
- Failure to comply with or follow lawful directives of College employees acting within the scope of their duties, including those directives issued by a College administrator to ensure the safety and well-being of others.
- Failure to comply with or follow directives and/or sanctions imposed under the CCD policies and procedures.
- Failure to identify oneself to College officials, acting in their official capacity, when requested to do so.
Violation of federal, state, local, or campus fire policies including, but not limited to:
- Intentionally, recklessly, or negligently causing a fire that damages the College, individual property, or causes injury.
- Failure to evacuate a College-owned, operated, or controlled facility during a fire alarm.
- Improper use of College fire safety equipment.
- Tampering with or improperly engaging a fire alarm or detection/control equipment while on College property. Such action may result in a criminal action.
Gambling is prohibited by the laws of the State of Colorado. Gambling may include but is not limited to, raffles, lotteries, sports pools, and online betting activities. Participation in illegal gambling activities on College-owned or College-controlled property, and/or any function authorized or supervised by College, and/or in state-owned or leased vehicles.
Harm to Individuals
Intentionally or unintentionally causing physical harm, threatening to cause harm, endangering the health and/or safety of any individual, or demonstrating violent behavior.
- Violent behavior includes any act or threat of physical, verbal, or psychological aggression, or destruction or abuse of property of an individual
- A threat is defined as a direct or indirect, verbal or nonverbal conduct (including those made in person, by mail, over the telephone, by email, or by other means) intended to result or reasonably resulting in intimidation, harassment, fear or endangerment of the safety of another person or property.
Defined as an act that endangers the psychological, emotional, intellectual, and/or physical health and/or safety of a student, or that 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, team, or organization. Additionally, any act that places a student in a subservient role within an organization is considered hazing. Participation or consensual cooperation by the individual(s) being hazed does not excuse the violation. Failing to intervene to prevent, failing to discourage, and failing to report those acts may also violate this code.
Deliberately and publicly exposing one’s intimate body parts, public urination, defecation, and public sex acts.
Retaliatory acts include, but are not limited to intimidation, verbal or physical threats, harassment, coercion, or other adverse action(s) against a person who reports an incident of misconduct.
Causing, inciting, or participating in any disturbance that presents a clear and present danger to self or others, causes physical harm to others, or results in damage and/or destruction of property.
Obtaining, retaining or exercising control over property of another without authorization, or by threat or deception, with the purpose and/or effect of depriving the person(s) to whom the property belongs of its use or benefit.
Smoking and the use of tobacco and related products, including electronic smoking, were contrary to applicable laws or policies established by the College. This includes smoking inside buildings or in areas where smoking is posted as prohibited.
Unauthorized use, including misuse, of the College or organizational names and images without the express written consent of the institution or organization.
Unacceptable Use of College Equipment, Network or System
Unacceptable uses of any College-owned or operated equipment, network or system including, but not limited to: knowingly spreading computer viruses; reposting personal communications without the author’s consent; copying protected materials; using the network for financial or personal gain, commercial activity, or illegal activity; accessing the network using another individual’s account; unauthorized downloading/uploading software and/or digital video or music; downloading/uploading, viewing or displaying pornographic content, or any other attempt to compromise network integrity.
Unauthorized Access or Entry
Unauthorized access to any College facility, including misuse of keys, cards, restricted access areas, or unauthorized possession, duplication or use of other individual’s means of access to any College facility; failing to provide a timely report of a lost College identification card or key; misuse of access privileges to College premises or unauthorized entry to or use of facilities, including trespassing, propping, or unauthorized use of alarmed doors for entry into or exit from a College facility.
Violations of Laws, Directives, and Signage
Violating any municipal, county, state, or federal laws, or executive orders, or violating any public health orders in a manner that adversely impacts the health and well-being of the campus environment and those on campus.
Possession, use, or distribution of explosives (including fireworks and ammunition), guns (including air, BB, paintball, facsimile weapons, and pellet guns), or other weapons or dangerous objects, such as arrows, axes, machetes, nunchaku, throwing stars, or knives with a blade of longer than three (3) inches. This includes the unauthorized storage of any item that falls within the category of a weapon, including storage in a vehicle parked on College property, other than what is expressly permitted by law.
- Possession of an instrument designed to look like a firearm, explosive, or dangerous weapon is also prohibited by this policy.
- Intentionally or recklessly using and/or possessing a weapon or any other item in such a way that would intimidate, harass, injure, or otherwise interfere with the learning and working environment of the College shall face increased consequences.
- Students, faculty, and staff possessing valid Colorado Concealed Handgun Licenses are permitted to carry concealed on campus in accordance with state law and CCCS policy. For more details about certain restrictions, please consult with the campus/local police and/or the Housing and Residential Education Handbook, where applicable.
- For more information and compliance, see SP 19-10, Bullying/Violence/Firearms on Campus.
Violation of course, program, or activity rules
Violation of established rules as contained in courses, programs activities, regulations, or guidelines and established by departments, regulatory boards, or licensing bodies, including all Housing and Residential Education policies, as applicable.
Because email is an official method of communication for the College, students will be notified over email of potential violations of the Code of Behavioral Expectations & Responsibilities.
A. 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 a 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.
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:
- 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
- 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.
- 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.
B. Resolution Pathways
Alternative Conflict Resolution
The SSAO, in consultation with the involved parties, may determine that 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 an opportunity for an appeal.
At any time during the alternative conflict resolution process, the SSAO may elect to initiate a 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.
Where a 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:
- 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.
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 the alleged conduct occurred; whether and how the conduct violated the Code; and impose an outcome, if appropriate.
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.
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 the 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).
- 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.
- Building/Access Restriction: The student will be denied access to specific campus locations, from one to three semesters or one academic year.
- 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.
- 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:
- Ineligibility to hold any office in any student organization recognized by the College or maintain an elected or appointed office at the College.
- 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.
- 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.
- College Housing Reassignment: Reassignment to another College housing facility.
- 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.
- 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.
- College/Community Service Requirements: Completion of a specific supervised College/Community service.
- 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.
- 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.
- Warning: An official notice that misconduct has occurred and/or that future specific behavior could result in more severe restrictions, conditions, and outcomes.
- 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.
- 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. The student is restricted from College property, functions, events, and activities during the suspension period 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.
- 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.
- No Trespass: The College may issue a “No Trespass” directive, also referred to as a persona non grata
- 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.
A student found responsible for violating the Code through the formal investigation process has a right to appeal if suspension or expulsion are imposed.
If an outcome other than suspension or expulsion is imposed as a result of a formal investigation, a student may request in writing a discretionary appeal to the designated Appellate officer. A request for a discretionary appeal must be in writing and submitted to the Appellate officer within five (5) business days of the notice of the decision. The Appellate Officer must notify the student in writing of whether the appeal will be permitted and if permitted, the below appeal deadlines apply from the date of that decision.
All appeals must be made in accordance with the procedures outlined in this section.
- Important Information about Appeals:
- The appeal is the final step in the conduct process.
- An appeal does not provide a second meeting or review of the case. The appeal process will be based on the existing record and the appeal criteria.
- Situations may occur that shift the timeframe of the appeal process. Considerations will be given for extenuating circumstances, including but not limited to, College holidays, family crises, trauma, and medical/non-medical emergencies. Any extensions are made at the discretion of the SSAO.
- Students are encouraged to consult with the SSAO and external resources about the appeal process prior to submitting the request for an appeal.
- Appeals Criteria:
A student may only appeal upon one or more of the following grounds:
- A material procedural error occurred that significantly impacted the outcome of the factual findings, outcomes, or both (e.g., substantiated bias, conflict of interest, or material deviation from established procedures).
- There is new information, unavailable during the formal investigation that could substantially impact the decision or the outcome. The new information must be included with the student’s request for appeal and the student must show that the new information was not known to them at the time of the investigation. Failure to participate in the initial investigation does not constitute new information for the appeal process.
- Initial Review of Appeal:
Regardless of whether a case is appealed, all outcomes imposed will go into effect immediately unless they officially stay pending the appeal decision. Appeals must be filed in writing within ten (10) business days of the notice of the initial conduct decision or decision allowing the discretionary appeal. A student may file a written appeal by completing and submitting the College’s appeal form, if applicable, and sending it to the Appellate Officer. It is the student’s obligation to provide any and all materials for consideration at the time of appeal submission. Subsequent information and/or revisions to the appeal after initial submission will not be accepted. Upon receipt of an appeal, the Appellate Officer shall conduct an initial review to determine if the appeal meets the limited appeals criteria and is timely. The student will receive notification about the decision of the initial review of appeal within five (5) business days of receipt of the student’s appeal. If the appeal is found to meet these criteria, the Appellate Officer shall give written notice to other involved parties, if applicable, to allow the other parties an opportunity to provide a response to the appeal.
- Appeal Determination:
If it is determined an appeal meets the appeal criteria, the Appellate Officer will review the appeal. In reviewing the appeal, the Appellate Officer may only consider the information contained in the record of the case but may seek clarification of the decision rendered by the SSAO. Upon review of an appeal, the Appellate Officer shall have the authority to:
- Deny the appeal and affirm the initial decision and outcomes.
- Find that a material procedural error occurred (e.g., substantiated bias, material deviation from established procedures) that impacted the outcome and refer the case back to the SSAO or an alternate designee with instructions to reconvene the investigation and/or the Appellate Officer may otherwise correct the procedural error.
- Find that the student has presented new information that is material to the decision or outcome of the case. Upon this finding, the Appellate Officer shall conduct or request appropriate additional steps (such as requesting an additional investigation by the SSAO) and/or modify the decision and outcome accordingly.
The Appellate Officer will notify the student in writing of the decision, typically within ten (10) business days of completing the review.
During this appeal process, if the Appellate Officer requires additional time, they shall promptly notify the parties.
Other Important Things to Know About the Process
Student conduct records will be maintained in accordance with the Family Educational Rights and Privacy Act (FERPA) and SP 4-80a, Student Educational Records and Directory Information. Generally, student conduct records are sealed seven (7) years after a final decision is delivered in the resolution process, except as required by law. Student conduct records may be sealed earlier by the SSAO upon written request from the student. Conduct records that result in separation from the College (suspension or expulsion) and those that fall under Civil Rights, to include a Title IX investigation, will be maintained for seven (7) years.
Students who are suspended or expelled as a result of the conduct process will not receive a refund of any tuition, fees, or other charges, and will be responsible for any outstanding balances owed to the College. If applicable, students who are terminated from housing will be responsible for fulfilling their housing and dining contract fees.
It is a violation of this procedure to engage in retaliation, such as taking adverse employment or educational action, against any person who reports an incident of a Code violation or because of the person’s participation, or perceived participation, in any aspect of this procedure. Retaliation includes acts to intimidate, threaten, coerce, or discriminate against any individual for the purposes of interfering with any right or privilege provided by this procedure.
A student group or organization and its officers and membership may be held collectively and individually responsible when violations of this Code occur by the organization or its member(s), including the following conditions:
- Violation(s) take place at organization-sponsored or co-sponsored events, whether sponsorship is formal or implied.
- Violation(s) have received the consent or encouragement of the organization or of the organization’s leaders or officers.
- Violation(s) were known or should have been known to the membership or its officers.
Conduct meetings for student groups or organizations shall also follow the Student Behavioral Expectations and Responsibilities Resolution Procedure. In any such action, individual determinations as to responsibility will be made and restrictions, conditions, and outcomes may be assigned collectively and individually and will be proportionate to the involvement of each individual and the organization. Procedures will begin with communication to the President or leadership of said organization.
Assisting an individual by calling for help in an alcohol or drug-related emergency means neither the person who calls for help nor the person who needs help will be subject to formal investigation nor receive a formal conduct record for their behavior. Students seeking assistance under these provisions may be required to meet with the SSAO and to complete educational, counseling, or other requirements aimed at addressing health and safety concerns. The requirements will be informal or on a deferred basis. The student must fully comply with reporting to appropriate College officials for amnesty to be considered.
Revising this Process
CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.
- Any question of interpretation regarding the Code of Behavioral Expectations & Responsibilities shall be referred to the Director of Student Conduct, Associate Dean for SPARC, Vice President for Enrollment Administration & Student Success,or designee for final determination.
- The Code of Behavioral Expectations & Responsibilities shall be reviewed periodically (and as needed).