STUDENTS RIGHTS AND RESPONSIBILITIES

Code of Conduct

Casper College is dedicated to providing an academic environment that supports learning and the development of responsible personal and social conduct. Students are expected to treat others with civility, dignity, and respect and abide by all federal, state, and local laws, and college policies, rules, and regulations both on and off campus. Casper College reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community. The Student Code of Conduct is a means to communicate the goals of the college and maintain a healthy campus environment.
In addition to policies listed in the Casper College Policy Manual, Student Handbook, and all school, department, or program requirements, the Student Code of Conduct outlines student rights, responsibilities, and prohibited behaviors. This is not an exhaustive list but a general guideline. Students residing in campus housing are subject to the conduct standards described in the Residence Hall and Wheeler Terrace Terms and Conditions for Occupancy, Apartment Lease Agreement, or other campus housing materials. Students participating in campus activities and college sports are subject to conduct standards set by the campus team/activity and regulations set by conference, regional, and national organizations responsible for the sanctioning of the sport or activity. Students are responsible for becoming familiar with all conduct policies, rules, and regulations specified in official college publications.
The college may discipline students who violate standards. Students have a right to due process to ensure sanctions are appropriate for the code violations, educational, corrective, and serve as a deterrent. Only the president can expel a student for code violations. Removal from college housing for conduct that endangered or has the potential to endanger the life or safety of any person, including the student, or resulted or may result in property damage is a reasonable safety response and not a disciplinary sanction for the purpose of this code.

Student Rights

Students have certain rights as long as they abide by all college policies and federal, state, and local laws. As a Casper College student, you have a reasonable expectation to the following rights.

1. Freedom to pursue your educational goals. The college will provide appropriate learning opportunities through its curricula.
2. Due process, unless specifically stated in a policy.
3. Freedom to express ideas and thoughts, inquire, and assemble provided your actions do not interfere with the rights of others or the effective operation of the college. The college retains the right to be informed about the scheduling of events to ensure events are orderly and conducted appropriately for an academic community.
4. Freedom from discrimination based upon race, color, national origin, age, sex, disability, sexual orientation, gender identity, or any other characteristic protected under applicable federal, state, or local law.
5. Privacy of personal information. Student educational records are only released when there is a legitimate need or permission is granted. Student educational records include but are not limited to, a) academic transcripts and grade records, b) disciplinary proceedings transcripts, c) medical condition and treatment records, d) financial aid data, and e) attendance records.
6. Academic professionalism and standards include:

1. Accurate information on course requirements through a written syllabus.
2. Protection against arbitrary or capricious evaluation.
3. Experience free and open discussion, inquiry, and expression in the classroom and student/instructor conferences that are respectful, rational, and germane to the issue at hand.
4. Experience competent instruction and academic advising.
5. Freedom to disagree, in a scholarly manner, with the data or views presented and reserve judgment on matters of opinion.
6. Protection against an instructor’s unprofessional disclosure of your views, beliefs, and political associations that may surface as a result of the instructor’s teaching or advising. However, instructors have the right to contact college or off-campus officials if a student discloses information that indicates the student or others are in danger or engaging in or intend to engage in illegal activity.
7. Protection from sexual misconduct.

Student Code of Conduct 

This Student Code of Conduct is adapted, in part, from the NCHERM Group Model Developmental Code of Student Conduct and is used with permission. (See www.tngconsulting.org.)

Mission, Vision, and Philosophy

The college community is committed to fostering an environment conducive to academic inquiry, a productive college life, and thoughtful study and discourse. Student conduct falls under the responsibility of the Student Services Office, which is committed to an educational and developmental process that balances the interests of individual students with the interests of the college community.

A community exists based on shared values. Casper College students are expected to uphold and abide by the Student Code of Conduct. These standards are embodied within a set of core values that include integrity, social justice, respect, community, and responsibility. College community members bear responsibility for their conduct and assume reasonable responsibility for the conduct of others. The college uses campus conduct proceedings to assert and uphold the Student Code of Conduct when college community members fail to exemplify the five core values by engaging in violation of the codes.

The student conduct process exists to protect the interests of the community and to challenge those whose conduct is not in accordance with our policies; it is not intended to punish students. Sanctions are intended to challenge students’ moral and ethical decision-making and to help them bring their conduct in accordance with community expectations. When a student is unable to conform his or her conduct to community expectations, it may be determined through the student conduct process that the student should no longer share in the privilege of participating in the community.

The student conduct process is different from criminal and civil court proceedings. The student conduct process is conducted with fairness to all but does not include the same protections of due process afforded by the courts. Due process, as defined within these procedures, assures written notice and adherence to an objective process. No student will be found in violation of college policy without information showing that it is more likely than not that a policy violation occurred and sanctions will be proportionate to the severity of the violation and the student’s cumulative conduct history.

 Jurisdiction

The college annually provides students with a link to the Student Code of Conduct on the college website. Students are responsible for reading and abiding by the Student Code of Conduct.

The Student Code of Conduct and the student conduct process apply to individual students and college-affiliated student organizations. For student conduct, the term “student” refers to any person who has accepted an offer of admission or is registered in a Casper College program.

The college retains conduct jurisdiction over students who take a leave of absence, withdraw, or graduate if misconduct occurred before the leave, withdrawal, or graduation. The college alos retains conduct jurisdiction over students during break periods (ex. winter break and summer break), and for one full semester (fall or Spring) following a student’s last semester of enrollment. If a student has an unresolved conduct matter, the college may place a hold on a student’s ability to re-enroll or graduate until the matter is resolved. The student must satisfy all sanctions before re-enrollment eligibility. The college may notate suspension or expulsion on transcripts for serious misconduct committed while enrolled but reported after the responding student has graduated. The college may also notate on transcripts that a student has an unresolved conduct manner.

The Student Code of Conduct applies to behaviors that take place on the campus and at college-sponsored events and may apply off-campus when the DOS determines that the off-campus conduct affects the college community. Determining factors may include the following.

• It appears that the student’s conduct may present a danger or threat to the health or safety of self or others

• The situation significantly impinges on the rights, property, or achievements of self or others

• The situation significantly breaches the peace or causes social disorder

• The situation is detrimental to the educational mission or interests of the college

The Student Code of Conduct may be applied to conduct online, via email, or other electronic media. Online postings such as blogs, web postings, chats, and social networking sites are considered public. These postings can subject a student to allegations of conduct violations if students or someone else obtains evidence of policy violations. The college does not regularly search online sites for code violations but may if someone brings concerns to the attention of college administrators. Most online speech not conducted on the college’s networks or using college technology will be protected as free expression and not subject to this code, with two exceptions:

• A true threat is a threat a reasonable person would interpret as a serious expression of intent to inflict bodily harm upon specific individuals

• Speech posted online about the college or its community members that causes a significant campus disruption

The college may hold students accountable for conduct violations of their guests. The college may apply the code to people who reside in student housing who are not registered students. Visitors and guests of the college may seek a resolution of code violations committed against them by college community members.

There is no time limit on reporting code violations; however, it becomes more difficult over time for the college to obtain information and witness statements and to make determinations on alleged violations. Anyone aware of misconduct is encouraged to report it as soon as possible to the DOS, Campus Security, or the Casper College Care Team at www.caspercollege.edu/care-team

The college permits anonymous complaints; however, reporting anonymously may limit the college’s ability to investigate and respond to a complaint.

College email is the college’s primary communication method with students. Students are responsible for communications delivered to their college email address.

Violations of the Law

The college may investigate and address alleged violations of federal, state, and local laws under the Student Code of Conduct. When an offense occurs over which the college has jurisdiction, the college’s conduct process will usually go forward notwithstanding any criminal complaint that may arise from the same incident.

The college reserves the right to exercise its interim suspension authority once it is notified that a student is facing a criminal investigation or complaint. (See the Student Conduct Authority section for additional grounds for interim suspension.) Interim suspensions are imposed until a hearing can be held, typically within two weeks. An interim-suspended student may request an immediate conference with the DOS to show cause as to why the DOS should lift the interim suspension. This conference may be held to resolve the allegation or to determine if the interim suspension should continue. The interim suspension may be upheld if there is a danger to the community or when the ongoing criminal process delays or prevents the college from conducting its investigation and resolving the allegation. In such cases, the college will delay its hearing until it can conduct an internal investigation or obtain sufficient information, independently or from law enforcement, upon which to proceed. This delay will be no longer than two weeks from notice of the incident unless the reporting party submits a written request for a longer delay to allow the criminal investigation to proceed before the college process.

Students accused of crimes may request to take a leave from the college until the criminal charges are resolved. The following conditions still apply.

• The responding student must comply with college investigative efforts that will not prejudice their defense in the criminal trial.

• The responding student must comply with interim actions and restrictions imposed during the leave of absence.

• The responding student agrees that to be reinstated to active student status, he or she must be subject to and fully cooperate with the college conduct process and comply with all imposed sanctions.

Core Values and Behavioral Expectations

The college considers the behaviors listed under the core values as inappropriate for the college community and in opposition to the core values outlined in the Student Handbook. These expectations and codes apply to all students. The college encourages community members to report incidents that involve the following actions to college officials. Students found to have committed or attempted to commit the following misconduct is subject to the sanctions outlined in Conduct Procedures.

Core Value: Integrity

College students exemplify honesty, honor, and respect for the truth in all of their dealings. Behavior that violates this value includes but is not limited to the following.

1. Falsification. Knowingly furnishing or possessing false, falsified, or forged materials, documents, accounts, records, identification, or financial instruments.

2. Academic Dishonesty. Academic dishonesty includes but is not limited to cheating; plagiarism; buying, selling, or stealing exams; substituting for another person; collusion when collaboration is not approved; knowingly furnishing false information; and copyright violations. All of the following examples are considered plagiarism: 

• Turning in someone else’s work as your own
• Copying words or ideas from someone else (or another source) without giving credit
• Failing to put a quotation in quotation marks
• Giving incorrect information about the source of a quotation or not accurately presenting quoted material
• Changing words but copying the sentence structure of a source without giving credit
• Copying so many words or ideas from a source that it makes up the majority of your work, whether you give credit or not
• Unacknowledged use of materials prepared by another person or agency engaged in the selling of papers or other academic materials or materials found on the internet
• Using artificial intelligence (AI) to produce content for any assignment, unless the instructor explicitly permits such usage.

3. Unauthorized Access. Unauthorized access to college buildings or unauthorized possession, duplication, or use of means of access (i.e. keys, cards, etc.) to college buildings, or failing to timely report the loss of a college identification card or key.

4. Unauthorized Electronic Access. Unauthorized access to electronic systems. Examples include (but are not limited to): viewing, downloading, or sharing confidential electronic records, accessing an electronic system or database without permission, using access to an electronic system or database in a way other than authorized, sharing electronic system or database log-in credentials with another party, or using another person’s log-in credentials to access any electronic system or database.

5. Collusion. Action or inaction with others to violate the Student Code of Conduct.

6. Deceit. Concealing or misrepresenting the truth within the college community.

7. Election Tampering. Tampering with the election of a college-recognized student organization.

8. Taking of Property. Intentional and unauthorized taking of college property or the personal property of another, including goods, services, and other valuables.

9. Stolen Property. Knowingly taking or maintaining possession of stolen property.

Core Value: Community

College students build and enhance their community. Behavior that violates this value includes but is not limited to the following.

1. Disruptive Behavior. Substantial disruption of college operations including obstruction of teaching, research, administration, other college activities, or other authorized non-college activities that occur on campus.

2. Rioting. Causing, inciting, or participating in any disturbance that presents a clear and present danger to self or others or causes physical harm to others or damage or destruction of property.

3. Disorderly Conduct. Engaging in behavior that is considered to be disorderly, lewd, or indecent by a reasonable person, or breaching the peace.

4 Unauthorized Entry. Misuse of access privileges to college premises or unauthorized entry to or use of buildings, including trespassing or propping or unauthorized use of alarmed doors for entry into or exit from a college building.

5. Trademark Violation. Unauthorized use (including misuse) of college or organizational names and images.

6. Damage and Destruction. Intentional, reckless, or unauthorized damage to or destruction of college property or the personal property of another.

7. IT and Acceptable Use. Violating the Acceptable Use Guidelines for Casper College Computing Resources.

8. Gambling.Violating Wyoming gambling laws. Gambling may include raffles, lotteries, sports pools, and online betting activities without prior approval.

9. Weapons. Possession, use, or distribution of explosives (including fireworks and ammunition), guns (including air, BB, paintball, facsimile weapons, 3-dimensional and pellet guns), or other weapons or dangerous objects such as arrows, axes, machetes, nunchucks, throwing stars, or knives with a blade longer than 3 inches, including the storage of any item that falls within the category of a weapon in a vehicle parked on college property.

10. Tobacco or Vaping. Violating the college’s Smoking Policy. Smoking/vaping or tobacco use is only allowed in designated areas. See the Smoking policy.

11. Fire Safety. Violation of local, state, federal, or college fire policies including the following.

a. Intentionally or recklessly causing a fire, which damages college or personal property or causes injury.

b. Failure to evacuate a college-controlled building during a fire alarm, regardless of whether the alarm is a planned drill.

c. Improper use of college fire safety equipment.

d. Tampering with or improperly engaging a fire alarm or fire detection/control equipment while on college property. Such action may result in a local fine in addition to college sanctions.

12. Animals. Violating the college’s Animals on Campus Policy. See the Animals on Campus Policy for information on when and under what conditions animals are allowed on campus.

13. Wheeled Devices. Skateboards, roller blades, roller skates, bicycles, and similar wheeled devices are not permitted to be used inside college buildings, residence halls, or on tennis courts. Additionally, skateboards and other wheeled items may not be ridden on railings, curbs, benches, or any such fixtures that may be damaged by these activities and individuals may be liable for damage to college property caused by these activities.

Core Value: Social Justice

Students recognize that respecting the dignity of every person is essential to creating and sustaining a flourishing college community. They understand and appreciate how their decisions and actions impact others and are just and equitable in their treatment of all community members. They act to discourage and challenge those whose actions may be harmful to or diminish the worth of others. Conduct that violates this value includes but is not limited to the following.

1. Discrimination. Any act or failure to act that is based upon an individual or group’s actual or perceived status (race, sex, color, national origin, religion, age, veteran status, political affiliation, disability, sexual orientation, gender identity, or any other characteristic protected under applicable federal, state, or local law) that is sufficiently severe that it limits or denies the ability to participate in or benefit from the college’s educational program or activities. (see Sexual Misconduct and Discrimination)

2. Harassment. Any unwelcome conduct based on actual or perceived status including race, sex, color, national origin, religion, age, veteran status, political affiliation, disability, sexual orientation, gender identity, or any other characteristic protected under applicable federal, state, or local law. Report any unwelcome conduct to a college administrator, who will act to remedy and resolve reported incidents on behalf of the victim and community.

3. Retaliation. Intentional, adverse action taken by a responding individual or allied third party, absent legitimate nondiscriminatory purposes, against a participant or supporter of a participant in a civil rights grievance proceeding or other protected activity.

4. Bystanding. Complicity with or failure of any student to appropriately address known or obvious violations of the Student Code of Conduct or law or complicity with or failure of any organized group to appropriately address known or obvious violations of the Student Code of Conduct or law by its members.

5. Abuse of Conduct Process. Abuse or interference with or failure to comply with college conduct processes including the following examples.

a. Falsification, distortion, or misrepresentation of information.

b. Failure to provide, destroy, or conceal information during an investigation of an alleged violation.

c. Attempting to discourage an individual’s proper participation in or use of the college conduct system.

d. Harassment (verbal or physical) or intimidation of a hearing or appeals panel member before, during, or following a college conduct proceeding.

e. Failure to comply with the sanction(s) imposed by the college conduct system.

f. Influencing or attempting to influence another person to commit an abuse of the college conduct system.

Core Value: Respect

Students recognize that respecting the dignity of every person and showing positive regard are essential to creating and sustaining a flourishing college community. They understand and appreciate how their decisions and actions impact others and act to discourage and challenge those whose actions may be harmful to or violate the rights of others. Conduct that violates this value includes but is not limited to the following:

1. Sexual Misconduct and Discrimination. (See Sexual Misconduct and Discrimination Policy.)

2. Hostile Environment Harassment. Engaging in unwelcome conduct against another individual that is sufficiently severe or pervasive that it alters the conditions of education or employment and creates an environment that a reasonable person would find intimidating, hostile, or offensive. The determination of whether an environment is “hostile” must be based on the totality of circumstances. These circumstances include, but are not limited to, the frequency of the conduct, its severity, and whether it is threatening or harassing. Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise. Harassment that is based on a protected status will be addressed through the Sexual Misconduct and Discrimination Policy.

3. Retaliation. Intentional, adverse action taken by a responding individual or allied third party, absent legitimate nondiscriminatory purposes, against a participant or supporter of a participant in a college grievance or conduct proceeding or other protected activity.

4. Bystanding. Complicity with or failure of any student to appropriately address known or obvious violations of the Student Code of Conduct or law or complicity with or failure of any organized group to appropriately address known or obvious violations of the Student Code of Conduct or law by its members.

5. Abuse of Conduct Process. Abuse or interference with or failure to comply with college conduct processes including the following examples.

a. Falsification, distortion, or misrepresentation of information.
b. Failure to provide, destroy, or conceal information during an investigation of an alleged violation.
c. Attempting to discourage an individual’s proper participation in or use of the college conduct system.
d. Harassment (verbal or physical) or intimidation of a hearing or appeals panel member before, during, or following a college conduct proceeding.
e. Failure to comply with the sanction(s) imposed by the college conduct system.
f. Influencing or attempting to influence another person to commit an abuse of the college conduct system.

6. Offenses Against Others. Any action that deprives another individual’s rights or ability to access their education.

7. Harm to People. Intentionally or recklessly causing physical harm or endangering the health or safety of any person.

8. Physical Violence. Initiating or inciting; attempting to initiate or incite; or participating in physical violence of any nature against any person. This includes fighting; assaulting; battering; using or threatening to use a knife, firearm, or other weapon; physically abusing, restraining, or transporting someone against their will; or any action which causes reasonable fear of bodily harm or injury.

9. Threatening Behaviors. Written or verbal conduct that causes a reasonable expectation of harm to the health or safety of any person or damage to property.

10.  Intimidation. Intimidation is the implied threat or act that causes a reasonable fear of harm in another.

11. Bullying and Cyberbullying. Bullying and cyberbullying are repeated or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally. This behavior is not protected by freedom of expression.

12. Hazing. An act that endangers the mental or physical health or safety of a student or that destroys or removes public or private property for initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. Participation or cooperation by the person being hazed does not excuse the violation. Failing to intervene to prevent, discourage, or report those acts may also be a code violation.

Core Value: Responsibility

College students are given and accept a high level of responsibility to themself, others, and the community. Behavior that violates this value includes but is not limited to the following.

1. Alcohol. Violation of the college’s Alcohol and Drug-Free College policy. Alcohol is prohibited in campus housing and under most circumstances on campus. See the Alcohol and Drug Free College policy.

2. Drugs. Use, possession, or distribution of illegal drugs or other state or federally-controlled substances or drug paraphernalia.

3. Prescription Medications. Abuse, misuse, sale, or distribution of prescription or over-the-counter medications.

4. Failure to Comply. Failure to comply with the reasonable directives of college officials or law enforcement officers during the performance of their duties or failure to identify oneself to these people when requested to do so.

5. Financial Responsibilities. Failure to promptly meet financial responsibilities to the college including knowingly passing a worthless check or money order in payment to the college or a college official acting in an official capacity.

6. Arrest. Failure of a student to accurately report an off-campus arrest by law enforcement for any crime (including non-custodial or field arrests) to the AVPSS within 72 hours of release.

7. Other Policies. Violating other published college policies or codes, including residence hall policies.

8. Violation of Law. Violating local, state, or federal laws, even if such conduct is not expressly prohibited in the Student Code of Conduct.

9. Health and Safety. Creation of health or safety hazards such as dangerous pranks, hanging out of or climbing from, on, or in windows, balconies, or roofs.

Resolution Process

Following is a general overview of how the college’s conduct resolution processes work; however, not all situations are of the same severity or complexity. Therefore, these procedures are flexible and not the same in every situation, though consistency in similar situations is a priority.

The college’s conduct resolution process and applicable timelines begin with notice to a college administrator of an alleged violation of college policies or codes. The DOS (or designee) conducts a preliminary inquiry into the nature of the notice, available evidence, and parties involved. If there is insufficient evidence or reasonable cause to believe the responding student committed a violation, the case will be closed. Otherwise, the student will be sent a notice letter listing the college policies or codes they are alleged to have violated, and providing information on available resolution options.

Resolution options include informal resolution, formal resolution, and student grievance process.In cases of sexual misconduct and discrimination, alleged policy violations will use the process outlined in the Sexual Misconduct and Discrimination Policy, not the conduct resolution process described below. In such cases, associated violations not falling under sexual misconduct and discrimination will follow the process described below. In cases of alleged academic dishonesty, refer to the related section below.

Informal Resolution

Informal resolution is used for lower-level policy or code violations, provided that the responding student accepts responsibility for the alleged prohibited conduct. The DOS is responsible for determining whether informal resolution is appropriate considering the nature and severity of the alleged misconduct and the responding student’s prior history of policy or code violations.

The informal resolution process is considered a voluntary, educational resolution to alleged misconduct. Informal resolution results in a written agreement between the college and the responding student. This agreement confirms that the student takes responsibility for the alleged misconduct, and outlines the required actions stipulated by the DOS (or designee). Required actions include items from the conduct sanction list (see related section), with the exceptions of items 9-17. Items 9-17 from the sanction list are considered more severe and are not appropriate for informal resolution.

Because informal resolution is educational in nature, represents an agreement between the responding student and the college, and is reserved for lower-level policy and code violations, the college does not consider informal resolution to be a disciplinary process. As a result, informal resolutions are not considered part of a student’s disciplinary or conduct record.

The DOS (or designee) reserves the right to stop the informal resolution process and initiate formal resolution in the following cases:

• The responding student fails to attend a resolution meeting
• The responding student does not accept responsibility for all alleged violations
• The responding student does not wish to participate in the informal resolution process
• The responding student does not agree to the required actions recommended by the DOS (or designee)
• The responding student fails to complete the required actions as stipulated in the informal resolution agreement
• The DOS (or designee) determines that the matter is more appropriately resolved under the formal resolution process

Academic Dishonesty Resolution

Issues of academic dishonesty are treated differently than other alleged code violations due to their academic nature. Instead of being primarily managed by the DOS Office, Academic Affairs is responsible for managing these issues. Instructors who suspect academic dishonesty may address the violation directly with the student. If the result of this resolution is a grade reduction or failing grade on an individual assignment or exam, this resolution will be considered informal and will not be considered part of a student’s disciplinary record. If a student disagrees with their instructor’s assessment of their academic integrity and wishes to dispute the outcome, students may go through the student grievance process (see related section).

If an instructor believes that an academic dishonesty issue should result in a failing grade for the course, suspension from the program or clinical/fieldwork activities, or dismissal from the program, this outcome must be approved by the instructor’s academic dean. In these cases, a written notice to the student must be provided detailing the allegations. The student must be given an opportunity to respond to the allegations and present information and evidence in their defense. The decision of the dean and instructor will be provided to the student in writing, outlining the sanction. This outcome will be considered part of the student’s disciplinary record. If a student disagrees with the outcome (their responsibility for the violation, the sanction, or both), students may go through the student grievance process (see related section).

Instructors (and academic deans, if involved in the case) will use an academic dishonesty reporting form to document student academic dishonesty allegations and associated resolutions. The DOS Office will manage these records and will use them to provide Academic Affairs with relevant information regarding a student’s history of academic dishonesty violations.

In cases of repeat or very severe academic dishonesty allegations, the student’s academic dean may confer with the DOS to determine if the student should go through the formal conduct resolution process (see related section). This process is used when a student’s pattern of misconduct (academic and non-academic) is so severe that consideration of college suspension or expulsion is deemed appropriate. In these cases, students will retain all due process and procedural rights outlined in the formal resolution section, and will retain the right to use the student grievance process to appeal a finding of responsibility and/or sanction they wish to dispute.

Formal Resolution

Formal resolution is used in cases of higher-level policy or code violations when the responding student does not accept responsibility for the alleged prohibited conduct, when a matter was not able to be resolved through informal resolution, or when the DOS determines that formal resolution is appropriate. 

In cases of formal resolution, the responding student will be sent a notice letter listing the college policies or codes they are alleged to have violated, as well as information on how to schedule a meeting with the DOS (or designee). If the student accepts responsibility for the alleged prohibited conduct, the DOS (or designee) will notify the student of assigned sanctions. If the student disagrees with or wishes to contest their sanctions, they may go through the student grievance process (see related section).

If the student does not accept responsibility for the alleged prohibited conduct, they will be given the opportunity to present evidence in their defense at the formal resolution meeting. The DOS (or designee) will review all available evidence and, using the preponderance of the evidence standard will determine whether it is more likely than not that a student is responsible for violating a college policy or code. The student will be notified in writing of the outcome of the formal resolution meeting, as well of any assigned sanctions (if applicable). If the student wishes to contest the outcome of the formal resolution process (their responsibility for the violation, the sanction, or both), students may go through the student grievance process (see related section).

If a student does not respond to the notice of allegations or does not attend the formal resolution meeting, reasonable attempts will be made to contact the student to schedule an alternative time. If the student fails to respond within three business days, the DOS (or designee) will adjudicate the case in the student’s absence, using the preponderance of the evidence standard to review available evidence.

If a student is found responsible for a policy or code violation under the formal resolution process, this will become part of the student’s disciplinary or conduct record. If a student is found not responsible for all alleged policy or code violations, this outcome will be documented but will not be considered part of the student’s disciplinary or conduct record.

Student Conduct Authority

Authority

The DOS is vested with the authority over student conduct by the president. The DOS oversees and manages the student conduct process or assigns cases to a designee. A designee may act in place of the DOS. The DOS may appoint a formal hearing panel and appeals panel as deemed necessary to efficiently and effectively supervise the student conduct process. The DOS will assume responsibility for the preliminary investigation of an allegation of misconduct to determine if the complaint has merit.

Gatekeeping

The DOS will not forward a complaint for a hearing unless there is reasonable cause to believe a policy or code has been violated. Reasonable cause is credible information to support each element of the offense, even if that information is merely a credible witness or victim’s statement. It is important to note that reasonable cause is different from the preponderance of evidence standard, which is the standard used to determine whether a violation has occurred. The DOS will not forward a complaint wholly unsupported by credible information for a hearing.

College as Convener

The college is the convener of every action under this code. Within that action, there are several roles. The responding student is the person alleged to have violated the code. The reporting party may be a student, employee, visitor, or guest and may be present and participate in the process as fully as the responding student participates. Witnesses may offer information about the allegation. The investigators’ role is to present the allegations and share evidence the college has obtained about the allegations.

Group Violations

A student group or organization and its officers and membership may be held collectively and individually responsible when code violations committed by the organization or its members (1) take place at an organization-sponsored or co-sponsored event, whether sponsorship is formal or tacit, (2) the violators received the consent or encouragement of the membership or officers, or (3) the violations were known or should have been known by the membership or its officers.

Resolutions for student groups or organizations follow the same student conduct process. Individual determinations as to responsibility will be made and sanctions may be assigned collectively and individually and will be proportionate to the involvement of each individual and the organization.

Amnesty for Victims

The college provides amnesty to victims who may be hesitant to report a code violation because they fear being accused of minor policy violations, such as underage drinking at the time of the incident. In such cases, the college may impose an educational program but no conduct proceedings or conduct record will result.

Interpretation and Revision

The DOS will develop procedural rules for the administration of hearings that are consistent with provisions of the Student Code of Conduct. Material deviation from these rules will be made as necessary and include reasonable advance notice to the parties involved, either by posting online or in written communication. The DOS may vary procedures with notice if the DOS determines that changes to law or regulations require policy or procedural changes to the Student Handbook. The DOS may make minor modifications to procedures that do not materially jeopardize the fairness owed to any party. Questions of interpretation of the Student Code of Conduct will be referred to the DOS, whose interpretation is final. The college will update the Student Code of Conduct annually under the direction of the DOS.

Parental Notification

The college reserves the right to notify the parents/guardians of dependent students of any conduct situation, particularly those involving alcohol and drug violations. The college may notify parents/guardians of non-dependent students who are under the age of 21 of alcohol or drug violations. Administrators may use parental notification discretionarily when permitted by FERPA or student consent.

Investigation

Investigations may occur as part of an educational conference or a formal hearing. The following are the procedures for an investigation. The DOS will appoint an investigator(s) for allegations of code violations. The investigator(s) will take the following steps, if not already completed by the DOS. For allegations of code violations that meet Title IX standards, the college will follow the Sexual Misconduct and Discrimination Policy process.

1. Initiate necessary remedial actions on behalf of the victim.

2. Determine the identity and contact information of the reporting party, whether that person is the initiator of the complaint, the alleged victim, or a college representative. Complete an intake form.

3. Conduct an immediate preliminary investigation to identify an initial list of policies or codes that may have been violated, review the history of the parties, the nature of the complaint, and the context of the incidents, and look for behavioral patterns.

4. If the victim is reluctant to pursue the complaint, determine whether the college should pursue the complaint and if sufficient independent evidence could support the complaint without the victim’s participation. Notify the victim if the college intends to pursue the complaint regardless of the victim’s involvement. Inform the victim of his or her rights in the process and the option to become involved if they choose.

5. If indicated by the educational conference and authorized by the DOS, conduct a comprehensive investigation to determine if there is reasonable cause to believe the responding student violated college policy and determine what violations should serve as the basis for the complaint. A comprehensive investigation usually takes between one day and two weeks. If there is insufficient evidence through the investigation to support reasonable cause, the allegations will be closed with no further action.

6. Meet with the reporting party to finalize the party’s statement, which the investigator will facilitate.

7. Conduct a thorough, reliable, and impartial investigation by developing a strategic investigation plan, including a witness and evidence lists, intended timeframe, and order of interviews of all witnesses and the responding student, who may be given notice of the interview before or at the time of the interview.

8. Interview relevant witnesses, summarize the information they shared, and have each witness sign the summary to verify its accuracy.

9. Obtain available documentary evidence and information.

10. Obtain available physical evidence.

11. Complete the investigation promptly by analyzing available evidence without unreasonable deviation from the intended timeline.

12. Make a finding based on a preponderance of the evidence (whether a violation is more likely than not).

13. Present the investigation report and findings to the responding student, who may accept the findings, accept the findings in part and reject them in part, or may reject all findings.

14. Share the findings and update the reporting and responding party on the status of the investigation and the outcome.

Sanctions may be issued for attempting to intimidate, bribe, influence witnesses, or otherwise retaliate against college personnel, or people relevant to the proceedings, disrupting a proceeding, filing a complaint in bad faith, giving false evidence or testimony, or attempting to use the judicial system maliciously.

Findings

The following describes how to proceed depending on if the responding student is found responsible and if the responding student accepts or rejects the findings or the sanctions in whole or in part.

1. The Responding Student is Found Not Responsible
The investigation will be closed when the responding student is found not responsible for the alleged violations, which means that upon review of the available evidence, it is more likely than not that the alleged violation did not occur or that evidence did not reach the preponderance threshold. The party bringing the complaint, if any, may request the DOS review the investigation file to possibly reopen the investigation or convene a hearing. The DOS has sole discretion to reopen an investigation or convene a hearing, which the DOS may grant for only extraordinary cause.

2. The Responding Student Accepts a Finding of Responsible
If the responding student accepts the finding that they violated college policy, the investigator will consult with the DOS and then recommend sanctions for the violation.  If the responding student accepts the sanctions, the DOS will implement the sanctions and close the process.
The responding student has three days from the date of acceptance to reject the sanctions. If the responding student does not reject the sanctions after three days, the resolution becomes final. If the responding student rejects the sanctions within that period, the college will convene a hearing on the sanctions only. The findings of the hearing are not subject to appeal.

3. The Responding Student Does Not Accept a Finding of Responsible
If the responding student does not accept the finding that they violated college policy, they may appeal this decision by submitting a student grievance

Conduct Sanctions

One or more of the following sanctions may be imposed for Student Code of Conduct violations.

1. Warning. A written notice that the student has violated college policies or codes and that more severe conduct action will result should the student be involved in other violations while enrolled at the college.

2. Restitution. Compensation for damage caused to the college or any person’s property. This could include failing to return a reserved space to the proper condition resulting in a charge for labor costs and expenses. This is not a fine but a repayment for labor costs and the value of property destroyed, damaged, consumed, or stolen.

3. Fines. Reasonable monetary fines are imposed for a violation.

4. Community/College Service Requirements. To complete a specific supervised community or college service.

5. Loss of Privileges. The student will be denied specified privileges for a designated period.

6. Confiscation of Prohibited Property. Items whose presence violates college policy will be confiscated and become the property of the college. Prohibited items may be returned to the owner at the discretion of the DOS or Campus Security.

7. Behavioral Requirement. The requirement to attend or perform activities such as academic counseling or substance abuse assessment, writing a letter of apology, etc.

8. Educational Program. The requirement to attend, present, and 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 a topic or issue related to the violation.

9. Restriction from Location/Trespass. A no-trespass sanction may be imposed on resident or non-resident students. The parameters of the restriction will be specified and may be specific to buildings or the campus in general.

10. College Housing Probation. A written notice to a student that the college may immediately remove the student from college housing should further violations of housing or college policies occur during a specified period. Regular probationary meetings may be required.

11. College Housing Reassignment. Reassignment of the student to another college housing facility. Housing personnel will decide on the reassignment location and restrictions.

12. Deferred Housing Removal. A written notice to a student that their conduct has been severe enough to warrant housing removal; however, mitigating circumstances are deferring such an outcome. During a period of deferred housing removal, the college will immediately remove the student from college housing should further violations of housing or college policies occur during the specified period. Regular probationary meetings may be required.

13. College Housing Removal.  The student must vacate college housing within 24 hours of being notified of the housing removal. The student may request an extension to the deadline to vacate to the DOS. The college may enforce this sanction with a trespass action if necessary. Students must gain permission from the DOS before reapplication for college housing in future academic years.

14. College Probation. The student receives a notice that the student may face suspension or expulsion if further violations occur during a probationary period. Regular probationary meetings may be required.

15. Eligibility Restriction. The student is deemed as being not in good standing with the college for a specified period and may not be allowed to participate in certain activities until the student is back in good standing. The DOS may grant limitations or exceptions to the ability to participate. The terms of this sanction may include the following:

• Ineligibility to hold office in a student organization recognized by the college or hold an elected or appointed office at the college.
• Ineligibility to represent the college to anyone outside the college community in any way including participating in the study abroad program, attending conferences, or representing the college at an official function, event, or intercollegiate competition as a player, manager, student coach, etc.

16. College Suspension. Separation from the college for a specified period, after which the student is eligible to return. Eligibility may be contingent on the satisfaction of conditions noted at the time of suspension. The student is required to vacate the campus within 24 hours of being notified of the action. The student may submit a request for a deadline extension to the DOS. During the suspension, the student is banned from college property, functions, events, and activities without prior written approval from the DOS. This sanction may be enforced with a trespass action if necessary. This sanction will be noted as a conduct suspension on the student’s official academic transcript.

17. College Expulsion. Permanent separation from the college. The student is banned from college property and college-sponsored activities or events. This sanction may be enforced with a trespass action if necessary. This sanction will be noted as a conduct expulsion on the student’s official academic transcript. Presidential approval is required for this action.

18. Other Sanctions. With the approval of the DOS, additional or alternate sanctions may be created and designed as deemed appropriate to the offense. 

Notification of Outcomes

The outcome of a hearing is part of the responding student’s education record and protected from release under the Federal Education Rights and Privacy Act (FERPA), except under certain conditions. 

As allowed under FERPA, when a student is accused of a policy violation that would constitute a crime of violence or a forcible or non-forcible sex offense, the college will inform the alleged victim/party bringing the complaint in writing of the hearing results, regardless of whether the college concludes a violation was committed. Such release of information may only include the alleged student’s name, the responding student’s name, the violation committed, and sanctions assigned (if applicable). In cases of sexual misconduct and other offenses covered by Title IX, the college will release to all parties to the complaint only the rationale for the outcome, findings, and sanctions.

The college may release the above information publicly or to any third party in cases where the college determines through the student conduct process that a student violated a policy that would constitute a crime of violence or a forcible or non-forcible sex offense. FERPA defines crimes of violence to include the following.

•  Arson
• Assault offenses (including stalking)
• Burglary
• Criminal homicide—manslaughter by negligence
• Criminal homicide—murder and non-negligent manslaughter
• Destruction/damage/vandalism of property
• Kidnapping/abduction
• Robbery
• Forcible sex offenses
• Non-forcible sex offenses

Failure to Complete Conduct Sanctions

Students, as college community members, must comply with conduct sanctions within the time specified by the DOS. Failure to follow through on conduct sanctions by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanctions or suspension from the college. In such situations, resident students will be required to vacate college housing within 24 hours of being notified by the DOS. The student may submit a request for a deadline extension to the DOS. A suspension will be lifted when the DOS determines that compliance with conduct sanctions has been satisfactorily achieved.

Disciplinary Records

The college maintains conduct records for seven years from the time of their creation except for cases that result in separation (suspension or expulsion, including from housing) and those that fall under Title IX, which are maintained indefinitely.

Student Grievances

Students who believe they have been treated unfairly may seek resolution through the student grievance process except for sexual misconduct or discrimination violations, which should be referred to the Sexual Misconduct and Discrimination Policy. Disagreement with the college’s policies, procedures, or regulations, is not grounds for a grievance. Grievances may be addressed through an informal resolution, formal resolution, or grievance hearing.

Consumer protection or state authorization issues for distance education courses must be addressed under the State Authorization Reciprocity Agreement Distance Education Student Procedure found at www.caspercollege.edu/dlc/about/state-authorization. Meetings will be via phone or digital media for grievances involving students who are taking distance education courses only and who do not live in the area.

Informal Resolution

Students are encouraged to first attempt to resolve a grievance before initiating a formal grievance. Issues, concerns, and conflicts can be addressed more quickly by directly working with the people involved. For academic matters, students should first contact their instructor. If a satisfactory resolution is not reached, students may seek a resolution by following the chain of command and contact, in order, the academic chair or program director, then the dean. For all other matters, students should first contact the employee with whom they are having a concern or conflict. In situations of a sensitive nature, students can contact the employee’s supervisor. If a satisfactory resolution is not reached, students may seek a resolution by following the chain of command up to the director level. Students who are uncertain as to whom to contact or how to begin a resolution may seek advice from their academic advisor, or the Vice President for Student Services Office. Students who are not satisfied with any proposed resolutions may pursue a formal resolution.

Formal Resolution

Students who wish to have a formal resolution must submit a completed Student Grievance Form, found at caspercollege.edu/wp-content/uploads/2020/11/cc-student-grievance-form.pdf to the VPAA for grievances involving non-academic matters or the VPSS for grievances involving academic matters. Submitting the form to the non-decision-making VP protects students against bias. Students must submit the form no later than 5 business days after becoming aware of the perceived events that led to the grievance.

After documenting that the grievance form was received, the receiving VP will review the Student Grievance Form and may dismiss the complaint or, if the matter has merit, meet with the involved parties to seek a resolution. If the parties reach a resolution, the VP will issue a written agreement.  The receiving VP may choose to designate an academic dean or director-level employee within their division to oversee the grievance on their behalf. 

Students who are not satisfied with a proposed resolution may request permission to request a grievance hearing from the VP who initially received the form. That VP will provide the student written authorization to request a grievance hearing or notification that there is no basis for an appeal and the process ends. The VP’s decision is final.

Grievance Hearing

Students who wish to have a grievance hearing must submit a hearing request to the VP they have been working with within 5 business days of receiving written permission to request a hearing. The VP will schedule a hearing within 15 business days of receipt of the hearing request and notify all parties of the hearing date, time, and location.

The DOS (or designee) in consultation with the VP who granted permission for a hearing will convene a three-person panel consisting of an academic dean, a full-time instructor, and a full-time administrator.  The panel is responsible for hearing testimony, questioning witnesses, reviewing evidence, and making a decision. The VP or DOS will designate a chairperson from the panel, who is responsible for conducting the hearing. The VP or DOS will provide the panel with copies of pertinent information before the hearing.

The grievance panel will conduct the hearing according to the following guidelines.

1. The chairperson will ensure a fair, orderly, and timely hearing.

2. The hearing is closed to anyone who is not part of the proceeding. The panel may hear testimony from witnesses; however, witnesses may not stay for any part of the hearing for which their presence is not required.

3. The hearing will be limited to issues presented in the original Student Grievance Form and issues reasonably necessitated by intervening developments.

4. The grievance panel may request additional evidence.

5. If a party fails to appear at the hearing, the grievance panel may base its decision on the documents provided and on the presentation of the parties present.

6. The DOS (or designee) will record the proceedings, which will serve as the official record. The recording may be audio or another method selected by the DOS. Either party may request a copy of this recording at their own expense from the DOS.

7. Each party may present witnesses and evidence. Each party must provide the other party with a list of witnesses and evidence at least 5 business days before the hearing. 

8. Each party may invite one support person, who can be an attorney, to attend the hearing. The support person may not testify or participate in the hearing.

9. The chairperson will administer the following oath to any witnesses: I agree to tell the truth, to the best of my knowledge, in these proceedings.

10. Each party will present its case, beginning with the student. Following presentations by both parties, the panel may ask questions or request additional evidence. Any witness who testifies will be open to questions from the panel.  Questions the parties have of the other party, or of witnesses, must be directed first to the chairperson, who will determine relevance and, if relevant, will authorize the question to be answered. Questions must be directed to the chairperson by the parties themselves, as support persons are not allowed to testify or participate in the hearing.

11.When the grievance panel is satisfied it has sufficient information to render an informed decision, the chairperson will adjourn the hearing and the panel will meet in a closed conference. The panel will arrive at its decision by majority vote.

12. The chairperson has 5 business days from the close of the hearing to submit a written decision for review to the VPAA for complaints about academic matters or the VPSS for all other matters. The panel’s decision will include pertinent facts, an aggregate vote tally, and the reasons for the panel’s decision. All panel members will sign the decision. A dissenting opinion may be included.

13. The chairperson and VP will review the panel’s decision. If the VP has no concerns, the chairperson will immediately submit the decision to the DOS (or designee). If the VP has concerns about the decision or hearing, the VP will send the chairperson a written request that the panel continue their deliberations. Upon further deliberation, the chairperson will provide the VP and the DOS with the panel’s final decision within 5 business days of the request to continue deliberations. The panel’s final decision is binding.

14. The DOS will provide the written decision to the student within 3 business days of receiving the decision from the chairperson.

15. Once the written decision has been delivered to the student and other parties, the decision is final and binding. Because the student grievance process is designed to be a secondary review of an initial decision after opportunities for informal resolution have proved unfruitful, there is no appeal process for a grievance panel decision.

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