Student Conduct Process

1. Introduction
2. General Provisions
3. Reporting Alleged Misconduct and College Response
4. Conduct Investigation and Review
5. Sanctions
6. Appeal Procedures

1. Introduction

Claremont McKenna College (the “College” or “CMC”) maintains expectations of its community members to conduct themselves in a responsible manner. These expectations are designed to support the educational mission of the College and constitute the framework on which others depend. 

The College’s mission prioritizes helping students grow intellectually and fostering their personal and social responsibility. To achieve this, the College has a Student Code of Conduct  that outlines expected behaviors and other policies found in the Guide to Student Life .  Student are expected to be familiar with these policies, which aim to:

• Help students develop as responsible, mature adults;
• Encourage positive and healthy social interactions;
• Promote the health and safety of the College community and its guests; and
• Support the College’s broad educational mission.

The Student Conduct Process addresses alleged student misconduct. There are separate procedures for faculty and staff misconduct. Concerns about a faculty or staff member’s behavior can be reported confidentially here.

2. General Provisions

Authority

The College’s disciplinary authority comes from its Board of Trustees. The Board and the President have given the Dean of Students Office (DOS) the responsibility to manage student discipline. Any major changes to the disciplinary process and the Student Code of Conduct  need approval from the appropriate administrative entity, usually the President’s Executive Cabinet. The DOS may appoint an appropriate designee to act on their behalf for any of the actions specified in this Process. Reference to “DOS” includes such designees.

Jurisdiction

This Process applies to student conduct that:

A. Allegedly violates the Student Code of Conduct  ;
B. Allegedly violates other College policies or regulations, including those in the Guide to Student Life and others set by College officials for specific programs or services (e.g., off-campus study or event management)
C. Allegedly violates any Claremont Colleges policy;
D. May negatively impact the College and its mission.

This Process may apply to student misconduct even when the student is away from campus if the DOS has concern about continued effects of the conduct or its impact, (direct, indirect, reputational) to the CMC community. This could include, but not limited to, during study abroad programs, internships, athletic trips, college breaks, and leaves of absence. Misconduct related to the Statement of Academic Policy and Statement of Academic Integrity is handled by the Academic Standards Committee. Misconduct related to prohibited conduct in the College’s Civil Rights Policy  
is handled by the Civil Rights Resolution Process.

Students accused of misconduct are called the Respondent in the Student Conduct Process. The party who has brought the complaint or concern about a student’s misconduct is called the Complainant. The College may act as the Complainant. In such cases, the assigned Conduct Administrator will be a different person than the one who is representing the College as the Complainant.

If the Respondent is a student from one of the other Claremont Colleges, the College will investigate the matter and take steps to stop the conduct. However, the relevant procedures related to any disciplinary action against the Respondent will be those of the Respondent’s home institution.

This Process is administrative in nature and separate from the criminal and civil legal systems. Pursuing resolution through this Process does not prevent any party from taking legal action. The College will follow its process regardless of any legal actions. Decisions made in this Process are not changed based on the outcomes of criminal or civil cases.

Truthfulness and Particpation

Respondents will be contacted by a conduct administrator to inform them of their alleged role in possible misconduct and to outline steps in the Process. In some cases, additional students or community members may be asked to participate in the Process as a potential witness. Agreement to participate in a conduct process as a Complainant, Respondent, or potential witness is strongly encouraged to maintain CMC’s community expectations, but the College may move forward with the Process regardless of the parties’ participation. The DOS will work with all participants to provide the fullest level of support possible throughout the Process.

All participants are expected to cooperate fully and provide the truth in any investigation or other meetings related to this Process. Lying, directly or by omission, to any College official is grounds for a separate discipline proceeding and/or aggravated sanction.

Confidentiality of the Process

Efforts will be made to protect the privacy of individuals and the confidentiality of any conduct case, except when the law requires disclosure. While absolute confidentiality cannot be guaranteed for anyone involved, including witnesses, all participants are instructed to keep the Process and information learned during the Process confidential and respect the privacy of others. Breaches of confidentiality may be investigated, with appropriate disciplinary actions taken.

The College allows representatives to share confidential information internally with those who have a reasonable need to know to review, investigate, or resolve the report. The College will share information with third parties, only if consistent with CMC’s Student Records Policies and Procedures, or if there is a legally binding request, such as a court subpoena.

False Reporting

It is against College policy to submit a complaint about an alleged policy violation that is known to be false, misleading, or malicious. Community members who believe someone has made a false report can file a complaint for investigation through this Process. Complaints made in good faith under this rule are not considered false reporting.

Statement against Retaliation

It is against College policy to retaliate, intimidate, penalize, or seek retribution in any way against someone who raises a good-faith concern about misconduct or who participates in the Student Conduct Process. Retaliation can come in many forms and can involve anyone, including the Complainant, Respondent, or a third party. Any person who believes that they have been retaliated against for making a complaint/report, participating in the Process, or refusing to participate in this Process should immediately contact the DOS. Similarly, retaliation against conduct hearing participants, including the community panel, is prohibited. The College will take prompt action to investigate any report of retaliation and will pursue disciplinary action as appropriate.

Interim Measures

In response to reports of alleged student misconduct, the College may use Interim Measures (including Interim Suspension) as deemed necessary to protect the health and safety of individuals or the community pending the outcome of this Process. These measures can be implemented by the President or the Vice President for Student Affairs (or their designees), who can modify or terminate them as appropriate. Respondents can request changes to interim measures in writing. Violating an Interim Measure can result in disciplinary action for “Failure to Comply” under the Student Code of Conduct  .

Potential Interim Measures for a Respondent include, but are not limited to:

• No-contact orders between the parties
• Reasonable changes to work or class schedules
• Changes to housing
• Restricted access to certain College facilities (e.g., Complainant’s home campus, residence hall, etc.) or activities (e.g., athletics, study abroad, sponsored travel, etc.)
• Interim Suspension (Academic or Non-Academic)

Interim Suspension: This is a temporary, non-disciplinary separation from the College pending the outcome of the process. An Interim Suspension can be imposed for various safety and well-being reasons:

• When it is determined that the Respondent poses a potential threat to another;
• To address the safety and well-being of members of the College community and/or the preservation of College property;
• To help the Respondent’s own physical or emotional safety and well-being;
• When the Respondent poses a potential threat of disruption or interference with the normal operations of the College; or
• If the Respondent commits violations of criminal law or other College policies or Interim Measures (e.g., no-contact order).

There are two types of Interim Suspension:

1. Non-Academic Interim Suspension: The Respondent can’t participate in College activities or be on campus except for classes or with special permission.
2. Academic Interim Suspension: The Respondent is fully suspended from the College and can’t attend classes or participate in any activities.

Because an Interim Suspension is considered non-disciplinary, when the College determines that an Interim Suspension is necessary and appropriate, it will normally seek to utilize a Non-Academic Interim Suspension to enable the student to maintain their academic obligations more readily, so long as this can be implemented in a manner that is reasonably safe to the Complainant and the community. The Dean of Students Office will offer ongoing support to the student during the period of interim suspension.

Decision-Making Standard

A Respondent is presumed not to have violated College policy until otherwise found responsible. The College makes a finding of responsibility based on the “preponderance of the evidence” standard, meaning that based on the information provided, it is more likely than not that the alleged conduct occurred and that it was a violation of policy.

The College’s procedures are not based on civil or criminal rules of evidence. The Process is structured to help ensure the fact-finding process is based upon competent and reliable information. Key considerations include:

1. No adverse inference will be made if a Respondent chooses to not participate; however, the Conduct Administrator or Panel (as described in Sections 3 and 4) will determine responsibility or non-responsibility based on the information available. 
2. In limited circumstances, the Investigator and Conduct Administrator may choose to include a Respondent’s prior conduct history in an investigation, for example, if:
   • respondent was previously found responsible for a similar violation;
   • the past incident is very similar to the current one, even if they were not found responsible; or
   • the current conduct shows a similar pattern to past conduct.
3. Character evidence is not allowed.

Alcohol and Other Substance Use

The use of alcohol or other drugs will never be a defense for or mitigate any behavior that violates College policy.

Time Frames

The time frames provided are guidelines, not strict requirements. Extensions may be necessary due to circumstances such as the complexity of the issues, number of witnesses, availability of parties or witnesses, college breaks or holidays, or unforeseen events. If the process exceeds a time frame significantly, the College will inform the Complainant and Respondent of the reasons for the delay and the new expected time frame. The College aims to complete the process in a timely manner while ensuring thoroughness and fundamental fairness to all parties.

Special Considerations at the End of the Semester and During College Breaks

The College may modify the Student Conduct Process for alleged violations of the Student Code of Conduct  and/or other College policies that occur at the end of a term or during a College break. These modifications could include an expedited and/or compacted Investigation Review Meeting, a determination on responsibility by a Conduct Administrator instead of Community Representatives (or a smaller group), or alternative sanctions not listed in Section 5.  The parties will be notified of any modifications.

Support Person

The Respondent and Complainant may bring a Support Person to all Conduct Conference and Investigation Review meetings. The Support Person must be a current member of the CMC community, except when the Complainant is from another Claremont College; in such cases, the Support Person can be a student, faculty member, or staff member from that college. The Support Person cannot be a Community Representative, a witness in the case, or legal counsel. They may attend but cannot actively participate in the meetings. Students must speak for themselves during the Process and associated meetings.

Role of Legal Counsel

Because this is not a criminal process, legal counsel is not permitted to participate in any aspect of this Process or to communicate on behalf of a Respondent during this Process.

Conduct Record Reporting

Most graduate schools, some employers, and some governmental agencies may require a student to consent to disclosure by the College of a student’s disciplinary findings. Additionally, students who transfer to other colleges or participate in off-campus study programs may also be required to provide such consent for disclosure. In some circumstances, the College may disclose disciplinary records or other information related to student conduct, when a student consents to such disclosure or when permitted or required by law. Further, with consent, if a student withdraws from the College with a pending allegation of misconduct, the College may report that information. If a student withholds consent, that withholding may be reported to the school or agency or may have implications for the level of support the College is able to provide in the application process. Warnings and findings of “not responsible” are not considered part of a student’s permanent disciplinary report and therefore are not reported.

Record Retention                                               

Records of all discipline proceedings are maintained by the College for seven years after the student earns a degree. The discipline records of students who are separated from the College prior to earning a degree will be maintained by the College for seven years after the student’s original anticipated completion date, except for students who are expelled. The discipline record of any student who is expelled is maintained by the College permanently.

Request to Expunge Student Conduct Record

The Process is intended to be an educational learning opportunity where students reflect on and adjust their behavior to meet community expectations going forward. As such, for certain policy violations, the College will permit students to request their disciplinary records be expunged from their record after graduation or withdrawal from the College. Students must satisfactorily complete any required sanctions prior to requesting to expunge their record.

To submit a request to expunge their case, students must submit a written request to the Dean of Students Office. For matters that were resolved through a Conduct Conference, the Dean of Students or designee can determine whether to accept the request. For matters that were resolved through a Conduct Investigation and Review, a committee including at least one member each from the Dean of Students Office, Civil Rights Office, and General Counsel’s Office will review the request. If the request is granted, the student record will not contain any mention of the conduct violation(s) and sanctions imposed in that case. Requests for expungement will only be considered for up to seven years after the date the student earned a degree or the date upon which they withdrew from the College prior to completing a degree.

Factors to be considered in review of such requests shall include:

• the person’s disciplinary record as a whole;
• the person’s conduct subsequent to the violation;
• the nature of the violation(s) and the severity of any damage, injury, or harm resulting from it; and
• the person’s written request, which should detail why the person believes expungement is appropriate in their case, including any immediate or subsequent learnings and behavioral changes that emerged as a result of the conduct process.

Generally, conduct cases in which the student is found responsible for severe or pervasive violations of the Code of Conduct will not be expunged.

Transcript Notations

The College will note “Ineligible to Register” on a student’s official transcript if a student is suspended or expelled from the College. In cases of suspension, the notation will remain on the official transcript during the period of suspension only. If a student is expelled, the notation will remain on the official transcript permanently.  In addition, if the student attempts to enroll at another institutions, the Dean of Students will respond truthfully, consistent with FERPA, to the other institution’s verification of status request.

Student Conduct Requirements Related to Commencement and Graduation

Students must be in good conduct standing to participate in commencement or to graduate from the College. “Good Conduct Standing” means that a student is not:

• Currently subject to sanctions arising from the Student Conduct Process, the Civil Rights Policy, or the Academic Standard Committee that include: a sanction of suspension, delay of graduation, or a specific sanctions statement that the student shall not be in Good Conduct Standing until such sanctions haven been satisfied, or
• Subject to a conduct “Charge” under the College’s Student Conduct Process or a referral to the Academic Integrity Procedures that could result in suspension or dismissal if the student is found responsible.

Refer to Policies Related to Graduation Requirements and Participation in Commencement for detailed information, including possible exceptions to the above.

Continuation of Process if Respondent Withdraws

If a student withdraws while this Process is pending, the College reserves the right to complete the Process (or any portion of the Process) despite the student’s withdrawal. If the College elects to defer the Process while the student is no longer enrolled, the student will be ineligible to register at the College until the Process is completed. In such cases, the College will record “Ineligible to Register” on a student’s official transcript.

3. Reporting Alleged Misconduct & College Response Reporting

If someone suspects a student has violated the Student Code of Conduct , they can report it to the Dean of Students Office (DOS). The College itself may also act as the Complainant. Reports should be submitted in writing to the DOS, or reports can be made through the College’s reporting portal.  It is important to note that the College’s ability to respond to anonymous reports may be limited depending on the quality of the information provided.

It’s important to report incidents promptly to allow the College to respond effectively and prevent future misconduct. Reports involving individuals who have graduated or left the College may still be investigated. However, the College cannot initiate the Student Conduct Process for individuals who have already graduated. If a Respondent leaves the College with a pending complaint, they cannot return until the complaint is resolved through this Process.

The College may respond to alleged student misconduct in three ways, detailed below. The DOS will evaluate the context and seriousness of the alleged misconduct to determine the appropriate disciplinary response warranted. As more facts emerge, the DOS may move a case from one response category to another, notifying the parties of any changes.

Conduct Warning

A Conduct Warning is used to respond to minor violations of College policy for which a warning or other minor disciplinary response is needed. These are often first-time violations; however, depending on the seriousness of the alleged misconduct, a more significant response may be appropriate, even for a first-time violation. Examples of first-time violations that could be considered for a Conduct Warning include but are not limited to: underage possession or consumption of alcohol, excessive noise, riding a motorized scooter on the interior of campus, or minor housing policy violations such as removing furniture from a lounge or violations of the Guest Policy.

When the College determines a Conduct Warning is appropriate, a Conduct Administrator will send the student a letter notifying them of the alleged misconduct and the relevant College policy. In addition to a warning, other educational sanctions or responses to the student’s conduct may be communicated in the letter as an appropriate (e.g., educational sanctions, restitution, apology letter, etc.).

While a meeting with the Conduct Administrator isn’t generally mandatory, students can request one if they feel the warning or other sanctions are unwarranted or if they dispute that the conduct occurred.

A Conduct Warning is maintained in the student’s disciplinary record but is not reported to other campus officials or external entities (e.g., graduate school admissions) that requires disclosure of conduct matters.

Conduct Conference

A Conduct Conference addresses more serious alleged misconduct that significantly impacts the community or involves repeat violations of College policies. Examples could include hosting unregistered social events, serious alcohol offenses, possession of marijuana, having unregistered animals on campus, or failing to comply with College officials, including but not limited to Dean of Students staff, TCCS Campus Safety, CMC Public Safety, and resident assistants.

When the College determines a Conduct Conference is necessary, the Dean of Students (DOS) assigns a Conduct Administrator. The Administrator notifies the Respondent via email, explaining the alleged misconduct and the need for a Conduct Conference to resolve the issue. This letter also specifies the Student Code of Conduct  or relevant College policy involved. An intake meeting with the Respondent may precede the issuance of a formal Conduct Conference notification letter and the Conduct Conference.

The purpose of the conference is to understand the situation from the Respondent’s perspective, evaluate the alleged misconduct, discuss any incident reports, and determine whether the Respondent is responsible for the alleged misconduct. Upon gaining more information about the matter, the Conduct Administrator may amend the alleged violations (add, delete, modify the charges) or change the response category, and notify the parties in writing.

At any time, the Respondent can accept responsibility for the violations and proceed directly to sanctions. In doing so, the Respondent waives any right to appeal.

If found responsible, the Conduct Administrator discusses the impact of the conduct with the Respondent and outlines future expectations. Sanctions (Section 5) are assigned based on this discussion and, if needed, in consultation with other Conduct Administrators. Suspension and expulsion are not available as sanctions in a Conduct Conference.
 
Within two business days of their decision, the Conduct Administrator informs the Respondent and Complainant in writing of the outcome and describes the parties’ right to appeal the finding of responsible or not-responsible (Appeals described in Section 6). Sanctions are not appealable.

Conduct Investigation and Review

Conduct Investigation and Review (CIR) is used for the most serious cases, those that are complex, involve multiple parties, or have caused significant disruption to the College. Examples include but are not limited to physical harm or threats, major property damage, violations of fire policies, and drug distribution. Suspension or expulsion are possible sanctions in CIR cases.

At any point during the Conduct Investigation and Review, a Respondent may accept responsibility for the identified policy violation(s) and proceed directly to Sanctions. In doing so, the Respondent waives any right to appeal.

To ensure fairness, the Complainant, Respondent, and witnesses should not discuss the case during the Process. Community Representatives should refrain from discussing the case among themselves or with participants, except as allowed during the Hearing and deliberations.

4. Conduct Investigation and Review

When the Dean of Students (DOS) determines an incident requires a Conduct Investigation and Review (CIR), a Conduct Administrator will be assigned, and the Respondent will receive written notification of the process initiation and the alleged policy violations. An intake meeting with the Respondent may precede the issuance of this formal CIR notification letter. An internal or external Investigator will be appointed by the Conduct Administrator to conduct a fair, impartial, and timely investigation. The choice of Investigator depends on factors such as the parties involved, the complexity of the complaint, and the need to avoid conflicts of interest. The Investigator, in consultation with the Conduct Administrator, will set a timeline and plan for the investigation.

A Review Panel (the “Panel”) will be appointed by the Conduct Administrator, consisting of three Community Representatives chosen from a trained pool of faculty, students, and staff. Faculty members in the pool are selected by the Vice President for Academic Affairs for two-year terms and may be reappointed. Students (juniors or seniors) in the pool are chosen by the Dean of Students Office through an application process. Staff in the pool are invited by the Vice President for Student Affairs.

The Conduct Administrator will notify the parties of the Panel members, who are selected based on the nature of the complaint and their availability. If a party objects to a Community Representative due to a conflict of interest, they must notify the Conduct Administrator and describe the potential conflict of interest in writing within two business days. The Conduct Administrator will decide on the objection promptly and notify the parties, accordingly, appointing a new member if necessary.

Preliminary Investigation Phase

The Investigator, with input from the Conduct Administrator, will create an investigation plan. They will then conduct a Preliminary Investigation based on the reported facts and information gathered, including collecting evidence as reasonable and appropriate, and conducting interviews with the Complainant, Respondent, and witnesses. The Investigator will prepare a written summary of each interview and send it to the witness for a review of accuracy. Unless the witness requests additional time, the witness statement will be deemed accurate if the witness does not provide feedback on the statement within two business days of the Investigator sending it to the witness.

The Complainant, Respondent, and any witnesses are expected to respond to the Investigator’s request to schedule an interview or to provide other evidentiary materials within a timely manner, generally within three business days of the Investigator’s request. If a party or witness fails to respond in a timely fashion, the Investigator may continue the investigation without the benefit of this information.

Once the Investigator and Conduct Administrator agree the Preliminary Investigation is complete, a Preliminary Investigation Report will be prepared. This report includes:

• A summary of the incident, alleged policy violations, the Complainant’s allegations, and the Respondent’s responses;
• The witness summary statements;
• Descriptions of relevant evidence;
• Descriptions of relevant undisputed facts; and
• Descriptions of the relevant disputed facts.

The Conduct Administrator will inform the parties when they have approved the Preliminary Investigation Report and it is ready for review. Parties will be given secure access to confidentially view the report. The parties (nor anyone on their behalf) may not copy, remove, photograph, print, image, videotape, record, or in any other manner duplicate or remove the information provided.

Response to Preliminary Investigation Report

The parties will generally have three business days to review the report and submit a written request outlining any additional investigation steps they believe are necessary. These could include:

• Asking follow-up questions to witnesses, the Complainant, or the Respondent.
• Requesting a follow-up interview with the Investigator to clarify or provide more information relevant to the investigation.
• Identifying any new witnesses who should be interviewed (including a description of what topics/issues the witness should be asked to address and why this is necessary for the investigation);
• Describing any additional evidentiary materials that they think should be collected and reviewed, to the extent that such items are reasonably available (e.g., text messages, social media postings, etc.), understanding that the Investigator lacks the power to subpoena evidence; and
• Objecting to any information that the party believes was inappropriately included in the Preliminary Investigation report.

The Investigator, with input from the Conduct Administrator, will review these requests and create a Final Investigation Plan to be shared in writing with the parties. The Plan will outline approved investigatory steps and explain any denied requests.

Appeals regarding the Investigator’s decisions in the Final Plan are limited to specific grounds and timing outlined in the Appeals section (Section 6). The Respondent can appeal the finding after sanctions, and the Complainant (including the College) can appeal after a finding of No Responsibility.

Final Investigation Phase

The Investigator will then complete any approved investigatory steps outlined in the Final Investigation Plan and will edit the Preliminary Investigation Report and investigation materials accordingly. The Investigator will maintain both the original text and edited investigation materials and will keep the Conduct Administrator informed on the status of the additional investigation steps.

After the Investigator and Conduct Administrator determine that the final investigation is reasonably complete, (approved investigation steps are completed and objections have been addressed), the Preliminary Report becomes the Final Investigation Report, and the Conduct Administrator schedules the Investigation Review Meeting as described below.

The Conduct Administrator will provide confidential access (such as a protected, “read-only” posting to a secure web portal) to the parties to view the Final Investigation Report once it is approved and available to review. The parties (nor anyone acting on their behalf) may not copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided in the Final Investigation Report.

The Parties and Panel will generally have five business days to review the Final Investigation Report.

Scheduling the Investigation Review Hearing

The Conduct Administrator will schedule an Investigation Review Hearing and notify the Parties and Panel in writing of the date, time, and location. The Hearing will usually take place within three to five business days after the Final Investigation Report review period. All parties, including the respondent and potential witnesses, are strongly encouraged to make themselves fully available and participate in the Review Hearing. The Investigator must be available during the Hearing and may be called as a witness. Efforts will be made to minimize disruptions to the Parties’ academic schedules.

Conduct Investigation Review Hearing

Hearing conforms to the standards for fairness, neutrality, and equality, as well as to address any procedural questions that may arise.

The purpose of the Hearing is for the Panel to make findings of fact on disputed facts and determine if a Policy violation occurred based on the facts the Panel determined to have occurred. Decisions are made by a simple majority of the Panel. 

The Hearing will follow the sequence set forth below. The Conduct Administrator will adjust the sequence, if needed, based on parties’ participation.

• The Conduct Administrator will make opening introductions and explain the scope, purpose, and rules of the Hearing.
• The Panel will question the Complainant. After the Panel questions the Complainant, the Respondent may ask questions of the Complainant.
• The Panel will then call witnesses in order of their choosing (may be subject to witness’ availability).
• The Panel will question the Respondent. After the Panel questions the Respondent, the Complainant may ask questions of the Respondent
• The Complainant will have five (5) minutes to give an oral closing statement.
• The Respondent will have five (5) minutes to give an oral closing statement.
• The Conduct Administrator will adjourn the Hearing. The parties will then be excused from the Hearing.
• The Panel will deliberate in confidence. The Conduct Administrator will be present during deliberations to answer procedural questions that may arise and to ensure that the deliberations are conducted appropriately.

The College reserves the right to audio record the Hearing (excluding the deliberations). If the Hearing will be recorded, the Conduct Administrator will notify the Parties and will maintain the recording with the case file consistent with the record retention guidelines outlined in this Process. The Parties are not permitted to record the hearing.

Location of the Hearing

Generally, the hearing will take place in person; however, if requested and appropriate, the Conduct Administrator can arrange for either or both parties to participate in the Hearing remotely or without being in the same room as the other party, while still allowing both parties to hear and participate fully in the proceedings.

Deliberations

questions and ensure deliberations are conducted appropriately. Each Community Representative has one vote, and a majority vote is needed to find a Respondent responsible for misconduct.

The Panel will accept or reject the Investigator’s recommended findings of fact and then determine if the information suggests it is more likely than not that the conduct occurred and that it constitutes a violation of policy. The Panel can only find a Respondent responsible based on the preponderance of the evidence standard.

Outcome Notice and Sanctioning

The Conduct Administrator will generally notify each party of the outcome within three business days following the Hearing. The written decision must include a description of the facts found by a preponderance of the evidence to have occurred and an explanation as to how the facts show by a preponderance of the evidence that a violation of College policy occurred.

If the Respondent is found responsible for a policy violation, the Conduct Administrator will inform the parties in writing that the case is being referred to a Sanctioning Officer, who is authorized by the College to assign sanctions. Sanctioning Officers can include Conduct Administrators, the Vice President for Student Affairs, or other senior College officials.

The Complainant and Respondent may submit a Consideration of Sanctions Statement within three business days of receiving the outcome notice, outlining what they believe to be reasonable and appropriate sanctions for the finding.

Within six business days following the submission period for the consideration of sanctions statement, the Sanctioning Officer will decide on sanctions, which will be communicated to the parties.

Sanctions

The Conduct Administrator (for Conduct Warning or Conduct Conference) or the Sanctioning Officer (for Conduct Investigation and Review) may assign any one or more of the following sanctions to a student found responsible for violating the Student Code of Conduct   or other College policy. Sanctions not listed may be imposed with the DOS’s approval. To determine appropriate sanctions, the Sanctioning Officer will review the case record, the Consideration of Sanctions statement(s), and the student’s prior conduct history, including academic dishonesty.

Sanctions are structured to end the misconduct, prevent its recurrence, and remedy its effects on the Complainant and the College community. Sanctions vary based on the severity of the offense and the student’s prior conduct.

Sanctions cannot be appealed.

• Restitution:  Reimbursement by the Respondent(s) to the College, another Claremont College, the Claremont University Consortium, the Complainant(s), or a member of the Claremont colleges community to cover the cost of property damage or other loss.
• Restorative Practices Reflection Assignment:  An opportunity to reflect in writing on the impact of the student’s behavior, ways to avoid transgressions in the future, and lessons learned as a result of the conduct process.
• Fine:  A monetary penalty assessed as appropriate to the violation, generally reserved for fire safety violations.
• Service Hours:  A defined number of work hours the Respondent must complete on or off campus.  The assigned Conduct Administrator or Sanctioning Officer will determine the nature of the work to be performed.
• Educational Program/Project:  Programs and activities designed to help the Respondent become more aware of College policies and help the Respondent understand the inappropriateness of their behavior, including, but not limited to, participation in an educational program or completion of an online program.
• Referral for Counseling:  A referral for an assessment with an appropriately trained therapist and a mandate to follow any recommendations resulting from the assessment.
• Loss of Privilege(s):  Denial of specific privilege(s) for a defined period of time. Privileges include, but are not limited to, participation in extra-curricular activities and events such as social events, intercollegiate athletics, intramural programs, student organizations, and student government, as well as the privilege of living on campus, living in a specific residence hall, participation in commencement ceremonies, or having a vehicle on campus.
• Restricted Access: Conditions which specifically dictate and limit the Respondent’s presence on campus and/or participation in College-sponsored activities.  The restrictions may include, but are not limited to, presence in certain buildings or locations on campus or a no contact order.
• Removal of Offending Cause:  Requirement to remove identified property or item (i.e. pets, stereos, speakers, etc.)
• Relocation/Loss of Housing:  Requirement that the Respondent relocate to another residence hall, or move off-campus, by a specified date.
• Conduct Warning:  Written warning in response to minor violations of College policy that is maintained in the student’s disciplinary file.
• Conduct Probation:  Formal, written notice that the Respondent’s behavior is in violation of the Student Code of Conduct  and/or other College policy and an expectation that the Respondent exhibit good behavior for a defined period of time.  Any violation during the probationary period will result in increased sanctioning and may result in suspension or expulsion from the College.
• Suspension:  Separation from the College for a defined period of time, typically one or more semesters.  During the suspension period the student is not: permitted on College owned or affiliated properties for any reason without prior written permission of the DOS. The suspended student is also not permitted to participate in any College-sponsored or affiliated event, program or activity; will not receive credits for classes in progress and is not permitted to earn any academic credits towards their degree, unless an exception is granted. The terms of the suspension may include the designation of special conditions affecting eligibility for re-enrollment or special conditions to be in effect upon re-enrollment, including a term of Conduct Probation. A student who completes all required sanctions will be welcomed back to the College at the end of the suspension period. Violation of the conditions of Suspension or of College policies or regulations during the period of Suspension may be cause for further disciplinary action, normally in the form of Expulsion.
• Expulsion:  Permanent separation from the College.  A Respondent who has been expelled is not permitted on campus and is not permitted to participate in any College-sponsored or affiliated program or activity.

While sanctions are not appealable, the notice of sanctions will inform the Respondent of their right to appeal the finding of responsibility.

5. Appeal Procedures

Appeals are confined to a review of the Appeal Record (as defined below). They are not a de novo hearing. In a request for Appeal, the burden of proof lies with the party requesting the appeal, as the original determinations and any findings of fact are presumed to have been decided reasonably and appropriately.

The Complainant and Respondent have a limited right to appeal the finding of responsibility or non-responsibility of a Conduct Conference or a Conduct Investigation and Review. The party who submits an appeal is the Appellant, and the responding party is the Appellee. An appeal is not allowed simply to express dissatisfaction with the outcome. Instead, the grounds for appeal are limited to the following categories:

• Procedural Error:  A significant mistake in the process that affected the outcome (e.g., bias or deviation from procedures). The error and its impact must be detailed in the appeal.

• New Information: New evidence that was not available before the decision, or information wrongly excluded, that could have affected the outcome. Known but previously unpresented information is not considered new.

Appeals of the finding must be filed within three business days of the outcome notice.

The DOS shares the appeal request with the opposing party (the Appellee), who has three business days to write a response statement. Both the appeal and response must be no more than 10 pages unless a waiver is granted prior to the submission deadline. Late submissions are not accepted.

The DOS will refer the appeal and response, along with the case record (the “Appeal Record”), to an Appeal Officer, typically the Vice President of Student Affairs or a Conduct Administrator not involved in the original case. The Appeal Officer decides if the appeal has valid grounds.

If the Appeal Officer determines that the Request for Appeal shows a Procedural Error that significantly impacted the relevant finding, the Appeal Officer will return the complaint to the DOS with instructions to correct the error and to reconvene the Conduct Conference or Conduct Investigation and Review to reconsider the findings as appropriate. In rare cases where the procedural error cannot be corrected (as in cases of bias), the Appeal Officer will order a new investigation with a new Investigator. The results of a reconvened Conduct Conference or Conduct Investigation and Review can only be appealed on the grounds of procedural error as described above.

If the Appeal Officer determines that the Appeal shows New Information (or previously excluded evidence) that should have been considered, the complaint will be returned to the DOS, who in turn will provide the information to the Conduct Administrator for reconsideration or direct the Investigator to draft a new Final Investigation Report in light of the new or previously excluded information only. The findings of the reconvened Conduct Conference or Conduct Investigation and Review are not appealable. The Appellant and Appellee will be notified of the appeal outcome within eight business days of the response statement. The Appeal Officer’s decision is final.

While the appeal is in process, the Respondent’s enrollment status with the College remains the same. Sanctions won’t take effect until the appeal is decided.