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The Process for Adjudicating Cases
The College’s system of student conduct is organized and administered so as to assure that the standards of social responsibility and accountability to the community are maintained and that students as well as faculty and staff assume important roles in this endeavor.
The Office of the Dean of Students is responsible for the administration of the student conduct and disciplinary process.
The Office of the Dean of Students will review all claims of alleged violations of conduct. Possible violations of the Colby’s Code of Student Conduct are brought to the attention of the Conduct Officer. The Conduct Officer assesses the nature of the violation, investigates allegations and:
1. Ensures that the matter is handled fairly and without unnecessary delay.
2. Determines the appropriate body for adjudication, or dismisses the allegations based on the evidence.
3. Maintains appropriate and necessary records.
When determining that the allegations of misconduct have merit, the Conduct Officer does one of the following:
1. Resolves the question of misconduct through alternative means (e.g. mediation).
2. Conducts an Administrative Hearing.
3. Refers the matter to the Student Conduct Board.
Students will receive in writing (electronically or in hard copy) a notification of the charges being brought against them. The formal hearing will take place no sooner than one week from the date a student is notified that they are to appear before a hearing board. The Conduct Officer and/or a member of the Student Conduct Board (a facilitator) will schedule a time to meet with the student to review the charges and to explain the procedures for a hearing. The accused student shall have viewable access to information (e.g. incident reports and witness statements) related to the charges during this (these) meeting(s). Copies of this information remain the property of the College and will not be distributed to the accused student.
Students have the right and the responsibility in all hearing venues to respond to allegations of violations of the Code of Student Conduct. However, by choosing to remain silent or not appear, the accused student may, nevertheless, be found responsible and face sanctions if the circumstances warrant.
While the types of cases they hear vary, all College hearing bodies function similarly, in that they give the student the opportunity to respond to the charges, determine whether the implicated student or group should be held responsible for the alleged violation, and, when appropriate, assess appropriate sanctions. To maintain standards of consistency and equity in the application of College standards, the Conduct Officer oversees the entire system of conduct. The Conduct Officer assembles the materials and evidence presented to the Board, prepares the students subject to hearings before the Board, and maintains records of every hearing.
Referral to Hearing Body The Conduct Officer generally refers alleged violations of the Code of Student Conduct to an appropriate College hearing body. Most violations that may result in sanctions no more severe than probation are resolved in an Administrative Hearing with the Conduct Officer. The Student Conduct Board shall conduct all hearings involving violations that could result in a sanction of suspension or expulsion. As such, violations of a more serious nature, including but not limited to cases of sexual misconduct or assault, group misconduct, or violations by students with lengthy disciplinary records will likely require a hearing before the Conduct Board. However, in cases where there is no significant dispute of the facts related to the case, or in certain unusual cases (e.g. when the College is not in session and the hearing body cannot be assembled within a reasonable period of time; or where the disciplinary violation is so severe that the safety of the College community requires immediate disciplinary action), the Conduct Officer may impose sanctions independently of the Student Conduct Board.
Action in Courts Colby expects all students to comply with Federal, State, and local laws. While the activities covered by the laws of the larger community and those covered by Colby’s rules may overlap, it is important to note that the community’s laws and Colby’s rules operate independently and that they do not substitute for each other. Colby may pursue enforcement of its own rules whether or not legal proceedings are underway or in process and may use information from third-party sources, such as law enforcement agencies and the courts, to determine whether College rules have been broken. Conversely, the College makes no attempt to shield members of the Colby community from the law, nor does it intervene in legal proceedings against a member of the community. Membership in the Colby community does not exempt anyone from local, state, or federal laws, but rather imposes the additional obligation to abide by all of Colby’s regulations. The College may at its discretion involve the police in incidents involving one or more Colby students, particularly where involving the police is deemed necessary for overall campus safety.
Student Disciplinary Procedures