Rockford College Student
Codes
Student Code of Conduct
Hearings and Appeals
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GENERAL INFORMATION
Questions concerning these policies should be forwarded to either the Vice President for Academic Affairs or the Chief Student Life Officer.
The College reserves the right to suspend or dismiss a student for violation of its policies or regulations or for conduct inimical to the best interest of the College or to other students in attendance.
STATEMENT OF PHILOSOPHY
Rockford College provides an educational program that endeavors to help all students develop full use of their capabilities and become creative and constructive members of society. The broad range of studies enables students to gain an understanding of themselves and society, of the natural universe and of the arts and humanities. Rockford College also offers a diversified program of co-curricular activities to give students many informal opportunities to augment, test and apply the knowledge gained in classrooms, libraries and laboratories. The College hopes to engender in all students concern for truth, respect for fact and joy in learning. Rockford College nurtures in students a belief in the inherent dignity and worth of each individual. It helps students discover the attitudes and conduct appropriate in a free society and essential to creating mutual trust among people, communities and nations. Rockford College proposes to all students the importance of finding significance in life in spiritual, creative and intellectual terms and the necessity of developing a set of ethical values to guide personal conduct.
STUDENT RIGHTS AND RESPONSIBILITIES
Rockford College expects reasonable conduct by every student who is a member of its community. To further this objective, and to recognize students as members of the Rockford College community, the College has adopted the following.
1. Rockford College will not discriminate against individuals on the basis of race, color, sex, sexual orientation, religion, age, national or ethnic origin, political beliefs, or veteran status, nor will it discriminate on the basis of disability unrelated to occupational or curricular requirements. The College expects all with whom it deals to comply with all applicable anti discrimination laws.
2. Students are expected to understand and abide by the College’s conduct codes and policies.
3. All students and employees of the College are responsible for reporting alleged violations of the Codes of Conduct to the appropriate College official.
a. Reporting allegations of academic infractions - Alleged violations of the academic honor code are to be reported to the Office of Student Affairs (Chief Student Life Officer or Director of Student Development). Charges shall be prepared in writing and submitted as soon as possible after the event takes place, preferably within 20 days of the event.
b. Reporting allegations of behavioral infractions - Alleged violations of behavioral and related policies are to be reported to the Office of Student Affairs (Chief Student Life Officer, Director of Student Development, Resident Life Staff). Charges shall be prepared in writing and submitted as soon as possible after the event takes place, preferably within 20 days of the event.
4. Students are expected to uphold worthy standards of personal conduct and to recognize the principles and obligations of good citizenship.
5. Students are expected to participate fully in the academic and social programs of the College.
6. Students will have their views and welfare considered in the formation of College policy. They will be consulted or represented on College councils and committees that affect them as members of the College community.
7. College community members are responsible for their guest's behavior on campus. Community members should not be involved in any act which might be construed as aiding or abetting another person in a violation of the Code. Any guest found responsible for violating College policy may be subject to removal and restriction from College property.
8. Students shall be evaluated according to stated course objectives and requirements, not on personal or political beliefs.
9. Students have the right to express reasoned and non-disruptive exception to information presented or views offered in any course. However, they are responsible for learning the content of courses and for demonstrating stated competencies for courses and programs in which they enroll.
10. Students are responsible for maintaining standards of academic performance established for each course in which they enroll.
11. The educator-student relationship within a learning environment is confidential, and disclosure of a student's personal or political beliefs expressed in connection with course work will not be made public without the explicit permission of the student.
12. Students shall be informed of all rules, rates, and regulations deriving from contractual arrangements with the College before signing any such contracts.
13. Students will be secure against any unreasonable invasion of privacy, search, or seizure, but are responsible for compliance with all College regulations.
14. Students are free to use College facilities for meetings of registered and officially recognized organizations, subject as to time and manner governing the facilities, as per College policy.
15. Students' records may be released only according to the provisions of the Family Educational Rights and Privacy Act (FERPA) and Public Law 93-380.
16. Students are free, individually or in association with other individuals, to engage in non-College-sponsored activities, provided they do not purport to represent the College.
17. Students will have their views and welfare considered in the formation of College policy. They will be consulted or represented on College councils and committees that affect them as members of the College community.
18. Students are free to assemble, to demonstrate, to communicate, and to protest, recognizing that freedom requires order, discipline and responsibility and further recognizing the right of faculty, staff, administration, and other students to pursue their legitimate goals without interference.
19. Students will be exempt from disciplinary action or dismissal from the College except for poor academic performance, lack of reasonable progress, failure to pay College debts, or violation of student or College rules and regulations.
20. Students are free to be present at the College and to attend classes pending action on criminal or civil charges, except for reasons relating to their physical or emotional safety and well-being, or for reasons relating to the safety and well-being of students, faculty, staff, or College property. Students are subject to local, state, and federal statutes.
21. Like all members of the College community have the responsibility to conduct themselves in a way that does not violate the rights, property, and freedoms of others.
22. Students have the right to establish and maintain a duly-constituted student government, associations, and organizations.
23. The membership, policies, and actions of a student organization usually will be decided by vote of those persons who hold bona fide membership in the College community.
24. Affiliation with an extramural organization will not of itself qualify or disqualify a student organization from institutional recognition.
25. Student organizations, including those affiliated with an extramural organization, are open to all students without respect to race, creed, or national origin.
26. Student organizations are free to choose their own advisers; institutional recognition will not be withheld or withdrawn solely because of the inability of a student organization to secure an advisor. Advisors may advise organizations in the exercise of responsibility and should not control the policy of such organizations.
27. Students and student organizations are free to examine and discuss all questions of interest to them, and to express opinions publicly and privately. They are free to support causes by orderly means that do not disrupt the regular and essential operation of the College. However, such actions and expressions do not represent the College, but belong to the students or student organizations.
28. Students may invite and hear speakers of their own choosing provided the routine procedures for securing events and activities are followed and the sponsoring student or student organization make clearly that the views expressed by the speaker does not necessarily imply approval or endorsement of the views expressed, either by the sponsoring group or by the College.
29. Editorial freedom in student publications and media shall be governed by the following guidelines.
a. Students shall be governed by the canons of responsible journalism, such as the avoidance of libel, indecency, undocumented allegations, attacks on personal integrity, and the techniques of harassment and innuendo.
b. The student press shall be free of censorship and advance approval of copy. Editors shall be free to develop their own editorial policies and news coverage.
c. All College published and/or financed student publications should explicitly state on the editorial page that the opinions there expressed are not necessarily those of the College or the student body.
d. Editors shall be protected from arbitrary suspension and removal because of student, faculty, staff, administrative or public disapproval and editorial policy or content. Only for proper and stated causes shall editors be subject to removal and then by orderly and prescribed procedures and by that proper agency responsible for their appointment.
The Academic Honor Code, enacted more than a century ago, is a code of personal responsibility accepted by the students of Rockford College, which demands absolute integrity in all academic relationships. It attempts to prevent students from gaining an unfair advantage in classes and to guarantee students that they will have an equal opportunity with others in completing requirements for any course.
It is important for students to realize that the primary responsibility for making the Honor Code work is in their hands. Although a faculty member may initiate an action against a student who is suspected of violating the Honor Code, the main responsibility for enforcing the Honor Code rests with the students.
A student's matriculation at Rockford College implies understanding and mandates acceptance of the Academic Honor Code. No formal written agreement is required, and this acceptance is binding.
In most instances, students take examinations without the supervision of a faculty member. If the faculty member remains in the room during an examination, it is solely for the convenience of students who may wish to ask questions.
It is understood that any assignments students present to instructors are their own work and that they will not permit their work to be copied by others. The materials, methods, and permissible extent of collaboration vary from course to course; consequently, instructors are expected to provide explanations in all courses, and students should be guided by these interpretations. Adherence to the principles of academic honesty does not mean that students may not help one another, as long as the help is constructive; it does mean that they should not do others' work for them.
If students or faculty members observe what they believe to be violations of the Academic Honor Code, it is their responsibility to confront the violators immediately and ask them to report the matter to the Chief Student Life Officer to discuss the matter. If, after a reasonable amount of time (usually about 24 hours), the confronted students do not report to the Chief Student Life Officer, it is the responsibility of the students or faculty members observing the suspected violations to report them to the Vice President.
The Academic Honor Code applies to plagiarism, cheating, and the academic regulations of Computer Labs and Library services. Academic dishonesty shall include but not be limited to:
1. cheating, plagiarism, or other forms of academic dishonesty (as defined by the Department of English of Rockford College, immediately following);
2. plagiarism theft, destruction, or severe mutilation of College academic material which leads to denying their use to other members of the College constituency;
3. any form of cheating on examinations, including but not limited to:
a. use of "crib" (defined as any device for carrying answers into an examination);
b. oral transmission of information either given or received during an exam period;
c. reading the answers of others;
d. hiding pertinent information at another location to study during ostensible fountain or washroom breaks;
e. intent observation of others' work for hints on materials or technique during a laboratory test without the consent of the instructor;
f. obtaining part or whole copies of the exam without consent of the instructor;
g. buying or procuring previous exams given in the course without the consent of the instructor;
4. presentation of material which has been prepared by another person or organization as one's own material;
5. fraudulent processing of one's attendance at required College functions (e. g. Forum Series);
6. furnishing false information to any college official, faculty member or office;
7. forgery, alteration, or misuse of any college document, record, or instrument of identification;
8. tampering with the election on any college-recognized student organization.
On Plagiarism, Use of Quotations, and Related Matters of Academic Honesty
Colleges and universities have always been plagued by the fact that students from the freshman to the graduate school level reveal an incomplete understanding of certain very basic matters connected with the writing of research papers. This explanation is given to the students of Rockford College in order to clarify some of these points and to forestall claims of innocence based on ignorance of the matter mentioned in the title above.
What is Plagiarism?
To plagiarize is to steal and present as one's own the ideas or words of another. If students deliberately copy the exact words of a clause, sentence, or paragraph written by another without enclosing these words in quotation marks and citing their source (in a footnote or in some other appropriate manner), they are guilty of plagiarism. It goes without saying that plagiarism is a thoroughly blameworthy action for College students or any other scholars.
A frequent problem arises with students who change some of the words, or perhaps even rearranges the sequence of the clauses in the material they are using. So proceeding, they may feel that they have done a legitimate job of paraphrasing. But have they? What is permissible and what is not?
What is Paraphrasing?
To paraphrase is to restate the meaning of a passage or work in other words. In general, the procedure for paraphrasing is this: Students should read the material to be paraphrased as often as they need in order to grasp the substance of the writer's idea. Then, without referring to the source, they should write their own statement of the idea. Finally, they should check their version against that of the source in order to be sure that: 1. they have not unconsciously reproduced the author's words, and 2. they have accurately represented the thought of the source. Then they should cite the source. THE MERE FACT THAT THEY HAVE NOT QUOTED DOES NOT ABSOLVE THEM FROM GIVING CREDIT FOR THE IDEA. The following examples will clarify the matter further. The first is an exact quotation properly footnoted:
"By the summer of 1929, prices had soared far above the stormy levels of the preceding winter into the blue and cloudless empyrean. All the old markers by which the price of a promising common stock could be measured had long since been passed; if a stock once valued at 100 went to 300, what earth was to prevent it from sailing to 400? And why not ride with it for fifty or a hundred points, with Easy Street at the end of the journey?"
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1 Frederick Lewis Allen, "Only Yesterday" (New York: Blue Ribbon Books, 1983), p. 309.
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Of course, it would be plagiarism to copy all or part of this quotation without using quotation marks and without citing the source. It would also be plagiarism to "doctor" the original passage as in the following "paraphrase":
The summer of 1929 saw prices soaring into the blue and cloudless firmament--high above the turbulent levels of the preceding winter. All the old markers which could be used for measuring the price of a promising common stock had been passed long ago. If a stock which had been valued at 100 rose to 300, what in the world could stop it from going on up to 400? Why not stay with it for another fifty or hundred points, with Easy Street at the end of the ride?
Obviously, the author of this second example did nothing but modify a few clauses and break one sentence in two. Compare it with the first example, the passage quoted directly from Allen's book, and you will see what one obvious example of plagiarism looks like. Suppose a student writer had footnoted this second example and had even stated that it represented a close paraphrase; would it then be acceptable? The answer is NO! Technically, it would not be plagiarizing, but the procedure would represent very poor scholarship.
How then, would one properly paraphrase Mr. Allen's paragraph? The following is one out of many possible examples:
The rising temperatures in the summer of 1929 had their counterpart in the stock market. Indeed, stock prices reached unprecedented levels. By all standards of measurement, stocks were greatly overvalued, but they were still rising and it appeared to many that they would continue to rise. Many could not resist the temptation to buy in the hope of making fabulous profits.
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1 Frederick Lewis Allen, "Only Yesterday" (New York: Blue Ribbon Books, 1983), p. 309.
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The author of this last paragraph paraphrased the ideas and intent of Mr. Allen's paragraph without plagiarizing. The words and phrases were entirely the author's own, yet the author was careful to give Mr. Allen credit by citing his book in the footnote.
Quotations
Good scholarship requires the limited and discriminating use of quotations. Students should use quotations when there exists a need to reproduce precisely the author's position or to show that the writer's phrasing was so vivid or felicitous that students could not improve upon it. These are the major reasons for quoting. In general, do not quote without a very good reason, and do not quote very much.
The Proper Use of Paraphrasing and Quotation in Scholarship
A piece of writing based on research need not, in order to be considered scholarly, consist of a series of paraphrases and quotations. Good scholars, in fact, while they may build on the work of others, do their own thinking. Anyone can paraphrase. Students who are learning to use their native wit will show in their writing that they can analyze, interpret, and evaluate the source materials which they encounter. They will be able to make use of facts and ideas of others in a piece of writing, which is still uniquely the product of their own thought.
Related Matters
Obviously, it is a violation of the most fundamental rules of academic honesty for students to hand in as their own work what has been done for them by another individual or by a company such as the companies that sell papers, research reports, etc., on many campuses. Also, the rules of academic honesty require that students never destroy or make unauthorized use of information or data stored in a computer or other educational machine. Students should also refrain from using the same works for two or more courses without securing in advance the permission of their instructors.
Students are expected to be honest and forthright in their academic studies. Students who commit or assist in committing dishonest acts are subject to sanctions as described in this code. Faculty and students are responsible for knowing the different forms of academic dishonesty as well as for being aware of procedures to address allegations of misconduct.
It is important that each of us share the responsibility for maintaining a reputable college committed to academic excellence. Faculty are encouraged to promote academic honesty among students by including a statement in the course syllabus and by discussing issues such as cheating and plagiarism. Similarly, students should protect themselves by thoroughly studying and preparing for tests and assignments and by discouraging dishonesty among other students.
Procedures for Faculty to report allegations of academic misconduct
If a faculty member has reason to suspect that one of his/her students has engaged in academic dishonesty, the faculty member may take one of the following steps:
1. refer the matter directly to the Chief Student Life Officer within five school days of the occurrence, or:
2. confront the student regarding the matter and attempt to resolve the situation directly with the student. However, the student may request that the matter be referred directly to the Chief Student Life Officer for resolution, in which case the faculty member must do so.
If the student and the faculty member reach a mutual decision, written notification must be given to the Vice President for Chief Student Life Officer regarding the infraction and the resolution.
If the faculty member attempts to handle the matter and is unable to agree on a mutually acceptable resolution, the faculty member may refer the matter to the Chief Student Life Officer within 10 school days of the occurrence
Procedures for Students to report allegations of academic misconduct
If a student observes what has been described as academic dishonesty, the observing student must report the violation to the Chief Student Life Officer or the professor of the class in which the alleged violation has occurred within five school days of the occurrence.
If the incident has been reported to the Chief Student Life Officer, that person will contact the party(s) involved to discuss the matter. If the incident is reported to the professor and the professor is unable to reach a mutual decision with the student accused of violating the honor code, the student who observed the alleged violation needs to bring the matter to the attention of the Chief Student Life Officer.
Although the observing student does not need to confront the alleged student at the time the violation occurs, the identity of the accuser must become known before a hearing can be scheduled.
Generally, College jurisdiction and discipline shall be limited to conduct which occurs on College premises or which adversely affects the College Community and/or the pursuit of its objectives. Allegations of the Student Disciplinary Code will be resolved in accordance with the Student Hearing and Appeal System.
Any student found to have committed the following misconduct is subject to the disciplinary sanctions outlined below:
1. Acts of dishonesty, including but not limited to the following:
a. cheating, plagiarism, or other forms of academic dishonesty (as defined above by the Department of English;
b. plagiarism theft, destruction, or severe mutilation of College academic material which leads to denying their use to other members of the College constituency;
c. any form of cheating on examinations, including but not limited to:
i. use of "crib" (defined as any device for carrying answers into an examination);
ii. oral transmission of information either given or received during an exam period;
iii. reading the answers of others;
iv. hiding pertinent information at another location to study during ostensible fountain or washroom breaks;
v. intent observation of others' work for hints on materials or technique during a laboratory test without the consent of the instructor;
vi. obtaining part or whole copies of the exam without consent of the instructor;
vii. buying or procuring previous exams given in the course without the consent of the instructor;
b. presentation of material which has been prepared by another person or organization as one's own material;
c. fraudulent processing of one's attendance at required College functions (e. g. Forum Series);
d. furnishing false information to any college official, faculty member or office;
e. forgery, alteration, or misuse of any college document, record, or instrument of identification; and
f. tampering with the election on any college-recognized student organization.
2. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other College activities, including its public-service functions on or off campus, or other authorized non-College activities, when the act occurs on College premises.
3. Physical abuse, verbal abuse, threats, intimidation, harassment, coercion and/or other conduct that threatens or endangers the health or safety of any person.
4. Attempted or actual theft of and/or damage to property of the College or property of a member of the College community or other personal or public property.
5. Hazing, defined as an act that endangers the mental or physical health or safety of a student, or which 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 (See Hazing Policy for more information).
6. Failure to comply with directions of College officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
7. Unauthorized possession, duplication or use of keys to any College premises or unauthorized entry to or use of College premises.
8. Violation of published College policies, rules, or regulations.
9. Violation of federal, state or local law on College premises or at College sponsored or supervised activities.
10. Use, possession or distributions of narcotic or other controlled substances, except as expressly allowed by law (see policy on Alcohol and Other Drugs).
11. Use, possession, or distributions of alcoholic beverages except as expressly allowed by the law and College regulations, or public intoxication (see policies on Alcohol and Other Drugs and Serving Alcohol and College-sponsored/Hosted Events).
12. Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on College premises. Participation in a campus demonstration that disrupts the normal operations of the College and infringes on the rights of other members of the College community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area; intentional obstruction that unreasonably interferes with freedom of movement, either pedestrian or vehicular.
13. Obstruction of the free flow of pedestrian or vehicular traffic on College premises or at College-sponsored or supervised functions.
14. Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on College premises or at functions sponsored by, or participated in by, the College.
15. Violation of Residence Hall Policies (See Residence Hall Policies).
16. Gambling.
17. The production of a loud noise that disturbs or disrupts the peace of others (i.e., explosion).
18. Smoking in unauthorized areas (See Smoking Policy).
19. Theft or other abuse of technology/computer time, including but not limited to:
a. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
b. Unauthorized transfer of a file.
c. Unauthorized use of another individual's identification and password.
d. Use of computing facilities to interfere with the work of another student, faculty member or College official.
e. Use of computing facilities to send obscene or abusive messages.
f. Use of computing facilities to interfere with normal operation of the College computing system.
g. Unauthorized use of facsimile machines, media equipment, phone equipment (including voicemail).
20. Abuse of the judicial system, including but not limited to:
a. Failure to obey the summons of a judicial body or College official.
b. Falsification, distortion, or misrepresentation of information before a judicial body.
c. Disruption or interference with the orderly conduct of a judicial proceeding.
d. Institution of a judicial proceeding knowingly without cause.
e. Attempting to discourage an individual's proper participation in, or use of, the judicial system.
f. Attempting to influence the impartiality of a member of a judicial body before, and/or during, the judicial proceeding.
g. Harassment (verbal or physical) and/or intimidation of a member of a judicial body before, during, and/or after a judicial proceeding.
h. Failure to comply with the sanction(s) imposed under the Student Code.
i. Influencing or attempting to influence another person to commit an abuse of the judicial system.
STUDENT HEARING AND APPEAL SYSTEM
ARTICLE I: DEFINITIONS
1. The term "College" means Rockford College.
2. The term "student" includes all persons taking courses at the College, both full-time and part-time, pursuing undergraduate, graduate, or professional studies and those who attend postsecondary institutions other than Rockford College and who reside in the residence halls. Persons who are not officially enrolled for a particular semester, but who have a continuing relationship with the College are considered "students."
3. The term "faculty member" means any person hired by the College to conduct instructional activities.
4. The term "College official" includes any person employed by the College, performing assigned administrative or professional responsibilities.
5. The term "member of the College community" includes any person who is a student, faculty member, College official or any other person employed by the College. The Chief Student Life Officer will decide whether a person is a member of the College community and in what manner a person is categorized for purposes of such incidents that fall under the Student Hearing and Appeal System.
6. The term "College premises" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College.
7. The term "organizations" means any number of persons who have complied with the formal requirements for College recognition.
8. The term "judicial body" means any person or persons authorized by the Chief Student Life Officer to decide whether a student has violated the Student Code and to recommend imposition of sanctions. A judicial body may preside over any hearings necessary to determine whether a student has violated the Student Code. The term “Academic Honor Court (formally Student Court)” is a judicial body and means any person or persons authorized by the Chief Student Life Officer to decide whether a student has violated the Academic Honor Code and to recommend imposition of sanctions. Academic Honor Courts will be composed of no more than five student voting members, no more than two faculty voting members, a judicial advisor, and nonvoting advisors as appropriate. Academic Honor Courts may be employed to preside over any hearings necessary to determine whether a student has violated the Academic Honor Code.
9. The term "judicial advisor" means a college official or appointed student, authorized on a case-by-case basis by the Chief Student Life Officer, to impose sanctions upon students found to have violated the Student Code. The Chief Student Life Officer may authorize a judicial advisor to serve simultaneously as a judicial advisor and the sole member or one of the members of a judicial body. Nothing shall prevent the Chief Student Life Officer from authorizing the same judicial advisor to impose sanctions in all cases.
10. The term "appeals board" means any person or persons authorized by the Chief Student Life Officer to consider an appeal from a judicial body's determination that a student has violated the Student Code or from the sanctions imposed by the judicial advisor.
11. The term "shall" is used in the imperative sense.
12. The term "may" is used in the permissive sense.
13. The Chief Student Life Officer is that person designated by the College President to be responsible for the administration of the Student Code.
14. The term "policy" is defined as the written regulations of the College as found in, but not limited to the Student Code, Student Handbook, College Bulletin, College web site, and program handbooks.
15. The term "academic dishonesty" is the failure to maintain academic integrity. It includes both cheating and plagiarism.
ARTICLE II: JUDICIAL AUTHORITY
1. The Chief Student Life Officer shall determine the composition of judicial bodies and appeal boards and determine which judicial body, judicial advisor, and/or appeal board shall be authorized to hear each case.
2. The Chief Student Life Officer shall develop policies for the administration of the judicial program and procedural rules for the conduct of hearings that are not inconsistent with provisions of the Student Code.
3. Decisions made by a judicial body and/or judicial advisor shall be final, pending the normal appeal process.
4. A judicial body may be designated as arbiter of disputes within the student community in cases that do not involve a violation of the Student Code. All parties must agree to arbitration, and to be bound by the decision with no right of appeal.
ARTICLE III: JUDICIAL POLICIES
1. Charges and Hearings
a. Alleged violations of behavioral and related policies are to be reported to the Office of Student Affairs (Chief Student Life Officer, Director of Student Development, Residence Life Staff). Charges shall be prepared in writing and submitted as soon as possible after the event takes place, preferably within 28 days of the event.
b. The judicial advisor may investigate to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the judicial advisor. Such disposition shall be final and there shall be no subsequent proceedings. If the charges cannot be disposed of by mutual consent, the judicial advisor may later serve in the same matter as the judicial body or a member thereof.
c. All charges shall be presented to the accused student in written form. A time shall be set for a hearing, not less than five (5) nor more than fifteen (15) calendar days after the student has been notified. Maximum time limits for scheduling of hearings may be extended at the discretion of the Chief Student Life Officer.
d. Hearings shall be conducted by a judicial body according to the following guidelines:
i. Hearings normally shall be conducted in private.
ii. Admission of any person to the hearing shall be at the discretion of the judicial body and/or its Judicial Advisor.
iii. In hearings involving more than one accused student, the chairperson of the judicial body, in his or her discretion, may permit the hearings concerning each student to be conducted separately.
iv. The complainant and the accused have the right to be assisted by any advisor they choose, at their own expense. The advisor may be an attorney. The complainant and/or the accused are responsible for presenting his or her own case (unless a disability or other factor is involved) and, therefore, advisors are not allowed to speak or to participate directly in any hearing before a judicial body.
v. In cases where a disability or other factor is involved (the Chief Student Life Officer will make all such decisions and determinations based on College ADA guidelines), a designated person/assistant will be assigned and/or approved by the College.
vi. The complainant, the accused, and the judicial body shall have the privilege of presenting witnesses, subject to the right of cross examination by the judicial body.
vii. Pertinent records, exhibits, and written statements may be accepted as evidence for consideration by a judicial body at the discretion of the chairperson.
viii. All procedural questions are subject to the final decision of the Chief Student Life Officer (or designate).
ix. After the hearing, the judicial body shall determine (by majority vote if the judicial body consists of more than one person) whether the student has violated each section of the Student Code that the student is charged with violating.
x. The judicial body's determination shall be made based on whether it is more likely than not that the accused student violated the Student Code.
e. There shall be a single verbatim record, such as a tape recording, of all hearings before a judicial body. The record shall be the property of the College and will be contained within the Office of the Chief Student Life Officer.
f. Except in the case of a student charged with failing to obey the summons of a judicial body or College official, no student may be found to have violated the Student Code solely because the student failed to appear before a judicial body. In all cases, the evidence in support of the charges shall be presented and considered, even if the student is not present.
2. Sanctions
a. The following sanctions may be imposed upon any student found to have violated the Student Codes:
i. Warning -- a notice in writing to the student that the student is violating or has violated institutional regulations.
ii. A reduced or failing grade – in cases of academic misconduct, a reduced or failing grade for the assignment or course.
iii. Probation -- a written reprimand for violation of specified regulations. Probation is for a designated time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any institutional regulation(s) during the probationary period.
iv. Loss of privileges -- denial of specified privileges for a designated period.
v. Fines -- previously established and published fines may be imposed.
vi. Restitution -- compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.
vii. Discretionary sanctions -- work assignments, service to the College or other related discretionary assignments (such assignments must have the prior approval of the Chief Student Life Officer).
viii. College suspension -- separation of the student from the College for a definite period, after which the student is eligible to return. Conditions for readmission may be specified.
ix. College expulsion -- permanent separation of the student from the College.
x. Notification on the transcript.
xi. A reduced or failing grade (for academic honor code violations only)
xii. Withdrawal of Rockford College funding.
b. More than one of the sanctions listed above may be imposed for any single violation.
c. Other than College expulsion and College suspension, disciplinary sanctions shall not be made part of the student's academic record (transcript), but shall become part of the student's confidential record housed in the Office of the Chief Student Life Officer. Upon graduation, the student's record shall be expunged of disciplinary sanctions. Two years after graduation, the student's confidential record housed in the Office of the Chief Student Life Officer, and any evidence, shall be expunged, according to the Family Rights and Privacy Act of 1974.
d. The following sanctions may be imposed upon groups or organizations:
i. Those sanctions listed above.
ii. Deactivation -- loss of all privileges, including College recognition, for a specified period.
e. In each case in which a judicial body determines that a student has violated the Student Code, the sanction(s) shall be determined and imposed by the Judicial Advisor. In cases in which persons other than or besides the Judicial Advisor have been authorized to serve as the judicial body, the recommendation of all members of the judicial body shall be considered by the Judicial Advisor in determining and imposing sanctions. The Judicial Advisor is not limited to sanctions recommended by members of the judicial body. Following the hearing, the judicial body and the Judicial Advisor shall advise the accused in writing of its determination and of the sanction(s) imposed, if any.
3. Interim Suspension - In certain circumstances, the Chief Student Life Officer, or a designee, may impose a College suspension prior to the hearing before a judicial body.
a. Interim suspension may be imposed only:
i. To ensure the safety and well-being of members of the College community or preservation of College property;
ii. To ensure the student's own physical or emotional safety and well-being;
iii. If the student poses a definite threat of disruption of or interference with the normal operations of the College.
b. During the interim suspension, students shall be denied access to College facilities (including classes) and/or all other College activities or privileges for which the student might otherwise be eligible, as the Chief Student Life Officer may determine to be appropriate.
4. Appeals
a. A decision reached by the judicial body or a sanction imposed by the Judicial Advisor may be appealed by accused students or complainants to an Appeals Board within five (5) school days of the student receiving notification of the decision. Such appeals shall be in writing and shall be delivered to the Judicial Advisor or to the Chief Student Life Officer.
b. Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes:
i. To determine whether the original hearing was conducted fairly in light of the charges and evidence presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and present evidence that the Student Code was violated, and giving the accused student a reasonable opportunity to prepare and to present a rebuttal of those allegations.
ii. To determine whether the decision reached regarding the accused student was based on substantial evidence; that is, whether the facts in the case were sufficient to establish that a violation of the Student Code occurred.
iii. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code that the student was found to have committed.
iv. To consider new evidence, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such evidence and/or facts were not known to the person appealing at the time of the original hearing.
c. If an appeal is made, an appeal board will respond within 10 school days from when the notification of appeal is received from the student. The Appeals Board will include all necessary information and time frames in its initial response to the appeal. If an appeal is upheld by the Appeals Board, the matter shall be remanded to the original judicial body and Judicial Advisor for reopening of the hearing to allow reconsideration of the original determination and/or sanction(s).
d. In cases involving appeals by students accused of violating the Student Code, review of the sanction by the Appeals Board may not result in more severe sanction(s) for the accused student. Instead, following an appeal, the Chief Student Life Officer may, upon review of the case, reduce, but not increase, the sanctions imposed by the Judicial Advisor.
e. In cases involving appeals by persons other than students accused of violating the Student Code, the Chief Student Life Officer may, upon review of the case, reduce or increase the sanctions imposed by the Judicial Advisor or remand the case to the original judicial body and Judicial Advisor.
ARTICLE IV: VIOLATION OF LAW AND COLLEGE DISCIPLINE
1. If a student is charged only with an off-campus violation of federal, state, or local laws, but not with any other violation of this Code, disciplinary action may be taken and sanctions imposed for grave misconduct that demonstrates flagrant disregard for the College community. In such cases, no sanction may be imposed unless the student has been found guilty in a court of law or has declined to contest such charges, although not actually admitting guilt (e.g., "no contest" or "nolo contendere").
2. College disciplinary proceedings may be instituted against a student charged with violation of a law that is also a violation of this Student Code, for example, if both violations result from the same factual situation, without regard to the pendency of civil litigation in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out before, simultaneously with, or following civil or criminal proceedings off campus.
3. If a violation of law that also would be a violation of this Student Code is alleged, proceedings under this Student Code may go forward against an offender who has been subjected to civil prosecution only if the College determines that its interest is clearly distinct from that of the community outside the College. Ordinarily, the College should not impose sanctions if public prosecution of a student is anticipated, or until law enforcement officials have disposed of the case.
4. When a student is charged by federal, state or local authorities with a violation of law, the College will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also the subject of a proceeding before a judicial body under the Student Code, however, the College may advise off-campus authorities of the existence of the Student Code and of how such matters will be handled internally within the College community. The College will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators. Individual students and faculty members, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.
ARTICLE V: INTERPRETATION AND REVISION