Student Code of Conduct
Student Conduct Code Policies
The college recognizes each student’s procedural right to due process, which includes providing notice setting forth alleged violation(s) of the Code, and a speedy and fair hearing/administrative meeting. An appeals process is available to students that are suspended or expelled from the college. Any member of the college community can initiate accusation of an alleged violation. If a student is referred to the Dean of Students for an alleged violation, they will receive notice of the alleged violation which will include a request for an administrative meeting with the Dean of Students, or their designee. If requested, students are obligated to respond to notification to meet, if the student does not respond, they are in violation of the Code.
Procedural Right to Due Process
Any student facing possible disciplinary action is entitled to the following procedural due process:
- To be notified of the allegations against them.
- The right to a speedy and fair hearing/administrative meeting
- To know the nature of the information against them, unless release of the information would endanger the health or safety of victim(s) or witness(es).
- To present information and/or witnesses relevant to the allegation.
- To appeal a sanction of suspension or expulsion, if applicable.
College Jurisdiction
Jurisdiction is maintained between periods of enrollment for all students. The term ”student” includes all registered Rock Valley College Students (full-time, part-time, special programs, Community/Continuing Education, Professional Education). Persons who withdraw after allegedly violating the Student Code, who are not officially enrolled for a particular term but who have a continuing relationship with the college or who have been notified of their acceptance for admission are considered “students.” This Student Code applies to all college locations, including the Main Campus, and all other off-campus sites and General Education Development (GED)/High School Equivalency (HSE), English as a Second Language (ESL), OR Adult Education, and Community/Continuing Education; and enrolled students of collaborative and partnership programs.
• Sanctions may be imposed for prohibited conduct which occurs on college premises, at off campus instructional sites (e.g., experiential coursework, internships, lab, or clinical sites), at college-sponsored extracurricular activities or events when a student serves as a representative of the college at off campus events where two or more students are involved, or in the course of using college technology or property.
• The Dean of Students, or their designee, shall determine whether the Code shall be applied to conduct occurring off campus, in accordance with the best interests of the college. Sanctions may be imposed for conduct that occurs on or off campus which substantially interferes with the college’s operation or educational programs or the safety and welfare of the college community. A substantial college interest is defined to include:
a. Any situation where it appears that the student’s conduct may present a danger or threat to the health or safety of themselves or others
b. Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder
c. Any situation that is detrimental to the educational mission and/or interests of the college
The Student Conduct Code may be applied to behavior conducted online, via email or other electronic medium. Students should also be aware that online postings such as blogs, web postings, chats and social networking sites are in the public sphere and are not private. These postings can subject a student to allegations of conduct violations if evidence of policy violations is posted online. The college does not regularly search for this information but may take action if and when such information is brought to the attention of college officials. Records maintained and/or created by a law enforcement unit of an educational institution for purposes of law enforcement are not considered “student records” under the Family Educational Rights and Privacy Act (“FERPA”) and may be released to third parties as necessary without violating FERPA. Contact the RVC Police Department on how to view law enforcement records.
Violations of The Law
1. College discipline may be imposed on students charged with an off-campus violation of federal, state or local laws even when there is no accusation of any other violation of the Code. This action is necessary to provide for the safety and welfare of the college community. Disciplinary action may be taken and sanctions imposed only for grave misconduct, which demonstrates flagrant disregard for the college community.
2. College disciplinary proceedings may be instituted against a student charged with violation of a federal, state, or local law which is also a violation of this Student Code, that is, if both violations
result from the same factual situation, without regard to pending civil litigation in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus.
3. 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 their 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 law on campus, and in the conditions imposed by criminal courts for the rehabilitation of violators who are also students. Individual students and faculty members, acting in their personal capacities, remain free to interact with governmental representatives as they consider appropriate. Students accused of crimes may request to take a leave from the college until the criminal charges are resolved. In such situations, the college procedure for voluntary leaves of absence is subject to the following conditions:
• The responding student must comply with all campus investigative efforts that will not
prejudice their defense in the criminal trial.
• The responding students must comply with all interim actions and/or restrictions imposed
during the leave of absence.
• The responding student must agree that, in order to be reinstated to active student status,
they must first be subject to, and fully cooperate with, the campus conduct process, and must
comply with all sanctions that were imposed.
Conduct Process Overview
A. Reporting a Code Violation
Any member of the college community may file a Code violation allegation against any student (with the exception of complaints of academic misconduct, faculty have original jurisdiction over these matters). Reports may be sent to the Dean of Students, or their designee. Reports can be made in person or online at RockValleyCollege.edu. There is no time limit on reporting violations of the Code of Student Conduct; however, the longer someone waits to report an offense, the harder it becomes for college officials to obtain information and witness statements and to make determinations regarding alleged violations. Though anonymous complaints are permitted, doing so may limit the college’s ability to investigate and respond to a complaint. Those who are aware of misconduct are encouraged to report it as quickly as possible to the Dean of Students Office or the RVC Police Department.
B. Notice and Response
Within 30 business days of receiving an alleged Code violation, the Dean of Students, or their designee, will notify the responding student of the allegation.
The notice shall include:
(a) the alleged Code violation;
(b) the opportunity for the student(s) to meet with the Dean of Students, or their designee, for purposes of resolving of the allegation(s).
The student may choose to have an “advisor or support person” accompany them during the meeting (such as a peer, friend, family member, or Rock Valley College employee). The advisor/support person may be present during the administrative meeting but may not be permitted to speak for or on behalf of the student unless deemed appropriate by the Dean of Students or their designee.
If the student does not meet with the Dean of Students, or their designee, or chooses not to participate in the process within 10 business days of the notice, the Dean of Students will make a decision without input from the student.
A student against whom a Code violation has been filed and/or disciplinary charges are pending may have a “hold” placed on their academic record until charges are resolved. A hold will prevent the student from requesting an official transcript, registering for classes or withdrawing, dropping courses, etc.
C. Findings/Resolution
Once a determination has been made regarding the violation, there are generally two outcomes for student conduct violations. Responsible or Not Responsible.
D. Sanctions
If a student is found responsible for alleged Code violation, they may be issued sanctions. Sanctions will need to be completed or turned in by the time frame given, before the case will be closed out. If the sanction isn’t completed within timeframe given, the student may have additional sanctions assigned and/or may be prevented from participating in various campus events or activities, including registration.
Student Conduct Expectations
Rock Valley College considers the behavior described in the following section below as inappropriate for the college community and in opposition to the Core Values and qualities set forth in this document. These expectations and rules are applied to all students. The college encourages community members to report to college officials all incidents that involve the following actions. Any student found to have committed, or to have attempted to commit, the following misconduct is subject to the sanctions outlined in this document.
Statement on Housing and Residential Life
We are a non-residential campus. Rock Valley College does not offer residential housing for any students. No student shall be enrolled at Rock Valley College and be housed on another college or university campus.
Student Code Violations
Abuse of Conduct Process:
1. Failure to obey a notice from a college official to appear for an administrative meeting or hearing as part of the Code process.
2. Falsification, distortion, or misrepresentation of information before the Dean of Students, or their designee, and/or the Conduct Review Board.
3. Disruption or interference with the orderly conduct of Code proceedings.
4. Attempting to discourage an individual’s proper participation in, or use of the Code system.
5. Attempting to influence the impartiality of a member of the Conduct Review Board prior to and/or during the course of the Code proceeding.
6. Harassment (verbal, written, or physical) and/or intimidation of a member of the Conduct Review Board prior to, during, and/or after a Code proceeding.
7. Failure to comply with the sanctions(s) imposed under the Code.
8. Influencing or attempting to influence another to commit an abuse of the code system.
9. Being an accessory to any person on the college campus who violates this code.
Alcohol and Other Substances, or Acts
10. Possession, use, or distribution of alcohol or paraphernalia, except as expressly permitted by law.
11. Possession, use, or distribution of illegal drugs and other controlled substances or drug paraphernalia (including prescription drugs), except as expressly permitted by law.
12. Under the influence of drugs, or alcohol, or public intoxication.
13. Prescription Medications – abuse, misuse, or distribution of prescription or over-the-counter medications.
14. Smoking or use of tobacco or electronic smoking devices is prohibited except in personal vehicles.
College Officials and Misuse of Resources
15. Failure to comply with reasonable directives of college officials or RVC Police Officers during the performance of their duties and/or failure to identify oneself to these persons when requested to do so.
16. Forgery, alteration or misuse of any college document, record, electronic file, form, or instrument of identification or providing false information to a college official, or college business office, on behalf of oneself, or another, to defraud the college or falsify a college record or document.
17. Unauthorized possession, duplication or use of identification badges, and keys to any college premises or unauthorized entry to or use of college premises.
18. Personal misrepresentation, defined as representing oneself as another, giving false information to any college official, or alleging to represent the college or any of its recognized organizations without specific prior consent of the respective college official(s).
19. Trademark, unauthorized use (including misuse) of college or organizational names and images.
Disruptive Behavior
20. Substantial disruption of college operations including obstruction of teaching, learning, research, administration or other college activities and/or other authorized non-college activities; which occur on campus, including its public service functions on or off campus.
21. Conduct that is lewd or indecent. May include deliberately and publicly exposing one’s intimate body parts, public urination, defecation, and public sex acts.
22. Leading or inciting others to disrupt scheduled and/or normal activities within any college building or area.
23. Rioting, causing, inciting, or participating in any disturbance that presents a clear and present danger to self or others, causes physical harm to others, or damage and/or destruction of property.
24. Participation in a campus demonstration that substantially disrupts the normal operations of the college and infringes on the rights of other members of the college community, including obstruction of the free flow of pedestrian or vehicular traffic on college premises, or at college sponsored or supervised functions.
25. Health and Safety – creation of health and safety hazards such as dangerous pranks, or acts, on the college premises.
Technology
26. Violations of the RVC Acceptable Use of Information Technology Systems Policy. For the entire policy, refer to the college website (RockValleyCollege.edu).
27. Unauthorized use of cell phones and other communication devices in all instructional areas, the library, computer labs, and including all labs and classrooms during instructional sessions or while participating in college-sponsored educational programs or activities on or off campus.
Theft and Property
28. Intentional and unauthorized taking of college property or the personal property of another, including goods, services and other valuables.
29. Knowingly taking or maintaining the possession of stolen property.
Damage and Destruction
30. Intentional, reckless and/or unauthorized damage to, or destruction of, college property or the personal property of another.
31. Unauthorized Entry: misuse of access privileges to college premises or unauthorized entry to or use of buildings, including trespassing, propping, or unauthorized use of alarmed doors for entry into or exit from a college building.
32. Fire Safety: violation of local, state, federal or campus fire policies, including but not limited to, intentionally or recklessly causing a fire which damages college or personal property or causes injury. Failure to evacuate a college-controlled building during a fire alarm, or tampering with or improperly engaging a fire alarm or detection/control equipment on college property.
Threatening or Alarming Conduct
33. Threatening Behaviors: written, physical, or verbal conduct that intimidates or causes a reasonable expectation of injury to the health or safety of any person or damage to any property.
34. Intimidation: threats or acts that cause a reasonable fear of harm to another
35. Harm to Persons: intentionally or recklessly causing physical harm or endangering the health or safety of any persons.
36. Conduct to alarm or disturb another and/or provoke a breach of the peace.
37. Initiation of or participation in a hate crime as defined in IL Criminal Code 720/ILCS 5/12-7.1.
38. Bullying and Cyberbullying: bullying and cyberbullying are repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally, and are not protected by freedom of expression.
39. Hazing, defined as an act that endangers the mental or physical health or safety of a student, or that destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition of continued membership in a group or organization. Participation or cooperation by the person/s being hazed does not excuse the violations. Failing to intervene to prevent and/or failing to discourage or report those acts may also violate this Code. See Hazing Policy
40. Dating violence: Violence or abuse committed by a person who is or has been in a social relationship of a romantic or intimate nature with the survivor.
41. Domestic violence: A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the survivor; or physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation of a family or household member.
42. Stalking: stalking is a course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to feel fear.
43. Sexual misconduct: includes, but is not limited to, sexual harassment, non-consensual sexual contact, non-consensual sexual intercourse, and/or sexual exploitation (see Prohibiting Sex-Base Misconduct)
44. Deliberate attempts to use gang representation signing or graffiti-tagging to cause alarm.
45. Participating in online behavior, or use of electronic technology to misrepresent the college, harass, threaten or intimidate another member of the college community, delivered by Facebook, email, blogs, web pages, Twitter, text or instant messaging, social networking sites and any other electronic entries. The college does not regularly seek out this information, but will take action if and when such information is brought to the attention of college officials.
General Compliance
46. Discrimination: any act or failure to act that is based upon an individual or group’s actual or perceived status, other protected status that is sufficiently severe that it limits or denies the ability to participate in or benefit from the colleges’ educational program or activities.
47. Harassment: any unwelcome conduct based on actual or perceived status including: sex, gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, sexual orientation, or other protected status. Any unwelcome conduct should be reported to campus officials who will act to remedy and resolve reported incidents on behalf of the victim and community.
48. Retaliation: any intentional, adverse action taken against another individual that has reported an alleged code or college policy violation.
49. Collusion: the act or inaction with another or others to violate the Code of Conduct.
50. Trust: the violations of positions of trust within the college community.
51. Bribery is the offering, giving, receiving, or soliciting of anything of value to influence action as an official or in discharge of legal or public duty.
52. Extortion is the attempt to obtain property, services or benefits from another induced by actual or threatened force, violence, fear or coercion, or false pretense.
53. Violation of published other college and program policies, rules, or regulations.
54. Violation of Student Life clubs and organizations regulations and policies.
55. Violation of local, county, state, or federal law, whether it is on- or off-campus, when the Dean of Students is notified a definite college interest is involved and/or where the student misconduct distinctly and adversely affects the college’s pursuit of its educational mission. Violation of these laws may lead to prosecution by law enforcement agencies in addition to sanctions by the college.
Weapons
56. The college prohibits anyone from wearing, transporting, storing, or possessing firearms or other weapons on college property (including college-owned vehicles, personal vehicles, and parking lots), at college sponsored or college-related functions or events, and during times when acting as a representative of the college whether on or off college premises. Individuals who commit such acts may be removed from college premises and/or subject to disciplinary action, criminal penalties, or both. The term “weapon” is defined in accordance with state law and includes any object or substance designed to inflict a wound or cause bodily injury or damage to property. “Weapons” does not include mace or pepper spray type products designed and carried solely for the purpose of self-protection.
a. This does not apply to any certified law enforcement personnel engaged in official duties.
b. Activities requiring use of the prohibited items may be conducted only with the approval of Chief of Police, RVC Police Department, or their designee.
c. This does not apply to, or prevent anyone from obtaining an Illinois Concealed Carry permit, and carrying that weapon at places away from college property and events, in compliance with Illinois law. Illinois Concealed Carry license holders arriving on campus may store their weapon in their vehicle, in a locked container, compartment or trunk, out of plain view, as provided in the Illinois Concealed Carry Act.
Conduct Sanctions
One or more of the following sanctions may be imposed upon any student for any single violation of the Code of Conduct or other college policies, rules or regulations.
A. Temporary Suspension
In certain circumstances, the Dean of Students or RVC Police Department, or their designee, may impose a college temporary suspension prior to an administrative meeting and/or the hearing before a Conduct Review Board.
Temporary suspension may be imposed only:
• To ensure the safety and well-being of members of the college community or preservation of college property
• To ensure the student’s own physical or emotional safety and well-being
• If the student poses a definite threat of disruption of or interference with the normal operations of college
During the temporary suspension, students will be denied access to the campus (including classes) and/or all other college activities or privileges for which the student might otherwise be eligible, as the Dean of Students may determine to be appropriate. Students may be allowed make-up privileges if they are found not to have violated the Code. This will be at the discretion of the Dean of Students, Faculty, and the Academic Dean.
B. Warning
An unofficial written notice that the student's conduct was inappropriate for the educational environment and that future violations will result in more severe sanctioning.
C. Disciplinary Probation
A reprimand for the violation(s) of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any institutional regulation(s). Regular probationary meetings may also be imposed
D. Discretionary Sanctions
Work assignments, community service, other service to the college or neighboring communities, or other related discretionary assignments (such assignments must have the prior approval of the Dean of Students).
E. Loss of Privileges
Denial of specified privileges for a designated period of time.
F. Restitution
Repayment for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
G. Withdrawal from Class
Administrative withdrawal with consequent loss of tuition and fees from a class, classes, or program.
H. Limited Access
Administrative restriction to selected parts/locations of campus buildings.
I. Educational Programming
Required to attend, participate, or present in a program related to the violation. Student may be required to pay for any cost related to participation in the program, may include online programs. Student may be asked to complete a reflection paper as part of the outcome of this sanction.
J. Behavioral Requirement
Student may be required to provide proof of participation or completion of recommendations which includes required activities, but not limited to; seeking academic advising, personal counseling, substance abuse screening etc.
K. College Suspension
Separation of the student with possible loss of tuition and fees from the college for a designated period of time, after which the student may be eligible to return. Student must meet with Dean of Students prior to registering for courses to discuss conditions for re-enrollment. Conditions may include ineligibility for specific courses, services, and the restrictions.
L. College Expulsion
A permanent separation from the college with consequent loss of tuition and fees. Due to the severity of this sanction, it may be noted on the student’s official college academic transcript.
M. Parental Notification
The college reserves the right to notify the parents/guardians of dependent students regarding any conduct situation, particularly alcohol and other drug violations. The college may also notify parents/guardians of non-dependent students who are under the age of 21 for alcohol and/or drug violations. Parental notification may also be utilized discretionarily by administrators when permitted by FERPA or consent of the student.
N. College Record
A hold may be placed on a student’s academic record, denying them access to official transcripts, registration or degree until all of the obligations of the college conduct process and/or assigned sanctions are completed.
O. Sexual Misconduct Sanctions
Student who have violated the College’s prohibition of sexual discrimination, harassment and/or misconduct are subject to sanctions identified in the comprehensive policy from minimum sanction, up to and including expulsion.
Additional or alternate sanctions may be created and designed as deemed appropriate to the offense with the approval of the Dean of Students, or their designee. Sanctions may be imposed upon college groups or organizations found to have violated the Code of Conduct; such as deactivation, de-recognition, or loss of all privileges including the status as a college registered organization for a specific period of time, or one or more of the sanctions listed above.
Student Discipline/Conduct Procedure
Conduct procedures are based on fundamental fairness practices and preponderance of evidence. They are not formal legal proceedings and are not subject to the same rules that govern civil or criminal hearings including but not limited to, the rules of evidence.
Preliminary Investigation and Administrative Meeting
A. The Dean of Students
The Dean of Students, or their designee, will conduct a preliminary investigation to determine if the allegation has merit. If the allegation can be disposed of at the preliminary investigation stage, such disposition will be final and there will be no subsequent proceedings.
If necessary, the Dean of Students, or their designee, shall meet with the responding student and inform the student of their procedural rights to due process. The Dean of Students, or their designee, may determine the following:
• Find student responsible for code violation(s)
• Issue sanctions for code violations
• Dismiss the case
• Refer parties to conflict resolution or mediation
• Refer case to Behavioral Intervention Team (BIT)
• Refer student to educational programming
• Refer student to RVC Personal and Success Counselor
• Refer the case to the appropriate college administrator, or their designee
• Refer to community resource
The Dean of Students, or their designee, will notify the student in writing within 20 business days of the decision.
The outcome of the conduct process is part of the education record of the responding student and is protected from release under FERPA, except under certain conditions. As allowed by FERPA, when a student is accused of a policy violation that would constitute a “Crime of Violence” or forcible or nonforcible sex offense, the college will inform the alleged survivor/party bringing the complaint in writing of the final results of an administrative meeting, regardless of whether the college concludes that a violation was committed. Such release of information may only include the alleged student’s and responding student’s name, the violation committed, and the sanctions assigned (if applicable). In cases of sexual misconduct and other offenses covered by Title IX, only, the rationale for the outcome will be shared with all parties to the complaint in addition to the finding and sanction(s).
In cases where the college determines through the student conduct process that a student violated a policy that would constitute a “Crime of Violence,” the college may also release the above information publicly and/or to a third party. FERPA and Clery Act defines “crimes of violence” to include: arson, assault offenses (includes stalking), burglary, criminal homicide (manslaughter by negligence), criminal homicide (murder and non-negligent manslaughter), destruction/damage/vandalism of property, kidnapping/abduction, robbery, forcible sex offenses, and non-forcible sex offenses.
B. Expulsion or Suspension Appeal
1. Appeal of Sanctions:
The Conduct Review Board, or Chief Academic Officer (CAO), will hear cases of appeal for suspension or expulsion sanctions only. The Conduct Review Board may consist of a minimum of three (3) individuals and no more than six (6), two (2) faculty members appointed by Academic Affairs, two (2) students appointed by the Director of Student Life and Intercultural Student Services, and two (2) Student Affairs administrators (one of whom will serve as non-voting chairperson) appointed by the Chief Academic Officer (CAO). The Dean of Students, or their designee, shall serve as non-voting Secretary and advisor to the Conduct Review Board. No Conduct Review Board member may sit on the Board during a hearing if that member is a complainant, witness, has a direct or personal interest in the outcome of the hearing, or has previously acted in an advisory capacity to the accused student. The Chair of the Conduct Review Board may establish a hearing format consistent with this Code. In cases involving more than one responding student, the chair of the Conduct Review Board and the Dean of Students, or their designee, will determine if hearings or conferences concerning each student will be conducted jointly or separately.
2. Appeal Hearing Procedures:
Formal appeal hearings will be conducted by the Conduct Review Board or the Chief Academic Officer (CAO) according to the following guidelines:
a. A written appeal must be received within 10 business days from sanction notice date, sent by the Dean of Students.
b. The Dean of Students, or their designee, will determine if the appeal will be referred to the Conduct Review Board, or the Chief Academic Officer (CAO).
c. The Dean of Students, or their designee, will notify the student of the appeal hearing within 15 days of receipt of appeal request. The notice will include the date, time, location and type of hearing.
d. Decisions made by the Conduct Review Board or the Chief Academic Officer (CAO) are final.
3. The Student’s Role:
a. The student must submit an appeal in writing, within 10 business days of the date of the sanction notice, to the Dean of Students.
b. The responding student may be accompanied by an advisor. The advisor may attend the hearing with the student to support them. The responding student and advisor may be present during the entire hearing, but neither may be present during deliberations of the Conduct Review Board. In no event may the advisor participate directly by speaking for the student or questioning witnesses or the Conduct Review Board. Admission of any other person to a Conduct Review Board hearing will be at the discretion of the Board Chair.
c. Both the responding student and the complaining parties may present information, including witnesses and written statements.
4. The Dean of Students Role:
a. Notify the student by certified mail of the appeal hearing within 15 business days in advance of the hearing. The letter will inform the student of:
• The violation(s) and assigned sanction
• The time, date, and location of the hearing
• If the appeal will be heard by the Conduct Review Board or the Chief Academic Officer (CAO)
b. The Dean of Students, or their designee, shall notify the student via certified mail, return receipt requested within 15 days of the appeal decision by the Conduct Review Board or the Chief Academic Officer (CAO).
5. The Chief Academic Officer’s (CAO) Role:
a. Review the written appeal
b. Review all documents or information available pertaining to the case
c. Meet with the student who originated the appeal
d. Arrive at a decision within 10 business days after hearing the appeal
e. Chief Academic Officer (CAO) will communicate to student in writing the results of their decision. A copy of this letter will be provided to the Dean of Students Office.
6. Conduct Review Board Role and Process:
a. Hearings will be closed to the public.
b. In all cases, information related to the case will be presented and considered whether or not either party is in attendance.
c. Quorum for a hearing requires that a minimum of three (3) Conduct Review Board members are present for the hearing.
d. Pertinent and relevant information may be reviewed without regard to the legal rules of evidence.
e. The Conduct Review Board may accommodate concerns for the personal safety, wellbeing, and/or fears of confrontation of the complainant, accused student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation via telephone, video-phone, closed-circuit television, video conferencing, CD/DVD, audio tape, written statement, or other means.
f. Both the responding student and the complaining parties may present information, including witnesses and written statements. The Chair of the Conduct Review Board will determine the format of the hearing, the admissibility of witnesses or written statements, and may elect not to hear such information if deemed redundant or irrelevant.
g. The Chair of the Conduct Review Board retains authority to question witnesses and parties to the alleged violations and will determine the appropriateness of questions posed by the parties.
h. The Chair of the Conduct Review Board may opt to hear the witnesses separately.
i. There will be a single verbatim record, such as an audio recording, of all hearings before the Conduct Review Board. Review of the verbatim record may only occur on college premises and in the presence of the Dean of Students, or their designee. The verbatim record is property of the college.
j. Determination of final sanction shall be made based on the preponderance of evidence.
k. Decisions by the Conduct Review Board shall be by majority vote of the members present for the hearing. A decision reached by the Conduct Review Board is final.
NOTE:
If the sanction decision is overturned by the Conduct Review Board, or the Chief Academic Officer (CAO), and if coursework has been missed as a direct result of action taken against the student, appropriate accommodations may be made in order to assist the student.
Definitions of Terms
A. The term “academic year” is defined as beginning with the fall semester, spring semester, and the two (2) summer sessions.
B. The term “administrative meeting” is defined as a discussion between the Dean of Students, or their designee, and the student(s) who committed an alleged code violation, to resolve the matter(s).
C. The term “advisor” or “support person” is defined as a friend, family member, staff/faculty member of the college, or peer who may accompany a respondent or complainant.
D. The term “business day” is defined as any day excluding Saturdays, Sundays, breaks in the academic year, or any holidays recognized by the college.
E. The term “the Code” means Student Code of Conduct.
F. The term “college” means Rock Valley College.
G. The term “college official” includes any person employed by the college performing assigned administrative or professional staff responsibilities.
H. The term “college premises,” “Campus(es),” “On Campus(es),” “Non Campus(es),” “Off Campus(es),” and “all other sites,” includes all land, buildings, facilities and other property in the possession of or owned, used, or controlled by the college (including adjacent streets and sidewalks).
I. The term “complainant” means any person who submits a charge alleging that a student violated this Code.
J. The term “Comprehensive Policy” (see Prohibiting Sex-Based Misconduct and Sexual & Intimate (Domestic) Violence Terms).
K. The “Conduct Review Board” consists of two faculty members appointed by Academic Affairs, two students appointed by the Student Activities Coordinator, and two administrators (one of whom will serve as non-voting chairperson) appointed by the Chief Academic Officer (CAO). The Conduct Review Board will only consider an appeal to sanctions of suspension or expulsion imposed by the Dean of Students, or their designee.
L. The term “Deputy Title IX Coordinator” (students) means they assist the Title IX Coordinator with Title IX training for students, employees and faculty and responsible employees, monitor compliance, deadlines, and provide case management for tracking and reporting of such incidents. The Deputy completes Title IX investigations including: complainant, respondent and witness statements, offer resources and information to all parties and write summary reports, findings and make recommendations to the Title IX Coordinator. The Deputy provides primary prevention and awareness education and in consultation with the Title IX Coordinator, reviews materials, publications and website for accuracy, consistency and compliance.
M. The term “faculty member” includes any person who is either a credit or non-credit, full- or part-time, teacher, coach, or librarian.
N. The term “responding student/respondent” means any student accused of violating the Code of Conduct.
O. The term “Risk Reduction” means options assigned to decrease perpetration and bystander inaction, and to increase empowerment to victims in order to promote safety and to help individuals and communities address conditions that facilitate violence.
P. The term “Sexual Violence, Sexual Misconduct, Domestic Violence, and Stalking” (see Prohibiting Sex-Base Misconduct)
Q. The term “student” includes all persons taking courses at Rock Valley College, either full-time or part-time (less than 12-credit hours); persons who withdraw after allegedly violating the Student Code, who are not officially enrolled for a particular term but who have a continuing relationship with the college, or who have been notified of their acceptance for admission are considered “students.” This Student Code does apply at all locations of the college, including the Main Campus and all other off-campus sites and General Education Development (GED)/High School Equivalency (HSE), English as a Second Language (ESL), Adult Education, and Community/Continuing Education; and enrolled students of collaborative and partnership programs.
R. The term “Title IX Coordinator” (for students) is responsible for overall Title IX compliance and grievance procedures for sex based and other Title IX related concerns identifying and addressing any patterns or systemic problems. In particular, student complaints involving sex based misconduct (including sexual, dating and domestic violence, and stalking concerns) and sexual discrimination and harassment in educational programs and activities sponsored by the college. The Title IX Coordinator reviews reports for merit, weighing confidentiality upon request, and issue findings and sanctions, and determine interim measures, where applicable. The Title IX Coordinator may also complete investigations when there is a conflict of interest. The Title IX Coordinator provides training and education for students, employees, faculty, and responsible employees free from gender bias.
S. The term “witness” means a person who sees an event take place. If you are witness to an incident or concern on campus, you are encouraged to participate in the process, if requested to do so by a college official.