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Endicott College, is committed to creating a community of learners in which student growth, development, and maturity are fostered in the classroom, across the campus, and in professional settings. Foremost in this community are commitments to respect, civility, trust, and understanding. The student conduct system is in place to protect the core mission of the College, to foster the growth of the individual student in a safe and secure learning environment, and to protect the welfare of the College community. Each student is expected to make choices that preserve a safe and secure environment in which all individuals are able to pursue their academic endeavors, to practice responsible citizenship, to respect the rights of others, and to be accountable for their own actions and the conduct of their guests. All students and their guests are expected to be aware of and abide by this Student Code of Conduct (“Code”). Failure to uphold College rules and expectations as well as federal, state, and local laws and regulations may result in student conduct action under the authority of this Code.
PURPOSE
The purpose of publishing student conduct policies and procedures is to give students general notice of prohibited behavior and their rights and responsibilities during the student conduct process. The purpose of campus student conduct proceedings is to provide a process by through which to determine whether or not a student is responsible for violating College regulations. This Code establishes and details student rights and responsibilities within the College student conduct system. The Code seeks to preserve the individual rights of students while ensuring that the interests of the entire College community are also maintained.
I. APPLICABILITY
A. The Code applies to the on-campus conduct of all students. The Code also applies to off-campus conduct of students in any location that, in the College’s judgment, involves or affects the College or other members of the College community, such as conduct in connection with:
1. Academic work or other College-related educational activities and experiences, such as class projects, field trips, study abroad, student teaching, or internships;
2. Activities sponsored, conducted, or authorized by the College or its student organizations;
3. Activities that cause or threaten harm to the health, safety, well-being, or property of the College or members of the College community, including the student themself; or
4. Activities that unreasonably disturb the peace and privacy of the student’s neighbors when living off campus.
B. The Code applies to conduct by a student while a student, even if it occurs outside of an academic term or when the student is not otherwise enrolled at the College and even if the College does not learn of such conduct until after the student graduates, withdraws, takes leave, or is otherwise absent from the College.
C. Students also continue to be subject to federal, state, and local laws while at the College. While those laws are separate and independent from the Code and impose different standards, violations of them may also constitute violations of the Code. In such instances, the College may take action
under the Code, independent of any other legal proceeding involving the same conduct, and may impose consequences for violation of the Code even if such other proceeding is not yet resolved or is resolved in the student’s favor.
D. Digital Misuse and Harassment
The College reminds all community members that all policies under the student code of conduct apply to online settings, including but not limited to all forms of disruption, concerning behavior, abusive conduct, discriminatory harassment and sexual misconduct and relationship violence. These policies
prohibit related behaviors from taking place online, not just in-person. Be advised that the following examples represent some - not all - actions that could be in violation of campus policies:
• Recording or screenshots of online classrooms without expressed consent from all participants
• Any written posts or images reflecting racist and/or hate-based language or behavior
• Repeated, unwanted contact or messaging
• Photoshopping or sharing of any images taken without expressed consent
• Use of photos or videos, including but not limited to those of a sexual nature, for personal benefit, to threaten, embarrass, intimidate, instill fear or retaliate
• Any social media posts, emails or online messaging of a targeting, bullying or harassing nature and/or that targets an individual or group based on a protected identity class
For additional information, please also see the Social Media and Online Communication statement from the Office of Information Technology.
II. AUTHORITY FOR STUDENT CONDUCT
A. Ultimate authority over student conduct is vested in the president of the College (“President”), who may take immediate action at their discretion for any violation of College policies or procedures whatsoever. Action taken by the president is final and closes the matter. As an ordinary matter, the president has delegated authority over student conduct to the Vice President of Student Affairs, who may delegate and exercise it consistent with these procedures. With respect to the conduct of students of the Van Loan School at Endicott College, the president has delegated authority to the vice president and dean of the graduate school.
B. Vice President of Student Affairs (or designee) reserves the authority to take immediate, necessary, and appropriate action to protect the health, safety, and well-being of an individual and/or the College community. Vice President of Student Affairs (or designee) may take an interim action
to remove a student from College housing, restrict a student’s access to and movement about the campus, and/or suspend a student from the College whenever the continued presence of the student at the College is deemed to pose a serious threat to themself or to others or to the stability
and continuance of normal College functions. The interim action shall become effective immediately upon delivery of oral or written notification to the student or their designee. A hearing or conference will be granted as soon as possible.
C. With respect to the undergraduate campus students, the Office of Student Affairs, under the direction of and guidance from the Vice President of Student Affairs, is responsible for administering the student conduct system and ensures that all student conduct proceedings are carried out in
accordance with College policies and procedures. With respect to the Van Loan School of Graduate and Professional Studies, the vice president and dean of the Graduate School is responsible for administering the student conduct system and ensures that all student conduct proceedings are
carried out in accordance with College policies and procedures.
D. Student conduct action may be pursued for any violation of College policy, or state, federal, or local law on or off College premises by a student that affects the College’s interests and/or is inconsistent with the College’s expectations for students.
E. Student conduct action may be pursued to address the behavior of a student organization (as an entity) when members of the student organization have engaged in potential violations of this Code for which they received the consent or encouragement of the organization or the organization’s leaders/officers.
III. PROHIBITED CONDUCT
The following are examples of prohibited behaviors and activities which may result in student conduct action under this Code. Commission of or attempts to commit these acts, condoning, supporting or encouraging others in the commission of these acts, or failure to prevent one’s guests from committing these acts may be treated as violations of this Code.
1. Sexual Misconduct & Relationship Violence
Sexual misconduct and sexual assault are antithetical to the standards and values of the College, violate College policy and in some instances state and federal law, and will not be tolerated. In particular, Title IX of the Educational Amendments of 1972, 20 U.S.C. SS 1681 et seq., prohibits discrimination on the basis of sex in educational programs and activities operated by recipients of federal financial assistance. It is important to understand that sex discrimination includes sexual harassment, which encompasses sexual violence and other forms of sexual misconduct, which include sexual assault, domestic violence, dating violence, and stalking. See the College’s Sexual Misconduct and Relationship Violence Policy for definitions of prohibited conduct.
2. Abusive Conduct
The policies identified in the Abusive Conduct section outline prohibited behaviors that have the potential to directly and seriously impact on the health, wellbeing, safety and/or access to education and Endicott College experience. Any and all forms of Abusive Conduct are strictly prohibited at the
College, go against the values of the institution and will not be tolerated. It is important to understand that Abusive Conduct covers all parts of the following policies, including Endangerment (physical violence, actions that endanger and interference in one’s freedom to move about), Harassment (non sexual intimidation, creating a hostile or offensive environment, threatening or intimidating behavior, acts invading privacy of another, bullying and non-sexual stalking), Discriminatory Harassment (any unwelcome conduct by any member or group on the basis of actual or perceived membership in
a protected class that threatens or harasses, includes physical violence and/or constitutes hate speech), and Retaliation (an adverse action or attempt to seek retribution against the Complainant, or any or person or group of persons involved in the investigation and/or resolution of a misconduct
complaint.). See the College’s Abusive Conduct Policy for full definitions of prohibited abusive conduct plus reporting information and resources.
3. Hazing
a. Hazing is a crime punishable by Massachusetts state law as well as a violation of this Code. Hazing is defined as any group or individual action or activity that endangers another person’s mental or physical health or safety or which may demean, disgrace, or degrade a person, regardless of
location, intent, or consent of participant(s). Although hazing is generally related to a person’s initiation or admission into, or affiliation with, any group or organization, it is not necessary that a person’s initiation or continued membership is contingent upon participation in the activity, or that the activity was sanctioned or approved by the organization, for a charge of hazing to be upheld.
The actions of active, associate, new, and/or prospective members of an organization may be considered hazing. Hazing includes, but is not limited to:
i. Unreasonable interference with a student’s academic performance
ii. Forced or coerced consumption of food, alcohol, drugs, or any other substance
iii. Forced or coerced wearing of apparel which is conspicuous and/or inappropriate
iv. Forced or coerced exclusion from social contact
v. Branding
vi. Creation of unnecessary fatigue (including but not limited to acts that stem from forced physical activity, such as calisthenics and deprivation of sleep)
vii. Deprivation of food
viii. Beating, whipping, or paddling in any form
ix. Line-ups and berating
x. Physical and/or psychological shocks
xi. Personal servitude
xii. Kidnapping or abandonment
xiii. Unreasonable exposure to the weather
xiv. Any activity that would be viewed by a reasonable person as subjecting any person to embarrassment, degradation, or humiliation
xv. Expectation of participation in activities that are unlawful, lewd, or in violation of College policy.
b. Consent by any student or other person shall not be available as a defense to any charge of hazing activity.
c. Failure to report hazing: Whoever knows that another person is the victim of hazing as defined above and is at the scene of such action shall, to the extent that person can do so without danger or peril to himself or others, report such crime to an appropriate law enforcement official (or coach,
athletic director, dean of students, Public Safety, college counselor or any college faculty or staff member) as soon as is reasonably possible. Failure to report such activity is punishable under this Code and under state law.
4. Retaliation for Reporting Hazing
Retaliating against any individual who reported a hazing violation or suspected hazing violation to College or law enforcement officials.
Massachusetts Hazing Law
COMMONWEALTH OF MASSACHUSETTS
GENERAL LAWS 269:17, 18, 19
269:17 HAZING; ORGANIZING OR PARTICIPATING; HAZING DEFINED.
Section 17. Whoever is a principal organizer or participant in the crime of hazing, as defined herein, shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one, [sic] year, or both such fine and imprisonment. The term “hazing” as used in this section and in sections eighteen and nineteen, shall mean any conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health of any such student
or other person, or which subjects such student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation.
Notwithstanding any other provisions of this section to the contrary, consent shall not be available as a defense to any prosecution under this action.
269:18 FAILURE TO REPORT HAZING.
Section 18. Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall, to the extent that such person can do so without danger or peril to himself or others, report such crime to an appropriate law enforcement official as soon as reasonably practicable. Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars.
269:19 Copy of secs. 17-19; issuance to students and student groups, teams and organizations; report Section 19. Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group, student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group, student team, or student organization, a copy of this section and sections seventeen and eighteen; provided, however, that an institution’s compliance with this section’s requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups, teams, or organizations shall not constitute evidence of the institution’s recognition or endorsement of said unaffiliated student groups, teams or organizations.
Each such group, team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members, plebes, pledges or applicants for membership. It shall be the duty of each such group, team or organization, acting through its designated officer, to deliver annually, to the institution an attested acknowledgement stating that such group, team or organization has received a copy of this section and said sections seventeen and eighteen, that each of its member, plebes, pledges, or applicants has received a copy of sections seventeen and eighteen, and that such group, team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen.
Each institution of secondary education and each public or private institution of post secondary education shall, at least annually, before or at the start of enrollment, deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen.
Each institution of secondary education and each public or private institution of post secondary education shall file, at least annually, a report with the regents of higher education and in the case of secondary institutions, the board of education, certifying that such institution has complied with its responsibility to inform student groups, teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing, and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communication the institution’s policies to its students. The board of regents and, in the case of secondary institutions, the board of education shall promulgate regulations governing the content and frequency of such reports, and shall forthwith report to the attorney general any such institution which fails to make such report.
5. Weapons, Fireworks, & Explosives
a. On-campus possession or use of firearms, antique firearms, explosives, destructive devices, or other weapons or dangerous articles or substances, including but not limited to non-lethal weapons such as pellet guns, bb guns, paintball guns, slingshots, crossbows, stun guns, tasers, metallic knuckles, archery equipment, swords, sword canes, replica ornamental or decorative weapons/ swords/daggers/knives, or any dangerous chemical or biological agent.
b. Fireworks and/or explosives of any kind are prohibited without expressed permission from the College.
c. Off-campus unlawful or unauthorized possession or use of firearms, explosives, or other weapons or dangerous articles or substances.
6. Fire & Safety
a. Inappropriate activation of any emergency warning equipment or the false reporting of any emergency.
b. Unlawful possession, or removal of, damage to, or tampering with fire safety or other emergency warning equipment.
c. Failure to evacuate a College building or facility within a reasonable amount of time after a fire alarm is sounded.
d. Arson.
e. The setting of any unauthorized fire in or on College property.
7. Alcohol, Controlled Substances, & Illegal Drugs
a. Unlawful possession or use of controlled substances, including prescription medicine for which the student does not have a prescription in their name.
b. Possession or use of illegal drugs.
c. Purchase, distribution, delivery, or sale of illegal drugs or controlled substances.
d. Possession or use of drug paraphernalia.
e. Possession or consumption of alcohol when under the age of 21 as specified by the Commonwealth of Massachusetts.
f. Providing alcoholic beverages to an individual who is under the age of 21 as specified by the State of Massachusetts.
g. Being in the presence of alcoholic beverages (consumed or possessed) by any person under 21 years of age.
h. Operating a motor vehicle while under the influence of alcohol or any controlled substances or illegal drugs.
i. Being in the presence of illegal drugs and/or drug paraphernalia.
j. Intoxicated behavior that endangers self or others, or brings discredit to the College.
k. Open house party. An open house party is defined as an event at a residence where hosts, owners, or others in control of the event fail to take reasonable steps to ensure legal compliance, reduce the risk of harm, and ensure the safety of guests (including, but not limited to, removing those
in violation or requesting Public Safety to assist if alcoholic beverages are known to have been consumed at the residence by person/s under the age of 21 and/or illegal drugs or controlled substances are unlawfully possessed, distributed, or used).
l. Violation of Registered Party Policy.
m. Alcohol consumption or possession of an open container of alcohol is prohibited at any time in College-owned or leased hallways, lobbies, lounges, stairwells, classrooms, technical facilities, meetings spaces, bathrooms, outdoor areas, vehicles, or any other public areas regardless of age,
without written authorization from the College.
n. Common sources of alcohol (i.e. kegs, party balls, etc.), alcoholic punches, grain alcohol, and binge drinking paraphernalia (i.e. funnels, etc.) are prohibited.
o. Drinking games (i.e. beer pong, water pong, card games, etc.) or furniture/paraphilia that encourage high risk drinking (i.e. beer pong tables, etc.) are prohibited.
8. Disruption
a. Disrespect or failure to comply with a lawful order of a College official or any law enforcement official.
b. Providing false information to a College official or to a law enforcement official, including student conduct hearing officers or investigators.
c. Acts that impair, interfere with, or obstruct the orderly conduct, processes, and functions of the College or the rights of other members of the College community. This includes acts that occur both inside and outside of the classroom setting and may involve use of electronic or cellular
equipment. This also includes behavior off campus during a College-sanctioned event or activity or an event where the student serves as a representative of the College (including, but not limited to an organizational leadership role).
d. Acts that disrupt the College student conduct process including attempting to coerce or influence a person regarding their participation in any student conduct proceeding.
9. Misrepresentation or Misuse of Identity or Identification
a. Permitting another person to use one’s identification.
b. Inappropriate use of another person’s identification.
c. Impersonation, or misrepresenting the authority to act on behalf of another or the College.
d. Forgery, alteration, or misuse of identification, documents, records, keys, or access codes.
e. Manufacture, distribution, delivery, sale, purchase, possession, or use of false identification.
10. Property
a. Damage or destruction of College, public, or private property.
b. Theft: Removing or using the property or services of another person or of the College, with the intent to permanently deprive the person or College of the property.
c. Misappropriation: Removing or using the property or services of another person or the College, but without the intent to permanently deprive the person or the College of the property.
d. Receipt, possession, sale, or purchase of property or services that are known or reasonably should have been known to have been stolen.
e. Entering or using the property or facilities of the College or of another person without the proper consent or authorization.
11. Computers
a. Unauthorized access or entry into a computer, computer system, network, software, or data.
b. Unauthorized alteration of computer equipment, software, network, or data.
c. Unauthorized downloading, copying, or distribution of computer software or data.
12. Recording of Images Without Consent
Using electronic or other means to make a video or photographic record of any person where there is a reasonable expectation of privacy without the person’s consent and when such a recording is likely to cause injury, distress, or damage to reputation. This includes, but is not limited to, taking video or photographic images in shower/locker rooms, residence hall rooms, and restrooms. The sharing and/ or distributing of such unauthorized records by any means is also prohibited. This behavior may also be addressed under the Endicott College Sexual Misconduct and Relationship Violence Policy.
13. Recording of Oral Communications without Consent
Acquiring, by listening or by recording using any device, any wire, oral, or electronic communication, when such communication is uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation (i.e., in a situation in which the person has a reasonable expectation of privacy), and the person has not given consent to the acquisition or recording of the communication. This behavior may also be addressed under the Endicott College Sexual Misconduct and Relationship Violence Policy.
14. Gambling
Engaging in any form of illegal gambling is prohibited.
15. Other Violations
a. Violation of federal or state law or local ordinance.
b. Aiding, abetting, conspiring, soliciting, inciting, or attempting to commit, any other violation of federal law, state law, or local ordinance.
c. Violation of any other College regulation or policy as described in any recognized College publication, or other College policies directly related to departments, organizations, residence halls, or clubs.
d. Violation of the Academic Integrity Policy when the student is not currently enrolled in the related course or when the incident cannot otherwise be processed under the Academic Integrity Policy.
e. Being present or otherwise involved, in such a way as condoning, supporting, or encouraging any acts which would violate this Code. (Note: Students who observe acts in violation of this Code are expected to remove themselves and are encouraged to report the matter.)
f. Sanction Violation: Violating the terms of any student conduct sanction as imposed in accordance with student conduct procedures, including the failure to complete sanctions by the stated deadline.
g. Solicitation: Unauthorized solicitation, sale, or promotion of any goods or services in College-owned or operated property, including residence halls, or at College-sponsored events.
h. Concerning Behavior: Behavior that disrupts, threatens, or adversely affects the learning, teaching, or living environment of other student(s), off-campus residents and neighbors.
i. Lewd or indecent behavior, including public urination, and public nudity.
j. Intentionally concealing one’s identity, or wearing masks (Halloween or costume) is prohibited on campus.
IV. STUDENT CONDUCT SYSTEM & PROCEDURES
These guidelines are intended to provide general notice of rights and responsibilities during the student conduct process. This Code does not, nor is it intended to, afford the specificity or the due process rights of criminal or civil statutes or procedures.
A. Case Referrals
1. Any person may refer a student or student organization suspected of violating this Code to the Office of Student Affairs or to the associate provost, van loan school of graduate and professional studies, as appropriate. The referral will be reviewed to determine the appropriate student conduct
or administrative action to be taken in accordance with this Code including, in the event that there is insufficient evidence to support formal action, a determination that student conduct or administrative action is not warranted.
2. Referrals should be made within a reasonable timeframe after the alleged incident (or after the latest alleged incident in cases of harassment or where there is a succession of documented incidents). Student conduct action may be pursued after considering the amount of time that has
passed since the alleged incident and whether there is enough information available to substantiate the reported behavior.
3. Administrative action, in lieu of formal student conduct action, may be taken at the discretion of the College, in an appropriate and reasonable manner, to address student behavior.
4. Interim sanctions and measures: The College may take any measures it deems necessary to protect the safety and well-being of students, other members of the College community, or the community as a whole, pending the determination of any suspected violation, up to and including removal from housing and/or interim suspension from the College.
B. Student Conduct Proceedings
A student potentially subject to sanctions is entitled to a hearing which will normally consist of a meeting between the student responding to allegations (“respondent”) and an administrator. Such hearings may be audio recorded by the College at its discretion. In any conduct matter, an investigation may be performed at the College’s discretion by the hearing officer, by internal staff as designated by the dean of students or Vice President of Student Affairs, or by an external party selected for such purpose. In matters involving violations of the College’s Sexual Misconduct and Relationship Violence Policy, students will be afforded the protections and process set forth in the Sexual Misconduct and Relationship Violence Policy, under the direction of the Title IX coordinator, in addition to the conduct proceeding set forth herein. At the discretion of the Vice President of Student Affairs (or designee) or the vice president and dean of the graduate school, in certain circumstances, the hearing may be referred to the Student Accountability Board for hearing and determination, rather than a hearing conducted by an appropriate conduct officer. At the discretion of the College administration, for example to limit in-person meetings during the COVID-19 pandemic, conduct proceedings may be held in an online format via the Zoom meeting
platform. In this instance, a student will receive a charge letter via email per the student conduct process outlined in this handbook. That charge letter will include the date and time of a conduct proceeding and indicate whether or not that proceeding will be online or in an on-campus office. If online, a secured meeting invitation will be sent to the student email address following a charge letter indicating how to access that online conduct proceeding.
Further, at the request of the respondent or complainant, a conduct proceeding can be moved to an online format for any type of alleged violation, including but not limited to cases of abusive conduct, sexual misconduct and/or violations of the alcohol and drug policies. Conduct proceedings via the Zoom platform will be audio recorded as they are with in-person proceedings, and functions such as “Video On/Off” and “Break Out Groups” may be utilized to ensure options for student privacy, as deemed appropriate.”
C. Guidelines for Student Conduct Proceedings
The following procedural guidelines shall be applicable in student conduct proceedings. Formal rules of process, procedure, and technical rules of evidence, such as applied in criminal or civil court, are not used in student conduct proceedings. Deviations from prescribed procedures shall not necessarily invalidate a decision, unless significant prejudice to an accused student (respondent), complainant, or the College results.
1. The respondent shall receive advanced written notification of the charges and the date, time, and location of the scheduled proceeding. Notice will most often take the form of a letter delivered to a student’s College email account and/or available for pickup at the Office of Student Affairs.
2. The respondent will have the option to request an informational meeting prior to the hearing to inquire about the process and to assist in preparation for the hearing. The informational meeting may occur immediately prior to the hearing or will be scheduled soon as is reasonably possible.
3. The respondent may request a reasonable extension of time to prepare for the proceeding. Requests for an extension will not be granted for a period to exceed two business days except in unusual circumstances where the respondent can demonstrate the necessity for a longer delay. All requests for
extension of time should be made in writing at least 24 hours prior to the scheduled proceeding, except in cases of documented serious illness or emergency.
4. The respondent shall be afforded reasonable access to review the case file prior to and during the proceeding, and may request to review a copy of a redacted incident report from administration. If additional information becomes available and is relevant, it will be discussed and reviewed at the
proceeding.
5. The respondent shall have the opportunity to provide additional relevant information for the student conduct proceeding.
6. The respondent shall have the opportunity to respond to the information related to the alleged violation of the Code; the respondent may provide the names of material witnesses who have relevant and necessary information pertaining to the incident. These individuals will be invited at the discretion
of administration to participate in the proceeding, but are not required. Character witnesses will not be heard.
7. Student conduct proceedings will be closed to non-participants and to the public.
8. A respondent may be accompanied by one advisor. The role of the advisor shall be limited to support and consultation; the advisor may not speak during any student conduct proceeding except privately to the respondent, nor shall the advisor question or address witnesses. Violation of this expectation will result in the advisor being removed from a student conduct proceeding at the discretion of the student conduct administrator.
9. A respondent who fails to appear at a scheduled proceeding without good cause (e.g., serious illness), after proper notice of such a proceeding, may be adjudicated in absentia, and forfeits all rights to an appeal unless it is for lack of proper notice, as required herein. In such cases, decisions will be based solely on witness testimony and other written information and/or other evidence presented during the proceeding.
10. Proceeding outcomes must be supported by a preponderance of evidence. Preponderance of evidence means that a greater weight of evidence has been demonstrated in order to decide in favor of one side over the other, to determine whether a fact is true, or to establish that an event occurred. A preponderance of the evidence does not necessarily mean the greater amount of evidence, but rather the greater quality of evidence-making it more likely than not the matter in question is true.
11. A respondent may be found in violation of any prohibited conduct (including sections of the Code for which he or she was not originally charged) when behaviors that were previously unknown are discovered during the course of the student conduct proceeding or if it is determined that a different section of the Code more appropriately addresses the conduct in question.
12. The outcome of the student conduct proceeding shall be conveyed to the student in writing. Student Accountability Board Hearings
During a Student Accountability Board hearing, the accused student and complainant are given the opportunity to express his or her version of events on the matter at hand. The Board seeks to determine whether a violation of Endicott policies has occurred based on evidence presented by questioning the complainant, witnesses, and accused student. At the conclusion of a hearing, the Board discusses the evidence and testimony and makes a determination. The Board decides by a simple majority vote whether it is “more likely than not” that a violation of College policy has occurred. The Student Accountability Board will recommend action steps and/or sanctions when necessary to the associate dean of students. The Associate Dean of
Students (or designee) will make a final determination in consultation with the Vice President of Student Affairs or president as is appropriate about what disciplinary action will be imposed. All outcomes of the Student Accountability Board will be communicated in writing.
V. SANCTIONS
A. The imposition of sanctions is based on the nature of the violation and the severity of any damage, injury, or harm resulting from it, and the character, disciplinary record, and rehabilitative potential of the student respondent.
B. In some cases, a sanction may be held in abeyance for a specific period. This means that, should the student be found in violation of the Code during the stated period, the student may be subject to the deferred sanction in addition to the student conduct action appropriate to the new violation.
C. The following mitigating and aggravating factors may be considered in imposing a sanction:
• Past conduct history of the student, which may include the completion of conduct action steps
and/or sanctions from past conduct cases.
• Nature of the offense.
• Severity of the damages, injury, or harm resulting from the offense.
• Whether the responsible student promptly took responsibility for their actions.
• The responsible student’s demeanor, honesty, and cooperation with staff during the investigation
of the complaint and conduct proceeding.
• Whether the violation involved an action directed at another based on his or her race, religion,
ethnic origin, gender, age, physical ability, or sexual orientation.
D. The College cannot anticipate all social behaviors that may impact the community, therefore, the College reserves the right to combine sanctions when appropriate and/or deviate from the published sanctions in consultation with the president.
E. Conduct Hold on Student Account as a Result of Sanctions
A conduct hold is an administrative notation on a student’s record. It freezes a student’s record, preventing them from registering for classes, dropping and adding courses, or obtaining an official transcript. The Conduct Office places a hold on a student’s record when that student fails to complete their sanctions by the prescribed deadlines. The hold may be temporarily lifted due to special circumstances upon request of the student. Following the hold’s temporary lift, the hold will be reinstated until the completion of required sanctions.
F. In order to provide as much information as possible to students about the types of sanctions commonly assigned for violations of College policy, the College has created the tables below. These tables include the College policies most commonly addressed by our Conduct Office, and the recommended sanctions for each. These tables are intended to be an education reference for students curious about conduct sanctions at Endicott. Please understand that each conduct case is unique, and the College reserves the right to issue sanctions that are appropriate for each case. In some cases, the sanctions assigned may differ from what is listed below. Repeated or ongoing violations of the Student Code of Conduct may result in suspension or dismissal from the College. All sanctions issued are intended to act as an educational learning opportunity for the student and are designed to prevent similar behaviors.
G. Sanctions that may be imposed in accordance with this Code include:
1. Reprimand: An official written reprimand for violation of specified regulations.
2. Probation: A period of time in which a student is expected to demonstrate positive behavioral change. Violations of the terms of student conduct probation, or any other violation of this Code during the period of probation, may result in further sanctions, including eviction from residence,
suspension, or expulsion from the College.
3. Restitution: Repayment to the College or to an affected party for damages resulting from a violation of this Code.
4. Denial of Access to Specific Areas: Ban from certain non-academic area(s) for a specified length of time.
5. Relocation or Removal from Residence: Suspension or termination of the residence hall agreement and exclusion from visiting within certain or all residential facilities, as set forth in the notice of relocation or removal, for a specified period of time. A student who is removed from his or her
residence arrangement is not entitled to a refund of room fees.
6. Revocation of Privileges: Restrictions placed on activities and/or use of College services and facilities for a specified period of time.
7. Parental/Guardian Notification: The College reserves the right to notify the student’s parent or guardian in various situations it deems appropriate. The parent or guardian would be notified by telephone in emergency situations and in either writing or by telephone in disciplinary matters to the full extent permitted by law. Letters sent home are for informational purposes, with the belief that parents, students, and College administrators are all part of the educational development process. A student may be asked to notify a parent or guardian about policy violation(s) as well as sanctions imposed with a request that a parent or guardian contact the hearing officer to discuss the situation.
8. Parental/Guardian Conference: Parents or guardians of the students may be requested to attend a parental conference if and when a student chronically violates the Code or the nature of the incident warrants parental intervention.
9. Suspension: Exclusion from classes and other privileges or activities, including access to College premises or College-sponsored activities off campus, as set forth in the notice of suspension. A student who is suspended is not entitled to any tuition or fee refund and is banned from College
premises for the duration of the suspension.
10. Dismissal or Expulsion: Termination of student status, and exclusion from College premises, privileges, and activities. A student who is dismissed or expelled shall not be entitled to any tuition or fee refund. In the case of expulsion, the student will be banned from College premises permanently.
11. Discretionary Sanctions: Other sanctions may be imposed instead of or in addition to those specified above. Discretionary sanctions include, but are not limited to: service hours, fines, educational reflection assignments, participation in alcohol or drug awareness programs, and trainings,
counseling, and education regarding sexual assault and misconduct.
12. In the event that a student fails to complete their assigned sanctions within the required timeframe, the College may impose further sanctions and/or may institute a hold on the student’s ability to register for classes. All deadlines for completing a sanction will be outlined in the student’s finding letter. It is the student’s responsibility to read their finding letter thoroughly and to know the deadline of each assigned sanction. Students who are assigned sanctions will receive one email reminding them that their sanction due date is approaching. Any questions or concerns regarding sanctions or sanction due dates must be submitted in writing prior to the sanction due date.
Any student who would like to request an extension for completing their sanctions must contact the Student Conduct Office. Requests may be submitted by email to: conduct@endicott.edu. Extension requests are approved at the discretion of the College.
VI. Appeals
The outcome of a student conduct proceeding may be appealed subject to the following guidelines:
A. A letter of appeal should be submitted to the Office of the Vice President of Student Affairs or the Office of the vice president and dean of the graduate school, as appropriate, by the student within three business days of receipt of the outcome of the student conduct proceeding.
B. A student adjudicated in absentia forfeits all rights to an appeal process unless it is proven that it is for lack of proper notice, except in an extraordinary circumstance.
C. The appeal must specify grounds that would justify consideration. General dissatisfaction with the outcome of the student conduct proceeding or an appeal for mercy is not appropriate grounds for appeal. The written appeal must specifically address at least one of the following criteria:
1. Significant procedural error that changes the findings of fact of the student conduct proceeding.
2. New evidence that significantly alters the findings of fact, that was previously unknown to the respondent, has been discovered and is available during the appeal process.
D. The appellate officer may affirm, reverse, modify (including increasing sanctions), remand hearing outcomes and/or sanctions back to the original hearing officer, or order a new hearing as a result of an appeal finding.
E. For matters resulting in removal from residence, suspension, or expulsion, the Vice President of Student Affairs (or designee) will review and determine the outcome of the appeal. For all other matters, the Vice President of Student Affairs or associate provost, Van Loan School of Graduate and Professional Studies (or designee), as appropriate, will review and determine the outcome of the appeal.
F. Victims in cases of alleged physical violence and/or sexual misconduct are permitted to appeal.
G. One appeal is permitted on the grounds set forth in C above. The decision on the appeal is final and shall be conveyed in writing. Every effort will be made to resolve cases in an expedient manner. For more complex incidents, the College reserves the right to take extended time to resolve the
appeal and will communicate with the involved parties regarding the need for extended time.
H. The imposition of sanctions may be deferred while the appeal process is pending unless, at the discretion of the Vice President of Student Affairs (or designee) or associate provost, Van Loan School of Graduate and Professional Studies, as appropriate, the continued presence of the student on the campus poses a serious threat to themself or to others, or to the stability and continuance of normal College functions.
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