Appendix C: Endicott College Student Code of Conduct

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 can 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 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

1. The Code applies to the conduct of all students on-campus and in Endicott leased spaces. 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.

2. 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.

3. 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.

II. AUTHORITY FOR STUDENT CONDUCT

1. 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. As an ordinary matter, the president has delegated authority over student conduct to the Associate Dean of Students, who may delegate and exercise it consistent with these procedures. 

2. The Associate Dean of Students (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. The Associate Dean of Students (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.

3. With respect to the undergraduate campus students, the Office of Community Standards, under the direction of and guidance from the Associate Dean of Students, 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. 

4. 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.

5. 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.

III. PROHIBITED CONDUCT

The following prohibited behaviors and activities are prohibited and may result in student conduct action under the Endicott Student Code of Conduct. 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. Violation of the Non-Discrimination, Harassment, and Sexual Misconduct Policy 

2. Fire and Community Safety

a. Inappropriate activation of any emergency warning equipment or the false reporting of any emergency.Unlawful possession, removal of, damage to, covering of, or tampering with fire safety or other emergency warning equipment.

b.  Failure to evacuate a College building or facility within a reasonable amount of time after a fire alarm is sounded.

c. 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 deemed so by the College.

d. Fireworks and/or explosives of any kind are prohibited.

3. Tobacco, Cannabis, Illegal Drugs, and Controlled Substances

Consistent with Federal law and The Drug-Free Schools and Communities Act Amendments of 1989 Endicott College prohibits the following behaviors of all students and guests:

a. Possession or use of cannabis in any form.

b. Smoking of any kind in any College building, including tobacco, the use of vaporizers, electronic cigarettes, or any other smoking paraphernalia. 

c. The presence or detection of cannabis, tobacco,  or other drugs through odors and an attempt to conceal such odors by placing objects under doors or using fans to direct airflow out of windows.

d. Unlawful possession or use of illegal drugs or controlled substances, including prescription medicine for which the student does not have a prescription in their name.

e. Purchase, distribution/intent to distribute, delivery, or sale of illegal drugs or controlled substances including the presence of materials commonly used in distribution or sale.

f. Possession or use of drug paraphernalia.

g. Being in the presence of illegal drugs and/or drug paraphernalia.

4. Alcohol

The College prohibits the following behaviors of all students and guests:

a. Possession or consumption of alcohol when under the age of 21 as specified by the Commonwealth of Massachusetts.

b. Providing alcoholic beverages to an individual who is under the age of 21 as specified by the Commonwealth of Massachusetts.

c. Being in the presence of alcoholic beverages (consumed or possessed) by any person under 21 years of age.

d. Intoxicated behavior that endangers self or others, or brings discredit to the College.

e. Hosting or attending an open house/room guest 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).

f. Violation of Registered Social Event. Failure to check IDs, enforce responsible consumption, allowance of under age students, or failure to maintain proper guest count.

g. 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.

h. Common sources of alcohol such as kegs, alcoholic punches, grain alcohol, and binge drinking paraphernalia (i.e. funnels, etc.) are prohibited.

i. 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.

5. Personal Conduct and Disruptive Behavior

a)      Physical abuse or contact that harms or attempts to harm the emotional or physical health or safety of any person.

b)      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).

c)      Violation of federal or state law or local ordinance.

d)      Aiding, abetting, conspiring, soliciting, inciting, or attempting to commit, any other violation of federal law, state law, or local ordinance.

e)      Disrespect or failure to comply with a lawful order of a College official or any law enforcement official.

f)       Providing false information to a College official or a law enforcement official, including but not limited to student conduct hearing officers or investigators. 

g)      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)      Lewd or indecent behavior, including public urination, and public nudity.

i)       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 the 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).

j)       Behavior that creates a concern for the safety of members of the College community.

k)      Driving a motorized vehicle under the influence of alcohol and/or other drugs or operating a motor vehicle on or off-campus in a reckless or endangering manner

l)       Gambling as prohibited by the laws of the Commonwealth of Massachusetts (may include raffling, lotteries, sports pools, and online betting activities).

m)   Property 

        i.Damage or destruction of College, public, or private property.

       ii.Theft: Removing or using the property or services of another person or the College, with the intent to permanently deprive the person or College of the property.

      iii.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.

       iv. Receipt, possession, sale, or purchase of property or services that are known or reasonably should have been known to have been stolen.

        v. Entering or using the property or facilities of the College or another person without the proper consent or authorization

n. Misrepresentation or Misuse of Identity or Identification

i. Permitting another person to use one’s identification.

ii. Inappropriate use of another person’s identification.

iii. Impersonation, or misrepresenting the authority to act on behalf of another or the College.

iv. Forgery, alteration, or misuse of identification, documents, records, keys, or access codes.

v. Manufacture, distribution, delivery, sale, purchase, possession, or use of false identification.

vi. Intentionally concealing one’s identity.

o. Acts or behaviors that negatively impact the safety of individuals, the college or members of the college community.

p. Acts or behaviors that negatively impact the reputation of the college or the college community.

q. Acts that disrupt the College student conduct process including attempting to coerce or influence a person regarding their participation in any student conduct proceeding.

r. Being present during the violation of the student code of conduct in a way that condones, supports or encourages that violation.

6. Bias-motivated and harming behavior

a. Endangerment 

i. Physical violence towards another person or group. 

ii. Action(s) that endanger the health, safety, or well-being of another person, group, or oneself.

iii. Interference with the freedom of another person to move about in a lawful manner. 

b. Harassment

iv. Conduct, not of a sexual nature, which creates an intimidating, hostile, or offensive environment for another person.

v. Action(s) or statement(s) that threaten harm or intimidate another.

vi. Acts that invade the privacy of another person.

vii. Bullying behavior, defined as the systematic and chronic infliction of physical hurt or psychological distress by teasing, social exclusion, threat, intimidation, stalking, physical violence, theft, harassment, or destruction of property. 

viii. Stalking, defined as a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others’ safety or to suffer substantial emotional distress.

c. Discriminatory Harassment: Any act, conduct, or communication that is reasonably understood to be motivated by race, color, national or ethnic origin, ancestry, religion, sex, sexual orientation, gender identity, gender expression, age, genetics, physical or mental disability, and veteran or other protected status, and that degrades, shows hostility towards, threatens, intimidates, harasses, and/or embarrasses, and/or brings physical harm to a person or group and/or d) constitutes hate speech (any form of expression through which speakers intend to vilify, humiliate, or insight hatred against a person or group) and/or e) creates an intimidating, hostile, or offensive environment for another person or group.

7. Hazing

Hazing includes, without limitation, behaviors that violate Massachusetts General Laws Chapter 269, Sections 17-19 (included below).

The law defines hazing as “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 or safety 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.”

Endicott College is required by this statute to issue a copy of the law to the leadership of every registered student organization. The Office of Student Engagement requires all groups to sign an acknowledgment of this law. The Department of Athletics is required to review the law annually with every varsity athlete. If you have any questions regarding the law, discuss them with a staff member from the Department of Athletics.

Endicott College further expanded the Massachusetts law to also include the following as part of the Endicott College Hazing Policy: Any act committed against someone joining or maintaining membership in any organization or team that is humiliating, intimidating, or demeaning, or endangers the health and safety of the person. Hazing includes active or passive participation in such acts and occurs regardless of the willingness to participate in the activities. This may include activities that are a violation of international organizational policies related to hazing. Hazing creates an environment/climate in which dignity and respect are absent.

a. Hazing in any form including, but is not limited to:

i.    Unreasonable interference with a student’s academic performance
ii.    Asking or forcing any members to consume/use alcohol and/or drugs, or ingest any other food, beverage or substance
iii.    Requiring situationally inappropriate attire
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.    The expectation of participation in activities that are unlawful, lewd, or in violation of College policy.
 

b. 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.

c. Retaliating against any individual who reported a hazing violation or suspected hazing violation to College or law enforcement officials.

8. Digital misuse​

1. Recording or screenshots of images without expressed consent from all participants
2. Recording of Oral Communications without consent
3. Any written posts or images reflecting racist and/or hate-based language or behavior
4. Repeated, unwanted contact or messaging
5. Photoshopping or sharing of any images taken without expressed consent
6. 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
7. Any social media posts, emails, or online messaging of a targeting, bullying, or harmful nature and/or that targets an individual or group based on a protected identity class 
    

9. Other Campus Policies

1. Violation of the Abusive Conduct policy ( see page 33). 
2. Violation of the Good Neighbor Policy (see page 37).
3. Violation of Residence Life Policies (see page 49)
   1. Violation of the Guest Policy (see page 60).
   2. Violation of the Endicott College Housing agreement.
   3. Failure to comply with Residence Life policies and processes.
   4. Any other violation of the College Residence Life policies.
4. 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.
5. Violation of Information Technology Policy (see page 42).
   1. Unauthorized access or entry into a computer, computer system, network, software, or data.
   2. Unauthorized alteration of computer equipment, software, network, or data.
   3. Unauthorized downloading, copying, or distribution of computer software or data.
   4. Any other violation of the College Information Technology policy.
6. 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.

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 Department of Student Affairs, 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 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 Senior Vice President of Student & External Engagement, or by an external party selected for such purpose. 

The Office of Community Standards reserves the right to determine if an incident can be resolved through an informal process. Only certain types of incidents are eligible for adjudication through an informal resolution. Students who do not want to resolve the incident through informal resolution have the option to request that the situation be resolved through an administrative hearing. Informal resolutions are mutually agreed upon decisions and as such do not have the ability to be appealed. Informal resolution cases are documented in a student’s conduct record. Failure to complete any agreed sanctions from an informal resolution will result in referral to an administrative hearing.

In matters involving violations of the College’s Sexual Misconduct and Relationship Violence Policy, students will be afforded the protections and process outlined 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 College administration, 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. 

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), the 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 Community Standards.

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 as 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 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. A 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 that 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 previously unknown behaviors are discovered during 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.

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:

1. Past conduct history of the student, which may include the completion of conduct action steps and/or sanctions from past conduct cases.

2. Nature of the offense.

3. Severity of the damages, injury, or harm resulting from the offense.

4. Whether the responsible student promptly took responsibility for their actions.

5. The responsible student’s demeanor, honesty, and cooperation with staff during the investigation of the complaint and conduct proceeding.

6. Whether the violation involved an action directed at another based on his or her race, religion, ethnic origin, gender, gender identity, gender expression, 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 Senior Vice President of Student & External Engagement.

D. Conduct Hold on Student Account as a Result of Sanctions

1. 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.

2. The Office of Community Standards 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 the required sanctions.

F. The list below is intended to be an educational 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.

The sanctions listed below are potential outcomes for more common violations and may be more severe depending on the specifics of the incident. History of conduct violation(s), as well as other violations which may have occurred simultaneously will be considered. 

Disciplinary standings and sanctions can be issued through the student conduct process. Disciplinary standings include:

1. Letter of Warning: a formal warning for violation of the Code of Conduct, including a statement that continuation or repetition  of prohibited conduct may result in more serious sanctions.

1. Disciplinary Probation: a formal warning for violation of the Code of Conduct. Probation is for a designated period of time and includes the probability of more severe sanctions to be imposed if the student is found in violation of the Code of Conduct during the period of probation.

2. Deferred Suspension: the most serious formal warning for violation of the Code of Conduct that affects the student’s standing with the College. If the student is found responsible for violating the Code of Conduct during the period of deferred suspension, suspension  may become effective, and the student may be subject to additional  sanctions for the additional violation. A student on deferred suspension from the College may have restrictions or limitations imposed to their participation in College-sponsored activities. Students on deferred suspension may be members of  organizations but may not be eligible to hold any elected or appointed position in any recognized student organization or group, serve in student leadership positions, or other positions that represent the College. A student will continue on disciplinary probation for a specified period of time following the completion of deferred  suspension.

3. 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.

4. Suspension: Exclusion from all academic coursework, including in-person and via online instruction, 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 restricted from accessing the College premises for the duration of the suspension.

5. Expulsion: Termination of student status, and restriction 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 restricted from College premises permanently.

Additional sanctions include:

6. Restitution: Repayment to the College or to an affected party for damages resulting from a violation of this Code.

7. Denial of Access to Specific Areas: Ban from areas on-campus for a specified length of time.

8. Revocation of Privileges: Restrictions placed on activities and/or use of College services and facilities for a specified period of time.

9. 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 emergencies 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.

10. 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.

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 training, counseling, and education regarding sexual assault and misconduct.

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 Office of Community Standards. 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 Associate Dean of Students by the student within three business days of receipt of the outcome of the student conduct proceeding. An appropriate appellate officer will review the appeal and issue a final determination on the case.

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 Assistant Vice President and Dean of Students (or designee) and/or the Senior Vice President of Student & External Engagement will review and determine the outcome of the appeal. For all other matters, the Senior Vice President of Student & External Engagement (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 item C above. The decision on the appeal is final and shall be conveyed in writing. Every effort will be made to resolve cases expediently. For more complex incidents, the College reserves the right to take an 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 Assistant Vice President and Dean of Students (or designee) as appropriate, the continued presence of the student on the campus poses a serious threat to themself or others, or to the stability and continuance of normal College functions.