Definitions

Administrative Resolution – A resolution of a complaint, which is mutually agreed upon by the CCA and the Student. An Administrative Resolution shall be put in writing by the CCA, signed by the CCA and the Student and maintained in a student’s disciplinary file.  An Administrative Resolution shall result in a Student waiving their right to a Student Conduct Board hearing or Appeal.

Appeals Officer – The College’s designated administrator responsible for reviewing appeals.  In cases of academic dishonesty, the Appeals Officer shall be the College’s senior academic officer or designee.

Code of Conduct Administrator (CCA) – The College official charged with the responsibility of administering the College’s Student Code of Conduct.  A member of the Massachusetts Community College Council (MCCC) shall not be selected to serve as the CCA.

College Official – Any person employed or contracted by the College to perform administrative, instructional, or professional duties.

College Property – 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.

Complaint – An allegation of a violation of the Code of Conduct, which is filed with or by the CCA. 

Day – Shall mean a calendar day. The number of days indicated at each level shall be considered as a maximum. All reasonable efforts shall be made to expedite the process, but the CCA may extend the time limits at their discretion with notice to both parties in writing, including for inclement weather and/or College closures.

Outcome – The final determination of responsibility in the student conduct process. An outcome may either be “responsible” or “not responsible.”

Sanctions – An obligation that a student or student organization must abide by or complete when found responsible for violating the Student Code of Conduct. Sanctions are not required to be imposed progressively, but are based on the severity and/or frequency of the violation.

Sanctions under this policy shall include, but are not limited to:

Written Warning – An official written notice to a student that their conduct is in violation of College rules or regulations.

Restrictions/Loss of Privileges – Restriction or loss of privileges as a student for a specified period of time, including but not limited to: attending College classes, events and/or activities; accessing College property or specifically designated areas; or participating in College organizations.   

Educational Sanction – A project or developmental activity imposed with the goal of educating the student about personal responsibility and/or the impacts of their behavior.

Restitution - The assessment of financial charges or other forms of reimbursement for any damage or loss incurred by the College or any members of the College community.

Probation – A student’s status at the College is in jeopardy due to one or more violations of the Code of Conduct. Probation is a more severe sanction than a written warning.  Unless expressly authorized by the CCA, a student on probation may not represent the College in any capacity. Examples include but are not limited to: running for or holding office in any student organizations; participating in intercollegiate athletic teams, intramural programs, any student clubs or organizations; representing the college in community service projects; participating in paid or unpaid internship programs or study abroad programs.

Suspension – Separation from the College or a program, without financial reimbursement, for a specified period of time not to exceed three academic years. Conditions for readmission may be specified, including a reinstatement review and meeting with the CCA to demonstrate that the student is prepared to return to the college environment and abide by the expectations of behavior outlined in the Student Code of Conduct. During the suspension period, the student may not register or participate in classes, use College communication systems such as e-mail, or enter College property and loses all privileges to participate in any College functions, events, or activities without prior written approval from the CCA.

Any suspension may be deferred for a designated period of time, not to exceed one (1) semester.  Deferred suspension will be utilized in unique circumstances where deferring the suspension would be in the best interest of the student as determined by the CCA. A student on deferred suspension who is found responsible for an additional violation of the Student Code of Conduct may be issued additional sanctions, up to and including Expulsion.

Expulsion – Permanent separation from the College or a program without financial reimbursement.  An expelled student may not be readmitted to the College or a program and a notation of expulsion from the College shall be placed on the student’s official College transcript.

Standard of Proof: Preponderance of Evidence – The standard used in resolving a complaint filed under this Code’s Disciplinary Process.  The standard is met if the proposition is more likely to be true than not true (i.e.; more probable than not).  Effectively, the standard is satisfied if there is greater than 50 percent chance that the proposition is true.

Student – The individual whose behavior may have violated the Code of Conduct including any individual who:

1. has been issued a student identification number; or
2. has received an offer of admission; or
3. is enrolled in courses, whether full-time or part-time, credit or non-credit; or
4. is participating in a non-degree, dual enrollment, or early college program; or
5. is not currently enrolled but has a continuing educational relationship with the College.

Student Conduct File – The printed/written/electronic file, which may include, but is not limited to, investigatory materials, incident report(s), correspondence, witness statements, and student conduct history.

Student Organization – An association or group of persons, including, but not limited to, any recognized student club, organization, or team.

Student Conduct Board – Members of the College community selected and trained by the CCA to conduct a hearing when an Administrative Resolution cannot be agreed upon by the student and the CCA or at the request of the student.  Members of the Student Conduct Board shall not have any conflict of interest and are required to act in a fair and impartial manner.

Substantial Disruption or Interference – Substantial disruption or interference includes conduct: (1) that impedes the regular and essential operations of the College; or (2) where the expressive rights of another are so disrupted or interfered with that they effectively cannot exercise their rights to engage in or listen to expressive activities.  Determining what constitutes a “substantial disruption or interference” is decided on a case-by-case basis.  Examples include, but are not limited to: shouting down a speaker; disrupting a faculty member’s instruction such that it impedes the learning process; failure to comply with a College Official’s appropriate directives or instructions; threats of harm; harassing conduct; fights or violent behavior; blocking access to or from any College facilities, events or services; or conduct that places health or safety at risk.  Substantial disruption or interference does not include conduct that is protected under the First Amendment.