Student Code of Conduct

Purpose

Hawkeye Community College is an educational institution that strives to promote the transmission of knowledge, the development of students, and the well-being of society. The College is dedicated to providing a safe and civil educational setting for these endeavors, and has established this Student Code of Conduct to promote the College’s mission and protect the rights of students, faculty, and staff. Students are required to engage in responsible academic and social conduct that reflects positively upon the College community and to model good citizenship in any community. To this end, students are expected to adhere to the following Student Code of Conduct.

Conduct rules and standards at Hawkeye are provided in writing in order to provide students general notice of prohibited conduct.

Note, this Code should be read broadly and is not designed to define prohibited conduct in exhaustive terms.

Authority

The President of Hawkeye Community College has the authority to establish, publish and disseminate policies and procedures that establish the rules and regulations concerning student conduct; equally, the President has the authority to establish the means and expectations for enforcement, including the penalties for any violations thereof.

The Vice President of Student Affairs will have the authority to determine the composition of Student Conduct Hearing Boards, as well as carry out any other act authorized by this Student Code of Conduct.

All conduct activities shall be monitored by the Dean of Students to ensure consistency and equity in the application of adjudication. All disciplinary sanctions, imposed institution-wide will be reported to the Dean of Students for record-keeping purposes.

The philosophy of the College is to handle discipline matters at the lowest possible level by recognizing a variety of hearing officers. Hearing officers are identified as Hawkeye Community College official. The Hearing Officer is authorized to exercise control over the proceedings to order elicit relevant information, to avoid needless consumption of time and to prevent harassment or intimidation of witnesses.

Jurisdiction

The Student Code of Conduct applies to all students and student organizations and to conduct that occurs on campus, at all College-sponsored activities, and to off-campus conduct that adversely affects the College community and/or the pursuit of its objectives. Specifically, this Student Code of Conduct includes conduct that occurs off-campus in the following situations:

1. Any conduct that occurs at events or during travel authorized, funded or sponsored by the College.
2. Any conduct that occurs at events or during travel funded or sponsored by a student organization.
3. Conduct that poses a risk to the health and safety to individuals in the campus community, or could harm on campus.
4. Conduct that poses a risk to the health and safety of individuals, and the application of the Code of Conduct that is reasonable and necessary to educate the student about the risks of the conduct; or to help the student avoid engaging in the conduct in the future.
5. Any conduct that was intentional and caused, or attempted to caused, physical injury to a college employee, another student(s), or guest or visitor to the College.

The term “on-campus” includes all College-owned or Controlled property and facilities at all locations, and the use of any College electronic systems. The term “off-campus” means any location that is not on-campus.

When a student has been charged with an allegation of a violation, the student has the right to a notice of the violation and an opportunity to be heard. In situations where infractions where suspension, dismissal or expulsion may be imposed, a student will have additional rights as set forth in the subsequent sections.

Students who are accused of committing a violation of the Code while they are enrolled at the College may still be held responsible for the violation even if they later withdraw from the College prior to a resolution of the alleged violation.

The Code applies to recognized student organizations. A recognized student organization is responsible for a member’s conduct from the time the student is admitted to membership until the earlier of the student’s permanent termination from membership or is awarded a certificate or degree.

Standard of Proof

The College utilizes a standard of a preponderance of the evidence for the adjudication of alleged violations of the Student Code of Conduct. This means that cases shall be determined on the basis of whether it is more likely than not that, the accused violated the Student Code of Conduct “More likely than not” means that after assessing the quality of the evidence, the adjudicator will only find the accused responsible for the alleged policy violations if the evidence leaves them reasonably convinced that a finding of responsibility is justified.

That is, the adjudication (determination) must find that there is sufficient evidence that is relevant, probable, and persuasive to convince the adjudicator that the Respondent committed the alleged policy violations, and that the evidence supporting a finding of responsibility outweighs any evidence that the Respondent is not responsible for the alleged misconduct.

Pending Civil or Criminal Action

The College must act promptly to address any issue of misconduct. Therefore, discipline proceedings and actions are not subject to challenge or postponement on the grounds that civil action or criminal charges involving the same incident have been dismissed, reduced, or are pending in civil or criminal court.

Definitions

Advisor: Individual who accompanies a respondent to a hearing for the limited purpose of providing support and guidance. It is important to know an advisor may not directly address the Dean of Students or designee, Conduct Hearing Board or otherwise participate in a student conduct hearing.

Alleged Victim: Any individual alleged to have experienced physical injury, harassment, or other forms of misconduct, or the theft of or damage to personal property; or to have been the object of direct threats of such actions; committed by a student or student organization.

Appellate Officer: A College administrator designated to hear appeals of students receiving a discipline decision from the Dean of Students or Conduct Hearing Board.

Business Day: Timeframe in which the College is open to conduct normal business. This does not include weekends, holidays, or closures due to inclement weather.

Conduct Hearing Board Chair: It is the duty of the Dean of Students or designee to preside as the Chairperson (Chair) of all the meeting of the Conduct Hearing Board. The Chair shall function as the Hearing Officer and shall answer any questions concerning the interpretation of the non- academic Misconduct Policy that one deems advisable, applicable, and practical during the course of the hearing. The Chair has the authority to remove any individual from the hearing who is disruptive. The Chair reserves the right to suspend and reconvene a hearing for any compelling reason as deemed appropriate. Equally, the Chair shall have the right to seek advice and assistance from the College legal counsel, and adopt any special procedures as needed, provided these procedures are consistent with College policies governing Student Conduct; and that the special procedures are fully explained to all persons immediately concerned in the hearing.

College: The term “College” and “Hawkeye” shall mean Hawkeye Community College.

College Campus/Premises/Property: The following terms include all land, buildings, facilities, and other properties in the possession of or owned, used, or affiliated with the College (College vehicles, materials rented for College business, or off-campus facilities including adjacent streets and sidewalks).

College Official: “College Official” is any individual employed by the College or performing assigned administrative or professional responsibilities.

Complainant: An allegation of a Code of Conduct violation.

Faculty: “Faculty” refers to any individual hired by Hawkeye to conduct classroom instruction or teaching activities or who is otherwise considered by the College to be a member of its faculty, either full-time or adjunct. For the purpose of interpretation, the term “instructor” and “faculty member” will have the same meaning.

Hearing Officer: At Hawkeye Community College the Dean of Students or designee who conducts a disciplinary meeting or presides over the Conduct Hearing Board.

Investigator: Person or persons authorized by the College to investigate an allegation of a violation of the Hawkeye Community College Student Code of Conduct.

Party: The term that can be utilized for the Complainant or Respondent.

Reporting Person: An individual who files a complaint alleging a violation of Hawkeye Community College Student Code of Conduct.

Respondent: Individual or student organization alleged to have committed a violation of the Hawkeye Community College Student Code of Conduct.

Student: The term “student” includes all individuals enrolled at the College regardless of status (full-time/part-time; face-to-face/online; or concurrent/dual credit student; domestic/international). The term “student” includes:

• An individual who withdraws from enrollment at the College after allegedly violated the Hawkeye Community College Student Code of Conduct, but before the charge has been adjudicated;
• A person once enrolled as a student, not officially enrolled for a particular term in which an offense is committed, but who has a continuing relationship with the College;
• Any individual participation as a learner in a program or activity sponsored by the College, even if such program is conducted away from College premises, in any location, including but not limited to other states and countries.

Student Organization: Any recognized student organization where any number of persons have complied with the formal requirements for College affiliation or recognition.

Witness: An individual called to meet with an investigator or is called upon to testify before the Conduct Hearing Board. Witnesses may include a reporting person, a complainant, alleged victim(s), respondent(s), or other individuals the Chair determines to be helpful to the investigation or adjudication process.

Prohibited Conduct

1. Assault: Word or actions that would cause an individual reason to fear for one’s immediate safety. Words can constitute assault when they are accompanied by the ability to inflict immediate harm. This can include but not limited to intentionally and unjustifiably pushing, striking, or causing reasonable apprehension of harm to any person.
2. Battery: The use of force against an individual or acts that cause physical injury.
3. Recording/Distributing of Audio-Visual Material without consent: Making, attempting to make sharing, or distributing, an audio or visual recording of any person(s); without the knowledge and consent of all participants subject to subject to such recordings in locations where there is a reasonable expectation of privacy, and when the action is likely to cause injury, distress, or damage to one’s reputation. This includes, but not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom.
4. Climbing: Unauthorized climbing inside or outside campus buildings or structures.
5. Damage and Destruction: Damage and/or destruction of college or property of a member of the college community on or off-campus.
6. Harassment: Conduct not of a sexual nature including but not limited to physical, verbal, graphic, written, or electronic that is sufficiently severe, pervasive or persistent so as to threaten an individual or limit the ability of an individual to work, study, or participate in the activities of the college.
7. Disorderly or Disruptive:
   1. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other College activities, including its public service functions on or off-campus.
   2. Disruption or obstruction of other authorized non-College activities when the conduct occurs on College Premises.
   3. Participating in an on-campus or off-campus demonstration, riot, or activity that disrupts the normal operations of the College and/or infringes on the rights of other Members of the College Community, including breach of the peace.
   4. Leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area, including breach of the peace.
   5. Participating in lewd or indecent conduct.
   6. Failure to comply with directions of College Officials acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
8. Explosives: Unauthorized possession or use of explosives is prohibited.
9. Forgery or Fraud: Attempts to obtain any item of value under false pretenses, or falsification of official college documents.
10. Alcohol: The use possession, manufacturing, or distribution of alcoholic beverages (except as expressly permitted by college regulations), or public intoxication. Reference the Alcohol-Free and Drug-Free Campus for additional information.
11. Controlled Substance and Other Drug: The use, possession, manufacturing, or distribution of marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by law. Reference the Alcohol-Free and Drug-Free Campus for additional information.
12. Firearms, Weapons, or Other Items: Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on College Premises or use of any such item in a manner that harms, threatens, or causes fear to others.
13. Failure to Comply with a College Official: Failure to comply with a request and or directives of a college official(s) acting within the scope of their authority. This includes, but not limited to: failure of a student to present one’s identification card failure to keep or attend a required meeting, and failing to leave an area when requested by an authorized college official.
14. Disregard of Fire Alarm Signal: The disregard of a fire alarm signal or refusal to evacuate a building or section of a building when a fire alarm is sounding.
15. Misuse of Fire Fighting Equipment: Tampering, removing or discharging a fire extinguisher or any other fire emergency equipment except when there is a real need for such equipment.
16. Tampering with Equipment: Tampering with detection or suppression equipment, including deliberately initiating false alarm or creating conditions that result in a false alarm, or any tampering that would cause a malfunction of nonfunction.
17. Hazing: Individual/Group Behavior — An act which endangers the mental or physical health or safety of a student or other person, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a student or fraternal group or organization. The apathy, acquiescence, or express or implied consent of the victim does not take an act out of the definition of “Hazing.”
18. Key Violation: Unauthorized possession, duplication, or use of keys or identification cards to any College premises or unauthorized entry to or use of College premises.
19. Theft: Theft, attempted theft, or possession of stolen property. Theft of property having substantial value serious disciplinary action.
20. Burglary: Gaining unauthorized entry of the purposes of theft will be considered burglary
21. Public Urination/Nudity: Any act or attempted act of public nudity, including but not limited to streaking, mooning, and urinating in public.
22. Interference with the Student Conduct Process: Any attempt to influence, impede, intimidate, interfere or coerce any individual involved in a potential, actual, or past student complaint. This includes, but not limited to encouraging or influencing another person to commit an abuse of a college conduct system discouraging an individual’s proper participation in, or use of, the college conduct process, or distributing or interfering with the orderly process of a conduct proceeding.
23. Traffic: Obstruction of the free flow of pedestrian or vehicular traffic on College Premises or at College-sponsored or supervised functions.
24. Tobacco: Violating the Tobacco-Free Campus Policy
25. Vandalism: No student shall engage in willful or malicious destruction or defacement of College-owned or operated property.
26. Obstruction/Disruption of College Activity: Obstruction or disruption of any College activity including, but not limited to, academic, administrative, athletic, business, or social activities at the College.
27. Trespass/Unauthorized Entry: Gaining access to any College facility in a forcible or unauthorized manner. Occupying a College facility that has not been reserved through the appropriate College office.
28. Violation of College Policy, Procedure, Rule or Regulation: This is defined as the disregard or violation of any College policy, rule, or regulation published in hard copy or electronically on the College website.
29. Violation of Federal, Local and State Law: Student conduct that is sufficient to constitute a violation of federal, state, or local law that causes, or could cause harm to the campus community to the extent the College’s interests are distinctly and clearly involved.
30. Sexual Exploitation of Adults: The sexual exploitation of adults occurs when one person takes non-consensual or abusive sexual advantage of another for their own advantage or benefit or advantage anyone other than the one being exploited. This occurs when a person, for any purpose, knowingly engages in or condones acts or behaviors including, but not limited to:
    1. Allowing other individuals to observe private sexual activity from a hidden location or through electronic means (e.g., FaceTime, Snapchat, Skype, or live streaming of images) without consent of all participants.
    2. Engaging in voyeurism (e.g., watching private sexual activity without the consent of the participants or viewing another person’s intimate parts [including genitalia, groin, breasts, or buttocks] in a place where that person would have a reasonable expectation of privacy).
    3. Non-consensual digital, video, or audio recording of nudity or sexual activity.
    4. Unauthorized sharing or distribution of digital, video, or audio recording of nudity or sexual activity.
    5. Intentionally or recklessly exposing one’s genitals in non-consensual circumstances or inducing another to expose their genitals.
31. Sexual Exploitation of Minors: Causes, induces, entices, coerces, or permits a minor to engage in, or be used for, the making of child pornography. Causes, induces, entices, or coerces a minor to engage in, or be used for, any explicit sexual conduct. Manufactures, generates, creates, receives, distributes, reproduces, delivers, or possesses with the intent to deliver, including through digital or electronic means, whether or not by computer, any child pornography. Possesses child pornography.
32. Student Organization Conduct:
    1. No student organization shall act in a manner that does not promote responsible citizenship or uphold the spirit and expectations of the College.
    2. Student organizations must develop and assure new members are orientated to the what the student organization’s mission, purpose, academic expectations, bylaws, non-discrimination policy (College), and the appropriate utilization of funds entails.
33. Student Organization Use of Alcohol:
    1. No College funds, including funds raised by a student organization, may be used either directly or indirectly for the procurement of alcoholic beverages or other drugs.
    2. No student organization shall sell alcoholic beverages or other drugs.
34. Retaliation: No student shall retaliate against members of the College community who makes a report regarding potential violations of law or violation of College policy. Retaliation is any conduct causing any interference, coercion, restraint, or reprisal against a person making a complaint of filing a grievance against a person assisting in anyway in the investigation and resolution of the complaint or grievance.
35. Bullying: Bullying is defined as engaging in repeated and/or severe, aggressive behavior likely to intimidate or intentionally hurt, control, or diminish another person, physically or mentally, that is not speech or conduct otherwise protected by the First Amendment.
36. Computer/Technology Abuse: Any act that constitutes a violation of the College’s Computer Policies, Student Tutoring and Computer Lab Policies, and/or constitutes an act of Computer Misconduct as defined by College policy. This also includes any act of “e- bullying” or “cyberbullying” another Student, faculty, or staff.
37. Academic Misconduct/Dishonesty: The integrity of any academic program and degree rests on the principle that the grades offered to students reflect only their own individual efforts and achievement. The College does not tolerate academic dishonesty or misconduct, including all acts of plagiarism and cheating.
38. AI utilization: The utilization of Artificial Intelligence (AI) tools on examination/quizzes or in any other submitted materials designed to generate a human-like response is strictly prohibited without express consent from the course instructor.
39. Discrimination and Harassment other than discrimination and harassment under the College’s Sexual Harassment Policy: Engaging in behavior which is discriminatory, including harassment of other Students and staff and faculty, based on race, color, creed, sex, gender, sexual orientation, gender identity, national origin, religion, age, disability, veteran status, or other characteristics protected by law. Unauthorized sharing or distribution of digital, video, or audio recording of nudity or sexual activity.

Consistent with its mission to provide a safe and productive learning environment, the College prohibits any student from committing sex discrimination in the form of sexual harassment, which includes sexual assault, dating violence, domestic violence, and stalking (collectively “Sexual Harassment”).

The College protects its students from sexual harassment under Title IX under its Sexual Harassment Policy. The Sexual Harassment Policy and procedures will apply to allegations and incidents of sexual harassment under the scope and definitions of that Policy and its procedures, including reporting, discipline, and appeal procedures. Instances of alleged sexual harassment which fall outside of the scope and definitions of the Title IX, and thus the Sexual Harassment Policy and procedures, may be addressed under other applicable policy, including this Student Code of Conduct.

1. Harassment (verbal or physical) and/or intimidation of a member of a Student Conduct Board prior to, during, and/or after a Student Code of Conduct proceeding.
2. Failure to comply with the terms of an interim or final order in a disciplinary matter, including sanction(s) imposed under the Student Code of Conduct.
3. Influencing or attempting to influence another person to commit an abuse of the Student Code of Conduct System.

Code of Conduct Procedures

College conduct proceedings under the Student Code of Conduct are separate from criminal or civil litigation. Formal rules of process, procedures, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in the Student Conduct system.

Charges, Investigation, and Hearings

Any member of the College community may file charges against a student for violations of the Code. A charge shall be prepared in writing and directed to the Dean of Students or designee. Any charge should be submitted as soon as possible after the event takes place, preferably within six (6) months of the incident.

Resolution by Mutual Consent

The Dean of Students or designee may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the Dean of Students or designee. Such disposition shall be final and there shall be no subsequent proceedings.

If the charges are not admitted and/or cannot be disposed of by mutual consent, the case will proceed to an administrative hearing as set forth below.

If the Respondent admits violating institutional rules, but sanctions are not agreed to, the case will proceed to an administrative hearing as set forth below which shall be limited to determining the appropriate sanction(s).

The Dean of Students or designee may later hear the same matter or present the College’s evidence at any hearing, and is not disqualified by reason of the investigation or attempting to resolve the matter by mutual consent.

Investigation and Enforcement Where Sanctions Will Not Rise to the Level of Suspension or Expulsion

A conduct violation that may not result in the sanction of suspension or expulsion will be resolved through an administrative hearing before the Dean of Students or designee.

The Respondent shall be provided with written notice of the alleged Misconduct which describes the charges, and gives the date, time, and place of the hearing. The time set for the administrative hearing will ensure a prompt and equitable resolution, not less than five (5) nor more than thirty (30) business days after the Respondent has been notified. Maximum time limits for scheduling of an administrative hearing may be extended at the discretion of the Dean of Students or designee.

The Respondent shall be given an opportunity to request documents in the possession of the Dean of Students or designee pertaining to the charges (unless prohibited from disclosure by law, privilege, work product protection, or to protect the health and safety of the victim or witnesses).

During the administrative hearing, the Respondent will have an opportunity to respond to the charges and to present evidence or witnesses contesting the charges. The Dean of Students or designee will determine if a violation occurred and will issue appropriate sanctions.

If a Respondent, after receiving notice, does not appear for the hearing, the information in support of the charges will be presented and considered even if the Respondent is not present.

The Dean of Students or designee will notify the Respondent of the outcome of the hearing in writing within ten (10) business days of completion of the hearing, or longer for good cause.

Investigation and Enforcement Where Sanctions of Suspension or Expulsion May Be Warranted

A conduct violation that may result in suspension or expulsion will be resolved through a Student Conduct Board hearing according to the following guidelines.

Hearings are closed to the public. The Respondent and their advisor(s), if any, will be allowed to attend the entire portion of the Student Conduct Board hearing at which information is received (excluding deliberations). Admission of any other person to the Student Conduct Board hearing will be at the discretion of the Chair of the Student Conduct Board.

The Respondent will be provided with written notice which;

1. Describes the specific charge(s),
2. Provides the date, time, and place of the hearing, and
3. Informs the alleged that suspension or expulsion may be sought as a sanction.

The time set for the administrative hearing will ensure a prompt and equitable resolution, not less than five (5) nor more than thirty (30) business days after the Respondent has been notified. Maximum time limits for scheduling of an administrative hearing may be extended at the discretion of the Dean of Students, Provost/Vice President of Academic Affairs, or designee.

The Respondent shall be given an opportunity to request documents in the possession of the Dean of Students or designee pertaining to the charges (unless prohibited from disclosure by law, privilege, work product protection, or to protect the health and safety of the victim or witnesses).

If a Respondent, after receiving notice, does not appear for the hearing, the information in support of the charges will be presented and considered even if the Respondent is not present.

The administrative hearing will be heard by a Student Conduct Board. The Provost/Vice President of Academic Affairs will appoint a Student Conduct Board Chair and at least two (2) members of the Student Conduct Committee to serve on the Student Conduct Board.

The Chair of the Student Conduct Board shall preside as the hearing officer over the hearing, and resolve all questions of procedure and answer any questions concerning the interpretation of the Student Code of Conduct during the course of the hearing. The Chair has the authority to remove any individual from the hearing who is unduly disruptive. The Chair reserves the right to suspend and reconvene a hearing for any compelling reason as deemed appropriate. Equally, the Chair shall have the right to seek advice and assistance from the College legal counsel, and adopt any special procedures as needed, provided these procedures are consistent with College policies governing Student Conduct; and that the special procedures are fully explained to all persons immediately concerned in the hearing.

In hearings involving more than one Respondent, the Provost/Vice President of Academic Affairs, in their discretion, may permit the Student Conduct Board hearing(s) concerning each Respondent to be conducted either separately or jointly.

The Respondent has the right to be assisted by an advisor they choose, at their own expense. The advisor must be a Member of the College Community unless an exception is granted by the Provost/Vice President of Academic Affairs for a Respondent who is involved in a pending or active civil or criminal legal proceeding. In that case, an attorney may be permitted by the Provost/Vice President of Academic Affairs to serve as an advisor.

The Respondent is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in any Student Conduct Board hearing. A Student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Student Conduct Board hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor.

The College’s evidence against the Respondent will be presented by the Dean of Students or designee.

The Respondent and the Dean of Students or designee may arrange for witnesses, including the Complainant, to present pertinent information to the Student Conduct Board. The College will try to arrange the attendance of possible witnesses who are Members of the College Community, if reasonably possible, and who are identified by the Respondent at least two (2) weekdays prior to the Student Conduct Board hearing.

Witnesses will provide information to and answer questions from the Student Conduct Board. Questions of witnesses may be suggested by the Respondent to be answered by each other or by other witnesses. This will be conducted by the Student Conduct Board, with such questions directed to the Chair, rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved in the discretion of the Chair of the Student Conduct Board.

Pertinent records, exhibits, and written statements (including student impact statements) may be accepted as information for consideration by the Student Conduct Board at the discretion of the Chair.

There shall be a single verbatim record, such as a tape recording, of all Student Conduct Board hearings (not including deliberations). Deliberations shall not be recorded. The record will be the property of the College.

After the portion of the Student Conduct Board hearing concludes in which all pertinent information has been received, the Student Conduct Board shall determine (by majority vote) whether the Respondent has violated each section of the Student Code which the Respondent is charged with violating.

The Student Conduct Board’s determination will be made on a preponderance of the evidence standard, or in other words, the basis of whether it is more likely than not that the Respondent violated the Student Code of Conduct. In each case in which a Student Conduct Board determines a Respondent has violated the Student Code of Conduct, they will also determine sanction(s) to be imposed by the Dean of Students or designee.

The Student Conduct Board will notify the Respondent of the outcome of the hearing in writing within ten (10) business days of completion of the hearing, or longer for good cause.

Sanctions

The following sanctions, or any combination thereof, may be imposed upon any Respondent found to have violated the Student Code of Conduct. Failure to satisfactorily complete a disciplinary sanction may result in more severe sanctions.

Sanctions are imposed immediately upon a determination of responsibility and may be retroactive to the date of the charge.

• Verbal Reprimand
• Written Reprimand: An official written statement to the student stating that conduct regulations have been violated. This statement will remain on file for six (6) years from the date of reprimand.
• Loss of Privileges: Denial of specified privileges for a designated period of time.
• Restitution:
  • An order may be issued requiring a student to make restitution when the student has engaged in conduct that includes, but is not limited to:
    1. physical harm to any person resulting in injury,
    2. damage to or destruction of College property or property of any person,
    3. the theft or misappropriation of property, or fraudulent behavior.
  • Restitution may be in the form of:
    • financial payment,
    • appropriate service to the College,
    • required attendance of the student to the appropriate educational programs based on the circumstances of the case, or
    • other special activities designated by the hearing officer.
• Restriction of Privileges: The restriction of college privileges for a specified period of time. These restrictions may include, but are not limited to:
  • Denial of the privilege to represent the College to anyone outside the College at any official function or in intercollegiate athletics or any forms of intercollegiate competition or representation.
  • Denial of the use of College vehicles.
• No Contact: An order of “no contact” with any individuals who complained, were victims, or served as witnesses in the student conduct process. This includes, but is not limited to, verbal, written, electronic, cellular, physical, or social contact; contact with second or third parties; or allowing others to make any contacts on the Respondent’s behalf. This can also be issued as an interim sanction prior to the completion of the disciplinary process.
• Warning: A notice in writing to the Student that the Student is violating or has violated institutional regulations.
• Probation: A written reprimand for violation of specified regulations. Probation is for a designed period of time and includes the probability of more severe disciplinary sanctions if the Student is found to violate any institutional regulation(s) during the probationary period.
• Fines: Previously established and published fines may be imposed.
• Discretionary Sanctions: Work assignments, essays, service to the College, or other related discretionary assignments.
• On-Campus Housing Expulsion: Removal of a student from campus owned residential space (the farm) The student may not re-enter the residential space under any conditions even as a visitor.
• Suspension: Separation of the Student from the College for a definite period of time, after which the Student is eligible to return. Conditions for readmission may be specified.
• Expulsion: Permanent separation of the Student from the College.
• Revocation of Admission: Admission to the College may be revoked for fraud, misrepresentation, or acts of Misconduct under the Hawkeye Community College Student Code of Conduct.
• Discretionary Sanctions: As needed to maintain a healthy and safe educational and work environment for students, visitors, faculty, and staff at Hawkeye, discretionary sanctions may include a letter of apology, counseling referral, community involvement, paper, behavioral agreement, alcohol and other drugs class, substance abuse assessment, creation of a program presentation, a creation of a sign or flyer.
• Removal of the Student from a course in progress: More than one of the sanctions listed above may be imposed for any single violation.
• Student Groups, Organizations, and Clubs: Any student group, organization, or club may be subject to the same disciplinary proceedings for a charge of Misconduct as a Respondent under Section IX of this Student Code of Conduct. If the Dean of Students/Student Conduct Board finds a violation of the Student Code of Conduct, the following sanctions may be imposed upon student groups or organizations:
  • Those sanctions listed above.
  • Loss of selected rights and privileges for a specified period of time.
  • Deactivation. Loss of all privileges, including College recognition, for a specified period of time or indefinitely.

Appeals

The hearing decision of the Dean of Students, Dean of Student’s designee or Student Conduct Board may be appealed by the Respondent(s) to the Provost/Vice President of Academic Affairs within five (5) business days of the decision. Such appeals will be in writing and will be delivered to the Provost/Vice President of Academic Affairs, who will retain the matter or refer it to another Appellate Officer.

If an appeal is filed, the Respondent will receive written notification stating:

• That the appeal has been received; and
• That they have the opportunity to submit additional relevant information and/or statements for review by the Appellate Officer within five (5) business days.
• An appeal will be limited to a review of the verbatim record of the hearing, documents submitted during the hearing, and additional relevant documents/statements submitted by the Respondent during the appeal for one or more of the following purposes:
  1. To determine whether the hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
  2. To determine whether the decision was supported by substantial evidence.
  3. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code of Conduct which the Respondent was found to have committed.
  4. To consider new information, sufficient to alter a decision not brought out in the original hearing because such information and/or facts were not known at the time of the original hearing.
• The Appellate Officer may affirm, reverse, or modify the decision regarding the violation and/or sanctions imposed.
• A written decision of the Appellate Officer shall be provided to the Respondent and Dean of Students or its designee. The written appeals decision shall be completed within twenty (20) days of the date of appeal. The twenty (20) day deadline can be extended for good cause by the Appellate Officer.
• The written decision shall be the final decision.

Educational Records

• Sanctions, the formal written decision(s), the written notes, tape recordings and any other record of the disciplinary hearing proceedings will be maintained in the Dean of Student’s Office.
• The records will be available to the Respondent during the appeal period, to be viewed in the Dean of Student’s Office.
• The College rules, regulations and policies governing release of education records govern the dissemination of disciplinary records.

Interim Suspension

There may arise, on occasion, circumstances in which a Student’s conduct within the College interferes or disrupts effective instruction at the College, or presents a danger to the Student and/or campus community. In the following cases, the administration has the authority to act:

Significant Danger to Safety

In certain circumstances, the Dean of Students, Dean of Student’s designee or Public Safety may impose an interim suspension prior to the disposition of a Student Conduct hearing. Interim suspension may be imposed:

1. To ensure the safety and well-being of members of the College community or preservation of College Property;
2. To ensure the Student’s own physical or emotional safety and well-being;
3. If the Student poses an ongoing threat of disruption of, or interference with, the normal operations of the College; or in other good cause identified in writing by the Dean of Students or designee.

The Student will be notified in writing of this action and the reasons for the interim suspension. The notice will include the time, date, and place of a subsequent hearing at which the Student may show cause why his or her continued presence on the campus does not constitute a threat (and at which they may contest whether a campus rule was violated).

During the interim suspension, a Student will be denied access to the campus (including classes) and/or all other College activities or privileges for which the Student might otherwise be eligible, as the Dean of Students or designee may determine to be appropriate.

The interim suspension does not replace the regular Student Code of Conduct disciplinary process, which will proceed on the normal schedule.

Classroom Disruption/Interference

Instructors have the authority to suspend a Student from their class, up to one (1) day. An incident report will be written by the instructor within three (3) working days. This report will be sent to the Dean of Student’s office and a copy forwarded to the Academic Dean.

Upon consultation with the Dean of Students, an Academic Dean or designee may suspend a Student within the department for a period of time not to exceed three (3) days, in addition to the one (1) day suspension imposed by faculty. An incident report will be written by the Academic Dean within three (3) working days. This report will be sent to the Dean of Student’s office and a copy will be kept by the Academic Dean.

Miscellaneous Provisions

Composition of Student Conduct Committee

The Student Conduct Committee is appointed by the Vice President of Student Affairs who recommends the faculty at least three (3) and three (3) staff members. The Dean of Students or designee will preside over all meetings of the Student Conduct Committee.

Exoneration

If, after sanctions are imposed, compelling evidence becomes available establishing a Respondent’s innocence, a Respondent may present such evidence to the Dean of Students or Vice President of Student Affairs and request that no reference to the charges or any sanctions related to those charges appear on the Accused’s permanent transcript, and any reference previously placed thereon be removed. The Dean of Students, Vice President of Student Affairs or designee decides in his or her reasonable discretion whether or not to grant the request.

Medical Amnesty

Students who seek emergency medical attention for themselves or someone else related to the consumption of alcohol or drugs will be referred for substance abuse evaluation and/or treatment, instead of receiving the sanctions referenced above for alcohol or drug-related Code violations.

Medical Amnesty only applies when a Student initiates the call for emergency medical attention, the emergency medical attention is needed to address alcohol or drug emergencies, and the Code violation does not involve a victim.

Medical Amnesty does not apply when the individual suffering from the alcohol or drug emergency is discovered by a College Official (e.g., campus security). It also does not apply to violations of the Code that are egregious, in the judgment of the Dean of Students or Vice President of Student Affairs, including, but not limited to, sexual assault, weapons possession, possession of drugs that induce incapacitation (e.g., Rohypnol or other “date rape drugs”), and all drug offenses beyond mere possession.

Interpretation and Revision

Any question of interpretation or application of the Student Code of Conduct will be referred to the Dean of Students or designee for final determination.