All students of the California College of the Arts (CCA) community have a strong responsibility to protect and maintain an academic climate in which the fundamental freedom to learn can be enjoyed by all.

The Student Code of Conduct outlines students’ responsibilities to the CCA community by regulating behavior that takes place on college property, occurs during college-related activities, or has the potential for harm to the college or its community, whether that behavior occurs in person or via electronic forms and devices.

This policy applies to anyone taking courses at the college, whether full-time or part-time; for credit or not for credit; and at the undergraduate, graduate, or nondegree-seeking level.

(Note: the scope of this policy is not limited to those behaviors that occur on college property)

The vice president for Student Affairs serves as the final authority regarding the interpretation of the college’s conduct policies and processes; the vice president for Human Resources/ Title IX Coordinator is the final authority for policies and processes for the protection of CCA students from all forms of sexual misconduct.

The Dean of Students Office oversees administrative procedures, community outreach, and educational programming related to the Student Code of Conduct and conduct processes.

For further information, please contact the associate vice president for student affairs & dean of students or the assistant dean of students management:

Jeannine Szamreta, Associate Vice President for Student Affairs/Dean of Students
deanofstudents@cca.edu

Joren Plunkett, Associate Dean of Students

joren.plunkett@cca.edu

Referrals for violations of the student code of conduct can be made through the CCA Cares Report form.

CCA expects its students to uphold the college’s values of artistic and academic excellence, compassion, integrity, and global citizenship. The following list, while not exhaustive, illustrates those behaviors that, when determined to have occurred in the judgment of the college, necessarily violate the values of the college; impinge upon the rights, safety, and well-being of its constituents; and therefore represent misconduct subject to disciplinary action.

In accordance with Title IX and applicable statutes and regulations, the College prohibits all forms of discrimination on the basis of sex in its education programs and activities. Prohibited sex discrimination under Title IX includes sex-based harassment, including sexual violence, sexual offenses, Hostile Environment Harassment, and Quid Pro Quo Harassment. Prohibited conduct under Title IX also includes other forms of sex discrimination, including discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity, or marital or family status. In addition, Title IX also prohibits retaliation against any individual for exercising rights under Title IX. Please click here to access Policy for Protection of Students From Sexual Misconduct.

Bullying

Bullying encompasses engaging in repeated and/or severe aggressive behavior that is likely to intimidate or intentionally hurt, control or physically or mentally diminish an individual. This includes verbal, physical, or social aggression.

Cyberbullying

Using electronic communication to bully a person, typically by sending messages of an intimidating or threatening nature. Activities include, but are not limited to:

• Sending threatening or offensive messages or images.
• Spreading rumors or lies about someone online.
• Creating fake profiles to impersonate or demean others.
• Posting private information, images, or videos without consent.
  • Engaging in cyberstalking or harassment.
• Cyberbullying is prohibited on all electronic devices, platforms, and through all types of digital communications, including social media, emails, texts, and instant messaging.

Controlled Substances

Possession, distribution, or use of controlled substances on college property or at college-sponsored activities.

Demonstrations

Gatherings that are disorderly, disruptive, obstructs teaching, study, research or administration of the College, endangers the safety of others, or is meant to coerce, intimidate, target, or demean members of the community.

Discrimination and Harassment

Discrimination is different treatment with respect to an individual’s participation in an education program or activity based, in whole or in part, upon the individual’s actual or perceived protected characteristic. Discrimination also includes allegations of a failure to provide reasonable accommodations as required by law or policy, such as for disability, religion, or creed. The College’s Notice of Nondiscrimination is available here

Discrimination can take two primary forms:

• Disparate Treatment Discrimination
  • Any intentional severe or pervasive differential treatment of a person or persons that is based on an individual’s actual or perceived protected characteristic and that:
    • Excludes an individual from participation in;
    • Denies the individual benefits of; or
    • Otherwise adversely affects a term or condition of an individual’s participation in a CCA program or activity.
• Discriminatory Harassment
  • unwelcome conduct based on actual or perceived protected characteristic(s), that
  • based on the totality of the circumstances,
  • is subjectively and objectively offensive, and
  • is so severe or pervasive,
  • that it limits or denies a person’s ability to participate in or benefit from the CCA’s education program or activity

Examples include but are not limited to:

• Discrimination and unlawful harassment based on race, color, religion, age, disability, national origin, veteran status, genetics, or any other protected categories.
• Verbal abuse, threats, derogatory comments, slurs, or jokes.
• Physical aggression, intimidation, or unwanted contact.
• Displaying or circulating offensive images or materials.
• Exclusion or marginalization based on the protected status.
• Sexual misconduct, including sex-based harassment, dating violence, domestic violence, sexual assault, sexual exploitation, and stalking/cyberstalking are defined by the College’sPolicy for Protection of Students From Sexual Misconduct

Dishonest Conduct

• Furnishing false information, making false reports, or falsifying, altering, or misusing college documents, records, or identification.
• Using or possessing a CCA ID other than one’s own.

Disorderly Conduct

The College endeavors to be a community that nurtures the growth and development of all of its members, demonstrates respect for one another, is sensitive to differences, and engages in interactions based on a standard of fairness. Therefore, the community expects that students will avoid conduct that is disorderly in nature which subsequently threatens, harms, or interferes with members of the College community, including but not limited to, conduct such as:

• Verbal or non-verbal behavior or activity that communicates a message, belief, thought or feeling, that threatens or endangers the health or safety of any member of the college community including but not limited to literature distribution, demonstrations, rallies, displays or signs, physical abuse, verbal abuse, threats, intimidation, stalking, or coercion.
• Violence, being unruly, disturbing the peace, and/or fighting.
• Public intoxication due to legal, prescription, or illegal drugs or alcohol.
• Hosting guests who violate any of the College’s policies or violations within the Code of Student Conduct.
• Aiding, abetting, assisting, facilitating, or procuring another person to engage in prohibited behavior.
• Conduct toward another student and/or employee that has the observable effect of unreasonably interfering with that individual’s ability to work or to participate in the educational benefits at the College.

Drugs, Alcohol, and Other Harmful Substances

The use and possession of drugs, alcohol, and other harmful substances are regulated to maintain a healthy and safe environment. Violations include:

• Using, possessing, and/or distributing drugs or drug paraphernalia, or other harmful substances in a manner prohibited by law or CCA policy.
• Possession, distribution, or use of alcohol on college property or at college-sponsored activities, except under the conditions specified in the Alcohol Policy.
• Cannabis is not permitted on campus despite its legality in some areas, due to CCA’s compliance with the Drug-Free Schools and Communities Act Amendments of 1989.

Failure to Comply/Non-compliance

• Failing to comply with instructions or warnings from CCA officials acting in their duties.
• Obstructing officials or refusing to provide identification.
• Failing to comply with the terms of any consequences imposed under the Code of Student Conduct or behavioral contracts.

Guest Responsibility

Failure of a student to act in a responsible manner to assure that the student’s guest is preserving the rights of the college community as outlined within the Student Code of Conduct.

Harm to Property/Theft

Respect for property is essential in maintaining trust and security within the CCA community. This includes refraining from:

• Stealing, destroying, damaging, vandalizing, or misusing the property or services of the College or members of the College community.
• Possessing or using others’ property or services without authorization.

Hazing

Engaging in any act or action, consensual or not, which does or is likely to endanger the mental or physical health or safety of any individual as it relates to an individual’s initiation, admission into, or affiliation with any CCA group or organization.

For the purposes of this definition:

• It is not necessary that a person’s initiation or continued membership is contingent upon participation in the activity, or that the activity was sanctioned or approved by the Student Group or Student Organization, for an allegation of hazing to be upheld.
• It shall not constitute an excuse or defense to a hazing allegation that the participants took part voluntarily, gave consent to the conduct, voluntarily assumed the risks or hardship of the activity, or that no injury was suffered or sustained.
• The actions of alumni, active, new, and/or prospective members of a Student Group or Student Organization may be considered hazing.
• Hazing is not confined to the Student Group or Student Organization with which the individual subjected to the hazing is associated.

Retaliation

Retaliation against individuals for participating in the conduct process or opposing misconduct is prohibited. This includes:

• Adverse Action Adverse action is any action that is reasonably likely to deter a reasonable person in the same circumstances from engaging in protected activity. Adverse action does not include:
  • Petty slights or trivial annoyances.
  • Actions, including employment or academic actions, that would have been taken regardless of the individual's engagement in protected activity.
• Protected Activity Protected activity includes:
  • Filing a complaint or report with an official California College of the Arts (CCA) office or participating in the College’s inquiry, investigation, or other dispute resolution process pertaining to discrimination, harassment, or other conduct prohibited by CCA, the Code of Student Conduct, or applicable law.
  • Opposing conduct that the individual reasonably believes is prohibited by law.
  • Participating in the College’s reasonable accommodation processes for Disability or Religion
• Forms of Retaliation Retaliation includes, but is not limited to:
  • Intimidation
  • Verbal or physical threats
  • Coercion
  • Discrimination

It is not retaliation for the College to pursue Policy violations against those who make materially false statements in bad faith in the course of a resolution under the Student Code of Conduct. However, the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.

Smoking

Possession, distribution, or use of cigarette or vapor products on college property or at college-sponsored activities, except under the conditions specified in the Smoking Policy.

Stalking

• Engaging in stalking behavior, which involves repeatedly directing a course of conduct at another person that makes a credible threat with the intent to place that person in reasonable fear for their safety or the safety of their family.
• The behavior is reasonably determined by the College to seriously alarm, torment, or terrorize the person and serves no legitimate purpose.
• For stalking of a sex-based nature please see the College’s .Policy for Protection of Students From Sexual Misconduct

Unauthorized Animals

Allowing entry of any unauthorized animal into CCA buildings or controlled premises, unless compliant with Service and Emotional Support Animal Policies and Residential Education and/or Housing Policies.

Unauthorized Disclosure

• Distributing or otherwise publicizing materials created or produced during an administrative hearing, investigation or resolution process except as required by law or as expressly permitted by the College; or
• publicly disclosing a party’s personally identifiable information without authorization or consent.

Unauthorized Entry

• Entering or remaining in CCA buildings, facilities, or other premises without appropriate authorization.
• Possessing, duplicating, or using keys or key cards without appropriate authorization.
• Trespassing or attempting unauthorized access to non-CCA property.

Unauthorized Recordings or Viewing

Respect for privacy is essential to maintaining trust and security within the CCA community. Violations of privacy involve unauthorized recording or viewing of individuals in private settings or private communications. This includes:

• Unauthorized Recordings and Photography - Making a video recording, audio recording, taking photographs, or streaming audio/video of any person in a location where the person has a reasonable expectation of privacy, without that person’s knowledge and express consent.
• Unauthorized Viewing - Looking through a hole or opening, into, or otherwise viewing, by means of any instrumentality, the interior of a private location without the subject’s knowledge and express consent.
• Private Conversations and Meetings - Making a video recording, audio recording, or streaming audio/video of private, non-public conversations and/or meetings, without the knowledge and express consent of all recorded parties.
• Invasions of Sexual Privacy - Invasions of sexual privacy are defined by the College’sPolicy for Protection of Students From Sexual Misconduct

Unauthorized Use of College Property

Unauthorized entry, use, or possession of college property, including unauthorized residence.

Violation of Laws

Conduct that could result in violating any federal, state, or local law.

Weapons

The possession or use of weapons, toy, model, or real on campus is strictly prohibited to ensure the safety and security of the CCA community. Prohibited items include:

• Using, displaying, or possessing objects or substances whose primary purpose is to cause or threaten harm, including firearms, pellet guns, ammunition, slingshots, billy clubs, metal knuckles, bludgeons, switchblade knives, hunting/fishing or concealed knives with blades longer than 3 inches, explosives, dangerous chemicals like tear gas or mace, projectile-launching instruments, or any toy/model thereof.

By adhering to the above policies, CCA aims to foster a respectful and secure environment for all members of its community.

CCA maintains an amnesty policy for students who offer help to others in need. The CCA community encourages the reporting of misconduct and crimes. Sometimes, students are hesitant to give notice to CCA officials or participate in resolution processes because they fear that they may be in violation of certain policies, such as underage drinking or the use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons.

To encourage reporting and participation in the process, CCA maintains a Policy of offering Parties and witnesses amnesty from minor policy violations, such as underage alcohol consumption or the use of illicit drugs, related to the incident. Granting amnesty is a discretionary decision made by the College, and amnesty does not apply to more serious allegations, such as physical abuse of another or illicit drug distribution.

The conduct process provides a fair and impartial assessment of a student’s responsibility for violating the Student Code of Conduct. It is an administrative and educational process rather than a legal one.

If there are any questions about applicable policies and procedures, the dean of students or designee will consult with other college officials to assess how to proceed. Where applicable, policies for Pre-College, CCA Atelier for High School Students, Young Artist Studio Program, and other youth programs sponsored by Youth Programs & Continuing Education will supersede this Student Code of Conduct. The college reserves the right to use an accelerated conduct process -- without the option for an administrative meeting or administrative resolution process -- when deemed necessary to preserve the safety of the College campus and its community members.

Students may be accountable to criminal and/or civil authorities as well as to the college for acts that violate laws in addition to CCA policies. College conduct processes will not await civil or criminal proceedings unless the government requires a deferral.

The College encourages students to resolve disputes informally in appropriate cases. To learn more about informal resolution, contact the dean of students.

Culture of Reporting

As the College is concerned about threats to personal or collective safety, including any form of discrimination, unlawful harassment and retaliation; all reports will be taken seriously and reviewed. If a student may have violated another aspect of the Student Code of Conduct (such as consuming alcohol underage) and is concerned about consequences for themselves when reporting a more egregious incident (such as sexual misconduct or a threat of violence), the reporting student should be assured that the College’s interest is in addressing the more egregious behavior and maintaining the safety of individuals and the campus. Pending no threat to safety or other compelling reason, other behaviors that are of less seriousness may be addressed through alternative means (such as informal discussions or referrals to appropriate staff on campus or agencies off campus).

Preliminary Investigation & Review

A preliminary investigation may be necessary in order to determine if there is credible information that warrants charging a student with violating the Code. Preliminary meetings with the complainant and/or witnesses may occur prior to initiating the student conduct process or contacting the accused student. If the accused student is contacted about the case during the preliminary investigation, the respondent will be made aware of the initiation of a preliminary investigation and that the incident could result in a student conduct process being initiated.

The preliminary investigation and review may result in any of the following:

• Case Not Pursued: If there does not appear sufficient credible information to indicate a violation occurred, the case will not be pursued through the formal student conduct process. The information may still be retained by the College to document that the situation was reviewed.
• Initiation of Conduct Process: If it appears that a student may have violated the Code, and that this occurred within the College’s jurisdiction, the conduct process will be initiated.

Interim and Supportive Measures
Interim and supportive measures may be taken upon initial receipt of a report when the College becomes aware of a concern, or at a later time in the student conduct process. Interim and supportive measures are considered administrative rather than disciplinary actions and may include the following:

• The vice president for student affairs, associate vice president for student affairs/dean of students, or designee may suspend students from the college for an interim period, pending another event to occur. An interim suspension becomes effective immediately, without prior notice, if there is information that the students’ continued presence poses, in the vice president’s judgment, a threat of significant harm to the community or to the performance of college functions.
• The interim disciplinary suspension will not delay or void the conduct process, which will proceed on a normal schedule up to and through consideration of the case by a student conduct officer, if required.
  *During interim disciplinary suspension, students may be denied access to all college property and all college activities or privileges for which they might otherwise be eligible.
• Alternative intermediary steps may include adjusting the class schedule, residence, employment, or other activities of the complainant or the respondent. Steps may also include a no-contact order for complainant, respondent, or other participants in the conduct process. Where possible, the impact of such adjustments on the complainant will be minimized.
• Complainants can also be advised about withholding FERPA directory information or referred to the director of public safety for information about enhanced public safety escort services (if warranted) or assistance with observing restraining orders.
• In cases of access to suspected possession of weapons, the college reserves the right to search personal belongings, including but not limited to articles of clothing, purses, briefcases, bags, and vehicles. All such searches must be approved by the vice president for student affairs, associate vice president for student affairs, dean of students, or designee. The college may request the involvement of law enforcement officials in cases of suspected possession of weapons or contraband.
• In the case of possible violations of federal, state, or local criminal law, the college reserves the right to refer matters to the appropriate authorities. When students are charged by federal, state, or local authorities with a violation of criminal law, the college will not request or agree to special consideration for them because of their status as students. When students are taken through criminal proceedings as well as conduct processes, the college may advise off-campus authorities of CCA’s procedures.

Notification of Charges
If there appears to be credible information indicating a student may have violated the Code, the dean of students will designate a student conduct officer. The student conduct officer serves as the admininstrator for complaints of student misconduct. The student will then be sent a notice.

This notice includes

• The aspect(s) of the Code that it appears the student may have violated (i.e., “charges”).
• A link to the Student Code of Conduct where the student can learn about the process.
• The type of resolution method being consider or used for the complaint.
• Instructions as to how to proceed after the notice, such as the date, time, and location of the administrative meeting or instructions on the next step in the investigation process.
• The right to bring an advisor or person of support to any student conduct meeting, hearing, or interview.

Standard of Proof - Preponderance of Evidence

The "preponderance of evidence" standard is used in student conduct cases to determine if a student is responsible for a violation. This means that the evidence must show that it is more likely than not that the violation occurred. The Student Code of Conduct is unlike a court of law in which a higher standar of proof "beyond a reasonable doubt" is used to determine responsibility. CCA’s responsible determinations are made if more than 50% of the evidence supports the claim that the student committed the violation. This standard aims to ensure fair and reasonable decisions based on the available information.

Resolution Methods

CCA offers and utilizes 4 resolution models and all are listed below. The determination of the type of resolution method will depend on the type of conduct that occurred, the alleged violations, and the impact on each individual involved as well as the larger CCA community. Resolution proceedings are private. All individuals involved in a Resolution Process are expected to maintain the privacy of the proceedings in accordance with CCA Policy.

1. Written Warning
2. Informal Resolution
   1. Supportive Resolution
   2. Educational Conversation
   3. Accepted Responsibility
   4. Alternative Resolution
3. Administrative Meeting
4. Administrative Resolution Process*

*NOTE: The Administrative Resolution Process is only used for complaints of discrimination on the basis of protected characteristics, harassment, retaliation, and other prohibited behaviors (as defined in the Student Code of Conduct) or when Informal Resolution is either not elected or is unsuccessful. Discrimination based on sex is covered by the College’s Title IX Sex Discrimination Policy and grievance procedures available here.

Written Warning
Written warnings are issued when a designated College official reviews the information related to the case and determines that no further information is needed to make a finding. This form of complaint resolution process is used for first time low level offenses of the Student Code of Conduct. In this method, a student will be informed through email and will have the option of requesting an administrative hearing if they choose.

Informal Resolution

To initiate Informal Resolution, a Complainant or Respondent may make such a request to Student Conduct Officer at any time prior to a final determination, or the Student Conduct Officer may offer the option to the Parties, in writing. The College will obtain voluntary, written confirmation that all Parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the Parties to participate in Informal Resolution.

Before initiation of an Informal Resolution process, the College will provide the Parties with a Notice of Investigation and/or Allegations (NOIA) that explains:

• The allegations;
• The requirements of the Informal Resolution process;
• That, prior to agreeing to a resolution, any party has the right to withdraw from the Informal Resolution process and to initiate or resume the College’s Resolution Process;
• That the Parties’ agreement to a resolution at the conclusion of the Informal Resolution process will preclude the Parties from initiating or resuming the resolution process arising from the same allegations;
• The potential terms that may be requested or offered in an Informal Resolution agreement, including notification that an Informal Resolution agreement is binding only on the Parties; and
• What information the College will maintain, and whether and how it could disclose such information for use in its Resolution Process.

The College offers four categories of Informal Resolution:

1. Supportive Resolution. When the Dean of Students or designee can resolve the matter informally by providing supportive measures (only) designed to remedy the situation.
2. Educational Conversation. When the Dean of Students or designee can resolve the matter informally by having a conversation with the Respondent to discuss the Complainant’s concerns and institutional expectations or can accompany the Complainant in their desire to confront the conduct.
   
3. Accepted Responsibility. When the Respondent is willing to accept responsibility for violating Policy and is willing to agree to actions that will be enforced similarly to sanctions, and the Complainant(s) and the College are agreeable to the resolution terms.
4. Alternative Resolution. When the Parties agree to resolve the matter through an alternative resolution mechanism (which could include, but is not limited to, mediation, restorative practices, facilitated dialogue, etc.), as described below.

The individual facilitating an Informal Resolution must be trained and cannot be the Appeal Decision-maker.

It is not necessary to pursue Informal Resolution first in order to pursue an Administrative Meeting OR Administrative Resolution Process. Any party participating in Informal Resolution can withdraw from the Informal Resolution Process at any time and initiate or resume the Administrative Meeting OR Administrative Resolution Process.

The Parties may agree, as a condition of engaging in Informal Resolution, on what statements made or evidence shared during the Informal Resolution process will not be considered in the Administrative Meeting OR Administrative Process, should Informal Resolution not be successful, unless agreed to by all Parties.

If an investigation is already underway, the Dean of Students or designee has discretion to determine if an investigation will be paused, if it will be limited, or if it will continue during the Informal Resolution process.

Categories of Informal Resolution

1. Supportive Resolution

The Dean of Students or designee will meet with the Complainant to determine reasonable supportive measures that are designed to restore or preserve the Complainant’s access to the College’s education program and activity. Such measures can be modified as the Complainant’s needs evolve over time or circumstances change. If the Respondent has received the NOIA, the Associate Dean of Students or designee may also provide reasonable supportive measures for the Respondent as deemed appropriate. This option is available when the Complainant does not want to engage the other resolution options, and the Dean of Students or designee does not initiate a Complaint.

1. Educational Conversation

The Complainant(s) may request that the Dean of Students or designee address their allegations by meeting (with or without the Complainant) with the Respondent(s) to discuss concerning behavior and institutional policies and expectations. Such a conversation is non-disciplinary and non-punitive. Respondent(s) are not required to attend such meetings, nor are they compelled to provide any information if they attend. The conversation will be documented as the Informal Resolution for the matter, if it takes place. In light of this conversation, or the Respondent’s decision not to attend, the Dean of Students or designee may also implement remedial actions to ensure that policies and expectations are clear and to minimize the risk of recurrence of any behaviors that may not align with Policy.

1. Accepted Responsibility

The Respondent may accept responsibility for any or all of the alleged Policy violations at any point during the Resolution Process. If the Respondent indicates an intent to accept responsibility for all alleged Policy violations, the ongoing process will be paused, and the Dean of Students or designee will determine whether Informal Resolution is an option.

If Informal Resolution is available, the Dean of Students or designee will determine whether all Parties and the College are able to agree on responsibility, restrictions, sanctions, restorative measures, and/or remedies. If so, the Dean of Students or designee implements the accepted finding that the Respondent is in violation of CCA Policy, implements agreed-upon restrictions and remedies, and determines the appropriate responses in coordination with other appropriate administrator(s), as necessary.

This resolution is not subject to appeal once all Parties indicate their written agreement to all resolution terms. When the Parties cannot agree on all terms of resolution, the Resolution Process will either continue or resume.

When a resolution is reached, the appropriate sanction(s) or responsive actions are promptly implemented to effectively stop the concerning behavior, prevent its recurrence, and remedy the effects of the conduct, both on the Complainant and the community.

1. Alternative Resolution

The institution offers a variety of Alternative Resolution mechanisms to best meet the specific needs of the Parties and the nature of the allegations. Alternative Resolution may involve agreement to pursue individual or community remedies, including targeted or broad-based educational programming or training; supported direct conversation or interaction with the Respondent(s); indirect action by the Dean of Students or designee or other appropriate College officials; and other forms of resolution that can be tailored to the needs of the Parties. Some Alternative Resolution mechanisms will result in an agreed-upon outcome, while others are resolved through dialogue. All Parties must consent to the use of an Alternative Resolution approach, and the Parties may, but are not required to, have direct or indirect contact during an Alternative Resolution process.

The Dean of Students or designee may consider the following factors to assess whether Alternative Resolution is appropriate, or which form of Alternative Resolution may be most successful for the Parties:

• The Parties’ amenability to Alternative Resolution
• Likelihood of potential resolution, considering any power dynamics between the Parties
• The nature and severity of the alleged misconduct
• The Parties’ motivation to participate
• Civility of the Parties
• Results of a violence risk assessment/ongoing risk analysis
• Respondent’s disciplinary history
• Whether an emergency removal or other interim action is needed
• Complaint complexity
• Emotional investment/capability of the Parties
• Rationality of the Parties
• Goals of the Parties
• Adequate resources to invest in Alternative Resolution (e.g., time, staff, etc.)

The Dean of Students or designee has the authority to determine whether Alternative Resolution is available or successful, to facilitate a resolution that is acceptable to all Parties, and/or to accept the Parties’ proposed resolution, usually through their Advisors, often including terms of confidentiality, release, and non-disparagement.

Parties do not have the authority to stipulate restrictions or obligations for individuals or groups that are not involved in the Alternative Resolution process. The Dean of Students or designee will determine whether additional individual or community remedies are necessary to meet the institution’s compliance obligations in addition to the Alternative Resolution.

The Dean of Students or designee maintains records of any resolution that is reached and will provide notification to the Parties of what information is maintained. Failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions (e.g., dissolution of the Agreement and resumption of the Resolution Process, referral to the conduct process for failure to comply, application of the enforcement terms of the Agreement, etc.). The results of Complaints resolved by Alternative Resolution are not appealable.

If an Informal Resolution option is not available or selected, the College will initiate or continue an investigation and subsequent Resolution Process to determine whether the Policy has been violated.

Administrative Meeting Resolution
Administrative meetings occur when a designated College official reviews the information related to a case, makes a finding of “responsible” or “not responsible” for each alleged violation, and issues sanction(s) for any findings of responsibility. This form of complaint resolution is used for most alleged violations of the Student Code of Conduct and conducted by the student conduct officer in most cases. In this method, a student is informed of the opportunity and deadline to meet with the student code of conduct officer to:

• Ask questions about the student conduct process
• Review the complaint of misconduct, as well as any other relevant case information, such as the substance of information received from witnesses
• Respond to the information by providing the student's perspective on the incident and alleged behaviors
• Bring forth witnesses to the incident in question to be interviewed
• Acknowledge or deny responsibility for the charged violation(s)
• Provide any information related to sanctions (if applicable), including what he/she may have learned from the incident or any factors to be considered at sanctioning

For some complex cases, a more extensive preliminary investigation may be done prior to the case proceeding to an administrative meeting. If the respondent chooses not to meet with the student conduct officer by the given deadline, the student conduct officer may proceed with the determination of responsibility and any sanctions. Depending on the nature of the case, the student conduct officer may instead place a hold on the student’s account, preventing registration until the student has met for the administrative meeting.

Administrative Meeting Outcome & Notification

The student conduct officer will provide written notice of the final resolution of charged violation(s) within 10 working days of the decision issued by the hearing officer. In cases where the behaviors in question may also constitute a crime of violence (as described in the Clery Act), the complainant (or victim) will also receive notice of the outcomes. The written notice is customarily provided electronically and includes

1. Each charged violation(s) and the determination of whether or not the accused student is responsible for committing the violation;
2. A rationale of the findings;
3. The sanction(s) imposed and the deadlines or time periods for which they are in effect;
4. A statement of the right to file an appeal and process for doing so;
5. A statement that failure to file a request for such an appeal within the time provided shall be deemed a waiver of the right to an appeal.

College officials may also receive notice (in all or in part) of the outcomes when there is a legitimate educational reason for this, such as when their role is necessary for enforcement of the sanction(s).

Administrative Resolution Process

The Administrative Resolution Process is used for all Complaints of discrimination on the basis of protected characteristics, harassment, retaliation, and Other Prohibited Behaviors (as defined in the Student Code of Conduct) or when Informal Resolution is either not elected or is unsuccessful.

The Administrative Resolution Process consists of a hand-off of the investigation report and all relevant evidence to the Decision-maker to make a finding and determine sanctions (if applicable).

At the discretion of the dean of students, the assigned decision-maker will be an individual or a panel drawn from the Resolution Process Pool, or other trained individuals either internal or external to the institution. Once the Decision-maker receives and reviews the file, they can recommend dismissal to the dean of students, if they believe the grounds are met.

The Administrative Resolution Process typically takes approximately thirty (30) business days to complete, beginning with the Decision-maker’s receipt of the Draft Investigation Report. The Parties will be updated regularly on the timing and any significant deviation from this typical timeline.

Investigator-led Questioning Meetings

• The Dean of Students provides the Draft Investigation Report to the Decision-maker and the Parties simultaneously for review. The Decision-maker can then provide the Investigator with a list of relevant questions to ask the Parties or any witnesses.
• To the extent credibility is in dispute and relevant to one or more of the allegations, the questions provided by the Decision-maker may also explore credibility.
• The Investigator will also ask each of the Parties to provide a proposed list of questions to ask the other Parties and any witnesses.
• To the extent credibility is in dispute and relevant to one or more of the allegations, questions proposed by the Parties may also explore credibility.
• All party questions must be posed during this phase of the process and cannot be posed later unless authorized by the Decision-maker.
• The Investigator will share all party-proposed questions with the Decision-maker, who will finalize the list with the Investigator to ensure all questions are both relevant and permissible.
• The Investigator will then hold individual meetings with the Parties and witnesses to ask the questions posed by the Decision-maker, as well as the questions proposed by the Parties that have been deemed relevant and not duplicative, including questions intended to assess credibility. These meetings will be recorded and transcribed.
• For any question deemed not relevant or duplicative, the Investigator will provide a rationale for not asking the question, either during the recorded meeting, or in writing (typically as an Appendix to the report).
• Typically, within three (3) business days of the last of these meetings, the recordings or transcripts of them will be provided to the Parties for their review. The Parties will then have five (5) business days to review these recordings or transcripts and propose follow-up questions to be asked by the Investigator.
• The Investigator will review the proposed questions with the Decision-maker, to determine relevance and permissibility. If deemed necessary, the Investigator will then meet individually with the Parties or witnesses for whom there are relevant, and not duplicative, follow-up questions. These follow-up meetings will also be recorded, and the Parties will receive the recordings or transcripts of these meetings. This final round of questioning is the last such round permitted, unless leave is granted to extend, by the Decision-maker.
• The Investigator will then incorporate any new, relevant evidence and information obtained through the Parties’ review of the Draft Investigation Report, the questioning, and follow-up meetings into a Final Investigation Report.
• The Investigator will also respond in writing (typically within the Final Investigation Report) to the relevant elements of the Parties’ responses to the Draft Investigation Report and incorporate relevant elements of the Parties’ written responses, additional relevant evidence, and any necessary revisions into the Final Investigation Report.
• The Investigator will then share the investigation report with the Dean of Students and/or legal counsel for their review and feedback.
• The Final Investigation Report and investigation file will then be provided to the Dean of Students.

The Decision-maker’s Determination

• The Dean of Students will provide the Decision-maker with the Final Investigation Report and investigation file, including the evidence and information obtained through the Investigator-led Questioning meetings.
• The Decision-maker will review the final investigative report, all appendices, and the investigation file.
• If the record is incomplete, the Decision-maker may direct a re-opening of the investigation, or may direct or conduct any additional inquiry necessary, including informally meeting with the Parties or any witnesses, if needed.
• Upon reviewing the relevant evidence, the Decision-maker may also choose to pose additional questions:
• To the extent credibility is in dispute and relevant to one or more of the allegations, the Decision-maker may meet individually with the Parties and witnesses to question them in order to assess their credibility. These meetings will be recorded and shared with the Parties.
• At their discretion, the Decision-maker may also meet with any party or witness to ask additional relevant questions that will aid the Decision-maker in making their findings. These meetings will be recorded and shared with the Parties.
• The Decision-maker will then apply the preponderance of the evidence standard to make a determination on each of the allegations and, if applicable, any attendant sanctions.
• Timeline. The Decision-maker’s determination process typically takes approximately ten (10) business days, but this timeframe can vary based on a number of factors and variables, The Parties will be notified of any delays.
• Impact Statements. Prior to a determination, the Dean of Students will also provide the Parties an opportunity to submit a written impact and/or mitigation statement. The Dean of Students will review these statements upon receipt to determine whether there are any immediate needs, issues, or concerns, but will otherwise hold them until after the Decision-maker has made determinations on the allegations. If there are any findings of a Policy violation, the Decision-maker will request the Impact Statements from the Dean of Students and review them prior to determining sanctions. They will also be exchanged between the Parties at that time.
• If it is later determined that a party or witness intentionally provided false or misleading information, that action could be grounds for re-opening a Resolution Process at any time, and/or referring that information to another process for resolution.

The College offers the opportunity to appeal the outcomes of student conduct procedures as described below. Sanctions are in effect even while an appeal is being considered, unless otherwise stated in writing by the dean of students. An appeal is not a re-hearing of the case, but an evaluation of whether the ground(s) for an appeal are present and should alter the outcome of the case. Not participating in a conduct process is not grounds for an appeal. Appeals of administrative hearings or the investigation resolution process may be requested based only on one or more of the following:

• the College’s procedures were not followed, and the deviance would substantially alter the outcome(s) of the case;
• there is new relevant evidence not reasonably available at the time of the hearing; or
• the evidence does not clearly support the finding(s); or
• the sanctions are inappropriate relative to the violation.

Appeals addressing one or more of the above grounds must be submitted in writing to the associate vice president for Student Affairs & Dean of Students (or designee) within ten working days of the sending of the notice of outcomes. If the associate vice president for Student Affairs & Dean of Students has a conflict of interest in serving as the appellate officer, a different appellate officer will be designated. The appellate officer will review the appeal and will provide a response to the student within ten working days after receipt of the appeal. If the grounds for appeal are determined to be founded, the appellate officer may adjust the finding(s) and/or the sanction(s).

In cases where the behaviors in question may also constitute a crime of violence (as described in the Clery Act), as well as in cases involving any allegation of unlawful harassment and discrimination, both the respondent and the complainant (or victim) have the right to appeal the finding(s) of responsibility and/or sanctions based on the above criteria. If an appeal is received, the other party will be notified of the receipt of the appeal, the grounds upon which the appeal has been sought, and of the opportunity to provide information for consideration by the associate vice president for Student Affairs & Dean of Students (or designee) no later than ten working days from the receipt of the appeal. In these cases, the associate vice president for Student Affairs & Dean of Students (or designee) will have an additional ten working days to provide a response. In all cases, the decision of the associate vice president for Student Affairs & Dean of Students(or designee) is final.

Student Rights

• To be treated with dignity and respect.
• To have an advisor of choice present to provide support at any student conduct hearing or meeting. Students seeking an advisor can request a list of potential advisors (i.e., employees who have received training about the student conduct process).
• To have student educational records related to the conduct process maintained as confidential except as otherwise required by law or permitted by College policy; to have all conduct proceedings and meetings be closed; and, to inspect and review student conduct records, in accordance with FERPA.
• To be informed of the policies and procedures in the Student Code of Conduct.
• To request appeals based on the grounds described in this Code.
• To have the information reviewed by an unbiased, trained hearing body who will use the preponderance of the evidence as the standard of proof.
• To contact and present witnesses to the incident(s) being investigated or reviewed.
• To be provided with the opportunity to review materials, information, and relevant case information in a timely manner.
• To be provided with notice of charges, if the student conduct process is initiated, and to be informed of the procedures for resolution.

Student Responsibilities

• To treat others with dignity and respect.
• To notify the College if an advisor will be present, and to understand that if the advisor does not comply with the College’s expectations, they will be asked to leave the proceeding or meeting, which will continue without the advisor’s presence. To notify the College of any advisor changes.
• To understand the recordkeeping policies and that any information related to other students will be redacted from any records that are released, unless otherwise required by law
• To review and abide by the Student Code of Conduct, including both policies and procedures.
• To submit appeals as instructed when applicable.
• To understand that the conduct process is designed to be educational, not adversarial, and that it is different than a court proceeding.
• To present only those who have relevant information to the incident/behavior in question within the guidelines presented by the College.
• To follow the procedures (including deadlines) to request such a review.
• To review the notice and seek clarification if there are any questions about the process.

Respondents’ and Complainants’ Responsibilities

• Meet with their advisor or person of support to review the student conduct process (very strongly recommended).
• Present a written personal account, witness contact information, and other pertinent records to the student conduct officer and/or investigators.

Sanctions
Sanctions hold students accountable for violations of community standards and policies, enable students to learn to be effective community members in the future, and preserve community safety. If found responsible, students may receive one or more of the following sanctions:

• Written warning: students are notified in writing that they have been found responsible for a low-level violation of the Student Code of Conduct, provided educational resources regarding CCA policies, and notified that more serious penalties will be forthcoming if any further violation occurs.
• Disciplinary warning: students are notified in writing that more serious penalties will be forthcoming if any further violation occurs.
• Disciplinary probation: students are notified of a specified period of time during which privileges may be restricted (e.g., studying abroad, serving in a student leadership position), conditions imposed (e.g., no entry into college residence halls or college-sponsored events). Violations of the terms of disciplinary probation or any other violation of college policies and regulations during the period of probation may result in additional sanctions, up to and including suspension or dismissal from the college. Students on disciplinary probation who earn lower than a 2.0 term or cumulative GPA are subject to academic dismissal.
• Disciplinary suspension: students are excluded from college property, college-sponsored classes and activities, and other privileges for a specified period of time. A student’s eligibility for reinstatement is contingent upon completion of the conditions imposed in the outcome letter and compliance with normal standards for enrollment.
• Disciplinary dismissal: students are permanently separated from the college and excluded from its property, college-sponsored classes and activities, and other privileges.
• Restitution: students are required to repay the college or an affected party for damages.
• Fines: students are fined a specified monetary amount.
• Educational sanctions: students are required to complete educational projects, such as attending workshops or meetings, participating in community service, writing reflective or research papers, etc.
• Records hold: students have holds placed on their records preventing class registration, awarding of diplomas, and/or issuing of transcripts or other records until the terms of the sanctions are completed.
• Withholding the degree: students’ degrees are withheld until the completion of the conduct process, including the resolution of imposed sanctions, regardless of the students’ academic status. This sanction requires approval of the provost.
• Revocation of community privileges: the college revokes privileges normally associated with community members’ status as admitted students, nondegree students, or alumni/ae. An example would be removal from student housing.

The college considers significant mitigating or aggravating factors when imposing sanctions and does not follow progressive disciplinary actions (i.e., students do not have to be placed on warning or probation before they are considered for suspension or dismissal). Mitigating or aggravating factors may include the present demeanor and past conduct record of the respondent; the nature of the offense and the severity of any damage, injury, or harm resulting from it; and the level of ongoing threat to the safety and security of the complainant or campus community. Unless specified otherwise in the notification of outcome, sanctions take effect immediately.

Disciplinary Records
The college retains student disciplinary records for seven (7) years from the date of the outcome letter and may be kept for longer periods of time at the discretion of the dean of students or designee. Students may review disciplinary records in accordance with the Family Educational Rights and Privacy Act’s provision for viewing their educational records; they do so by scheduling an appointment with the dean of students or designee at least five working days in advance. Records may be redacted, which means that information relating to other students, administrative file notes, and other confidential information will be removed prior to student inspection.

Student conduct records will be disclosed only with written consent of the student’s parents or the eligible student (in the case of a student 18 years of age or older), except as otherwise allowed pursuant to FERPA and its implementing regulations.

Examples of appropriate disclosures of records without consent include disclosure of information.

• Advisor or Support Person -- A person who provides emotional support to a Complainant or Respondent and who may be present in a nonparticipating role to provide moral support during any meeting, hearing, or interview under the Code. The advisor or support person may be a currently enrolled student, parent of the student, or a CCA faculty or staff member. Nonparticipating means that the advisor or support person is silent and does not speak or present information during the meeting or proceeding under the Code. [Attorneys are not permitted to participate in any Campus meeting or proceeding under the Code, absent advance written consent of the student conduct officer or dean of students and agreement to terms.] Meetings or hearing dates/times will not change due to availability of advisor or support person.
• Case -- A case is a compilation of relevant information pertaining to the charge(s).
• Charge -- A charge is the specific, formal violation of the Student Code of Conduct; the Policy Prohibiting Sexual Misconduct; or Policy Prohibiting Discrimination, Unlawful Harassment, and Retaliation for which the college is determining student responsibility.
• Complainant -- A complainant is a person whose rights within the Student Code of Conduct or Policy Prohibiting Discrimination, Unlawful Harassment, and Retaliation are reported to have been violated. “Complainant” can also refer to the person or entity reporting a violation.
• Complaint -- A formal complaint is the document (electronic or hard copy) that describes the nature of the alleged violation of the Student Code of Conduct or Policy Prohibiting Discrimination, Unlawful Harassment, and Retaliation as well as the parties involved, witnesses, and other relevant details.
• Disciplinary Record -- A disciplinary record refers to the collection of files related to a student’s case. The files may include but are not limited to incident report(s), correspondence, investigation notes, witness statements, impact statements, student conduct history, and outcome letters.
• Outcome(s) – The finding of responsible or not responsible for each alleged violation, as well as any sanction(s) imposed.
• Preponderance of Evidence -- Preponderance of evidence means “more likely than not” or “50 percent plus a feather.” It is the standard used by hearing boards and conduct officers when reviewing cases.
• Respondent -- A respondent is a person who is named in a complaint and accused of violating the Student Code of Conduct; or Policy Prohibiting Discrimination, Unlawful Harassment, and Retaliation.
• Sanction -- Sanctions are disciplinary and educational obligations assigned to students found responsible for violating the Student Code of Conduct; or Policy Prohibiting Discrimination, Unlawful Harassment, and Retaliation.
• Student Conduct Officer -- The student conduct officer is a trained staff or faculty member who is authorized by the dean of students or designee to administer conduct procedures for a specific case. The person(s) who review the information in a case, make a determination of responsibility, and/or issue sanctions. For cases of sexual misconduct, discrimination, unlawful harassment and retaliation, the conduct officer will not also serve as the investigator for the same case.
• Working Day -- The College defines working days as Monday through Friday, excluding administrative holidays when offices are closed.