Student Code of Conduct

The Rowan College at Burlington County (RCBC) Student Conduct Policy is created to ensure that all students have a safe and secure environment in which to learn while ensuring that the rights of the individual, the community, and the college are all protected. Fundamental to the Code is the philosophy that all RCBC students are considered to be adults in the eyes of the college and are expected to conduct themselves accordingly. All students, including those involved in Distance Learning and on site partner courses, are ultimately responsible for their own conduct as well as the conduct of their guests and visitors.

The following Code defines prohibited conduct and range of sanctions for those students whose acts determined to be in violation of its standards of conduct.  The determination of a student’s responsibility for prohibited conduct is completed through a thorough investigatory and hearing process, affording both prompt disciplinary determinations and appropriate due process to the alleged violator.  

Regardless of whether an individual is on or off campus, RCBC students are members of the college community and are expected to adhere to the Code of Conduct standards at all times. The college reserves the right to use the policies and procedures outlined in this procedure to address behavior on and off campus.

Rowan College at Burlington County cooperates with all local, state and federal law enforcement when addressing reported incidents involving RCBC students.  Students may be accountable to both civil authorities and the college for acts which constitute violations of law as well as violations of this Code. In such event, college disciplinary actions will proceed notwithstanding any pending action for local state or federal agencies. Similarly, dismissal or acquittal of such concurrent legal proceedings will not necessarily result in dismissal of college disciplinary actions.

The Code of Conduct is intended to provide students with guidance on expected conduct and to ensure that they are informed of their rights and the steps that the college  will take to address reported behavioral concerns. These standards are not absolute and as such, the college may address other behaviors not expressly outlined in this Code if it determines that it is in the best interest of the community to do so.  Furthermore, the college reserves the right to change and/or add to the policies, procedures, and programs described in the Student Handbook and/or the Code of Conduct as necessary and will make reasonable efforts to inform students of such changes and/or additions as reasonably feasible.

Definitions

The following definitions refer to the Rowan College at Burlington County conduct review procedures and processes only:

• The term “College” refers to Rowan College at Burlington County;
• The term “College official” includes any person employed by the college or an outsourced auxiliary service who performs assigned administrative or professional responsibilities, including conducting classroom activities;
• The term “conduct review body” refers to any person or persons, or the Code of Conduct Committee, authorized to determine whether a student has violated the Code of Conduct and to recommend imposition of sanctions; exercise disciplinary action following a proper hearing. The college will exercise this right in cases where its reputation or orderly functions as an academic community are involved;
• The term “complainant” refers to the individual filing a complaint or making an allegation of a violation of the student Code of Conduct.  In instances where there is no direct complainant, the college serves in that role.
• The term “respondent” refers to the individual alleged to have violated a policy and/or involved in the reported misconduct.
• The term “College policy” is defined as the written regulations of the college as found in, but not limited to, the Student Handbook, and the College Catalog and published online;
• The term “investigation” refers to any fact-finding process implemented by the college in order to gather any and all relevant information needed to determine the extent to which a violation of the Student Code of Conduct may have occurred.  An investigation may be conducted before formal charges are issued in order to determine if sufficient information exists to warrant said charges. Some investigations require additional protocols based on state and / or federal regulations.
• The term “preponderance of the evidence” is the standard in all hearings to determine responsible or not responsible for a code of conduct violation.  This means that a decision of “responsible” for an alleged conduct charges is made by the hearing board’s evaluation of the evidence and a finding that there is more than a 50% chance that the claim is true.  Findings of not responsible, using the same evidence standard, would be a hearing board’s determination that there is less than a 50% chance that the claim is true.

In addition to the various other policies in place at the college, and processes or procedures detailed in the college catalog and in various other electronic and printed material across the college, the following acts, when committed by students of Rowan College at Burlington County, shall be deemed as misconduct subject to imposition of discipline under these published procedures. 

1. Physical or Psychological Harm: Conduct which threatens the physical or psychological health and/or safety of any person, including the person committing the act, or the sanctity of the campus, including but not limited to physical and/or sexual assault or any violation of New Jersey Statute Title 2C. Conduct violations within this category may also create Title IX related charges within the college’s conduct process. Information on Title IX is available at rcbc.edu/titleIX.
   1. Dating Violence: violence, whether physical, sexual, or the threat thereof, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
   2. Domestic Violence: a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner, a cohabitating partner, or another person with whom the victim shares a child and/or as defined by the NJ Prevention of Domestic Violence Act.
   3. Sexual Harassment: Conduct of a sexual nature that creates an intimidating, hostile or offensive campus, educational or working environment for another person. This includes, but is not limited to,  unwelcome sexual advances or requests for sexual favors, inappropriate sexual or gender-based activities, comments or gestures, touching, gratifying, or exposing of one’s private parts in public, or other forms of verbal or physical conduct or communications constituting sexual harassment, including lewdness as defined by N.J.S.A 2C:14-4.
   4. Fondling: touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or without that person’s consent.
   5. Sexual Assault/Rape: an offense that meets the definition of rape, sexual assault with an object, incest, or statutory rape as used in the FBI’s UCR program and/or sexual assault as defined by New Jersey law.
   6. Stalking: any act, whether via phone, internet, or physical proximity, that, through unwanted and/or unsolicited viewing or communicating threatens an individual’s physical or emotional safety.
   7. Physical Attack: causing physical or psychological harm to any person on college property or at college sponsored activities, or recklessly causing reasonable apprehension of such harm.
   8. Harassment: any act, whether written or verbal, via online or in person, that abuses, intimidates, or threatens the safety of a member of the campus community or as additionally defined by N.J.S.A. 2C: 33-4 (harassment) and N.J.S.A. 2C: 33-41(Cyber-Harassment)
   9. Invasion of privacy, observation of sexual contact, reproduction or disclosure of images of sexual contact or undergarment-clad intimate parts of another person.
   10. Failure to maintain personal health and hygiene.
   11. Threat of harm to self or others, whether by words, actions, online posts, observable actions and/or behaviors, and/or reliable, third party observations
   12. Use or possession of fireworks, firearms or other weapons as defined by N.J.S.A 2C: 39-1 and N.J.S.A. 2C: 11-1.
   13. Hazing/Bullying - Any act that does not contribute to the positive development of a person, which inflicts or intends to cause physical or mental harm or anxieties, and/or which demeans, degrades, or disgraces any person regardless of location, intent or consent of participants that is an explicit or implicit condition for initiation to, admission into, affiliation with, or continued membership in an official/informal group or organization.  Failing to intervene to prevent, failing to discourage, and/or failing to report those acts may also violate this procedure.
2. Disorderly Conduct: Conduct which may breach the peace of the college, on or off campus, and/or obstruct the daily activity of the campus including instruction and business operations.Obscene or indecent behavior, which includes, but is not limited to, indecent exposure or the display of sexual behavior that would reasonably be offensive to others.
   1. Interfering with normal college or college sponsored activities, including, but not limited to, studying, teaching, research, extracurricular activities, job placement activities, college administration, or fire, police or emergency services.
   2. Misusing or damaging college  equipment and/or property.
   3. Interfering with the freedom of expression of others on college property or at college sponsored activities.
   4. Destroying or damaging the property of others on college property or at college sponsored activities.
   5. Littering on campus or at a college sponsored activity
   6. Failure to comply with the directions of college officials, including campus Public Safety officers, acting in performance of their duties.
   7. Smoking on campus, in any form, in violation of the smoking prohibition policy
   8. Bringing unauthorized pets or animals to campus without following procedures for therapy, service or support animals.
   9. Unauthorized presence in or use of college premises, facilities or property.
   10. Violating the terms of any disciplinary sanction imposed in accordance with this code.
   11. Violation of college regulations or policies, including but not limited to the Civility Policy, as published on the college’s website, Student Handbook, and/or college catalog, as approved and compiled by the Board of Trustees, President, or their designates
   12. Violation of statutes, laws, ordinances, and/or regulations of Burlington County, State of NJ (or other states, when applicable) and the United States of America, including but not limited not all sections of N.J.S.A 2C.
   13. Sexual Activity: Exhibiting disorderly, lewd, indecent, or obscene conduct or exhibitionism anywhere on campus or at any RCBC sponsored activity; with or without consent .
3. Dishonesty: Non-academic dishonesty including, but not limited to, theft, attempted theft, possession of stolen property, forgery, and falsification of information provided to a college or civil official, as well as academic dishonesty including cheating, plagiarism, etc.
   1. Initiating or causing to be initiated any false accusation, false report, defamation of character, warning or threat of fire, explosion or other emergency on college property or at college sponsored activities.
   2. Furnishing false information to the college.
   3. All forms of academic dishonesty, including cheating, fabrication, plagiarism, facilitating academic dishonesty, and/ or knowledge of academic dishonesty without reporting.  
   4. Unauthorized use of any AI Generator during coursework and/or placement testing.
   5. Forgery, unauthorized alteration, or unauthorized use of any college document or instrument of identification.
   6. Theft of property, theft of property mislaid, or theft of services on college property or at college sponsored activities; possession of stolen property on college premises or at college sponsored activities.
4. Substance Use or Abuse: Possession, use, and / or distribution of any substance constituting a “controlled dangerous substance” within the meaning of the New Jersey Controlled Dangerous Substance Act, or any illegal drug, on college property or at college sponsored activities.
   1. Distribution or attempted distribution of alcohol to any person.
   2. Distribution or attempted distribution of a drug, including prescription medication.
   3. Illegal use or possession of a drug, including prescription and over-the-counter drugs.
   4. Possession or use of another student’s drugs and/or drug paraphernalia.
   5. Impairment due to the use of drugs or alcohol

There are four phases to the Conduct Review Process:

1. Alert and / or Reporting – self-report or student / employee report based on observation
2. Investigation – conducted by Public Safety personnel after a formal complaint is received
3. Communications – Complainants and Respondents outreach and expectations
4. Hearings – coordinated by the Dean of Student Success, Conduct team and Title IX Coordinator (when necessary)

Reporting

Under federal guidelines, individuals are identified as Campus Security Authorities (CSAs) under the Clery Act and Responsible Persons under Title IX.  These individuals are required to report any crime immediately to the Public Safety Department by dialing (856) 434-SAFE (7233). Additionally, all other College employees and students are strongly encouraged to report all alleged misconduct and/or crimes to the Public Safety Department.

Students may also report misconduct or alleged misconduct against another student to the Office of the Dean of Student Success. The individual staff and students involved in reporting conversations are also considered CSA’s.  Reports filed through the Dean of Student Success Office will follow standard investigation procedures in coordination with Public Safety. Students who report a complaint within the Conduct process may be referred to as the complainant(s) within this procedure.  Students who are accused of a violation may be referred to as the respondent(s) within this procedure. 

Individuals who may have been the victim of a sexual harassment, sexual assault, dating/domestic violence, or other incident of sexual violence may also make a report to the Title IX Coordinator, Dr. Cathy Briggs, Dean of Student Success (cbriggs@rcbc.edu, 856-242-5391).

Investigation of Incidents

When an incident is reported to the College, an investigation may be conducted to determine if a potential violation of the Code of Conduct or a violation of statutes, laws or ordinances occurred.  Following the investigation, the Dean of Student Success (or his/her designee) will review the investigation outcomes to determine whether there is enough information to warrant charges and a review by the conduct review body.  While an investigation occurs, interim measures may be implemented by the Dean of Student Success (or his/her designee) as outlined further in this section.

Investigations are conducted through Public Safety and follow internal departmental procedure.  Investigations are conducted promptly and efficiently.  All investigations, but especially cases related to gender discrimination and Title IX cases will follow the college standard for processing complaints, conducting and closing investigations, and completing the hearing process of ninety (90) business days.  Any extension to this time frame may be based on a failure to connect with the complainant, respondent, or witness that impacts the ability to close the investigation. In the event that an extension to the college standard for prompt resolution is needed, written communication will be sent to both the complainant and respondent. 

It is at the discretion of the Dean of Student Success (or his/her designee) to determine whether or not information provided through the investigation is sufficient to warrant either a formal review by a conduct review body or an informal resolution.  Typically, complainant(s) will be notified of the conclusion of the investigation and a resolution to the complaint, but may not be informed of the outcome before a conduct review body and/or the resulting sanctions, if applicable, except in the case of alleged sexual misconduct or sexual harassment cases.

Communications

The College attempts to have ongoing communication to students involved in conduct cases.  As required by federal regulations, the college will coordinate communication to the complainant and respondent in possible Title IX cases at the start of any investigation of an alleged report.  At a minimum, any student involved in a code of conduct investigation will receive communication from the Office of Public Safety requesting an interview and written statement and communication from the Conduct Office with notification of hearing dates and review options for investigation outcomes. If a student who is respondent in an alleged incident is no longer enrolled at the college, a notice will be sent in regards to the pending case and a hold will be placed on the student's account limiting future registration.

Hearing Procedures

The following information and guidelines outline the typical steps that the College will take to resolve an alleged violation of the Code of Conduct after the completion of an investigation, if applicable.  These procedures may be modified by the Dean of Student Success at his/her discretion. 

The college utilizes a preponderance of the evidence standard in all hearings.  This means that a decision of “responsible” for an alleged conduct charges is made by the hearing board’s evaluation of the evidence and a finding that there is more than a 50% chance that the claim is true.  Findings of not responsible, using the same evidence standard, would be a hearing board’s determination that there is less than a 50% chance that the claim is true. 

The types of hearings include:

• Administrative Hearing: A formal meeting conducted with RCBC Conduct Officer(s) for first level / minor offenses.  The determination for Administrative Level Hearings is made by the Dean  of Student Success (or his/her designee).  Students may request a formal Code of Conduct Committee Hearing if desired.
• Code of Conduct Committee Hearing: A formal hearing conducted by the Code of Conduct Chairperson and a committee made up of students, faculty and / or staff.  The Hearing is conducted with testimony from multiple individuals and is utilized for students with multiple offenses (including prior campus activity), a physical threat to the campus community, or a charge that may lead to suspension or expulsion. 
• Title IX Conduct Hearings: A formal hearing conducted with members of the cross trained Code of Conduct committee and a Title IX trained presiding hearing officer. Title IX Conduct hearings are only permitted for conduct violations that fall within the federal regulations or cases that involve alleged Title IX violations with other accompanying alleged charges from the same incident(s).  Hearings for these cases may include advisors for each party and the availability of cross examination with decisions regarding questions made in a live or virtual setting by the Hearing Officer. 

The determination for a Code of Conduct Committee Hearing is made by the Dean of Student Success (or his/her designee) or federal regulations. 

A hearing may be conducted by an individual hearing officer, the Code of Conduct Committee (CCC), or the Title IX Conduct Hearing Committee determined at the discretion of the Dean of Student Success (or his/her designee) or by federal regulations. 

If a student has been appropriately informed of the hearing date/time and has failed to show, the College reserves the right to conduct the hearing in his/her absence. In all formats, except Title IX Conduct Hearings, the committee will review the statements submitted via the investigation to determine outcomes based on available information.  For Title IX Conduct Hearings, per 2020 Federal Regulations, all parties must be present and participating in the live hearing for statements to be considered in the decision making. 

Additional details regarding hearing notification, hearing guidelines and process are available in Tab 6: Hearings

In certain circumstances, including but not limited to those involving sexual harassment and/or sexual violence, and/or when a student is involved in criminal proceedings, the Dean of Student Success (or his/her designee) may, upon initial assessment, impose interim measures as a means to ensure the safety of all parties as well as the college .  Interim measures may or may not be punitive and may include a College and/or a social suspension pending assessment by way of a full investigation and/or a hearing before a conduct review body. Interim measures may be imposed to:

1. help ensure the safety and well-being of members of the College community or preservation of College property;
2. help ensure the student’s own physical or emotional safety and/or well-being;
3. help prevent disruption or interference with the normal operations of the College

Depending on the nature of the interim measures, students may be denied access to certain buildings and/or 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 Student Success (or his/her designee) may determine to be appropriate.

A student may be removed, and temporarily prohibited from campus by Public Safety as a result of an incident involving possible conduct violations.  All temporary removals and prohibitions are sent to the Dean of Student Success (or his/her designee) for follow up within one business day. The Dean of Student Success (or his/her designee) is responsible for initiating contact with the involved student(s) and the faculty of the courses impacted (if necessary) to formally communicate about next steps, including possible interim measures.

Whenever interim measures are applied, a hearing convenes at the earliest possible time. The interim measures(s) may remain in effect until a final decision has been reached, including any appropriate appeals process, and/or may be modified at the discretion of the Dean of Student Success (or his/her designee).

An appeal process for interim measures is available and must be conducted within two (2) business days of the notification. Appeals from either the complainant or respondent must be submitted in writing to the Vice President of Enrollment Management and Student Success and include the specific rationale for the appeal.

All students are entitled to have an advisor of their choice to help guide them through the conduct review process, if requested at least 48 hours prior to a scheduled hearing and approved by the Dean of Student Success (or his/her designee). 

• For Administrative Hearing and Code of Conduct cases, the college provides an approved advisor who is a member of the RCBC community and is available to guide the student through the college process for investigations and hearings before the proceedings, but is not permitted to speak on behalf of the student at the proceedings. 
  • If a student chooses to have an advisor with them at the hearing, outside of the assigned college employee, the student and advisor must comply with the following requirements:
    • the student is the only individual permitted to provide testimony or ask questions of the panel during an Administrative or Code of Conduct hearing. 
    • no cross examination is permitted in the Administrative or Code of Conduct hearing process.
    • the advisor is permitted to speak to the student they are supporting, but not to the panel or any other participant in an Administrative or Code of Conduct hearing.
• For Title IX Hearings, advisors may be individuals outside the college community, including legal representation.  The college will provide an advisor to either the complainant or respondent if needed to help with a review of the process, understanding investigation reports, compiling questions for the hearing and assisting with cross examination.  Advisors from within the college will have training in Title IX and overall conduct hearing processes, but will not be legal representatives. More information on Title IX cases is available at rcbc.edu/titleIX

Prior to the hearing, the hearing officer may meet with the advisor to provide information about the Code of Conduct (including the specific charges being brought against the student and the range of sanctions that may be imposed if it is determined that a violation has occurred), and to answer any questions they may have about the proceedings. The hearing officer cannot answer questions about the incident itself or the student’s responsibility.

The advisor is permitted to meet with the respondent in advance of the hearing and to be present at the hearing and the outcome. The advisor’s role is to provide guidance to the respondent with regards to what to ask and how to act, what questions to ask, and how to prepare their case. Advisors are able to share notes with the respondent at the hearing. The complainant may also elect to have an advisor present, subject to the same parameters outlined above.

In cases involving sexual assault or sexual harassment, the complainant and respondent are permitted to have an advisor of their choice present, including legal counsel. Live Title IX Hearings include cross examination options with advisor involvement in the proceedings.  Cases of this nature will have a modified conduct committee with no student representatives.

As noted in the Conduct Review section (Tab 2), there are three types of Hearings within the Code of Conduct structure, including 

• Administrative Hearing: A formal meeting conducted with RCBC Conduct Officer(s) for first level / minor offenses.  The determination for Administrative Level Hearings is made by the Dean  of Student Success (or his/her designee).  Students may request a formal Code of Conduct Committee Hearing if desired.
• Code of Conduct Committee Hearing: A formal hearing conducted by the Code of Conduct Chairperson and a committee made up of students, faculty and / or staff.  This type of hearing is conducted when one or more of the following are factors within the case: 
  • the alleged charge may lead to suspension or expulsion, based on alleged actions within the incident, previous violations of the code of conduct or other case influenced factors.
  • the investigation yielded multiple student participants and testimony if required from all to make an informed decision on outcomes. 
  • the hearing involves multiple offenses (including prior campus activity)
• Title IX Conduct Hearings: A formal hearing conducted with members of the cross trained Code of Conduct committee and a hearing officer with legal training. Title IX Conduct hearings are only permitted for conduct violations that fall within the federal regulations.  Hearings for these cases may include advisors for each party and the availability of cross examination with decisions regarding questions made in a live or virtual setting by the Hearing Officer. 

The determination for a Code of Conduct Committee Hearing is made by the Dean of Student Success (or his/her designee) or federal regulations.

Both the complainant and respondent will be informed, in writing, of the alleged misconduct and which areas of the Code of Conduct that the behavior violates as well as the date/time of the hearing.  Students who report a complaint within the Conduct process may be referred to as the complainant(s) within this procedure.  Students who are accused of a violation may be referred to as the respondent(s) within this procedure. 

For cases involving the standard Administrative Hearing or Code of Conduct Hearing process, the respondent will be provided adequate time to prepare for a hearing (no less than 2 business days) and informed of their rights in the process. A request to postpone a hearing must be emailed to conduct@rcbc.edu at least 24 hours prior to the scheduled hearing. All postponement requests will be reviewed by the Dean of Student Success (or his/her designee) and a determination will be made to either postpone or hold the hearing based on the nature of the case and the reason for the request. Cases within the Title IX Conduct Hearing process have additional communication, notification, and investigation review criteria, available at rcbc.edu/titleIX

In matters involving sexual violence or Title IX related charges, the complainant will receive a similar notification of the charges to be considered against the respondent as well as the date/time of the hearing. 

A hearing may be conducted by an individual hearing officer, the Code of Conduct Committee (CCC), or the Title IX Conduct Hearing Committee determined at the discretion of the Dean of Student Success (or his/her designee) or by federal regulations. 

If a student has been appropriately informed of the hearing date/time and has failed to show, the College reserves the right to conduct the hearing in his/her absence. In all formats, except Title IX Conduct Hearings, the committee will review the statements submitted via the investigation to determine outcomes based on available information.  For Title IX Conduct Hearings, per 2020 Federal Regulations, all parties must be present at the hearing for statements and investigation materials to be considered in the decision making.

Code of Conduct – Standard Process

When a hearing is convened to review charges involving an alleged violation of the student Code of Conduct, the College will typically operate using the following guidelines, subject to review by the hearing officer or chair of the CCC, or the Dean of Student Success (or his/her designee), if applicable.  Disciplinary hearings by the CCC shall be closed to the public and only open to the complainant, respondent, hearing officer(s), advisor(s), and witnesses, if applicable.  The criteria for a Title IX Conduct Hearing is different and is described in the section below.

1. The hearing shall be presided over by either a hearing officer or the chairperson of the CCC. All members of said Committee may question witnesses. In the event the Chairperson is absent or is unable to act as chairperson for any reason, an acting chairperson shall be designated from the membership of said Committee by the Dean of Student Success (or his/her designee).
2. The respondent shall not be compelled to testify on his/her own behalf, but may do so upon his/her own request.
3. All testimony must reflect an honest and authentic recollection. Any identified false testimony may result in additional charges.
4. The hearing shall be recorded. In the event of an appeal, the video will be made available for review.
5. All relevant evidence will be provided by the hearing officer or chairperson of the CCC. Evidence deemed repetitious, unduly prejudicial, irrelevant, or likely to cause confusion, may be excluded at the discretion of the aforementioned hearing officer or chairperson. Evidence not within the personal knowledge of a witness, or not within that witness’s experience or training if such be material to the testimony, may be excluded. Rule of privilege recognized by law or by the New Jersey Rules of Evidence shall apply to the extent permitted by the context and similarity of circumstances. Hearsay evidence shall be admitted, and shall be given whatever weight the Committee deems appropriate considering its nature and reliability.
6. The complainant and respondent will be permitted to submit questions in advance but may be restricted from asking questions directly to one another based on the nature of the situation and in all matters of sexual violence.
7. The complainant and respondent both have the opportunity to present witnesses.  Any witnesses must be identified to the Dean of Student Success (or his/her designee) at least 24 hours before the scheduled hearing.
8. The complainant and respondent may present a closing argument or statement to the hearing officer of the CCC.
9. Immediately after the hearing, the hearing officer or the CCC shall meet, in private, to determine whether, based on the preponderance of evidence standard, the information presented indicates if the respondent is responsible for the alleged charge(s).  If there are extenuating circumstances, the hearing officer or the CCC may take more time to deliberate and inform the respondent (and the complainant in matters of sexual violence) of the outcome of the case.
10. Said decision shall be by simple majority vote.
11. The Chairperson shall promptly announce the decision of the Committee. A written report of this decision, along with the stated disciplinary measures, if applicable, shall be forwarded to the Dean of Student Success. Add content about sending to both parties.
12. Decisions made by the hearing officer or the CCC are final, pending the normal appeal process.
13. Outcomes of any type of hearing within the RCBC process will be joined with any subsequent allegations of code of conduct violations and considered by the hearing officer or CCC in the sanctioning phase.

In compliance with the 2020 Federal Title IX Regulations, any incident occurring on campus between students or employees, involving gender discrimination, including sexual harassment, sexual assault, dating or domestic violence and other behaviors detailed in the regulations or college policy or procedures, must adhere to the following steps: 

• Notification of a formal complaint to the Title IX Coordinator by complainant, responsible reporter or observer of activity of concern.
  • If an initial report from a responsible reporter staff member is received by the Title IX Coordinator or a student reports an incident to Public Safety, an initial meeting with the complainant may be conducted to determine the complainant's intentions to file a formal complaint.
• Once a formal complaint is confirmed, notification of the report and start of an investigation is sent to the complainant and respondent.  Information regarding standard of evidence and presumption of not responsible is included in initial notice. 
• All investigation will be conducted promptly and efficiently.  The goal for Title IX cases is scheduling a hearing within 60 business days of the formal complaint.  Any extension to this time frame may be based on a failure to connect with the complainant, respondent, or witness that impacts the ability to close the investigation. In the event that an extension to the college standard for prompt resolution if needed, written communication will be sent to both the complainant and respondent. 
• Upon completion of the investigation, a report summary is compiled by the Investigating Officer and submitted to the Title IX Coordinator. 
• The Title IX Coordinator initiates the review process within 5 business days, including communication sent to both the complainant and respondent (and any known advisors). This communication includes instructions regarding the review process and options to view the report summary and investigation materials.
  • The standard review period is within 10 business days of the notification date.
  • All review is of redacted documents with the removal of personal information beyond name (address, birthdate, etc).
  • All reviews must happen on campus or in a remote proctoring environment.
  • No photos or copies of any evidence are permitted.
• Following the review period, both the complaint and respondent have a three day period to respond in writing with any concerns regarding reported content or missing evidence (witness interviews with direct knowledge of activities, online content (emails, social media posts, etc)).
• Once the review and comment period has expired, any written concerns must be reviewed by the Investigating Officer. The review can result in(not limited to) a decision to reopen the investigation to collect and evaluate new information or a recommendation to move forward with the hearing. 
  •  In the event that an additional investigation is needed based on new information from the review period, a secondary communication and notice of the review timeframes will be sent out from the Title IX Coordinator.
• At the conclusion of all review and comments regarding the investigation process, a hearing notice is sent to the complainant and respondent (and related advisors) with notification of time, date and location(s) for the hearing.
  • Virtual hearings are permitted under this process but must be requested at least two business days in advance of the hearing date. 
• Hearings are conducted utilizing a Hearing Chair who will conduct a roll call, organize testimony from both respondent and complainant, monitor and vet cross examination questions and facilitate the hearing board team members (made up of college faculty and staff).
  • According to Title IX regulations, the Hearing Board can only utilize written statements from individuals who are present at the hearing and willing to participate in cross examination. 
  • The Board may not consider written statements from individuals who are not present (in person or virtually) at the hearing and willing to participate in cross examination.
• At the conclusion of the Hearing, the Title IX Hearing Board chair and the panel will meet in private to discuss outcomes of the case using the preponderance of the evidence standard.
• The decision of the Board is delivered verbally at the end of the Hearing Board review.  The Hearing Board must send the responsibility decision (hearing outcome) and sanctions in writing with 2 business days of the hearing. The decision must be sent to both the complainant and respondent (and related advisors).
  • Information regarding Sanctions is available in Tab Seven
• Both the complainant and respondent have the opportunity to appeal the decision of the Title IX Hearing Board.  
  • In accordance with the Code of Conduct procedure, an appeal must be submitted in writing within 5 business days of the hearing board decision.  Appeals from the Title IX Hearing Board are submitted to the Vice President for Enrollment Management and Student Success. The Hearing Outcome and Sanction letter includes the Vice President’s contact name and email information.
  • In the event that an appeal is filed within the stated time frame, the Title IX Coordinator will send notice to the complainant and respondent. 
  • Additional information regarding the appeal process is available in Tab Eight.

One or more of the following disciplinary measures may be imposed upon students found to have violated this Code or any of the policies listed in section B (above).

1. Expulsion. Permanent dismissal from the college.
2. Suspension. Separation from the college for a specified period of time.
3. Disciplinary probation. Loss of participation in extracurricular activities, athletics, and/or holding of office in student organizations, for specified time period.
4. Restitution. The obligation to replace, or pay for property damaged, or to compensate for losses incurred, as a result of the violation.
5. Loss of privileges. Temporary revocation of such privileges as driving on campus, use of the cafeteria, library borrowing privileges, ability to take in person classes, etc.
6. Warning. A written notice to the student that he or she is violating or has violated the Student Code of Conduct.
7. Conflict mediation (Please note that mediations are not applicable in cases involving sexual harassment and/or assault/violence)
8. Referral to support services/educational programs
9. Community Service: Service to the college or other related discretionary assignments
10. Probation – Defined as the middle status between good standing and suspension. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating the Student Code of Conduct during the probationary period;
11. Educational Assignments – Additional activities as assigned by the hearing officer with an educational outcome or goal that relates to the violation.

Range of Sanctions

The list of sanctions in this section are not absolute but provide a broad range of possible sanctions that could be applied to the resolution of a matter, at the discretion of the hearing officer, Code of Conduct Committee (CCC) or Title IX Hearing Board.  More than one of the above sanctions listed may be imposed for any single violation.

In recognition that no two circumstances are identical, the college provides tables that outline guidelines for sanctions for standard violations. Actual sanctions may vary based on the situation and nature of the infraction and the context of the circumstances as presented during the hearing.

1. Any student found to be in violation of this Code under the foregoing procedures may appeal the decision of the hearing officer or the Code of Conduct Committee directly to the Vice President for Enrollment and Student Success (VPEMSS). An appeal shall stay implementation of sanctions, but shall not permit a student removed from a class or campus to return.
2. In cases of sexual violence, either the complainant or respondent can appeal.  In all other matters, only the respondent can appeal.
3. The notice of appeal must be received, in writing, at the office of the VPEMSS within five (5) college business days of the date of the decision.
4. A copy of the notice of appeal must be filed with the Chairperson of the Code of Conduct Committee.
5. After a notice of appeal has been filed, a digital copy of the hearing shall be prepared as soon as practical and shall be forwarded to the VPEMSS by the Dean of Student Success (or his/her designee).
6. The VPEMSS (or his/her designee), within ten college  business days of receiving the notice of appeal, shall either affirm, reverse, or modify the decision and/or sanction(s) imposed by the code of conduct committee.
7. The VPEMSS’ (or his/her designee) written decision shall be forwarded to the respondent, Dean of Student Success, and the hearing officer or the Chairperson of the Code of Conduct Committee.  In matters of sexual violence, the complainant will also be notified. The VPEMSS’ (or his/her designee) written decision shall include his/her reasons for arriving at said decision. Said decision shall not be subject to additional review.  Judgments not overturned on appeal shall remain part of the student’s active file for the duration of his or her matriculation at RCBC.

Appeal for all Cases

Both the complainant and respondent have the opportunity to appeal the decision of the Title IX Hearing Board.  

• In accordance with the Code of Conduct procedure, an appeal must be submitted in writing within 5 business days of the hearing board decision.  Appeals from the Title IX Hearing Board are submitted to the Vice President for Enrollment Management and Student Success. The Hearing Outcome and Sanction letter includes the Vice President’s contact name and email information.
• In the event that an appeal is filed within the stated time frame, the Title IX Coordinator will send notice to the complainant and respondent. 
• Additional information regarding the appeal process is available in Tab Eight.