Keene State College regards students as adults and expects them to accept responsibility for their behavior, whether acting individually or in a group. Students are expected to be considerate of the rights of others and conduct themselves in a manner that is consistent with the values embraced by the College and reflected in its various policies, contracts, rules, and regulations.

All students and student organizations are expected to maintain a high standard of conduct both on and off campus. Generally, College jurisdiction shall be limited to conduct that occurs on the College premises or during College sponsored activities. However, the conduct of a student that is deemed to impact the health and/or safety of members of this community and/or negatively impact the educational mission or reputation of the College may be subject to disciplinary proceedings regardless of where the behavior occurred. Additionally, students are expected to remove themselves from situations in which others are attempting to, or are engaged in violations of College policies. Remaining in such situations or failing to take an action to stop such behaviors makes a student complicit in the violation, and such students will be addressed through the College Conduct System. Keene State College will take a strong position on actions that are motivated by or committed against an individual(s) based on race, religion, disability, ethnic or national origin, sex, sexual orientation, age, marital status, or veteran’s status, and sanctions will be reflective of the nature of the incident and any bias demonstrated.

The Student Code of Conduct assumes that reasonable people, given adequate information and freedom to decide, can and will make judgments in the best interests of the community. Therefore, the College Conduct System is based in the principle of self-governance. This system is not a court of law; the rules of evidence do not apply. Hearings are designed to be educational and corrective in nature, rather than punitive. The goal of the College Conduct System is to teach the student why the behavior displayed is unacceptable. However, punitive sanctions may be imposed, particularly when the behaviors displayed jeopardize the safety and security of the individual or others or compromise the reputation of the College.

The following terms are used throughout the Student Code of Conduct.

“College” throughout this document refers to Keene State College.

A Policy is a written regulation of the College, including, but not limited to, those found in the Undergraduate and Graduate Catalog, Student Handbook, the “Terms and Conditions of the Residence Hall Contract,” and the "College Parking and Motor Vehicle Policies" and the complete list available under the policies section of our web site..

Throughout this document, reference is made to a number of individuals who are involved in the College Conduct System.

A Student is any person who is registered for courses at the College. Individuals no longer enrolled for a particular semester, but maintaining a continuing relationship with the College (for example, on an approved leave of absence), are considered students

A Faculty Member is a person hired by the College to conduct classroom or teaching activities. College Officials are people employed by the College, performing assigned administrative or profes¬sional duties. Faculty members are also considered College officials.

A Member of the College Community can be any student, faculty member, College official, as well as any other person employed by the College directly or through a contract service. A person’s status in a particular situation shall be determined by the Vice President for Student Affairs.

The College Premises include all the land, buildings, facilities, and other properties that the College owns, uses, or controls, including adjacent streets and sidewalks.

A Student Organization refers to a group of students recognized or registered as affiliated with the College as a result of complying with the formal requirements established and published in the Student Organization Guide.

The College Hearing Board is composed of qualified College community members who are appointed by the President and selected by the Coordinator of Student Conduct to hear a particular case,review the appeal, or otherwise resolve matters of student misconduct. Members of the College Hearing Board may be called on to serve in several different capacities.

A College-Sponsored Event includes any event that (i) is sponsored by the College, (ii) occurs on College premises,or(iii)occursoff-campuswiththepermission of the College or with participation by College officials in the performance of their official duties.

The responsibility for the College Conduct System lies with the following individuals:

The Vice President for Student Affairs has ultimate authority over the College Conduct System, including interpretation of policies and the systems procedures. In accordance with College policy, she or he approves the Code of Conduct and coordinates all nominations to the Hearing Board.

The Coordinator of Student Conduct is the professional staff member responsible for the overall coordination of the processes used to administer the Student Code of Conduct, including interpretations of policies and the system’s procedures. In this capacity, she or he serves as a Hearing Officer, oversees all procedures and processes, and ensures that training programs are conducted for Hearing Board members.

Hearing Officers are individuals who, through their job responsibilities or authorization by the Coordinator of Student Conduct, initiate action on possible violations to the Code of Conduct. The Hearing Officer may hear, arbitrate, mediate, or otherwise resolve student misconduct or disputes. College Hearing Board Members are members of the College community – faculty, staff, and students – who have been trained to hear and act on student conduct violations, appeals, or cases of academic dishonesty.

As members of the College community, students and their organizations have an obligation to know and obey the Student Code of Conduct. Through its policies and regulation statements, the College has made an effort to outline the behavioral expectations it holds. In general, the College expects that the common sense of a mature and responsible individual will determine if the behavior is one that should be avoided and can be addressed by the College Conduct System.

Accordingly, the following list is intended to serve as examples of behaviors that are considered unacceptable for students enrolled at Keene State College. College policies are described in detail in the Student Handbook. This list is intended, therefore, to be illustrative and not exhaustive.

• Section 1: General Violations
• Section 2: Campus Violations
• Section 3: Residential Violations
• Section 4: Alcohol Violations
• Section 5: Controlled Substance Violations
• Section 6: Gambling Violations
• Section 7: Key, Combination, and Card Access Violations
• Section 8: Fire and Safety Violations
• Section 9: Personal Injury Violations
• Section 10: Theft and Damage Violations
• Section 11: Dining Commons Violations
• Section 12: College Community Violations
• Section 13: Recognized Student Organization Violations
• Section 14: Technology and Telecommunication Violations
• Section 15: Conduct System Violations

Any member of the College community may file a com-plaint against a student or student organization alleging a violation of the Code of Conduct. The complaint shall be submitted in writing to the Coordinator of Student Conduct, a Residence Director, or a Campus Safety official as soon as possible, within 30 days following the occurrence or knowledge of an incident. Extensions of this time period may be granted at the discretion of the Coordinator of Student Conduct.

When a complaint is received, the Hearing Officer determines whether a violation of the Student Conduct Code may have occurred and identifies the appropriate charge(s) and the manner in which the infraction will be addressed. Alleged violations may be addressed in one of the following ways:

Educational Letter

An electronic letter may be sent to a student or student organization involved in a first-time minor violation outlining the incident that was reported and stating the College’s expectations regarding the behavior. The student or student organization has the right to request a hearing to discuss the charges. If contact is not made with the Hearing Officer within three business days of receipt of the letter, the matter is resolved and the student is expected to fulfill any sanction(s) specified.

Mediation

Conflicts between individuals may be resolved through the collaborative process of mediation. If mediation is deemed an appropriate step to take in resolving a conflict, contact will be made with all the individuals involved, and an explanation of the goals and purposes of this process will be offered. If accepted by all parties, mediation will be viewed as an alternative solution to the situation and a meeting scheduled. In the event it becomes apparent that coming to agreement in this way is not possible, the incident may be pursued through a disciplinary hearing. All agreements reached through mediation are considered binding. At any point, if it is determined that the agreement is not being fulfilled, the negligent individual may face further disciplinary action or additional mediation.

Hearing

Students alleged to have violated policy will be expected to attend a hearing. The purpose of the hearing is to fully discuss all aspects of the incident to understand the circumstances,determine responsibility for the action(s), and issue appropriate sanction(s). If determined that the student or student organization could face serious sanctions (for example, suspension, dismissal, disaffiliation), the case will be scheduled with a College Hearing Board consisting of three members of the College community. Regardless of whether the case is heard by the Hearing Officer or the Hearing Board, the format is similar.

Hearing Procedure

When it is determined that in incident may involve policy violations that must be addressed through a hearing, the Hearing Officer will contact all the students alleged to be involved in the policy violation. This contact, via e-mail to the College issued email account as well as other means of deemed appropriate, will include: the policies the student is alleged to have violated, a copy of the Incident Report that was filed, a web link to the student's rights in the conduct process, a date, time and location for the student to meet with the Hearing Officer. At least 24 hours prior to the meeting the student is expected to contact the Hearing Officer to indicate how they would like to resolve the situation. A student's options are:

• to take responsibility for the violation and meet with the Hearing Officer regarding the incident, during which sanctions will be issued, or
• to take responsibility and participate in the Hearing regarding the sanctions, or
• to indicate they are not responsible and participate in a hearing for the Hearing Officer to determine responsibility and appropriate sanctions if deemed responsible.

Students generally have no less than two but no more than 20 business days for the hearing to occur. In cases where circumstances prevent the hearing to be scheduled within this time frame, for example, during the start or end of the semester and during examination periods and summer session, the timeframe may be waived or extended at the discretion of the Coordinator of Student Conduct or a designee. A student charged with a violation(s) may waive the minimum two-day period.

The hearing will generally be held in private. Written requests for specified additional persons to attend a hearing will be granted or denied at the sole discretion of the Hearing Board or Hearing Officer. The Vice President for Student Affairs may name an impartial observer to be present during the hearing.

At a conduct hearing, the rules of process, procedure, and/or evidence that are applicable to civil and criminal cases do not apply. The hearing consists of a reading of the charge(s) and a response by the student(s), including an indication of whether the student accepts responsibility for the policy violation. A description of the incident is presented by the Hearing Officer and the student is offered the opportunity to respond. Additional information about the incident will be presented, including witnesses, if applicable .Questioning by the student, the complainant, and the Hearing Officer (or College Hearing Board Members) will be permitted. The Hearing Officer or Hearing Board may, at their discretion, accommodate (in any manner they deem appropriate) concerns for personal safety, well-being, and/or fear of confrontation by the complainant, the accused student, and/or any witness(es). Pertinent records, exhibits, and taped or written statements may be accepted for consideration by the Hearing Officer or Hearing Board and will occur at their discretion. Individuals have the right to an advisor of their own choosing present and retained at their own expense. Advisors are not permitted to speak or participate directly in any hearing. The hearing will conclude with summary statements by the student as well as the complainant. The opportunity will be available to the complainant, the alleged victim (if other than the complainant), and the accused student to offer input regarding sanctioning.

The Hearing Officer or College Hearing Board will adjourn to deliberate in private, review the case, and assign responsibility if appropriate. This determination is made on the basis of a preponderance of evidence presented at the hearing – it is more likely than not that the student or student organization has committed the violation(s) as charged. It is the responsibility of the Hearing Officer or College Hearing Board to determine the appropriate sanction(s). The students will normally receive the outcome via email within 20 business days from the completion of the hearing. Determinations by the Hearing Officer or the Hearing Board will be considered final, pending normal appeal processes under this policy.

Should a student or student organization representative(s) fail to appear for a scheduled hearing or otherwise choose to limit or withhold a response to the charge(s), the Hearing Officer or Chair of the College Hearing Board will proceed with the hearing. Any decision(s)made shall be based on the evidence presented at the hearing; students will not be found responsible for violating the Code of Conduct simply because she or he does not attend the hearing.

A student and/or student organization found responsible for violating the Code of Conduct will be sanctioned based on the specific violation(s). Factors such as past disciplinary action will be taken into consideration when sanctions are imposed. Since students have the right to appeal (based on specific criteria – see Appeals section), generally sanctions shall not be implemented until the appeal process has been exhausted. However, in cases where the health, safety, or well being of a particular student or the College community is threatened, the Coordinator of Student Conduct may authorize immediate implementation of any sanction(s) and offer to expedite the review. She or he may also authorize immediate implementation of the sanction(s) during the final examination period.

The following list is intended to suggest the range of sanctions that may be imposed on a student or student organization, either individually or in combination. The list is not all-inclusive; it provides a sample of the types of sanctions that may be issued.

a. No sanctions may be issued if the Hearing Officer determines the violation(s) are of such a minor nature and the student has no history regarding other recent conduct violations.

b. An Official Reprimand is a documented warning that unacceptable behavior has occurred. Further similar behavior or another violation of the Code of Conduct may result in more serious action.

c. Educational Sanctions are designed with the intent of teaching the student why the behavior displayed is unacceptable within our community. Some possible educational sanctions include:

• researching a specific topic
• writing a reaction paper
• designing and/or presenting community awareness programs
• participating in a service project
• attend counseling sessions
• develop or comply with a behavioral contract
• community service projects
• participate in a referred learning experience
• participate in restorative justice

d. Restitution could involve providing an appropriate service, monetary or material replacement for the loss, damage, or injury caused as a result of the misconduct. In situations where restitution cannot be billed directly to a student's account at the Bursar Office, a hold will be placed on their account by the Bursar Office pending proof of payment of, or acceptable payment plan for, the restitution approved by the College official receiving the restitution.

e. Residential Probation restricts the privileges of a student or student organization in conjunction with on-campus residential facilities. Residential Probation normally lasts for a specific period of time, although some conditions may remain in affect permanently. While this list is not all inclusive, examples of conditions of Residential Probation are:

• re-assignment to another residential facility
• being banned from specific or all residential facilities
• being denied the privilege of posting materials in residential facilities
• being denied the ability to schedule and hold events in residential facilities
• an indication that if specific violations occur again, a resident will be removed from all on campus residential facilities.
• being denied the ability to participate in, or select a room for the following academic year

f. College Probation restricts or alters the relationship between a student and Keene State College. College Probation normally last for a specific period of time, although some conditions may remain in affect permanently. While this list is not all inclusive, examples of conditions of College Probation are:

• removal from an organized student organization or leadership role within recognized student organization
• being banned from specific or all campus facilities
• being denied the privilege of posting materials in on campus facilities
• being denied the ability to schedule and hold events in a campus facility
• an indication that if specific violations occur again a student or student organization will be suspended, dismissed, or deactivated.
• being denied a statement of good standing by the College, which could have further implications for scholarship recipients, impact a students ability to participate in certain programs at the College, or restrict them from certain paid and/or elected positions at the College.

g. Loss of College Housing is invoked when student has been found responsible for a serious violation(s) or a previously warned student willingly broke his or her contract with the Office of Residential Life and Housing or has not fulfilled previously imposed sanctions. A student who loses housing is not eligible for financial reimbursement or other special considerations. In addition, such student(s) will not be permitted to live in College-owned housing for the duration of their time at Keene State College.

h. Disciplinary Suspension is the loss of the privilege of attending Keene State College for a specified period of time, normally not less than one semester or more than two years. During the period of suspension, the student is not eligible for a statement of “good standing.” A suspended student is banned from campus; she or he may not attend classes or attend or participate in any College function during this period, except as stipulated by the Coordinator of Student Conduct. A notation of “Disciplinary Suspension” is entered on the student’s transcript. Students suspended for a semester or more must apply to the Director of Admissions for formal re admission to the College. When suspended,the student is ineligible to register or attend classes at any University System of New Hampshire (USNH) institution for the duration of the suspension.

i. Disciplinary Dismissal constitutes the final separation from Keene State College and renders the student ineligible for readmission at any time in the future. In addition, the student is permanently banned from the College premises and may never receive a statement of “good standing.” Students who are dismissed for disciplinary reasons may be only allowed on campus for legitimate campus administrative business with the prior approval of the Dean of Students.

The notation of “Disciplinary Dismissal” is entered on the student’s transcript and becomes a part of his or her permanent record. The student is ineligible to register or attend classes at any USNH institution for two years following the date of the dismissal from Keene State College.

j. Deactivation of a Student Organization means that the group has lost recognition by the College for either a specific period of time or permanently. In addition, all sanctions listed above may be applied to a recognized student organization. Upon completion of the period of deactivation, an organization may have the opportunity to make a new application for College recognition. Often, the organization must show that it has complied with the sanctions or agreements associated with the deactivation.

k. Restorative Justice (RJ) is a sanction that may be issued when an incident has involved in harms being committed against an individual(s) or the community. If the Hearing Officer or RJ Intake Officer agree the student has taken responsibility for their behavior and is genuinely remorseful for the harms their behaviors have cause, the student can participate in a process with harmed parties and community members to explore the harms, and generate concrete steps that will be completed by the student to repair the damage done to the individuals(s) and the community.

Failure to satisfactorily complete a sanction places any student or student organization in jeopardy of receiving additional conduct action. Such actions will normally take the form of an additional sanction being issued to the student or student organization. Generally, the student or student organization will be made aware of what will happen for failing to complete a sanction in the original Hearing Outcome Letter. Any sanction that has not been completed at the time of a student’s departure from the College shall be considered outstanding. If or when the student attempts to return to the College, approval must be granted by the Associate Vice President for Student Affairs/Dean of Students prior to returning to classes.

Because each student, incident, and conduct action are unique, Hearing Officers and Boards take a number of factors into account when addressing each case. Past conduct history, the nature of the incident, did the violation demonstrate or involve bias or discrimination, and input from a victim if one is involved all contribute to the sanctions that are issued. However, in an effort to bring as much consistency as is both possible and appropriate, there are guidelines for a number of policy categories that students are frequently found responsible for. This list is neither all inclusive nor absolute. As trained and experienced individuals working within the conduct system, the staff and Board members recognize there may be instances when the minimum standard sanctions are not appropriate; not because they are too serious or too lenient, but because it is believed they will not appropriately and effectively provide the educational experience the individual student needs. In such circumstances, the minimum standard sanctions may not be issued, in lieu of others that the Hearing Officer or Hearing Board feel would be more appropriate.

Please review this sample of minimum standard sanctions for frequently violated policies.

Interim Suspension In certain serious circumstances, a student or student organization may be suspended or face restrictions in activities prior to a hearing. This might occur in an effort to ensure the health, safety, or well being of members of the College community or to preserve College property; to ensure the suspended student’s physical and emotional safety and well being; or to prevent the disruption of, or interference with, the normal operations of the College.

When a student or student organization is placed on interim suspension, the student will receive requisite notice and a hearing will be scheduled as soon as is practical. The Vice President for Student Affairs shall be notified of such action.

During an interim suspension, a student or student organization may be denied access to the residence halls and residential areas, the College campus (including classes), and/or other College activities or privileges. In addition, the accused student may be required to refrain from engaging in social and/or other specified types of interactions with certain individuals. A student with pending disciplinary charges who is ineligible to register or attend classes at Keene State College is ineligible to register for or attend classes at any other USNH institution for as long as the charge remains pending.

The findings of the Hearing Officer or College Hearing Board may be appealed by the accused student or the individual who filed the original complaint and will be considered only under the following circumstances:

• to determine whether the hearing was conducted in accordance with procedures prescribed by the College Conduct System, giving the individual who presented the complaint a reasonable opportunity to prepare and present evidence that the Code of Conduct was violated and giving the accused student(s) or student organization a reasonable opportunity to prepare and present a rebuttal.
• to determine whether the facts of the case were sufficient to establish that a violation of the Code of Conduct occurred and the accused student(s) or student organization more likely than not is responsible based on apreponderance of evidence presented at the hearing.
• to determine whether the sanction(s) imposed was appropriate for the violation(s) committed, the past disciplinary history, and sanction(s) of the student(s) or student organization.
• to consider new evidence not brought forth in the hearing, which is sufficient to alter the decision or outcome. This new evidence will be considered on appeal only if it is clear that the evidence could not have been known by the student(s) appealing at the time of the hearing.

Appeals must be submitted by the student in writing (electronically or printed copy) and contain grounds for the appeal based on the criteria identified above and must be received by the Coordinator of Student Conduct or a designee within five business days of the date indicated at the top of the hearing outcome notification e-mail. In most cases, Coordinator of Student Conduct (or another Hearing Officer) will review the appeal except in instances where she or he heard the original case. In some cases, the appeal may be considered by the Director of Residential Life and Housing Services.

In cases where the outcome of the hearing was a sanction(s) of disciplinary suspension, disciplinary dismissal, or deactivation of a student organization, Coordinator of Student Conduct will generally constitute a Board of three members selected from the College Hearing Board membership to consider the appeal. However, there are times (e.g., during the start or end of the semester, during examination periods and summer session, as well as other times deemed necessary due to calendar, personnel, and/or other special consideration) when constitution of a Board will not be practicable. At such times, the Coordinator of Student Conduct or a Hearing Officer may conduct the appeal review in lieu of a Board.


Appeals Process The appeal review is limited to an analysis of the written appeal document, the record and documents of the initial hearing, and an interview with the original Hearing Officer or Chair of the College Hearing Board. If the appeal is based on the appropriateness of the sanction(s) issued, a complete review of the student or student organization’s disciplinary history, including previous sanction(s), will take place. In cases where new evidence has emerged, thisinformationmay be included as part of the review process. If new information or a procedural error has been determined through the ap-peals process, the case shall be returned to the original Hearing Officer or College Hearing Board Members, or a newly constituted one, to allow for a reconsideration of the original finding. The new hearing will be scheduled as soon as possible. If there is reason to believe that the sanctioned student or other members of the College community are at risk, or a need exists to protect College property or prevent material disruption of the College’s educational process, the Coordinator of Student Conduct may immediately enforce any or all of the original sanctions and those sanctions shall remain in effect pending the final outcome of the case.

In cases where the review determines that the sanction(s) imposed are appropriate, the Hearing Officer or College Hearing Board will not grant the appeal and the original sanction(s) will remain. Sanctions that are appealed by the accused student may not be increased; instead, the outcome of a successful appeal may be a reduction or alterationoftheoriginalsanction(s).Theaccusedstudent or student organization is not at risk of a more severe sanction by exercising the right to request a review. However, if the appeal is requested by the individual filing the complaint, the result may be to reduce, alter, or increase the original sanction.

All decisions resulting from an Appeal Review shall be final. Although a verbal notification may be provided to the student who requested the appeal review, an e-mail notification of the decision shall be sent within 20 business days of the review.

Written Records – The Dean of Students Office maintains any records of disciplinary actions, including written reports and electronic or paper copies of letters,as well as academic misconduct sanctions that are forwarded from the Office of AcademicAffairs.Student disciplinary records are also maintained by the Coordinator of Student Conduct.Records are maintained for five years after a student has discontinued his or her relationship with the College. These confidential records cannot be removed and are accessible only in accordance with the Family Educational Rights and Privacy Act (FERPA).

“Disciplinary suspension” and “disciplinary dismissal” are entered on a student’s academic transcript as well as in his or her official file. Notation of disciplinary suspension remains on the transcript unless the student petitions the Dean of Students for its removal. Such petitions are granted or denied at the discretion of the Dean of Students. Generally, such a request is not granted until one year has lapsed following the end of the suspension. A student initiated leave of absence or a withdrawal during the suspension timeframe shall not be a basis for the early removal of this notation. The notation of “disciplinary dismissal” shall not be removed from a student’s transcript except for good cause upon the order of the Vice President for Student Affairs.

Audio Recordings – Normally, hearings are recorded. The audio recordings are the property of the College and may not be duplicated without the permission of the Coordinator of Student Conduct or adesignee. Students who may be preparing an appeal can request to review the recordings. Unless otherwise authorized by the Vice President for Student Affairs and/or ordered by a court of law, the review of the audio recording of the judicial hearings shall be limited to those involved in the case, their advisors, the Hearing officers or College Hearing Board members, the Coordinator of Student Conduct, Appeal officers, and the Vice President.

Hearings granted in conjunction with an appeal shall not be recorded except in extraordinary cases when authorized by the Coordinator of Student Conduct. Deliberations of the Hearing Board shall not be recorded. All audio recordings of College disciplinary hearings shall be destroyed after the deadline for filing an appeal has passed or the appeal has occurred.

Parental Notification – In accordance with FERPA, limited information will be released from a student’s educational record. In cases where a dependent student is found responsible for a violation(s) that results in the student being placed on Residential and/or College Probation, the student’s parent or legal guardian will be notified of the action. Section 152 of the Internal Revenue Code (IRS) will determine a student’s dependency and the College will use the information maintained at the Student Financial Services Office.

In cases where the student does not receive financial aid, she or he will have the opportunity to provide this information to the Coordinator of Student Conduct or his or her designee.

Other reporting – Information regarding policy violations that are defined as violent crimes or non-forcible sex offenses (under the Higher Education Amendments of 1998) maybe released to the public. The student’s name, the policy violation she or he is responsible for, and the sanctions imposed may be released to the public when a student is found responsible for such a violation.

Information regarding policy violations may also be released to the extent otherwise required by law.

Questions of interpretation about the Code of Conduct and the College Conduct System should be addressed to the Coordinator of Student Conduct, whose determination on such issues shall be subject to review only by the Vice President for Student Affairs. Any determination by the Vice President for Student Affairs on such issues shall be final. The Code of Conduct and the College Conduct System shall be reviewed every three years, or more often as necessary. The Coordinator of Student Conduct and the Director of Residential Life and Housing Services shall propose any changes to the Vice President for Student Affair, who shall approve any changes to the Code of Conduct and the College Conduct System. It is the responsibility of the Vice President for Student Affairs to notify the College community of changes approved.

College Hearing Board members are recruited through a nomination process during the academic year. Individual members of the College community may submit nominations (including self-nominations) in accordance with the timeline identified on the solicitation announcements. Hearing officers may serve as College Hearing Board members,advisors to students or advisors to a College Hearing Board. The Coordinator of Student Conduct is responsible for constituting, training, advising, and assigning cases to members of the College Hearing Board.

Each new nominee shall be required to successfully participate in a Discipline Training Seminar, generally conducted by the Coordinator of Student Conduct. Upon completion of the seminar, the Coordinator of Student Conduct confirms to the Vice President for Student Affairs that the student, faculty, or staff member possesses the knowledge, skills, and temperament to serve as a member of a College Hearing Board. It is the Vice President’s responsibility to confirm that student nominees are in good standing with the College. The names of those eligible to serve as College Hearing Board members are submitted to the College President for appointment.

In situations where the Coordinator of Student Conduct has reason to believe that a College Hearing Board member has deliberately disregarded the rules,guidelines, procedures, or philosophy set forth in the Code of Conduct and College Conduct System, she or he may seek a review from the Vice President. The outcome of the review may be to confirm the member’s appointment or recommend to the College President a discontinuation of the appointment.

College Hearing Board members who are placed on academic or College Probation, are unwilling or unable to maintain appropriate standards of conduct or competence, or who leave the College community, will also be recommended for removal from the College Hearing Board.

Composition of the College Hearing Board– The Coordinator of Student Conduct calls on three qualified College Hearing Board members to review a case of alleged student misconduct that is within the jurisdiction of the College Conduct System. It is the responsibility of the College Hearing Board to determine responsibility and issue sanctions. Each College Hearing Board will have at least one student member. The Coordinator of Student Conduct shall name a member of the College Hearing Board to serve as the chair. All College Hearing Board members participate as equals. It is the responsibility of the College Hearing Board to conduct a hearing that meets the standards of the College Conduct System and is respectful of the sensitivities, confidentiality, and integrity of each participant. In cases where a College Hearing Board member feels she or he is unable to hear a particular case without prejudice, the member will voluntarily remove himself or herself from that hearing.

The Coordinator of Student Conduct may name a non-voting advisor to the College Hearing Board to observe all deliberations, advise on procedural matters, sanctions, and interpretations of the Code of Conduct and other College policies.

In keeping with the mission and values of Keene State College, all hearings shall be fair and reasonable and afford students the important rights identified below in addition to the right of privacyandtherighttoprotection from discrimination.

Right to adequate and timely notice of charges.
A student or student organization is entitled to prompt notification of the charges. This notification will take place via an e-mail being sent to the student's College-issued e-mail account. Other than at the beginning of, the end of, and during summer sessions, or as deemed necessary by the Coordinator of Student Conduct, students will be notified of this information at least two days before the hearing is to occur.

Right to be presumed not responsible.
A student or student organization facing charges is presumed not responsible until found responsible by a preponderance of evidence. Charges filed against a student or a student organization are based on the information contain in the complaint. The Hearing Officer or College Hearing Board is required to hear all the available information before rendering a decision.

Right to present and examine evidence or witnesses.
A student or student organization shall be given the opportunity to appear, provide information, and present evidence and witnesses at the hearing. A student or student organization has the right to hear all evidence presented against them, whether it comes in the form of a direct testimony or as written or recorded statements.

Right to remain silent.
A student or student organization against facing charges may choose not to testify in their own behalf. A decision will still be rendered based on the information that is presented at the hearing.

Right to an advisor.
A student or student organization facing charges has the right to have an advisor of his or her own choosing at his or her own expense. This may be any person, whether or not they are associated with the College.

Right to timely notice of findings.
A student or student organization has the right to receive prompt notification of the results. Within 20 business days, an outcome letter will be sent to the student’s College-is-sued e-mail account.

Right to appeal.
A student or student organization found responsible can choose to appeal the decision. While an appeal is pending, the sanctions issued shall not be imposed except in extraordinary circumstances. Please refer to the Appeals section of the Student Code of Conduct and College Conduct System for a complete explanation of the appeal process.