Community Code

Student Disciplinary System

Carthage College recognizes that holding students accountable for their behavior, according to the community standards as outlined in this Code, is integral to the educational process. The College reserves the right to discipline those who violate established rules, practices, and procedures, or those whose conduct is contrary to the best interest of other students or the College. Students are expected to abide by state laws, city ordinances and college regulations both on and off campus. Civil authorities may be called to the campus if College officials deem such action necessary. Any behavior that violates the community code; whether on campus, adjacent to campus or off-campus, is subject to Carthage judicial charges.

Any group or organization may be held accountable for the actions of any of its members in violation of this code.In cases where a group or organization faces judicial action, each person participating in a violation may also be charged as individuals.

All violations of Carthage policies, state law or federal law are subject to sanction under the community code.

These are guidelines and the College reserves the right to intervene at anytime to protect the good of the community.

The Disciplinary Point System

An outline of the disciplinary point system follows:

The Dean of Students Office and the Student/Faculty Judicial Board retain the authority, within established due process procedures, to immediately dismiss or suspend any student at any time.
Students and organizations are assessed points and sanctions for violations of Carthage policies.
The point system is divided into three categories, based on the degree of severity of the infraction.
1. One point disciplinary violations remain on the student's record during the entire period the student is enrolled at Carthage. The disciplinary point is considered part of the student's accumulated point total for one year from the date of the incident.
2. Two point disciplinary violations remain on the student's record during the entire period the student is enrolled at Carthage. The disciplinary points are considered part of the student's accumulated points for two years from the date of the incident.
3. Greater disciplinary point accumulations (three or more), become a permanent part of the student's record and accumulated point total.
Six accumulated points in any two consecutive semesters constitute grounds for suspension or dismissal. J-Term points will be considered first semester points and included within the first semester point total; summer school points will be included within the second semester point total.
Accumulated points warranting suspension or dismissal proceedings shall be:
First-year students: 6 points
Second-year students: 9 points
Third-year students: 12 points
Fourth-year or more: 15 points
A student committing multiple disciplinary violations at the same time may be assessed multiple points. For example, a student who is found in violation of the policy governing foul and abusive language and vandalism during the same incident may be assessed disciplinary points for both violations.
Floors are to be treated as individuals within the system. Should a floor or group of students (not individual students) be found in violation of a Carthage policy, the floor or group of students will be considered for sanctions and disbandment.
At their discretion, the Dean of Students Office and/or the Student/Faculty Judicial Board will determine in which category offenses are placed.

Point System

New or not-covered violations will have a point value determined by the Dean of Students Office.

The three categories of violations, their point assessments, and examples of infractions representing each degree of violation, are listed below:

First Degree Violation - Minimum Three-Point Assessment

This category shall be for those offenses that cause direct or potential harm, threat, or inconvenience to individuals. These violations alone may, depending on the severity of the infraction, constitute grounds for immediate suspension or dismissal from the College. They include, but are not limited to:

Tampering with fire alarms, extinguishers and/or fire fighting equipment
Disorderly conduct involving destructive, abusive, or disruptive activities
Acts of violence or threats of violence against any member or guest of the College
Sexual, racial, religious, or disabled harassment, either physical, verbal, or written
Sexual assault, including date/acquaintance rape
Harassment
Weapons, Firearms, Fireworks
Windows and Screens
Theft or vandalism
Breaking and entering
Hazing
Selling, purchasing, using, or possessing drugs and/or other illegal substances
Possessing and/or using a dangerous weapon, firearms, explosives, or fireworks *Driving recklessly and endangering the public
Unauthorized possession of a "master" key
Disposing items out of a window
Physical violence
Foul and abusive language or gestures to faculty, staff, administrators, Resident Assistants, etc.
Non-compliance- Failure to comply with the directions of College officials or designated agents acting in the performance of their duties

Second Degree Violation - Minimum Two Point Assessment

These are violations that can be considered of serious, albeit limited, inconvenience to individuals. They include, but are not limited to:

Repetition of any third degree offense
Endangerment of public areas (i.e., broken bottle on sidewalk, etc.)
Failure to produce ID upon request of College officials or designated agents
Failure to evacuate when the fire alarm sounds
Theft or vandalism
Unauthorized possession of any campus key other than a "master" key
Animals in residence halls
Improper use of telephone or e-mail

Third Degree Violation - Minimum One Point Assessment

These are first time offenses that violate College policy but do not cause serious inconvenience or threat to individuals, including, but not limited to:

Noise violation
Visitation violation
First alcohol policy violation
Lounge furniture in room
Noxious odor
Smoking in a non-designated area

The influence of alcohol and other drugs does not constitute an excuse for any of these actions.

Disciplinary Process

The disciplinary system is designed to be fair to each person involved in a violation. The system is administered by the Dean of Students Office, and may involve the Student-Faculty Judicial Board. The Student-Faculty Judicial Board consists of faculty appointed by the Executive Committee of the Faculty and students selected by the Dean of Students Office. Three faculty and three students constitute the board for any one hearing. A representative from the Dean of Students Office shall conduct each hearing.

In addition to the rights indicated in the procedures described below, students have the following rights in all judicial cases:

The right to be considered exemplary until violations of policy have been established.
The right to receive the charge and findings of the judicial body orally and/or in writing.
The right to consult members of the College faculty, staff or student body for assistance during the judicial process. An ombudsperson is available for student consultation. The ombudsperson may discuss all aspects of the alleged violation and judicial procedures with the student, and may attend the hearing with the accused student. Only authorized Carthage staff or faculty, the accused student, the ombudsperson and approved witnesses will be allowed to attend hearings. The hearing officer, at his sole discretion, may grant permission for others to attend the hearing in a limited capacity.
The right to challenge the hearing officer's or any Judicial Board member's objectivity in the case. The Dean of Students or his/her designee shall rule on any such challenges.
The right not to be a witness against oneself.
The right to request postponements of disciplinary proceedings for just cause.
The right to close the proceedings to public attendance.

Disciplinary Procedures

The Dean of Students Office is responsible for the initial investigation of all cases that may be subject to disciplinary procedures. This normally includes collecting the incident report(s), informing the student of the charges and interviewing the accused student. If the student acknowledges responsibility for the violations, appropriate sanctions will then be assessed. If the investigation discloses no violation or, in the investigating officer's opinion, fails to obtain sufficient evidence, the student shall be so informed and there shall be no further proceeding.

If the student contests the charges, the Judicial Officer will determine responsibility for the charges. If the Judicial Officer is unable to make a determination regarding responsibility for the charges, then a formal hearing may be necessary. The case may be heard either by the appropriate member of the Dean of Students Office or by the Student-Faculty Judicial Board. For formal hearings, the following procedures shall be observed:

All those involved in the case shall be contacted at least 24 hours before the hearing and shall be required to either be present or submit written statements. If a student chooses not to be present at a scheduled hearing, action will be taken on the evidence presented despite the student's absence.
Representatives of the Dean of Students Office shall be given the opportunity to hear and question all students involved and present relevant evidence.
The charged student or students shall be given the opportunity to hear and question all relevant information to provide an explanation for the actions, and to furnish witnesses.
The hearing officer or Board shall decide whether or not the alleged violation or violations have merit and level sanctions, if any. The disciplinary system, in all cases, uses preponderance of the evidence as the burden of proof.
The Dean of Students reserves the authority to require any student to appear and be interviewed with respect to alleged offenses. The refusal by a student to appear for this interview is grounds for placing a hold on any subsequent enrollment, as well as grounds for initiating separate disciplinary procedures.
All witnesses must be disclosed to the hearing officer, or advisor to the judicial board, and the Dean of Students office representative at least 24 hours prior to the hearing. Any witnesses failing to cooperate with the Dean of Students office investigation may be prohibited from giving testimony at the hearing.
Hearings and appeals may be conducted over the phone, or in absentia, during times where the accused student, or a witness, will be unable to be on campus to attend a hearing.
Any audio or video record of the hearing remains the property of Carthage College

Appeals

A student may appeal the outcome of a hearing to the Dean of Students. The student must submit within 72 hours of the decision, a written statement to the Dean of Students requesting the appeal. The decision to hear an appeal usually is based on the defendant's presentation of new evidence, proof of bias, evidence of the inappropriateness of the decision and/or sanction, and/or other extenuating circumstances. The Dean of Students may hear the appeal or assign the case to other hearing officers at his or her discretion.

The time period for the investigation and appeals process may be shortened to allow less time for response in circumstances such as the end of an academic term, vacation period or potentially dangerous situation. The Dean of Students Office reserves the right to immediately suspend a student from the campus pending the conclusion of the judicial process.

New Evidence

The College reserves the right for the Dean of Students Office at any time to reverse its action when new evidence discloses that the case is more or less serious than initially determined. However, nothing contained herein shall deny to the student the rights guaranteed in this Handbook.

Sanctions

The sanctions imposed will be based upon the incident in question as well as the student's disciplinary history. In all cases where sanctions are imposed, the student will receive written notification and a copy will become part of the student's disciplinary file in the Dean of Students Office. In the event of a first or second-degree violation, the parents or guardians of the student may receive written notification of the decision. The following are the penalties most often assigned, listed in increasing order of severity. However, the hearing officer, Associate Dean of Students or the Student/Faculty Judicial Board may assign additional penalties, including written warning, monetary fines, restitution, counseling, community service, educational assignment, room or hall relocation, and/or revocation of residency status. Any student who is removed from a campus residence because of a judicial sanction remains financially responsible for the room portion of the residency fee.

Disciplinary Probation - The student is notified in writing that any further violation(s) of Carthage policies may result in immediate removal from the residence halls, suspension or dismissal. A student on disciplinary probation status may be excluded from participating in all co-curricular or non-credit activities, except as a spectator, and may not represent Carthage at any public appearance. Co-curricular and non-credit activities include, but are not limited to, all extra-curricular activities (i.e. inter-collegiate athletics, intramurals, Greek participation, clubs, etc.). A time limit will be stated but normally should not exceed one calendar year. This sanction may be an alternative to suspension and/or dismissal. A copy of the letter is placed in the student's confidential disciplinary file and will remain part of this file for up to five years after leaving Carthage College, and is sent to the parent/guardian. No notation is made on the permanent record in the Registrar's Office.

Suspension - The student may be suspended from attendance at classes and from the campus for a specified period of time, ordinarily not preventing the student from finishing the semester's work. The Dean of Students Office will notify faculty or staff members instructing or advising suspended students that action has been taken to suspend the student for a period of time because of irresponsible behavior. Faculty members have the option of providing students who have been suspended the opportunity to make up missed requirements. A copy of the letter given to the student is placed in the student's confidential disciplinary file, and is sent to the parent/guardian. No notation is made on the permanent record in the Registrar's Office.

Dismissal - The offender is dismissed from the college. The dismissal action may be permanent, may involve a specified time, or may remain indefinite, subject to reconsideration at a later date. A grade of W (withdrawal) will be recorded for each course on the official college record. Written notification is given to the student. A copy of the letter is placed in the student's confidential disciplinary file, and sent to the parent/guardian. A notification is made on the permanent record in the Registrar's Office. Unless otherwise stipulated, all dismissal sanctions include a ban from campus.