Code of Conduct

Updated July 6, 2017

The originating document was established in June 1979 by the president of Berry College to exercise functions assigned to him into a student conduct process. The Code will be reviewed periodically by the vice president for student affairs and dean of students, in consultation with the Student Conduct Board and the Student Government Association, for changes to improve its role in setting appropriate expectations and insuring fair and appropriate adjudication processes. Recommendations for change are made to the president of the college who has final authority. The Berry College Code of Student Conduct was revised in August of 2005.

The code of student conduct and the campus conduct system exist to educate students about their personal and community responsibilities at Berry College. The purposes of the campus conduct system are:

1. To uphold Berry standards of conduct.
2. To hold students accountable for violations of community standards.
3. To provide students an opportunity to learn from mistakes by taking responsibility for their behavior.
4. To protect the community when a student’s behavior calls for action by the community.

The campus conduct system includes all members of the Berry community with students, faculty and staff participating on hearing and appeal boards and on committees that create and revise the code of conduct.

Community members show a lack of respect for themselves and others by engaging in the following behavior:

1. Inappropriate physical or verbal contact: assault; verbal abuse; intimidation; harassment; sexting; cyberbullying, understood as the deliberate use of communication methods (i.e., blogs, emails, social networking sites, texting) to communicate harassing language.
2. Endangerment: tampering with safety alarms or equipment; making false alarms or inducing panic; possession or use of explosives or fireworks; possession or use of a weapon, including but not limited to knives with more than a 3” blade (except non-spring pocket knives), no switchblade knives, or knives designed for the purpose of offense or defense, and devices that fire projectiles (e.g., bb guns, pellet guns, paint guns, sling shots).
3. Use, possession, provision or sale of alcohol or being in the presence of someone using, possessing, providing or selling alcohol.
4. Use and possession of drugs, which are either illegal or not prescribed to the individual in possession, or possession of drug paraphernalia or being in the presence of someone using, possessing, providing or selling drugs.
5. Tobacco use and/or possession, including cigarettes, cigars, chewing tobacco, e-cigarettes, vapors.
6. Failure to comply with the request of any college official, staff member, authorized contract agent or student employee acting in performance of their duties, including refusal to identify oneself when requested to do so.
7. Disregard for the privacy of others.
8. Berry College expects its students to live up to community standards of decency in all areas of life, including sexual behavior. Because Berry students living on campus share intimately close and public quarters with one another, on-campus sexual behavior by students that draws attention to itself, disrupts the routines of others or disregards the normal expectation of other people’s privacy from such behavior is a violation of this standard.

Community members jeopardize personal and academic integrity by engaging in the following behavior:

1. Disruption of academic activities, including teaching and learning, research, programs or classrooms.
2. Interference with the free speech and participation of community members.
3. Dishonesty, including provision of false information or testimony to a college official or conduct board, alteration or misuse of documents or electronic technology as defined in the Berry College Policy on the Acceptable Use of Information Technology Resources and Data, impersonation, misrepresentation.
4. Academic dishonesty: misrepresentation or falsification of data; complicity with others engaged in academic dishonesty.
5. Inappropriate use of technology.

Community members demonstrate a lack of respect for the property of others and for the environment by engaging in the following behavior:

1. Theft, destruction or defacement, unauthorized use or possession of college or personal property.
2. Unauthorized entrance into college facilities or private residences.
3. Littering.
4. Disruptive or inconsiderate behavior.
5. Disruptive or damaging behavior towards animals.
6. Violation of contractual or policy statements, such as residence hall or other facility policies, library policies.

Community members show a lack of responsible citizenship by engaging in the following behavior:

1. Failure to comply with, and to ensure that your guests, including Berry students or guests from the community, are in compliance with regulations governing campus facilities, programs, activities and services, as well as federal, state and local laws.
2. Deliberate incitement of others to engage in prohibited acts or involvement as an accessory.
3. Failure to separate from a group in which others are engaged in prohibited acts.
4. Gambling, personally or at organized student events.
5. Violation of local, state or federal laws.
6. Other behavior that is detrimental to the health, well-being and purposes of Berry College and the community.
7. Failure to notify relevant campus authority when there is a reasonable expectation that the health or well-being of a student is endangered.

A complaint may be received from a variety of sources including but not limited to student/faculty or staff members who witness inappropriate behavior, a resident assistant incident report, a police incident report (either on or off campus). The Associate Dean of Students serves as the college’s Senior Conduct Officer and is responsible for investigating all complaints. Residence hall violations may be referred to the Residence Life community coordinators for investigation.

When a respondent student agrees to the basic facts of a matter, he or she may choose to forego a hearing and accept a decision by the administrative hearing officer.

A respondent student may also choose to resolve behavioral complaints through the conduct board or administrative hearings. While students may choose how most behavioral matters are resolved, the Vice President for Student Affairs and Dean of Students or designee may refer a case to the conduct board when:

• The seriousness of the behavior warrants a formal conduct process (e.g. sexual assault; drug possession, sale or abuse; violations of state, local or federal law);
• The significant facts of the matter are in dispute;
• It is believed that the matter is best resolved through broader community involvement; or there is a conflict of interest.

Beginning the last week of classes and between semesters (including summer), a student will be automatically referred to an administrative hearing process.

Administrative hearing officers include the Vice President for Student Affairs and Dean of Students, the Associate Dean of Students and the Residence Life Area Coordinators. The Vice President for Student Affairs and Dean of Students may appoint additional hearing officers as needed.

Generally, complaints should be filed within two weeks of an incident. For reports received after two weeks, the Vice President for Student Affairs and Dean of Students will review the timeliness of the complaint and determine the appropriate response.

The following procedures are normally used for board and administrative hearings. The goal of a hearing is to determine whether a student is responsible for violating the code of expected conduct. Formal rules of evidence are not applicable, nor do small deviations from prescribed procedures necessarily invalidate a decision or hearing unless significant prejudice to the student or College resulted. A student’s failure to appear at a hearing does not preclude the hearing officer or hearing board from reaching a decision regarding responsibility and/or sanction.

There are two types of hearings: administrative and board hearings.

Administrative Hearings

Administrative hearings are generally reserved for minor infractions or when the student and investigator agree on administrative adjudication. Procedures include the respondent’s right to:

• written notification of charges
• an opportunity for the respondent student, hereafter referred to as respondent and the hearing officer to review documentation and discuss the alleged behavior
• a fair and impartial consideration of the charges by the hearing officer
• the right to present a defense including information about potential witnesses to be interviewed by the investigative or hearing officer
• the right to a written notification of finding
• the right to appeal the decision

Administrative hearings are informal in nature and involve the hearing officer and the respondent. Information from witnesses is received either in written form or interviews by the investigating officer. Administrative hearings are not taped.

Board Hearings

Board hearings are generally reserved for major infractions or cases where there is disagreement on the facts supporting the charge. Procedures for board hearings include the respondent’s right to:

• written notification of charges
• fair notice of the time and date of adjudication
• a fair and impartial hearing before a conduct board comprised of members of the community
• the right to present information including witnesses
• the right to question testimony
• the right to a written notification of finding
• the right to appeal the decision

Board hearings include the respondent, witnesses for the respondent, the respondent’s support person and the student conduct board. The Associate Dean of Students is also present as a hearing and deliberation resource for the board. He/she does not participate in the hearing. In Title IX cases, the college’s Title IX Coordinator will appoint a Title IX officer who was not one of the investigators in the case to serve in this capacity. Support persons may be Berry faculty, staff or students. In cases involving charges of sexual misconduct, the support person may be any person of the student’s choosing. Additional witnesses may appear as requested by the conduct board. The hearing is closed to all others. A respondent’s failure to appear for a hearing or failure to respond to either the charges or requests for meetings in the investigatory process will not prohibit an administrative hearing officer or the student conduct board from acting on a charge.

The respondent has the right to know the nature of the charge and enter one of two responses: “responsible” or “not responsible” for a violation of College policy. Charges shall be made in writing and shall provide at least 4 days’ notice of a hearing (under extenuating circumstances, a student may request an extension from the Associate Dean of Students).

A support person may attend a hearing with a witness. In a sexual assault or harassment case, the student or students who brought the initial complaint may also have a support person present. Support persons may not speak at either administrative or conduct board hearings.

Conduct board hearings are audio taped. The purposes of the tape are to assist the hearing panel in their deliberations (i.e. listening to portions of testimony for a second time if clarification is needed in the decision phase) and for review by the appellate board in the event of an appeal. Upon completion of the appeal or the date by which an appeal may be made, the tape will be destroyed. Only the hearing is recorded; deliberations of the hearing panel are not recorded.

Campus disciplinary proceedings are not a court of law, and licensed attorneys are not permitted to be present in any investigatory meetings, fact-finding or appeals hearings. Because of the nature of some incidents, students may choose to be assisted by legal counsel outside of the college’s conduct process. Any expense associated with retaining legal counsel for Berry College internal proceedings is solely the responsibility of the person engaging such counsel.

Conduct cases that fall under the Sexual Misconduct Policy are exceptions. The reporter or respondent in sexual misconduct cases may choose to have an attorney serve as their support person. The attorney serves in a support and advisory role to the student and may not participate verbally in the investigation or the hearing.

Hearing officers and boards may use the following sanctions or a combination of sanctions for violations of Community Standards:

Written warning — written notice that further policy violations may result in more severe conduct action.

Fine — a monetary sanction (students may choose to work off the amount of a fine by making arrangements to do so with the chief conduct officer.

Restitution — monetary compensation for damage to persons or property; generally restitution will comprise of 150% of the cost of the damage.

Educational task — activity, reflection paper, letter of apology, work that benefits the student and the community.

Alcohol or other drug assessment or referral to counseling or behavior modification program.

Residence Hall Transfer — a move from one residence hall to another.

Probation — a period of time during which another violation of policy will result in added restrictions or consideration for suspension or dismissal.

Housing Relocation — students may be reassigned from non-traditional housing to a traditional residence hall following the conclusion of a case and any appeals. This relocation may be temporary or for the remainder of the academic year.

Restrictions — additional sanctions imposed that are appropriate for the offense. The imposition of a restriction(s) carries a time frame for its duration and may take the form of revocation of campus privileges or co-curricular participation in the life of the community. Restrictions are at the discretion of the Associate Dean of Students upon recommendation of the hearing officer or the conduct board.

Suspension — exclusion from the college campus, classes and other privileges or activities for a finite period of time, typically a year.

Dismissal — permanent termination of your status as a student.

Parental Notification — the student must inform their parent(s) or guardian(s) of the conduct violation and any resulting sanctions. A parent or guardian must then contact the hearing administrator to confirm that they have been informed of the incident and understand the sanctions imposed. Completion of this sanction is contingent upon receipt of the parent/guardian acknowledgement.

The Vice President for Student Affairs may impose an interim suspension if there is reason to believe that a student presents a threat to persons (including self) or property. During this suspension, a student will be denied access to any or all campus facilities, activities or privileges granted to students, unless permission is received by the Office of Student Affairs.

Occasionally, a student may face criminal charges in addition to college charges resulting from their behavior. The Vice President for Student Affairs may choose to impose an interim suspension and hold the college’s conduct process until the criminal charges are resolved. The imposition of criminal charges does not automatically defer the college’s conduct process, which will proceed as it normally would unless the Vice President determines otherwise.

The following guide serves in deciding what type of action is appropriate, given the nature of the infraction. It should be emphasized that when sanctioning, decisions reflect the attitude and situation of the respondent student, as well as prior behavioral records. Therefore, while the following are recommended sanctions, final action may be more or less severe, as deemed appropriate by the administrative hearing officer or the Student Conduct Board.

Level I

• Minor alcohol policy violation
• Residence hall policies including those covered in the Expectations of Student Conduct and the residence hall policy section of the Viking Code
• Minor incidents that affect the health and safety of others
• Failure to identify or comply
• Possible sanctions: warning, fine, educational task, restitution, parental notification, a fine in the range of $40-$250

Level II

• Second “Level I” infraction
• Disorderly conduct
• Non-malicious damage
• Fire safety
• Major alcohol policy violation
• possible sanctions: warning, probation, restrictions, educational task, probation, restitution, parental notification, a fine in the range of $100-$300

Level III

• Minor theft
• Harassment
• Disorderly conduct
• Physical or emotional abuse
• Inappropriate physical contact, intimidation
• Sexual misconduct
• Use, possession of drugs
• Minor vandalism and criminal damage
• Menacing (physical, verbal or written threat)
• Fire safety (fireworks, unauthorized or inappropriate use of fire extinguisher, false fire alarm)
• Exhibiting a pattern of behavior that demonstrates a flagrant disregard for college policies, including multiple infractions
• Possible sanctions: probation, fine, educational task, restrictions, residence hall transfer, restitution, parental notification and a fine in the range of $160-$400

Level IV

• Major theft
• Harassment
• Disorderly conduct
• Physical or emotional abuse
• Major vandalism and criminal damage
• Possession of a weapon
• Sexual misconduct
• Fire safety (false fire alarm, tampering with firefighting or safety equipment)
• Exhibiting a pattern of behavior that demonstrates a flagrant disregard for college policies, including multiple infractions
• Possible sanctions: suspension, educational task, restitution, parental notification and a fine in the range of $200-$600

Level V

• Any offense or series of infractions that indicate that the student is a threat to the College community and/or him/herself
• Possession of a weapon
• Sale or distribution of illegal drugs
• Sexual misconduct
• Exhibiting a pattern of behavior that demonstrates a flagrant disregard for college policies, including multiple infractions
• Possible sanctions: disciplinary dismissal, suspension, parental notification

The Student Conduct Board shall consist of a faculty or staff chair and 13 voting members. Four faculty and/or staff members are appointed by the president of the college and nine full-time students are appointed by the Vice President for Student Affairs upon recommendation of the President of the Student Government Association. The selection of members will provide a gender balance and equal class representation from the sophomore, junior and senior classes whenever possible. Faculty and staff serve at the discretion of the president. Students are selected for the Board for the entirety of their student experience, unless the student chooses to resign or is recommended for removal. Students are eligible to serve if they are full-time students with a minimum of a 2.5 grade point average and may not be one of the five selected officers of the SGA or a resident assistant. A student’s disciplinary history will be taken into account in the selection process and a disciplinary record once on the board may be grounds for removal from the board. The Associate Dean of Students may remove a student upon recommendation of the board.

The President will appoint a chair from the faculty and staff members of the board. The Chair does not vote except in the event of a tie. A Secretary shall be elected from the student members of the board. The Associate Dean of Students is responsible for overseeing the work of the Board.

Quorum consists of five members of the conduct board, of which three must be students, and the chair or chair pro tem. The respondent has the right to object to a maximum of two student and one faculty or staff member of the conduct board. All objections must be put in writing to the chair of the board at least 24-hours prior to the hearing. The Board chair will determine the members of the hearing panel.

The Board makes decisions based on the evidence introduced at the hearing and uses the standard of preponderance of evidence. The Board will make a determination of responsibility prior to a review of the records of the respondent. The review of records is used to determine appropriate sanctions. Deliberations of the Board are private and will not be taped.

An appeal must be made in writing within five business days following written notification of the action taken. When an appeal is submitted, any action taken by the student conduct board or hearing officer is deferred until the appeal is resolved. At least one of the following three conditions must exist for an appeal to be considered:

1. New and significant information can be introduced that was unavailable at the time of the hearing and could have affected the outcome of the case.
2. There is reason to believe the sanction is not consistent with the seriousness of the behavior.
3. The respondent’s right to a fair hearing was violated. Procedural or process errors must be significant enough to have affected the outcome of the case in order for the fair hearing standard to have been violated.

It is the student’s responsibility to communicate specifically how a case may have been resolved differently in light of the new information provided in the appeal.

The right to appeal does not entitle a student or student organization to a full rehearing of the entire case. The appellate board reviews the appeal only if sufficient and appropriate grounds for appeal exist.

The Student Appeals Board is comprised of three administrators, three faculty members and three students appointed by the President upon recommendation of the Provost and the Vice President for Student Affairs. Students selected for the appeals panel must meet the same eligibility requirements as those selected for the Conduct Board. A panel of three members, including one administrator, one faculty member and one student, will be convened to hear individual appeals. The panel will be chaired by one of the faculty or administrator and a majority vote of the panel is necessary to change a decision by a hearing officer or conduct board.

The Student Appeals Board hears appeals of decisions of the Student Conduct Board or of Administrative Hearing Officers. If in the opinion of the appeals board an appeal lacks merit, the board may refuse to accept it. If the appeals board believes an appeal has merit, it shall review the record of the hearing and meet with the respondent and the hearing officer or the chair of the Student Conduct Board. The Board may also call other witnesses as necessary.

After hearing an appeal, the Student Appeals Board may decide to:

1. Accept the report and decisions of the Student Conduct Board or Administrative Hearing Officer;
2. Refer the case back to the original hearing officer or board to hear new evidence;
3. Reverse the decision of the Student Conduct Board or hearing officer and dismiss the case; or
4. Accept the decision of the Student Conduct Board or hearing officer but reduce the sanction. The Student Appeals Board may not increase a sanction.

Conduct records are maintained in a student’s personal file in the Office of Student Affairs. Conduct action is not recorded on an academic transcript unless a student is disciplinary suspended. Hearing audio recordings are destroyed upon completion of the appeal process. Outcomes regarding substantiated charges and sanctions are kept in the student’s electronic record.

Parents or guardians and College officials may receive notice of disciplinary action depending on the level of severity of behavior or by sanction. College officials may also receive notice of disciplinary action when it is deemed to be in the best interest of the student and the College to do so. No others shall have access to, nor will the College disclose, any information from a student’s educational record without written consent except as required or allowed under federal or state laws.