Authority, Jurisdiction, and Standard of Proof

Authority

The Code applies to individual students as well as formal and informal student groups while on campus, as well as those involved in College-related activities or who are functioning as official representatives of the institution while both on and off campus.

The conduct authority for students and student organizations at the College rests with the Dean of Students. The Dean of Students is responsible for the overall administration and oversight of the College’s student conduct process and the Code and has the authority to delegate the responsibility for the administration of the student conduct process and the Code.

When necessary, a College Official designated by the Dean of Students may alter the Disciplinary Procedures to protect the College community, property, or resources.

At any time, the College may dismiss students whose conduct is, in its judgment, detrimental to themselves or to the welfare of others. Violators of the College’s rules and regulations are subject to disciplinary action.

Jurisdiction

Jurisdiction on College Premises, at College-Related Activities and Systems, or Off-Campus

The Code applies to all student or student organization behavior that occurs on College Premises or with College-related activities and systems. The Code may also apply to student and student organization behavior that occurs off-campus when, in the Dean of Students’ discretion, the behavior is of College interest. College interest includes the following:

any situation where it appears that the behavior may endanger the College community;
any situation that significantly infringes upon the rights, property, or educational pursuits of others; significantly disturbs the public peace; or incites or contributes to panic or distress; or
any situation that affects or is detrimental to the College community or the pursuit of College objectives.

If a student withdraws or leaves the College prior to the resolution of a pending case, a hold will be placed on the student’s record, and they will be prohibited from future enrollment until such time as the case is resolved.

Student Organizations

A student organization may be held accountable for a violation(s) of the Code regardless of whether a member of the Organization is individually held accountable for a violation(s) arising from the same incident(s).
A student organization and its student officers, leaders, or any identifiable spokespersons may be held collectively or individually responsible when prohibited conduct by those associated with the organization have received the implied or direct consent or encouragement of the organization or of the organization's leaders, officers, or spokespersons.
The student officers, leaders, or any identifiable spokespersons for a student organization may be directed by appropriate College Officials or other designated law enforcement officials to take appropriate action designed to prevent or end prohibited conduct by the organization.
A student organization may be held accountable if any of the following situations regarding an alleged violation(s) of the Code apply: (a) it was committed by one or more members of the organization; (b) it occurred in the context of an organization-sponsored function; or (c) it occurred in the context of an organization-sponsored activity that was advertised via organization-controlled mediums (e.g., social media).
The president of a student organization shall represent the organization unless the organization’s sponsor petitions the Dean of Students in writing to substitute another student to represent the organization.
A student organization that is a member, chapter, affiliate, or associate of a local, state, national, or international organization (collectively referred to as “parent organization”) must disclose to the Dean of Students or designee any investigation or disciplinary action (e.g., alleged behavior, disciplinary procedures, findings, sanction(s)) initiated by the parent organization. The disclosure must be made within one (1) business day of the organization being notified. Determinations on the most appropriate follow-up, including, but not limited to, initiation of the Disciplinary Procedures, shall be made at the discretion of the Dean of Students.

Relationship to the Legal and Criminal Justice System

The Disciplinary Procedures in the Code are educational, administrative procedures and differ from the criminal justice system in scope, purpose, procedure, and outcome. It is not a legal proceeding, nor is it intended to resemble one. An alleged violation(s) of the Code that is also a violation(s) of federal, state, or local law can be prosecuted separately through the legal system and, if the student is found guilty, can result in civil or criminal penalties such as probation, fines, jail, or prison. The College does not need to wait for resolution of pending criminal charges before proceeding with the Disciplinary Procedures. These Disciplinary Procedures may be carried out prior to, simultaneously with, or following civil or criminal proceedings. The College may use information from third party sources, such as law enforcement agencies, the courts, and other witnesses to help determine whether a violation(s) of the Code has occurred.

A student must disclose to the Dean of Students or designee any arrest or conviction for a criminal offense (excluding minor traffic violations that do not result in an arrest or injury to others) that occurs after the student has enrolled at the College, regardless of whether the arrest or conviction occurred within the State of Alabama or whether the College is in session at the time. The disclosure must be made within five (5) Business Days of the arrest or conviction, whichever occurs first. If the arrest or conviction involves a juvenile proceeding, the student has been granted youthful offender status with regard to the case, or the conviction has been sealed, expunged, or overturned, the student is not required to disclose the arrest or conviction. Determinations on the most appropriate follow-up, including, but not limited to, an educational conversation, initiation of the Disciplinary Procedures, or notification to appropriate College Officials, shall be made at the discretion of the Dean of Students or designee.

Additional Policies and Code

Students may be subject to additional College policies and procedures; rules; regulations; guidelines; or professional and ethical code that supplement the Code.

Standard of Proof

For the Responding Party to be found responsible for a violation(s) of the Code, the totality of the information must establish that the Responding Party is responsible for the violation(s) by a clear and convincing standard, meaning that the evidence, when weighed against evidence in opposition, will produce in the mind of the Disciplinary Committee a firm conviction as to the claim and a high probability as to the correctness of the conclusion. Proof by clear and convincing evidence requires a level of proof greater than a preponderance of the evidence, or the substantial weight of the evidence, but less than beyond a reasonable doubt. This determination must be based solely on the information presented during the Disciplinary Procedures. Formal rules of evidence are not applicable, nor does deviation from the Disciplinary Procedures necessarily invalidate a determination or proceeding, unless the deviation significantly impacts the resolution.