SECTION I

Definitions

Advisor- Any one person (unrelated to the case at issue), including an attorney, chosen by the Charged Student or Organization or impacted student to assist him or her throughout the disciplinary process.

Areas, Facilities, Rooms and Halls- Refer to the residence in which a student lives. Business Day-is defined as Monday through Friday between the hours of 8:30 am and 5:00 pm excluding college-wide closings and holidays.

Charged Student(s)/Organization- Is defined as a student/organization that has allegedly violated the Code of Student Conduct.

Code-Will refer specifically to this document.

College- Means Marist College.

College Hearing Panel/Administrative Hearing Panel- A hearing body comprised of students, faculty and staff established to hear a case.

College Official- Includes any person employed by the College performing assigned administrative or professional responsibilities, which includes staff, paraprofessionals and security officers.

College Premises- Includes all land, buildings, facilities and other property in the possession of, or owned, used or controlled by the College including, adjacent streets and sidewalks. The term "College Premises" also applies to study abroad sites and international programs.

Complainant- Is defined as any member of the community who alleges in writing that a student has violated the Code of Student Conduct, regulation, or policy.

Disciplinary Conference-A proceeding at which the Charged Student acknowledges violations and agrees to the resolution.

Faculty Member- Any person hired by the College to conduct classroom activities.

Guests- Any individual (student or non-student) that is not assigned to live in the particular room/apartment where there is an alleged violation. All guests of first year students must be issued guest passes, which they are required to carry at all times.

Hearing-A procedure before a hearing officer or conduct body.

Impacted Student- The student who is a victim of the alleged violation of the Student Code of Conduct.

Keys- Is defined as keys, identification cards, or any other technology or equipment used to gain entry or limit access.

Member of the College Community-Includes any person who is a student, faculty member, College official or any other person employed by the College. A person’s status in a particular situation shall be determined by the Vice President for Student Affairs or designee.

Preponderance Of The Evidence-Information, considered as a whole, that indicates the facts sought to be proved more likely than not.

Policy-Is defined as the written regulations of the College as found in, but not limited to, the Student Handbook and the Undergraduate and Graduate Catalogs.

Release of Education Records to a Third Party- A form that a student may sign to give permission to the Office of Student Conduct or designee to discuss or release the student’s behavioral, student conduct or judicial process records to persons indicated on the form.

Resident Director Disciplinary Meeting- A proceeding at which the Charged Student has the right to review all of the information currently available that resulted in the alleged violations indicated in the Charge Letter and the options available to resolve the case.

Student-Includes all persons taking courses at the College or online, both full time and part time, pursuing undergraduate and graduate studies. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the College are considered students.

Student Conduct Advisor-Means any individual assigned to advise a Student Conduct Body.

Student Conduct Body- Means any person or persons authorized by the Vice President for Student Affairs or designee to determine whether a student has violated the Code of Student Conduct and to recommend imposition of sanctions.

Student Conduct Officer- Means a College official authorized on a case-by-case basis by the Vice President for Student Affairs, or designee, to impose sanctions upon students found to have violated the Code of Student Conduct. The Vice President for Student Affairs or designee may authorize a Student Conduct Officer to serve simultaneously as a Student Conduct Officer and the sole member or one of the members of a Student Conduct Body- Nothing shall prevent the Vice President for Student Affairs or designee from authorizing the same Student Conduct Officer to impose sanctions in all cases.

Student Organization- Includes all organizations, both graduate and undergraduate who have complied with or are in process of complying with the requirements for chartering and are officially recognized by the College and/or funded through Student Government Association.

Vice President for Student Affairs- Is that person designated by the President of the College to be responsible for the administration of the Code of Student Conduct.

Witness(es)-Include but are not limited to any person who can provide a firsthand account of details regarding the incident.

**Shall-is used in the imperative sense.

**May- is used in the permissive sense.

 

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