Section 1: Definitions

Advisor/Advocate- Any one person (unrelated to the case at issue), chosen by the Responding Party or Organization or Reporting Party to assist him or her throughout the conduct 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.

Code-Will refer specifically to this document.

College- Refers to Marist College.

College Hearing Panel - A hearing body comprised of students, faculty and staff established to hear and resolve 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.

Conduct Conference- A proceeding at which the Responding Party has the right to review all of the information currently available that resulted in the alleged violations indicated in the Notice of Allegation Letter and the options available for resolution. Note: Lower level incidents may be heard by a Resident Director.

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

Guests/Visitor- 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 formal procedure before a hearing officer or conduct body after an incident is referred or the responding party does not agree with the resolution.

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 will be determined by the Vice President for Student Affairs or designee.

Preponderance of the Evidence-Information, considered as a whole, which indicates that it is more likely than not that a policy violation occurred.

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

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 or student conduct records to persons indicated on the form.

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

Responding Party/Organization- Is defined as a student/organization that has allegedly violated the Code of Student Conduct.

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 Officer/Hearing Body- Means a College official or panel designated to conduct conferences or hearings with a Responding Party alleged to have violated the Code of Conduct and determine a resolution.

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.