Category: Student Affairs Covered Individuals: All CEI Employees and Students Approved: 2022-01-10
"This student code of conduct was adapted from Pima Community College student code of conduct."
Purpose and Scope
All concerns or complaints related to Title IX should reference CEI Policies 601 and 602.
College of Eastern Idaho (“College” or “CEI”) is committed to promoting an academic environment that is welcoming, safe, and well-ordered and that encourages civil discourse, academic Integrity, and mutual respect while protecting students’ rights as members of the Falcon Community.
The College has developed this Student Code of Conduct (“Code of Conduct” or “Code”) to clearly articulate the College’s expectations for its students and to educate them about their rights and responsibilities as members of the Falcon Community.
In the event a student is determined to have violated this code, the primary goal of any responsive action taken by the College shall be educational and corrective, focused on redressing wrongs while promoting student growth and personal responsibility. Code of Conduct matters shall only be conducted as disciplinary proceedings when major misconduct is of concern.
This code applies to all students who have applied for admission to, or are currently enrolled in, classes at the College.
This Code of Conduct applies to all Student conduct that:
Occurs on college property;
Occurs during a college class (including credit and noncredit, clock-hour, work force development, adult basic education, and developmental education classes) or other college sponsored activity, regardless of modality or location (including online), or;
Regardless of the location;
Adversely affects or is substantially likely to adversely affect ordinary college operations or another member of the Falcon Community;
Violates College policy;
Violates local, state, or federal law.
This code does not apply to academic integrity violations (e.g., cheating, Plagiarism, etc.), which are addressed separately in the Academic Integrity Code.
This code does not apply to students who are also employees of the college when they are acting in their capacities as college employees.
The College shall address Code of Conduct matters separately and individually with each student alleged to have engaged or participated in a violation. No code matters shall be handled collectively or with multiple student respondents at the same time.
Students violate this code if they engage in prohibited acts or omissions knowingly, recklessly, or negligently.
Using the Code of Conduct
The College is optimistic that most matters involving student conduct can be resolved without the need for Code of Conduct complaints, official decisions, or responsive action by the College. Although they are not required to do so before submitting a complaint, all members of the Falcon Community, including other students, are encouraged to respectfully inform students that certain conduct in which they are or may be engaging is a violation of this code and politely ask them to cease that conduct.
Any college employee acting in the course of the cmployee’s duties may direct a student to cease conduct that violates this code, and students are expected to respect and comply with those directives, even if no complaint is made. If a complaint is made, a student’s failure or refusal to comply with a prior reasonable request from a member of the Falcon Community or directive from a college employee may be considered an aggravating factor in a subsequent code proceeding.
Additional Codes of Conduct for Specific College Programs
Specific College programs (e.g., Nursing, Energy Systems Technology) may adopt additional Student codes of conduct tailored to a particular program’s distinct needs (“Program Codes”), provided they are consistent with this Code, in writing, approved by the Vice President of Academic & Student Affairs or their designee, published where Students can easily find them, and subject to regular review and revision not less than every three (3) years.
Alleged Program Code violations that involve violence, assault, Stalking, True Threats, sexual misconduct, or Substantial Disruption to the Falcon Community or Ordinary College Operations; or in which drugs or alcohol are a factor, must always be referred to the Dean of Student Affairs for a determination by the Dean of Student Affairs (in consultation with the Appropriate Division Dean of the applicable College program), as to whether the alleged violation will be addressed through the Code of Conduct, the Program Code, or both.
907.2 Students’ Rights and Responsibilities
Rights Common to All Students
Students have the right to be informed of and have easy access to this Code of Conduct. All Students are expected to familiarize themselves with the Code. Ignorance of the Code is not a defense to any violation.
Although all members of the Falcon Community are ultimately responsible for their own actions, Students have the right to expect that the College will endeavor to provide a safe educational environment that promotes Academic Integrity, civility, and decorum.
Students have the right to expect that the College will endeavor to assist them in correcting behaviors that do not comply with the College’s expectations.
Students have the right to public notice of any proposed substantive changes to this Code of Conduct and to have a meaningful opportunity to comment on such proposed changes and to propose changes of their own.
Students may propose changes through Student senate and should work with that body to move the changes forward to the Dean of Student Affairs.
Students have academic freedom to express their concerns through proper channels.
Student Rights and Responsibilities during Code of Conduct Proceedings
All Students involved in Code of Conduct proceedings have the following rights and responsibilities:
To be treated with respect and dignity.
To have Code of Conduct proceedings administered by objective, neutral, and knowledgeable College Employees.
To a Code process that causes as little disruption as practicable.
To be informed specifically of one’s role in the Code process (i.e., as a Complainant, Respondent, or witness) and to be informed promptly if that role changes.
To have one’s privacy and confidentiality respected to the extent possible under applicable law and College policy.
To be free from Retaliation.
To receive information about services available through the College or in the community, such as counseling.
Additional Rights of Student Complainants
To an opportunity to request Interim Measures during the Code of Conduct process.
To withdraw a Complaint at any time, although the College may be required to continue an investigation or remedial actions under certain circumstances, such as when the safety of the Falcon Community may be threatened,
To receive any evidence shared with the Respondent.
To an equal opportunity to identify relevant witnesses and other evidence,
To be notified of relevant information provided by the Respondent and any identified witnesses and to have an opportunity to respond.
To an opportunity to:
Have a Support Person present;
The Support Person may not speak at any code proceedings.
Be notified of any defenses or Mitigating Factors asserted by a Respondent and to have an opportunity to respond to them and to offer any Aggravating Factors one believes the Code Decision-Maker should consider.
To have a Complaint resolved in a timely manner.
To a decision that is free from bias and prejudice and based on credible, relevant evidence.
To receive timely written notice of the outcome of the Code process.
To an opportunity to make any available appeals.
To make a separate Complaint to an appropriate agency outside the College, including law enforcement, at any time. Additional Rights and Responsibilities of Student Respondents
To defend oneself against any Complaint to which one is a Respondent.
To an equal opportunity to request Interim Measures during the Code process.
To decline to participate in or answer any question during the Code process, although the process will continue, and a decision will be made based on available information. Code Decision-Makers may infer from a Respondent’s non-participation or refusal to answer questions that the Respondent engaged in the misconduct alleged in the Complaint, even if the Respondent has affirmatively asserted one’s Fifth Amendment right against self-incrimination.
To be treated neutrally and to have judgment on the Complaint withheld until a final decision is made.
To receive any evidence shared with the Complainant, unless the Code Decision-Maker believes that the sharing of evidence would create a safety issue or violate state or federal regulations.
To an equal opportunity to identify relevant witnesses and other evidence.
If the Respondent is alleged to have engaged in Major Misconduct, to Confront, at the hearing, any witnesses who testify against the Respondent, including the Complainant. Written statements may, in the College’s full discretion, be submitted with private/identifiable information redacted to protect the witness’s identity. Generally, witnesses are not permitted to provide live testimony, although witness testimony may be allowed at the discretion of the Code Decision-Maker.
To be notified of relevant information provided by the Complainant and any witnesses and given an opportunity to respond.
To an opportunity to have a Support Person present, at one’s own expense, during Code Resolution Meetings and appeal hearings regarding alleged Major Misconduct. (The Support Person may not speak during proceedings.)
To be notified of any defenses or Aggravating Factors asserted by a Complainant and to have an opportunity to respond to them and to offer any Mitigating Factors one believes should be considered when determining the College’s Responsive Action.
To have a Complaint resolved in a timely manner.
To a decision that is free from prejudice and bias and based on credible, relevant evidence.
To receive timely written notice of the decision, including a summary of the facts on which the decision was based.
To an opportunity to make any available appeals.
907.3 Self-Harm and Suicidal Thoughts or Ideation
Harming oneself or thinking about or expressing an intention to harm oneself or to take one’s own life is not, by itself, a violation of this Code of Conduct.
Students will not, in any way, face possible Disciplinary proceedings for informing someone at the College that they (the Students) have harmed or are harming themselves, or are thinking about harming themselves or contemplating suicide.
The College will endeavor to connect Students with resources to assist them during such times of crisis. More information can be found on the College’s Counseling Centerweb page.
Although the health, well-being, and safety of its Students are the College’s top priorities, the College may still take appropriate action, including through a Code of Conduct proceeding, if a Student who is expressing, threatening, or engaging in self-harm or suicidal behavior presents a danger to other members of the Falcon Community or Substantially Disrupts the College’s educational environment or Ordinary College Operations. In such circumstances, the College shall address Students’ dangerous or disruptive conduct while also endeavoring to connect Students in crisis with appropriate healthcare and counseling resources.
907.4 Distinguishing Between “Lesser” and “Major” Misconduct
Students accused of the most serious Code violations are entitled to more formal Disciplinary proceedings than those accused of less serious violations, because the Responsive Action from the College and the possible consequences to Students for the most serious violations are significantly greater. Accordingly, the College distinguishes between Lesser Misconduct and Major Misconduct when conducting Code proceedings.
Code Decision-Makers have the discretion to decide whether to address alleged Code of Conduct violations as Lesser Misconduct or Major Misconduct. Such decisions shall be based on specific Aggravating Factors, Mitigating Factors, and other relevant circumstances, including, but not limited to, an accused Student’s history of prior Code violations, the severity or pervasiveness of the alleged violations and their impact on other members of the Falcon Community, whether the Student is accused of engaging in the alleged violations Knowingly, Recklessly, or Negligently, and whether the accused Student is alleged to have engaged in multiple Code violations.
Lesser Misconduct includes violations of the Code that are appropriately responded to with Educational Measures and do not warrant Disciplinary Responsive Action. Students alleged to have engaged in Lesser Misconduct may not be accompanied by a Support Person during Code proceedings, and neither decisions that Students engaged in Lesser Misconduct nor the Educational Measures issued to those Students can be appealed.
Major Misconduct includes the most serious violations of the Code that could result in Disciplinary Responsive Action up to and including Suspension or Expulsion from the College or the withholding of a degree or certificate. Specific college programs (e.g., Nursing, Energy Systems Technology, etc.) may have their own initial processes. These additional Student codes of conduct and processes are tailored to a particular program’s distinct needs (“Program Codes”), provided they are approved by the Vice President of Academic & Student Affairs or their designee, published where Students can easily find them, and subject to regular review and revision not less than every three (3) years. Please see individual program Student handbooks and/or policy and procedure manuals under code of conduct for initial variations to this process. Where conflicts may arise between Program Codes and this Code of Conduct, this Code of Conduct will control. Code proceedings for alleged Major Misconduct are generally more formal and have opportunities to appeal, in addition to the following:
Students alleged to have engaged in Major Misconduct may be accompanied by a Support Person. The Support Person may not speak during proceedings. Students may not be accompanied by a Support Person at any other time during the Code of Conduct process.
Allegations of assault, violence, Stalking, True Threats, or sexual misconduct, including Sexual Harassment, are always addressed as Major Misconduct. Whether to address any other “Specifically Prohibited Act of Misconduct” (see Section 907.5) as Lesser Misconduct or Major Misconduct is determined on a case-by-case basis by the Code Decision-Maker.
907.5 Specifically Prohibited Acts of Misconduct
Please also see CEI Policies 601 and 602 for concerns regarding sexual misconduct. The following acts and omissions constitute Student misconduct under this Code and are prohibited:
Violent, Threatening, or Dangerous Behavior
Physically assaulting or harming or making a True Threat to physically harm another member of the Falcon Community.
Engaging in any illegal sexual offense, including, but not limited to, sexual assault, public sexual indecency, Sexual Harassment, and indecent exposure.
Engaging in Stalking, Bullying, or Hazing.
Secretly or covertly viewing, photographing, or making a video recording of a member of the Falcon Community without that individual’s express consent in a location where the individual has a reasonable expectation of privacy or in a manner that violates a reasonable expectation of privacy.
Harming, harassing, or endangering an animal, including, but not limited to, a Service Animal, on College Property or at a College Sponsored Activity.
Bringing or luring a wild or diseased animal onto, or enticing one to remain on, College Property or the location of a College Sponsored Activity without express authorization from the Appropriate Division Dean.
A safe and secure environment is fundamental to fulfilling CEI's Mission (link here). CEI is committed to maintaining an environment free of violence. This obligation includes restricting recognized hazards from the campus community that contribute to violence or serious harm. Accordingly, the possession, wearing, carrying, transporting, or use of a weapon, except pursuant to an exemption expressly stated in adopted procedures, is strictly prohibited on College Property. This prohibition extends to any person with a government-issued permit or license, unless specifically covered by an exception to the prohibition per Idaho Statute.
Threatening to bring a weapon on to College Property or to a College Sponsored Activity.
Knowingly failing to report to Campus Security a True Threat to a member of the Falcon Community or other imminent threat to the health and safety of the Falcon Community, including, but not limited to, the imminent arrival, or presence on College Property or at a College Sponsored Activity, of any individual who the Student knows is, or has claimed to be, in possession of a firearm and who is not a Campus Security officer or other law-enforcement officer.
Violation of this policy may result in Disciplinary Sanctions and the following Responsive Action:
Exclusion or Expulsion, in the case of Students or,
Exclusion or dismissal from employment, in the case of faculty and staff; or,
Exclusion from campus, in the case of the public or,
Prosecution under appropriate local, state or federal laws
Engaging in discrimination against or harassment (including Sexual Harassment) of a member of the Falcon Community on the basis of age, disability, race, color, ethnicity, national origin, religion or irreligion, sex, gender (including gender expression and gender identity), sexual orientation, or veteran status. For more information please see CEI Policies 108, 601 and 602.
Causing a Substantial Disruption to a College Sponsored Activity, College Authorized Activity or to Ordinary College Operations, including, but not limited to, a class or lab exercise, academic, athletic, or Student Life cultural event, or the functioning of a College administrative office.
Repeatedly disrupting, impeding, or interrupting a College Sponsored Activity, College Authorized Activity, or Ordinary College Operations after being asked or directed by a College Employee to refrain from, cease, or reduce such activity, even if one such action would not normally, by itself, constitute a Substantial Disruption.
Significantly impairing or infringing upon the rights of other members of the Falcon Community to engage in lawful free expression.
Failing to reasonably supervise and/or provide for the care of a minor child in one’s custody or control when the minor child is on College Property or at a College Sponsored Activity. Please see Policy 313: Minors on Campus;
Engaging in Gross Insubordination toward an Instructor or another College Employee.
False Reporting or use of False Documents
Knowingly making, causing, or contributing to a false warning or false report of a dangerous condition, emergency, or crime,
Knowingly making, causing, or contributing to a false accusation or Frivolous or Malicious Complaint against a member of the Falcon Community about a violation of law or College policy, including this Code of Conduct,
Knowingly obtaining goods, services, or official action from the College by making false or misleading statements, presenting false identification, or presenting falsified, unauthorized, or misrepresented documentation.
Tobacco, Alcohol, and Illicit Drug Use
CEI is committed to providing a safe and healthy environment for its Employees, Students and visitors. In accordance with Idaho Code Title 39 Chapter 55, the Clean Indoor Air Act, and CEI Policy, the use of tobacco products is prohibited in CEI buildings or within twenty (20) feet of any entrance or exit to CEI buildings, at events on CEI premises, or in CEI-owned, rented or leased vehicles.
Tobacco products include any lighted smoking instrument such as cigarettes, cigars, pipes, as well as not lighted instruments such as electronic cigarettes, hookahs, vapes and all smokeless products intended for tobacco use or nicotine. For additional information please see CEI Policy 501: Tobacco Products On-Campus.
Alcohol consumption at College Authorized Activities, on or off College Property is permitted under the condition that the President or the President’s designee has expressly granted an exception permitting alcohol to be served.
Consuming or possessing alcohol when under age twenty-one (21).
If age 21 or older, engaging in disruptive or otherwise inappropriate behavior for the setting or circumstances while consuming or under the influence of alcohol;
Providing alcohol to any person under age 21;
Consuming, transferring, selling, possessing, or being impaired by illicit drugs or possessing drug paraphernalia;
Operating a motor vehicle on College Property or in connection with a College Sponsored Activity while impaired by alcohol or drugs.
Misuse of College IT Systems
Circumventing any College IT System security feature without authorization.
Accessing any College IT System, including Student education records or other data, without authorization.
Accessing or attempting to access another user’s College IT Systems account or using another person’s College IT Systems account name, username, or password without authorization.
Allowing another person to use one’s College IT Systems account name, username, or password without authorization from a College administrator.
Using College IT Systems to create, obtain, use, or transmit a computer virus, worm, spyware or other type of Malicious software.
Altering, disrupting, or reconfiguring a College IT System unless specifically authorized to do so by a College administrator, including the following:
Altering any College records, including Student education records,
Introducing any new hardware, software, network device, or telephone on a College IT System,
Removing or reconfiguring any College hardware, software, network device, or telephone on a College IT System,
Running an IT server, whether virtual or physical, on any College IT System.
Violating any software license agreement or intellectual property right while using College IT Systems.
Using College IT Systems to access, view, display, download, create, store, send, or forward any of the following:
Copyrighted material in violation of the copyright or applicable law,
Obscenity or Pornography,
Spam or Phishing communications,
Harassing or threatening messages.
Using College IT Systems to commit or in furtherance of the commission of a violation of any local, state, or federal law or College policy or procedure.
Misusing (including using or accessing without proper authorization), stealing, or improperly obtaining, retaining, or possessing any College Assets.
Damaging, defacing, or destroying College Property, College Assets, or the personal property or assets of others on College Property or during a College Sponsored Activity.
Entering or occupying College Property or a College-owned vehicle without proper authorization.
Obstructing a sidewalk or roadway on College Property or an entrance to or exit from a College building or facility without proper authorization.
Littering on College Property or at a College Sponsored Activity or leaving College Property or the location of a College Sponsored Activity unreasonably dirty after use.
Removing or defacing College-authorized posters, notices, or flyers that are posted properly on College Property.
Using, possessing, duplicating, modifying, or distributing College-issued keys, identification cards, pass cards, or pass-card information without proper authorization.
Violations of Federal, State, or Local Law
Being arrested for, charged with, or convicted of violating any local, state, or federal law while on College Property or during a College Sponsored Activity, or based on events which occurred on College Property or during a College Sponsored Activity.
Being arrested for, charged with, or convicted of a violation of any local, state, or federal law, regardless of location, that:
Involves violence or assault, Stalking, a True Threat, sexual misconduct, harassment, or significantly dangerous, threatening, or harmful activity,
Adversely affects or is substantially likely to adversely affect Ordinary College Operations or another member of the Falcon Community,
Damages or is substantially likely to damage the reputation of the College or the Falcon Community.
Gambling on College Property or during or on a College Sponsored Activity, excluding CEI approved raffles or other fundraising events.
Violations of CEI Policy, Procedure or Explicit Direction
Failing to comply with explicit directives or instructions from College Employees acting in the performance of their official duties.
Failing to meet with a College Employee when directed to do so and without making reasonable attempts to reschedule.
Failing to obtain proper College approval before engaging in any of the following:
Posting information of any kind on College Property or at a College Sponsored Activity. Academic posters or displays must be approved by the Appropriate Division Dean. All posters & other public displays must be approved by Student Affairs to obtain a time-line sticker,
Conducting a group event or activity inside a College building or on College Property.
Knowingly attempting to address Complaints about College policy or procedure issues, or to challenge decisions made, pursuant to College policy or procedure, to Employees who are not part of applicable decision-making or appeal processes. Students will be directed by College Employees to follow proper Chain of Command.
Knowingly repeating a Complaint based on the same facts after it has been decided and all applicable appeals have been exhausted or waived.
Bribing or offering a Bribe to a College Employee.
Disrupting CEI Investigations or Disciplinary Proceedings
Interfering with any College investigation or Disciplinary proceeding, including, but not limited to, by engaging in the following:
Refusing to cooperate with an investigation when required to do so,
Tampering with, withholding, or destroying evidence,
Providing false, misleading, or materially incomplete information to a College administrator, Investigator, or Code Decision-Maker.
Requesting or inducing another person to engage in conduct described in sections a, b, or c above.
Attempted Misconduct or Conspiracy to Commit Misconduct
Attempting to engage in conduct prohibited by this Code. A Student who engages in attempted misconduct can be Disciplined to the same extent as if the Student had completed the prohibited act.
A Student who participates in a Conspiracy with others to engage in conduct prohibited by this Code can be Disciplined to the same extent as if the Student engaged in the prohibited conduct alone, regardless of whether or not the Conspiracy was completed.
907.6 Reporting Code of Conduct Violations
If a suspected Code of Conduct violation involves an imminent health or safety threat, such as acts of violence or True Threats, call 9-1-1 immediately, then contact Campus Security, (208)604-4597.
Any member of the Falcon Community may submit a Complaint about a suspected Code of Conduct violation as follows:
If a suspected violation occurs during or as part of a class, the first step must be to inform the course Instructor in writing. Original written information may be followed up with an in person/verbal conversation. A subsequent written Complaint may still be required.
By submitting a Complaint to the Dean of Student Affairs and the Appropriate Division Dean by email, letter (mailed or hand delivered) or through Maxient. Deans may choose not to act on a report if it is found that the Complaint is without merit.
In addition, members of the Falcon Community may bring questions/ concerns to the Dean of Student Affairs as needed without a formal Complaint being issued (a subsequent written Complaint may still be required).
While a Complaint should be addressed as soon as possible, there is no time limit for making a Complaint about a suspected Code of Conduct violation. The Dean of Student Affairs, in conjunction with the Appropriate Division Dean may, at their discretion, decline to act on a Complaint if the elapsed time is a significant barrier to completing a full investigation and making an adequately informed decision.
Complaints should contain the following information (to the extent known):
The name and contact information of the person submitting the Complaint,
The names of the Student(s) and any other person(s) involved, including any victims or witnesses,
The date of the alleged misconduct,
The location where the alleged misconduct occurred,
A description of the alleged misconduct,
A list of any documents or other evidence relating to the alleged misconduct (e.g., photographs, screenshots, text messages, emails, police reports, etc.).
Complaints may be dismissed without further action if the Appropriate Division Deans, in their discretion, determine the Complaint is Frivolous or Malicious.
Complaints Involving Pending Code of Conduct Proceedings
Code of Conduct proceedings will not be stayed or otherwise interrupted if an individual involved in the Code process files a separate, contemporaneous Complaint of any kind against another individual involved in the same process (e.g., Respondent files a Complaint against the Complainant or the Appropriate Division Dean(s)).
If the Appropriate Division Dean(s) is/are the subject of an internal College Complaint brought by a Student while that Student’s Code of Conduct proceeding is pending, the Appropriate Division Dean(s) should recuse themselves and another Dean should be appointed to serve in their stead.
Confidential and Anonymous Complaints
Persons reporting alleged Code of Conduct violations may request that their Complaints remain confidential. The College will endeavor to honor such requests, although doing so may seriously limit the College’s ability to investigate and respond to a Complaint, and the College’s obligation to protect the Falcon Community may override a Complainant’s request for confidentiality.
An issue involving a True Threat nullifies the Complainant’s right to confidentiality.
Anonymous Complaints are not accepted through the Code process. Persons wishing to remain anonymous may contact the Student Affairs email at Student.email@example.com or call Campus Security, 208-604-4597.
907.7 Conducting Code of Conduct Proceedings
Selecting the Code Decision-Maker
Instructors as Complainants/Code Decision-Makers:
Instructors have the primary authority and responsibility to maintain an orderly educational environment in their classrooms (including online) and to respond to Lesser Misconduct that occurs during their classes.
Instructors may be both Complainants and code decision-makers in Lesser Misconduct matters involving Instructors’ Students.
Instructors do not have authority to decide Code matters involving Major Misconduct.
Temporary removal of disruptive Students by Instructors:
If a Student is causing a Substantial Disruption during a class or class-related College Sponsored Activity and will not comply with an Instructor’s direction to cease the disruptive behavior, Instructors may, at their discretion, temporarily remove the Student by verbally directing the Student to leave for the remainder of that day’s class or activity.
At the end of the day’s class or activity, Instructors shall notify their Department Chair or another immediate supervisor (either in writing or verbally and later confirmed in writing) of the Student’s removal and the reasons for it.
The temporary removal of a disruptive Student is not a Suspension.
Instructors are required to make a Student Conduct Report through the Maxient web-portal when a Student is removed from class. See Program Codes for additional requirements.
Instructors may not remove disruptive Students for more than one day at a time based on a single disruptive incident.
If an Instructor believes a Student should not return to the next class or to the next day’s activity and/or has engaged in Major Misconduct, the Instructor must submit a Complaint as outlined in Section IV
If an Instructor believes a Student has engaged in Major Misconduct, the Instructor should submit a Complaint to the Appropriate Division Dean.
If the Dean determines that the violation alleged in the Complaint should not be addressed as Major Misconduct, the Dean may return it to the Instructor to be addressed as Lesser Misconduct.
The Role of Dean of Student Affairs and Appropriate Division Dean As Code Decision-Makers
The Dean of Student Affairs or the Appropriate Division Dean or their designee shall serve as a Code Decision-Maker for Complaints alleging Major Misconduct. For specific programs (e .g., Nursing, Energy Systems Technology, etc.) an automatic designee will be assigned to the Department Chair, Division manager, or Director that oversees that specific program. They are then appointed to be the code decision maker for that program. This process of appointing a code decision maker is tailored to a particular program’s distinct needs (“Program Codes”) and listed in their specific program’s Student handbook and/or policy and procedure manual, provided they are approved by the Vice President of Academic & Student Affairs or their designee, published where Students can easily find them, and subject to regular review and revision not less than every three (3) years. Please see individual program Student handbooks and/or policy and procedure manuals under code of conduct for initial variations to this process. Where conflicts may arise between Program Codes and this Code of Conduct, this Code of Conduct will control.
In the event a Complaint presents a significant conflict of interest for the College, the Complaint will be deferred to General Counsel.
Discretion of Code Decision-Makers in Initiating, Continuing, and Terminating Code Proceedings
The Code Decision-Makers have the discretion to determine if a Complaint sufficiently alleges a violation of the Code. If they determine that a Complaint does not sufficiently allege a violation, they shall individually or in conjunction notify the Complainant in writing of that decision and the reason for it.
If a Complaint adequately alleges a violation, but the Code Decision-Maker subsequently become aware of evidence indicating further proceedings are not warranted, the Code Decision-Maker may terminate the proceeding at any time by providing written notice of that termination and the reason for it to the Complainant.
If Respondents have already received notice of the Complaint, they should also be notified in writing of the decision to terminate it.
Specific timelines and deadlines stated in this Code may be extended at the discretion of the Code Decision-Maker. (See appropriate Program Codes for specific timelines and deadlines.)
Notice of Complaints and Deliver of Complaint-Related Information
If the Code Decision-Maker determines that a Complaint adequately alleges a Code violation, the Code Decision-Maker shall provide written notice of the Complaint to the Student who is the Respondent to the Complaint within five (5) Business Days. The notice shall include the following:
An explicit statement that the Student is a Respondent to a Code of Conduct Complaint,
A summary of the allegations against the Student, including any known evidence in support of those allegations,
The specific Code section(s) the Student is alleged to have violated; whether the Student is accused of Lesser Misconduct or Major Misconduct and the Code Decision-Maker's basis for making that decision, and if a Disciplinary Sanction (e.g., Suspension) could be imposed. If the Student is accused of Major Misconduct, notice will be provided regarding the date and time of the Code Resolution Meeting and the conditions under which that meeting could be rescheduled.
Unless approved in writing by the Code of Decision-Maker, all Code of Conduct notices and Complaint-related information will be sent to Students’ “cei.edu” email accounts.
Notice will be considered effective and all information will be considered received on the date email is sent to Students’ “cei.edu” email accounts. If the Code Decision-Maker approves another means of delivery, notice will be considered effective and documents received on the date of hand-delivery or three (3) Business Days after the notice or document is deposited with the U.S. Postal Service or other carrier.
Code Resolution Meetings
Lesser Misconduct Resolution Meetings
After the Student Respondent has received notice of the Complaint, the Code of Decision-Maker shall conduct a Code Resolution Meeting with the Respondent in a private setting and discuss the Lesser Misconduct the Respondent is alleged to have engaged in and the specific evidence supporting those allegations. If a resolution cannot be found the Complainant will go to the Code Decision-Maker for a decision.
Complainants are generally not required or permitted to attend Code Resolution Meetings involving alleged Lesser Misconduct (unless the Complainant is the Code Decision-Maker, as in the case of an Instructor), but they shall have an opportunity to provide Code Decision-Makers with any evidence they believe is relevant, including Aggravating Factors.
Respondents may not be accompanied by a Support Person.
Respondents shall have a full and fair opportunity to review and respond to the allegations in the Complaint and the supporting evidence, including any statements from the Complainant and any witnesses. Respondents shall also have an opportunity to present their side of the story and to offer any additional evidence they believe is relevant, including any Mitigating Factors.
Generally, witnesses are not required or permitted to provide live testimony, although witness testimony may be allowed at the discretion of the Code Decision-Maker.
Before the decision is made, the Code Decision-Maker comes to believe that the Respondent’s misconduct is more serious than previously known and may warrant a Disciplinary Sanction, the Code Decision-Maker shall inform the Student of that fact and suspend the Code Resolution Meeting. If the Code Decision-Maker is an Instructor, the Complaint shall be referred to the Appropriate Division Dean for further proceedings, a revised notice shall be issued to the Student, and the Code Resolution Meeting shall be rescheduled and conducted according to the procedures required for Major Misconduct. Specific college programs (e.g., Nursing, Energy Systems Technology) may have their own initial process that allows a Department Chair, Division Manager, or Director to be the code decision maker. There may also be some additional codes in the code of conduct for those individual programs. These additional Student code of conduct requirements and processes are tailored to a particular program’s distinct needs (“Program Codes”), provided they are approved by the Vice President of Academic & Student Affairs or their designee, published where Students can easily find them, and subject to regular review and revision not less than every three (3) years. Please see individual program Student handbooks and/or policy and procedure manuals under code of conduct for initial variations to this process. Where conflicts may arise between Program Codes and this Code of Conduct, this Code of Conduct will control.
Major Misconduct Resolution Meetings
After the Student Respondent has received notice of the Complaint, the Appropriate Division Deans shall conduct a Code Resolution Meeting with the Respondent in a private setting and discuss the Major Misconduct the Respondent is alleged to have engaged in and the specific evidence supporting the allegation(s). Respondents shall have a full and fair opportunity to review and respond to the allegations in the Complaint and to offer any additional evidence they believe is relevant, including any Mitigating Factors. The Complainant shall submit materials supporting the Complaint at least three days prior to the Code Resolution Meeting. The Respondent shall submit materials refuting the Complaint at least three days prior to the Code Resolution Meeting.
Complainants are required to attend Code Resolution Meetings for alleged Major Misconduct if they will be providing testimony against Respondents, unless Respondents waive their right to Confront the Complainant who testify against them. Complainants may also be required to attend Code Resolution Meetings if the Appropriate Division Dean determines their presence is necessary to make a fully informed and fair decision. Otherwise, Complainants may request, but are not required, to attend Code Resolution Meetings. Generally, witnesses are not permitted to provide live testimony, although witness testimony may be allowed at the discretion of the Code Decision-Maker.
For Complaints involving allegations of assault, violence, Stalking, True Threats, or sexual misconduct, including Sexual Harassment, Complainants may request to attend Code Resolution Meetings remotely via videoconference or similar means, including one-way video in which Respondents can see Complainants, but not vice versa. Whether to permit remote attendance shall be at the discretion of the Code Decision-Maker. Complainants’ remote attendance shall not interfere with Respondents’ right to Confront witnesses who testify against them.
Both Respondents and Complainants (if attending) may be accompanied by one (1) Support Person of their choice during Code Resolution Meetings involving Complaints of Major Misconduct. A Support Person may be present as support for Respondents and Student Complainants but may not speak during these meetings. A RespondentSupport Person may only confer with the Respondent but notask questions or confer with the Complainant. A Complainant Support Person may only confer with the Complainant but not ask questions or confer with the Respondent, providing their conversation is not disruptive to the meeting. The Code Decision Maker may ask the Support Person and Respondent or Complainant to cease disruptive speech or behavior, and may take any action deemed necessary to address this issue.
At Code Resolution Meetings involving Complaints of Major Misconduct, a Respondent may be accompanied by a Support Person who may be present as support for Respondent and Student Complainants but may not speak during these meetings. If a Respondent opts to be accompanied by a Support Person, a Student Complainant shall also have an opportunity to be accompanied by a Support Person.
Students must inform the Code Decision-Maker three days prior to the Code Resolution Meeting if they will be accompanied by a Support Person. The College reserves the right to have College legal counsel present during any Code Resolution Meeting.
Statements from Witnesses
Both Complainants and Respondents have the right to relevant written statements from witnesses for a Code Resolution Meeting.
The Code Decision-Maker may interview witnesses prior to the hearing and if the witness(s) is/are allowed to attend, the Code Decision Maker may ask clarifying questions at any time during the hearing process.
Complainants and Respondents (or their Support Person) may not object during questioning.
Technical rules of evidence, such as would be used in a court of law, do NOT apply during Code Decision Meetings, although Complainants and Respondents may submit arguments about why certain evidence should or should not affect decisions. This evidence refuting the allegation/s must be submitted to the Code Decision Maker at three days prior to the Code Resolution Meeting
Code of Conduct Decisions
Decisions on Complaints will be made by applying the Preponderance of the Evidence standard unless specified otherwise, and Code Decision-Makers shall determine if, based on the evidence, it is more likely than not the Respondent engaged in the misconduct alleged in the Complaint.
If the Code Decision-Maker decides that the evidence does not support a finding that the Respondent engaged in the alleged misconduct, the matter shall be concluded and the Complaint closed, subject to any available appeal.
If the Code Decision-Maker finds that the Respondent more likely than not engaged in the misconduct alleged in the Complaint, the Code Decision-Maker shall determine an appropriate Responsive Action.
Responsive Action by the Code of Decision-Maker
If Student Respondents admit to violating, or are found to have violated, the Code of Conduct, the Code Decision-Maker has the discretion to issue or not issue one or more Responsive Actions.
All Responsive Action shall be issued to Respondents in writing along with an explanation of the facts, including any Aggravating Factors and Mitigating Factors, the Code Decision-Maker took into consideration.
Responsive Action may include, but is not limited to, one or more of the following:
Educational Measures (for both findings of Lesser Misconduct and Major Misconduct) including, but not limited to:
Educational assignments that foster a new or greater understanding of the Student’s role in the Falcon Community and how the Student’s conduct affects others,
Restorative Justice requirements,
Financial compensation for actual losses to the College or to a specific individual (e.g., for theft or property damage). The College cannot award damages for pain and suffering or for other intangible injuries, or purely as punishment (i.e., a fine),
Temporary prohibition (not to exceed six (6) months or one (1) academic year, whichever is greater) from engaging in certain College Sponsored Activities, including Selective Extracurricular Activities. Decision to impose such Responsive Action shall be made in consultation with the Employees responsible for the specific activities in question,
Temporary removal (not to exceed six (6) months or the remainder of the current academic year, whichever is greater) from specific College academic or certificate programs. Decisions to impose such Responsive Action shall be made in consultation with the Employees responsible for the specific programs,
Temporary restriction on or denial of certain College services (e.g., use of a library or certain College IT Systems), not to exceed six (6) months or the remainder of the current academic year, whichever is greater.
Temporary restriction on enrollment (e.g., being permitted to take only (or barred from taking any) online classes), not to exceed six (6) months or the remainder of the current academic year, whichever is greater,
Temporary exclusion (i.e., being “trespassed”) from specified College Property (e.g., a particular College Campus or Learning Center), not to exceed six (6) months or the remainder of the current academic year, whichever is greater,
A Conduct Agreement (see Section VIII below),
A Written Warning,
Disciplinary Responsive Action (for findings of Major Misconduct only) may include, but are not limited to:
Prohibition from engaging in certain College Sponsored Activities, including Selective Extracurricular Activities, for a period in excess of six (6) months or the remainder of the current academic year, whichever is greater, up to and including an indefinite or permanent prohibition. Decisions to impose such Responsive Action shall be made in consultation with the Employees responsible for the specific activities in question,
Removal from a specific College academic or certificate program, for a period in excess of six (6) months or the remainder of the current academic year, whichever is greater, up to and including indefinite or permanent removal. Decisions to impose such Responsive Action shall be made in consultation with the Employees responsible for the specific programs,
Restriction on or denial of certain College services (e.g., use of a library or certain College IT Systems), for a period in excess of six (6) months or the remainder of the current academic year, whichever is greater, up to and including an indefinite or permanent restriction,
Restriction on enrollment (e.g., permitted to take only (or barred from taking any) online classes), for a period in excess of six (6) months or the remainder of the current academic year, whichever is greater, up to and including an indefinite or permanent restriction,
Exclusion (i.e., being “trespassed”) from specified College Property (e.g., a particular College Campus or Learning Center), for a period in excess of six (6) months or the remainder of the current academic year, whichever is greater, up to and including indefinite or permanent exclusion,
Suspension from the College for any length of time,
Expulsion from the College,
Withholding of a degree or certificate.
Notice of Code of Conduct Decisions, Responsive Actions, and Right to Appeal
Code Decision-Makers shall provide Respondents with written decisions in a timely manner not to exceed five (5) Business Days stating explicitly what, if any, misconduct a Respondent was found to have engaged in, explaining the specific factual basis for that decision, and stating the specific Responsive Action issued by the Code Decision-Maker, including an explanation of any Aggravating Factors or Mitigating Factors taken into consideration.
Code Decision-Makers shall inform Respondents in writing of any right they may have to appeal the decision or the Responsive Action, including the deadline to request an appeal and the College office to which or Employee to whom the appeal request should be submitted.
The specific facts of Code of Conduct proceedings are confidential educational records. Most Complainants will generally be notified when Code proceedings are concluded and informed of specific outcomes that affect the Respondents progress in the program. However, Complainants alleged to have been victims of assault, violence, Stalking, True Threats, or sexual misconduct shall be given written notice of the specific outcome of their Complaints, including any Responsive Action issued to the Respondent, as well as information regarding Complainants’ right to appeal.
If a Student is censured, dismissed, Suspended, or Expelled for conduct violations, or formally reprimanded for disrupting the learning or classroom environment, an Appropriate Divisional Dean may choose to require the Student to provide a medical release or note from the Student’s medical / mental health provider providing any or all of the following provisions:
The Student is safe to return to campus
The Student is not or is no longer a threat of harm to self or others
The Student provides no risk to campus safety
Any other medical or mental health concern that may impact the learning environment
To obtain an updated Health Declaration form and/or receive proper medical mental health treatment.
Some programs may have more stringent requirements
907.8 Conduct Agreements – Form and Effect
Student Warning must be in writing and sent to the Student’s “cei.edu” email account. A copy will be entered into Maxient. (See individual Program Codes for variations.)
If the Student successfully completes the Student Warning or complies satisfactorily with its ongoing requirements, the College will take no further action.
A Student’s violation of a Student Warning may, at the discretion of the Department Chair, result in the termination of the agreement and the immediate issuance of one or more Responsive Actions.
Who May Appeal (i.e., be the "Appellant") to the Appropriate Division Dean
Respondents found to have violated the Code of Conduct may appeal a Code Decision-Maker's decision and/or the Responsive Action issued to the Respondent only when:
The Respondent was found to have engaged in Major Misconduct and,
The Respondent received a Disciplinary Sanction.
Respondents found to have violated, or to be in violation of the terms of a Student Warning may appeal the decision that they violated the Student Warning and/or the Disciplinary Sanction issued to the Respondent.
Complainants whose Complaints alleged they were victims of assault, violence, Stalking, True Threats, or sexual misconduct, including Sexual Harassment, may appeal the following decisions by the Code Decision-Maker:
Decisions not to proceed with a Complaint or to terminate a Complaint without making a final decision,
A finding that the Respondent was not shown by a Preponderance of the Evidence to have engaged in the alleged misconduct and,
A Disciplinary Sanction issued to a Respondent found to have engaged in the alleged misconduct.
Acceptable Bases for Appeal
A request for appeal shall only be considered if it is based on one or more of the following arguments:
The Code Decision-Maker’s decision was Clearly Erroneous or tainted by clear bias.
The severity or leniency of the Responsive Action was unjustifiably disproportionate to the seriousness of the Respondent’s misconduct.
A Material Error in Process occurred that affected or reasonably could have affected the Code Decision-Maker’s decision or the Responsive Action issued to the Respondent.
The discovery of new information that was not known and could not reasonably have been discovered at the time of the Code Resolution Meeting that is substantially likely to have affected the outcome of the Complaint had it been presented at the Code Resolution Meeting.
Requesting an Appeal
An Appellant’s written request for appeal must be submitted to the Appropriate Division Dean no more than five (5) Business Days after receiving notice of the Code Decision-Maker’s decision. The appeal must contain:
A copy of the Code Decision-Maker’s decision,
The Appellant’s basis for bringing the appeal (see Section IX.B above),
An argument stating why the decision or Responsive Action should be changed and,
If the appeal is based on new evidence, a copy or written summary of the new evidence and a statement identifying the source of the new information and explaining why it was not available at the time of the Code Resolution Meeting. (See individual Program Codes for variations to timeline requirements.)
Upon receipt of a timely appeal, the Appropriate Division Dean will make a determination as to whether an Appeal Review Board is warranted.
If a timely request for appeal is submitted, any Responsive Action will be stayed until the appeal is decided unless there is a clear and significant risk that the health and safety of the Falcon Community or Ordinary College Operations would be adversely affected if the Responsive Action did not take immediate effect. (See individual Program Code requirements.)
Appellee Responses to Appeals
Within five (5) Business Days after receiving notice of an Appellant’s appeal, the Complainant may, but is not required to, submit to the Appropriate Division Dean a written response in opposition to the appeal. The Appropriate Division Dean shall forward any timely responses to the Vice President of Academic & Student Affairs. (See individual Program Codes for variations to timeline requirements.)
Designating an Appeal Review Board
Within five (5) Business Days of receipt of an appeal, the Appropriate Division Dean, or designee, shall designate a non-voting Appeal Review Board Committee Chair. The Committee Chair will select an Appeal Review Board (commonly referred to as “the Board”) consisting of; two faculty, one credit-bearing Student, one representative from Student Affairs, and one at-large member to include an Employee or credit-bearing Student. The Appeal Review Board may not proceed with an even number of members. (See individual Program Codes for board member requirements/eligibility.)
If the Appropriate Division Dean or designee, in consultation with the College’s Office of General Counsel, determines that no College Employees can or should decide a particular appeal, such as in the event of a College-wide conflict, the College shall retain one or more impartial and disinterested third parties outside the College to review and decide the appeal in accordance with College procedure.
Procedures for Appeal Review Boards
Within five (5) Business Days of being designated, the Appeal Review Board shall schedule a meeting to take place within the following five (5) Business Days at which to decide the appeal.
Appeal Review Boards may submit questions to Appellants or Appellees.
All previously submitted questions must be answered in writing prior to the meeting.
Appeal Review Board decisions will generally be based only on written submissions.
Appellants and Appellees shall be notified of the date and time of the Appeal Review Board’s meeting.
Attendance at meetings shall be limited to the Appeal Review Board members, Appellant, and Appellee.
General Counsel may be requested to be present by the Committee Chair as a non-voting consultant.
Both Appellants and Appellees may each be accompanied to appeal hearings by one (1) Support Person.
The Support Person will be a silent participant and may not speak for the Appellant or Appellee. The Chair of the Appeal Review Board has full discretion to warn or remind the Support Person who violates this section of the rules of the hearing, to ask them to leave the hearing, or to take other appropriate action. Upon taking such action, the Appeal Review Board may, in circumstances where the violation is severe, decide whether to continue the hearing, postpone the hearing, or deny the appeal. All Appellants will be informed of these rules in writing prior to any appeal hearing occurring. It is the responsibility of Appellant to inform their Support Person of these rules in advance of the hearing.
Appellants shall address the Appeal Review Board first and present any arguments why an appeal should be granted. Appellees (if attending) may then address the Board and present arguments why the appeal should be denied, if they choose to do so. Appeal Review Board members may ask questions during arguments, but Appellants and Appellees may not object or ask each other or the Board members questions (except to seek clarification of a question from the Board that the Appellant or Appellee does not understand), or otherwise interrupt each other’s arguments.
The Appeal Review Board may offer each party an equal opportunity to make a rebuttal argument.
Within three (3) Business Days after receiving notice of the Appeal Review Board’s decision, either the Appellant or an Appellee may submit to the Vice President of Academic & Student Affairs a written request for reconsideration.
This reconsideration is at the discretion of the Vice President of Academic & Student Affairs.
If an appeal hearing is conducted, Appeal Review Boards shall offer Appellants and Appellees an equal opportunity to be heard.
Discretionary appeal is not a new Code Resolution Meeting, testimony or other additional evidence will not be heard or considered.
The decision of the Vice President of Academic & Student Affairs is considered final.
In Complaints concerning the Vice President of Academic & Student Affairs, the decision of the President is final.
Decisions of Appeal Review Boards
Appeals shall be decided by simple majority vote of the Appeal Review Board.
Appeal Review Boards should give close consideration to the Code Decision-Maker’s Responsive Action. Code Decision-Maker decisions should only be changed or overturned if the required voting majority of the Board is firmly convinced that the decision was in error.
When deciding appeals, Appeal Review Boards may:
Deny the appeal and affirm the Code Decision-Maker’s decision and/or Responsive Action,
Affirm the decision that a Code violation occurred but reduce or increase the Responsive Action,
Grant the appeal (entirely or in part) and remand the Complaint to the Appropriate Division Dean for further proceedings and a new decision, or,
Overturn a decision entirely and vacate all Responsive Action if, and only if, the Board concludes unanimously that the Respondent is actually innocent.
The Committee Chair will send the written decision of the Appeal Review Board within five (5) Business Days to the Appellants, Appellees, and the Department Chair and/or Appropriate Division Dean.
The decision of an Appeal Review Board is final, and no further appeal or review of a Code of Conduct decision or Responsive Action is available unless the Appellant feels that the correct process was not followed.
907.10 Interim Suspension in Cases of Serious Threats or Disruptions
The Dean of Student Affairs, Campus Security, or their respective designees, may, without prior notice, immediately issue an Interim Suspension to a Student if there is a reasonable basis to believe that the Student’s continued presence on College Property or at College Sponsored Activities while the Student’s Code of Conduct proceeding is pending poses a significant threat to the health or safety of the Falcon Community or poses a risk of a Substantial Disruption to Ordinary College Operations.
Students shall be notified of their Interim Suspension, the specific reasons for it, the conditions by which the Student must abide, and the Student’s right to seek an Expedited Review (see Section X.D. below) verbally at the time the Interim Suspension is imposed (if possible) and/or in writing via “cei.edu” email within one (1) Business Day.
The Appropriate Division Dean will be immediately notified of Interim Suspension and determine further notification to Faculty/Staff.
During Interim Suspensions, the Appropriate Division Dean may allow Students to continue their College course work via email and other correspondence, independent study, or other remote means with the approval of the Department Chair and Students’ Instructors. (See individual Program Codes for additional details).
Expedited Review of Interim Suspensions
Students may submit a request for an Expedited Review of an Interim Suspension to the Appropriate Division Dean and the Vice President of Academic & Student Affairs within three (3) Business Days of receiving notice of the Interim Suspension.
The request must be in writing and state specifically why the Student believes the Interim Suspension is not justified, including why the Student would not pose a significant risk to the health or safety of the Falcon Community or a risk of Substantial Disruption to Ordinary College Operations by the Student’s continued presence while the Code process is pending.
Interim Suspensions shall remain in effect while Students’ requests for Expedited Review are pending.
The Appropriate Division Dean and/or Campus Security Director, may, but are not required to, submit a written response to the Student’s request for review to the Vice President of Academic & Student Affairs.
The Vice President of Academic & Student Affairs shall evaluate the Student’s request for review by applying the Clear and Convincing Evidence standard and shall issue a written decision within three (3) Business Days. No meeting with the Student or hearing shall be conducted.
If a decision is made in favor of the Student, the Interim Suspension shall be lifted, and the Student may resume regular College Authorized Activities, subject to any Interim Measures, while the Code process is pending.
If a decision is made against the Student, the Interim Suspension shall remain in effect.
907.11 Eligibility for Readmission to the College
Students who are Suspended from the College for violating this Code of Conduct may be required to satisfy specific conditions, provided to the Students in writing at the time of their Suspension, in order to be eligible for readmission to the College after the term of their Suspension has ended.
If a Student fails to satisfy the conditions of a Suspension, or if the Student engages in additional Code violations during the term of the Suspension, the Appropriate Division Dean may convert the Student’s Suspension to an Expulsion without the ability to appeal.
Students who have been Expelled from the College for violating this Code of Conduct are permanently ineligible for readmission at any time.
Any request for readmission after Expulsion shall be denied automatically with no opportunity for appeal.
Academic Integrity: The adherence to intellectual honesty and authentic, responsible scholarship in one’s Academic Work at the College.
Academic Work: All work product submitted to the College by a Student for a grade, academic credit, or official evaluation by the College, including, but not limited to, class assignments, examination responses, essays, reports, projects, research results and/or analyses, presentations and/or presentation materials, and artistic works.
ADA: American Disabilities Act.
Aggravating Factor: Any evidence or information that might warrant addressing an alleged Code of Conduct violation as Major Misconduct or justify imposing a harsher Responsive Measure for a particular violation, including, but not limited to, a history of prior violations by the Student, the degree of damage or caused by Student’s misconduct (including physical and emotional damage to another member of the Falcon Community), whether the misconduct was planned or spontaneous (i.e., “a crime of passion”), whether the misconduct demonstrates callous disregard or disrespect for others or the College, and whether the Student demonstrates a lack of remorse or refuses to accept personal responsibility for the misconduct.
Appellant: A Complainant or Respondent appealing a decision of and/or Responsive Action issued by a Code Decision-Maker in accordance with the Code of Conduct’s appeal procedures.
Appellee: A Code Decision-Maker, Respondent, and/or Complainant responding to an Appellant’s appeal of a decision made and/or Responsive Action issued by a Code Decision-Maker.
Appeal Review Board or Board: Established by the Appeal Review BoardCommittee Chair to review Student appeals related to Code Decision-Maker decisions or Responsive Action. The Board consists of; two faculty, one credit-bearing Student, one representative from Student Affairs, and one at-large member to include an Employee or credit-bearing Student. The Appeal Review Board may not proceed with an even number of members. See Program Codes for program-specific requirements.
Appeal Review Board Committee Chair or Committee Chair: The individual selected by the Appropriate Division Dean to select and supervise and Appeal Review Board or Board for the purpose of reviewing Student appeals related to Code Decision-Maker decisions or Responsive Action.
Appropriate Division Dean(s) or Dean(s):The Dean supervising various areas. Currently, there are five Deans and one associate Dean at CEI. The Dean of Student Affairs supervises all Student Affairs areas and the Associate Dean of Enrollment Management. The Dean of General Education supervises the General Education Departments. The Dean of CTE supervises the Mechanical Trades, Business & Technology, and Cybersecurity and Information Technology. The Dean of Health and Human Services supervises the Healthcare and Human Services departments. The Dean of Online Learning supervises the online learning departments. All Deans are supervised by the Vice President of Academic & Student Affairs.
Board: See Appeal Review Board
Bribe: Either 1) Anything of value offered, promised, or given to a College Employee with the intention of influencing that Employee’s official decisions or actions, including, but not limited to, money, tangible goods, services, or information, or 2) the act of offering, promising, or giving a College Employee anything of value with the intention of influencing that Employee’s official decisions or actions.
Bullying: A sustained course of conduct involving physical assault, threats of physical assault, harassment, ridicule, or deliberate and gratuitous intimidation of a kind and/or duration which no Reasonable Person could be expected to endure under the circumstances, the purpose or effect of which is to exert dominance over and/or humiliate another member of the Falcon Community.
Business Day: The time ranging between 8:00 a.m. and 5:00 p.m. on a day when the College conducts Ordinary College Operations, excluding Saturdays and Sundays, any officially recognized College holidays, and any other day the College is officially closed for any reason.
Campus Security: The College of Eastern Idaho’s Security Services Department.
Chain of Command: The proper order of authority within the College or Department structure. For example, a Student would speak to their Instructor before going to a Department Chair / Dean.
Chair or Committee Chair: See Appeals Review Board Committee Chair
Clear and Convincing Evidence: A decision-maker must have a firm belief that, based on the evidence available, it is highly probable a Student engaged in the conduct alleged in the Complaint in violation of the Code of Conduct. Clear and Convincing Evidence is a higher evidentiary standard than a Preponderance of the Evidence.
Clearly Erroneous: Being or containing a finding of fact that is not supported by substantial or competent evidence or by reasonable inferences.
Center for New Directions (CND): Specializes in career development services for single parents, displaced homemakers, those considering nontraditional training or employment and other special populations. Services to provide support and career opportunities for CEI Students are available. Career Services at CND also serves all Students for Career Center questions.
Code Decision-Maker: A College Employee who is authorized to make decisions and/or recommendations on code violations as outlined in this Student Code of Conduct Policy. Examples of Code Decision-Makers include, but are not limited to, an Instructor, Committee Chair, Appropriate Division Dean, Dean of Student Affairs, Vice President of Academic & Student Affairs and/or General Counsel.
Code Resolution Meeting: The meeting between the Respondent and the Code Decision-Maker to discuss the Complaint and the Respondent’s alleged Code of Conduct violation, as well as any evidence in support of the alleged violation, at which the Respondent has an opportunity to respond to the allegations in the Complaint and the evidence in support of those allegations and to present additional evidence.
College Assets: Any possessions including, without limitation; vehicles, equipment, materials, furnishings, goods or merchandise, records, or data; or financial resources owned or controlled by the College.
College Authorized Activity: An activity by any individual, group, or organization that has been permitted to take place on College Property by the Vice President of Finance, the Director of Facilities, a Campus President, or one of their respective designees, but is not organized, initiated, aided, or supervised by the College’s administration or official organizations.
College Campus: Each College Campus, education center, and adult learning center and any other facility where Students normally receive instruction from the College or where Ordinary College Operations are normally conducted.
College Property: Any College Campus, building, or grounds owned, leased, operated, or controlled by the College, as well as any structures, improvements, or equipment thereon.
College Sponsored Activity: Any event, activity, or endeavor officially approved by the College, on- or off-campus College Property, that is organized, initiated, aided, or supervised by the College’s administration or official organizations.
College IT Systems: All College-owned or -controlled telephones, computers, software, network devices, servers, printers, and other College-owned or -controlled technology equipment, including both hardware and software, as well as the College’s website “cei.edu” any email with a “cei.edu” domain name, and/or any information stored or transmitted on College servers.
Complainant: An individual who brings a Complaint alleging to have been subjected to or injured by a Student’s violation of this Code of Conduct or who is responsible for a College Sponsored Activity during which a Student committed an alleged violation of this Code of Conduct.
Complaint: A formal, written allegation that a Student has violated the Code of Conduct.
Conduct Agreement: A written contract between the College and a Student who has admitted to or accepted responsibility for engaging in misconduct prohibited by this Code in which the Student agrees to do or refrain from doing certain things for a specified period of time in consideration for the College not pursuing or imposing DisciplinaryResponsive Action against the Student.
Confront: To oppose directly and contemporaneously, generally in person and face to face, but, at a minimum, in a manner in which one can hear and view the testimony of others against oneself as it is being given.
Conspiracy: An agreement between a Student and one or more other persons to engage in conduct prohibited by the Code of Conduct in which at least one action in furtherance of their agreement is undertaken.
Counseling Center: CEI Counseling Services offers free and confidential counseling services to degree-seeking, enrolled CEI Students. Our staff of licensed professionals and interns provides short-term, goal-oriented counseling interventions. We anticipate that the majority of our clients will meet their goals within the academic semester. Our staff can assist those who struggle with mental health and behavioral issues as well as unmet emotional needs.
Dean(s): See Appropriate Division Dean(s).
Dean of Student Affairs: The College’s Dean of Student Affairs, individually and as an administrative office of the College, or the Dean’s designee. In the event of a College administrative reorganization prior to a revision of this Code, “Dean of Student Affairs” shall include a College administrator with duties and responsibilities equivalent to those of the Dean of Student Affairs as of the effective date this Code, or the Dean’s designee.
Department Chair: A full-time faculty member or other College Employee who serves as the academic leader of a specific academic department and the immediate supervisor of Instructors within that department under the authority of an academic Dean or a director of adult basic education.
Designee: For specific programs (e .g., Nursing, Energy Systems Technology, etc.) a person entitled “designee” will be assigned to the Department Chair, Division manager, or Director that oversees that specific program. They are then appointed to be the code decision maker for that program. This process of appointing a code decision maker is tailored to a particular program’s distinct needs (“Program Codes”) and listed in their specific program’s Student handbook and/or policy and procedure manual.
Discipline, Disciplinary, or Disciplinary Sanction: A punitive consequence to a Student as a result of the Student’s Major Misconduct that could result in the Student’s Suspension or Expulsion from the College.
Disability Resource Center (DRC): The College’s Office for Access and Disability Resources.
Educational Measure: A non-punitive consequence of a Student’s Code of Conduct violation, focused on corrective and restorative measures intended to help Students make amends to those affected, learn from the experience, and better understand the College’s expectations for them as members of the Falcon Community. An Educational Measure is not a Disciplinary Sanction and will not result in the Student’s Suspension or Expulsion from the College.
Employee: Any person employed by the College on a full-time, part-time, temporary, or regular basis or directly engaged in the performance of work under the provision of a contract with the College. This definition does not include unpaid Volunteers.
Expelled or Expulsion: The complete and permanent separation of a Student from the College. An Expelled Student is barred from all College Property and College Sponsored Activities, will be withdrawn from all classes, and will not receive credit for those classes or a refund of any tuition. A Student who has been Expelled is ineligible to petition the College to be allowed to re-enroll at a later date.
Falcon Community: Any credit or non-credit Student, Employee or trustee affiliated with CEI.
Frivolous: Lacking any discernible basis in fact or policy.
Gambling: To bet or wager money or anything of monetary value on an event with an uncertain outcome, including, but not limited to, games of chance or skill.
General Counsel: The chief legal officer of the College with a dual reporting relationship to the governing board and the President of the college. General Counsel provides proactive professional advice on critical strategic, legal and public policy issues.
Gross Insubordination: Seriously disrespectful behavior directed toward a College Employee, including, but not limited to, deliberately and blatantly ignoring or disobeying an explicit directive and/or using or directing vulgar, profane, abusive, or objectively insulting language in any medium toward or about the Employee.
Hazing: The imposition of dangerous, unnecessarily strenuous, or humiliating tasks or conditions as a part of acceptance or initiation into, or membership in, a group or program, whether undertaken voluntarily or involuntarily, that no Reasonable Person could be expected to endure under the circumstances.
Innocent or Innocence: The established facts clearly and convincingly prove with certainty that a Student did not violate the Code of Conduct.
Instructor: An adjunct or full-time faculty member at the College or an Employee providing educational services in continuing education, workforce development, adult basic education, and developmental education classes.
Interim Measure: A temporary condition imposed to halt ongoing misconduct, support and protect individuals involved in a Complaint and the Falcon Community, and to protect the integrity of the investigation into a Complaint. Interim Measures may be requested by both Complainants and Respondents, and the College may impose Interim Measures at its own discretion.
Interim Suspension: An immediate Suspension that remains in effect until a Student’s Code of Conduct proceeding is concluded, the Student’s request of review of the Interim Suspension is granted, or the Vice President of Academic & Student Affairs, or the Dean of Student Affairs, or the College’s Security determines the Interim Suspension is no longer necessary.
Investigator: A College Employee or a third-party retained by the College to investigate and gather evidence related to an alleged Code of Conduct violation.
Knowingly: Done in a way that a Reasonable Person would believe shows forethought, deliberate action, or an intention for an outcome to occur.
Legal Professional: A non-Attorney who 1) holds a Juris Doctor (“JD”) or equivalent degree; 2) is licensed to practice law in a non-U.S. jurisdiction; or 3) is currently or formerly employed (including by retirement) as, or who has received education or training to become, a paralegal, judge, administrative law judge, magistrate, justice of the peace, or hearing officer.
Lesser Misconduct: Any Code of Conduct violation that does not rise to the level of a Major Violation and warrants a Student receiving an Educational Measure, rather than a Disciplinary Sanction.
Litter: To leave trash and other discarded material; including, but not limited to, paper products, plastic or foam cups and containers, cans, bottles, and food scraps; on College Property or at a College Sponsored Activity without placing the material in a proper receptacle, such as a trash can or recycling bin.
Major Misconduct: A serious Code of Conduct violation that could result directly in a Student receiving a Disciplinary Sanction, up to and including Suspension or permanent Expulsion from the College, or the withholding of a Student’s degree or certificate.
Malicious: Intended merely to harass, intimidate, embarrass, or retaliate against a member of the Falcon Community, to interfere with or disrupt Ordinary College Operations, or to delay a Code of Conduct proceeding.
Material Error in Process: A significant mistake or omission in administration of the Code of Conduct that a Reasonable Person could find affected or likely could have affected the final outcome of a Complaint proceeding or otherwise made the proceeding fundamentally unfair.
Maxient: A web-based system in which anyone in the Falcon Community and community members can make an anonymous, or non-anonymous, report about any concern. These can include, but are not limited to, concerns about Student conduct, Student health and/or welfare, threats (violent and otherwise), weapons concerns, assault, sexual assault, harassment, Sexual Harassment, concerns over Student food or housing insecurity, or suicidal concerns. Any threat to the campus community can be reported through Maxient.
Mitigating Factor: Any information or evidence presented to a Code Decision-Maker that might warrant addressing an alleged violation as Lesser Misconduct or justify a lesser Responsive Action, including, but not limited to, whether the Student admits to or accepts personal responsibility for the violation, lack of prior violations, personal circumstances that might explain but not excuse the violation (e.g., severe stress or provocation), and whether the Student demonstrates genuine regret or remorse.
Negligently: Done in a way that demonstrates a failure to act with the level of care that a Reasonable Person would exercise under the same circumstances.
Obscenity: Material in any medium; including, but not limited to, written or spoken words, images, and videos; that a Reasonable Person applying contemporary community standards would find appeals or is intended to appeal primarily to prurient interests; depicts or describes sexual conduct in a blatantly graphic or patently offensive way; depicts or describes brutal acts of physical harm or cruelty to or the infliction of brutal physical harm or cruelty upon humans, animals, or human- or animal-like creatures, and, taken as a whole, lacks discernible literary, artistic, political, academic, or scientific value.
Ordinary College Operations: All day-to-day business and other functions of the College, including, but not limited to, academic instruction, administrative services, performance of employment responsibilities, facilities maintenance and grounds-keeping, creative activity, community events, campus safety and security, and the maintenance of a College-wide environment that is open, accessible, and welcoming to the Falcon Community.
Phishing: The fraudulent use of deceptive email or text messages, often appearing to come from known persons or trusted institutions, to illegally obtain or attempt to obtain sensitive personal information, including, but not limited to, usernames, passwords, banking information, and credit card details.
Pornography: Obscenity in any medium that a Reasonable Person applying contemporary community standards would find portrays human nudity or sexual activity solely for the purpose of sexual arousal.
Preponderance of the Evidence: The decision-maker must determine that, based on the available credible information, it is more likely than not (i.e., there is a greater than 50% chance) a Student engaged in the conduct alleged in a Complaint in violation of the Code of Conduct.
President: The President of the College Campus where an alleged Code of Conduct violation occurred, or, if the alleged violation occurred off campus, the President with administrative authority over the College Sponsored Activity during which the violation allegedly occurred.
Probation: A Student has been formally warned that any violations of the Code of Conduct during a specified period of time will likely result in a Disciplinary Sanction. A Probationary period may be for one or more semesters or may last indefinitely. Probation itself is not a Disciplinary Sanction.
Program Code(s): Specific codes of conduct allowed by CEI to address specific program needs which supersede, or go beyond, the limits of this code.
Recklessly: Done in a way that a Reasonable Person would find unjustifiably impulsive, exceedingly careless, or totally unreasonable under the circumstances.
Respondent: The Student who is alleged in a Complaint to have violated the Code of Conduct.
Responsive Action: Any Educational Measure or Disciplinary Sanction imposed on a Student by the College as a result of the Student accepting responsibility or being found responsible for a Code of Conduct violation.
Restorative Justice: Any method of addressing and correcting Code of Conduct violations that provides an alternative to traditional punishments by focusing on accepting personal responsibility, making amends to individuals or institutions who have been harmed, and developing a stronger sense of one’s identity and role as a member of the Falcon Community.
Retaliation: Adverse action taken against any participant in the Academic Integrity Code process because of that person’s participation in the process.
Selective Extracurricular Activity: A College Sponsored Activity for which Students do not receive grades or academic credit that limits participation to Students who are invited individually to participate or who are permitted or chosen to participate through competitive or restrictive processes, such as class-standing or minimum-GPA requirements, try-outs, auditions, or elections.
Service Animal: A dog or, in certain instances, a miniature horse that has been individually trained to do work or perform tasks for a person with a disability that is directly related to the person’s disability.
Sexual Harassment: Unwelcome sexual advances or requests to engage in sexual activity of any kind; conditioning an academic outcome or a College benefit (e.g., grades, financial assistance, employment, decisions in College proceedings) on acquiescence to or tolerance of sexual activity; unreasonably persistent requests of a sexual nature to socialize when the recipient of the requests has said no or indicated or otherwise declined the requests; or comments (including jokes and innuendo), conduct (including gestures), or physical contact (including unwanted touching) of a sexual nature.
Spam: Unsolicited bulk email sent indiscriminately.
Stalking: Repeatedly following, making contact with, or observing another member of the Falcon Community without legal justification in a manner and/or under circumstances that would cause a Reasonable Person to feel threatened, unsafe, or intimidated or to fear for the safety of one’s immediate family members or close personal associates.
Student(s): Any person who applies for admission to or is currently registered for or enrolled in any course(s) at the College on either a full-time, part-time, or clock-hour basis, as well as any person currently registered for or participating in continuing education, workforce development, adult basic education, or developmental education classes through the College.
Student Warning(s): A notice to the Student verbally or in writing, from a College official, stating that a policy has been violated and that continued violation may result in more severe sanctions.
Substantial Disruption: One or more unauthorized acts or conditions that materially and significantly interfere with, interrupt, or impede the instructional or educational activities of the College, other College Sponsored Activities, College Authorized Activities, or Ordinary College Operations.
Support Person: A person assisting or supporting a Student during a Code Resolution Meeting or appeal hearing, including, but not limited to, an Employee; a parent, sibling, or other relative; or a religious or spiritual leader. A Support Person may not speak or assist during Code-related proceedings but may be present as a silent advocate. A Support Person may speak with the Respondent or Complainant during the Code Resolution Meeting, providing the consultation is not disruptive to the meeting. The Code Decision Maker may ask the Support Person and Respondent or Complainant to cease disruptive speech or behavior, and may take any measures deemed necessary to address that disruptive speech or behavior.
Suspended or Suspension: The temporary complete separation of a Student from the College for any length of time. A SuspendedStudent will be withdrawn from all classes and will not receive credit or a tuition refund for those classes. Once suspended, a Student may not enroll in any classes at the College, is barred from all College Property, and may not attend any College Sponsored Activity (unless specific arrangements have been made through the Office of the Dean of Student Affairs). Students who complete all required conditions of their Suspensions may return to the College at the end of their Suspension period, although they may be required to comply with certain ongoing conditions after they return.
True Threat: A communication in any medium, directed to a specific person or group of persons, that the speaker intends to place the person or group in fear of physical violence, bodily harm, or death, regardless of whether the speaker truly intends to carry out the threat.
Vice President of Academic & Student Affairs: The College’s Vice President of Academic & Student Affairs, individually and as an administrative office of the College, or the Vice President’s designee. In the event of a College administrative reorganization prior to a revision of this Code, “Vice President of Academic & Student Affairs” shall include a College administrator with duties and responsibilities equivalent to those of the Vice President of Academic & Student Affairs as of the effective date this Code, or that individual’s designee.