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1. Introduction, Definitions and Terms

Purpose

This section provides an overview of the rights and responsibilities of each student, an overview of the purpose of the document, a key definitions of terms, and descriptions of the College's jurisdiction.

1.1 Table of Contents

Article 1 – Introduction, Definitions, Rights, and Responsibilities
Article 2 – Standards of Conduct
Article 3 – Interim Actions
Article 4 – Procedures for the Adjudication of Alleged Misconduct
Article 5 – Sanctions  
Article 6 – Procedures for Appeal   
Article 7 – Interpretation and Review  

1.2. Introduction

To the Students of the Ä¢¹½ÊÓƵÍø, 

When you applied to become a student at the Ä¢¹½ÊÓƵÍø, you chose to become a member of a proud, vibrant and diverse educational community.  Ours is a community built upon the foundational values of excellence, innovation, integrity, caring, respect, and a commitment to empowering students to succeed.  These principles form the bedrock upon which we seek to develop ourselves and enrich our community, a goal which cannot be achieved without integrity, both in action and intent.  We strive to create an environment where inquiry and growth are supported by a shared sense of respect and an implicit responsibility to care for one another.  As a member of this community, you have agreed to hold yourself and every member of the College community to a higher set of ideals. 

The Student Code of Conduct describes a set of policies designed to reflect our unique culture while ensuring that all who seek knowledge are held to the same standards.  This Code is intended to provide a framework upon which we can all rely to reflect and uphold our commitment to procedural fairness, equitable treatment, and a sense of shared accountability.  I urge each of you to become familiar with what is expected of you, and what you can expect from one another, to ensure that you, as a member of our community, have the best possible opportunity for success during your time at the Ä¢¹½ÊÓƵÍø.  It is my hope that you will join us in celebrating the unique opportunities we share as we move through CWI’s second decade. 

Chad M. Trisler 
Dean of Students & Title IX Coordinator

1.3. Purpose and Application 

Pursuant to Ä¢¹½ÊÓƵÍø (CWI) Policy STU-040, students are responsible for observing campus rules and regulations and helping to maintain appropriate conditions in the classroom, on CWI’s campus, and in the community. A student's registration obligates them to comply with the policies of CWI and its Student Code of Conduct (Code).  The purpose of this document is to provide a clear explanation of the rights, responsibilities, and expectations of each student attending CWI, as well as to provide a process for addressing any allegations of misconduct. 

All students are expected to comply fully with all local, state, tribal, and federal laws at all times. All members of the CWI community are held to a higher standard of conduct than those who have not chosen to become a part of the College community. Therefore, in addition to complying with all local, state, tribal, and federal laws, students are required to comply with the standards of conduct and College policies set forth in the Student Code of Conduct, which applies to all students throughout their time as members of the CWI community. CWI recognizes student success, as well as the security and integrity of the College community, are affected by all areas of a student’s life, therefore students are responsible for conforming their behavior to the standards and policies set forth in this document at all times, whether on or off campus. These standards and policies are designed to foster an environment supportive of personal, social, and ethical development and serve to promote the protection of the rights, responsibilities, safety, and welfare of our College community while ensuring that all community members are free to pursue their educational goals. 

The Student Code of Conduct will be applied without regard to race, color, national origin, ancestry, religion, sex, sexual orientation, gender identity, marital status, age, physical or mental disability, or military or veteran status.  Any adjudication will be based solely on the conduct for which allegations were brought against the student. 

1.4. Jurisdiction

1.4.1. The College has a responsibility to provide members of the College community with those privileges, opportunities, and protections that encourage and maintain an environment which supports educational development. 

1.4.2. The Code applies to: 

1.4.2.1. Any land, building, facility, or other real property owned, leased, operated, or otherwise controlled by the College, including sidewalks, streets, and adjoining public spaces. 

1.4.2.2. The College shall have the right to adjudicate any alleged violation of any provision of the Student Code of Conduct, without regard for the geographic location of the alleged violation, at the discretion of the Dean of Students. This may include violations which occur partly or entirely through electronic means. 

1.4.3. The College reserves the right to initiate disciplinary proceedings for violations of the Student Code of Conduct whenever the College has jurisdiction, regardless of whether criminal or civil proceedings have been commenced. Disciplinary actions by the College are independent of any criminal or civil proceedings and the College will not consider any decision, settlement, judgment, or other outcome of a criminal or civil proceeding in the adjudication of alleged violations of this Code. The disciplinary process will not be delayed pending the outcome of any legal proceedings. 

1.5. Rights and Responsibilities

The following rights and responsibilities are the foundational principles upon which the Student Code of Conduct is based. 

1.5.1. Rights

1.5.1.1. All students have the right to engage in a free exchange of ideas, to express their views, to examine all questions of interest, explore any line of scholarship or research, and to exercise their rights to free inquiry, expression, and assembly. 

1.5.1.2. All students have the right to an education free from discrimination or harassment based on race, color, national origin, ancestry, religion, sex, sexual orientation, gender identity, marital status, age, physical or mental disability, or military or veteran status, in accordance with applicable federal, state, and local laws. 

1.5.1.3. All students have the right to procedural due process, as described in this Code, to resolve any allegation of misconduct which may be alleged against them.

1.5.1.4. All students have the right to be free from unreasonable restrictions or intrusions upon privacy, personal property, or dignity, in accordance with the provisions of this Code.

1.5.2. Responsibilities

1.5.2.1. All students are responsible for knowing and complying with the Code, as well as all local, state, tribal, and federal laws, and with all other College standards, policies, and procedures which may apply to them. 

1.5.2.2. All students have the responsibility to recognize the ways in which their actions reflect upon and affect the College and every member of the College community. 

1.5.2.3. All students have the responsibility to participate in the process of resolving allegations of misconduct, and to recognize that the process may proceed if they choose not to participate.

1.5.2.4. All students are responsible for their own actions, choices, and decisions. 

1.6. Definitions

1.6.1. Address – The local address on record with the Registrar or the email address issued by the College. 

1.6.2. Adjudication – The process by which alleged violations of this Code are resolved, including all hearings and appeals. 

1.6.3. Academic Integrity Committee – A group of faculty appointed by the Instructional Deans to adjudicate appeals of specified academic misconduct violations.  The Academic Integrity Committee is not a “governing board” or “public agency”, as those terms are defined in the Idaho Code.  

1.6.4. Academic Integrity Chair – The individual member of the faculty designated by the Dean of Students to oversee the adjudication of academic integrity violations and to chair the Academic Integrity Committee.  This term refers to the person holding the title as well as their designees. 

1.6.5. Admission – Admission, readmission, re-entry, registration, or re-registration, as a student, into any educational program at CWI. 

1.6.6. Advisor – Any individual selected by a student to assist the student during the adjudicative process.  The advisor is not permitted speak or act on behalf of the student, except in the case of adjudication of alleged sexual harassment, in which case the advisor will be required to cross-examine all parties giving statements during the hearing.  If a student does not have an advisor, they may request that one be appointed to them. If a student facing an allegation of sexual harassment does not have an advisor, one will be appointed to them. 

1.6.7. Appeal – The process by which a student may contest the outcome of a hearing, or a determination made by the Dean of Students, or designee, under this Code. 

1.6.8. Board of Trustees – The Board of Trustees of Ä¢¹½ÊÓƵÍø. 

1.6.9. Charge – An allegation of a violation of a specific provision of this Code. 

1.6.10. Code – The Student Code of Conduct, as set forth in this document, for Ä¢¹½ÊÓƵÍø. 

1.6.11. College – The Ä¢¹½ÊÓƵÍø.

1.6.12. College Community – Members of the College community include members of the Board of Trustees, employees, students, College officials, volunteers, or any other persons engaged in work on behalf of, or affiliated with, The Ä¢¹½ÊÓƵÍø. 

1.6.13. College Official – Any individual authorized or directed by the President to perform any delegated function. 

1.6.14. College Premises – Any land, building, facility, or other real property owned, leased, operated, or otherwise controlled by the College, including sidewalks, streets, and adjoining public spaces. 

1.6.15. Complainant – Any member of the College community who alleges, or is alleged to have been a victim of, a violation of the Code. In situations where a complaint is brought by a member of the faculty or staff, or in situations where a complaint is initiated by an entity outside the College, the College shall act as complainant.  In situations where the complaint is brought on behalf of an alleged victim, the victim shall be considered the complainant. When a student brings a complaint, the College may act as complainant at the discretion of the Dean of Students, except in cases of sexual harassment. 

1.6.16. Complaint – A formal statement alleging that an individual has violated one or more provisions of the Code. 

1.6.17. Consent – Consent must be informed, freely given, and mutual. If coercion, intimidation, threats, or physical force are used there is no consent.  If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this includes impairment or incapacitation due to alcohol or drug consumption, or being asleep or unconscious. There is no consent when there is force, express or implied, or use of duress or deception upon the victim.  Silence does not necessarily constitute consent.  Past consent to sexual activities does not imply ongoing future consent.  Whether an individual has taken advantage of a position of influence over an alleged victim may be a factor in determining consent.  

1.6.18. Controlled Substances – Controlled substances include, but are not limited to: cannabis, cocaine, ecstasy, heroin, LSD, methamphetamines, opioids, prescription medications, or other natural or synthetic intoxicants. 

1.6.19. Day – A day is defined as any weekday not designated by the Office of the Registrar as a holiday or administrative closure day or a day in which the College is declared closed by the President, due to exigent circumstances.  Days in which physical locations are closed but College business is being completed remotely shall be considered days. 

1.6.20. Dean of Students – The individual appointed by the President to the position of Dean of Students of The Ä¢¹½ÊÓƵÍø. This term refers to the person holding the title as well as their designees. 

1.6.21. Designee – Any person to whom a specific authority or responsibility has been delegated by the Board of Trustees, President or other College official. 

1.6.22. Finding – A formal determination that an alleged violation of College policy is more likely than not to have occurred. 

1.6.23. Hearing – An investigative and adjudicative proceeding in which a student is afforded rights provided for in the Code. 

1.6.24. Hearing Officer – The Dean of Students or any other person or entity authorized by the Dean of Students to conduct hearings, determine whether a violation has been committed, and determine sanctions.  The term “Hearing Officer” also includes the decision-maker designated to make a determination of responsibility for sexual harassment complaints under the College’s Title IX Grievance Procedures.   

1.6.25. Instructor – Any member of the faculty or other person responsible for instruction related to an academic course. 

1.6.26. Interim Action – A formal limitation or requirement imposed upon a student as a result of an alleged violation, for a limited time, pending a formal adjudication and subject to the limits set forth in this Code. 

1.6.27. Investigator – Any person with specific knowledge, experience, and training in the investigation of allegations of sexual assault, sexual harassment, dating/domestic violence or stalking who has been appointed by the Office of General Counsel to investigate allegations involving sexual harassment. Investigators may also be used in cases not involving allegations of sexual harassment where it is determined to be appropriate. 

1.6.28. Notification – Documented communication between the College and a member of the College community via written communication sent to a CWI-issued e-mail address or local address on record with the Registrar.

1.6.29. Organization – Any group of students which meets the definition of Registered Student Club as defined in this Code. 

1.6.30. Organization Advisor – A member of the College faculty or staff who has been identified as, and accepted the roll of advisor for a Registered Student Club, as defined in this Code. 

1.6.31. Policy – Any rule or regulation which has been duly passed, enacted, and published by the College or the Board of Trustees.  

1.6.32. President – The individual appointed by the Board of Trustees to the position of President of The Ä¢¹½ÊÓƵÍø. This term refers to the person holding the title as well as their designees. 

1.6.33. Registered Student Club or Organization – Any student group recognized by the College as an organization which is authorized to identity itself as being associated with the Ä¢¹½ÊÓƵÍø and which has taken the required steps to maintain recognition. 

1.6.34. Respondent – Any student who is alleged to have violated a provision of this Code.

1.6.35. Sanction – A formal notice, limitation or requirement imposed upon a student as a result of adjudication. 

1.6.36. Student – Any person who, at the time of an alleged violation of this Code, meets one or more of the following requirements: 

1.6.36.1. Any person enrolled in one or more courses at or through CWI, either full-time or part-time, degree-seeking, or non-degree-seeking, on campus, through distance learning, or as part of any cooperative program, effort, or agreement. 

1.6.36.2. A person notified of acceptance for admission to the College. 

1.6.36.3. A person who, prior to completing adjudication of alleged violations, withdraws or is otherwise separated from the College. 

1.6.36.4. A person who, though not currently enrolled, is eligible to enroll in one or more courses without completing an application for admission.

1.6.37. Title IX Coordinator – The CWI employee designated by the College to coordinate efforts to comply with Title IX responsibilities.  As used in these procedures, the Title IX Coordinator includes the Title IX Coordinator and the Deputy Title IX Coordinators. 

1.6.38. Violation – A breach of one or more provisions of this Code.

1.7. Disciplinary Records

1.7.1. All records pertaining to the student conduct process will be maintained by the Dean of Students for a period of not less than seven (7) years following the last semester in which a Student was enrolled at the College. In cases where a student is suspended or expelled, all student conduct records will be maintained permanently. A student may inspect their own records by completing a records request, or by scheduling an appointment with the Dean of Students. 

1.7.2. If a student is suspended or expelled, this will be noted on a student’s transcript, which is maintained by the Registrar. 

1.7.3. The release of student disciplinary records will be governed by applicable College regulations and procedures as well as state and federal law. 

2. Standards of Conduct

Purpose

This section provides information on the specific actions and behaviors which are prohibited by the Student Code of Conduct.

2.1. Standards Related to Academic Integrity

One of the College’s Core Themes is Instructional Excellence, and in order to achieve instructional excellence, academic integrity must be upheld. Academic Integrity is the “commitment to five fundamental values: honesty, trust, fairness, respect, and responsibility. … these five values, plus the courage to act on them even in the face of adversity, are truly foundational to the academy” (The Fundamental Values of Academic Integrity, 2013).

2.1.1. Academic Honesty - Representing one’s own learning, ideas, and work with integrity. The following actions represent violate the College’s expectations of Academic Honesty and constitute Academic Dishonesty. Academic Dishonesty includes, but is not limited to:

2.1.1.1. Submitting the work of another person or entity as your own.

2.1.1.2. Intentionally using or attempting to use any unauthorized assistance, including, but not limited to, materials, notes, study aids, devices, or communication of any kind during an academic exercise, including, but not limited to, quizzes, tests, or examinations.

2.1.1.3. Use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments.

2.1.1.4. The acquisition, without permission, of tests or other academic material belonging to a member of the College faculty or staff.

2.1.1.5. Engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class instruction.

2.1.1.6. Submitting work which has been submitted, in whole or in part, in a previous or concurrent class without instructor approval.

2.1.1.7. Preparing or providing work with the knowledge or intention that it may be represented as the work of another.

2.1.1.8. Sharing or disseminating tests, notes, slides, presentations, recordings, or any other material which is the intellectual property of an instructor or of the College without prior approval, when prohibited. This does not prohibit a Student from sharing their own papers, notes, or other written works in accordance with Article 2.1.1.7.

2.1.1.9. Falsifying, misrepresenting, or fraudulently presenting academic work.

2.1.1.10. Using the work of another without giving proper credit and citation of source material using an approved style.

2.1.1.11. Attempting to obtain a grade or other academic credit through improper means or otherwise subverting the educational process by any means whatsoever.

2.1.1.12. Soliciting, assisting, concealing, or attempting any act of academic dishonesty.

2.1.2. Maintenance of the Learning Environment – The College is committed to educational excellence and recognizes that to achieve that excellence, learning must occur in a safe environment which limits disturbances and is civil in all aspects of interaction. Behavior that has a negative impact on the learning environment is prohibited and includes, but is not limited to:

2.1.2.1. Disruption, obstruction, or behavior which interferes with teaching and/or learning processes including:

2.1.2.1.1. Communication or noise that is inappropriate in form or timing.  Examples include, but are not limited to; offensive comments, acting in a hostile or aggressive manner, questioning the authority and/or credentials of the instructor, off topic comments or posts on discussion boards,  listening to music, talking out of turn, or talking over others.

2.1.2.1.2. Behavior that distracts others in the learning environment may include persistently arriving late or leaving early, use of technology that is inappropriate or distracting, or intentionally distracting others.

2.1.2.1.3. Behavior that interferes with the ability of others to participate in the learning environment or incites other to do so.

2.1.2.2. Incivility - Behavior that is disrespectful and causes members of the community to believe they are unable to express their views, when such expression would otherwise be appropriate given the context of the learning environment.

2.1.2.3. Failure to comply, within a learning context, includes, but is not limited to,

2.1.2.3.1. Failure to comply with the directions of an instructor or other authorized leader of a learning experience who is performing their duties.

2.1.2.3.2. Failure to comply with any published reasonable guidelines, policies, procedures, or regulations for the learning environment.

2.1.2.4. Repeated Violations – An alleged third, or more, violation of any part of Article 2.1. of the Student Code of Conduct may be addressed as an independent violation by the Academic Integrity Committee.

2.2. Offenses Relating to Sexual Harassment

2.2.1. Sexual Assault – Any nonconsensual sexual act classified as a forcible or nonforcible offense under the uniform crime reporting system of the Federal Bureau of Investigation, including when the victim lacks capacity to consent.

2.2.2. Dating Violence – Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and/or the frequency of interaction between the persons involved in the relationship.

2.2.3. Domestic Violence – Felony or misdemeanor crimes or allegations of crimes of violence committed by a current or former spouse or intimate partner of the victim, a person with whom the victim shares a child in common, a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, a person similarly situated to a spouse of the victim under the domestic or family violence laws of Idaho, or any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. 

2.2.4. Stalking – engaging in a course of conduct (repeated acts of nonconsensual contact involving the victim or a family or household member of the victim) directed to a specific person that would cause a reasonable person to fear for their safety or the safety of others; or suffer substantial emotional distress.  

2.2.5. Forcible Fondling – Intentional or attempted contact with the private body parts of another person without consent.

2.2.6. Indecent Exposure – Intentional display of a person’s genital area, buttocks, or other area as specified by local, state, tribal, or federal law, with the intent or foreseeable consequence of causing or forcing another person to observe said area against said person’s will.

2.2.7. Other Acts of Sexual Misconduct – Any other act of a sexual nature which disrupts or negatively impacts the educational mission of the College, including but not limited to public displays of pornography; possession, creation, or distribution of child pornography; the exchange of money, goods or services in exchange for any sexual activity; sexual exploitation; causing another person to witness or observe any sexual act without clear, voluntary consent; videotaping, photographing or otherwise recording sex acts without the clear, voluntary consent of all individuals involved; or sexual activity between persons who are related to each other within the degrees wherein marriage is prohibited by law.

2.2.8. Retaliation – Any act of reprisal, including intimidation, threats, coercion, or discrimination, related to the reporting of, or participation in, any complaint or adjudication of alleged sexual harassment.

2.3. Offenses Related to Persons

2.3.1. Acts of Violence

2.3.1.1. Physical Assault or Abuse – Any action which serves to cause physical harm to another person or which may reasonably be expected to cause physical harm to another person or which causes reasonable fear that physical harm will be done to another person.

2.3.1.2. Violent Disruption or Incitement – Any violent action taken with the intent of disrupting any College function, action, or operation or any behavior which serves to direct, encourage, support, or otherwise motivate others to take violent action, regardless of the outcome. This policy shall not be construed to restrict the legal exercise of protected free speech.

2.3.2. Threats - Any statement or action which clearly communicates, or which a reasonable person would interpret as, a threat of, or intent to commit, an act of violence regardless of the method of communication.

2.3.3. Hazing – Any action required of, suggested to, or imposed upon current or potential members of a group which produces, or is reasonably likely to produce, bodily harm, humiliation, ridicule, substantial interference of academic efforts, significant impairment, or endangerment of physical, mental, or emotional well-being, regardless of the consent of the participants.

2.3.4. Harassment

2.3.4.1. Unreasonable Conduct – Intentional conduct which both does cause a person distress or fear and would cause a reasonable person distress or fear. No threat or overt act of violence is required for conduct to be unreasonable.

2.3.4.2. Bullying – Any intentional, repeated, and aggressive act, whether physical, verbal, or otherwise communicated with the intent to cause another person physical, mental, or emotional harm or which is intended to coerce an individual to act or refrain from acting.

2.3.4.3. Harassment via Technology – Use of electronic or other technology, without a valid purpose, to intentionally intimidate, embarrass, ridicule, or humiliate another person. This includes the creation or distribution of video, audio, or photographic files without the consent of all parties recorded or photographed which could foreseeably intimidate, embarrass, ridicule or humiliate and does cause another person to be intimidated, embarrassed, ridiculed, or humiliated.

2.3.5. Reckless Disregard – Any act taken without due concern for the risk it presents to others.

2.4. Offenses Related to Property

2.4.1. Willful or Malicious Damage or Destruction of Property – Any intentional or reckless action which results in the damage or destruction of property owned by another person, entity, or the College.

2.4.2. Arson – Any intentional or negligent action which causes or is likely to cause a fire in any building, area, or open space not specifically designed or intended for that purpose, regardless of the extent or lack of damage to buildings, grounds, or property.

2.4.3. Reckless Conduct Presenting a Danger to Property – Any intentional act which presents a significant risk of damage to property.

2.4.4. Trespassing – Entry into any location, space, building, or room where entry is prohibited, either by posted sign, locked door, written or oral directive, or other clear restriction.

2.4.5. Unauthorized Entry – Entry into any building, room, location, or space where a person does not have a reasonable expectation of access or right of entry or where the conditions of authorized entry, such as payment or presentation of proper identification, have not been met.

2.4.6. Misuse of Emergency Reporting Systems – Activating any emergency response system, including emergency call boxes, fire alarm pull stations, the 911 reporting system, or any other system designed for use in reporting an emergency, when no emergency exists.

2.4.7. Theft

2.4.7.1. Stealing – Taking property which belongs to another person or entity without authorization, payment, or other explicit permission.

2.4.7.2. Fraud – Attempting to defraud by means of deception, bad checks, forged or stolen credit or ID cards, possession or use of counterfeit currency, or other means.

2.4.7.3. Identity Theft – Using the identity of another person or entity, including the use of state identification, with the intent of misrepresenting oneself as another for any reason.

2.4.8. Vandalism – The intentional defacement of public or private property, including posted signs, notices, and approved flyers.

2.5. Offenses Related to Health, Welfare, or Safety

2.5.1. Weapons

2.5.1.1. Explosives – Possessing, carrying, or using any device which is intended or designed to explode or any device which a reasonable person would believe, either through appearance, markings, or otherwise, to be a device intended or designed to explode without a valid educational purpose.

2.5.1.2. Firearms – Possessing, wearing, carrying, transporting, or using firearms on College premises, except for authorized law enforcement officers, authorized campus security officers, and persons licensed to carry an enhanced concealed weapon permit under the provisions of Idaho Code § 18-3302K.  No person shall carry a concealed firearm when intoxicated or under the influence of drugs or alcohol.

2.5.1.3. Objects Perceived as Firearms – Possessing, carrying, or using an airsoft, BB, paintball, pellet, or water gun, or any other object which a reasonable person may believe to be a firearm, due either to appearance, situation, markings, or other means, on College premises.

2.5.1.4. Knives – Possessing, carrying, or using any knife with a blade longer than 2.5 inches anywhere on College premises without a valid educational purpose, or the use of a knife in any manner alleged to be inconsistent with applicable laws, including the concealed carry of a knife without a permit, regardless of location.

2.5.1.5. Other Dangerous or Deadly Weapons – Possessing, carrying, or using ammunition, arrows, batons, blow-darts, blow-dart guns or tubes, bows, brass knuckles, nunchuks, sling shots, swords, or other dangerous or deadly weapons on College premises or the use of any other dangerous or deadly weapons in any manner alleged to be inconsistent with applicable laws, regardless of location.  A dangerous or deadly weapon means a weapon, device instrument, material, substance, or biological agent that is used for, or is readily capable of, causing death or serious bodily injury. 

2.5.1.6. Any Object Intended for Use as a Weapon – Possessing, carrying, or using any object intended for use as, or used as, a weapon, regardless of the original purpose of the object.

2.5.1.7. Misuse of Personal Safety Devices – Students are permitted to carry pepper spray, stun guns, and other legal personal safety devices not otherwise prohibited; however students choosing to carry such devices are responsible for ensuring that they are properly secured and maintained and only used in cases of emergency.

2.5.2. Threats to the Safety of Others

2.5.2.1. Bomb Threats – Communicating the existence of an explosive device, placed in any location, to any individual or entity, by any method, whether or not the communication is accurate, for any purpose other than a legitimate concern for the safety of persons or property.

2.5.2.2. Tampering with Safety Equipment – Tampering with, disabling, or damaging alarms, cameras, defibrillators, electronic surveillance equipment, extinguishers, fire sensors, first aid kits, pull stations, sprinklers, smoke detectors, or other safety equipment.

2.5.2.3. Tampering with Entries or Exits – Tampering with doors, door alarms, door locks, door handles, elevators, push bars, windows, window alarms, window locks, window screens, or other devices designed to provide entry, exit, or security for any College building.

2.5.2.4. Failure to Evacuate – Failing to evacuate any building after an alarm has been activated or notice has otherwise been given of a fire, fire drill, false alarm, or other order to evacuate.

2.5.3. Controlled Substances

2.5.3.1. Manufacture or Production – The manufacture or production of any controlled substance, regardless of intended use.

2.5.3.2. Sale or Distribution – The sale or distribution of any controlled substance, with or without the exchange of money, goods, or services, including possessing a controlled substance with the intent to sell or distribute.  Intent may be established by the presence of paraphernalia commonly associated with distribution, by the manner in which the substances are packaged, or by the volume of the substance possessed.

2.5.3.3. Driving Under the Influence– Operating any vehicle while under the influence of any controlled substance, including alcohol, except as prescribed and directed by a medical professional.

2.5.3.4. Use or Possession – The use or possession of any controlled substance without legal authorization.

2.5.3.5. Misuse of Medication – Knowingly misusing legally prescribed medications or using non-prescription medications in a manner other than their directed use.

2.5.3.6. Possession of Paraphernalia – The possession of any item primarily intended for, designed for, or which can be demonstrably linked to, the manufacture, sale, distribution, use, or possession of a controlled substance. Such items include, but are not limited to, bongs, bowls, grinders, pipes, scales, and vaporizers.

2.5.4. Alcohol

2.5.4.1. Sale – The sale of alcohol either directly or indirectly without a license.

2.5.4.2. Providing Alcohol to a Minor – Purchasing, serving, supplying, or otherwise providing alcohol to a person under the legal age permitted by the State of Idaho.

2.5.4.3. Underage Possession or Consumption – Possessing, carrying, consuming, or being under the influence of alcohol while under the legal age permitted by the State of Idaho.

2.5.4.4. Public Intoxication – Any action taken under the influence of alcohol which requires intervention by members of the College community, law enforcement, medical staff, or other persons to ensure the health, safety, or physical well-being of the student in question, another individual, or property or to prevent disruption of normal operation of the College or another entity.

2.5.4.5. Public Consumption – Consuming alcohol or possessing or carrying an open container containing alcohol in any public space, including anywhere on College premises, except as specifically authorized.

2.5.5. Disorderly Conduct – Acting in an unreasonable manner which has the potential to disturb or alarm another person or to provoke a breach of the peace.

2.5.6. Smoking – Use of a pipe, cigar, cigarette, chewing tobacco, or other smoking device, including e-cigarettes, vaporizers, and other inhalation-based nicotine delivery devices on any College premises, unless inside a private vehicle which is at least 50 feet from any building located on College premises, or other any other action which violates the CWI Smoke-Free Campus Policy.

2.6. Offenses Related to the Operation of the College

2.6.1. Misuse of Resources – Use or misappropriation of College space, facilities, funds, supplies, equipment, labor, material, or other resources without authorization.

2.6.2. False Information – Knowingly providing false information to a College official.

2.6.3. Failure to Comply – Failing to comply with the directions of any College or public official who has identified themselves while acting in the performance of their duties or failing to comply with any sign, requirement, notice, or directive that has been posted by an agent of the College.

2.6.4. Misuse of College Documents – Forgery, alteration, or other misuse of College documents or records.

2.6.5. Misuse of ID Cards – Loaning, borrowing, altering, or replicating College, state, or federal ID cards or failing to present or surrender a College ID card upon the request of a College or public official.

2.6.6. Business Activities – Attempting, directly or indirectly, to sell any item or thing of value, or engaging in any other business activity on campus without written authorization. Registered student clubs must receive authorization from Student Engagement prior to engaging in business activities.

2.6.7. Solicitation – Requesting, directly or indirectly, money, physical or intellectual property, or any other thing of value, without written authorization.

2.6.8. Responsibility for Guests – All students are responsible for the behavior of any individuals they may invite or otherwise bring to campus, including assuring compliance with all College policies and procedures.  This includes the expectation that students will supervise, or otherwise provide for the supervision of, any minor children whom they bring to campus for any reason, unless that minor child is a Student. Guests, including the children of enrolled students, are not permitted to attend class with a student without prior authorization.

2.6.9. Operating an Unregistered Club or Organization – Operating an unregistered student organization which represents itself, either through name, action, or other means as being affiliated with the College or which utilizes services or resources reserved for clubs and organizations without authorization.

2.7. Offenses Related to Information Technology

2.7.1. Unauthorized Access of Resources – Unauthorized access or attempted access of any electronic resource to alter, duplicate, read, transfer, or otherwise use the contents for any purpose.

2.7.2. Interfering with Access or Operations – Any technological attempt to interfere with the work of any member of the College community or any attempt to interfere with the normal operations of the College’s technological infrastructure.

2.7.3. Malicious Software or Hardware – Knowingly or intentionally installing, allowing to be installed, or attempting to install a computer virus, any other malicious hardware or software, or hardware intended to monitor usage, subvert one or more security measures, or degrade the efficiency of computing systems.

2.7.4. Technology Use Agreements – Violations of any provision of a College hardware or software use agreement.

2.7.5. Other Information Technology Policies – Violation of any other computer or network use policies not listed above.

2.8. Acts Against the Administration of the Code

2.8.1. Failing to Comply with Interim Actions – Failure to comply with the requirements imposed in conjunction with an interim action as described in Article 3.

2.8.2. False Complaints – Initiating a complaint or charge with knowledge that no such violation has actually occurred or without evidence to reasonably suggest the commission of a violation of this Code. A determination that no violation has occurred, alone, is not sufficient to conclude that a student made a false complaint.

2.8.3. Discouraging a Complaint – Discouraging or attempting to discourage any person from filing a complaint alleging a violation of this Code.

2.8.4. Influencing a Witness – Any intentional act which attempts to discourage, interfere with, or otherwise alter or inhibit the testimony of any person identified as a witness in any adjudication.

2.8.5. Influencing a Code Officer – Any intentional act which attempts to intimidate or influence an administrative hearing officer, limited hearing officer, appeals officer, or other person charged with administering any portion of this Code.

2.8.6. Retaliation – An act taken against an individual, including threats, intimidation, coercion, or discrimination, due to their participation in the procedures set forth in this Code.

2.8.7. False Statement – Knowingly providing information for use in any adjudication which is known or believed to be false, with the intent to deceive.

2.8.8. Noncompliance – Failing to comply with a sanction or any provision, limitation, or other restriction issued in conjunction with a completed or ongoing adjudication.

2.9. Other Acts of Misconduct

2.9.1. Aiding and Abetting – Persons assisting in any violation of this Code may be subject to adjudication.

2.9.2. Knowingly Present – Any person who is knowingly present for the commission of a violation and does not take steps or to remove him or herself from the location of the violation, or to report the violation, may be subject to adjudication.

2.9.3. Alleged Violation of Local, State, Tribal, or Federal Laws – Any act not specifically addressed by this Code but which may violate local, state, tribal, or federal law is subject to adjudication under this Code regardless of whether it is investigated by civil or criminal authorities or the subject of any legal proceeding.

2.9.4. Violations of College Policy – Violations of any other approved and posted College Policy.

2.10. Offenses Related to Student Organizations

While the freedom of students to associate is guaranteed, the College has the right to regulate organizations which are affiliated or otherwise associated with The Ä¢¹½ÊÓƵÍø. 

2.10.1. Misuse of Resources – Use or misappropriation of College space, facilities, funds, supplies, equipment, labor, material, or other resources which are not available to the general public or which have not been reserved or otherwise authorized.

2.10.2. Organizational Hazing - Any action required of, suggested to, or imposed upon current or potential members of a group which produces, or is reasonably likely to produce, bodily harm, humiliation, ridicule, substantial interference of academic efforts, significant impairment, or endangerment of physical, mental or emotional well-being, regardless of the consent of the participants.

2.10.3. Responsibility for Guests and Events – Failing to properly control the activities and behaviors of guests, speakers, vendors, and other entities who are invited by the organization to facilitate or otherwise execute an event, including failing to assure guest compliance with all College policies or procedures, or failing to properly plan an event to ensure the safe and orderly execution of the event.

2.10.4. Violations of the Club Handbook – The policies set forth in the Club Handbook apply to all Registered Student Clubs, events planned by those organizations, and members or other students acting on behalf of those organizations.

3. Interim Actions

Purpose

This section describes the procedures used in the event that the College becomes aware of information that would indicate that it needs to take immediate action to protect the CWI Community or its members.

3.1. Interim Actions

3.1.1. If the Dean of Students, has reasonable cause to believe a student poses a serious and direct threat to the health or safety of one or more members of the campus community, or to the continued effective operation of the College, an interim action may be imposed to mitigate or remove the threat. Any interim action is temporary and shall only be enforced until the completion of adjudication. Interim actions against a respondent to a formal complaint under Title IX, other than emergency removal, shall not include any disciplinary sanction until a final determination regarding responsibility. 

3.1.2. Issuance of Interim Actions

3.1.2.1. Upon being made aware of a situation which may warrant an interim action, following an individualized safety and risk analysis, the Dean of Students may alter or suspend the rights of a student. The Dean of Students will base the decision on all available information and determine what action, if any, is appropriate to mitigate or remove a serious and direct threat to the health or safety of one or more members of the campus community, or to the continued effective operation of the College.

3.1.2.2. The decision to suspend the rights of a student for an interim period will be communicated in writing to the student and will become effective upon notification to the student, regardless of any meeting or communication which may occur prior to the issuance of the interim action. This notification will include information as to the reason for the interim action, including the date, time, and location of the alleged behavior, if available. The notice will also include information on the respondent’s right to challenge the interim action. Failure or refusal to accept, access, or read the notification will not invalidate or postpone this action, alter the date and time of any scheduled proceedings, or be considered as a basis for appeal.

3.1.3. The Dean of Students may place any appropriate restriction, limitation, or condition on a student’s activity, up to and including banning a student from any or all property owned, operated, leased, or controlled by the College; limiting a student’s access to a subset of College property or services; or requiring or prohibiting certain specified activities.

3.1.4. Challenging an Interim Action

3.1.4.1. Upon receiving notice of an interim action, a student may challenge the interim action at any time.  The notice of interim action will include information on how a student may request a meeting with the Dean of Students to make such a challenge.

3.1.4.2. Upon being notified that an Interim action is being challenged, a meeting shall be scheduled within three days of the request being made, unless otherwise requested by the student.

3.1.4.3. During the meeting, the student will be provided an opportunity to share information and evidence which may be relevant to the decision to issue an interim action. The Dean of Students may ask questions of the student as well. Witnesses or other testimony are not permitted at this meeting.

3.1.4.4. The student is permitted to bring an advisor of choice to the meeting, or may request that an advisor be appointed when notifying the Dean of Students of their challenge.

3.1.4.5. The Dean of Students may determine that the interim action is appropriate in light of the information presented in the challenge, or may determine that the interim action is no longer appropriate and modify it or remove it.

3.1.4.6. The decision of the Dean of Students is final and is not subject to appeal.

3.1.5. Interim actions shall remain in effect until a final decision has been made on the complaint or until the decision is altered by the Dean of Students.

3.2. Interim Actions for Organizations

If the Dean of Students, has reasonable cause to believe that an organization, or the actions undertaken by an organization, pose a serious and direct threat to the health or safety of one or more members of the campus community, or to the continued effective operation of the College, an interim action may be imposed to mitigate or remove the threat. The procedures used shall be the same as those in Article 3.1. and the President of the organization shall represent the organization throughout the process.

4. Procedures for the Adjudication of Alleged Misconduct

Purpose

This section reviews the procedures which will be used for each type of alleged misconduct, as well as the procedures and protections which are generally applicable to all processes.

4.1. Generally Applicable Procedures

4.1.1. Administrative Process - The Code is an administrative rather than a judicial process and as such, legal concepts, definitions, limits, objections, processes, procedures, regulations, and standards, do not apply unless otherwise expressly noted in this Code or required by law. The adjudication of an alleged violation of the Code will be conducted without regard for concurrent legal proceedings or timelines. The Dean of Students may determine that a brief delay is appropriate if a law enforcement agency believes that moving forward will endanger a criminal investigation, or if there is a high probability that inculpatory or exculpatory information may be available within a reasonably short timeframe.

4.1.2. Deviations from Established Procedures - The procedures in the Code are designed to promote fairness and will be adhered to as faithfully as possible. If exceptional circumstances necessitate deviation from these procedures, such deviation shall not invalidate the outcome of the process unless the fundamental right to a fair hearing or another legal right has been denied.

4.1.3. Standard of Proof - The standard of proof necessary for a determination that a violation of any provision of this Code has occurred is a preponderance of the evidence. This means the information available to the hearing officer supports the finding that the violation is more likely to have occurred than not occurred. All hearings shall be conducted on the basis that the respondent is not in violation and the burden shall not be upon the respondent to show a lack of responsibility.

4.1.4. Enrollment During Adjudication - Except as noted in Article 3, the student’s enrollment status shall remain unchanged pending the completion of adjudication. Adjudication shall continue without regard to a student’s decision to withdraw from classes at any point between the alleged violation and completion of adjudication. All pending disciplinary matters for a respondent must be resolved prior to the awarding of any degree or certificate. The College will not unreasonably delay the resolution of outstanding disciplinary matters when a respondent has completed all requirements for the awarding of their degree or certification.

4.1.5. Freedom from Self-Incrimination - No participant in the Adjudicative process, including any complainant, respondent or witness will be required to present testimony that is self-incriminating. The option of a respondent to avail themselves of this provision will not be considered as an admission of responsibility. The College will proceed, without regard for a respondent’s choice to invoke this provision, to make a determination as to responsibility based upon the information available at the time of the hearing. A participant’s choice to omit information in relation to this provision will not be considered as grounds for appeal.

4.1.6. Amnesty Provisions– In order to ensure that all possible information is available to the hearing officer and participants in the hearing, the Dean of Students or designee, may at their discretion, choose not charge students with alleged violations based solely on information provided during any investigative process or adjudication. In cases alleging sexual misconduct, the complainant will not be charged for any violations which may have occurred in relation to the alleged misconduct related to the use of alcohol or controlled substances. This will also extend to other possible violations, unless such behaviors presented a clear danger to one or more members of the campus community or to the effective operations of the College.

4.1.7. Advisors

4.1.7.1. Students may have, at their own expense and initiative, one advisor present at all meetings and official proceedings. A student may request that an advisor be appointed to them, if they choose. In cases of Sexual Harassment, an advisor will be appointed if the either party does not identify one.

4.1.7.2. An advisor may be present, but shall not speak for, or present the case for, the student or otherwise participate directly in the meeting or proceeding. In cases of Sexual Harassment, an advisor is required to cross-examine all parties and witnesses making statements during the hearing.

4.1.7.3. It is the student’s responsibility to make appropriate arrangements for the advisor to attend the hearing. A hearing will not be delayed or rescheduled based solely on the unavailability of an advisor.

4.1.7.4. The College will directly communicate with the student or organization.  Where a student has an advisor, the College will include the advisor in all communications relating to an allegation of Sexual Harassment.

4.1.7.5. A student may dismiss or replace their advisor at any time prior to the start of the hearing. Once a hearing has begun, a student may choose to dismiss their advisor, and proceed without an advisor, but a new advisor may not be appointed during the hearing. In cases of Sexual Harassment, an advisor for either party may only be dismissed during a hearing if the advisor refuses to perform their role of cross-examination, or if they refuse to ask permissible, relevant questions on behalf of the complainant or respondent which may reveal information likely to alter the outcome of the hearing. The party must request permission to dismiss their advisor from the hearing officer, who will review the request in light of all available information and make a determination, which will be stated on the record. The hearing officer will determine whether the advisor subject to a request for dismissal requires clarification of their role or if the hearing will be recessed to assign a new advisor. If an advisor is dismissed, a new advisor will be appointed and the hearing will be rescheduled after a period of time to allow the new advisor to confer with the complainant or respondent and to review all available information and evidence. The hearing officer shall determine whether it is appropriate to resume the hearing where it left off, or whether the hearing must be started anew to address the failure of the dismissed advisor to conduct cross-examination. 

4.1.8. Witnesses

4.1.8.1. The College may request the attendance at a hearing of any witnesses who may have information regarding the alleged violations. The names of all requested witnesses will be included in the record of the adjudication. 

4.1.8.2. A complainant or respondent may call witnesses to speak on their behalf. Parties must provide notice of their intent to bring witnesses prior to the day of the hearing.  In cases of sexual harassment, a list of all witnesses requested to attend must be provided to the hearing officer at least 5 days prior to the date of the hearing.

4.1.8.3. A Witness, other than an expert witness, must have actual knowledge pertaining to the alleged violations.

4.1.8.4. Cross-examination of witnesses will occur following each witnesses statement. The witness will be questioned first by the party calling the witness, then by the opposing party (if applicable). All questions must be determined by the hearing officer to be relevant prior to being asked of the Witness. A reason for any question not allowed will be stated on the record. Questions which are repetitive, clearly irrelevant, in violation of relevant victim-shield laws, or which are presented in a manner which is derogatory, accusatory, or are otherwise uncivil may be disallowed. The hearing officer has sole discretion as to the permissibility of each question. 

4.1.8.5. The failure or refusal of a witness to present information at a hearing, following a request by the complainant or respondent or the College, shall not be grounds for appeal or delay of the hearing.

4.1.9. If the alleged complainant in a case involving an alleged crime of violence, or any case addressed under the procedures described under Article 4.2., is deceased as a result of the alleged crime or violation, the next of kin shall be treated as the alleged complainant for all proceedings under this code.

4.2. Adjudication Procedures for Alleged Violations of Sexual Harassment

4.2.1. Upon receipt of a signed complaint by a complainant or by the Title IX Coordinator and receipt of a final investigative report into the details of the complaint, adjudication of alleged violations of Article 2.2. of this Code, inclusive of all sub-articles, shall occur in accordance with the following procedures.  In the event that a complaint or investigative report is received which does not allege any violations of Article 2.1., the procedures set forth in Article 4.4. shall be used. In the event that a complaint or investigative report contains allegations both of violations addressed in Article 2.2. and violations addressed in Articles 2.3. through 2.10., the process below will be used to adjudicate all allegations. Alleged violations of Article 2.1. will be adjudicated using the procedures in Article 4.3. in a separate hearing.

4.2.2. Notification

4.2.2.1. When an incident of misconduct is alleged, the allegation will be reviewed by a hearing officer who will determine what, if any, provisions of this Code may have been violated. If the hearing officer determines that one or more provisions may have been violated, the complainant and respondent will be notified of the alleged violations in writing. This notification shall include the provisions alleged to have been violated, the source of the allegation, and the date, time, and location of the alleged violation, if available.

4.2.2.2. This notice will refer the complainant and respondent to the section of the Code which addresses procedures applicable to the adjudication of allegations of misconduct involving sexual harassment and will notify the complainant and respondent of their ability to schedule a meeting with the hearing officer prior to the date and time of the hearing to review any evidence or information to be used during the hearing and ask questions regarding the hearing process.

4.2.2.3. The notice will also inform the complainant and respondent of the date, time, and location for a hearing to resolve the matter. This hearing will be scheduled at least 10 but no more than 30 days from the date of the notice and will be scheduled to avoid conflicting with any registered class, examination, or other academic commitment. Other conflicts may be accommodated at the discretion of the hearing officer.

4.2.2.4. At the request of the complainant or respondent, any party may participate in the hearing remotely, utilizing appropriate technology to ensure that all parties have full and equal ability to participate in all aspects of the hearing.

4.2.3. Hearing Procedures

4.2.3.1. All portions of the hearing shall be recorded. This recording will become part of the student’s record and will be provided to the complainant and respondent upon request.

4.2.3.2. Student conduct hearings are closed to the public. The only people present for all parts of the hearing are the hearing officer, complainant, respondent, and their designated advisors. If a participant has a disability which may require an additional individual to be present, this accommodation must be determined by the Student Disability Services prior to the day of the hearing.

4.2.3.3. At the discretion of the hearing officer, and with the consent of the students involved, in situations in which multiple students are alleged to have committed interrelated violations of this Code, the hearings for all involved students may be consolidated into a single hearing.

4.2.3.4. Any information, including the College investigative report, police reports, information discovered by the hearing officer or other investigators, academic records, and any other information available to the hearing officer may be considered by the hearing officer in the course of determining responsibility and sanctioning. All information available to the hearing officer will be made available to the complainant and respondent, and their advisors, in compliance with all relevant laws and regulations.

4.2.3.5. During the hearing, both the complainant and respondent will have the opportunity to present any information they believe to be relevant to the alleged violations. The hearing officer may place a reasonable limit on the length of time allotted to the statements or may determine that a statement is not relevant to the alleged violations and ask the party to return to the topic at hand. In a case where statement time is limited or a statement is disallowed for reasons of relevance, the hearing officer will state the reason on the record. The decision of the hearing officer is final.

4.2.3.6. The services of an expert witness may be obtained by a complainant or respondent for a hearing involving sexual harassment. Information regarding the name and qualifications of any expert witness must be provided to the hearing officer at least 5 days prior to the date of the hearing.  The hearing officer shall determine whether the expert witness is qualified to provide information relevant to the matter at hand prior to any other statements by the expert witness or any questioning by parties. This determination shall be communicated in writing and the decision is final.

4.2.3.7. During deliberations, the hearing officer will only consider information which was included in the evidence shared with both parties prior to the hearing and all evidence or information which was presented during the hearing process.  

4.2.3.8. Following the hearing, the hearing officer will communicate the outcome of the adjudication in writing to the complainant and respondent within 5 days of the date of the adjudication. The notification of outcome will notify the complainant and respondent of both the findings of the adjudication, the rational for this finding, any sanctions which have been imposed, the reason for their imposition, as well as the completion or due date of each sanction. In situations in which multiple students are accused of policy violations related to a single incident, the outcome of hearings may be communicated within 5 days of the date of the hearing with the last student alleged to have been involved.

4.3. Adjudication of Alleged Academic Misconduct

When a faculty member believes there to be sufficient evidence that an academic integrity violation may have occurred, the following procedures will apply.

4.3.1. Reporting - All allegations of academic misconducted must be reported within 30 days of the discovery of an alleged violation. Instructors are encouraged to report all alleged misconduct, but in order to ensure due process, instructors are required to report misconduct which may result in the issuance of one or more sanctions.

4.3.2. Case Review - Reports of Academic Misconduct will be reviewed by the Academic Integrity Chair who will determine the proper action or forum for each allegation to be addressed. The Academic Integrity Chair may review material, perform a preliminary investigation, or take other steps to determine the proper action, at their discretion. This determination is not subject to appeal. Possible actions and forums include:

4.3.2.1. Insufficient Information to Proceed - If there does not appear to be credible information to indicate a violation occurred, the case will not be pursued through the formal academic conduct process.

4.3.2.2. Instructor Led Resolution - Cases of alleged academic misconduct which are best handled through effective classroom management, through classroom or program policy, and/or through class-based sanction shall first be addressed by the instructor.

4.3.2.3. Academic Misconduct Hearing – An academic misconduct hearing may be used in cases where: the alleged academic misconduct contains alleged violations of non-classroom based violations, the type or severity of the allegation warrant it, it is requested by the instructor, the respondent, or another interested party, or the alleged misconduct occurs outside the scope of a course or program.

4.3.2.4. Case Referred to the Dean of Students - Cases of academic misconduct will be routed to the Dean of Students if the nature of the violation is of an egregious nature as to suggest that suspension or expulsion may be necessary or where interim actions, including removal from a course, may be appropriate. The Dean of Students may refer the case to another form of resolution following review.

4.3.3. Case Resolution Types -  Cases will be resolved in one of the following ways:

4.3.3.1. Case Not Pursued - If there does not appear to be credible information to indicate a violation occurred or was attempted, the case will not be pursued through the formal academic conduct process. The information may still be retained by the College to document that the situation was reviewed.

4.3.3.2. Informal Response - If the situation is concerning but does not appear to be a violation there may still be an educationally based institutional response without formal conduct charges.  A student who disagrees with this response may request a formal hearing.

4.3.3.3. Formal Response – An official proceeding to determine whether any violations have occurred.

4.3.4. Notification

4.3.4.1. When an allegation of academic misconduct has been alleged and reviewed, the student will be notified of the alleged violations in writing. This notification shall include the provisions alleged to have been violated, the source of the allegation, and the date, time, and location of the alleged violation, if available. This notification will also refer students to the section of the Student Conduct Code which addresses procedures applicable to the adjudication of academic misconduct as well as process to be used in this case.

4.3.4.2. This notification of an alleged violation may also be sent to the relevant instructor, the instructor’s supervisor, the relevant Instructional Dean, and the Dean of Students, as appropriate.

4.3.5. Procedures for Instructor Led Hearings

4.3.5.1. Upon receiving the notification from the instructor, the student is given the opportunity to present any information or evidence which may assist the instructor in reviewing the case and/or mitigate the sanctions being imposed. This meeting will occur at a time which is mutually agreeable to both parties, not to exceed 10 days. If a student chooses not to participate, the meeting will occur without their input.

4.3.5.2. The instructor will also gather any other applicable information that would assist in rendering a decision on the case, and this information will be shared with the student prior to the date of the meeting, subject to applicable laws.

4.3.5.3. Following the meeting, the instructor will review all of the information available regarding the case and make a determination as to responsibility and, if appropriate, class-based sanctions.  Class-based sanctions may include loss of points, grade reduction, retake of a test or examination, extra work, failure of an assignment, failure in the course, or a combination of these or other penalties as outlined in the course syllabus. Instructors may not assign sanctions that are outside of the scope of the class without approval from the Academic Integrity Chair.

4.3.5.4. Should the misconduct have potential program-based implications, the instructor will notify the program of the allegation, who may opt to hear the case in the place of, or in conjunction with, the instructor, utilizing the procedures for instructor led hearings.

4.3.5.5. The instructor and program, if applicable, will also notify the Academic Integrity Committee of the decision and any sanctions within 5 days of notifying the student.

4.3.6. Procedures for Academic Misconduct Hearing

4.3.6.1. An academic misconduct hearing occurs when a member of the Academic Integrity Committee reviews the information related to a case, makes a finding of responsible or not responsible for each alleged violation, and issues sanction(s) for any findings of responsibility.

4.3.6.2. During the Academic Misconduct Hearing process, students will be able to ask questions about the student conduct process, review the complaint of misconduct, as well as any other relevant case information, such as the substance of information received from witnesses,  respond to the information by providing their perspective on the incident and alleged behaviors, bring forth witnesses to the incident in question to be interviewed, accept or deny responsibility for the alleged violation(s), and provide any information related to sanctions (if applicable), including what they may have learned from the incident or any factors to be considered at sanctioning

4.3.6.3. A hearing is the responding student’s chance to review the case information, share any information they believe to be relevant, and question any witnesses or evidence they believe to be relevant. The respondent may bring an advisor, subject to the limitations in Article 4.1.6.

4.3.6.4. The respondent will have 5 days to respond to the notice and schedule a day and time for the hearing. Failure to do so will result in a hearing date being scheduled, providing at least 3 days’ notice and taking the student’s academic schedule into account. This hearing will occur, regardless of the respondent’s choice to attend.

4.3.6.5. Prior to the hearing, the hearing officer will collect information in preparation for the hearing. The hearing officer can gather information from the respondent, complainant, and any other individuals involved in the case, as appropriate.

4.3.6.6. The respondent has an option to request an information meeting with the hearing officer prior to the hearing. During the meeting, the student may review the information regarding the case and ask the hearing officer questions about the academic conduct process.

4.3.6.7. When possible, hearings will occur in person. The student may request the hearing happen virtually, and the request will be granted unless the hearing officer deems a virtual meeting to be inappropriate due to the nature or circumstances. The refusal to hear a case using virtual means may be appealed to the Dean of Students prior to the scheduled date of the hearing.

4.3.6.8. In general, the only participants are the hearing officer and the respondent. Depending on the nature of the allegations, a complainant and their advisor may be present, and any relevant witnesses, subject to the limitations in Article 4.1.7. Witnesses will only be present to share their information and answer questions, and will then be excused.

4.3.6.9. There are four sections of a hearing: a review of the conduct process, the presentation of case information (including any witnesses), the respondent’s statement, and final questions and closing remarks. Questions are welcomed at any point in the hearing process, though the hearing officer may place reasonable limits on the number, nature, or format.

4.3.6.10. Following the hearing, the hearing officer will review all of the information available regarding the case and make a determination as to responsibility and, if appropriate, sanctions. Any prior violations of the Code will only be reviewed in the context of sanctioning, after a student has been determined to be responsible.

4.3.6.11. Following the hearing, the hearing officer will communicate the outcome of the adjudication in writing to the respondent within 5 days of the date of the hearing. The notification of outcome will notify the respondent of both the findings of the hearing, the rational for this finding, any sanctions which have been imposed, the reason for their imposition, as well as the completion or due date of each sanction. In situations in which multiple students are accused of policy violations related to a single incident, the outcome of hearings may be communicated within 5 days of the date of the hearing with the last student alleged to have been involved.

4.3.7. Enrollment During Adjudication – A student’s status in a course remains unchanged during the period of adjudication, though a student may choose to alter their status, or it may be necessary for the College to take steps to ensure an effective learning environment.

4.3.7.1. Voluntary Removal – A student may choose to remove themselves from a class prior to or during adjudication. While this is not prohibited, it does not alter the process and the allegations will be addressed as listed above. In the case that a student is found responsible for an academic integrity violation, their enrollment in the course will be restored and the student will be prevented from withdrawing from the course.

4.3.7.2. Involuntary Removal – An instructor has the responsibility to maintain an environment conducive to learning the integrity and environment within the classroom. As such, an instructor may, when appropriate, remove a student from the classroom during class, and take steps to affect such a removal. If a situation warrants a students’ removal from the classroom for a period of time longer than the class session in which the disruption occurred, refer to Article 3, Interim Actions.

4.3.8. Regardless of the hearing format, an educational record will be maintained of all alleged violations and any relevant proceedings. Notice of the outcome of any proceeding may be sent to any parties with a need to know, including instructors, program heads, department chairs, instructional deans, or other similar parties.

4.4. Adjudication of All Other Allegations of Misconduct

4.4.1. Adjudication of violations of this Code not addressed by procedures detailed in Article 4.2. or 4.3. shall be adjudicated in accordance with the following procedures.

4.4.2. Notification

4.4.2.1. When an incident of misconduct is alleged, the allegation will be reviewed by a hearing officer who will determine what, if any, provisions of this Code may have been violated. If the hearing officer determines that one or more provisions may have been violated, the student will be notified of the alleged violations in writing. This notification shall include the provisions alleged to have been violated, the source of the allegation, and the date, time, and location of the alleged violation, if available.

4.4.2.2. This notification will refer students to the section of the Code which addresses procedures applicable to the adjudication of misconduct and will notify the student of their ability to schedule a meeting prior to the date and time of the hearing to review any evidence or information to be used during the hearing and ask questions regarding the hearing process.

4.4.2.3. The notice will also inform the student of the date, time, and location for a hearing to resolve the matter. This hearing will be scheduled at least 5 days from the date of the notice and will be scheduled to avoid conflicting with any registered class, examination, or other academic commitment. Other conflicts may be accommodated at the discretion of the hearing officer.

4.4.2.4. At the request of the respondent student, organization, or complainant (where applicable), any party may participate in the hearing remotely, either through the use of written statements via email, or through other telephonic or technological means which are mutually agreeable to the requesting party and the hearing officer.

4.4.3. Hearing Procedures

4.4.3.1. All parts of the hearing, including statements by witnesses and the respondent student, shall be recorded. This recording will become part of the student’s conduct record and will be provided to the respondent upon request.

4.4.3.2. Student conduct hearings are closed to the public. The only people present for all parts of the hearing are the hearing officer, the respondent, the student’s advisor and, in cases where a complainant has been identified, the complainant and their advisor.

4.4.3.3. At the discretion of the hearing officer, and with the consent of the students involved, in situations in which multiple students are alleged to have committed interrelated violations of this Code, the hearings for all involved students may be consolidated into a single hearing.

4.4.3.4. Any information, including police reports, witness statements, statements made by respondents, information discovered by the hearing officer or other investigators, academic records and any other information deemed to be relevant to the situation may be considered by the hearing officer in the course of determining responsibility and sanctioning. All information considered by the hearing officer will be made available to the student, subject to legal restrictions.

4.4.3.5. During the hearing, both the respondent and the complainant, when identified, will have the opportunity to present any information they believe to be relevant to the alleged violations. The hearing officer may place a reasonable limit on the length of time allotted to the statements or may determine that a student’s statement is not relevant to the alleged violations. In a case where a student’s statement time is limited or a statement is disallowed for reasons of relevance, the rationale for this ruling will be communicated during the recorded portion of the hearing.

4.4.3.6. Following the hearing, the hearing officer will communicate the outcome of the adjudication in writing to the respondent and any persons identified as a victim within 5 days of the date of the adjudication. The notification of outcome will notify the student of both the findings of the adjudication and any sanctions which have been imposed as well as the completion or due date of each sanction. In situations in which multiple students are accused of policy violations related to a single incident, the outcome of hearings may be communicated within 5 days of the date of the hearing with the last student alleged to have been involved.

4.5. Adjudication of Alleged Organizational Misconduct

The procedures used shall be the same as those above. The President of the organization shall be the sole representative of the organization throughout the process.

4.6. Waiver of Certain Rights

Except in cases adjudicated under article 4.2. students may voluntarily waive one or more rights including, but not limited to, the right to call witnesses or the right to an advisor in order to take part in an expedited hearing process. The choice to waive or exercise any right granted under this Code shall not affect the outcome of the hearing or any sanctions.

4.7. Development of Procedures

The Dean of Students shall ensure that procedures and systems are in place to collect, document and address alleged violations of the Student Code of Conduct and is empowered to develop administrative procedures as needed to accomplish this, including the designation of hearing officers.

5. Sanctions

Purpose

This section provides information on possible sanctions which may be imposed if a student is found responsible for an alleged violation.

5.1. Range of Sanctions

Potential sanctions include, but are not limited to, those listed below and may be issued alone or in combination. Sanctions must be developmental, educational, preventative, or restorative in nature or intent. The hearing officer may consider any information which he or she believes to be relevant in determining appropriate sanctions, including prior conduct. The hearing officer will provide a rationale which describes the general purpose and goals of the assigned sanctions.

5.2. Academic Sanctions

These sanctions may only be issued in conjunction with violations of article 2.1. unless otherwise directed by the Academic Integrity Chair or the Dean of Students.  Administrative sanctions listed in Article 5.3. may also be applied, as appropriate.

5.2.1. Academic Censure – A written warning that behaviors exhibited are inconsistent with the values and standards set forth by the College and are not acceptable behavior for students of the College.

5.2.2. Adjustment of Grade on an Examination, Paper, Quiz, Test, or Other Assignment – A reduction in letter grade, points, or percentage on work determined to be connected to the violation.

5.2.3. Failure of an Examination, Paper, Quiz, Test, or Other Assignment – A directed grade of zero or F on work determined to be connected to the violation.

5.2.4. Adjustment of Course Grade – A reduction in letter grade for the course in which a violation occurred.

5.2.5. Failure of a Course – A directed grade of F or NP assigned for the course in which the violation occurred.

5.2.6. Suspension – An involuntary separation of a student from the College for a stated period of time, not to exceed 3 years. While suspended, a student is barred from all College premises and is prohibited from participating in College-sponsored activities. A notation of the imposition of this sanction is made on the student’s transcript at the time the suspension is enacted. Suspension is imposed for a period of time appropriate for the type of violation and the student’s history of violations of this Code. A grade of W will be entered for all courses, except for the course or courses in which academic misconduct was found to have occurred, in which case, a grade of F or NP will be entered. Prior to the lifting of a suspension, all other imposed sanctions must be completed unless otherwise noted in the written notification of sanctions or at the discretion of the Dean of Students. This sanction may only be issued in consultation with the Dean of Students.

5.2.7. Expulsion – Permanent, involuntary separation from the College. When expelled, a student is barred from all College premises and is prohibited from participating in College-sponsored activities. A notation of the imposition of this sanction is made on the student’s transcript at the time that the expulsion is enacted. A grade of W will be entered for all courses, except for the course or courses in which academic misconduct was found to have occurred, in which case, a grade of F or NP will be entered. This sanction may only be imposed by the Dean of Students.

5.2.8. Revocation of Degree – Revocation of a previously awarded academic degree. This sanction may only be imposed in situations where it has been determined a degree was obtained as a result of fraud or a significant portion of the work submitted in fulfillment of, and indispensable to the attainment of, said degree was obtained via one or more acts of academic misconduct. This sanction may only be imposed by the Dean of Students.

5.3. Administrative Sanctions

5.3.1. Alteration of Student Status – These sanctions alter a student’s fundamental relationship with the College.

5.3.1.1. Reprimand – An official written disciplinary warning that the student’s behavior is in violation of the Code, and that if the student is subsequently found in violation of a similar policy, additional sanctions may be imposed.

5.3.1.2. Probation – Removal of a student from good conduct standing. Imposition of this sanction prevents a student from representing the College in extracurricular activities or serving in formal leadership roles on campus. It is a formal warning to the student that the behaviors exhibited by the violation are unacceptable in an educational community and serves as notice that any further violations of any provision of this Code will call the students right to remain a member of the College community into question. Probation is issued for a stated period of time appropriate to the type of violation and the student’s history of violations of this Code, after which time a student’s good standing is restored.

5.3.1.3. Suspension – An involuntary separation of a student from the College for a stated period of time, not to exceed 3 years. While suspended, a student is barred from all College premises and is prohibited from participating in College-sponsored activities. A notation of the imposition of this sanction is made on the student’s transcript at the time the suspension is enacted. Suspension is imposed for a period of time appropriate for the type of violation and the student’s history of violations of this Code. A grade of W will be entered for all courses, except in the case of academic misconduct, in which case, in which case, a grade of F or NP will be entered. Prior to the lifting of a suspension, all other imposed sanctions must be completed unless otherwise noted in the written notification of sanctions or at the discretion of the Dean of Students.

5.3.1.4. Expulsion – Permanent, involuntary separation from the College. When expelled, a student is barred from all College premises and is prohibited from participating in College-sponsored activities. A grade of W will be entered for all courses, except in the case of academic misconduct, in which case, in which case, a grade of F or NP will be entered. A notation of the imposition of this sanction is made on the student’s transcript at the time that the expulsion is enacted.

5.3.2. Educational Sanctions – Educational sanctions are intended to provide students with an opportunity to reflect and learn from the adjudication of a violation or attempt to restore or promote the academic environment of the College community. Common educational sanctions include, but are not limited to:

5.3.2.1. Class or Workshop – Required attendance at a class or workshop designed to educate students as to the risks and consequences of exhibited behaviors. Any assigned classes shall be non-credit bearing and will not be reflected on a student’s transcript. The student is responsible for any costs associated with participation in a class or workshop.

5.3.2.2. Community Service – Completion of a specified number of community service hours. Specific requirements, such as location or type of service or specific verification requirements may be imposed by the hearing officer.

5.3.2.3. Mandated Assessment – A mandatory assessment by a counselor employed by the College or by a licensed health care provider in the community. Based upon such an assessment and upon the recommendation of a licensed healthcare provider, a student may be required to attend follow-up meetings, sessions, or assessments. The student is responsible for any costs associated with this assessment.

5.3.2.4. Restitution – Payment of specified costs incurred by the College. These costs may include, but are not limited to, the cost to repair or replace items or facilities which were damaged, destroyed, stolen, or vandalized and may include the cost of time and labor for temporary and permanent repairs and any associated cleaning costs. Estimates may be used in determining restitution.  Restitution may not be used to pay costs incurred by any person or entity other than the College.

5.3.2.5. Restriction on Activity – Restriction of a specific activity directly related to a violation for a specified period of time.

5.3.2.6. Written Assignment – A designated written activity related to the specific violation(s), which may include a research paper, reflection paper, or letter of apology.

5.3.3. Any sanction may be issued in a conditional status, contingent upon compliance with a designated set of conditions, including appropriate future conduct for a period of time. In these situations, failure to comply with the designated conditions will result in the enactment of the conditional sanction immediately. Conditional sanctions may only be appealed at the time of issuance.  Appeals at the time of enactment will not be considered timely and will not be heard.

5.3.4. Sanctions shall be considered in effect at the time they are communicated in writing to the student, either in person or in writing to a student’s College issued e-mail address. The Registrar and the Office of Financial Aid shall be notified, as appropriate, following the expiration of the appeal deadline or following the completion of any appeal proceedings.

6. Procedures for Appeal

Purpose

This section describes the procedures in place to file an appeal of the outcome of a hearing.

6.1. Information Regarding Appeals

An appeal is not a new hearing; it is a procedural safeguard to ensure students receive a fair hearing and equal access to rights granted in this Code. An appeal may be filed by a respondent, or by a complainant or respondent in cases adjudicated under Article 4.2. The person filing the appeal is referred to as the appellant. 

6.2. Basis for Appeal

6.2.1. Procedural Irregularity – An allegation of material procedural irregularity which both a) denied the appellant a right set forth in the Code or provided by law and b) likely altered the outcome.

6.2.2. New Evidence – An allegation that there is evidence which a) is likely to have altered the outcome and b) was not available at the time of the hearing. Failure to present evidence or information available at the time of the hearing is not grounds for appeal.

6.2.3. Bias or Conflict of Interest – An allegation that the hearing officer had a conflict of interest or bias for or against complainants or respondents generally which likely altered the outcome of the matter. Allegations must be based on specific actions, behaviors, or statements. Appeals based on stereotypes or generalizations of hearing officer characteristics will not be accepted.

6.3. Burden of Proof

The burden of proof rests on the appellant to show a valid basis for appeal. The appellant must show that it is more likely than not that the alleged basis for appeal exists and affected the outcome of the hearing.

6.4. Timeline for Appeal

6.4.1. An appellant has three days following the receipt of written notification of the outcome of adjudication to file an appeal. Receipt of written notification of the outcome of adjudication is considered to have occurred when it is sent via e-mail to the student’s College-issued e-mail address. The choice by a student not to regularly access their College-issued e-mail address is not grounds for an extension.

6.4.2. Extensions shall be granted at the sole discretion of the Dean of Students and shall only be granted for good cause or in exceptional circumstances where the failure to file an appeal within the designated period was demonstrably outside the control of the appellant. The decision of the Dean of Students to grant or deny an extension shall be communicated in writing to the student and shall be final.

6.4.3. A final determination on all appeals shall be made within 5 days of receipt of the appeal.

6.4.4. Appeals which are not submitted within the timeline specified in Article 6.4.1. and are not granted an extension under Article 6.4.2. will not be considered.

6.5. Procedures for Appeal

6.5.1. If a student believes there is a basis for appeal, as defined above, a timely appeal, as defined in Article 6.4., must be submitted using the appropriate form, available at . The appeal must include a complete description of the basis for appeal and all supporting information and evidence which the appellant wishes to have considered in the disposition of the appeal. Appeal forms submitted with no supporting information will not be considered.

6.5.2. In cases where an appeal is filed in a case adjudicated under Article 4.2., if the complainant or respondent files an appeal, the party not filing an appeal will be notified that an appeal has been filed, as well as the basis for the appeal, and will be given an opportunity to submit any information or evidence which they believe should be considered by the appeal officer. Both parties will be notified of the outcome of the appeal.

6.5.3. In cases adjudicated under Article 4.3.5., students should attempt to address the issue with the instructor. If that is unsuccessful, the primary appeal officer shall be the instructor’s supervisor.  Appellants have the right to appeal the decision of a primary appeal by the supervisor to the Academic Integrity Committee.

6.5.4. In cases adjudicated under Article 4.3.6. the appeal shall be heard by the Academic Integrity Committee.

6.5.5. When an appeal request is received, it will be reviewed to determine if it states a basis for appeal, as defined in Article 6.2., and provides information or evidence to support the appeal. If the appeal does not state a basis, or does not contain information or evidence which supports the appeal, it will be dismissed without review. If an appeal states a basis and provides information to support the appeal, it will be forwarded to an appeal officer, who will determine the outcome of the appeal based solely on the information and evidence submitted.  This determination is not subject to further appeal.

6.6. Outcomes

The following are the potential outcomes for an appeal:

6.6.1. No Basis for Appeal – A determination that sufficient evidence is not presented in the appeal to show that the stated basis for appeal exists. The appeal is denied without further action.

6.6.2. Decision Upheld – Upon review of the information and evidence submitted, it is determined that the hearing was free of procedural irregularities which likely altered the outcome, was free from bias or conflict of interest and/or that any new evidence presented was either available at the time of the hearing or is unlikely to have altered the outcome of the hearing.

6.6.3. Decision Modified – Sufficient information or evidence was provided, and the appeal officer has determined that a modification of sanctions is appropriate. A modification may only remove a sanction or reduce the length or severity of a sanction modifying a student’s status.

6.6.4. Decision Overturned – Sufficient basis for an appeal exists and a directed finding of Not Responsible for all charges is appropriate to redress the issues raised in appeal.

6.6.5. Remand for a New Hearing – Sufficient basis for an appeal exists and a new hearing is appropriate to evaluate new evidence, to correct a procedural error, or to provide the parties with an opportunity for a hearing before a neutral decision maker.

7. Interpretation and Review

Purpose

This section describes how interpretations of the Student Code of Conduct are determined and how it is reviewed.

7.1. Interpretation

The Dean of Students shall be responsible for ensuring the application and administration of the Student Code of Conduct. Interpretation of the Code shall be at the discretion of the Dean of Students for final determination.

7.2. Formal Review

7.2.1. The Student Code of Conduct shall be reviewed in its entirety not less than once every three years, and more frequently upon the written recommendation of the Dean of Students and with the approval of the appropriate member of the Executive Operating Team.

7.2.2. The member of the Executive Operating Team shall appoint a committee consisting of one member of the student body, one member of the faculty, and one member from the Office of General Counsel.

7.2.3. The co-chairs of the committee shall be the Dean of Students and the Academic Integrity Chair.  The member representing the students shall be recommended by the ASCWI President. The member representing the faculty shall be recommended by the Faculty Senate.

7.2.4. If any party fails to recommend a member within 30 days of being formally requested, the Dean of Students shall make such recommendations as necessary to appoint all members listed in Article 7.2.2.

7.3. Notification

Following approval of any amendments to the Code, they shall be considered in effect on the day following the date that written notification, to include the internet address (URL) where the amended version of the Code can be found, is sent to all students via e-mail from the Dean of Students.

2.1 Sex Offenders Statement and Protocol

Purpose

Idaho State Code Title 18 Chapter 83 specifies sexual offender registration notification and the community right to know. A registered sex offender is defined as a person who exhibits characteristics showing a tendency to victimize or injure others and has been convicted of a sex crime listed in Idaho State Code 18-8301-8329, has been convicted of attempting to commit one of those crimes, or has been found guilty except for insanity of one of those crimes. 

Under certain circumstances, community corrections personnel are required to engage in a notification process related to the registered sexual offender. This policy exists to safeguard the health and wellbeing of the campus community and to address how CWI will respond when notified that a registered sex offender is present on campus. 

A. Notice of Enrollment

At times, community corrections personnel may notify the college that a registered sex offender is enrolled or plans to enroll. In such cases, college staff may choose to follow and/or modify the procedure below to meet the needs of the situation.

Not all students who are sex offenders may be on the Idaho State Policy list. To this end, we require that any applicant or current student at CWI who is also a registered sex offender notify the Dean of Students immediately. Notification is done via the .

The Idaho State Police will notify CWI in writing when an applicant is identified as a registered sex offender currently on supervision.

Upon such notification, the Dean of Students or their designee will consult with the Parole and Probation Officer to ascertain the level of risk posed by the student to the campus community, and to develop an appropriate plan to manage such risk. The Parole and Probation Officer is responsible for providing the college with accurate information related to risk level, and for recommending notification strategies.

In developing the college’s response to the individual and the level of risk, the Dean of Students or their designee shall consider the following issues:

Primary consideration is to the risk assessment and recommendations of the Parole and Probation Officer.

The interests of individuals in the campus community in having a safe learning and/or employment environment versus the privacy needs of the individual.

The educational context of the student’s intended enrollment (e.g., whether the registered sex offender, currently on supervision, is required by the college to have close contact with individual(s) in a private setting).

Other factors appropriate to the individual sex offender, and the work or academic environment setting.

The student may be required to meet with the Dean of Students or their designee to discuss Ä¢¹½ÊÓƵÍø policies and procedures. The student may be required to enter into a behavior contract with the institution. The contract will be reviewed annually.

If notification is deemed necessary, the Dean of Students or their designee may work with other appropriate departments on campus. Notification includes, but is not limited to: the person’s name and address; a physical description; vehicle; any conditions or restrictions placed upon the person’s probation, parole, post-prison supervision or conditional release; a description of the person’s method of offense; a current photograph of the person; and the name and telephone number of the person’s parole and probation officer.

The Parole and Probation Officer shall notify the Dean of Students or their designee prior to the first term during which a registered sexual offender plans to enroll. The Dean of Students or their designee may consult as necessary to assess if modifications to the college’s intervention plan are necessary, and/or to notify parties based on changes in the student’s course schedule or college status.

The appropriate Parole and Probation Officer will receive a copy of the Behavior Contract.

All students that enter into a Behavior Contract are bound by all institutional rules and regulations, including the Student Code of Conduct. Therefore, those who do not cooperate will be subject to student conduct action and/or emergency action upon the College’s directive.

Priority registration is given to a student who is a minor who enrolls in a class with a student who is a known sex offender. The college will make reasonable efforts to register the non-minor whether in an online platform, a different day/time, etc.  

For additional information, contact the Dean of Students at 208.562.2106.  If you have any questions or problems, please contact our office, between 8 a.m. - 5 p.m. Mountain Standard Time, for further assistance. 

2.2 Vaccinations

Purpose

The Idaho State Board of Education requires that post-secondary institutions in Idaho provide current information on vaccine-preventable disease to each student at the time of admission or enrollment for classes. The Idaho Immunization Program has developed the following information to serve as a resource to Idaho’s post-secondary institutions and students attending these institutions. 

Listed below are the main vaccination related items post-secondary institutions must share with students. The links listed after each item will connect you to the appropriate information.  

A. Vaccine preventable disease symptoms and risks

Including those risks associated with group living arrangements for adolescents and adults.

• Information from the Centers for Disease Control and Prevention (CDC) on all .
• Information from the CDC on first-year college students living in residence halls and serogroup B .

B. Current vaccination recommendations by the Centers for Disease Control and Prevention.

Vaccination schedule from CDC for students 7-18 years old:  

• English Version:
• Spanish Version:

Vaccination schedule from the CDC for students 19 years of age and older

• English Version:  

Information from the CDC on what vaccines are recommended for adults by age, adults with health conditions, pregnant women, healthcare workers, international travelers, and immigrants and refugees: .

C. Information regarding where the vaccinations can be received.

Information from the Idaho Immunization Program on where you may be able to get vaccinated. .

D. The benefits and risks of vaccinations

Including specific information for those persons at higher risk for the disease.

3.1 General Complaint Procedures for Students

Purpose

Students may use the following procedures to formally question the application of any College regulation, rule, policy, requirement, or procedure not otherwise covered by a more specific policy or procedure as outlined above. 

Step One:

The student should meet with the staff or instructor concerned to discuss the complaint and to attempt to arrive at a solution. This meeting should occur no later than ten business days after the action, which resulted in the complaint.

Step Two:

If the student’s complaint is not resolved at Step One, the student must, within ten business days of the Step One meeting, submit a written complaint to the next level in the supervisor of the staff or instructor involved. The complaint must be signed and dated by the student, or sent from an official CWI student email account. The name and title of the person to whom the request should be addressed can be obtained from the employee in Step One. 

If the student’s issue cannot be resolved by the Step Two administrator by telephone call or email correspondence, the supervisor shall make a reasonable effort to arrange for a meeting with the student and the employee within ten business days from the date that the request is received. If this timeframe cannot be met, the Step Two administrator will notify all parties in writing and determine a mutually agreeable time. The meeting should be informal, with a candid discussion of the problem in an attempt to find a solution. The Step Two administrator may give an oral decision at the close of the meeting, or they may choose to take the matter under advisement. Typically, the Step Two administrator will render a final decision within ten business days, informing all parties of the decision. 

Step Three:

If the student wishes to appeal the Step Two decision, they may appeal to the next level supervisor in the administrative structure of the College within ten business days from the date of the Step Two written decision. The student may obtain from the employee in Step One or Step Two the name and title of the person to whom the request should be addressed.

The appeal must be in writing, signed, dated, and sent from an official CWI student email account. Upon receiving this written appeal, the Step Three administrator will review all information concerning the complaint and appeal and render a written decision within ten business days from the date of receipt of the appeal. The Step Three administrator’s decision is final. 

In all cases, if the final decision requires any change to an official record of the College, the College employee must comply with all College regulations and procedures necessary to accomplish the change.

3.2 Grade Appeals

Purpose

The grade appeal policy and procedure is designed to provide all students at the Ä¢¹½ÊÓƵÍø with a clearly defined avenue for appealing the assignment of a course grade, following the posting of final grades. 

A final grade is the instructor’s evaluation of the student’s work and achievement throughout a semester’s participation in a course. Factors upon which the final grade may be based include attendance; recitation and class participation; written, oral, and online quizzes; reports; papers; final examinations; and other class activities. There is a presumption that the instructor who has conducted the course is professionally competent to judge the student’s work, and in the absence of convincing evidence to the contrary, has evaluated it fairly.  

If the student fails to pursue any step of the grade appeal procedure within its allotted time, the decision made in the previous step shall be final (see Steps 1 and 2, below). All correspondence and records shall be retained in the office in which the complaint is finally resolved. 

The grade initially assigned by an instructor remains in effect until and unless a change is determined by the appeal process. 

Conditions for an Appeal

In all cases, the student shall have the burden of proof with regard to all allegations in their complaint and in their request for review or hearing. Students may appeal grades they believe were improperly assigned due to procedural irregularity, new evidence, or a bias or conflict of interest. A grade appeal cannot be based upon differences in assigned grades between multi-section courses, whether or not the course sections are taught by the same instructor. 

3.3 Grade Appeal Procedure and Time Schedules

Purpose

This section describes the three-step process for students who wish to appeal a final grade which they believe was improperly assigned at the end of a course.

Step 1. Informal Consultation with Instructor.

This must be initiated within thirty calendar days of the posting of the course grade for viewing by students. The student shall first consult with the instructor in an effort to reach a satisfactory resolution of his or her appeal. It is a part of the professional obligation of College instructors to meet with students who wish to avail themselves of this academic grade appeal procedure for the purpose of reviewing the grade assigned and attempting to resolve the matter. In the event that the student cannot schedule a face-to-face meeting with the instructor, the student may attempt to consult with the instructor by email or phone, or the student may ask the instructor’s supervisor to schedule the meeting between the student and the instructor. Informal consultation is a required first step, and no further grade appeal is permitted unless informal consultation is first attempted. The only exception to this procedure is when the instructor is no longer employed by the College or is otherwise unavailable so that it is impossible to complete Step 1. If the student has attempted to contact the instructor via email and has not received a reply within ten business days, the student may proceed directly to Step 2. The instructor’s decision after the consultation must be completed and communicated to the student within ten business days of the informal consultation.

Step 2. Appeal to the Instructor’s Supervisor.

If a student wishes to appeal a grade further, they must submit a written appeal to the instructor’s supervisor responsible for the course being appealed within ten business days following the end of Step 1. The appeal to the instructor’s supervisor must be submitted in writing and must contain the student’s name, ID, the course/section, instructor, written communication resulting from Step 1, and description of how the case meets the conditions of a grade appeal. (See Conditions for an Appeal, section 3.2.) The instructor’s supervisor will then review the information provided to reach a decision. The decision will be communicated to the student and the instructor within ten business days of the receipt of the appeal.

Step 3. Appeal to Academic Integrity Committee.

If the student wishes to appeal a grade further, they may submit an appeal to the Academic Integrity Committee by sending an email to academicintegrity@cwi.edu within ten business days of the end of Step 2 or by submitting your . The appeal to the instructor’s supervisor must be submitted in writing and must contain the student’s name, ID, the course/section, instructor, communication resulting from Step 1 and 2, and description of how the case meets the conditions of a grade appeal. The Academic Integrity Committee will then review the information provided to reach a decision. The decision will be communicated to the student, the instructor, and the instructor’s supervisor within ten business days of the receipt of the appeal.  All decisions made in Step 3 are final.

3.4 Retention of Records

Purpose

As part of the College’s grade appeal procedure, instructors are required to keep grade-related materials until the appeal time frame has elapsed. Material that applies to an ongoing grade appeal process must be retained for six months following completion of the grade appeal process. Grade-related material refers to examinations, projects, term papers, records on grades, attendance records, electronic files, and other material that is used in the grading process and is not returned to the student. If materials are returned to the student, a student desiring to appeal must present any tests, examinations, term papers, or other graded material that form the basis for his or her appeal.  

3.5 Academic Record Appeal Procedure

Purpose

The Academic Record Appeal policy and procedure is designed to provide all students at the Ä¢¹½ÊÓƵÍø with a clearly defined avenue for appealing academic policies, academic deadlines, and the content of the student’s official record. 

A. Informal Appeal/Consultation with One Stop or Student Advising and Success

Students seeking exceptions to academic policies or deadlines should first contact their advisor or a One Stop Representative to explain the situation.  In some circumstances, CWI staff may help provide information and satisfactory remedies for the student.  In such cases, no further action may be required. 

B. Formal Appeal

If the student would like to further appeal any decisions or policies after consulting with their advisor or the One Stop, the student must complete an Academic Record Appeal Request form.  Once completed, the form and any accompanying, relevant documentation and evidence should be submitted.  Completed forms and documentation will be reviewed by members of the Academic Record Appeals Committee.  Decisions by the Committee must be rendered and students notified within ten business days.  In the event the form is incomplete and/or more supporting documentation is needed, members of the Academic Record Appeals Committee may contact the student for more information.  Such actions will delay the Committee’s responses and decisions.  

C. Appeal of the Committee’s Decision

Students may appeal decisions made by the Academic Records Committee by submitting a request for appeal in writing to the Assistant Vice President of Enrollment and Student Services or their designee.  This request must contain the same documentation (original or copies) submitted to the Academic Record Appeals Committee in the previous step, as well as a cover letter explaining why the Appeals Committee's decision is unsatisfactory and additional information as necessary to convey the facts in the student’s case.  The student may be contacted for more information.  Decisions will be made and communicated by the Assistant Vice President of Enrollment and Student Services or their designee ten business days after all relevant appeals materials have been received by the Assistant Vice President of Enrollment and Student Services office.  Decisions of the Assistant Vice President of Enrollment and Student Services or their designee are final. 

3.6 Appeal Proceedings

Purpose

Regardless of the nature of the appeal, neither formal rules of process and procedure nor rules of evidence, such as those applied in court, are used in proceedings under this section. 

D. Academic Grievance

From time to time, conflicts and disagreements may arise between students and their instructors; the intent of the following procedures is to provide equitable and expeditious resolutions. Academic grievances may be filed when a student feels aggrieved in (non-grade) matters concerning an academic decision, action, or judgment by an instructor. Keeping in mind that instructors are responsible for classroom management and teaching strategies, students are encouraged to use these procedures only where there is clear and convincing evidence that an instructor has treated the student unfairly, arbitrarily, or capriciously. If a faculty member or administrator fails to respond by any applicable deadline specified in this procedure, the student may move the grievance to the next step in the process.  

E. Academic Grievance Procedure

Step 1. Informal Consultation with Instructor.

This must be initiated within thirty calendar days of the course ending. The student shall first consult with the instructor in an effort to reach a satisfactory resolution of his or her appeal. It is a part of the professional obligation of College instructors to meet with students who wish to avail themselves of this grievance procedure for the purpose of reviewing the decision, action, or judgment in question. In the event that the student cannot schedule a face-to-face meeting with the instructor, the student may attempt to consult with the instructor by email or phone, or the student may ask the instructor’s supervisor to schedule the meeting between the student and the instructor. Informal consultation is a required first step, and no further grievance will be heard unless informal consultation is first attempted. The only exception to this procedure is when the instructor is no longer employed by the College or is otherwise unavailable so that it is impossible to complete Step 1. If the student has attempted to contact the instructor via email and has not received a reply within ten business days, the student may proceed directly to Step 2. The instructor’s decision after the consultation must be completed and communicated to the student within ten business days of the informal consultation.

Step 2. Appeal to the Instructor’s supervisor.

If, after informal consultation with the instructor, the student feels the issue has not been resolved and they have been treated unfairly, or arbitrarily, or capriciously, the student may submit a written grievance to the instructor’s supervisor responsible for the course being appealed within ten business days following the end of Step 1. The communication to the instructor’s supervisor must be submitted in writing and must contain the student’s name, ID, the course/section, instructor, written communication resulting from Step 1, and description of how the student has been treated unfairly, arbitrarily, or capriciously. The instructor’s supervisor will then review the information provided to reach a decision. The decision will be communicated to the student and the instructor within ten business days of the receipt of the communication.

Step 3. Appeal to the Academic Dean of the Department.

If after Steps 1 and 2 the student feels the issue has not been resolved and they have been treated unfairly, arbitrarily, or capriciously, the student may submit a . The academic dean of the department will then review the information provided to reach a decision. The decision will be communicated to the student, the instructor, and the instructor’s supervisor within ten business days of the receipt of the appeal.  All decisions made in Step 3 are final.

4.1 Involuntary Withdrawal

Purpose

The Ä¢¹½ÊÓƵÍø is committed to the well-being and safety of all its community members. Therefore, a student may be involuntarily withdrawn from the College if it is determined that the student presents a danger to self or others. Decisions for involuntary withdrawal will be made by the Dean of Students.  A decision for involuntary withdrawal will only be made after less drastic measures have been considered and rejected as inappropriate or insufficient under the circumstances. Prior to any involuntary withdrawal, a student will be encouraged to withdraw voluntarily. 

This policy does not take the place of disciplinary action for a student’s violations of College policy. This policy is to be invoked only in extraordinary circumstances where it is determined that other policies are inadequate or inappropriate. 

The standard for involuntary withdrawal is clear and convincing evidence that the student represents a danger to self or others. Examples of such circumstances include, but are not limited to, students threatening other individuals with severe bodily harm, students who are not able to care for their own basic needs to the extent that their lack of self-care represents a threat to the health of the campus community, and/or students exhibiting extremely bizarre or destructive behavior. This policy may not be used to involuntarily withdraw a student simply because they exhibit eccentric or unusual behavior. 

Prior to involuntarily withdrawing a student, the College may require that the student undergo a mandatory assessment. The evaluation will not be required if such an assessment will not be helpful in arriving at a decision. 

A student who is being considered for involuntary withdrawal shall be notified in writing by the Dean of Students or designee. If the student would like to request a meeting with the Dean of Students, they must request a meeting in writing within 48 hours of the initial notification. If a student requests a meeting, it will be conducted as soon as possible, but no later than five business days after the request is made, unless both the student and the Dean of Students agree that a further postponement is necessary. While the meeting is pending, the College may, for safety reasons, prohibit the student from being on campus or limit other student privileges or access to College facilities or resources.  

The meeting generally shall be conducted in accordance with the administration hearing process set forth in Section 3.11 above.  Thus, the meeting will be informal and formal rules of process and procedure and rules of evidence will not be used. The student may bring a parent, an advisor, or a mental health professional to the meeting. The student will be allowed to present any evidence that they believes demonstrates that involuntary withdrawal is not necessary; however, the Dean of Students may decline to hear evidence that is irrelevant or redundant. If a student fails to appear at a scheduled meeting, the Dean may reschedule at his or her discretion. 

If the College decides that involuntary withdrawal of a student is necessary, the student may appeal in writing to the Assistant Vice President of Enrollment and Student Services. Such an appeal must be filed within three business days of the notification that the student is being involuntarily withdrawn. Within three business days of the receipt by the Assistant Vice President of a notice of appeal from a student, both the Dean of Students and the student will submit written reports to the Assistant Vice President for their review. The Assistant Vice President will make a decision as soon as possible, but no later than one week after the receipt of the written reports from the Dean of Students and the student. The decision of the Assistant Vice President will be final. 

If a decision is made by the College to involuntarily withdraw a student, the Dean of Students shall immediately prepare a list of offices to be notified of the decision. The list shall include the offices of the Executive Vice President of Instruction and Student Services, the Registrar, the Dean of the School or College in which the student is enrolled, and Campus Security. Other offices may need to be notified as well, such as Financial Aid. Furthermore, the College may notify any person or office, both on campus or off campus, of its decision if the College determines such notification is necessary to protect the health and/or safety of either the student or third parties. 

Students who are involuntarily withdrawn from the College will be allowed to petition to the Dean of Students for readmission during a subsequent term. Students who have been involuntarily withdrawn will be required to present clear and convincing evidence that they no longer pose a danger to self or others. The College may impose reasonable conditions upon students readmitted after being involuntarily withdrawn. Failure to comply with conditions may result in the student being withdrawn from the College immediately. 

Students denied readmission may follow the appeal process outlined above. 

4.2 Mandated Assessments and Mental Health Concern

Purpose

The Ä¢¹½ÊÓƵÍø is concerned for every student on our campus and for our entire campus community. In an effort to more effectively serve our students and our community, a number of procedures have been put in place to help reach students who may be in need of support but who are unwilling or unable to take advantage of these services. 

A. What is a Mandated Assessment?

A mandated assessment is an opportunity for the College to determine if a student is in need of help or support. The assessment involves an individual meeting with a designated staff member. Following this initial meeting, additional services may be deemed necessary by the designated staff member. These services could include, but are not limited to, referral to Crisis Management for additional evaluation, or referral to an outside agent for additional assessment. 

B. How Does a Student get referred for a Mandated Assessment?

Any College employee or student may recommend a student for possible mandated evaluation. Reports also may come from parents/family or others concerned about a student. Once the College determines that a mandated assessment is necessary, the process is set into motion. 

C. Who Makes the Decision that a Student be provided a Mandated Assessment?

The decision is made by a team of college officials after careful consideration of the information given and determining the best course of action. 

D. What Behaviors Typically Lead to a Mandated Assessment?

Behaviors that may lead to a mandated assessment include, but are not limited to:

• Threat to others
• Concern that the student may not be fit to function in or remain in the academic community.

E. Is the assessment confidential?

Yes, the session with the counselor is confidential. However, the student will be required to sign a release of information so that the counselor can communicate with College personnel to help make recommendations for further action. No one else will have access to any information without written permission from the student being assessed. While the initial referral to assessment is part of the student’s file kept with the Dean of Students, any counseling notes are confidential and not part of the student’s file. 

F. What happens once the student is referred for assessment?

Once the team has determined that a mandated assessment is needed, the student will be contacted by a representative regarding an appointment with the staff member. This will take place as soon as possible. 

G. Can the assessment be done by someone other than the Counseling Services staff?

Yes, a student may choose to have a similar assessment completed by a licensed mental health professional with credentials comparable to those of the Counseling Services staff. The student will be responsible for the cost of this assessment and must sign a release allowing the College to communicate with the professional conducting the assessment. 

H. What happens following the assessment?

The results of the assessment are provided to the Dean of Students, who will make the decision as to what actions are necessary for the student’s well-being and the College community. Possible outcomes following the assessment could include, but are not limited to, no further action required (student continues enrollment at the College), referral to the Counseling Services staff for additional evaluation, referral to outside agency for additional assessment, possible judicial intervention, or the invocation of the Involuntary Withdrawal Policy. 

I. Does the student have the right to appeal the decision?

Yes, a student may appeal the final decision to the Dean of Students. The appeal will follow the same guidelines outlined in the Involuntary Withdrawal Policy. 

J. What if the student refuses to comply with the mandated assessment?

If a student refuses to participate in the mandated assessment, the College may begin the process of invoking the Involuntary Withdrawal Policy. 

A mandated assessment will only be one part of the overall picture of the student and will not be the sole determining factor for action taken regarding the student.