Nichols College seeks to promote the pursuit of activities that contribute to the intellectual, ethical and physical development of the individual student as well as ensuring the safety of persons engaging in those pursuits. In accordance with its responsibilities as an institution of higher education and upon the approval and acceptance by the President of the College, Nichols College establishes policies of student conduct and regulations for the use of its facilities. Therefore, it is expected that students will conduct their affairs with proper regard for the rights of others and of the College. All members of the College community share a responsibility for maintaining an environment where actions are guided by mutual respect, integrity and reason. Nichols College students are both citizens and members of the academic community. As citizens, students enjoy the same freedom of speech, peaceful assembly and right of petition that other citizens enjoy.
In seeking to encourage and support responsible behavior, Nichols College places reliance upon self-discipline, counseling and advisement. In certain circumstances where these preferred means fail, Nichols College must rely upon the rules and procedures described in this Code. In the enforcement of this code, Nichols College functions in an administrative manner. Nichols College's process affords fundamental fairness, but does not follow the traditional common law adversarial method of a court of law.
Individuals in violation of state and federal law are subject to prosecution by the appropriate state and federal authorities regardless of whether the activity occurs on or off campus. In addition, the student may be subject to disciplinary action by the College pursuant to this code. The severity of the imposed sanctions will be appropriate to the behavior.
NOTICE: The reader should take notice that while every effort is made to ensure the accuracy of the information provided herein, Nichols College reserves the right to make changes at any time without prior notice. The College provides the information herein solely for the convenience of the reader, and, to the extent permissible by law, expressly disclaims any liability which may otherwise be incurred.
I. JURISDICTION & JUDICIAL AUTHORITY
A. Nichols College Student Code of Conduct shall apply to the following:
1. Any person(s) enrolled in any course or program offered by the College at time of the alleged offense.
2. Any recognized student organization, such as Student Government Association, which is responsible for compliance with College policy, rules and regulations.
B. The Conduct Code shall be applied only in cases of conduct:
1. Occurring on campus or properties leased by the College, or
2. Involving College related personal property, or
3. Occurring at activities sponsored by the College, or
4. In which the College can demonstrate a clear and distinct interest as an academic institution regardless of where the conduct occurs and which seriously threatens (a) any educational process or legitimate function of the College, or (b) the health and safety of any member of the academic community.
C. The Dean of Students shall determine the judicial and appellate process and determine which judicial officer shall be authorized to hear each case.
D. The Dean of Students shall develop policies for administering the judicial system and procedural rules for the conduct of hearings that are consistent with the provisions of the Student Code of Conduct.
E. Decisions made by the hearing officer shall be final, pending the normal appeal process.
F. The Dean of Students may be designated as arbitrator of disputes within the student community in cases that do not involve a violation of the Student Code of Conduct.
II. VIOLATIONS
Violations include those activities which directly and significantly interfere with Nichols College's: (1) primary educational responsibility of ensuring the opportunity of all members of the community to attain their educational objectives; or (2) its subsidiary responsibilities of protecting the health and safety of persons in the campus community, maintaining and protecting property, providing living accommodations and other services.
Upon satisfactory proof that a student has violated a Nichols College policy, or procedure, the student and/or organization may be subject to disciplinary action.
The violations listed below are considered in the context of the student's responsibility as a member of the academic community; other actions, which may be considered as violations, may be defined by other documents, as, for example, the residence hall agreement.
Please note that members of the Nichols College community who invite non-students/guest to campus must be able to account for the whereabouts of their guests at all times, and they assume responsibility for their actions and behaviors. It is the sole responsibility of the host student to inform their guests of College policies. Guests must comport themselves in a manner keeping with the rules, regulations and standards of the campus community. All guests are expected to produce identification at the request of a staff member and may be asked to leave campus at the discretion of a College official. Students may be held responsible for conduct and actions of their guests. This may include any financial responsibilities for any expenses incurred.
The following violations indicate categories of inappropriate conduct or activity. Those listed below have been delineated in such a way as to give reasonable warning to students that such conduct or attempted conduct is prohibited. These definitions of violations should not be rigidly construed.
A. Educational Mission
1. Academic dishonesty, such as cheating, plagiarism, or knowingly furnishing false academic information to the College will be handled by the faculty and the Vice President for Academic Affairs. (This process is managed by Academic Affairs, please see the Nichols College Bulletin for more information)
2. Tampering with or falsifying official records. (Level 4)
3. Knowingly supplying false information to members of the Nichols College faculty, staff or administration in pursuit of their official duties. This included committing perjury during any investigative or judicial proceedings. (Level 2)
4. Harassment or discrimination based on race, color, religion, sex, sexual orientation, national origin or citizenship status, age, disability, or veteran status.
5. Unauthorized representation as a Nichols College employee, fellow student or Public Safety Officer. (Level 2)
6. Refusal to identify properly oneself to a representative of Nichols College in pursuit of their official duties. (Level 2)
7. Direct interference with a student, faculty, staff member or officer of Nichols College in the performance of his/her official duties. (Level 2)
8. Forgery or passing a worthless check or money order in payment of any financial obligation to the College community.
B. Safety and Environmental Health
1. Acts of Intolerance (see Acts of Intolerance Policy for specific information)
2. Assault on a college official (Level 3)
3. Causing the Evacuation of a building (Level 3)
4. Conduct which threatens or endangers the health and safety of any individual. (Level 2)
5. Creation of a fire hazard or other dangerous condition, including blocking hallways, stairwells and doors. (Level 1)
6. Disorderly Conduct (Level 2)
7. Substantial disruption of authorized activities. (Level 1)
8. Failure to evacuate during a fire alarm (Level 1)
a) First Offense- $50
b) Second Offense $100
c) Third Offense $150
9. Giving false reports of fire or other dangerous conditions. (Level 3)
10. Harassment or intimidation of another person. (Level 2)
11. Hazing (defined as any action taken or situation created recklessly or intentionally by an individual or organization or with the knowledge or consent of an organization) to produce mental or physical discomfort, embarrassment, ridicule to any member or prospective member, or violation of law. (Level 5)
12. Intentionally placing a person or persons in reasonable fear of imminent physical harm. (Level 2)
13. Lewd or indecent/obscene behavior. (Level 2)
14. Physical assault. (Level 2)
15. Possession or use of a non-firearm weapon (Level 3)
16. Restriction of normal traffic flow into or out of Nichols College facilities. (Level 1)
17. Sexual Assault. (Level 5)
18. Smoking in buildings, including residence halls and/or smoking within 15 feet of any building. (Level 1)
a) First Offense- $50
b) Second Offense $100
c) Third Offense $150
19. Unauthorized Demonstration. (Level 1)
20. Violation of Nichols College health/safety regulations. (Level 1)
21. Violation of motor vehicle policies. (Level 1)
22. Verbal Abuse (Level 2)
23. Exceeding Occupancy Levels
24. Inappropriate Behavior
25. Getting on roofs, tampering with and/or removing windows, screens or storm windows (Level1)
26. Violation of Nichols College "No Contact Order"
27. Violation of Nichols College "No Trespass Order"
28. Sexual Misconduct (Level 4)
C. Care of Property
1. Causing Water or Fire Damage to college property (Level 3)
2. Illegal use of network and/or computers. (See Acceptable Use of Information Technology Policy for more information)
3. Littering (Level 1)
a) First Offense- $150
b) Second Offense-$300
4. Misuse, destruction or defacement of Library material or other academic material. (Level 2)
5. Misuse, destruction or defacement of Nichols College property. (Level 2)
6. The theft, unauthorized acquisition, removal, or use of property, including computers, computer files, data, e-mail or other electronically stored information and/or service. (Level 1)
7. Trespassing or unauthorized presence on campus or related properties, including residence halls. (Level 2)
D. Violation of local, state or federal laws
1. Arson. (Level 5)
2. Assault with a weapon. (Level 4)
3. Bookmaking. (Level 5)
4. Forgery or passing a worthless check or money order in payment of any financial obligation to the College community. (Level 4)
5. Gambling. (Level 2)
6. Harassment or discrimination based on race, color, religion, sex, sexual orientation, national origin or citizenship status, age, disability, or veteran status. (Level 2)
7. Hate crimes. (Level 5)
8. Identity Theft. (Level 5)
9. Possession or use of a firearm. (Level 5)
10. Violation of Nichols College or State drug regulations or laws. (see Drug Policy for additional information)
a) Possession and/or consumption of drugs
b) Possession and/or use of drug paraphernalia
c) Distribution, sale or intent to sell drugs legal or illegal (Level 5)
11. Sale of Stolen Merchandise. (Level 5)
12. Stalking. (Level 5)
13. Tampering with or causing malfunction of fire and safety equipment or alarm systems. (Level 2)
~ $100 fine or restitution for any charges to the College, including those fines from town officials, whichever is greater.
14. Theft. (Level 3)
15. Unauthorized use or possession of explosive components, chemicals, etc., such as fireworks, explosives, gas or compressed air. (Level 2)
16. Violation of Nichols College or State alcoholic beverage regulations or laws. (see Alcohol Policy for specific information)
a) Underage possession and/or consumption of alcohol
b) Open container of alcohol
c) Possession and/or use of alcohol paraphernalia
d) Glass Bottles
e) Large quantities or common source of alcohol
f) Public Intoxication
g) Possession and/or use of False ID
h) Providing Alcohol to Minors
i) Driving under the Influence
j) 21+ in a Dry Room
k) Drinking Games
17. Murder and/or Attempted Murder (Level 5)
18. Non-negligent manslaughter (Level 5)
19. Breaking and Entering (Level 4)
E. Conduct Code
1. Continued infractions of this Code. (Level 1)
2. Failure to comply with or attempts to circumvent a sanction(s) imposed by a college official, including violating weekend suspension. (Level 2)
a) First Offense- $50
b) Second Offense $100
3. Interference with an investigation or other procedures defined in this Code. (Level 2)
4. Knowingly assisting in the violation of any of the provisions of this Code. (Level 3)
F. Residence and Related Facilities
This is not a comprehensive list. For a comprehensive list of Residence Hall Policies, refer to the "Terms and Conditions for On-Campus Housing Agreement."
1. Early/Unauthorized Arrival to the residence hall. (Level 1)
a) First Offense- $100
b) Second Offense- $150
c) Third Offense- $200
2. Failure to respond to the directive of a member of the Residence Life staff or Public Safety Officer, or interference with said directive. (Level 2)
3. Hall Sports.
Due to possible injury to a bystander or damage to the facilities, hall sports of any kind are not permitted. The use of roller blades, bikes, skateboards, and scooters is also prohibited within the residence halls. (Level 1)
a) First Offense- $50
b) Second Offense $100
c) Third Offense $150
4. Improper Check Out.
Each student must check out with a Residence Life staff member and sign their Room Condition Form. Students must leave their room in the exact condition in which it was found. Students who fail to hand in their keys will be charged to replace this key. (Level 1)
5. Noise/Quiet Hours.
It is an individual's responsibility to inform those in their community when noise has reached a disruptive level. Residence halls should be reasonably quiet at all times and "courtesy hours" are in effect 24 hours a day. Quiet hours are 10 p.m. to 9 a.m. Sunday through Thursday and 1:00AM to 10AM. on Friday and Saturday. Quiet hours are in effect 24 hours a day during final exam week. (Level 1)
6. Pets.
Students are not permitted to have pets other than fish. (Level 1)
a) First Offense- $50
b) Second Offense- $100
c) Third Offense- $150
7. Possession of appliances or flammable items to include: antennas, wiring into the electrical system, cooking with anything that has an exposed electrical element (toaster ovens, electric plates), barbecue grills, bicycle storage, door locks, holiday decorations, lofts, candles, incense, incense holders and car batteries. (Level 1)
a) First Offense- $50
b) Second Offense- $100
c) Third Offense- $150
9. Propped Doors.
Students found propping exterior doors or entering through propped doors will be subject to discipline action. Propping of doors increased the risk of theft, vandalism, and unwanted guests within the residential halls. (Level 1)
10. Removal of lounge furniture.
Furniture placed in lounges by the college are for the use of all students while they are present in the lounge. Removal of furniture from the lounge to student rooms will result in disciplinary action. (Level 1)
a) First Offense- $50
b) Second Offense- $100
c) Third Offense- $150
11. Removing/Tampering with College owned furniture.
All bedroom, common area and kitchen furniture provided by the College must remain intact and configured as it was upon move in. This includes the flipping of bed frames. Students are NOT permitted to triple bunk their beds. A clear path to doors must be maintained at all times. (Level 1)
12. Health & Safety Violations.
Residents are responsible for the cleanliness of their respective rooms/suites/apartments. Health and Safety inspections are conducted throughout the year to ensure that living areas meet community standards. Students that fail to maintain the cleanliness of their rooms will be subject to cover the cost of having the living area professionally cleaned as well as face disciplinary action. This includes the student's private bathrooms in Copper Beech, Remillard, Shamie and Kuppenheimer halls. Students who fail to clean their bathrooms private will be allowed 48 hours to clean bathrooms or bathrooms will be cleaned and all students will share a fee of $100. (Level 1)
13. Significant interference with the normal resident life of others. (Level 1)
14. Solicitation and illegal posting in the residence halls (see Posting Policy for additional information. (Level 1)
15. Unauthorized Room Change.
Students are not permitted to switch rooms/suites without authorization from the Office of Residence Life. Each student must have a sign Room Condition Form for the room in which they live. Students that change rooms without proper notification be subject to reassignment. (Level 1)
16. Violation of any other items identified in the "Terms and Conditions for On-Campus Housing Agreement." (Level 1)
17. Damage to Walls/Ceilings.
Nothing is allowed to be placed on or suspended from the ceilings. Approved wall decorations are allowed but must be attached in such a way as to not mark or damage the surfaces. Putties and non-damaging adhesive strips are available in most office and school supply stores. Duct tape should never be used to attach anything to a painted surface. (Level 1)
Note: The Terms and Conditions for On-Campus Housing Agreement between the student and the College may specify certain other conditions, which impose additional responsibilities and obligations on the residence hall student. Specific residence hall policies are listed under Residence hall policy section of this handbook.
III. SANCTIONS
The range of sanctions, which will be followed in assessing disciplinary penalties for misconduct and violations of the College rules and regulations are listed below. In the event that a student is charged with having violated more than one College rule or regulation, resulting from one single action, a combination of sanctions may be imposed. Official documentation concerning the incident will be placed in the student's file in the Office of Student Services. Repeated offenses will result in more severe sanctions.
Failure to abide by the sanctions imposed may result in sanctions including, but not limited to, loss of privileges, termination of housing contract, and/or expulsion from the College. In some instances, students may be banned from campus or the residence halls. Presence of the student in those areas may result in his/her arrest for trespassing.
Sanction List: Definitions
Change of Residency - Re-assignment of individual to a different residential room or area.
Community Restitution - Under certain circumstances, students may be required to complete a stated number of community restitution hours, special projects or educational programs, particularly when such restitution can be related to his/her violation of the Conduct Code. Students who do not complete their assigned restitution will be fined and their original restitution hours will remain in affect with a new deadline set.
Sanctions Held in Abeyance- Under certain circumstances, a student may be sanctioned but have said sanction placed in abeyance or temporarily set aside. This may be done with the agreement that no further violations of College policy will occur. Should the student be involved in additional disciplinary infractions, the original sanction would take effect pending the outcome of their judicial hearing. For example, a student may be suspended from housing but said sanction may be placed in abeyance with the understanding that future violations would reinstitute the original suspension.
Disciplinary Probation - Official notification that any further Conduct Code or policy violations (generally, during a stated period of time) will result in a range of serious sanctions. Formal written notice of this action is sent to the student and the student's parents so that all may be made aware of the consequences if such violations occur in the future.
Disciplinary Warning - A written warning to a student reminding him/her of the obligation one accepts as a student to adhere to the standards of conduct established by Nichols College community and the Student Code of Conduct.
Expulsion from the College - An individual is permanently barred from enrollment at the College and similarly banned from entering the campus grounds at any time in the future. To be found on campus may result in one's arrest for trespassing. Formal written notice of this action is sent to the student and the student' parents.
Expulsion from Residence - Permanent loss of on-campus housing. A student who is expelled from housing may not reapply for housing at any time in the future and may not enter any residence hall. A student who fails to heed such a restriction will be subject to serious disciplinary sanctions and may be arrested for trespassing. Formal written notice of this action is sent to the student and the student's parents.
Fines - Assessments to students as a result of disciplinary action may range from $25 to $500.
Individualized Sanctions - Special sanctions directly related to individual cases may be imposed in place of, or in addition to, other imposed sanctions. Examples may include substance abuse counseling/education, educational reflection papers or attendance at educational programs.
Loss of Privilege - Specific privileges revoked.
Multiple Penalties - Where deemed appropriate, the Hearing Officer may impose more than one penalty. Disciplinary probation and restitution for damages would be permissible and is an example of a multiple penalty.
Restitution - Cost of repairs, replacements and reimbursements must be paid by date specified.
Residential Probation - Official notification that any further Conduct Code or policy violations (generally, during a stated period of time) may result in the loss of housing. Formal written notice of this action is sent to the student and the student's parents so that all may be made aware of the consequences if such violations occur in the future.
Social Probation - Generally reserved for non-resident students, limits one's access to the campus for academic reasons only (classes, library, meeting with faculty or advisor). Presence in other areas (i.e. Residence Halls, Dining Hall, Field House, social events, or after certain designated hours, etc.) is not permitted. Violations of these restrictions are attended by more severe disciplinary sanctions and may include suspension or expulsion from the College and/or arrest for trespassing.
Suspension from the College - An individual is not permitted to be enrolled at the College nor enter the College grounds for a specified period of time, generally not less that one academic semester. To be found on campus during one's suspension will result in more severe disciplinary sanctions and may result in arrest for trespassing. Formal written notice of this action is sent to the student and the student's parents.
Suspension from Residence Halls - The individual is not permitted to enter any residential area for a specified period of time. To be found in these areas during this period will result in serious disciplinary actions and may result in the student's' arrest for trespassing. Formal written notice of this action is sent to the student and the student's parents.
Weekend Suspension - Suspension from on-campus residence and/or from the entire campus grounds for one or more weekends. Generally, one is suspended for weekends up to a semester or more. In such circumstances, students must be off of the campus and/or out of the residence halls between 5:00pm, on Fridays, through 5:00pm, on Sundays.
Students who are suspended for the weekend are ineligible to participate in any on or off campus college related activities.
NOTE: A student who is suspended or expelled from the College and/or suspended or expelled from on-campus residence is not eligible for a refund on his/her tuition, room, or board.
IV. INTERIM SUSPENSION
In certain circumstances, the Dean of Student Services, or a designee, may impose a College or residence hall suspension prior to the hearing before a judicial body. Interim suspension {is} similar to suspension except temporarily imposed to remove from the College, without a hearing, any student charged with a serious violation of civil or criminal law or the Student Code of Conduct. Individuals placed on Interim Suspension are not permitted to be present on campus at any time. Arrangements must be made with residential students to be escorted and to remove personal belongings from their residence hall room.
An Interim Suspension shall remain in force while an appeal is pending unless the Dean of Student Services directs otherwise.
V. VIOLATION LEVELS
All Nichols College students are expected to abide by all policies and procedures designated by the College. If a student, and/or a guest, is found in violation he/she is expected to face disciplinary sanctions for any infractions. The following Levels will be used in determining sanctions for said violations:
Level 1 - Disciplinary Warnings and/or Fines to Suspension/Expulsion from the College
Level 2 - Disciplinary Probation to Suspension/Expulsion from the College
Level 3 - Suspension from Residence to Suspension/Expulsion from the College
Level 4 - Suspension from the College to Expulsion from the College
Level 5 - Expulsion from the College
See Section III for further definitions of these sanctions. Please note that repeated violations may often raise minimum sanctions to a higher Level.
VI. DISCIPLINARY PROCEDURES
When policies and regulations are not observed the College reserves the right to take disciplinary action. The following pages highlight the Nichols College's disciplinary process.
ADMINISTRATIVE HEARING
Students accused of violations of College regulations will be subject to disciplinary action by a member of the Housing & Residence Life staff or the Student Services staff. Following what is generally an informal hearing, students found to be in violation of College policies will be subject to disciplinary sanctions. In general, decisions will be in writing and a copy given to the student and all appropriate parties, including parents (in more serious cases) and complainant(s) at the discretion of the Student Services Office.
ALTERNATIVE RESOLUTION
Some situations, including roommate conflicts, certain types of harassment or disputes, and sexual misconduct, may be best resolved in a manner different from the traditional disciplinary process. The Dean of Students has sole discretion to identify such cases and establish procedures to address them.
OTHER CONSIDERATIONS
The Office of Student Services, acting through its various departments, reserves the right to take immediate action for the welfare of the College.
Should a student charged with a violation of College policy or other misconduct whether under the advice of counsel or for any other reason choose not to participate in a College disciplinary hearing, the hearing will be conducted without benefit of his/her input. In addition, failure to participate in the hearing will result in "negative inference" being drawn that may make more likely a finding against a student. A student who chooses not to participate in a disciplinary hearing will forfeit his/her right to an appeal.
STUDENT BILL OF RIGHTS
In exercising these rights students are expected to maintain mature attitudes and must bear the responsibility to act in accordance with local, State and Federal laws, as well as those of the College. No right specified here is meant to be construed as enabling students to infringe upon the individual rights of another member of the community.
APPEAL PROCESS
Students are permitted to seek an appeal of any formal disciplinary sanctions as defined below. Appeals are heard and/or considered by College administrators according to the following:
Original Hearing - Officer Appeal Officer
Resident Director - Assistant Director of Housing and Residence Life
Director of Housing and Residence Life - Dean of Students or designee
Other College Official - Dean of Students or designee
A student seeking an appeal must file an "Intent to an Appeal Form" with the Office of Student Services within twenty-four (24) hours (excluding Federal/State holidays and weekends) of his/her hearing.
The student will then have three days to prepare and present, in writing, a formal letter of appeal to the appropriate appeal officer as outlined above, unless the well-being of the College requires greater expediency. The following are the only grounds upon which appeals may be sought:
The appeal officer will first review the grounds upon which the appeal is made and decide whether such grounds are valid. If the officer decides that there are valid grounds, she/he will review the information received from both parties and render a decision:
Under certain circumstances, the appeal officer may ask the student to schedule an appointment to discuss the appeal in person. The appeal officer is not charged to re-evaluate the truthfulness or relevance of the facts presented in the original hearing, but rather will evaluate the sanctions and decisions rendered based solely upon the two criteria stated above. The purpose of an appeal process is to foster checks and balances in the disciplinary process. The actual facts of a case, however, must always prevail; at no time will a "loop-hole" in policy or procedure be considered as the sole grounds for an appeal nor ultimately interfere with the determination of culpability and imposition of proper sanctions. The decision of the appeal officer is final.