Code of Conduct policy

Student Code of Conduct proceedings do not follow formal criminal or civil court procedures, or formal standards of evidence, although evidentiary support is needed. Student Code of Conduct proceedings are officiated by the Dean of Students, Assistant Dean of Students, and/or the Vice President for Enrollment Management and Student Achievement.

 
Reporting Procedures
Inappropriate conduct by a student may be reported to Living Center Staff, Safety and Security, Dean of Students, Assistant Dean of Students, Instructors, or any other member of the college community, including another student.
 
Reports of alleged violations are submitted in writing from Safety and Security to the Dean of Students, Assistant Dean of Students, and/or the Vice President of Enrollment Management. Reports are accepted at anytime. However, no student may be charged with an alleged violation if the report is made after one calendar year from the date that the alleged incident occurred or knowledge of the incident. This provision will apply except in incidents involving sexual misconduct and violent crimes. Sexual misconduct and violent crimes will be investigated unless it is impossible to do so based on the passage of time or the unavailability of evidence. Exceptions to this reporting timeline may be made at the sole discretion of the Dean, Assistant Dean, and/or Vice President. KCAI also reserves the right to review the conduct of a graduate. 
 
Review of Reports
The Dean of Students, Assistant Dean of Students, and/or the Vice President for Enrollment Management and Student Achievement will review all incident reports.
 
Processes
Incident Review Conference and Investigation
Upon determining that the alleged incident reported may be a violation of the Student Code of Conduct, KCAI will begin a full investigation. If deemed not a violation, the alleged incident will be dismissed.    
 
Individuals involved in the alleged incident will receive notice to meet with the Dean of Students, Assistant Dean of Students, and/or the Vice President for Enrollment Management and Student Achievement for an Incident Review Conference to discuss the allegations and options for appropriate resolution, including the determination of the appropriate code of conduct proceeding. Based on the conference, evidence, and severity of the allegation, the Dean, Assistant Dean, and/or the Vice President will determine if the student will participate in a Minor Offense Hearing, Administrative Hearing, or Code of Conduct Board Hearing. Additionally, the Dean, Assistant Dean, and/or Vice President may determine that the Incident Review Conference will serve as the student’s Minor Offense Hearing or Administrative Hearing. 
 
Notice
Following the Incident Review Conference, KCAI will provide notice to the student of the determined code of conduct proceeding within 10 business days (defined as Monday through Friday 8:30 a.m. to 5 p.m. when the college is in session). Notice will include the date, time, location, and type of the alleged unacceptable conduct, as well as the time, date, and location of the hearing. Notice will be hand delivered by Security personnel to the student in a class or studio, delivered to rooms in the Living Center, mailed via US postal service to the student’s local or current address, and/or emailed to the student’s official KCAI email account.  
 
If after receiving notice, the student and/or witnesses fail to appear at the designated time, the conference or hearing will be held in the absence of these parties by the Dean of Students, Assistant Dean of Students, and/or the Vice President for Enrollment Management and Student Achievement and the resolution and appropriate sanctions will be determined based on the available information. The student has the right to petition to reschedule and/or participate remotely in the conference and/or hearing. The petition must be submitted in writing via email or hand delivered letter to the Dean, Assistant Dean, and/or Vice President within 2 business days of receiving the notice to appear at the Incident Review Conference, Minor Offense Hearing, Administrative Hearing, or Code of Conduct Board Hearing. The student waives the right to file a petition to reschedule and/or participate remotely if not filed within 2 business days. Approval of the petition to reschedule and/or to participate remotely is at the discretion of the Dean, Assistant Dean, and/or Vice President. Acceptable means of participation remotely include Skype and phone. 
 
Code of Conduct Review Proceedings
(1) Minor Offense Hearing:
A student who does not contest the allegations of a minor offense will meet with the Dean of Students, Assistant Dean of Students, and/or the Vice President for Enrollment Management and Student Achievement. All decisions and sanctions are final with no right to appeal. In the event that the appropriate code of conduct proceeding is determined to be a Minor Offense Hearing, the Incident Review Conference may serve as the Minor Offense Hearing, and sanctions may be determined at the time of the conference. 
 
(2) Administrative Hearing:
The Dean of Students, Assistant Dean of Students, and/or the Vice President of Enrolment Management and Student Achievement will conduct an Administrative Hearing. The student is responsible for presenting his/her own position, and may make a verbal and/or written statement. The student and the administrators have the right to present witnesses. The Dean, Assistant Dean, and/ or the Vice President will determine if the student is allowed in the same room as the witnesses. Sanctions are determined by the Dean, Assistant Dean, and/or the Vice President. In the event that the appropriate code of conduct proceeding is determined to be an Administrative Hearing, the Incident Review Conference may serve as the Administrative Hearing, and sanctions may be determined at the time of the conference. Administrative hearings may be appealed.
 
(3) Code of Conduct Board Hearing:
The Dean of Students, Assistant Dean of Students, and/or the Vice President for Enrollment Management and Student Achievement will conduct the Code of Conduct Board Hearing, and the board includes two additional faculty and/or staff members. The student is responsible for presenting his/her own position, and may make a verbal and/or written statement. The student and the board have the right to present witnesses. The Dean and/or the Vice President will determine if the student is allowed in the same room as the witnesses. The board will decide if the student is in violation and will determine the appropriate sanctions. Code of Conduct Board Hearings may be appealed.
 
Sanctions
A student’s history of inappropriate conduct and the nature and/or severity of the incident are considered in determining appropriate sanctions. More than one sanction may also be imposed upon a student. If a student does not comply with imposed code of conduct sanctions, holds may be placed on student accounts and/or more serious sanctions may be imposed. 
 
The following is a list of possible sanctions and should not be regarded as all-inclusive:
 
Warnings:
Written or verbal warnings may be issued to the student. A warning indicates that if the student is found in violation of the student code of conduct again, further code of conduct proceedings may occur. 
 
Restitution and Monetary Fines:
Reimbursement for damage to college and/or personal property, services, and repairs may be a sanction. Monetary fines are possible sanctions for all code of conduct violations. If the student resides in the Living Center or other leased housing, restitution and fines may be deducted from the student’s housing deposit.   Some violations have specified monetary fines.
 
Apologies:
Students in violation may be asked to make apologies in writing and/or verbally to the victim and/or others involved in the incident. 
 
Loss of Privileges:
The loss of privileges includes the denial of specific student privileges for a designated period of time.
 
Disciplinary Probation:
Probation is a specific period of time in which the student is expected to demonstrate acceptable behavior. In the event the student is found in violation of the student code of conduct while on disciplinary probation, additional sanctions may be imposed.
 
No Contact Order:
Students may be required to have no contact with another student specified by the Dean of Students, Assistant Dean of Students, and/or the Vice President of Enrollment Management and Student Achievement. This includes no talking, no virtual and social media communication, communication through others, possible reassignment of classes, etc. A no contact order may be permanent and/or issued pending the resolution of code of conduct proceedings.   
 
Expulsion from the Living Center and/or Chequers Apartments and housing reassignment:
Expulsion from the Living Center and/or Chequers Apartments is the permanent removal of the student from campus-owned or leased housing and termination of the room and board contract or lease agreement. Housing reassignment is the relocation of a student to another room, floor, or building. If the student is deemed a danger to the safety of others, the student may be removed from housing or reassigned pending the resolution of code of conduct proceedings. The student may be expelled from campus-owned or leased housing without being expelled from KCAI. The student may be held responsible for costs associated with the termination of a housing contract/lease agreement.
 
Suspension:
Suspension is the exclusion from classes and school property for a designated period of time. If the student is deemed a danger or potential danger to others, the student may be suspended pending the resolution of code of conduct proceedings. 
 
Expulsion:
Expulsion is the permanent removal of the student from the Kansas City Art Institute and termination of student status. The expelled student does not have the opportunity for degree completion at KCAI.
 
Post Hearing
Following the determined code of conduct review proceeding, the student will be notified of the code of conduct resolution in writing within ten business days. In cases of sexual misconduct and violent crimes (as defined by the Family Educational Rights and Privacy Act of 1974, as amended, and the U.S. Department of Education and Office of Civil Rights) both the victim and the accused student will be notified of the code of conduct resolution in writing within ten business days. Based on the information presented during the code of conduct review proceeding, the student will be notified of one of the following outcomes:
 
A. The student was found in violation of the student code of conduct. A notification letter will detail the type, date and location of the violation, the imposed sanctions, and the information regarding the appeal process (if applicable).
 
Or
 
B. The charges have been dropped and the student was found not in violation of the student code of conduct.
 
Notice will be hand delivered by Security personnel to the student in a class or studio, delivered to rooms in the Living Center, mailed via US postal service to the student’s local or current address, and/or emailed to the student’s official KCAI email account.  
 
Appeals
The student may appeal the resolution of an Administrative Hearing or Code of Conduct Board Hearing within ten business days of the issued resolution letter. The written appeal must be submitted by the student in writing via hand delivered letter to the Dean of Students, Assistant Dean of Students, and/or the Vice President for Enrollment Management and Student Achievement. In cases of sexual misconduct and violent crimes (as defined by the Family Educational Rights and Privacy Act of 1974, as amended, and the U.S. Department of Education and Office of Civil Rights) both the victim and the accused student may appeal the resolution of an Administrative or Code of Conduct Board Hearing. If the student receives the resolution letter via US mail, the request for appeal must be submitted within ten business of the postmarked letter. The student waives the right to appeal if not filed in writing within 10 business days.  
  
The Dean of Students, Vice President for Enrollment Management and Student Achievement, or the President of the college will consider the request for appeal and conduct the appeal review, if applicable. If the Assistant Dean of Students participated in the initial hearing, the Dean of Students will consider the appeal. If the Vice President for Enrollment Management and Student Achievement participated in the initial hearing, the President will consider the appeal. If the Vice President for Enrollment Management and Student Achievement did not participate in the initial hearing, he or she will consider the appeal.
 
A code of conduct resolution will only be reversed or remanded if:
A.        A procedural error occurred that significantly impacted the outcome of the hearing.
B.         New information is available that was unavailable at the time of the hearing that could substantially impact the original finding or sanction.
C.         The sanction is substantially disproportionate to the severity of the violation.
 
The written request for appeal must include:
A.        Name of the student.
B.         Time, date, and location of the violation.
C.         Type of violation.
D.        Resolution of the code of conduct process and imposed sanctions.
E.        Reason for appeal (see reasons for reversal listed above).
F.         Supporting material, if applicable.
 
The Dean of Students, Vice President for Enrollment Management and Student Achievement, or the President of the college will render a written decision to the student within 10 business days of the appeal. In cases of sexual misconduct and violent crimes (as defined by the Family Educational Rights and Privacy Act of 1974, as amended, and the U.S. Department of Education and Office of Civil Rights) both the victim and the accused student will be notified of the resolution of the appeal. Notice will be hand delivered by Security personnel to the student in a class or studio, delivered to rooms in the Living Center, mailed via US postal service to the student’s local or current address, and/or emailed to the student’s official KCAI email account.  
 
The Dean of Students, Vice President for Enrollment Management and Student Achievement, or the President of the college may:
A.        Uphold the original resolution and sanctions.
B.         Uphold the original resolution and alter the sanctions.
C.         Dismiss original resolution and sanctions.
 
The decision of the Dean of Students, Vice President for Enrollment Management and Student Achievement, or the President of the college is final and binding. There are no further appeals available.
 
General Provisions
A student is defined as an individual who is accepted until the time of graduation.
 
Cell phones, cameras, recording devices, backpacks, purses, computers, etc. are not permitted in any student code of conduct proceeding without prior approval of the Dean of Students and/or Vice President for Enrollment Management and Student Achievement.
 
The student may have an advisor of choice present at any code of conduct proceeding. Advisors are not permitted to participate directly in any conference or hearing, or act as legal counsel for purposes of such proceedings. The advisor may not ask questions or contribute to the discussion. The advisor may only talk with the student.  
 
Code of Conduct Incident Review Conferences and hearings may be recorded. Recordings are erased/destroyed seven years after the date of the recording. Recordings will be available in the consideration of appeals. Deliberations are not recorded.   
 
Determinations of code of conduct proceedings shall be made on the preponderance of evidence. Preponderance of the evidence is "such evidence as, when considered and compared with that opposed to it, has more convincing force and produces in your minds belief that what is sought to be proved is more likely true than not true."[Williams v. Eau Claire Pub. Sch., 397 F.3d 441, 446 (6th Cir. Mich. 2005)]
 
Any student code of conduct proceeding may be stopped at anytime at the sole discretion of the Dean of Students, Assistant Dean of Students, and/or the Vice President for Enrollment Management and Student Achievement. 
 
In extenuating circumstances and/or in the event the timing of the alleged violation would necessitate an extension beyond the allotted time frames indicated in the policy, the Dean of Students and/or Vice President for Enrollment Management and Student Achievement may approve an extension beyond 10 business days.
 
Documentation of the findings of student code of conduct will be placed in the student’s disciplinary file but are not placed in the student record. Students may request to review disciplinary records by submitting a written request to the Dean of Students. Recordings are the property of the college and will not be duplicated. 
 
Students with disabilities are invited to disclose the existence and nature of their disability to the Office of Disability Services. Once the disability has been disclosed, the Disabilities Coordinator will work with the student to arrange the necessary accommodations. Arrangements should be made before the process begins (before Incident Review Conference, Administrative Hearing, Code of Conduct Board Hearing, etc.).
 
Students with unresolved student code of conduct allegations and charges will not be permitted to graduate and/or withdraw from the college at the discretion of the Kansas City Art Institute. Students who are permitted to withdraw cannot be readmitted until the pending allegation and charge is adjudicated.
 
 
 
 

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