Overview of the Conduct Process

The Student Conduct Process will be used for all violations of nonacademic College policies, with the exception of violations of the Sexual and Gender-Based Misconduct Policy. Cases involving alleged violations of the Sexual and Gender-Based Misconduct Policy are addressed by the conduct process found in the Sexual and Gender-Based Misconduct Policy (p. 100).

In cases where a violation of community responsibilities or College policies and/or regulations has occurred, discipline may occur in the manner that the College determines appropriate. For graduate students, the dean of graduate and professional studies or the dean of students will handle the matter. For undergraduates, hearing officers include the dean of students, the dean of student life, assistant director of Campus Community Standards, Residential Life professional staff, and other designated College officials. Hearing officers will consider the matter and apply sanctions, as appropriate. If one of the hearing officers had direct involvement in the matter, the case may be referred to another hearing officer.

Records of a student’s conduct history are retained in the student’s conduct file for seven years. Written records of cases, including suspension or expulsion, will be maintained in the student’s permanent record. Parents may be notified if there is, or may be, a change in the student’s enrollment or housing status due to a conduct matter or, in some cases, due to violations of the Alcohol and Other Drugs Policy. For details, see General College Policies.

Questions regarding a student’s conduct case should be directed to the hearing officer for the incident.

Any student(s) charged or involved in a case involving the Code of Conduct may have a non-legal adviser or legal counsel present at any meeting or hearing with the dean of students/designee or the Student Conduct Panel. Students must provide advance written notice to the dean of students/designee of the presence of a non-legal adviser or legal counsel, and their affiliation with the student(s), within three (3) business days prior to the scheduled meeting or hearing. Failure to present timely notice will result in a rescheduling of the meeting or hearing. Such non-legal adviser or legal counsel accompanying the student(s) is not allowed to participate in the disciplinary process, including responding to questions on the students’ behalf, offering arguments on the students’ behalf, or otherwise participating in disciplinary proceedings other than to speak with the student before, after, or on breaks from the meeting or hearing. Students will be required to sign a FERPA release, allowing the non-legal adviser or legal counsel to hear protected student information pertaining to the case. A non-legal adviser or legal counsel who violates any of the above terms will be required to leave the meeting or hearing.

As soon as possible after learning of a violation of the Code of Conduct or other College policy or law, students, employees, or anyone else in the Sarah Lawrence community should submit an incident report or, in an emergency, notify Campus Safety. Students also have the option to report incidents to other College personnel, such as Residential Life staff, Student Life staff, Title IX Coordinator (for incidents under the Sexual Misconduct Response policy or the Nondiscrimination and Anti-Harassment policy), Campus Safety, and other faculty or staff. Please know that reports submitted anonymously may make it more difficult for the dean of students/dean of Student Life office to investigate the reported incident. Finally, students may also report, confidentially or anonymously, via the incident reporting form in MySLC.

Every reasonable effort will be made to complete investigations within a reasonable time frame following the report of the alleged violation. Investigations will be led by designated Student Affairs staff and may include participation by the offices of Campus Safety, General Counsel, Information Technology, Operations, or other departments at Sarah Lawrence when appropriate.

The College may employ interim protective measures including, but not limited to, suspension, class changes, meeting-room changes, residential-room changes, and restriction of interaction. The College reserves the right to take interim measures, as appropriate.

Students with disabilities may be eligible for accommodations during the student conduct process. A student seeking accommodations due to disability must make a request through Access & Disability Services and provide the required documentation per their guidelines. Students may make a request at any point during the student conduct process; however, accommodations cannot be provided retroactively. Students are encouraged to make their requests as early as possible during the process to ensure approved accommodations are implemented in a timely fashion. Students requesting such accommodations should fully review information outlined under Access & Disability Services in MySLC.

Although Sarah Lawrence has an obligation to uphold federal, state, and local laws, Sarah Lawrence policies and procedures operate independently from them. As such, Sarah Lawrence may pursue enforcement of its own policies whether or not legal proceedings are initiated. The Code of Conduct is inspired by the principles of restorative practice, which seek to: (a) support and care for individuals and communities that have been harmed and compassionately respond to their needs; and (b) respect the rights of all individuals in this process and encourage harmed individuals to have a voice in the process, as well as to create space for students who have caused harm to express remorse, make amends, and take steps to repair the harm caused. It is important to recognize that, while individual accountability and acceptance of responsibility is primary, there are often other mitigating social factors at play that promote or reinforce negative behavior. Ultimately, the conduct process must keep community responsibility in context and strive for the common good.

The conduct process will vary in order to optimize individual and community repair and well-being. Whenever possible, the complainant(s) shall submit allegations in writing, via an incident report form, to the dean of students/designee.

Upon receiving notice of a potential violation of the Code of Conduct, the dean of students/designee shall initiate a disciplinary review process. The dean of students/designee will begin the investigatory process by gathering preliminary information from available sources.

The dean of students/designee reserves the right to dismiss a complaint at any stage of the process. If applicable, the dean of students/designee will provide written notice of the allegations—including the time, place, and nature of the alleged violation—to the respondent(s) and the complainant, as appropriate.

This notice of allegations will also state the date, time, and location for a meeting, at which the respondent(s) will discuss the allegations with the dean of students/designee. The complainant will also have the opportunity to meet individually with the dean of students/designee. At these meetings, the respondent(s) and the complainant will have the opportunity to provide and respond to information, witness statements, and evidence related to allegations. If a restorative approach is appropriate, the dean of students/designee may invite both parties to join the dean of students, or their designee(s), in a joint conversation.

A respondent’s unexcused absence from any meeting with the dean of students/designee does not prevent the dean of students/designee from further investigation of the allegations and may result in a finding of responsibility against the student. Notice of whether a non-legal adviser will attend or legal counsel will be present must be submitted in writing to the dean of students/designee three (3) business days before the scheduled meeting

Respondent(s) are expected to respond within two (2) business days of the initial outreach. If the respondent(s) do not respond and/or do not meet with the dean of students/designee, the incident will be reviewed without the benefit of the involvement of the respondent(s), and sanctions will be enacted as appropriate to the behavior. It is to the individual’s advantage to schedule and participate in a conduct meeting. A lack of response will also be considered in applying a sanction. Communication in matters related to the conduct process will primarily be sent to the students’ college-issued email address. Failure to check campus email will not be considered a mitigating factor.

The purpose of the conduct process is to investigate the facts of the matter and to determine responsibility for alleged violations regardless of intention. The focus of inquiry is whether the student is “responsible” or “not responsible” for violating College policy/ies. The standard of proof for a finding of responsibility is a “preponderance of evidence,” meaning that the evidence indicates that it was “more likely than not” that the conduct violation occurred. Formal rules of evidence are not applicable, and deviations from prescribed procedures will not necessarily invalidate a decision or proceeding unless significant prejudice to a student or the College results. There may be instances where a student is found responsible for a related violation rather than the one listed in their notice letter. This may occur if the allegations giving rise to the related violation stem from the same facts and circumstances as described in the notice letter.

The dean of student life/designee may take interim administrative action when a student is deemed to threaten the health, safety, or well-being of the College community. Interim actions may include suspension from the College, removal from College housing, loss of privileges, or other similar measures.

Interim administrative action is not a disciplinary sanction. It is intended to help protect members of the College community until a matter can be investigated and adjudicated. The action remains in effect until the matter has been investigated, adjudicated, or otherwise resolved at the discretion of the dean of student life/designee.

Examples of behavior that may lead to interim suspension from the College include, but are not limited to, physical violence, sexual misconduct, and possession and distribution of controlled substances.

A No Contact Order (NCO) may be issued at any time by the assistant director of community standards or the Office of Residential Life. Under an NCO, two (or more) student parties are ordered to avoid intentional contact with one another. This order does not guarantee that involved parties will never see each other or be in the same space, but it stipulates that intentional and direct contact must be avoided.

NCOs are not a disciplinary sanction but, rather, an administrative action to mandate civil conduct between the involved parties. Moreover, both parties are able to request modification or removal of an NCO under a review process detailed in the NCO issuance letter.