Student Code of Conduct final 2018-2019_01

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Upon entering the investigation process the Title IX Coordinator will inform both the victim and the alleged assailant in writing of the investigation, of the option to have an advisor of their choice present during the investigation, need for confidentiality, and non-retaliation policy. Both parties will be given a date for an initial meeting with the Title IX coordinator. A date will be selected with reasonable time for each party to identify an advisor they wish to have present during the investigation and all documentation and witnesses they wish to present. Generally, meetings will not be rescheduled do to a conflict an advisor may have. It is at the discretion of the Title IX Coordinator should a meeting be rescheduled. The Title IX Coordinator will meet with both the victim and alleged assailant, separately, in an initial meeting in order to ascertain all facts in relation to the alleged incident. During the initial meeting both the victim and alleged assailant will be provided with the opportunity to inform the Title IX Coordinator of the alleged incident, any evidence, information, and witnesses they wish to present. The Title IX Coordinator will inform the alleged assailant, during this meeting, of all of the charges being made against him or her and inquire as to the reason for the behavior. Should at any time during the investigation process, the alleged assailant take responsibility for the alleged incident, the Title IX Coordinator may end the formal investigation process and file a findings report with the Student Conduct Coordinator and/or Human Resource Manager for sanctioning. The Title IX Coordinator may interview the victim and alleged assailant, more than once, as necessary. During any additional meetings, the Title IX coordinator will share with the respected parties current information gathered, addresses additional questions or concerns, and provided either party with the opportunity to voice any concerns or information that should be identified. The victim may not be present during any meeting with the alleged assailant and the alleged assailant may not be present during any meeting with the victim. Mediation will not be used as a means to resolve complaints of sexual misconduct. In addition, the victim and alleged assailant may not be present during any meeting with witnesses. Advisors are only permitted to attend their respective parties’ meeting and may not be present during any other individuals meeting (i.e witness meetings). There is no right for the victim or the alleged assailant to confront or cross-examine the other. The victim and the alleged assailant should address any questions they feel should be asked to parties involved in the investigation directly to the Title IX Coordinator. The Title IX Coordinator will direct reasonable attempts to interview any witnesses identified by the victim and alleged assailant. In addition, the Title IX Coordinator will direct an interview of any additional party who may have information regarding the alleged incident. Upon completion of a formal investigation, the Title IX Coordinator or her designee will evaluate all information gathered and, as appropriate, prepare a summarized report. Both the victim and alleged assailant will be provided with the opportunity to review the report and identify any clarifications or comments they wish to add. The finalized report will be submitted to the Student Conduct Coordinator or his/her designee. Within 10 business days of receiving the Title IX Coordinator’s report, the Student Conduct Coordinator or his/her designee will determine based on a preponderance of evidence if this policy was violated and will determine the appropriate sanction(s) should the alleged assailant be found responsible. No additional meetings will be heard by the Student Conduct Coordinator and the decision will be made solely from the report filed by the Title IX Coordinator. Both the victim and the alleged assailant will be notified, in writing of the Student Conduct Coordinator’s decision and appeal process. All appeals must be made in writing to the Dean of Students within 1 business day after receipt of the decision. The appeal can be emailed to slally@fisher.edu or dropped off at the Dean of Students office located in the mall area. Should a report of sexual misconduct be made against a non-student member of the College Community, the report by the Title IX Coordinator will be filed with the Human Resource Manager and a decision will be made from the same. Both the victim and the alleged assailant will be notified in writing of the Human Resource Managers decision. 25 | P a g e
Key Terms Victim: Is the individual who alleges that an act(s) of sexual misconduct has been committed against them. Alleged Assailant: Is the individual who is alleged to have committed or engaged in an act(s) of sexual misconduct. Witness: An individual who has first-hand knowledge of details regarding an act(s) of sexual misconduct. Witnesses may not bring an advisor with them to any meeting. Advisor: Both the victim and alleged assailant are permitted to have one advisor of their choice with them during the investigation process. An advisor may be anyone from the Campus community or outside of the College. The advisor’s role is to support to a victim or alleged assailant during the process. An advisor is not permitted to speak on behalf of a victim or alleged assailant and may not actively participate in any meeting. An advisor may confer and offer support to the victim or alleged assailant as necessary. Preponderance of Evidence: Is the “more likely than not” standard used when determining of there was a violation of this policy. FERPA: The Family Education Rights and Privacy Act of 1974. Sanctions: The College may impose any number of sanctions to individuals found in violation of the sexual misconduct. These include but are not limited to: warning, reprimand, educational classes, probation, suspension, expulsion, termination of contract, dismissal, removal from on campus housing, change of academic schedule, restricted access to the campus, and administrative stay-away orders. HATE CRIMES A hate crime is any of various crimes (such as assault or defacement of property) when motivated by hostility to the victim as a member of a group (such as one based on color, creed, gender or sexual orientation). Hate crimes are serious offenses and Fisher College takes these matters seriously. If you or anyone you know is a victim of a hate crime, we encourage you to report it to Fisher College staff or the Department of Public Safety. Under Massachusetts law, a hate crime is any crime motivated by hatred against a person or group on the basis of: Race Color Religion Sexual orientation Gender Gender identity Disability Ethnic/national origin Hate or bias crime encompasses not only violence against individuals or groups, but also crimes against property, such as arson or vandalism, particularly those directed against community centers or houses of worship. Hostile or hateful speech or other disrespectful or discriminatory behavior may or may not be a crime depending on the situation and specific acts of the individual. The College encourages Students to be aware and considerate of others when communicating so that your peers and classmates will not interpret the communication as being suspect and discriminatory. Hate crimes can occur in any of the following ways: A physical attack (assault and battery, as well as other violent crimes such as murder, manslaughter and rape); or Intimidating or threatening behavior putting a person in fear of immediate physical harm (assault, threats to commit certain crimes); or Damage to property (arson, vandalism). Other Massachusetts laws may also apply. There are several Massachusetts criminal laws that prohibit defacing a school or place of worship; tagging (painting, marking, scratching, etching or otherwise defacing or destroying) public or private property; or destruction of a place of worship. Under this law, your civil rights may be violated if any person willfully interferes or attempts to interfere with your constitutionally protected legal rights by threats, intimidation or coercion. We all have important roles to play in responding to Civil Rights violations and hate crimes. These crimes cannot be investigated or prosecuted unless they are reported. Any person who violates the hate crime law will be subject to Fisher College disciplinary (student conduct) and/or legal action. Fisher College will play its role in preventing and investigating violations as well as promoting tolerance and diversity. 26 | P a g e
Page 1 and 2: STUDENT CODE OF CONDUCT 2018-2019 S
Page 3 and 4: Anti-Bullying .....................
Page 5 and 6: Cleanliness .......................
Page 7 and 8: DEFINITIONS The term “C
Page 9 and 10: o o o The right to consent to discl
Page 11 and 12: The Department of Public Safety: 61
Page 13 and 14: Missing Person Policy Fisher Colleg
Page 15 and 16: General Fire Safety Regulations The
Page 17 and 18: Jaywalking When crossing Beacon Str
Page 19 and 20: What is Unlawful Harassment Unlawfu
Page 21 and 22: Process of Title IX complaints. (Se
Page 23 and 24: Cyber-stalking will be considered t
Page 25: interim remedies available in a tim
Page 29 and 30: Appeal of Grievance Decision If the
Page 31 and 32: Internet Platform Gaming Wireless i
Page 33 and 34: Health insurance plans available to
Page 35 and 36: 1. Obstruction or disruption of the
Page 37 and 38: RESIDENTIAL LIFE A residence hall i
Page 39 and 40: next academic year, you must comple
Page 41 and 42: lockouts are logged and numerous lo
Page 43 and 44: Residents will be held liable for t
Page 45 and 46: These sanctions might include remov
Page 47 and 48: workshops which will be available d
Page 49 and 50: paintball gun, air rifle, ammunitio
Page 51 and 52: There is no student parking availab
Page 53 and 54: General Residential Information Lau
Page 55 and 56: meeting. In the interest of fairnes
Page 57 and 58: Residence Hall Probation. A written
Page 59 and 60: Academic dishonesty, including any
Page 61: The College reserves the right to s

Student Code of Conduct final 2018-2019_01

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