Quincy College (‘the College’) strives to maintain a positive environment for teaching and learning. By outlining the behavioral expectation for students and the procedures of enforcement, the Student Code of Conduct (‘the Code of Conduct’) fosters a climate of honesty, integrity, civility and respect to engender a spirit of personal responsibility in our students. The intent of the College is to develop traits and behaviors in students, such as critical thinking, self-motivation, and the ability to foresee consequences for their actions.

This Student Code of Conduct reasonably limits some activities and prohibits certain behavior that could interfere with the classroom setting, the orderly operation of the college and the pursuit of its goals and values. Each student shall be responsible for reading and complying with the Student Code of Conduct, which shall be developed, maintained and implemented by the President or designee. The Student Code of Conduct shall be published as a College procedure and made available to students through the College Catalog and the College website.

Student Code of Conduct Procedure

 

I.                   Introduction

The College strives to maintain a positive environment for teaching and learning. By outlining the behavioral expectation for students and the procedures of enforcement, the Student Code of Conduct fosters a climate of honesty, integrity, civility and respect to engender a spirit of personal responsibility in our students. The Code of Conduct is intended as a framework of acceptable student behavior and prohibited conduct. It should not be regarded as an exhaustive list of prohibited conduct, nor should it be construed as a contract between the student and the College. The intent of the College is to develop traits and behaviors in students, such as critical thinking, self-motivation, and the ability to foresee consequences for their actions.

II.                 Definitions

  1. The term Accused Student means a student who is alleged to have violated a college policy or the Code of Conduct.
  1. An Administrative Disposition is a resolution of the complaint mutually agreed upon by the Code of Conduct Officer (CCO) and the Accused Student in an Administrative By agreeing to the Administrative Disposition, the accused student waives the right to a Judicial Board Hearing and an appeal of the resolution.
  1. A Classroom will include classrooms, laboratories, libraries, clinical sites, and any other learning space on the College Premises or used by Quincy College.
  1. The Code of Conduct Officer (CCO) is the college official responsible for receiving all incident reports, determining whether further action is warranted, referring the matter to staff and/or an external third party for further action as needed, and investigating or causing to be investigated the alleged violation of College policy or the Code of Conduct.
  1. College Community means any student, faculty, staff, college official or guest of the college.
  1. A College Official is any person employed by the college acting under the authority of the college.
  1. A College Partnership is an outside company or facility that the college has an agreement or contract with, such as facilities or companies for clinical placements or internships or rentals for college sponsored events.
  1. College Premises are all buildings and grounds owned, leased, operated, occupied on a regular basis, controlled or supervised by the College.
  1. A College Sponsored Activity is any activity on or campus authorized or supervised by the College, including but not limited to clinical placements, internships, student activities and college events.
  1. A Day as outlined in the Judicial Process means a college work day which is defined as only Monday through Friday, exclusive of holidays and other College closures.
  1. A Faculty Member is any full or part time instructor, assistant professor, associate professor, professor, adjunct professor, adjunct instructor, clinical instructor, laboratory instructor or librarian employed by the college to conduct academic activities.
  1. An Incident Report is a form that can be completed in writing by any person who alleges harm by a student who has violated college policy or the Code of Conduct, or by any person who witnesses a student violate college policy or the Code of Conduct, or a report taken by a member of the College staff relating what said witness(es) reported and reduced to writing.
  1. The Judicial Appeals Officer is designated by the President to hear appeals filed by students who have been found responsible for violation of college policy or of the Code of Conduct by the Judicial Board.
  1. The Judicial Board is comprised of members of the Judicial Committee who conduct a fair and impartial hearing, when a determination has been made by the CCO that a violation of policy or the Code of Conduct has been determined to have occurred. The Judicial Board is appointed by the President.
  1. The Judicial Committee is comprised of faculty and staff trained by the Judicial Appeals Officer to serve on a Judicial Board. The Judicial Committee is appointed by the President.
  1. The President is the President of Quincy College or designee.
  1. A Student is any person enrolled in or accepted for any course or academic program at the college, full or part time, credit or non-credit.

III.Code of Conduct Violations

A student shall be subject to college disciplinary/judicial procedures under this policy for violating this code of conduct and/or College policies, including but not limited to the following:

  1. Endangering the health and/or safety of the college community by:
    • a. Intentionally or negligently causing physical/bodily harm or the threat of physical/bodily harm to any person or to the college community in general.
    • b. Harassing, intimidating, stalking, bullying or coercing, either verbally, physically, in writing or by electronic means (i.e., email, social media, etc.) any person.
    • c. Engaging in behavior that infringes or is intended to infringe upon the rights of others.
    • d. Engaging in lewd, indecent and/or obscene behavior, including possession of pornographic/obscene materials on campus and/or downloading or uploading pornographic material on college computers and/or college social media sites; or engaging in consensual sexual or inappropriately intimate behavior on campus or at a college activity or event.
    • e. Possessing firearm(s), explosives, dangerous chemical(s), or other dangerous and/or illegal weapon(s) or instruments on the college premises or at a college activity or event with the exception of law enforcement officers carrying service weapons.
    • f. Tampering with fire and/or safety equipment or activating a false fire alarm or bomb threat.
  1. Obstructing or disrupting the normal operations of the college or college sponsored activities by conduct, including but not limited to:
    • a. Hindering the free flow of pedestrian or vehicular traffic, blocking entrance, exit or access to any college premise or college partnership facilities, stairway or hallway.
    • b. Acting in a manner that interferes with or disrupts classroom, laboratory, library, or clinical experiences or that is in violation of the faculty member’s syllabus or otherwise disrupts academic or administrative activities.
    • c. Dressing in a manner that inappropriately exposes body parts or otherwise disrupts the academic environment causes undue attention to an individual student.
    • d. Inciting or otherwise causing others to disrupt the normal operations of the college or college sponsored activities.
    1. Using or being under the influence of alcohol while on college premises or at college sponsored events and activities except as authorized in accordance with official college policy; possessing or distributing alcoholic beverages while on campus or college sponsored events.
    1. Using or being under the influence of, possessing, manufacturing, distributing any illegal drug, marijuana, narcotic, hallucinogen or similar chemical agent, including the inappropriate or unlawful use, distribution or possession of prescription drugs, in any quantity, that is prohibited by law.
    1. Any unauthorized use of electronic or other devices to make an audio recording of any person while on College property or at a College event or activity without the express consent of the person; any violation of the College’s acceptable use policies.
    1. Engaging in unauthorized or illegal gambling on campus or at college sponsored events, either in person or by computer.
    1. Failing to comply with the directions of a college official, faculty member or law enforcement officer acting in accordance with their duties, including but not limited to failing to, when requested to do so, present a valid, current Quincy College identification.
    1. Forging, altering or misusing any college document, record or means of identification including student identification card, user name, pin code or password, college portal and email access.
    1. Defacing, damaging or destroying college property, including but not limited to graffiti or tagging; attempted or actual theft or unauthorized removal of college property or the property of another person; member of the college community / college partnership, or other personal or public property.
    1. Possessing or duplicating keys, mechanical or electronic, to college premises without authorization; or entering college premises outside of normal business hours without authorization.
    1. Engaging in acts of Hazing as outlined in Massachusetts General Laws, Chapter 269, section 17
    1. Engaging in Hate Crimes as defined and prohibited by the laws of the Commonwealth of Massachusetts and United States codes.
    1. Abusing the disciplinary process by:
      • a. Falsifying, distorting, or misrepresenting information to a conduct officer or judicial body and/or attempting to influence or coerce another to falsify, distort, or misrepresent information to a conduct officer or a judicial body.
      • b. Disrupting or interfering with the orderly conduct of a disciplinary/judicial procedure.
      • c. Attempting to discourage an individual’s participation in or use of the disciplinary/judicial system.
      • d. Attempting to influence the impartiality of a member of the disciplinary/judicial system before or during the disciplinary/judicial process.
      • e. Harassing, or intimidating or attempting to harass or intimidate a party or witness scheduled to appear before a conduct officer or judicial body and/or harassing or intimidating or attempting to harass or intimidate a conduct officer or a member of the disciplinary/judicial system.
      • f. Influencing or attempting to influence another person to commit an abuse of the disciplinary/judicial procedure.
      • g. Failing to comply with sanctions imposed under the Code of Conduct.
      1. Violating published college policies, rules or regulations as outlined in the college policy manual, college catalog, student handbook, or on the college website not otherwise enumerated herein.
      1. Violating any local, state or federal laws on college premises or at any college sponsored activity not otherwise enumerated herein.

      Additional Considerations:

      Violation of the Law: Students who engage in behavior that violate local, state and/or federal law may be subject to civil and/or criminal proceedings in addition to the college disciplinary/judicial procedures.

      Complaints Alleging Sexual Misconduct: Complaints regarding sexual misconduct will be addressed  following the process and procedures laid out in the Sexual Harassment Policy 3.03.

      2. Off Campus Behavior: The college reserves the right to take disciplinary action against a student for off campus conduct when such conduct poses a direct or indirect threat or adversely affects the college community, if the conduct poses a threat to another member of the college community or if the student is charged with a violation of local, state or federal law.

      IV.Disciplinary Process

       

      Student Due Process Protections: Students accused of violating the Code of Conduct are entitled to the  following procedural protections:

       

      • To be given notice of the alleged violation;
      • To be informed of the substance of the information or evidence against the student;
      • To be given an opportunity to respond to the charges;
      • To be informed of the results of any hearing;
      • To be given a resolution of the charges in accordance with the Code of Conduct;
      • To be given an opportunity to appeal as outlined in the Code of Conduct;
      • To be informed of additional procedural protections for certain disciplinary procedures as described

       

      Although the above protections should normally precede any disciplinary consequence, in emergency situations the student may be summarily removed from the College, with notice and other appropriate  procedural protections to follow as soon as possible.

       

      Disciplinary Process Steps:

      1. Immediate and Interim Discipline

      a. Interim Suspension
      1. The President or designee may issue an interim suspension prior to a hearing for the following reasons:
        • a.To ensure the safety and well-being of the college
        • b. To ensure the preservation of college
        • c. To ensure the student’s own safety or well-being.
        • d. If the student poses an ongoing threat of disruption of or interference with the normal operations of the college.
      2. During an interim suspension, the student may be denied access to the college facilities and college activities, including classes.
      3. Interim suspensions will take effect immediately upon the direction of the President or designee. The student will be notified of the interim suspension by an email to the student’s Quincy College e-mail account and by letter. Refusal to accept receipt of the notification shall not negate or postpone the interim suspension.
      4. The interim suspension will remain in effect until the hearing and a final decision has been made regarding the alleged violation of policy or the Code of Conduct or until the President or designee determines the reason for posing the interim suspension no longer exists.
      5. In the event of an interim suspension, the CCO will make every attempt to expedite the judicial process.
      b. Removal from Classroom
      1. A Faculty Member or College Official may, for the sole purpose of maintaining order in the classroom, order that a student leave the classroom.
      2. If a Faculty Member or College Official orders a student to leave the classroom, the Faculty Member or College Official must, at the first opportunity but in any event not later than the same day on which such action occurred, submit, by means of the Quincy College incident reporting system, an incident report thoroughly describing such action and the circumstances surrounding
      3. In the event that a Faculty Member or College Official who orders a student to leave the classroom intends for the resulting absence to last beyond the class meeting during which the order to leave occurred, that will be considered an interim suspension governed by the provisions above, and may not take effect unless and until the President or designee so orders.
      c. No Contact Order
      1. If, upon the credible allegation that a student has violated college policy(ies) and/or the Code of Conduct, the CCO may, subject to the requirements set forth below, issue a No Contact Order to the student against whom the allegation has been made.
      2. A No Contact Order may be issued by the CCO only for the purpose(s) of providing for the safety, protection, and/or well-being of the college community.
      3. A No Contact Order will apply to a student against whom it is issued on all college premises, at any college activity or event, and on any service or instrumentality offered or sponsored by Quincy College including, but not limited to, the Quincy College portal or Quincy College on-line course(s).
      4. The CCO shall, not later than one (1) day after the day on which the CCO has determined that a No Contact Order is appropriate, send to the student against whom the No Contact Order is issued, written notice of such No Contact Order via the student’s Quincy College e-mail account and by letter to the student’s last known address. This written communication shall include the identity of the member or members of the college community that the Order has been issued to protect, the nature of such Order, and the consequences thereof.
      5. Nothing in this subsection (1) (c) shall be construed to prevent a No Contact Order to also be imposed as a sanction, as set forth in in this Code of Conduct.
      d) Any Other Measure Deemed Appropriate by the CCO
      1. If, upon the credible allegation that a student has violated college policy(ies) and/or the Code of Conduct, the CCO may, at their sole discretion impose other interim disciplinary measures not otherwise referenced in Section IV (1) in this Code of Conduct and judicial process.
      2. In order to impose such other interim disciplinary measures, the CCO must be convinced that such measures are reasonable and necessary for the safety, protection, or well-being of the college community, college or college premises, or the maintenance of the normal operation of the college or any of its functions or activities.
      3. Such other interim disciplinary measures may be imposed by the CCO only if in their reasonable judgment the specific interim disciplinary measures cited above is inadequate to appropriately address a particular matter.
      4. Such other interim disciplinary measures include, but are not limited to: verbal warning; written warning; restrictions/loss of privilege(s); probation; all as defined below in Sanctions.
      5. In the event that the CCO institutes such other interim disciplinary measure(s), the CCO shall, not later than one (1) day after the day on which the CCO has determined that such measures are necessary, send to the student against whom such measures are imposed, written notice of the charges and such measures via the student’s Quincy College e-mail account and by letter to the student’s last known This written communication shall, as specifically as reasonable, include the charges and the nature of such measures and the consequences thereof.

      2. Filing of the Complaint and Investigation

      1. Any member of the college community may file a complaint against a student for alleged violations of the Code of Conduct or other college policies by completing an Incident Report. Incident reports should be filled out completely outlining the following:
        • Identity of the accused student(s)
        • Date, time and place of alleged violation
        • Policy or section of the code of conduct allegedly violated
        • A narrative thoroughly describing the manner in which the Code of Conduct or subject College policy was violated by the accused student(s)
        • Names and contact information of witnesses
      2. All Incident Reports alleging a violation of policy or the Code of Conduct must be submitted to the CCO within five (5) days of the discovery of the alleged violation. The CCO, at their discretion, may accept complaints after the five (5) day time period if the CCO feels circumstances warrant a late
      3. As part of an investigation, within two (2) days of receiving the incident report, the CCO will notify, by the student’s Quincy College e-mail account and by letter, the accused student of the alleged violation and request that the student meet with the CCO to respond to the The accused student has five (5) days from date of notice to contact to the CCO and arrange a meeting. The meeting must take place within two (2) days after contact is made or otherwise within a reasonable time period as determined by the CCO. In the event  that the accused student fails to contact the CCO within five (5) days, the CCO will review the facts and evidence and reach a determination without the accused student’s response.
      4. The CCO will also talk to the complainant and witnesses to determine if the evidence supports the alleged violation. In reaching the determination regarding a complaint, the evidentiary standard to be used by the CCO will be that of “preponderance of the evidence”.
      5. Upon completion of the investigation, if no violation has appeared to have taken place, the CCO shall dismiss the complaint and notify the accused student and the complainant that the complaint has been dismissed.
      6. Upon completion of the investigation, if the CCO determines that a violation exists, the CCO will inform the accused student in writing, by completing a Statement of Charges letter, that a violation of the policy or the Code of Conduct has occurred and that judicial action will be In the Statement of Charges letter, the student will be requested to contact the CCO within five (5) days to request a hearing.

      The Statement of Charges letter will outline the two procedural options that are available:

      1. Administrative Hearing - At an administrative hearing with the CCO, the accused student may elect to admit responsibility for violating policy or the Code of Conduct and accept a sanction given by the CCO. The student shall sign the Administrative Disposition form and waive their right to a Judicial Board Hearing and any right of appeal. If the student chooses the Administrative Hearing, the student has the right not consent to the Administrative Disposition if the student does not agree with the violation or sanction. Under  such circumstances, the student may request a Judicial Board Hearing.
      2. Judicial Board Hearing – If the accused student does not agree to an Administrative Hearing or administrative disposition cannot be agreed upon, the accused student can request a hearing with the College Judicial Board.

       

      1. In the event that the accused student does not contact the CCO regarding the Statement of Charges letter, the default disciplinary process will be a Judicial Board Hearing.

       

      3.The Judicial Committee and the Judicial Board

      1. The college shall have a Judicial Committee comprised of faculty and staff trained by the Judicial Appeals Officer to serve on the Judicial Board. The Judicial Board shall be comprised of two (2) faculty members and one (1) staff member and a Chair. The Chair will not participate in the deliberations. The President shall appoint the Judicial Board members for each hearing as well as a Chair for that proceeding from among the Judicial Board Committee.
      2. A hearing with the Judicial Board shall be scheduled by the CCO not later than five (5) days following an accused student’s request for a hearing or in the case of the student not responding to the Statement of Charges letter. The CCO shall notify the student of the Judicial Board Hearing date by an email sent to the student’s Quincy College e-mail account or in writing via letter to the student’s last known address.
      3. The accused student shall have the right to:
        • Be provided with a copy of the Statement of Charges letter outlining the alleged violation of policy or the code of conduct.
        • Be provided with a copy of the original Incident Report.
        • Present witnesses and to question other witnesses who participate in the hearing as outlined in the Hearing Procedures.
        • Present relevant information and evidence.
        • Be assisted by one advisor, including legal counsel, of the accused student own choosing and at the accused student’s own expense. The advisor’s role is limited to advising the accused student Advisors are not permitted to participate directly in the Judicial Board Hearing. Any advisor that violates these terms may be asked to leave by the Judicial Board Chairperson.
      4. In the event that the student elects not to appear before the Judicial Hearing Board, the student waives the above rights. The Judicial Board will be presented with the Statement of Charges letter, the incident report and the witnesses present and will deliberate based on the information the Board obtained during the
      5. In Judicial Board matters involving more than one accused student, the Chair may permit individual hearings for each accused student.

      4.The Judicial Board Hearing

      1. All Judicial Board Hearings shall be conducted in Those in attendance shall include the Chair, Judicial Board Members, the CCO, the complainant, the accused student and selected advisor. Witnesses will not be present during the entire hearing. Each witness will be called in during the hearing to give their statement and to be questioned regarding their statement and then be excused.
      2. There shall be an audio or video recording created of all hearings. The record shall be the property of the College.
      3. The Chair shall preside over the hearing. All procedural questions are subject to the final decision of the Chair. All testimony and questioning shall be at the direction of the Chair. The Chair may limit or exclude testimony to the extent that such testimony is repetitive or not relevant to the matter before the Judicial Board.
      4. A hearing shall proceed as follows:
        • a) The Chair will have the CCO present the Statement of Charges on behalf of the college and complainant. The CCO will submit a copy of the original incident report and any other evidence, documents, materials and/or witnesses in support of the Statement of Charges.
        • b) The accused student can then respond to the Statement of Charges. The student may present documents, materials and/or witnesses in response to the Statement of Charges.
        • c) The Judicial Board may question each party, their witnesses and/or review all evidence The Judicial Board has the discretion to request additional evidence, documents, materials or information from either party.
        • d) Neither party is allowed to question witnesses directly. After each witness has been questioned by the Judicial Board, the parties will be given the opportunity to ask questions by presenting the questions through the Chair. The other party will be asked to respond unless the Chair determines that the question is not relvant.
        • e)The Chair will give the CCO and the accused student the opportunity to make final statements prior to dismissal from the hearing. 
      5. Deliberations shall be conducted in a closed session of the Judicial Board immediately after the hearing. The Judicial Board shall determine by a majority vote whether the accused student has violated the policy or the Code of Conduct based upon the evidence presented and the preponderance of evidence.
      6. If the determination that the accused student is responsible for violating policy or the Code of Conduct, the Judicial Board shall recommend an appropriate sanction to the Chair. At this point, The Judicial Board may consider any previous violations and sanctions to determine the current sanctions.
      7. Within two (2) days of the conclusion of a hearing, the Chair shall issue a written decision outlining the Judicial Board’s findings and sanction, if any, to the accused student and the CCO.
      8. All records related to the disciplinary proceedings shall be maintained in accordance with the Family Education Rights and Privacy Act (FERPA) and housed in the office of the CCO.

      5. Sanctions

      1. A student found in violation of the college’s Code of Conduct or College policy shall be subject to one or more of the following sanctions (none of these sanctions is intended to take the place of or limit the use of legal proceedings that may be available to the parties):
        • i. Verbal Warning - Student is given a verbal warning and a notation is made in the student’s disciplinary file.
        • ii.Written Warning - Student is given a letter stating that the student has violated college policy or the Code of Conduct and the letter is placed in the student’s disciplinary file.
        • iii.Restrictions/Loss of Privileges – Student is denied certain privileges or restricted from using college services for a specified length of time.
        • iv.Community/Educational Service – Student is required to complete a specified number of hours of community or college service.
        • v.Restitution - Student is required to provide compensation for loss, damage or injury. Restitution can be monetary, replacement materials or in the performances of service.
        • vi.Probation – Probation is for a designated period of time and student is informed that any violations of college policy or Code of Conduct while on probation will result in more severe disciplinary sanctions.
        • vii.Suspension – Student is separated from the college for a specified period of time after which the student is eligible to return. The student will not be entitled to a refund or to have academic accommodations made to complete work missed during a suspension. Students are not allowed to attend classes, attend college activities or be on campus during their Student must apply to the CCO for re-admittance.
        • viii.Revocation of Admission to Specific Degree Program – Student’s acceptance to a specific degree program(s) can be revoked or denied. Student would still be allowed to attend the college, but not for obtaining specific degrees.
        • ix.Expulsion – Student is permanently terminated from the college and will not be allowed to enroll at the college at any future time. The student will not be eligible for any refund from the The Expulsion will be placed on the student’s transcript.

      6. Appeal

      1. Within five (5) days of receiving the Judicial Board’s decision, the student may appeal the decision to the College’s Judicial Appeals Officer.
      2. An appeal must be in writing and be based upon a credible claim that:
        • i. The hearing was not conducted in conformity with the prescribed procedures.
        • ii.New information that was reasonably unknown to the accused student at the time of the hearing, and which is sufficiently relevant such that it could alter the Judicial Board’s decision has been discovered.
        • iii. There existed a demonstrable bias by a member of the Judicial Board.
        • iv. The sanction imposed is disproportionate to the severity of the violation.
      3. The college Judicial Appeals Officer shall issue a written decision within five (5) days of receiving the appeal. The Judicial Appeals Officer may accept, reject or modify the Judicial Board’s decision or sanction.
      4. Judicial Appeals Officer’s decision shall be final

       

      The Code of Conduct Officer is listed below:

      Michael Ryan, Director of Public Safety

      mryan@quincycollege.edu

      617-984-1798

       

      Original: October 1999
      Revised: January 2006, September 2013, 2021
      Updated for Gender Inclusivity: Spring 2023;
      Added Staff Responsibility: August 2023