Student Conduct

i. Student Conduct Code

To promote a learning community that supports acceptance and appreciation of individual differences, personal responsibility, and freedom of expression with civility, the members of the Corcoran College of Art + Design have created the following Student Conduct Code. The Student Conduct Code addresses prohibited conduct in and out of the classroom.

ii. Violations

Prohibited conduct encompasses the following:

  1. Violation or attempted violation of federal, state, or local laws or regulations.
  2. Violation or attempted violation of the Student Housing Lease.
  3. Failure to comply with the directions of College officials, including the director of housing, resident assistants, Library staff, and security officers. These violations include verbally threatening, abusing, or harassing any College official acting in the performance of his or her duties.
  4. Intentionally furnishing false information to any designated College official, student housing staff, or the College; or failure to carry and/or provide valid student identification.
  5. Causing intentional or reckless psychological or physical harm to any Corcoran community member, themselves, to any person on Corcoran campuses or at Student Housing, or at Corcoran sponsored activities off campus, or causing reasonable apprehension of such harm. This includes social, racial, and sexual harassment or assault, as well as hazing, verbal or written threats, or bullying.
  6. Intentionally or recklessly interfering with College activities, including studying, teaching, staff meetings, honor code committee hearings, and student conduct committee hearings.
  7. Intentionally or recklessly destroying or damaging College property or the property of others on Corcoran campuses or at Student Housing (or at Corcoran-sponsored activities off campus).
  8. Intentionally or recklessly misusing, disabling, tampering, or damaging fire-safety equipment, doors, and signs.
  9. Intentionally or recklessly using Corcoran computing resources, including student e-mail and web pages, to:
    1. Engage in unsanctioned commercial activity
    2. Unauthorized distribution of copyrighted material using the Corcoran’s information technology system, including unauthorized peer-to-peer file sharing and illegal downloading.
    3. Transmit, store, display, download, print, or intentionally receive sexually explicit material
    4. Harass or threaten others
    5. Transmit fraudulent messages
    6. Impersonate another, or use another’s account without their permission
  10. Intentionally and substantially interfering with another’s freedom of expression on College campuses, at student housing, or at Corcoran-sponsored activities off campus.
  11. Any alcoholic possession or consumption by students under the age of 21 on College campuses, at student housing, or at Corcoran-sponsored activities off campus.
  12. Providing alcohol to minors on College campuses, at student housing, or at Corcoran-sponsored activities off campus.
  13. Engaging in any gambling activities, such as playing or gambling for money or other stakes.
  14. Use, possession, or actions under the influence of controlled substances, illegal drugs, or drug-related materials, or other paraphernalia.
  15. Unauthorized distribution—or possession for purposes of distribution—of any controlled substance, illegal drugs, or drug-related materials, or other paraphernalia.
  16. Unauthorized use, possession, or storage of any weapon on College campuses, at student housing, or at Corcoran-sponsored activities off campus.
  17. Unauthorized use or possession of fireworks and/or other incendiary materials on College campuses, at student housing, or at Corcoran-sponsored activities off campus.
  18. Unauthorized use, forgery, or altercation of any College document or instrument of identification.
  19. Unauthorized presence in, or use of, College premises, facilities, or property.
  20. Engaging in disorderly conduct, public intoxication, or lewd, indecent, or obscene behavior on or off college premises.
  21. Any behavior that disrupts or causes disruption to computer services, including damages, alters, or destroyed data or records; or behavior that adversely affects computer software, programs, systems, or networks. Additionally, behavior using data, computer systems, or networks to devise or execute any scheme to defraud, deceive or distort, or wrongfully obtain money, property, or data; or that intentionally introduces computer viruses into the system.
  22. Violating the terms of any disciplinary sanction imposed in accordance with this code.

Summary of Consequences for Violations of Law and Disciplinary Regulations

Students may be accountable to both civil authorities and to the College for acts which constitute violations of law and of the Student Conduct Code. Disciplinary actions at the College will normally proceed during the pendency of criminal proceedings and will not be subject to challenge on the grounds that criminal charges involving the same incident have been dismissed or reduced.

Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws

Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.

Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505.

Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. For more information, please see the Web site of the U.S. Copyright Office at www.copyright.gov, especially their FAQ’s at www.copyright.gov/help/faq.

Note: An interim suspension may be imposed by the dean of students or a designee pending disciplinary proceedings or medical evaluation. Such interim suspension is effective immediately without prior notice, whenever there is evidence that the continued presence of the student on College campuses or student housing poses a substantial threat to himself/herself, to others, or to the stability and continuance of normal College functions. In addition, the Corcoran can require participation in an alcohol or illegal drug counseling program for any student whose substance abuse problem affects his or her education or that of other students.

Procedure for Reporting a Violation

Members of the Corcoran community can file complaints for violations of the student conduct code within ten working days from the date of realization. The Student Conduct Committee will, within five working days, mail a letter of accusation to the suspected party. The letter will go to the accused student’s current mailing address listed with the Office of the Registrar. A copy of the letter will go to the student’s Corcoran e-mail account. The letter informs the suspected parties that they have five working days from the date of the letter to contact the Student Conduct Committee and make an appointment with the chair of the Student Conduct Committee to learn their rights and options. The Student Conduct Committee will begin an investigation, which does not involve a presumption of guilt on the part of the accused.

iii. Witnesses

The Student Conduct Committee may require any member of the College community to appear as a witness before the committee during a hearing. All requests for such appearances are issued by the chair of the Student Conduct Committee. The appearance of the accuser is usually required.

iv. Verdict

Guilty verdicts require a majority vote based on clear and convincing evidence. Students cannot be tried more than once for the same offense, except when an appeal is granted.

v. Outcome

Possible Immediate Disciplinary Action

The Student Conduct Committee determines the nature of the penalty by a majority vote for students found guilty of a student conduct violation. In instances where a student conduct violation warrants immediate disciplinary action in order to ensure the safety of other students, faculty, staff, or property, the dean of students may take any of the following actions before a Student Conduct Committee hearing takes place:

  • Restriction: The student cannot enter a specific area on Corcoran campuses or Student Housing
  • Eviction or relocation from student housing
  • Immediate suspension from the College
  • Immediate dismissal from the College

Penalties

The Student Conduct Committee is not restricted to one kind of penalty, but determines one commensurate with the seriousness of the offense. One or more of the following penalties may be imposed for violations of the Student Conduct Code:

  • Non-academic warning: The student is given written warning that future misconduct may result in more severe disciplinary action. A written statement is placed in the confidential files of the Student Conduct Committee but not made part of the student’s academic transcript.

  • Non-academic probation: Ineligibility to participate in any activity representing the College. A written statement is placed in the confidential files of the Student Conduct Committee but not made part of the student’s academic transcript.
  • Restitution: The student is required to pay the College, or other persons, groups, or organizations for damages incurred as a result of a violation. Restitution must be made within 30 days unless otherwise negotiated with the Student Conduct Committee.
  • Service hours: The student must complete supervised college service hours by a specific time. Upon completion, the hold on the student’s records is removed.
  • Eviction from or relocation within student housing: College housing accommodations are a privilege. Students who cannot live in a community as demonstrated by severe or repeated policy violations may be relocated to another apartment, have their housing agreement terminated, and, if evicted, become ineligible for all future housing. A written statement is placed in the confidential files of the Student Conduct Committee but not made part of the student’s academic transcript.
  • Random drug testing: If there is evidence of using, possessing, or acting under the influence of any controlled substance, illegal drug, or drug-related materials (as described in Prohibited Conduct #14 above), the Student Conduct Committee retains the right to require random drug testing within a specific time period.
  • Restriction: The student cannot enter a specific area on Corcoran campuses or Student Housing.
  • Ineligibility for graduation: At the discretion of the Student Conduct Committee, a graduating student involved with policy violations prior to graduation may not be able to graduate, participate in Commencement ceremonies, or receive a diploma until the case is adjudicated and sanctions completed.
  • Recommendation of suspension from the College for one or more semesters: A student’s academic record would read, “non-academic suspension from (date) to (date).” The recommendation is made to the dean of students. Non-academic suspension requires review and approval from the dean of students, who may alter, defer, or suspend the recommendation. During the period of suspension, the student cannot participate in College-sponsored activities, including mobility/study away/study abroad, orientation leadership positions, and other college activities and events.
  • Recommendation of dismissal from the College: A student’s academic record would read, “non-academic dismissal as of (date).” This penalty is recommended to the dean of students only in extraordinary circumstances, such as for repeated offenses. Non-academic dismissal requires review and approval from the dean of students, may alter, defer, or suspend the recommendation.
  • Other penalties: The Student Conduct Committee retains the right to impose additional penalties according to the specific needs of a situation. Such penalties are subject to review and approval from the dean of students.

vi. Appeal Process

Written requests for an appeal detailing new evidence, procedural irregularities, or other grounds which may have sufficient bearing on the outcome of the hearing must be presented to the chair of the Student Conduct Committee within seven working days following the date the verdict was rendered. Written requests are reviewed by the dean of students. If a new hearing is granted, no voting member from the original hearing may vote in a second or subsequent hearing(s) of the same case.

vii. Records

Hearing records are kept in the Student Conduct Committee’s files for a minimum of one year after the student’s graduation or date of last attendance.  If the evidence belongs to someone other than the accused, the original is returned to the owner and a copy kept with the records of the Student Conduct Committee. Records resulting in non-academic dismissal are kept in the student’s permanent academic record.

viii. Student Conduct Committee

Responsibility of the Committee

The Student Conduct Committee’s primary and indispensable duty is to instill the concept and spirit of the Student Conduct Code within the student body. The group’s secondary function is to sit as a hearing committee on all alleged violations of the code.

Composition of the Committee

The Student Conduct Committee is independent of the Academic Appeals Committee and the Honor Committee. Members are appointed by the dean of students and will consist of at least three staff members and at least three students. One of the three staff members will be appointed chair of the Student Conduct Committee and serve as a nonvoting member. In addition, the dean of enrollment will act as a nonvoting advisor of the committee, and will sit with and advise the committee at all hearings.

Terms of office for the Student Conduct Committee members will be at least one year, as determined by the dean of students. Members can be reappointed for additional terms. Previous Student Conduct Committee members can serve during the summer term.

Student members of the Student Conduct Committee found guilty of any violation of the Honor Code, the Student Conduct Code, or with a criminal offense may be disqualified from participation in the Student Conduct Committee. Student members of the Student Conduct Committee must also maintain good academic standing (i.e., not on probation, second probation, or suspension). In the event of a vacancy or disqualification of a Student Conduct Committee member, the dean of students will fill the vacancy.

Challenging and Voluntary Withdrawal of Committee Member from Participation in a Particular Hearing

An accused person who challenges the right of any member of the Student Conduct Committee to sit in judgment of him or her must present cause to the chair of the Student Conduct Committee. The Student Conduct Committee then decides the validity of the challenge with the challenged member abstaining from the vote. A simple majority decides the validity of any challenge. A successfully challenged committee member must not be present during the hearing. Members of the Student Conduct Committee who feel prejudiced regarding the facts of the case, is a close friend or relative of the accused, or would not be able to render an impartial judgment must withdraw from a specific hearing.

ix. Harassment Policy

Sexual harassment is a form of discrimination, and is forbidden by College policy as well as by Title VI of the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, and the District of Columbia Human Rights Act of 1977.

Harassment is defined as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature,” when:

  1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic participation
  2. submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual
  3. such conduct has the purposes or effect of unreasonably interfering with an individual’s performance or academic participation or creating an intimidating, hostile, or offensive working or academic environment.

Sexual harassment can take many forms and may include such conduct as:

  1. offensive sex-oriented verbal “kidding,” jokes, or abuse
  2. pressure for sexual activity
  3. offensive, unwanted physical contact such as patting, pinching, or repeated brushing against another’s body
  4. any demand for sexual favors, accompanied by implied or overt promises of preferential treatment or threats concerning an individual’s employment status. Sexual harassment can involve behavior by a person of either gender against a person of the same or opposite gender, and it may, depending on the circumstances, include conduct of a staff member, student, or vendor. As used in this policy, “staff member” refers to administrator, faculty member, or support staff member.

Harassment on the basis of any other protected characteristic is also strictly prohibited. Under this policy, harassment is verbal, non-verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his or her age, sex, race, national origin, religion, sexual orientation, medical condition, marital status, disability, or any other characteristic protected by law or that of his or her relatives, friends or associates, and that:

  1. has the purpose or effect of creating an intimidating, hostile or offensive environment
  2. has the purpose or effect of unreasonably interfering with an individual’s work performance
  3. otherwise adversely affects an individual’s employment opportunities.

Harassing conduct includes, but is not limited to, epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes, bullying, displays, or circulations of written or graphic material that denigrate or show hostility or aversion towards an individual or group in the workplace.

Students experiencing harassment, whether by a fellow student, faculty or staff member, outside vendors or other individuals involved with the Corcoran must report the incident immediately to the dean of students. The College will take prompt and necessary steps to investigate all reports of harassment. Any person found guilty of harassment will be subject to appropriate disciplinary action. The College will also take any additional action necessary to correct the situation. The College will not tolerate any retaliation from its employees against students who make complaints or participate in an investigation regarding a complaint of harassment.

x. Sexual or Romantic Relationships with Faculty or Staff

The College strongly recommends that members of the College community avoid any consensual romantic or sexual relationships between students and faculty or staff, particularly when the faculty or staff member supervises or is in a position to make (or influence) academic or professional decisions concerning the student.

When one person has the ability to grade, advance, promote, recommend, or otherwise influence the employment or academic status of the other, it creates an actual or perceived conflict of interest including the opportunity for exploitation, favoritism, or bias. Those relationships can undermine the important values of respect and trust among members of the College community.

If such a relationship develops, the persons involved should terminate the supervisory/evaluative aspects of the relationship, including instances involving faculty-student relationships enrollment in any courses taught by the employee, any situation in which the employee would have input into a student’s grade or disciplinary action against the student, or would advise the student on a thesis or other formal project. If the people involved in the relationship find terminating the relationship impossible, they must immediately notify a supervisor of the involved employee, so that appropriate and effective steps can be taken to resolve the inconsistency with this policy. Students should not take courses with the faculty member even after the relationship has ceased.