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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.
Prohibited conduct encompasses the following:
- Violation or attempted violation of federal, state, or local laws or regulations.
- Violation or attempted violation of the Student Housing Lease.
- 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.
- 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.
- Causing intentional or reckless psychological or physical harm to any Corcoran community member, themselves, to any person on Corcoran campuses, 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, cyber bullying or bullying.
- Intentionally or recklessly interfering with College activities, including studying, teaching, staff meetings, honor code committee hearings, and student conduct committee hearings.
- 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).
- Intentionally or recklessly misusing, disabling, tampering, or damaging fire-safety equipment, doors, and signs.
- Intentionally or recklessly using Corcoran computing resources, including student e-mail and web pages, to:
- Engage in unsanctioned commercial activity
- Unauthorized distribution of copyrighted material using the Corcoran’s information technology system, including unauthorized peer-to-peer file sharing and illegal downloading.
- Transmit, store, display, download, print, or intentionally receive sexually explicit material
- Harass or threaten others
- Transmit fraudulent messages
- Impersonate another, or use another’s account without their permission
- Intentionally and substantially interfering with another’s freedom of expression on College campuses, at student housing, or at Corcoran-sponsored activities off campus.
- 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.
- Providing alcohol to minors on College campuses, at student housing, or at Corcoran-sponsored activities off campus.
- Engaging in any gambling activities, such as playing or gambling for money or other stakes.
- Use, possession, or actions under the influence of controlled substances, illegal drugs, or drug-related materials, or other paraphernalia.
- Unauthorized distribution—or possession for purposes of distribution—of any controlled substance, illegal drugs, or drug-related materials, or other paraphernalia.
- Unauthorized use, possession, or storage of any weapon on College campuses, at student housing, or at Corcoran-sponsored activities off campus.
- Unauthorized use or possession of fireworks and/or other incendiary materials on College campuses, at student housing, or at Corcoran-sponsored activities off campus.
- Unauthorized use, forgery, or altercation of any College document or instrument of identification.
- Unauthorized presence in, or use of, College premises, facilities, or property.
- Engaging in disorderly conduct, public intoxication, or lewd, indecent, or obscene behavior on or off college premises.
- 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.
- 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.
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.
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.
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
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.
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 Review 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. Discrimination and Harassment
The Corcoran is an equal opportunity institution that complies with all applicable city and federal laws related to discrimination and harassment. This policy covers all faculty, staff, students, applicants for admission and employment, vendors, guests, and contractors. This policy applies to every part of the Corcoran’s operations including admissions, employment, and access to programs, services, and facilities.
The Corcoran prohibits discrimination and harassment against any Corcoran community member on the basis of race, religion, color, national origin, sex (including pregnancy), age, sexual orientation, gender identification and expression, disability, marital status, personal appearance, family responsibilities, political affiliation, source of income, veteran status, genetic information or any other basis protected by federal or local laws (protected status). The Corcoran prohibits retaliation against a member of the Corcoran community for filing a complaint of discrimination or harassment or assisting in the investigation or resolution of a complaint. Retaliation includes but is not limited to threats, intimidation and adverse actions related to employment or education.
The Corcoran will respond promptly to reports of discrimination, harassment and retaliation and will take appropriate action to prevent, to correct, and to discipline individuals who violate this policy. Members of the community who have relevant information are expected to cooperate with investigations of misconduct.
Discrimination occurs when an individual suffers an adverse employment, academic or other decision based on the individual’s protected status. Discriminatory harassment is defined as verbal, written, visual or physical conduct that denigrates or shows hostility against a protected class when such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, humiliating or offensive working or learning environment.
Sexual harassment and sexual violence may be described as unwelcome sexual advances, requests for sexual favors or other oral, written or physical conduct of a sexual nature when:
- submission to or rejection of such conduct is made a term or condition or education, employment or participation in other Corcoran activities
- submission to or rejection of such conduct is used as the basis for academic or employment decisions, or
- such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile or offensive working or learning environment.
Sexual violence includes rape, other forms of non-consensual sexual activity, or violence or harassment based on sexual orientation or expression. Victims of sexual violence should call 911 and contact the appropriate responsible official for victim assistance resources.
All Corcoran community members who are aware of or witness sexual harassment, discrimination or discriminatory harassment must report the incident to the appropriate responsible official.
Under Title IX of the Education Amendment of 1972 and Section 504 of the Rehabilitation Act, the Corcoran is required to designate individuals responsible for compliance in providing a working and learning environment free of sexual harassment, discrimination and discriminatory harassment.
The Corcoran’s responsible officials are:
- Title IX and Section 504 Officer for students is the dean of students.
- The Deputy Title IX/EEO and Section 504 Officer for faculty is the provost.
- The Deputy Title IX Officer/EEO and Section 504 Officer for employees is the senior director of human resources.
The Title IX Officers or their designees are jointly responsible for investigating Title IX and other discrimination complaints; and coordinating, planning and managing the discrimination, harassment and sexual harassment education and training programs for faculty, staff and students. These programs include communication of the Corcoran’s policies, providing educational materials to promote compliance with the policy and familiarity of reporting procedures, and training employees responsible for reporting or responding to reports of discrimination and harassment.
Notify the responsible official as soon as possible of violations of this policy. A complaint must be reported to the office having jurisdiction over the accused person:
complaints against students should be reported to the dean of students
complaints against faculty or instructors should be reported to the provost
complaints against employees, vendors, guests or contractors should be reported to the senior director of human resources
The goal of informal resolution is to resolve the situation with the cooperation of all parties involved. Informal resolution may include inquiry into the facts, addressing the respondent directly, participating in a facilitated meeting with the appropriate officials or participating in mediation. An informal resolution is preferred and can include: separating the parties, referring the parties to counseling, conducting targeted educational and training programs, or providing remedies for the individual harmed by the alleged discrimination or harassment. If the matter is resolved informally to the satisfaction of all parties the responsible official shall maintain a record of the complaint and the resolution. If informal resolution is not possible the Corcoran will proceed to a formal resolution.
If informal resolution is unsuccessful or inappropriate due to the circumstances, or if the complainant prefers a formal procedure, a formal complaint may be filed with the responsible official. A written compliant should include a detailed description of the conduct , supporting documentation if any, names and contact information of the Respondent and any witnesses.
Depending on the nature of the allegations, the investigation may include interviews with appropriate parties and review of documentation or other materials. The Responsible Official may take appropriate interim measure to ensure the safety of and prohibit retaliation towards any of the parties involved. The Responsible Official will evaluate the allegations and review the evidence to formulate an outcome.
At the conclusion of the investigation the Responsible Official will notify the concerned parties of the outcome in writing including referral to the appropriate disciplinary measures.
- Student sanctions may include a written warning, a ban from specific areas, loss of student privileges including housing, disciplinary probation, suspension or permanent dismissal.
- Employee discipline may include verbal or written warnings, reassignment, mandatory counseling or training, suspension or termination.
- Faculty sanctions may include verbal or written warnings, reassignment, mandatory counseling or training, suspension or termination.
The law requires the Corcoran to ensure a work and learning environment free from discrimination and harassment. Even when an affected individual requests that no action be taken, the Corcoran has an obligation to investigate these complaints and take appropriate action. This policy should not be used to bring false or frivolous charges against students, faculty, or employees. An individual bringing such charges may be subject to disciplinary action.
All parties engaged in the complaint process are expected to maintain confidentiality. All reports or complaints of discrimination and harassment will be kept confidential, except that individuals with a legitimate need to know will be informed of the complaint in order for the Corcoran to conduct a meaningful review or investigation of each complaint and for the purpose of determining whether the complain is isolated, frequent, part of a pattern, or pervasive.
Records of all complaints will be maintained by the responsible official who received and handled the complaint.