THE COLLEGE JUDICIAL SYSTEM
As a student of King's College, you are a member of several communities, among them the city, county, state, country, and the College. Because of your membership, you are subject to the conduct codes of each of these communities. The Student Conduct Code is a statement of the minimum acceptable level of conduct expected of you as a student of King's. The college expects you to maintain the standard of behavior expressed in our mission statement.
Each student, by voluntarily becoming and remaining in the King's community, accepts the responsibility to adhere to and support the Student Conduct Code. Students must be aware that the college has the right to create and enforce the conduct code, conduct hearings, and issue sanctions. The associate vice president for student affairs interprets the Student Conduct Code, policies, regulations, and procedures for the College Judicial System.

A. Authority
The vice president for academic affairs has the responsibility for the administration of alleged academic integrity cases, including the appointment of an administrative hearing officer. The vice president for academic affairs will also appoint members of the Faculty Judiciary to the hearing board for an individual case of alleged academic integrity.
The vice president for student affairs has the responsibility for the administration of alleged non-academic misconduct cases, including the appointment of an administrative hearing officer. The associate vice president for student affairs will appoint members of the Student Judiciary to the hearing board for an individual case of alleged non-academic misconduct and for an individual case of alleged academic integrity. The associate vice president for student affairs is the chief judicial officer for the College. Administrative hearing officers are the associate vice president for student affairs and other staff as assigned.

B. Jurisdiction
The judicial system will have jurisdiction over incidents that take place on campus and at events sponsored by the College or student organizations registered by the Office of Student Activities and/or the Student Government. The College reserves the right to discipline students for behavior of a serious nature that takes place off campus. Any complaint made to the college administration concerning inappropriate student behavior off campus, especially involving damage to property and/or alcohol abuse, is subject to disciplinary action by the college. The decision to conduct hearings for off-campus incidents will be determined by the associate vice president for student affairs.

C. Rights of the Accused Student
The accused student has the right to:
1. be informed of the specific alleged violations of the Student Conduct Code;
2. be informed of who is the complainant;
3. have a hearing;
4. be notified in writing at least three days prior to the hearing of the alleged violations and the date, time, and place of the hearing;
5. select an advisor, providing the advisor is (a) a regular member of the faculty, staff, or student body of the College, and (b) not an attorney, except in special circumstances (see section L).
6. an appeal.

D. Initiation of Complaint
Any member of the college community (student, staff, faculty, employee or member of the public) may initiate a complaint by contacting the appropriate Student Affairs staff member. The College Student Judicial process will address cases of alleged violation of the Student Code of Conduct that has taken place within twelve months of the alleged offense or within twelve months from the time the accused is identified by the complainant or victim.
A faculty member who has reason to suspect a student to have violated Regulation I: Academic Integrity may choose to approach the student directly to clarify the situation. If the faculty member and student agree on the offense and the appropriate discipline, the agreed upon sanctions will be imposed. Should the professor and student fail to agree, the question will be referred to the associate vice president for academic affairs who will appoint an administrative hearing officer.

E. Preliminary Investigation
The administrative hearing officer will conduct a preliminary investigation. The preliminary investigation will consist of reviewing the complaint, gathering additional information, and interviewing witnesses. The preliminary investigation will be conducted in the shortest period of time.

F. Notification of Accused
The administrative hearing officer will notify the accused student of the alleged violations and refer the student to the student handbook for information concerning the discipline process. The student will be given at least three days to schedule an appointment.

G. Meeting with the Administrative Hearing Officer
1. The administrative hearing officer will discuss the alleged violation with the accused as outlined in section H. The student will be informed of their rights for disciplinary proceedings. The administrative hearing officer may dismiss the complaint due to lack of evidence.
2. If the administrative hearing officer does not dismiss the complaint, the student may:
(a) request an administrative disposition of the case (see section H).
(b) request a judiciary disposition of the case
(see section I).
(c) accept the decision of the administrative decision officer based on the preliminary investigation.
(d) not specify the type or disposition (administrative or judiciary), accept the decision of the adminis-
trative hearing officer, or respond to the alleged
violation(s). In this situation the administrative
hearing officer will conduct an administrative dis- position (section H) of the case.
3. Minor offenses in the residence halls will be heard in conformity with the informal hearing process. Some examples of minor offenses are violations of the College Code of Conduct pertaining to alcohol, quiet hours, visitation, escort, and horse playing violations.
4. During times when a judicial board is not available (such as during break periods, final examinations or during the summer sessions), violations may be decided by the administrative hearing officer. The appropriate associate vice president will have the authority to decide if an administrative process will be conducted.
5. The accused at his/her request, will receive from the administrative hearing officer:
(a) a copy of the written referral or complaint;
(b) a statement of rights of the accused for the college judicial process.

H. Administrative Disposition
The purpose of the administrative disposition process is to provide a non-adversarial atmosphere for adjudicating alleged violations of the Student Conduct Code. When the student meets with the administrative hearing officer, the following shall take place:
1. A description of the alleged incident and alleged violations of the Conduct Code will be provided by the administrative hearing officer.
2. The accused student shall be permitted to provide evidence including his/her own testimony and the testimony of witnesses. Witnesses may be heard individually or by groups as determined by the administrative hearing officer.
3. The administrative hearing officer will determine if the accused student is in violation or not in violation of the Student Conduct Code. If the determination is that the accused is in violation, the administrative hearing officer will issue a sanction. The determination of a violation must be based on clear and convincing evidence.
4. The accused student may accept or reject the finding of the administrative hearing officer. This decision must be made within three administrative working days of the decision being issued.
(a) If the accused does not specify their acceptance/ rejection, the decision will be imposed as issued.
(b) If the student rejects the decision, the case may be forwarded to the appropriate vice president or their designee for appeal.
5. The following procedural guidelines will be used in administrative disposition:
(a) If the accused student fails to respond to the noti- fication from the administrative hearing officer,
the case will be reviewed and a decision will be
issued without the accused present.
(b) The administrative hearing officer will use the
student's prior record in determining the student's sanction but not in determining in violation/not in violation.

I. Judiciary Disposition
The Judiciary provides an objective and unbiased means of insuring that the rights of the individual and community are protected. The two components of the Judiciary are the Student Judiciary and the Faculty Judiciary.
1. The Student Judiciary is to dispose of disciplinary cases and recommend determinations of in violation or not in violation of the College Code of Student Conduct as well as sanctions. Members of the Student Judiciary will also serve with members of the Faculty Judiciary on a hearing board in cases of alleged academic integrity. The Student Judiciary will consist of ten students. These students are chosen through an application/interview process conducted by a committee consisting of the associate vice president for student affairs or their designee, the president of Student Government or his/her designee, a resident assistant, the chair and vice chair of the Student Judicial Board. The chair of the Student Judicial Board or his/her designee will chair the process. The associate vice president for student affairs will be an official member of the selection process with voice but no vote. The associate vice president for student affairs will coordinate the application process, interviews, and Student Judicial Board hearing process. Board members (1) must have a minimum grade point average of 2.25 and (2) may not be a member of the residence life staff.
The selection committee may appoint up to two alternates for the Student Judiciary. Alternates will be appointed to the Student Judiciary by the associate vice president for student affairs if vacancies occur on the Judiciary.
Present Student Judiciary members are appointed for a one-year period. Members may be reappointed for the following year on the recommendation of the majority of the present Student Judiciary members. Reappointment of Student Judiciary members will be conducted in a closed ballot of the Student Judiciary. The Student Judiciary in reappointing members will consider the member's service to the board during the past year and the individual's adherence to the ethics statement.
2. Hearings will be conducted by a hearing board.
(a) In cases of non-academic integrity (Regulation I, Student Code of Conduct), the hearing board will consist of five members of the Student Judiciary. Student Judiciary members will be appointed to a hearing board on a rotating order, providing there is no conflict of interest. Each hearing board mem-
ber will have one vote in deciding the case. The
hearing board will make its recommendation to the associate vice president for student affairs.
(b) In cases of academic integrity (Regulation I, Stu-
dent Code of Conduct), the hearing board will con- sist of three members of the Faculty Judiciary and two members of the Student Judiciary. Faculty
Judiciary and Student Judiciary members will be
appointed to a hearing board on a rotating order,
provided there is no conflict of interest. One fac-
ulty member must be from the academic division in which the alleged violation occurred. Each hear- ing board member will have one vote in deciding the case. The hearing board will make its recom- mendation to either the associate vice president for academic affairs.
3. The hearing board will elect from its membership a chairperson and vice chairperson to facilitate the hearing. The chairpersons will be elected by a majority of the Judiciary.
4. The accused student must be notified of the time and place of the hearing and alleged violations. The accused must be notified no less than three school days prior to the hearing.
5. When there is more than one student accused in an incident, each person may request an individual hearing. The student must specify his/her reason for requesting an individual hearing. This request will be decided by the appropriate associate vice president.
6. The hearing will be conducted in the following order:
(a) The complainant will present the alleged violations to the board. The complainant may be assisted by an advisor from the King's community. They may call witnesses to substantiate the allegations.
(b) The accused student shall then present evidence. They may be assisted by an advisor from the King's community. The accused may call witnesses on
his/her behalf to testify to the alleged violations
and character.
(c) Witnesses will be present only for their own testi-
mony.
(d) Summaries of the testimony can be presented by
both sides.
(e) Hearing board members may question all partici-
pants in the hearing.
7. (a) The board will determine if a violation occurred
and recommend appropriate sanctions. A major-
ity, three members, of the Student Judicial Board is required for a student to be found in violation of the Student Code of Conduct and on the sanction to be issued. This determination will be a recom-
mendation to the associate vice president.
(b) The appropriate associate vice president will af-
firm, reverse, or modify the decision of the board.
(c) The hearing chairperson will appoint a member of the hearing board to write the board's opinion of the case. The opinion will include:
a. alleged violation(s) of the Student Conduct Code,
b. summary of evidence,
c. determination of violation,
d. recommendation of sanctions, if appropriate.
8. Hearings will be closed to persons not directly presenting testimony.
9. Testimony given at a hearing will be done under oath or affirmation and students who provide false information may be charged with Contempt (Regulation XXII, p. 2).
10. All hearings will be audio taped. The audio tape will be available to the appropriate associate vice president and the appropriate vice president. The audiotape will be kept ten (10) days past the appeal date and then erased or destroyed.
11. In cases of non-academic misconduct, the associate vice president for student affairs or their designee will serve as the advisor to the hearing board to insure due process and advise the board within the hearing process. They will not take part in the deliberation of the board. In cases of academic integrity, the associate vice president of the school or their designee in which the alleged violation occurred will advise the hearing board. They will not take part in the deliberation of the board.
12. Hearing board decisions and sanctions will be considered as recommendations to the appropriate associate vice president. Decisions will not be effective until approved by the appropriate associate vice president. Decisions issued after approval by the appropriate associate vice president may be appealed to the appropriate vice president by the accused student (see section K).
13. In cases where there is alleged violation of the Student Code of Conduct involving physical assault, harassment, sexual assault/rape, or sexual harassment, the associate vice president for student affairs may require administrative disposition of the case.
14. In cases where there are two or more students accused in the same incident, all students must choose the same hearing process. If the accused choose different hearing processes, administrative disposition will be conducted.

J. Residence Life Hearings and Appeals
Minor violations of the Student Conduct Code that occur in a residence hall or a college-operated student apartment building will be heard by the assistant director of residence life who will be an administrative hearing officer. The assistant director of residence life will follow the same procedures as outlined in the informal disposition section. Appeals from the assistant director of residence life will be heard by the director of residence life . The assistant director of residence life may not issue suspension or expulsion.

K. Appeals
Appeal Deadline: The student is required to file within three business days an appeal of the decision from the hearing officer or board as stated in the decision letter or notification. It is the student's obligation to obtain mail from his/her campus mailbox each day. Failure to get mail from the campus mailbox will not be considered grounds for an extension in the appeal deadline or for filing a late appeal. If the letter is sent to the student's home address via return receipt and the letter is not accepted or picked up from the post office and is returned to the College, that will constitute avoiding notification of the decision on the part of the student and an extension will not be issued.

Appeals will not be accepted if submitted after the deadline stated in the decision notice or letter.

Appeals must be submitted in person to the appropriate vice president's office during normal College business hours (Monday through Friday, 8:30 a.m. to noon and 1:00 p.m. to 4:30 p.m.; offices are closed on weekends and College holidays). For offenses of Regulation I: Academic Integrity, the appropriate vice president is the vice president for academic affairs; the vice president of student affairs hears all other appeals. If the appeal letter is sent by mail it must be sent Return Receipt Requested and be postmarked prior to the deadline date stated in the decision letter.

Appeal Deadline Extensions: Extensions for deadlines will only be considered in specific circumstances:
1. Conflict with academic requirements, preparing a test, presentation, or similar assignment or event. The extension must be requested of the associate vice president for student affairs during normal business hours prior to the deadline date. The extension will be for no more than three business days.
2. Conflict with a College holiday or break when the appeal must be sent by mail. Extension must be requested prior to the original deadline and the extension will be for no more than three business days.
3. Other circumstances that arise may be cause for an extension only if requested prior to the original appeal deadline.
If an appeal is granted, the appeal letter must be submitted by the extended deadline date and time in the same manner as indicated above. Appeals will not be considered if the student failed to attend a meeting with the administrative hearing officer or advisor to the board, failed to obtain mail from his/her campus mailbox, or for other reasons.

Filing an Appeal: Appeals must be filed in the following manner:
1. The student must submit a typed letter to the appropriate vice president's office. At the time of submitting the appeal, the student will schedule an appointment with the vice president or his/her designee.
2. The letter must specify one of the four reasons
stated below in the section Circumstances and Process, (b), for appealing along with a rationale for the appeal.
3. The student must state the desired outcome they are seeking in filing the appeal.
4. The student must state in their letter how they can be contacted by telephone and by mail.

Circumstances and Process
The basic premise of the appeal is to insure that both the accused and complainant rights to a fair and just outcome is reached. The appeal is not a rehearing of the original case.
When processing appeals, the vice president or his/her designee will review the written appeal material. The vice president or their designee will adhere to the following process in deciding the appeal:
(a) In the opinion of the vice president or his/her des-
ignee, if the written appeal does not demonstrate
significant cause for further consideration the ap-
peal will be rejected and the student will be no-
tified in writing.
(b) The appeal must be based on one of the following reasons:
1. Denied Due Process: If the appeal is based on the student being denied due process, the vice president or his/her designee will meet
with the student and the hearing officer or ad- visor to the board to determine if a violation of the student's rights took place.
2. Erroneously Found in Violation of a Regu- lation: If the appeal is based on the belief the student was found in violation of the regula-
tion they do not believe they were in viola-
tion, the vice president will meet with the stu-
dent and the complainant and if necessary
other witnesses.
3. An Overly Harsh Sanction: If the appeal is based on the student's belief they received an overly harsh sanction, the vice president or
his/her designee will meet with the student
and the hearing officer or advisor to the board. In reaching the decision on the sanction, the vice president or his/her designee will con-
sider the minimum sanctions requirements, the student's prior record and special circum-
stances, if any.
4. New Evidence: If the appeal is based on new evidence, the vice president or their designee will meet with the student. New evidence is information that was not known at the time of the original hearing. The following does not constitute new evidence:
(1) a witness who was known to the stu-
dent did not testify at the hearing,
(2) the student did not ask someone to tes-
tify or,
(3) the student did not disclose information at the hearing that was known at the
time of the hearing.
A student may not appeal based on new evi-
dence if they did not appear at the hearing or meeting with administrative hearing officer. If an appeal is granted based on new evidence, the vice president or his/her designee may
only order a new hearing for the student.
(c) The vice president or his/her designee may meet
with the accused, the complainants, administrative hearing officers, advisor to the board or witnesses, in person or by telephone.
(d) The vice president or his/her designee may reverse, modify or uphold the original decision issued by
the administrative hearing officer or board except as noted above. The decision reached on the ap-
peal may not be more severe than the original de-
cision of the administrative hearing officer or
board. The vice president or their designee will
notify the appealing student and the complainant of the outcome of the appeal.
(e) Only cases that result in a student being suspended or expelled from the College may be reviewed by the president of the College. In suspension and
expulsion cases the review must be requested in
writing within three business days of the appeal
decision being issued by the vice president or their designee. In cases that do not result in suspension or dismissal from the College the decision of the
vice president or his/her designee is final.

L. General Rules of Procedure
1. Attorneys may serve as advisors in judicial cases when (a) the student has been charged by the criminal courts for the same incident the College Judicial System is hearing and/or (b) when the college or complainant has an attorney present at a hearing.
2. Advisors at hearings may only assist the accused student in presenting his/her case at the hearing.
3. A preponderance of evidence is required to find a student in violation of the Student Code of Conduct.
4. Complainant for a referral may be a student, staff, member of the public, or faculty member in the college. In situations where it is necessary to protect the community and the complainant refuses to file a complaint, the college will serve as the complainant and be represented by a staff member.
5. Hearing board decisions and sanctions, if any, will be a recommendation to the appropriate associate vice president. Decisions and sanctions will not be effective until approved by the appropriate associate vice president. Hearing board decisions and sanctions may be appealed to the appropriate vice president (see section H.).
6. Evidence presented in a judicial proceeding may be physical or testimony given in writing or verbally. Hearsay testimony is evidence presented that the witness does not have first-hand knowledge. Written statements presented at a hearing where the author of the statement is not present is hearsay evidence. Hearsay evidence may be used to support first-hand evidence, but shall not be used as the primary evidence in determining a violation.
7. Prior Record: The prior record will be a summary of the student's disciplinary record and will be prepared by the associate vice president for student affairs. The prior record will be given to the board if the student is found in violation of the Student Conduct Code. The prior record can be used to determine the appropriate sanction for the student found in violation.
8. Sexual Assault, Rape and Harassment: Due to the sensitive nature of such cases involving alleged violation of college regulations regarding sexual assault, rape and/or harassment, the College has established special procedures to be used in the hearing process.
(a) The complainant may have an advisor present from outside the College community who is a sexual
assault counselor, victim's counselor, professional counselor, clergy, or attorney.
(b) The accused may have an advisor from outside the College community who may be an attorney.
(c) The complainant and/or the accused may present his/her testimony by written statement, audio or
videotape. In these special circumstances these
statements will not be considered hearsay.
(d) The complainant may present a survivor's impact statement as part of his/her statement or testimony.
9. The results of all students' judicial process cases are confidential and not to be released to any unauthorized persons. In all cases if a person is authorized to be informed of the outcome of a case they are required not to inform any other person of the outcome. Failure to adhere to this policy will result in discipline and/or employment action and exclusion from receiving outcomes of disciplinary cases. In accordance with federal statue all survivors of violent crimes and sexual assault cases may receive the outcome of their case. At the discretion of the associate vice president for student affairs the complainant in the case and college officials with a need to know may be informed of the outcomes of cases. With the permission of the student, disciplinary record information may be supplied to third parties including for the purpose of reference or records checks. The College will provide disclosure as a result of being served an order by a court for student records.
10. Victims of sexual assault, rape, physical assault or other victim orientated offenses of the student code of conduct will not be subject to the Student Judicial Process for the violation of minor offenses. A person acting to assist a victim of sexual assault, rape or physical assault will not be subject to the Student Judicial process for minor offenses.
11. If a student accused of an offense of the Student Code of Conduct withdraws from the college or is suspended or dismissed from the College the Student Judicial process for pending cases will proceed at the discretion of the associate vice president.
12. Directive Issued by the Associate vice president for student affairs or designee: The associate vice president for student affairs or designee may order a student not to have contact with another student or employee, on or off campus. This order may include directing the person not to enter or use specified college facilities, campus or properties leased or rented by the college. This directive may be for a specific period of time or indefinite. The directive may be issued while a complaint is being investigated by the associate vice president's office or as a result of a decision issued through the Student Judicial process. In cases when a student is suspended or expelled from the College for disciplinary reasons, the student is prohibited from being on College property or attending any event sponsored by the College or its organizations on or off campus.
13. No Trespass Order: The associate vice president for student affairs or designee may issue a letter of no trespass to any person whose presence on campus is seen as disruptive to the campus or individuals in the college community. Persons who violate the no trespass order will be referred to local authorities.
14. The complainant and accused student in cases heard by the Student Judicial Board may challenge the composition of the hearing board for cause. Cause must include specific reasons why a member may be bias in hearing the case. Challenges for cause must be made to the associate vice president for student affairs or advisor to the board prior to the beginning of the hearing.
15. The College will pursue the investigation and conduct the Student Judicial process on campus independently of any criminal or civil actions arising out of the same incident. The decision of the College Judicial process is independent of the criminal court.

M. Sanctions for Violation of the Student Conduct Code:
1. Censure: A written reprimand that can be used as a prior record if further violations occur.
2. Restitution: Compensation for damage or offense committed through payment of money.*
3. Monetary Sanctions: The amount of the sanction will be determined by the hearing officer or panel. No sanction shall exceed one hundred dollars ($100) without the approval of the associate vice president for student affairs.*
4. Disciplinary Probation: Probation is for a specific period of time in which any further disciplinary violations will result in the student's suspension. Parents/guardians will be notified when a student is placed on probation.
5. Interim Suspension: Interim suspension is ordered by the vice president for student affairs when there exists sufficient evidence that a student is a clear and present danger to the community prior to and/or during the hearing process.
6. Supplementary Sanctions: Supplementary sanctions include community service, work discipline, temporary confiscation of property, restriction from involvement in student activities (including clubs, organizations, intercollegiate sports) and other restrictions.
7. Withdrawal of Institutional Funds: The College may withdraw institutional financial aid for a specific amount of time.
8. Residence Hall Suspension: The student will be denied college-owned housing for a specific period of time.
9. Suspension: Suspension separates the student from the college for a specific period of time. The time period will be no less than one full semester.
10. Expulsion: Expulsion is the permanent separation of the student from the College.
11. Any violation of the College Code of Conduct or College Policies motivated by the victim or complainants; racial identity, national origin, ethnicity, gender, religion, disability or sexual orientation shall subject a student to a more severe sanction than would ordinarily accompany that violation.

*Monetary sanctions and/or restitution not paid by the date specified will result in additional penalty of .50 cents per day late fee and the student's records (grade reports, transcripts, recommendations) will be held. Continued failure to follow the sanctions will result in additional disciplinary sanctions.

N. Sanctions for Academic Integrity (Regulation I, Student Code of Conduct)
Sanctions for academic integrity determined by a faculty member, administrative hearing officer, or by a hearing board include the following:
1. Reduction in grade for assignment.
2. Failure for assignment.
3. Reduction in course grade.
4. Failure in course.
5. Suspension. (See M. 9.)
6. Withdrawal of institutional funds. (See M. 7.)
7. Expulsion. (See M. 10.)

O. Students may be required to attend counseling on or off campus if found in violation of a regulation. Counseling will be required when determined by the administrative hearing officer or hearing board.

P. Mandated Minimum Sanctions
The following is based on single offenses with no prior record. The administrative hearing officer or board may increase and/or substitute sanctions that they deem appropriate for the individual students development and to benefit the community.
Disorderly Conduct:
Physical Assault: Minimum disciplinary probation for one year, $100.00 fine, community service - maximum expulsion. Physical assault, including fighting in a college environment will not be tolerated.
Alcohol and Other Drugs:
1. Possession or use of alcohol by a person under 21 on or off campus: Censure and $50.00 fine.
2. Alcohol-related behavior on or off campus: Censure, $50.00 fine and alcohol/drug counseling. If the incident includes medical treatment: Disciplinary probation, $100.00 fine and alcohol/drug counseling and treatment.
3. Possession or use of drugs: Disciplinary probation, alcohol/drug treatment and $100.00 fine. Sale or distribution of drugs: Expulsion.
4. Furnishing alcohol to persons underage: Disciplinary probation and $50.00 fine per person underage.
5. Common containers: On-campus disciplinary probation, $100.00 fine and alcohol education.
See Alcohol and Drug Education Treatment Policy brochure for additional sanctions: Off-Campus Behavior
1. Dropping a substance from a window: Disciplinary probation and $100.00 fine to the individual offender and/or tenants of the dwelling.
2. Discharging firearm/weapon including but not limited to BB-gun: Suspension from the college for one year.

NOTES:
When more than one regulation is offended the administrative hearing or student judicial board will combine sanctions in a manner consistent with the seriousness of the offenses.
Educational Sanctions: Educational sanctions also include counseling on or off campus, participation in treatment program, developmental experiences (DAWN Weekend), assessments for emotional or alcohol/drug abuse, papers, bulletin boards, or other activities ordered by the hearing officer or board.
Students on disciplinary probation when a second offense takes place are subject to suspension from the College.
Disciplinary probation is for no less than one semester with notification of parents/guardian.