1. Introduction, Definitions and Terms

1.1 Table of Contents

Article 1 – Introduction, Definitions, Rights, and Responsibilities
Article 2 – Standards of Conduct
Article 3 – Interim Actions
Article 4 – Procedures for the Adjudication of Alleged Misconduct
Article 5 – Sanctions  
Article 6 – Procedures for Appeal   
Article 7 – Interpretation and Review  

1.2. Introduction

To the Students of the College of Western Idaho, 

When you applied to become a student at the College of Western Idaho, you chose to become a member of a proud, vibrant and diverse educational community.  Ours is a community built upon the foundational values of excellence, innovation, integrity, caring, respect, and a commitment to empowering students to succeed.  These principles form the bedrock upon which we seek to develop ourselves and enrich our community, a goal which cannot be achieved without integrity, both in action and intent.  We strive to create an environment where inquiry and growth are supported by a shared sense of respect and an implicit responsibility to care for one another.  As a member of this community, you have agreed to hold yourself and every member of the College community to a higher set of ideals. 

The Student Code of Conduct describes a set of policies designed to reflect our unique culture while ensuring that all who seek knowledge are held to the same standards.  This Code is intended to provide a framework upon which we can all rely to reflect and uphold our commitment to procedural fairness, equitable treatment, and a sense of shared accountability.  I urge each of you to become familiar with what is expected of you, and what you can expect from one another, to ensure that you, as a member of our community, have the best possible opportunity for success during your time at the College of Western Idaho.  It is my hope that you will join us in celebrating the unique opportunities we share as we move through CWI’s second decade. 

Chad M. Trisler 
Dean of Students & Title IX Coordinator

1.3. Purpose and Application 

Pursuant to College of Western Idaho (CWI) Policy STU-040, students are responsible for observing campus rules and regulations and helping to maintain appropriate conditions in the classroom, on CWI’s campus, and in the community. A student's registration obligates them to comply with the policies of CWI and its Student Code of Conduct (Code).  The purpose of this document is to provide a clear explanation of the rights, responsibilities, and expectations of each student attending CWI, as well as to provide a process for addressing any allegations of misconduct. 

All students are expected to comply fully with all local, state, tribal, and federal laws at all times. All members of the CWI community are held to a higher standard of conduct than those who have not chosen to become a part of the College community. Therefore, in addition to complying with all local, state, tribal, and federal laws, students are required to comply with the standards of conduct and College policies set forth in the Student Code of Conduct, which applies to all students throughout their time as members of the CWI community. CWI recognizes student success, as well as the security and integrity of the College community, are affected by all areas of a student’s life, therefore students are responsible for conforming their behavior to the standards and policies set forth in this document at all times, whether on or off campus. These standards and policies are designed to foster an environment supportive of personal, social, and ethical development and serve to promote the protection of the rights, responsibilities, safety, and welfare of our College community while ensuring that all community members are free to pursue their educational goals. 

The Student Code of Conduct will be applied without regard to race, color, national origin, ancestry, religion, sex, sexual orientation, gender identity, marital status, age, physical or mental disability, or military or veteran status.  Any adjudication will be based solely on the conduct for which allegations were brought against the student. 

1.4. Jurisdiction

1.4.1. The College has a responsibility to provide members of the College community with those privileges, opportunities, and protections that encourage and maintain an environment which supports educational development. 

1.4.2. The Code applies to: 

1.4.2.1. Any land, building, facility, or other real property owned, leased, operated, or otherwise controlled by the College, including sidewalks, streets, and adjoining public spaces. 

1.4.2.2. The College shall have the right to adjudicate any alleged violation of any provision of the Student Code of Conduct, without regard for the geographic location of the alleged violation, at the discretion of the Dean of Students. This may include violations which occur partly or entirely through electronic means. 

1.4.3. The College reserves the right to initiate disciplinary proceedings for violations of the Student Code of Conduct whenever the College has jurisdiction, regardless of whether criminal or civil proceedings have been commenced. Disciplinary actions by the College are independent of any criminal or civil proceedings and the College will not consider any decision, settlement, judgment, or other outcome of a criminal or civil proceeding in the adjudication of alleged violations of this Code. The disciplinary process will not be delayed pending the outcome of any legal proceedings. 

1.5. Rights and Responsibilities

The following rights and responsibilities are the foundational principles upon which the Student Code of Conduct is based. 

1.5.1. Rights

1.5.1.1. All students have the right to engage in a free exchange of ideas, to express their views, to examine all questions of interest, explore any line of scholarship or research, and to exercise their rights to free inquiry, expression, and assembly. 

1.5.1.2. All students have the right to an education free from discrimination or harassment based on race, color, national origin, ancestry, religion, sex, sexual orientation, gender identity, marital status, age, physical or mental disability, or military or veteran status, in accordance with applicable federal, state, and local laws. 

1.5.1.3. All students have the right to procedural due process, as described in this Code, to resolve any allegation of misconduct which may be alleged against them.

1.5.1.4. All students have the right to be free from unreasonable restrictions or intrusions upon privacy, personal property, or dignity, in accordance with the provisions of this Code.

1.5.2. Responsibilities

1.5.2.1. All students are responsible for knowing and complying with the Code, as well as all local, state, tribal, and federal laws, and with all other College standards, policies, and procedures which may apply to them. 

1.5.2.2. All students have the responsibility to recognize the ways in which their actions reflect upon and affect the College and every member of the College community. 

1.5.2.3. All students have the responsibility to participate in the process of resolving allegations of misconduct, and to recognize that the process may proceed if they choose not to participate.

1.5.2.4. All students are responsible for their own actions, choices, and decisions. 

1.6. Definitions

1.6.1. Address – The local address on record with the Registrar or the email address issued by the College. 

1.6.2. Adjudication – The process by which alleged violations of this Code are resolved, including all hearings and appeals. 

1.6.3. Academic Integrity Committee – A group of faculty appointed by the Instructional Deans to adjudicate appeals of specified academic misconduct violations.  The Academic Integrity Committee is not a “governing board” or “public agency”, as those terms are defined in the Idaho Code.  

1.6.4. Academic Integrity Chair – The individual member of the faculty designated by the Dean of Students to oversee the adjudication of academic integrity violations and to chair the Academic Integrity Committee.  This term refers to the person holding the title as well as their designees. 

1.6.5. Admission – Admission, readmission, re-entry, registration, or re-registration, as a student, into any educational program at CWI. 

1.6.6. Advisor – Any individual selected by a student to assist the student during the adjudicative process.  The advisor is not permitted speak or act on behalf of the student, except in the case of adjudication of alleged sexual harassment, in which case the advisor will be required to cross-examine all parties giving statements during the hearing.  If a student does not have an advisor, they may request that one be appointed to them. If a student facing an allegation of sexual harassment does not have an advisor, one will be appointed to them. 

1.6.7. Appeal – The process by which a student may contest the outcome of a hearing, or a determination made by the Dean of Students, or designee, under this Code. 

1.6.8. Board of Trustees – The Board of Trustees of College of Western Idaho. 

1.6.9. Charge – An allegation of a violation of a specific provision of this Code. 

1.6.10. Code – The Student Code of Conduct, as set forth in this document, for College of Western Idaho. 

1.6.11. College – The College of Western Idaho.

1.6.12. College Community – Members of the College community include members of the Board of Trustees, employees, students, College officials, volunteers, or any other persons engaged in work on behalf of, or affiliated with, The College of Western Idaho. 

1.6.13. College Official – Any individual authorized or directed by the President to perform any delegated function. 

1.6.14. College Premises – Any land, building, facility, or other real property owned, leased, operated, or otherwise controlled by the College, including sidewalks, streets, and adjoining public spaces. 

1.6.15. Complainant – Any member of the College community who alleges, or is alleged to have been a victim of, a violation of the Code. In situations where a complaint is brought by a member of the faculty or staff, or in situations where a complaint is initiated by an entity outside the College, the College shall act as complainant.  In situations where the complaint is brought on behalf of an alleged victim, the victim shall be considered the complainant. When a student brings a complaint, the College may act as complainant at the discretion of the Dean of Students, except in cases of sexual harassment. 

1.6.16. Complaint – A formal statement alleging that an individual has violated one or more provisions of the Code. 

1.6.17. Consent – Consent must be informed, freely given, and mutual. If coercion, intimidation, threats, or physical force are used there is no consent.  If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this includes impairment or incapacitation due to alcohol or drug consumption, or being asleep or unconscious. There is no consent when there is force, express or implied, or use of duress or deception upon the victim.  Silence does not necessarily constitute consent.  Past consent to sexual activities does not imply ongoing future consent.  Whether an individual has taken advantage of a position of influence over an alleged victim may be a factor in determining consent.  

1.6.18. Controlled Substances – Controlled substances include, but are not limited to: cannabis, cocaine, ecstasy, heroin, LSD, methamphetamines, opioids, prescription medications, or other natural or synthetic intoxicants. 

1.6.19. Day – A day is defined as any weekday not designated by the Office of the Registrar as a holiday or administrative closure day or a day in which the College is declared closed by the President, due to exigent circumstances.  Days in which physical locations are closed but College business is being completed remotely shall be considered days. 

1.6.20. Dean of Students – The individual appointed by the President to the position of Dean of Students of The College of Western Idaho. This term refers to the person holding the title as well as their designees. 

1.6.21. Designee – Any person to whom a specific authority or responsibility has been delegated by the Board of Trustees, President or other College official. 

1.6.22. Finding – A formal determination that an alleged violation of College policy is more likely than not to have occurred. 

1.6.23. Hearing – An investigative and adjudicative proceeding in which a student is afforded rights provided for in the Code. 

1.6.24. Hearing Officer – The Dean of Students or any other person or entity authorized by the Dean of Students to conduct hearings, determine whether a violation has been committed, and determine sanctions.  The term “Hearing Officer” also includes the decision-maker designated to make a determination of responsibility for sexual harassment complaints under the College’s Title IX Grievance Procedures.   

1.6.25. Instructor – Any member of the faculty or other person responsible for instruction related to an academic course. 

1.6.26. Interim Action – A formal limitation or requirement imposed upon a student as a result of an alleged violation, for a limited time, pending a formal adjudication and subject to the limits set forth in this Code. 

1.6.27. Investigator – Any person with specific knowledge, experience, and training in the investigation of allegations of sexual assault, sexual harassment, dating/domestic violence or stalking who has been appointed by the Office of General Counsel to investigate allegations involving sexual harassment. Investigators may also be used in cases not involving allegations of sexual harassment where it is determined to be appropriate. 

1.6.28. Notification – Documented communication between the College and a member of the College community via written communication sent to a CWI-issued e-mail address or local address on record with the Registrar.

1.6.29. Organization – Any group of students which meets the definition of Registered Student Club as defined in this Code. 

1.6.30. Organization Advisor – A member of the College faculty or staff who has been identified as, and accepted the roll of advisor for a Registered Student Club, as defined in this Code. 

1.6.31. Policy – Any rule or regulation which has been duly passed, enacted, and published by the College or the Board of Trustees.  

1.6.32. President – The individual appointed by the Board of Trustees to the position of President of The College of Western Idaho. This term refers to the person holding the title as well as their designees. 

1.6.33. Registered Student Club or Organization – Any student group recognized by the College as an organization which is authorized to identity itself as being associated with the College of Western Idaho and which has taken the required steps to maintain recognition. 

1.6.34. Respondent – Any student who is alleged to have violated a provision of this Code.

1.6.35. Sanction – A formal notice, limitation or requirement imposed upon a student as a result of adjudication. 

1.6.36. Student – Any person who, at the time of an alleged violation of this Code, meets one or more of the following requirements: 

1.6.36.1. Any person enrolled in one or more courses at or through CWI, either full-time or part-time, degree-seeking, or non-degree-seeking, on campus, through distance learning, or as part of any cooperative program, effort, or agreement. 

1.6.36.2. A person notified of acceptance for admission to the College. 

1.6.36.3. A person who, prior to completing adjudication of alleged violations, withdraws or is otherwise separated from the College. 

1.6.36.4. A person who, though not currently enrolled, is eligible to enroll in one or more courses without completing an application for admission.

1.6.37. Title IX Coordinator – The CWI employee designated by the College to coordinate efforts to comply with Title IX responsibilities.  As used in these procedures, the Title IX Coordinator includes the Title IX Coordinator and the Deputy Title IX Coordinators. 

1.6.38. Violation – A breach of one or more provisions of this Code.

1.7. Disciplinary Records

1.7.1. All records pertaining to the student conduct process will be maintained by the Dean of Students for a period of not less than seven (7) years following the last semester in which a Student was enrolled at the College. In cases where a student is suspended or expelled, all student conduct records will be maintained permanently. A student may inspect their own records by completing a records request, or by scheduling an appointment with the Dean of Students. 

1.7.2. If a student is suspended or expelled, this will be noted on a student’s transcript, which is maintained by the Registrar. 

1.7.3. The release of student disciplinary records will be governed by applicable College regulations and procedures as well as state and federal law.