7. Interpretation and Review

7.1. Interpretation

The Dean of Students shall be responsible for ensuring the application and administration of the Student Code of Conduct. Interpretation of the Code shall be at the discretion of the Dean of Students for final determination.

7.2. Biennial Review

7.2.1. The Student Code of Conduct shall be reviewed in its entirety every two years.

7.2.2. The Dean of Students shall review the Code and prepare a draft with recommended amendments.

7.2.3. A committee, consisting of the Academic Integrity Chair, the President of the Faculty Senate, or designee, the President of the Associated Students of the College of Western Idaho, or designee, and the General Counsel, or designee, shall review and approve, modify, or decline to approve each of the amendments by simple majority vote. The committee may also make additional amendments the Code by unanimous agreement.

7.3. Off-Cycle Updates

7.3.1. The Dean of Students, at their discretion, is empowered to make amendments to the Code outside of the procedures required in Article 7.2. for the following reasons.

7.3.1.1. To bring the Code into compliance with a new or existing local, state, tribal, or federal law, regulation, relevant judicial ruling or any interpretation of any requirement of a local, state, tribal, or federal department or agency, including the Idaho Department of Education, or any recommendation or requirement of an accrediting or certifying body with jurisdiction over the College.

7.3.1.2. To add, remove, or modify a standard of conduct noted in Article 2 in the following circumstances:

7.3.1.2.1. To modify an existing standard to ensure that students have clear and proper notice that an activity, behavior, or action is addressed in the Code.

7.3.1.2.2.To add a new standard to address a technology, behavior, or other change in circumstance which was not reasonably foreseeable at the time of the last Biennial Review, and which cannot reasonably be addressed by applying or modifying an existing standard.

7.3.1.2.3.To remove a standard which is no longer relevant as it will no longer be enforced by the college.

7.3.1.3. To add or remove a sanction noted in Article 5 in the following circumstances:

7.3.1.3.1. To add an educational sanction to Article 5.3.2. when circumstances, resources, or other factors provide for an additional educational sanction which does not reasonably fit under the existing categories of sanctions.

7.3.1.3.2. To remove a sanction which is no longer relevant as it will no longer be applied by the college.

7.3.1.4. To correct any typographical or other error which, if uncorrected, may alter the meaning, purpose, or intent of the committee which approved the code or which has or may reasonably be expected to lead to confusion on the part of students, faculty, staff, or other individuals who have a need to rely on the Code. Updates which consist solely of changes arising from this provision are not subject to the notification provisions in Articles 7.3.2. or 7.4.

7.3.2. Notice must be provided 5 days prior to enactment to the Academic Integrity Chair, the President of the Faculty Senate, the President of the Associated Students of the College of Western Idaho, and the General Counsel. Proposed modifications may not be enacted if any party objects until the four individuals are convened and a majority vote to approve the proposed modifications.

7.3.3. In the event that the Dean of Students determines that it is necessary to amend the Code in a manner not provided for as an Off-Cycle Update, the code may be modified using the procedures set forth for a biennial review. Any update adopted will be enacted upon notice, regardless of the biennial cycle. This modification will not alter the timing of the Biennial Cycle review.

7.4. Notification

Following approval of any amendments to the Code, they shall be considered in effect on the day following the date that written notification, to include the internet address (URL) where the amended version of the Code can be found, is sent to all students via e-mail from the Dean of Students.

7.5 Student Conduct Records

The College maintains student conduct records as part of student education records in accordance with the Family Educational Rights and Privacy Act, 20 U.S.C.S. §1232g (“FERPA”). Students may request to review their student conduct record by contacting the Office of the Dean of Students, in writing.  

No earlier than seven years following the resolution of any conduct case (including fulfillment of any relevant sanctions), a student’s conduct record may be purged in accordance with campus procedures if there is no longer an administrative value to the record and the individual’s relationship to the campus has ended.  

Examples of the kinds of things maintained in a student conduct record include, but are not limited to: 

• A copy of a formal report
• Letters written to you about the case
• A summary of a campus conduct investigation
• The outcome of a case
• Correspondence related to the case

Student conduct records will be disclosed only with written consent of the student’s family or the eligible student (in the case of a student 18 years of age or older), except as otherwise allowed pursuant to FERPA and its implementing regulations. Examples of appropriate disclosures of records without consent include disclosure of information: 

• To other school officials within the institution when there is a legitimate educational interest in the information in order to exercise or complete their responsibilities on behalf of the institution;
• Records related to behavior that poses a significant risk to the safety or well-being of that student, other students, or other members of the school community, including as part of emergency response, emergency notification, timely warning, or other notifications as required by law;
• To teachers and school officials, including teachers and school officials in other schools, who have legitimate educational interests in the behavior of the student (this includes release of records when another institution where the student seeks to enroll or has enrolled seeks information in relation to a behavioral risk or threat assessment);
• Regarding any violation of any Federal, State, or local law, or of any rule or policy of the institution governing the use or possession of alcohol or controlled substance to a parent or legal guardian of a student if the student is under the age of 21 and the institution determines that the student has committed a disciplinary violation with respect to such use or possession;
• In cases where the behaviors in question may also constitute a crime of violence (as described in the Clery Act), as well as in cases involving any allegation of sexual or gender-based misconduct, the victim and/or complainant will be informed of the outcome, including the determination of responsibility, rationale, and sanction(s); and
• Findings (the name of the student, the nature of the violation committed, and the sanction(s) imposed) of the student conduct process for any student who is found in violation of a College policy that is also determined to be a “crime of violence,” as described in the Clery Act, may be released publicly.