Purpose and Scope:
This procedure establishes the process for reporting, investigating, adjudicating, and resolving alleged violations of AP 2.11 Student Code of Conduct.
This procedure applies to all students per AP 2.11. Sanctioning will follow AP 2.11, except where interim actions are necessary to protect the College community.
Information related to enforcement of AP 2.11 will be shared only with individuals who have a legitimate educational need to know, consistent with FERPA and institutional responsibilities.
Procedure:
Definitions
- Complainant: Individual or party reporting an alleged violation
- Respondent: Student accused of violating the Code
- Conduct Officer: College official responsible for investigating and managing conduct cases
- Presiding Officer: College official responsible for facilitating hearings and making determinations
- Advisor: Person chosen by the Respondent to provide support during the conduct process; may not speak on behalf of the student
- Preponderance of Evidence: Standard used to determine responsibility (more likely than not)
- Business Day: Any day the College is open for operations
- Interim Measures: Temporary actions taken to ensure safety or preserve the integrity of the process
Reporting a Violation
Any individual may report suspected violations of the Student Code of Conduct or other College policies. Reports are submitted through Maxient using the Student Conduct Report Form or the Academic Misconduct Reporting Form:
Maxient Reporting Link: Nicolet College | Reporting (maxient.com)
Reports may also be made verbally or in writing to a College employee; however, a formal Maxient report is required to initiate the conduct process. The reporting party, if known, is expected to cooperate with the investigation and provide truthful, complete information.
The remainder of this procedure applies to behavioral misconduct case management; academic misconduct is managed according to PR 2.11.02 Academic Conduct Enforcement Procedure.
Initial Review and Case Assignment
Upon receipt of a report, a Conduct Officer will:
- Review the report for completeness and jurisdiction
- Determine whether the alleged behavior falls under the Code
- Assess potential risk to health, safety, or College operations
Upon determining the need for investigation, the Manager of Risk, Compliance, and Safety or the Director of Strategic Enrollment or the Associate Vice President of Academic Affairs or designee investigates or assigns cases to trained Conduct Officers.
At any point in the review or investigation the Conduct Officer may resolve the case prior to determining responsibility; precautionary warnings may be issued and documented in such cases.
Investigation
Behavioral Code of Conduct cases are investigated by designated Conduct Officers.
The investigation aims to determine whether the Respondent is responsible or not responsible for alleged violations. The Conduct Officer will:
- Gather relevant documentation and evidence
- Interview the Respondent, reporting party, and witnesses as appropriate
- Review physical, digital, and written materials
Students and employees are expected to cooperate with reasonable requests for information. If individuals decline to participate, the investigation will proceed based on available evidence.
The Respondent will receive written notice that includes:
- A summary of alleged violations
- A copy of the conduct report (when appropriate)
- Date, time, and location of the hearing
- Explanation of the conduct process
Notice is typically provided at least three (3) business days prior to the hearing.
Hearing
Hearings are typically held in person. A virtual option may be approved at the College’s discretion.
Participants:
- Respondent (student)
- Conduct Officer (investigator/presenter)
- Presiding Officer (decision-maker)
The Respondent may bring one advisor of their choosing. The advisor may not speak on behalf of the student but may provide quiet support and consultation.
The hearing provides an opportunity to:
- Present relevant information and evidence
- Respond to the allegations
- Provide mitigating or contextual information
The Presiding Officer may ask questions and request clarification as needed.
Determination
The Presiding Officer will determine:
- Whether the Respondent is responsible for each alleged violation
- Appropriate sanctions, if applicable
Determinations are made using the preponderance of the evidence standard (more likely than not).
The Respondent will receive a written outcome letter via their College email, typically within five (5) business days of the end of the hearing. The letter will include:
- Determination
- Sanctions (if applicable)
- Appeal instructions
Appeals
Appeals are permitted for the following reasons:
- New evidence that was not reasonably available at the time of the hearing
- Procedural error that impacted the outcome
- Sanction severity
Appeals must be submitted within five (5) business days of the outcome letter. Appeals are submitted via the Appeal of Student Conduct Decision form: Nicolet College | Reporting (maxient.com)
Appeal Review
A designated Appeal Officer will review the request and may:
- Uphold the original decision
- Modify the sanction(s)
- Remand the case for further review
Appeal decisions are delivered to the Respondent email typically within five (5) business days; appeal decisions are final.