Student Code of Conduct

Members of the ArtCenter community have a collective responsibility to maintain a productive educational environment and the well-being of the community. It is through shared values of respect, social responsibility, integrity, and honesty that this is achieved. Everyone is responsible for their conduct and holding others accountable as stewards of the College’s values. The Student Code of Conduct (Code) intends to clarify the expectations of behavior by students that are essential to ArtCenter’s educational mission and its community life.

All students are provided a copy of the Student Handbook through inside.artcenter.edu. Students are responsible for reading and abiding by this Code.

Disciplinary proceedings conducted under this Code are intended to be informal, fair, and expeditious. The process is primarily designed to correct and educate students who engage in unacceptable behaviors and provide guidance on ethical decision-making to help them become productive community members.

All students are expected to comply with all applicable laws and to respect the rights and privileges of all other members of the ArtCenter community and its neighbors. Except as expressly outlined in this Code, the procedures of criminal and civil courts shall not govern disciplinary proceedings, and formal rules of evidence shall not be applicable.

The Code applies to students’ behaviors not only on campus and at College events but also off-campus if it is determined that a behavior affects another member of the ArtCenter community’s safety, well-being, or learning environment. This Code also can apply behavior that affects another member of the community’s safety, well-being, or learning environment. This Code also can apply to behavior that occurs through social media or other public online media.

A student can be charged with a conduct violation while on a leave of absence or after graduating (if the conduct occurred while the student was enrolled as a student).

Definitions

1. ArtCenter and College: refer to ArtCenter College of Design.
2. Advisor: any current student, faculty, or staff member; off-campus individuals, parents, or those without affiliation with the College cannot serve as advisors. Current faculty or staff cannot serve as advisors to their children. The Advisor can only be paid for their service by the College. The Advisor cannot be a licensed attorney except for in a conduct hearing.
3. Aggravated Assault: a violation that results in, or could reasonably result in, significant damage to persons or property or that otherwise poses a substantial threat to the stability and continuance of College life or College-sponsored activities.
4. Distribution: sale or exchange for personal gain.
5. Complainant: the individual who makes the complaint.
6. Conduct Officer: Associate Director of Student Conduct, the Associate Dean of Students, or the Dean of Students
7. Group: several persons associated with each other and who still need to comply with College’s requirements for registration as an organization.
8. Organization: several persons who have complied with ArtCenter requirements for registration as an organization.
9. Preponderance of evidence: evidence that, when weighed against that opposed to it, has a more convincing force and a greater probability of truth.
10. Reckless: conduct that one could reasonably expect would create a substantial risk of harm to a person or property, or that would otherwise be likely to interfere with College or College-sponsored activities.
11. Respondent: any student, group, or organization accused of violating the Student Code of Conduct.
12. Student: all persons taking courses or enrolled to take courses in the future at the College, both full- and part-time, pursuing undergraduate, graduate, or enrolled in public programs; those who, though not officially registered for classes during a given term, have a continuing relationship with the College as a result of being on a College approved leave of absence, internship, or Study-Away program; or those who withdraw during a disciplinary proceeding.
13. ArtCenter community: students, staff, and faculty of the College, as well as contracted personnel.
14. College premises: buildings or grounds owned, leased, operated, controlled, or supervised by ArtCenter, including digital spaces.
15. College-sponsored activity: any activity on or off campus initiated, aided, authorized, or supervised by ArtCenter or an ArtCenter Group, or Organization.
16. Weapon: any object or substance designed to inflict a wound, including, but not limited to, firearms, explosives, metal knuckles, knives with blades more than two inches long, bows and arrows, and any other instrument identified as weapon in published College policies.

Prohibited Conduct

Prohibited conduct includes but is not limited to the following:

1. ArtCenter Policies
   1. Violations of ArtCenter College policies, including but not limited to, the Alcohol and Illegal Drugs Policy, Sexual Misconduct and Title IX Policy, and the Academic and Creative Integrity Policy.
   2. Note: Some ArtCenter College policies are administered through their processes.
2. Violations of Law
   1. Violations of federal, state, or local laws. A criminal conviction is not necessary for a student to be subject to discipline under this Code.
   2. Intentionally furnishing a false warning or threat about a College-sponsored activity.
3. Ethical Treatment
   1. Intentionally or recklessly causing harm (physical or otherwise) to any ArtCenter community member, to any person on College premises, or at College activities either on or off campus, or causing reasonable apprehension of such harm. This includes, without limitation email, social media, texts, telephone, harassment or assault, verbal or written threats, stalking, intimidation, and verbal and physical abuse or harassment.
   2. Intentional discrimination against a person or group of people based on age, race, color, disability, religion, national origin, veteran status, genetic information, sexual orientation, gender, or sex (including pregnancy) except where such distinction is allowed by law. Additionally, ArtCenter prohibits discrimination in all aspects of employment and educational programs based on sexual orientation, gender identity, or gender expression.
   3. Threatening to reveal or release personal information or media about a person electronically or through other means of communication.
   4. No student shall post or distribute disparaging or compromising images of another, altered or otherwise, or post denigrating text on, but not limited to, the following modes: internet websites or newspapers, without the express consent/authorization of the other individual.
4. False Information
   1. Submission of false, incomplete, or misleading information, material, or documentation in connection with an Admission Application or receiving or attempting to receive Financial Aid through misrepresentation, furnishing false information, forgery, alteration, or fraud.
   2. Intentionally furnishing false information or identification to any designated College official and the College.
   3. Unauthorized use, forgery, or alteration of any College document or instrument of identification.
5. Disruption
   1. Intentionally or recklessly interfering with College or College-sponsored activities, including but not limited to studying; teaching; research; College administration; judicial proceedings; or fire, police, or emergency services.
   2. Intentionally and substantially interfering with the freedom of expression of others on College premises or at a College-sponsored activity.
   3. Engaging in disorderly conduct, public intoxication, or lewd, indecent, or obscene behavior in any College on-campus facility or at a College-sponsored activity.
      Note: The faculty has primary responsibility for managing the classroom environment. A faculty member may direct students who engage in disruptive behavior to leave the class for the remainder of the class period. The student conduct process will commence when longer suspensions or dismissals from class for violations of the Code are being considered.
6. Property violations
   1. Intentionally or recklessly destroying, defacing, or damaging College property or the property of others on College premises or in a College-sponsored activity.
   2. Intentionally or recklessly misusing, disabling, tampering with, or damaging College safety equipment, doors, or signs.
   3. Unauthorized presence in or use of College premises, facilities, or property.
   4. Intentionally or recklessly starting a fire on or near College premises.
   5. Excessive or repeated traffic and parking violations. Reckless driving of a four- or two-wheel vehicle on campus or at a College-sponsored activity, or the abuse of campus parking rules and regulations.
7. Failure to Comply
   1. Failure to comply with the directions of College officials performing their duties, including but not limited to staff, faculty, and Campus Security officers. This includes verbally threatening, abusing, or harassing any of the above while performing their duties.
   2. Failure to provide valid ArtCenter photo identification when requested by a College official.
8. Theft
   1. Theft of property or services on College premises or at a College-sponsored activity, or knowingly possessing stolen property.
9. Alcohol & Drugs
   1. Alcohol, tobacco, marijuana, and illegal drugs, regardless of age, are prohibited on ArtCenter’s campus.  Refer to the Alcohol and Illegal Drugs Policy and the Tobacco-Free and Smoke-Free Campus Policy for more information.
10. Weapons
    1. Violation of the Weapons Policy. The possession, storage, or use of firearms, explosives of any type (including fireworks, incendiary devices, etc.), chemicals not used to complete course-related projects or weapons of any sort are not permitted anywhere on campus. The term “weapon” includes firearms, explosives, metal knuckles, knives with blades over two inches long, bows and arrows, and any other instrument identified as a weapon in published College policies. Possession or use of any item intended to look like or serve as a weapon will also be treated as a violation of College policy. Such items may include, but are not limited to, a fake or toy gun, a pocketknife, or a hand held under clothing to simulate a weapon. Under no circumstances may real firearms ever be carried or stored on campus.
    2. Any exceptions to this policy must be approved in writing by the Director of Campus Security (or designee). If a weapon for a photo or film shoot is requested, the applicant must submit a written request discussing the type of weapon and how it is to be used in the shoot at least three business days before of the photo or film shoot. The Director will meet with the applicant to discuss the shoot details and the safe storage, transport, and operation of the weapon. The Director will schedule a mandatory visual inspection. All weapons used on campus at any time must be approved before their use.
    3. All weapons used in a photo/film shoot shall be inspected and photographed before the shoot. Campus Security will also conduct an on-site inspection on the day of the shoot to verify that the weapons being used are the same as the previously inspected weapons. If any weapons have been added or changed, the shoot will stop until the current weapons can be inspected and approved.
    4. There are NO real firearms allowed on campus at any time. All weapons must be props or non-functional.
11. Technology
    1. Any behavior that intentionally or unintentionally disrupts College computer services; damages, alters or destroys College data or records; or adversely affects College computer software, programs, systems, or networks.
    2. The use of College data, computer systems, or networks to devise or execute any scheme to defraud, deceive, extort, or wrongfully obtain money, property, or data. Unauthorized use of College computer files or access to College restricted network systems or computer files.
    3. Gaining access by using another person’s name, password, access codes, or personal identification.
12. Abuse of the conduct process
    1. Disruption or interference with the conduct process:
       1. Intentionally initiating, or causing to be initiated, any false report
       2. Influencing or attempting to influence another person to commit an abuse of the proceedings of the student conduct process.
       3. Falsification, distortion, or misrepresentation of information in a student conduct meeting, before the student conduct hearing board or in the appellate process.
       4. Harassing a Conduct Officer, hearing board member, appellate Officer, or witness before, after, or during a conduct proceeding.
       5. Retaliated against another community member for bringing forth a complaint or serving as a witness.
    2. Violating the terms of any disciplinary sanction imposed under this Code.

Procedures

Student Conduct Meetings

The purpose of student conduct meetings is to review allegations and evidence of Student Code of Conduct violations and decide whether it was more likely than not that the violation occurred.

Meetings are conducted to ensure the students are offered due process in reviewing of the case. More specifically, accused students will have their due process rights respected by being provided with notice of the alleged wrongdoing and an opportunity to respond to the allegations in a fair proceeding before a neutral decision-maker.

1. The Associate Director of Student Conduct has been designated as the College’s Student Conduct Officer (Officer) to hear all matters relating to allegations that a student has engaged in prohibited conduct. If the Associate Director of Student Conduct is unavailable or there is a potential conflict, the Associate Dean of Students may appoint a conduct officer to review such matters. Such an alternative shall have all the powers and responsibilities of the Officer. The primary role of the Student Conduct Officer is to adjudicate evidence of a Code violation that has been presented. The Officer may seek out additional evidence to help clarify if a conduct violation occurred.
2. The Officer will investigate to determine whether sufficient evidence supports the allegations. The Officer will resolve most cases through a student conduct meeting between the student and the Officer. At their discretion, the Officer shall determine whether there was sufficient evidence that the student engaged in prohibited conduct as outlined in this Code and what sanctions should be applied.
3. Students who do not respond to the request for a student conduct meeting with the Officer may have their case determined in their absence.
4. The Officer will notify the student in writing of the sanction.

Procedures for Cases Brought Before a Hearing Board

A Student Conduct Hearing Board will review all cases where a suspension or expulsion has been issued.

1. Within 48 hours of receiving the sanction, in writing the student shall be notified of the allegations along with the date, time, location of the hearing, and composition of the Hearing Board.
2. The Hearing Board shall comprise three College employees (not including the Officer) as convened by the Associate Dean of Students/Director of the CSE. Quorum, defined as the Associate Dean of Students and at least one other college employee, must be met for the hearing to occur.
3. Students who fail to appear will have their case heard in their absence. Failure to appear or failure for a complainant or witness to appear does not constitute grounds for appeal; evidence introduced after a decision on the case has already been made does not constitute new information merely because the charged student was absent.
4. The Officer shall preside over the hearing. At the hearing, the Officer shall specify the nature of the alleged misconduct, including the time, date, and place where such alleged conduct occurred. The Respondent shall have the opportunity to respond to evidence against them.
5. Hearings are private. However, the Respondent and Complainant are each entitled to bring an Advisor to the hearing to help support and guide them during the hearing. The Advisor’s role is not to represent the student or to question any witnesses in the hearing. The Respondent and the Complainant are responsible for presenting their information. Therefore, Advisors are only permitted to speak or participate directly in any hearing if otherwise determined by the Officer. 
6. The Officer will invite relevant witnesses within the investigation to appear before the Hearing Board.
7. The Officer shall exercise control over the hearing. Any person, including an advisor, a Respondent, or the Complainant, who disrupts a hearing and fails to adhere to the Officer’s rulings may be excluded from the proceedings.
8. After the hearing, the Hearing Board shall decide whether it is more likely than not that the Respondent has engaged in prohibited conduct and, if so, the sanctions to be imposed shall advise the Respondent in writing of the determination of any sanctions.

Appeals

A student may appeal a determination by the Officer or Hearing Board based upon at least one of these four criteria:

1. The sanction is grossly disproportionate to the offense.
2. The Code procedures were not followed, resulting in significant prejudice to the student.
3. In the exercise of reasonable diligence, new relevant evidence that could not have been produced at the hearing is available
4. The decision is not supported by evidence.

All requests for appeals must be in writing, setting forth the basis for the appeal with specificity. Appeals must be delivered to the Vice President of Student Affairs/Dean of Students, with a copy to the Officer, within five business days of the date that the student received the written determination of the sanction from the Officer or Hearing Board.

The Vice President of Student Affairs/Dean of Students will review the Officer’s summary of the testimony, findings of fact, decision and the recommended sanction, the student’s disciplinary history, and the student’s written statement.

The Vice President of Student Affairs/Dean of Students may request either the Officer or the student submit, in writing, additional information. They may also ask the student and the Officer to clarify testimony from the hearing.

The Vice President of Student Affairs/Dean of Students may affirm, reduce, or increase the sanctions and will notify the student in writing.

Standard of Review

The Officer, the Hearing Board, or the Vice President of Student Affairs/Dean of Students shall decide based on the Preponderance of Evidence.

Student Groups and Organizations

Student groups and organizations may be charged with violating any provision of the Code or any policies and procedures included in the Student Handbook. The Officer may direct officers, leaders, or any identifiable spokesperson for a student group or organization to take appropriate action designed to prevent or end violations of this Code. The sanction for misconduct may include revocation or denial of registration.

Violations of Law and Disciplinary Regulations

Students may be accountable to both criminal and civil authorities and to ArtCenter for acts that constitute violations of law and of this Code. Disciplinary action at the College will generally proceed despite any pending criminal proceedings. It will not be subject to challenge because criminal charges involving the same incident have been dismissed or reduced.

Sanctions

The Officer may impose one or more of the following sanctions. When determining appropriate sanctions, the severity of the violation; the present demeanor and past disciplinary record of the offender; the nature of the offense; and the severity of any damage, injury, or harm resulting from such offense are considered.

1. Disciplinary Probation
   The student may be restricted from participating in College-sponsored activities. This includes, but is not limited to, involvement in student organizations and employment on campus. Additionally, the student is notified that any further infractions of College policies may result in possible suspension or expulsion.
2. Disciplinary Warning
   The student is given a verbal or written warning that future misconduct may result in more severe disciplinary action.
3. Educational Activities
   The student is assigned an educational activity related to their behavior, such as a project, training, or essay.
4. Expulsion
   The student is permanently separated from the College. Notification will appear in the student’s permanent file. The student may also be permanently barred from the College premises.
5. Restitution
   The student is required to pay the College or other persons, Groups, or Organizations for damages incurred as a result of a violation of this Code. A hold will be placed on the student’s account. Restitution must be made within 30 days, or the hold will remain.
6. Restriction
   The student may be restricted from specific areas of campus.
7. Restorative Practices
   The student is assigned tasks to repair the harm caused by their behavior, such as work on campus, letters of apology, or training.
8. Suspension
   The student is barred from attending the College for a specified period. The student may be prohibited from participating in any College-sponsored activities and may be barred from College premises for the period of suspension.
9. Other Sanctions
   The Associate Director of Student Conduct, Associate Dean of Students/Director of the CSE, or the Vice President for Student Affairs/Dean of Students retains the right to impose other or additional sanctions.

Interim Suspensions

The Officer or Associate Dean of Students/Director of the CSE and Vice President of Student Affairs/Dean of Students may impose an immediate suspension until a hearing can be convened. During the interim suspension, the student will be denied access to the campus (including classes) and other activities and privileges for which the student might otherwise be eligible.

An Officer may impose an interim suspension only:

1. To ensure the safety and well-being of members of the ArtCenter community or the preservation of ArtCenter property
2. To ensure the student’s own physical or emotional safety
3. If the student poses an ongoing threat of disruption of, or interference with, the operations of the College.

Disciplinary Files and Records

Case referrals may result in the development of a disciplinary file in the student’s name. The Associate Director of Student Conduct or Officer maintains these files. These records are covered by the Family Educational Records Privacy Act (FERPA). When students sign a release offered by prospective employers, graduate schools, or others, this release provides these parties access to disciplinary files unless otherwise specified.