General

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Cottey has established a Major Violation Grievance Procedure to supplement certain College Policies which designate the Major Violation Grievance Procedure as the appropriate process for evaluating allegations of prohibited behavior (other than sex- or gender-based misconduct) against students, faculty, and staff. This policy may also be used to assist in the general resolution of grievances not covered by specific policies. Alleged misconduct related to discrimination or harassment based on gender, including sexual harassment will be treated according to the procedures outlined in Section 6.

Administrative Hearing

With permission of the vice president for student life and enrollment or a designee, a student willing to accept responsibility for the alleged behavior may request an administrative hearing in lieu of a hearing before a disciplinary board. The purpose of the conference is to gather relevant information to guide the development of disciplinary sanctions. The hearing will be conducted by the vice president for student life and enrollment or a designee and include only the involved student(s). 

Informal Resolution

An informal resolution may be reached at any point during the information-gathering phase of the Major Violation Grievance Procedure. An informal resolution is an agreement between the respondent, complainant, and the vice president for student life and enrollment or a designee. An informal resolution may come as the result of mediation between the parties or could be developed and agreed upon without the parties ever participating in mediation. An informal resolution is not an admission of responsibility by the respondent and thus there is no finding of responsibility. The only exception would be if the informal resolution reached between parties includes a stipulation that the respondent admits responsibility. 

Judicial Board

The Judicial Board is co-chaired by the vice president for student life and enrollment and the Student Government Association (SGA) vice president. The vice president for student life and enrollment is a non-voting member of the board whose role is to assist the SGA vice president in presiding over the disciplinary process and hearing. The Judicial Board’s voting members include two students, one faculty member, and one administrative professional. In the event of an evenly split vote, the SGA vice president is responsible for casting the final vote.

Mediation

Mediation is encouraged as an alternative means to resolve most disciplinary cases. The vice president for student life and enrollment or a designee shall inform complainants and accused students in writing about the availability of mediation resources, including resources offered by state or local agencies. The vice president or a designee, in the exercise of their discretion, may decline to process a non-academic complaint and make a reasonable attempt to achieve a mediated settlement. To be binding in a disciplinary case, any mediated settlement must be approved by the vice president for student life and enrollment or a designee. 

Procedure

Any member of the Cottey community, including faculty, staff, and students, may file a grievance against a student who has violated or is allegedly violating the Cottey College Code of Conduct. A grievance must be filed within ten business days of the alleged violation or, in some circumstances, within ten business days of the discovery of said violation. Grievance procedures are initiated when a member of the Cottey College community brings an alleged violation to the attention of the vice president for student life and enrollment or the director of campus and residence life. Those looking to bring attention to a violation may access the grievance form on the MyCottey Student Life tab, contact the vice president for student life and enrollment, or the director of campus and residence life via their Cottey email address, or schedule a meeting to discuss the violation. When necessary, the vice president for student life and enrollment may also initiate a grievance after becoming aware of a possible Code of Conduct violation. 

Following the receipt and initial review of a grievance, the vice president for student life and enrollment may pursue one of the following options. If necessary, the vice president for student life and enrollment may meet with the complainant to gather additional information prior to determining a course of action.

  1. Initiate the process for review of an alleged Major Violation. 
  2. Redirect the grievance into a more appropriate procedure (for example, complaints pertaining to Title IX, academic dishonesty, or that are more appropriately handled through the community violation procedure, etc.) 
  3. Dismiss the grievance either because the totality of the allegation does not constitute a sanction-worthy offense, or the complaint is retaliatory in nature. 
  4. Require the involved parties to attempt to resolve the matter through mediation or informal resolution prior to the disciplinary process.

The vice president for student life and enrollment or a designee will review the grievance and, at their discretion, may allow a student who accepts responsibility for the alleged behavior to request a disciplinary administrative hearing. All other grievances will be resolved through informal resolution between parties or a formal resolution through a Judicial Board hearing. 

Failure to Participate in the Judicial Process

If the respondent does not make a good faith effort to participate in the judicial process, an administrative hearing will be conducted by the Vice President for Student Life or their designee. In such cases, the Vice President or designee may render a decision and determine the outcome without the respondent’s input. The Major Violation Grievance Procedure is as follows

  1. The vice president for student life and enrollment or a designee will initiate the Major Violation Grievance Procedure by notifying the respondent that a grievance has been filed. 
  2. The vice president for student life and enrollment, or a designee, will then serve as the investigator and begin the information-gathering phase by meeting with the respondent. During the meeting and throughout the information-gathering phase, the vice president for student life and enrollment or a designee will assess the appropriateness of pursuing an informal resolution between parties or offering the respondent an administrative hearing (see prior information regarding these outcomes). 
    1. Please note—while an informal resolution must be agreed upon between the complainant, respondent, and vice president for student life and enrollment or designee, an administrative hearing only requires the acceptance of the respondent following the determination by the vice president for student life and enrollment or a designee that it is appropriate given the nature of the grievance. Either an informal resolution or an administrative hearing ends the disciplinary process. There is no appeal or further action available regarding the grievance following that point.
  3. Following the initial intake meeting for the respondent, the investigator (vice president for student life and enrollment or a designee) will continue the information-gathering phase of the investigation. During this period, the responsibility falls on each party to provide a statement, any other relevant information, and the names and contact information of any parties with relevant information. When providing the names of parties with relevant information, parties should also articulate why they believe the individual can contribute to the investigative process. The investigator will reach out to parties with relevant information to gather their statements for review. 
    1. Please note—character statements are not deemed to be pieces of relevant information during a Major Violation proceeding and thus will not be accepted during the investigative process or during a Judicial Board hearing. 
  4. Following the information-gathering phase of the process, the vice president for student life and enrollment or a designee will determine whether the grievance warrants a hearing based on the additional information gathered. 
    1. Does the misconduct or alleged misconduct fall within the scope of the Major Violation policy? 
    2. If the allegation is true, does it rise to the level of a conduct violation, which could warrant sanctions?
  5. Judicial Board members will review all materials gathered by the investigator. If a member of the Judicial Board seeks further clarity on any piece of information, 
    1. The investigator follows up on the piece of information or party with relevant information to gather additional clarity or 
    2. Asks the party with relevant information to be available for questions during the Judicial Board hearing. 
  6. The vice president for student life and enrollment or a designee will schedule the hearing. The respondent and complainant will both be notified of the hearing time, date, and location. 
  7. Individuals present at the hearing will be the board, the complainant, the respondent, and the parties with relevant information who have been summoned by the vice president for student life and enrollment or a designee. Students may not be represented by attorneys during hearings; however, prior consultation may be advisable if subsequent criminal prosecution appears likely. 
  8. The purpose of the Judicial Board hearing is to provide a fair evaluation of a respondent’s responsibility for violating College policies. Formal rules of evidence shall not be applied, nor shall deviations from outlined procedures necessarily invalidate a decision, unless significant prejudice to a student respondent or the College may result. 
  9. Following the Judicial Board hearing, the Board will determine whether a finding of “responsible” or “not responsible” will be determined based on the facts presented at the hearing. If multiple violations are reviewed, then it is possible that a respondent may be found responsible for one part of the grievance and not responsible for another.
  10. The vice president for student life and enrollment or a designee will promptly notify the student in writing following the Judicial Board’s determination. The notification will include whether the respondent was deemed “responsible” or “not responsible,” as well as any sanctions. 
  11. The imposition of all sanctions will be deferred during the pendency of the appeal process, unless, at the discretion of the vice president for student life and enrollment or a designee, the continued presence of the student on the campus poses a substantial threat to oneself or others or the stability and continuance of normal College functions. 
  12. The accused student has the right to appeal by submitting a written notice of appeal, listing the reason(s) for the appeal, to the President of the College. The President’s decision is final. The President may delegate the authority to make the final decision on any appeal to another member of the College’s administrative staff. The appeal must be submitted within three days following the determination notification provided by the vice president for student life and enrollment or a designee. The following will be considered grounds for appeal: 
    1. A procedural error or irregularity that substantively affected the outcome of the judicial process, 
    2. New evidence that was not available at the time of the hearing and which could have a substantial impact on the outcome of the judicial process, or 
    3. The belief that the sanction imposed is not commensurate with the findings of fact established during the hearing process. 
  13. Upon review of the basis for appeal, the appeal officer may 
    1. Deny the basis for appeal, thereby affirming the finding and the sanction originally determined or 
    2. Upon review of the hearing records 
      1. Affirm the finding and original sanction or
      2. Affirm the finding and modify the sanction; or 
      3. Dismiss the case 
  14. Grievances filed near the end of a semester need to be handled expeditiously. Time available for preparing a defense and appeals may be abbreviated as necessary. 
  15. Following the conclusion of the appeal period or appeal review, should the respondent submit an appeal, the vice president for student life and enrollment will notify the complainant whether the respondent was found to be responsible or not responsible. Should the complainant be the victim of the Major Violation, the complainant may also be informed of the status of the students in regard to their enrollment, residency, or other safety measures that have been put into place.