Student Right to Know
Student Code Of Conduct
Snow College's drug and alcohol policy, crime awareness and campus security statistics, graduation rates, athletic participation rates, financial aid information, and the complete FERPA policy are available here. Paper copies are also available by contacting the Student Success Office, Room #206 Greenwood Student Center, (435) 283-7100.
Disclosure Of Graduation and Transfer-Out Rates of Degree/ Certificate Seeking, First-Time Freshman Undergraduates
Snow College provides information regarding graduation/completion and transfer rates. The information is provided in compliance with the Student-Right-to-Know-Act of 1990 (P.L. 101-42). The rates reflect the program graduation/completion or transfer status of those students entering the college as full-time, first-time freshman for a given cohort year as which point 150% of the normal time-to completion has elapsed. This information is located on the College Navigator website (http://nces.ed.gov/collegenavigator/). Please type Snow College as the name of the school.
Snow College is committed to providing a safe, positive learning environment and promoting student success to advance students in the achievement of their educational goals. The Snow College Code of Conduct policy has been implemented to help achieve these goals.
By enrolling at Snow College, students assume the personal responsibility to conduct themselves according to the standards of conduct set forth in this policy. They also are expected to understand that violations of this code of conduct may result in the imposition of appropriate college discipline. In this code of conduct, student refers to a person who is currently, or was at the time of the offense or incident, matriculated and/or enrolled in any courses offered by Snow College, whether or not for credit.
When conduct off campus has an impact on or relates to Snow College, its students, faculty, or staff, the Student Code of conduct may apply. Snow College’s campuses are an integral part of the educational, cultural, and recreational fabric of Ephraim and Richfield and their adjacent communities. The college expects its students to be good neighbors and citizens. The members of these communities have the right to expect that Snow students will act responsibly, and that the college will apply appropriate discipline when they do not. Therefore, for the purpose of this policy and its administration, the cities where Snow College campuses are located, and the adjacent communities are referred to as the college community. Snow College intends to enforce this Student Code of Conduct with respect to all on-campus violations. Violations involving off-campus conduct that adversely affect the college community and/or the pursuit of the college's objectives may also be considered. The college’s Dean of Students shall decide whether the Student Code of Conduct shall be applied to conduct occurring off campus on a case-by-case basis.
The primary purpose of this policy is to state the college’s authority and responsibility to maintain a safe, positive learning environment, to explain student rights and responsibilities, and to outline discipline, due process, and appeal procedures.
Daily responsibility for good conduct rests with students as individuals. All members of the college community are expected to use reasonable judgments in their daily college life and to show due concern for the welfare and rights of others.
The ultimate responsibility and authority to enforce the Student Code of Conduct rests with the President. The President has delegated responsibility for the administration of the discipline system to the Dean of Students. The Dean of Students also employs an appeal board made up of various college officials. All decisions made by the appeal board are final. Snow College reserves the right to take any necessary and appropriate action to protect the safety and well-being of the campus community and its students. This includes contacting the parents or the designated relative/guardian, (which hereafter will be referred to as ‘parent’). This contact will be made when their well-being may be at risk, such as in the case of but not limited to attempted suicide, illness, or accident.
Any person who becomes aware of a threat of violence or of anti-social behavior that may lead to violence against themselves, or others should report the threat or behavior to campus officials, which may include campus police, faculty or staff members, or the Campus Assessment & Resource Team (CARE). They may also want to report the threat or behavior to a parent or the local police. Snow College will treat seriously any reported threat of violence made by any person toward any member of the college community and follow up as appropriate.
Students at Snow College neither lose the rights nor escape the obligations of citizenship. They retain and enjoy all rights secured by the Constitution and laws of the United States, the State of Utah, or local ordinances. Rights and freedoms are best preserved in a community whose members are mutually tolerant of the exercise of rights and freedoms and whose members are free from physical violence, force, abuse, and threat. Students can reasonably expect the following services, treatment, and information:
Equal Access to Snow College
Snow College, an equal opportunity institution, welcomes students for admission according to the standards stated in its current admission application without regard to race, color, national or ethnic origin, ancestry, age, religion or religious creed, disability or handicap, sex or gender, sexual orientation, marital status, military or veteran status, genetic information, or any other characteristic protected under applicable federal, state, or local law.
Notice of Non-Discrimination
Snow College is committed to providing an inclusive and welcoming environment for all members of our community, including students, faculty, staff, and visitors. We do not discriminate on the basis of race, color, religion, creed, national origin, ancestry, sex, sexual orientation, gender identity, gender expression, age, marital status, veteran status, disability, genetic information, or any other legally protected characteristic.
In accordance with applicable federal, state, and local laws, Snow College prohibits discrimination in all its programs, activities, and employment practices. This applies to admissions, educational programs, athletics, employment, and access to facilities.
Snow College administration, faculty, and staff are committed to creating an environment where every individual is treated with dignity and fairness, and where respect and mutual understanding are paramount. Any form of discrimination or harassment is not tolerated and will be addressed promptly and effectively.
In addition, Title IX of the Education Amendments specifically prohibits sex discrimination in federally supported programs. In order to comply with Title IX, Snow College affirms its commitment to this policy by prohibiting any form of sexual misconduct, which includes sexual harassment, sexual violence such as rape, sexual assault, sexual exploitation, coercion, dating violence, domestic violence, and stalking. Local, state, and federal laws will be enforced on Snow’s campuses.
The aforementioned Federal laws prohibit covered entities from retaliating against a person who files a charge of discrimination, participates in a discrimination proceeding, or otherwise opposes an unlawful employment practice.
Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person's verbal or written report. Such a report may be made at any time (including during non-business hours) by using the telephone number, electronic mail address, or by mail to the office address listed for the Title IX Coordinator. A grievance process is set forth in the Snow College Title IX Policy Prohibiting Discrimination and Sexual Harassment which contains the College's grievance procedures and process including how to report or file a complaint of sex discrimination, how to report or file a formal complaint of sexual harassment, and how the College will respond.
If you are an applicant for admission or employment, student, employee, or are a union or professional organization holding collective bargaining or professional agreements with Snow College or are otherwise connected with Snow College or any of Snow’s campuses and wish to report sex discrimination, including sexual harassment or have questions about Title IX or concerns about possible sex discrimination (i.e. on the basis of sex or gender, gender identity and/or expression, sexual orientation, pregnancy, etc.) or sexual misconduct (as stated above), please contact either of the following offices:
Snow College Director of Human Resources: Brent Baxter
(435) 283-7058, Noyes Building, Room 242.
Snow College Title IX Coordinator: Staci Taylor
(435) 283-7120, Noyes Building, Room 233
Email: titleix@Snow.edu
Denver Region Office for Civil Rights
U.S. Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
Telephone: (303) 844-5695
FAX: (303) 844-4303
TDD: (800) 877-8339
Email: OCR.Denver@ed.gov
Other Student Rights
GENERAL RESPONSIBILITIES
The following are considered personal organizational standards at Snow College. Any student found to be in violation of such standards may face disciplinary action. All alleged violations should be reported immediately to the School Conduct Official. The college’s jurisdiction extends to all admitted or enrolled students.
The college’s jurisdiction also extends to former students if they were admitted or enrolled at the time of an alleged violation.
This Student Code of Conduct may also be invoked against students whose off-campus behavior potentially harms the institutional or educational interests of the college or the well-being of its students and employees. On occasion, instances of student misconduct may constitute offenses against the larger community.
Snow College officials will not intervene on behalf of students who have been charged with violations of law. Snow College will provide all proper assistance to law enforcement authorities and will offer appropriate aid to help students conform to proper legal standards. Violations of federal or state laws or local ordinances will be reported to law enforcement authorities, regardless of whether such violations occur on school campus grounds, on other school property, at other college sponsored activities, or in on campus housing units.
SNOW COLLEGE DRUG AND ALCOHOL POLICY
The Federal Government enacted the Drug-Free School and Community Act on December 12, 1989. Institutions receiving federal funds under any federal program must certify that they have adopted a policy and implemented a program to prevent the unlawful possession, use of, or distribution of alcohol and illicit drugs by students. To comply with this federal requirement, Snow College has established the following drug and alcohol policy:
Snow College recognizes both the legal and social considerations relative to personal behavior and habits. Any activity that violates state, federal or local law is prohibited at Snow College. This includes driving under the influence; the possessing or drinking of alcoholic beverages by minors; driving under the influence of, possessing, trafficking in, or misusing alcohol, any narcotic, any dangerous/unlawful drug, or any other substance controlled by local, state, or federal law, in any college building or on college grounds or elsewhere within the college community, including on and off-campus housing. Sanctions could include fines, community service hours, mandatory drug/alcohol counseling/education/treatment, probation, suspension, expulsion, and referral to civil authorities.
Student Amnesty for Alcohol and Drug Emergencies: Alcohol poisoning and drug overdose are serious and life-threatening medical emergencies. Students may encounter this type of emergency during their time at Snow College. In cases of significant intoxication as a result of alcohol, drugs or other substances, the College encourages individuals to seek medical assistance for themselves or others. If medical assistance is sought, the College will not pursue conduct violation charges relating to drug and alcohol possession or use against the intoxicated student and students actively assisting an intoxicated student.
Actively assisting requires that an individual:
The intoxicated student (and possibly those who were attending to/assisting the student) may be required to meet with the School Conduct Official who may issue educational requirements that may include alcohol and/or drug education, counseling, and/or a substance abuse assessment. Serious or repeated incidents will prompt a higher degree of concern/response. Students who fail to complete the educational or other requirements may be subject to disciplinary action.
This Policy only provides amnesty from violations of the Snow College Student Code of Conduct relating to drug and alcohol possession or use. It does not grant amnesty for criminal, civil, or legal consequences for violations of Federal, State, or Local law. For information regarding immunity from alcohol-related criminal offenses, please see Utah Code section 32B-4-423.
Snow College prohibits the use of all forms of Tobacco and Vape Products on College Property as described below. Snow College prohibits any advertising, sale, or free sampling of Tobacco and Vape Products on College Property. Use of Tobacco and Vape Products is prohibited on all College Property. This includes college-owned student housing, owned or leased by the College, and all outdoor areas owned or leased by the College. When any person enters College Property, any Tobacco or Vape Products shall be extinguished and disposed of in an appropriate receptacle at the perimeter of College Property or securely stored and not used while on College Property. Any exceptions to this policy, such as for legitimate pedagogical or research purposes, must be approved by the College’s Risk Manager, and all safety measures required as a condition of approval must be strictly adhered to.
Snow College students are responsible for their own citizenship. They are expected to obey all federal and state laws and local ordinances regarding alcohol and/or drugs. Students are answerable to law enforcement authorities for law violations.
Violations of federal or state laws or local ordinances regarding alcohol and/or drugs will be reported to law enforcement authorities.
Alcohol and illegal drugs cause liver, heart, brain, and other organ damage. They also contribute to emotional, mental, and psychological disorders. They impair the ability to make safe, responsible decisions. Binge drinking can cause death from alcohol poisoning.
The following resources are available for students who want help with alcohol or drug issues:
Misconduct or behavior that will be subject to the disciplinary procedures outlined in this Code of Conduct include but are not limited to the following, as well as any acts prohibited by state or federal law and acts prohibited by the Snow College Title IX Sexual Harassment Policy Prohibiting Discrimination and Sexual Harassment.
Academic Dishonesty includes, but is not limited to, cheating on tests, quizzes, or other evaluation instruments, collusion, falsification, deception, or misrepresentation of material submitted as class work, and plagiarism. More detail about how such misconduct is handled is explained in the Academic Honesty policy listed under the Academic Policies and Standards section of the online catalog.
Assault/Battery includes the following activities which are prohibited by Snow College anywhere within the college community including on and off campus housing units:
Bullying/Harassment involves words, actions, or behaviors that intentionally distress, demean, intimidate, threaten, or alarm another person and interferes with their ability to participate in or derive the benefits from the experiences and activities of college life whether expressed face to face or through a personal, physical, or digital means, specifically including the use of documents, email, instant messaging, chat rooms, cell phones or other forms of communication technology and social media.
Disorderly Conduct/Behavior includes conduct/ behavior which disrupts the academic and social environment or violates fair access to the academic experience on campus or anywhere within the college community. Some examples of disorderly conduct include but are not limited to: drunkenness; physical violence; harassing an instructor, staff or fellow student; obstruction or disruption of disciplinary procedures or other college activities including public functions; or language which incites by referring to race or ethnic origins on college owned or controlled property, within the college community, in on or off campus housing units, or at college sponsored or supervised functions.
Disruptive Behavior is conduct which significantly interferes with the educational process, the educational environment (including on and off campus housing), or the administrative functions of the college. Whether a student’s conduct rises to the level of being disruptive is evaluated on the basis of the individual situation. Disruptive student conduct includes any behaviors or situations of a student that materially disrupts the study, housing, or other normal activities of other students or staff of the college. Examples of such conduct include:
Disregard for College Authority occurs when students fail to comply with official requests for contact or other direction from college officials performing their duties.
Dress Expectations: For health and safety reasons, appropriate attire, including shoes, are required while indoors on campus.
Explosives, Fireworks, or Dangerous Weapons: The possession or use of explosives, fireworks, and other dangerous weapons on campus and/or within the college community including on and off campus housing units is prohibited.
False Information or Obstruction of Justice involves furnishing false information to the college with the intent to deceive or obstruct justice in any way and is unacceptable. Examples include, but are not limited to, the falsification of admissions application information and falsification of academic credentials, such as transcripts from other institutions.
Firearms: The use or possession of firearms is prohibited on campus and in campus housing except as specifically authorized by statute.
Fraud includes altering, falsifying, or otherwise misusing college documents, records, or identification cards, including but not limited to registration, attendance or withdrawal forms, or transcripts, and is prohibited.
Information Technology Acceptable Use: Computer and information technology facilities operated by Snow College are available for the use of admitted Snow College students, faculty, staff, and authorized guests of the institution. College Information Technology facilities are comprised of numerous components, including such college owned facilities as computer hardware, multimedia hardware, video equipment, software, documentation, communications support, online account administration, support services, internet access and instructional materials. The Information Technology Acceptable Use Policy applies to situations where any person or persons utilize college information technology facilities alone or in combination with other information technology facilities.
Violation of this policy will result in suspension or revocation of use privileges, administrative discipline, or immediate termination of the violator’s relationship with Snow College and could lead to criminal and civil prosecution. The college is authorized by anyone utilizing its information technology facilities to cooperate with government and civil authorities in the prosecution of any criminal and civil matter against any person who violates this policy, including disclosure of any records, information, data, images, communications, recordings, or other evidence in the custody of or accessible by the college.
Use of any college information technology facility constitutes acceptance of the terms of the Information Technology Acceptable Use Policy. Users acknowledge they have read and understand the policy and they shall be personally responsible for their acts or omissions in connection with utilization that violates this policy.
Authorized uses of the Snow College Information Technology facilities include:
Unauthorized uses of the Snow College Information Technology facilities include:
Due to the inherent lack of security in most Internet communications, and due to the right and need for the college to monitor compliance with this policy, use of the Snow College information technology facilities that require strict privacy is not encouraged or supported. While Snow College will exercise due diligence to protect the privacy of technology facilities users, any person using any college information technology facility understands and agrees they are specifically waiving any expectation or right to privacy in their communications, data, programs, or other personal information stored, displayed, accessed, communicated, published, or transmitted on the facilities.
Intimidation: Occurs when a person intimidates or attempts to intimidate any witness or victim who seeks to file a report or claim against another person with the intent to or with the knowledge that his/her conduct will obstruct, impede, impair, prevent, or interfere with the administration of the school’s code of conduct.
Intoxication: Being intoxicated to any degree while on Snow College property, regardless of the location of consumption, is strictly prohibited. Becoming intoxicated off campus to a degree that the person may endanger themselves or another person may also be considered a conduct violation. This may include but is not limited to the need for medical transport based on excessive alcohol consumption. Operating a vehicle while under the influence of alcohol or any other substance is also strictly prohibited.
Invasion of Privacy: Is any use of electronic devices (cell phones, cameras, camcorders, etc.) to create images, videos, or audio recordings of persons without their knowledge or consent when and where they have a reasonable expectation of privacy.
Littering: Discarding of trash and other items on campus grounds or in buildings is prohibited. The efforts to promote campus beauty and cleanliness need the support of all members of the campus community.
Malicious Treatment and/or Hazing: Refers to an act or threat, physical or psychological, that subjects a student or others to physical pain or discomfort, indignity, or humiliation at any time. Such acts are unacceptable behavior, regardless of the consent or cooperation of the recipient. Such behavior includes but is not limited to:
Misuse of Alcohol: The use or possession of alcohol is strictly prohibited on Snow College property. This includes college-owned student housing, vehicles, and all outdoor areas owned or leased by the College. Students are prohibited from using, consuming, storing, possessing, manufacturing, distributing, or selling any alcoholic beverage or paraphernalia, including empty bottles, cans, or containers in all locations on the Snow College premises.
Misuse of Drugs: Use or possession of illegal drugs and the abuse of prescription drugs are not permitted on Snow College property as prohibited under federal or state law. This includes the manufacturing and distribution of such substances. Illegal drugs may include, but are not limited to marijuana, methamphetamine, cocaine, opiates, LSD, mushrooms, heroin, designer drugs such as Ecstasy/GHB, other controlled substances, or any substance used for an intoxicating effect. This includes college-owned student housing, vehicles, and all outdoor areas owned or leased by the College. Operating a vehicle while under the influence of alcohol or any other substance is also strictly prohibited.
Misuse of Tobacco or Vape Products: Use of all forms of tobacco and vape products is strictly prohibited on all Snow College property. Advertising, selling, or free sampling of tobacco and vape products on college property is not permitted. This includes college-owned student housing, vehicles, and all outdoor areas owned or leased by the College. All persons entering College property must extinguish, dispose of, and/or appropriately store tobacco or vape products, and refrain from using them while on college property. Snow College prohibits the underage use or possession of tobacco and vape products as prohibited by law.
Retaliation: An action performed directly or through others, that is aimed to dissuade a reasonable person from engaging in a protected activity or is done in retribution for engaging in a protected activity. Action in response to a protected activity is not retaliatory unless (i) it has a materially adverse effect on the working, academic, or other College-related environments of an individual and (ii) it would not have occurred in the absence of (but for) the protected activity. Examples of prohibited retaliation include:
Sexual Misconduct: Includes Sexual Harassment, Dating Violence, Domestic Violence, Sexual Assault, Sexual Exploitation, or other sexual offenses as defined by Utah law including Chapter 5, Part 4 of Title 76, as well as the Snow College Title IX Policy Prohibiting Discrimination and Sexual Harassment. If an incident falls outside of the scope of the Snow College Title IX Policy Prohibiting Discrimination and Sexual Harassment, the incident may be investigated under this Student Code of Conduct. Snow College is committed to stopping and preventing sexual misconduct within the college community. Allegations of sexual misconduct involving students should be referred to the college’s Title IX coordinator for investigation and appropriate administrative action.
Students who have been victims of any sexual misconduct may seek support and assistance at the college’s Counseling and Wellness Center, (435) 283-7136.
While the Title IX Policy sets forth definitions of Sexual Misconduct it is worth repeating here two important concepts therein:
Smoking: Snow College prohibits the use of all forms of Tobacco and Vape Products on College Property. This includes college-owned student housing, buildings owned or leased by the College, and all outdoor areas owned or leased by the College. When any person enters College Property, any Tobacco or Vape Products shall be extinguished and disposed of in an appropriate receptacle at the perimeter of College Property or securely stored and not used while on College Property.
Solicitation: Sales by students on campus is strictly forbidden without prior approval from the college’s Scheduling Office and according to college policy.
Tampering: Involves intentionally setting off a fire alarm or emergency 911 phone, falsely reporting a fire or other emergency, or tampering with fire or other emergency equipment. This is unacceptable behavior, except when done with reasonable belief that a true need exists.
Unauthorized Entry: Entry without permission of any college facility and/or property is prohibited.
Vandalism or Theft: Involves the willful abuse or theft of college property or the property of students, faculty, staff, or guests on campus or anywhere within the college community including on and off campus housing units. Such behavior is prohibited.
Violation of Laws: College disciplinary proceedings may be instituted against a student charged with violation of U.S., state, or local law without regard to the pendency of civil litigation in court or criminal arrest and prosecution. Proceedings under this code of conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings.
Violation of College Probation: Occurs when students on whom disciplinary sanctions are imposed fail to observe imposed probationary requirements. Such action violates this code of conduct and may lead to suspension, expulsion, or imposition of other penalties. Some academic programs have more specific standards for probation and dismissal as outlined in that program’s student policy guide.
Jurisdiction
Snow College has the responsibility and obligation to prevent and correct misconduct, which disrupts or inhibits participation in college activities, classes, or other educational experiences. Prohibited conduct is explained in Section IV of the Student Code of Conduct.
General Guidelines
The following general guidelines apply to the college’s student disciplinary procedure.
Definitions
Advisor: A person who advises a Party throughout the process and may act as a representative at the Hearing stage, including making an opening or closing statement, asking questions, and otherwise actively participating. An Advisor may, but need not be, an attorney. The Advisor is expected to abide by the Hearing requirements, including civility. An Advisor who is disruptive may be excluded from an interview, Hearing, or other proceedings. During the formal investigation or Informal Resolution process, an Advisor may only advise the student and may not actively participate in the process unless the responsible official determines greater involvement is warranted. During the Hearing both Parties may bring one support person, in addition to their advisor.
Complainant: An individual who is alleged to be the victim of misconduct by the Respondent(s). The Complainant is not necessarily the person who reported the misconduct.
Days: Are calendar days unless otherwise defined. Extensions of Deadlines are discouraged but may be granted by the Student Conduct Official or Hearing Committee Officer for good cause shown.
Emergency Measures: May include temporary no contact order(s), changes in academic schedule(s), housing reassignment(s), counseling, or other relevant actions. In extraordinary cases, a Respondent may be temporarily removed from campus prior to the outcome of the grievance process, provided that the recipient undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal, and provides the respondent with notice and an opportunity to challenge the decision immediately following the removal. In such circumstances, the process shall follow the suspension as expeditiously as possible.
Informal Resolution: Used to resolve concerns at the earliest stage possible with the cooperation of all parties involved. Participation in the informal resolution process is voluntary and must be agreed to by both parties in writing. Informal resolution may include an investigation but should be flexible enough to meet the needs of each case. The Informal Resolution may include an agreement between the parties, separating the parties, referring the parties to counseling programs, negotiating an agreement for disciplinary action, conducting targeted preventive educational and training programs, or providing remedies for the individual harmed by the offense.
Preponderance of Evidence: The evidentiary standard used to determine if the allegations occurred and if a Snow College policy violation has occurred. A preponderance of evidence means it is more likely than not, or more than 50 percent in favor, that misconduct occurred.
Respondent: A person against whom a complaint is made.
Student Conduct Notice: A written notice sent to an individual by a college official directing the individual to report to the college’s Student Conduct Official with respect to an alleged violation of the Student Code of Conduct.
Student Group: Any group associated with the College, formally or informally, that includes Snow College students as members. A Student Group includes clubs, associations, organizations, and athletic teams.
Student Standards Committee: A group of individuals who have been trained to hear disciplinary appeal cases and make recommendations through the Committee Chairperson as to what action should be taken.
Student Standards Committee Chairperson: A person authorized by a college official to recommend action regarding an individual thought to have violated the Student Code of Conduct.
Disciplinary Process:
This disciplinary process applies only to non-academic conduct related issues. Academic related issues are handled separately through the Academic Affairs Office and allegations of misconduct falling within the jurisdiction of the Title IX Policy will be handled according to that Policy.
A reference to the Student Conduct Official, Dean of Students, Title IX Coordinator, and other officials includes their designees and any successor titled official.
Allegation of misconduct may be made by any member of the College community - student, faculty, or staff, or by members of the community at large.
There is a presumption that the Respondent is not responsible for the alleged misconduct, until a determination has been made in the grievance process.
All cases of alleged student misconduct shall be referred to the Dean of Students for review. The standard of evidence used to determine responsibility will be based on the preponderance of the evidence standard.
In cases of misconduct, within a reasonable period of time, the Dean of Students or an appointed investigator will review the complaint; refer the matter for proceedings in accord with Title IX if appropriate; communicate with the Reporting Party and/or Complainant to discuss the allegations, witnesses, and evidence; and conduct an appropriate investigation including, as necessary, obtaining witness testimony or statements and physical evidence. The Respondent will be notified of the allegations and interviewed and be allowed to suggest witnesses and evidence to be included in the investigation. Notification to the Respondent will precede an interview. Notice may be written or verbal and may be given immediately before a student is interviewed regarding the issue described in the notice or as otherwise required by state and federal law and regulations then in effect. The Respondent will also be advised of their right to have an advisor throughout the process who may, but need not be, an attorney and if a Respondent wishes to seek counsel from an advisor, the interview will be rescheduled to allow the Respondent reasonable time to obtain an advisor.
Emergency measures may be taken where appropriate.
The college may proceed with the investigative, disciplinary, or appeals processes in a timely fashion without a student party if that person fails to participate. The college may set reasonable deadlines and move forward with investigative, disciplinary, or appeals processes regardless of whether a student and/or a student’s advisor is able to accommodate those deadlines although reasonable extensions of deadlines shall be allowed for good cause.
Parties will have an equal opportunity to suggest witnesses and other evidence. Additional
investigation may be undertaken. The investigation will include an objective evaluation
of all relevant evidence. All persons involved with the investigation, hearings and
other parts of the process shall be free from actual bias or conflicts of interest
and properly trained.
After the matter is investigated, the investigator shall prepare a report summarizing
the evidence, making findings, and making recommendations including sanctions where
warranted. The Dean of Students will review the report and evidence, request additional
investigation, if necessary, then make a determination based upon a preponderance
of the evidence standard whether or not a violation has occurred. If a violation has
occurred, the Dean of Students shall make a determination as to the measures necessary
to address the matter. If misconduct sanctions are appropriate, the Dean of Students
shall make a determination as to an appropriate sanction. (See Sanctions section.)
All parties shall be provided with written notice of the outcome of the investigation
(“Outcome Letter”). The Outcome Letter shall include findings from the investigation
and information regarding the right to seek reconsideration or request a hearing.
At any point in the proceedings, and where appropriate, an informal resolution may be attempted by the college with the agreement of both Parties. An informal resolution that is agreed upon by all parties (for example, mutual no-contact orders, restitution for unintentional property damage, educational projects, etc.) may be entered into. This may terminate or suspend further proceedings.
A. Upon receiving the findings in writing, where the sanctions imposed are less than or up to ten (10) days suspension, the Party shall have the following rights:
Within ten (10) days of the issuance of the Outcome Letter (which shall include sending the findings to a student’s College email) a party may request that the Dean of Students reconsider the findings and sanctions based on the following grounds:
The request for reconsideration shall be in writing and shall be delivered to the Dean of Students, either in person or by email. The written request for an appeal must include the following:
The Dean of Students shall review the request for reconsideration, send it to the other Party and request that they respond, then make a final determination. The final determination may include denial of the request and upholding the original Outcome Letter, a direction to the investigator to conduct additional investigation and prepare a new report, the issuance of a new Outcome Letter which may include imposing lesser or greater sanctions, or a referral of the matter for a Hearing. The Dean of Student’s action shall be final and non-appealable.
This is the only right a student has if they receive a sanction that is less than a ten (10)-day suspension or if the Party is not a Student.
B. Upon receiving the findings in writing, where the sanctions imposed are more than an eleven (11) day suspension, the Party shall have the following rights:
Within ten (10) days of the issuance of the Outcome Letter (which shall include sending the findings to a student’s College email), request an appeal hearing. The request for a hearing shall be in writing and shall be delivered to the Dean of Students, either in person or by email. The written request for a hearing must include the following:
The Requesting Party must reasonably cooperate, including responding to communications from the college and agreeing to a reasonable schedule. While reasonable efforts to accommodate the schedules of the parties will be made, the college may set reasonable deadlines and move forward with the hearing process regardless of whether a party and a party’s advisor is able to accommodate those deadlines.
The Appeal Hearing may be dismissed by the college and the original decision will stand if the Requesting Party fails to reasonably cooperate in the hearing process.
C. In certain exceptional cases the College may refer a matter to an Appeal Hearing on its own determination.
Hearings
Where a request for a hearing is made and there are good grounds for a hearing a Hearing Panel shall be appointed. The following procedures shall then apply:
The Hearing Panel shall be composed of up to three (3) voting members: 3 members of the administration, faculty, or staff who have received appropriate training regarding the allegations of misconduct. A Hearing Officer may be appointed from among the 3 voting members, or a Hearing Officer may be appointed who is not a voting member of the Hearing Panel. The Hearing Officer will be charged with administering the Hearing, ruling on evidence, and handling other procedural matters in consultation with and on behalf of the voting members. The Parties will be advised of the members of the Hearing Panel prior to the hearing, and any Party may object, in a timely manner, to any of the members for actual bias. An objection shall be reviewed by the Hearing Panel prior to the hearing and a substitute shall be selected if bias is found. Hearing Panel members shall also withdraw themselves if they are biased. The Hearing Officer will make administrative decisions and conduct the hearing. The Hearing Officer shall notify the Parties of the hearing schedule and procedures. During all phases of a hearing, both parties may have an advisor to assist them during the hearing.
Prior to the hearing, Parties shall be notified of the witnesses proposed to be called by the Panel and documents and other real evidence to be considered. Each party shall provide to the Committee copies of any additional documents and other real evidence they intend to submit and a list of additional witnesses they would like to call during the hearing on a schedule to be set by the Panel. This information shall be shared with both parties. The College will attempt to compel witnesses within its jurisdiction to attend, but Parties may have to arrange for other witnesses to attend. The Panel may limit the number of witnesses and exclude cumulative witnesses and evidence. A pre-hearing conference may be scheduled by the College to discuss scheduling, evidentiary and other issues.
The Hearing Panel shall accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Parties and/or other witnesses during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, video conferencing, written statement, or other means as determined in the discretion of the Hearing Officer to be appropriate.
A hearing is not to be an overly contentious process and the highest level of civility is expected. The Parties shall be accompanied at the hearing by an advisor of their choice who may, but need not be, an attorney. If an attorney will serve as an advisor, the Committee shall be notified at least 7 days in advance of the hearing by the Party. The advisor shall be allowed to advise their Party throughout the hearing. Students are encouraged to represent themselves during the hearing as much as possible, including giving opening and closing statement, however the Advisor may be permitted to provide the opening and closing statements as well.
At a hearing, the Parties shall have the right to present an opening statement, testimony, witnesses, evidence, written statements (although these may be restricted by the committee as described herein), and to give a closing statement. Reasonable time limits may be imposed by the Committee. In general, the Committee will first question witnesses (anyone testifying). Parties will then be allowed to submit further questions for the Committee to ask. Direct questioning of a witness may be allowed at the Committee’s discretion except direct questioning of a Party by another Party will generally not be allowed. Formal rules of evidence do not necessarily apply, but the Committee will consider whether evidence and testimony should be admitted considering relevance, probity, reliability, cumulativeness, and other factors. Some or all of the investigator’s report may be admitted as evidence and the investigator may testify as to their investigation. With regard to witness statements, including statements or summaries in the investigator’s report, the Committee may consider why the witness is absent if they do not appear at the hearing. The College shall be represented by the investigator or by counsel who may assist in presenting relevant evidence relating to the charge of misconduct as well as answering questions from the Hearing Panel. The hearing shall be closed to the public, but a Respondent, Complainant, college officials and others allowed by the committee may attend the entire hearing.
At the conclusion of the appeal hearing, the Hearing Panel shall commence deliberations in private. The Panel may meet further as necessary to finalize its decision. The Hearing Panel shall make its decision based upon the standard that a Respondent is presumed not to have engaged in a Code of Conduct violation until a violation is established by a preponderance of the evidence. The Hearing Panel shall reach its decision by a majority of its members. The Hearing Panel shall then submit its written findings of fact and its decision within a reasonable time of the hearing. The Hearing Officer will provide a copy of the report to the parties and the Dean of Students. The Panel may find a violation, a violation in part, or no violation and may sustain the original discipline (if any), impose new discipline (which may be lesser or greater), or impose no discipline. If necessary, the Panel may delay its decision, direct the investigator to obtain additional evidence, and then reconvene the hearing to take additional evidence on the record. If this is done, each Party shall be notified of the new investigator findings and given a chance to respond in the reconvened hearing. The Panel shall then deliberate further and issue its decision. The decision by the decision-maker shall be the final decision of the College.
There shall be a record, such as a video, audio recording or transcript, of all hearings before the Panel, it shall be kept in a confidential file, and shall be available for review by the parties or by the college administration. The record shall be maintained for seven (7) years and be the property of the college. The Record shall be classified as a protected record pursuant to GRAMA, Utah Code 63G-2-305 and/or a private record pursuant to 63G-2-302.8.
In determining the appropriate sanction(s), the Dean of Students or Hearing Panel shall be guided by the following considerations:
The following sanctions may be imposed upon any student found to have violated the Student Code of Conduct. Also, a disciplinary hold is typically placed on the student’s records which may prevent the student from registering for future classes or requesting transcripts until disciplinary sanctions are completed.
More than one of the sanctions listed may be imposed for any single violation.
Future violations of the student code of conduct by the same student may result in increased sanctions, which may result in suspension or expulsion from Snow College.
In compelling circumstances, the Dean of Students or a designee, may impose a college and/or residence-hall emergency suspension prior to the hearing before a Hearing Panel. Emergency suspension may be imposed to ensure the safety and well-being of members of the college community or preservation of college property, after the College undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of any student or other individual or threat to property arising from the allegations of a violation justifies removal, and provides the respondent with notice and an opportunity to challenge the decision immediately following the decision. In such circumstances, the process shall follow the suspension as expeditiously as possible. This includes such actions as; threatening or inflicting bodily harm on oneself or others; inflicting serious emotional or mental distress or fear on oneself or others; creating a substantial disruption of normal campus functions including campus instruction; presenting a threat to the stability and continuance of any normal college function; being arrested on misdemeanor or felony charges; hindering or impeding the progress of any academic; non-academic, or activities group on campus.
During an emergency suspension, students may be denied access to the residence halls and/or to the campus (including classes) and/or all other college activities or privileges for which the student might otherwise be eligible, as the Dean of Students may determine to be appropriate.
Upon graduation or otherwise permanently leaving the College, the student’s disciplinary record may be expunged of disciplinary actions other than residence-hall eviction, college suspension or college expulsion, upon application to the Dean of Student’s Office and approval. Approval shall be based upon a review of all information and circumstances but is discretionary with the Dean of Students.
Appropriate sanctions, including those listed above, may be imposed upon groups or organizations.
A Student Group is subject to the Student Code of Conduct. A Student Group and its members may not violate any provision or aid or encourage any member to violate or participate in a violation of any provision. If a violation is shown, a Student Group may be sanctioned including any of the previously listed sanctions. For example, a Student Group may be placed on Probation, be subject to a Loss of Privileges such as the ability to represent itself as a Snow College associated group or denied the right to use College facilities. A Student Group may also be sanctioned by:
A Student Group is entitled to the procedures and processes set forth in the Student Code subject to (1) the Student Group assigning an officer to represent it and take responsibility for compliance with the procedures and processes and (2) the right of the college to modify procedures and processes as necessary to fit situations where a group is involved rather than an individual.
Grievance
A grievance is a claim or charge of injustice, oppression or discrimination based upon an event or condition which affects the welfare or condition of an individual student or group of students. The academic divisions and student service departments on campus each have their own procedures for hearing student grievances and appeals. When students feel they have been subjected to unjust action or denied their rights by a member of the College community, the student should, with the exception of Title IX complaints/claims, first attempt resolution with those involved with the problem. If no resolution is found, the student should contact one of the following departments, depending on the nature of the problem:
For other questions, individuals may call the Office of the Dean of Students at (435) 283-7100.
Student Concerns
The college official serving as the Dean of Students is available to all students who have concerns about their college experience. In this role, that official offers students a fair and equitable process for addressing concerns, having the responsibility to consider the legitimate concerns and interests of all parties affected by the matter under consideration. That official assists students by listening, providing and receiving information, identifying and reframing issues, developing possible options for dispute resolution, and referring students to appropriate resources. That official also tries to help students develop ways to solve problems themselves. That official is committed to helping students impartially and confidentially. Contact the Dean of Students at (435) 283-7100, or mike.daniels@snow.edu.
Student Consumer Complaints
Students who have complaints against the college relating to fraud, false advertising, or other deceptive practices can file a complaint with the
Utah Division of Consumer Protection
160 East 300 South, 2nd Floor
P.O. Box 146704
Salt Lake City, Utah 84114-6704
Telephone No. (801) 530-6601
Toll Free in Utah at 1-800-721-7233
In addition, students involved with distance and correspondence education can file a complaint with their state’s enforcement authority www.snow.edu/online/State_Regulators.
Students who have complaints relating to issues that are covered by the Student Code of Conduct should follow the institution's process for filing a complaint. The Student Code of Conduct is found at www.snow.edu/catalog/student_rights.html.
Students who have complaints relating to the school’s quality of education or other issues appropriate for its accrediting body to consider, can file a complaint with the Northwest Commission on Colleges and Universities at www.nwccu.org.
Copies of documents describing the school’s accreditation and state approval are available for review upon request in the Academic Affairs Office.
I. Scope and Purpose
This procedure applies to all Snow College (Snow) students and campus guests. Procedures for college employees who may have experienced discrimination based on a disability are outlined in the Snow College Personnel Policies and are administered by the college's Human Resource Office. The purpose of this procedure is to assist the college in carrying out its responsibilities in administering and enforcing applicable federal and state laws and college policies related to nondiscrimination of students or campus guests on the basis of disability.
II. Policy Statement
In accordance with the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 and other applicable law, Snow takes appropriate action to ensure that its programs and services are readily accessible to qualified individuals with disabilities. No qualified student or campus guest with a disability shall, on the basis of the disability, be excluded from participation in, be denied the benefit of, or otherwise be subjected to discrimination related to any of the institution's programs or activities. All college employees are expected to adhere to Snow College ADA/Sec. 504 policies. The college has the right and responsibility to resolve allegations of discrimination based on disability.
Retaliation is prohibited and Snow also investigates and resolves allegations of retaliation against individuals who have raised claims of discrimination based on disability or who have cooperated in an investigative process in some manner.
III. Filing Process
Grievances must be filed with the Accessibility Services/ADA Coordinator (Coordinator). The Coordinator will ask the Complainant (the student or campus guest claiming there was discrimination) to submit a written report describing the alleged discrimination. The Coordinator will arrange assistance with this procedure, if needed. A grievance should be filed as soon as reasonably possible after the incident but will not be accepted more than 90 calendar days from the last act of alleged discrimination. Snow will consider requests to extend this period beyond the 90 calendar days when the Complainant can show he or she needed additional time due to circumstances beyond his or her control.
The Complainant will meet with the Coordinator to discuss the allegation, the resolution process, and options (informal, formal) for proceeding with resolution of the grievance. The Complainant is not required to follow the informal procedure before filing a formal grievance. The Respondent (the individual accused of discrimination) will be notified of the grievance within 10 working days after it is filed.
Informal: The Coordinator may offer the Complainant the opportunity to voluntarily discuss allegations and concerns with the Respondent (directly or through the Coordinator or some other mediator) to attempt to resolve the allegation. The Complainant is not required to do this to move forward with a formal grievance. The Coordinator will notify the Respondent that his or her behavior has been questioned and whether informal resolution has been sought. The Coordinator may interview witnesses, obtain statements or other evidence from the Complainant and Respondent, or review other evidence when attempting informal resolution of a grievance. The Coordinator will provide both parties a written summary of the resolution of any grievance resolved through the informal process. If informal attempts to resolve the situation are not successful, the Coordinator will immediately inform the Complainant that he or she may pursue a formal grievance.
Formal: If the Complainant elects to file a formal grievance, the Coordinator will conduct a full investigation complete with written findings to be given to the Complainant and the Respondent. If the Coordinator determines that the alleged discrimination or retaliation occurred, he or she will report this finding and may recommend corrective actions to an appropriate College official through the Office of the Vice President for Student Success. Recommendations may, as appropriate, include a directive to stop any ongoing discrimination or retaliation; suggested disciplinary or other corrective actions against the Respondent or others; suggested relief for the Complainant to remedy the effects of the discrimination or retaliation; and any other action or reasonable accommodation considered necessary to ensure that the discrimination or retaliation will be remedied and not be repeated.
The Coordinator will complete investigations as expeditiously as possible. The investigation shall normally be completed within 45 working days from the filing of a formal grievance, including written notification of the parties of the outcome of the investigation. In extraordinary circumstances, the Coordinator may extend this time for a reasonable period. All parties will be notified if such an extension is necessary.
Appeal: The findings of a formal grievance investigation may be appealed in writing to the Office of the Vice President for Student Success by the Complainant or Respondent within 10 working days of receipt of the Coordinator's determination. Either party may appeal a decision based on the discovery of new evidence previously unavailable, a significant irregularity in the procedural process which could affect the outcome or a claim that the decision was not supported by the facts or the law. The appellant should be as specific as possible in setting out the basis for appeal. The determination of the Office of the Vice President for Student Success is final.
At any time, prior to filing a grievance, or while a complaint proceeding is in progress, a Complainant may file their grievance with an appropriate external agency. A complete list of agencies, along with contact information, is available from the Office of the Vice President for Student Success, 150 East College Avenue, Ephraim, UT 84627. Phone 435-283-7100.
IV. Confidentiality
The Accessibility Services/ADA Coordinator takes any allegation of discrimination or retaliation seriously and is committed to protecting the integrity of the investigation process including confidentiality and the due process rights of all individuals. Note that all those involved (the Respondent, the Complainant, and the witnesses) have privacy interests. Therefore, outside the scope of the investigation, all parties are cautioned not to publicize or divulge the nature of the proceedings or the identity of those involved.
V. Right to Advisor
The Complainant and the Respondent each have the right to bring an advisor to any investigative meeting. If either party chooses to exercise this option, he or she shall submit the name of the advisor in writing to the Accessibility Services/ADA Coordinator at least 72 hours prior to a meeting. If either the Complainant or the Respondent's advisor support person is a person degreed or qualified in law, the Accessibility Services/ADA Coordinator must be notified.
VI. Responsibilities and Jurisdiction of the Accessibility-Services/ADA Coordinator
Consistent with federal and state laws and college policies related to nondiscrimination, the Accessibility Services/ADA Coordinator investigates complaints of unlawful discrimination and/or retaliation on the basis of physical or mental disability. The Accessibility Services/ADA Coordinator will make an adequate, reliable and impartial investigation of such complaints at Snow and render a written determination following such investigations.
VII. Transfer of Function
If a grievance, whether informal or formal, is directed against the Accessibility Services/ADA Coordinator or the Vice President for Student Success determines there is some other conflict of interest created by the Coordinator's resolving the grievance, the Vice President for Student Success will transfer the Coordinator's function under this procedure to another appropriate official of the College. If a grievance, whether informal or formal, is directed against the Office of the Vice President for Student Success, the functions assigned to that Office by these procedures will transfer to the Office of the Academic Affairs Vice President.
