IYRS CODE OF STUDENT CONDUCT AND STUDENT GRIEVANCE PROCESS

IYRS believes that its students have the power to Make Anything PossibleTM; and with that power comes great responsibility. Accordingly, students at IYRS are expected at all times to conduct themselves in a manner consistent with good citizenship.

Individual behavior can have either a positive or a negative effect on the IYRS community. As such, students must be mindful of how their behavior impacts those around them; and refrain from any actions that violate or infringe upon the rights of others.

CODE OF STUDENT CONDUCT:

Students found responsible for committing or attempting to commit the following violations (either on or off campus) during their enrollment at IYRS will be subject to sanctions:

Conduct Affecting Others

  1. Threatening or causing harm to any person, or behaving in a manner that would offend or frighten any person.
  2. Endangering the health or safety of others.
  3. Violating IYRS’ Sexual Misconduct and Relationship Violence Policy.
  4. Harassing or discriminating against an individual on the basis of race, religion, color, national origin, age, sex, sexual orientation, gender identity or expression, genetic information, disability, status as a protected veteran, pregnancy or marital status, or any other unlawful basis.
  5. Violations of the Code of Student Conduct that are committed with bias, hatred or animus based on race, religion, color, national origin, age, sex, sexual orientation, gender identity or expression, genetic information, disability, status as a protected veteran, pregnancy or marital status, or any other unlawful basis.
  6. The provision of alcohol and/or other drugs to an individual for the purpose of committing or facilitating sexual misconduct. (The sexual misconduct does not have to actually occur for the individual to be found responsible for the provision of alcohol and/or other drugs).
  7. Retaliation against any individual who reports a complaint or participates in the Student Grievance Process.

 

Conduct Affecting the IYRS Community

  1. Failing to adhere to IYRS rules regarding safety and security.
  2. Failing to adhere to IYRS rules regarding technology use.
  3. Failing to comply with the directions of IYRS employees and/or representatives acting in the performance of their official duties.
  4. Intentionally initiating or causing a false report to be made.
  5. Unauthorized use of IYRS’ name, logo or seal.
  6. Academic dishonesty.
  7. Conduct that interferes with student learning or the mission of IYRS.
  8. Failing to participate in the Student Grievance Process when requested by an IYRS employee to do so.

 

Conduct Affecting Property

  1. Intentionally or negligently damaging IYRS property or the property of others.
  2. Tampering with fire safety or emergency equipment.
  3. Possessing the property of others without consent from the owner.

 

Violations of IYRS’ Alcohol and Drugs Policy

  1. Failing to adhere to the Standards of Conduct outlined in IYRS’ Alcohol and Drugs Policy (Note: IYRS offers Medical Amnesty. If students are seeking medical attention for themselves or others, or reporting a violation of IYRS’ Sexual Misconduct and Relationship Violence Policy, IYRS will not pursue Code of Student Conduct charges for alcohol or drug violations against the reporting student(s) and/or the student(s) involved in the incident).

 

Violations of IYRS Rules, Standards and Policies

  1. Failing to adhere to any IYRS rule, standard or policy.
  2. Failing to adhere to shop safety rules and standards.
  3. Habitually arriving late to class and or mandatory events or meetings.
  4. Failing to dress appropriately and/or in accordance with safety rules.
  5. Failing to maintain a clean shop environment.

 

SANCTIONS

One or more of the following sanctions may be assigned if a student is found responsible for violating the Code of Student Conduct:

Warning

Verbal or written notice that a violation of the Code of Student Conduct has occurred. Future violations may result in more severe sanctions.  A notation of the warning may be reflected in the student’s education records.

Loss or Restriction of Privileges

Limitation or removal of specific privileges. The loss or restriction of privileges will be outlined in writing for the student and a notation of the loss or restriction of privileges may be reflected in the student’s education records. Failure to abide by the loss or restriction of privileges will result in additional sanctions.

Educational Assignment

Specific educational assignment(s) directly related to the violation committed. A notation of the specific educational assignment(s) may be reflected in the student’s education records. Failure to complete the educational assignment(s) by the due date will result in additional sanctions.

Community Service

A designated number of hours of community service that the student must complete. The community service must be appropriate to the violation(s) for which the student was found responsible. A notation of the community service may be reflected in the student’s education records. It is the responsibility of the student to find an appropriate non-profit organization for the community service and provide IYRS with a letter from the non-profit organization confirming that the required number of hours were completed. Failure to complete the community service by the due date will result in additional sanctions.

Restitution

Reimbursement by the student to IYRS, appropriate individuals or organizations for damage, personal injury, or misappropriation. A notation of the restitution may be reflected in the student’s education records. Failure to make restitution by the due date will result in additional sanctions.

Probation

A specific probationary period. The Student may continue enrollment at IYRS during the specific probationary period, however, if the student is found responsible for any additional violations of the Code of Student Conduct during the probationary period, enrollment at IYRS may be suspended or revoked. A notation of the probation may be reflected in the student’s education records.

Deferred Suspension

A deferment of suspension from enrollment at IYRS for a specific period of time. During the deferred suspension, the Student may continue enrollment at IYRS. If the student is found responsible for the same or similar violation(s) during the deferred suspension, the student’s enrollment at IYRS will be immediately suspended or terminated. A notation of the deferred suspension may be reflected in the student’s education records.

No Contact Order

Restrictions placed on a student’s contact with another individual(s). A notation of the no contact order may be reflected in the student’s education records. Failure to abide by the no contact order will result in additional sanctions, which may include an interim suspension.

Interim Suspension

A temporary removal from campus. If it is determined that a student’s continued presence on campus may constitute an immediate threat of harm to the student, to other individuals, and/or to IYRS property, the Manager of Student Services or designee may temporarily suspend the student from being on campus pending the resolution of the Student Grievance Process. Prior to issuing the interim suspension, the student will be given the opportunity to show why the interim suspension should not be implemented, including the opportunity to challenge the evidence that IYRS is relying upon in imposing the interim suspension. In determining the appropriateness of the interim suspension, the rights of the student and the risk of threat to the IYRS community will be taken into consideration.

Interim suspensions may also be used when a student is facing criminal charges and wishes to postpone the Student Grievance Process pending resolution of the student’s criminal case.

During an interim suspension, the student may not be on campus without written permission from the Manager of Student Services or designee. A notation of the interim suspension may be reflected in the student’s education records.

Suspension

Suspension from enrollment at IYRS for a designated period of time. During the suspension period, the student must remain off campus unless the student has received verbal or written permission to be on campus from an employee of IYRS.  At the end of the suspension period, the student will be eligible for reenrollment provided there is no other encumbrance upon the student’s return (financial or otherwise).  A notation of the suspension will be reflected in the student’s education records. 

Dismissal

Permanent removal from enrollment at IYRS without the possibility of future readmission. The student must remain off campus unless the student has received written permission to be on campus from an employee of IYRS.  A notation of the dismissal will be reflected in the student’s education records and may be noted on the student’s transcript.

STUDENT GRIEVANCE PROCESS

For purposes of the Student Grievance Process, the person making the complaint (i.e., alleging that a violation of the Code of Student Conduct has occurred), or the person who was directly impacted by the violation(s), will be referred to as the “Complainant.” The student responding to the complaint (i.e., the student accused of violating of the Code of Student Conduct) will be referred to as the “Respondent.”

The Student Grievance Process will be conducted by officials who, at a minimum, receive annual training on relevant issues (including issues related sexual misconduct, relationship violence and other crimes of violence, if applicable) and on how to conduct the Student Grievance Process in a way that protects safety and promotes accountability.

Standard of Evidence

The preponderance of the evidence standard (more likely than not) will be used for investigating and making findings.

Filing a Complaint

Alleged violations of the Code of Student Conduct should be reported to the Manager of Student Services or designee. Any individual, regardless of affiliation with IYRS, may report a Complaint alleging a violation.

When the Manager of Student Services or designee becomes aware of the alleged violation(s), the Manager of Student Services or designee will conduct an initial threat assessment to determine whether there is reasonable cause to believe that the Respondent poses a continuing, significant threat of harm to the health, safety, and welfare of others or to the IYRS community, and whether interim measures are necessary to alleviate or mitigate that risk. Additionally, the Manager of Student Services or designee will review the allegation(s) to determine whether it was made in good faith and whether there is sufficient information to institute the Student Grievance Process.

If the Manager of Student Services or designee determines that the allegation(s) was made in good faith and there is sufficient information to institute the Student Grievance Process, the Respondent will be required to meet with the Manager of Student Services or designee for a Preliminary Meeting. In cases involving sexual misconduct, relationship violence or other crimes of violence, the Complainant will be invited to attend a separate Preliminary Meeting during which the Complainant will be provided with complete information about the Student Grievance Process. For more information about a Complainant’s rights in cases involving sexual misconduct or relationship violence, please see IYRS’ Sexual Misconduct and Relationship Violence Policy.

Preliminary Meeting

At the Preliminary Meeting, the Respondent will be provided with information about the Student Grievance Process and the potential sanctions that may be imposed if the student is found responsible for the behavior.

At the conclusion of the Preliminary Meeting, the Respondent may: (I) admit responsibility and execute a written Waiver of the Student Grievance Process (at which point the Respondent will be assigned a sanction(s) and the Student Grievance Process will be concluded); or (II) request that the alleged violation(s) be adjudicated in accordance with the Student Grievance Process. A Respondent who executes a written Waiver of the Student Grievance Process is not entitled to an appeal.

The Student Grievance Process constitutes the institution’s formal student grievance process. IYRS does not have an informal student grievance process and mediation is not available.

If the Respondent fails to appear at the Preliminary Meeting after proper notification, the Manager of Student Services or designee may place a conduct hold on the Respondent’s records, or proceed with the Student Grievance Process without the Respondent’s participation.

Investigation and adjudication

If the Respondent requests that the alleged violation be adjudicated in accordance with the Student Grievance Process, the Manager of Student Services or designee will appoint an investigator(s). The investigator will conduct an investigation, issue a finding regarding responsibility and assign sanctions if necessary. The Manager of Student Services or designee will have the discretion to appoint an internal investigator(s) or an external investigator(s).

Investigation

IYRS will ensure an adequate, reliable and impartial investigation of all complaints alleging violations of the Code of Student Conduct. The investigation will include interviews with the Respondent (and the Complainant if the allegation(s) involves sexual misconduct, relationship violence or other crimes of violence), relevant witnesses, and a review of any other relevant evidence (including text messages and other social media) if applicable. The investigator will determine, in the investigator’s sole discretion, what information is relevant. Character evidence will not be considered; and pattern evidence (evidence of previous conduct) will only be considered if the previous conduct is so substantially similar to the conduct cited in the instant matter to indicate a pattern of behavior. Additionally, medical and counseling records are privileged and confidential. Therefore, those records will not be required to be disclosed.

In cases involving sexual misconduct, past sexual history will typically not be considered except possibly where consent is at issue. Specifically, prior consensual sexual activity between the Complainant and the Respondent, while not determinative, may be relevant to determining whether consent was sought and received. Past sexual history may also be considered under very limited circumstances, for example, to explain injury. However, consent to one sexual act will never be considered to constitute consent to another sexual act.

At the conclusion of the investigation, the investigator will complete an Investigation Report.

Investigation Report

Once the Investigation Report has been completed, the investigator will schedule a meeting with the Respondent (and with the Complainant if the allegation(s) involves sexual misconduct, relationship violence or other crimes of violence) to review the Investigation Report. The Respondent (and the Complainant if the allegation(s) involves sexual misconduct, relationship violence or other crimes of violence) will have the opportunity to respond to the investigator in writing, within three (3) business days after reviewing the Investigation Report, to offer additional comments, clarify information previously shared, suggest additional witnesses, or identify any other relevant information or evidence to assure the thoroughness and sufficiency of the investigation. If, in the sole discretion of the investigator, no further inquiry is required, the investigation will be deemed complete and final. If, in the sole discretion of the investigator, further inquiry is necessary, the investigator will follow up on the information before finalizing and completing the investigation.

Adjudication and Sanctions

Once the investigation is deemed by the investigator to be complete and final, the investigator will make a finding of “Responsible” or “Not Responsible” for each alleged violation. The investigator will also issue sanction(s) for each “Responsible” finding. The investigator may consider prior violations of the Code of Student Conduct for which the Respondent was found Responsible only when determining what sanction(s) to impose.

Notice of Outcome:

Once the investigator has determined the sanction(s), the investigator will provide the Respondent (and simultaneously to the Complainant, in cases involving sexual misconduct, relationship violence or other crimes of violence) with a written Notice of Outcome, which will include the finding(s), rationale and sanction(s) (if applicable).

Appeal

The Respondent (and the Complainant in cases involving sexual misconduct, relationship violence or other crimes of violence) has the right to appeal and participate in the appeal process if: (1) the Student Grievance Process was not followed; (2) new (material) evidence has come to light, which was not reasonably available prior to the investigator issuing the Notice of Outcome; and/or (3) the sanction(s) is clearly contrary to the weight of the evidence.

Requests for appeal must be submitted in writing to the Manager of Student Services or designee within three (3) business days following delivery of the Notice of the Outcome. Appeals are heard by the Chief Operating Officer or designee and will be strictly limited to the grounds for appeal outlined above. The Chief Operating Officer or designee is an impartial decision-maker and will conduct the appeal in an impartial manner.

If the appeal is denied, the matter will be closed, and the investigator’s decision will be final. If the appeal is granted, the Chief Operating Officer or designee may: (1) remand the case for a new investigation (the results of the new investigation, including the finding(s) and sanction(s) will be final and not subject to further appeal); or (2) make modifications to the sanction(s) imposed. The Chief Operating Officer or designee will provide written Notice of Outcome of the Appeal to the Respondent (and simultaneously to the Complainant, in cases involving sexual misconduct, relationship violence or other crimes of violence) within a reasonable period of time. The decision of the Chief Operating Officer or designee regarding the appeal will be final.

Timeframe for the Student Grievance Process

IYRS will make its best efforts to complete the Student Grievance Process (including the investigation and appeal process) within sixty (60) days of receipt of the Complaint. However, because the length of investigations may vary due to the complexity and unique factors of each case, the timeframe outlined herein may be extended for good cause to ensure that the Student Grievance Process is prompt, but also fair and impartial. The Respondent (and the Complainant in cases involving sexual misconduct, relationship violence or other crimes of violence) will be provided with periodic status updates as necessary.

Law Enforcement

IYRS will comply with law enforcement requests for cooperation. Such cooperation may require IYRS to temporarily suspend an investigation, for a short period, while law enforcement gathers evidence. IYRS will promptly resume its investigation as soon as it is notified by law enforcement that its evidence gathering process is complete.

Confidentiality

IYRS will keep all complaints and investigations private to the extent possible, and information will be disclosed only on a “need to know” basis. It is the expectation of IYRS that all individuals involved in the Student Grievance Process will also maintain confidentiality and share information only on a “need to know” basis. However, individuals are not restricted from discussing and sharing information related to complaints made by or against them with others who may support or assist them in presenting their case in the Student Grievance Process.

Requests for Anonymity or No Action

If the Complainant requests anonymity or asks IYRS not to take any action, IYRS will strongly consider the Complainant’s request. However, in certain circumstances, IYRS may not be able to grant the Complainant’s request due to various factors, including when there is a risk of imminent harm to an individual or others or a threat to the health and safety of the IYRS community.

Conflicts of Interest

The Respondent (and the Complainant if the allegation(s) involves sexual misconduct, relationship violence or other crimes of violence) may notify the Manager of Student Services or designee in writing if there is a concern that the investigator assigned creates a conflict of interest. The Manager of Student Services or designee will make adjustments only if a substantiated conflict of interest exists.

Confrontation/Cross-Examination

If applicable, the Complainant and the Respondent will always be interviewed separately, and will never be required to attend any meetings together. Additionally, the Complainant and Respondent will not be permitted, at any point during the Student Grievance Process, to confront or cross-examine each other.

Retaliation

Retaliation is prohibited against any individual who reports a complaint or participates in the Student Grievance Process.