Middlebury Handbook

This section describes the disciplinary process that is normally followed when violations of the Institute’s Student Life and/or other Institute policies are alleged. Where other MIIS policies specify separate processes, those processes will apply. (See, e.g., the Anti-Harassment/Discrimination Policy; the Policy Against Sexual Misconduct, Domestic and Dating Violence and Misconduct, and Stalking; and the Academic Honesty Policy.)

The associate dean of student services (ADSS) or the designees of this administrator issues letters of warning, reprimands, probationary status, or letters of official discipline when it is determined that student life policies have been violated. The ADSS may also issue additional restrictions of the Institute’s privileges, including but not limited to participation in student life activities, clubs, student council or guest privileges, and assign educational sanctions, including but not limited to reparative community service, as appropriate. Students may appeal the issuance of a letter of official discipline by ADSS to the Conduct Judicial Board; they may not appeal unofficial sanctions.

The ADSS may additionally issue sanctions of suspension or expulsion through the Disposition without Hearing process (see Hearing Procedures), as well as other academic sanctions as noted (see Sanctions for Academic Offenses). In the case of suspension or expulsion, the ADSS will consult with the Vice President for Academic Affairs and Dean of the Institute (VPAA/DOI) prior to issuing the sanction. The dean of enrollment, advising and student services may issue sanctions of suspension through the Disposition without a Final Determination process (see Anti-Harassment/Discrimination Policy). The VPAA/DOI and other officials have additional sanctioning authority in emergency circumstances; see the section Institute Initiated Leave of Absence, Emergency Withdrawal, Suspension or Expulsion in the Student Conduct Policy Overview.

Except where other policies designate a different process, the Conduct Judicial Board generally reviews cases in which allegations of non-academic and academic policy violations may result in a sanction of a letter of official discipline, suspension or expulsion, and/or cases that have had an especially broad or negative impact on the community. See “Section B. The Judicial System” for more information on the Conduct Judicial Board.

1. “No-Contact” Orders

When a verbal or physical altercation, sexual misconduct, domestic or dating violence or misconduct, stalking, harassment, discrimination, retaliation, or hazing has been alleged, or when otherwise deemed appropriate under the circumstances, the ADSS or the human relations officers (HROs), have the authority to issue No Contact Orders to the persons involved, whether or not disciplinary action is taken. A No Contact Order is used to restrict encounters and communications between individuals. While a No Contact Order is not a disciplinary sanction, and will not appear on a student’s disciplinary record, refusal to adhere to the order after written or verbal notification of its terms is prohibited and may result in disciplinary action.

2. Legal Proceedings

The Institute’s disciplinary action is distinct from and not dependent upon the outcome of any legal proceedings involving a student, although conduct that forms the basis for legal proceedings may also warrant disciplinary action by the Institute, and conviction of a crime may in itself justify disciplinary action. If the Institute determines that a complaint will not be heard on campus, there may be an avenue for redress through legal action (civil and/or criminal).

The Institute may offer assistance to a student facing civil or criminal legal proceedings by apprising the student of sources of legal counsel, for example, but the Institute will endeavor not to interfere in any such proceedings. Students should also be aware that Institute officials and other students may, like all persons, be compelled to give testimony or evidence if subject to the subpoena power of a court.

While students are enrolled at the Institute, they must inform the Institute of any occasion on which they are charged with a felony by state or federal authorities. Failure to do so may itself result in disciplinary action.

3. Conduct Judicial Board and Other Procedures

All parties will be provided procedural rights as outlined in the section or as outlined in our Policy Against Sexual Misconduct, Domestic and Dating Violence and Misconduct, and Stalking, or Anti-Harassment/Discrimination Policy, as applicable. Alleged violations of the Policy Against Sexual Misconduct, Domestic and Dating Violence and Misconduct, and Stalking and the Anti-Harassment/Discrimination Policy are adjudicated through separate processes; please consult those policies for more information. Since the Institute lacks full judicial authority, such as the power to subpoena or place witnesses under oath, a student's rights cannot be coextensive with or identical to the rights afforded in a civil or criminal legal proceeding. However, the procedures outlined in the section and in the Policy Against Sexual Misconduct, Domestic and Dating Violence and Misconduct and Stalking and the Anti-Harassment/Discrimination Policy are designed to provide fundamental fairness and to protect students from arbitrary or capricious disciplinary action. The Conduct Judicial Board, the ADSS, the HROs and other disciplinary authorities at the Institute shall conduct their proceedings in the spirit of these principles. If exceptional circumstances dictate variation from these procedures, the variation will not invalidate a decision unless it prevented fundamental fairness.