Student Rights & Responsibilities

Student Right to Know
Student Code Of Conduct
Student Discipline
Student Concerns and Appeals

 

Student Right to Know

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 at www.snow.edu/right2know. 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.

Student Code of Conduct

I. Purpose

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.

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 as well as violations involving off-campus conduct that adversely affect the college community and/or the pursuit of the college's objectives. The Vice President for Student Success 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.

II. Authority and Responsibility

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 Vice President for Student Success. The Vice President for Student Success 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 of an individual student when his/her well-being may be at risk, such as in the case of 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 members, or Student Success staff. They may also want to report the threat or behavior to parents or local police. Snow College will treat as serious any reported threat of violence made by any person toward any member of the college community and follow up as appropriate.

III. Student Rights and Freedoms

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

In compliance with federal laws and regulations (Americans with Disabilities Act (ADA), Title I, Title VI, Title VII, Title IX of the Civil Rights Act or Section 504 of the Rehabilitation Act of 1973, the Age Discrimination in Employment Act), Snow College is an equal opportunity institution providing education and employment opportunities 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.

Snow College does not discriminate on the basis of the aforementioned in employment or its educational programs and activities.

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.

Inquiries concerning the adherence to and application of these regulations should be directed to the following individuals:

Employment and Employees

If you are an employee or potential employee with equal opportunity employment questions, please contact: 

Wayne Squire, Director of Human Resources
(435) 283-7058, Noyes Building, Room 242.

Students

If you are a student or potential student with questions or concerns about discrimination, please contact Student Code of Conduct Officer:
Craig Mathie, Vice President for Student Success
(435) 893-2216, Greenwood Student Center, Room 204.

If you are student or potential student with questions regarding disability, please contact:

Katie Jean Larsen, Accessibility Services Coordinator
(435) 283-7321, Greenwood Student Center, Room 239.

Title IX Compliance

If you are a student, employee, or are otherwise connected with Snow College or any of Snow’s campuses and 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:

Staci Taylor, Snow College Title IX Coordinator
(435) 283-7120, Noyes Building, Room 233.

                                OR

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.

Other Student Rights 
  • The right to reasonably accurate information in advertising, recruitment, and orientation efforts.
  • The right to free and peaceable inquiry, expression, association and assembly.
  • The right to reasonable use of college facilities and services intended for individual educational development.
  • The right to protection against unreasonable surveillance, searches or seizures by members of the college community.
  • The right to establish a college recognized, democratic student government with authority to legislate and administer, within its constitutional jurisdiction and within the limits of the law, normal democratic safeguards against abuse of power.
  • The right to establish a college recognized press and other media, free of censorship and advanced approval of copy or program material, as long as these publications and programs remain within the canons of responsible journalism and the laws and regulations of the college, the Board of Regents, the State of Utah and the United States.
  • The right to expect that all official college student records contain only information reasonably related to the educational mission and goals of the college or the health and safety of the individual and others.
  • The right to protection against unauthorized disclosures of confidential information contained in college records.
  • The right of groups and individual students to distribute literature on the campus in areas generally available to the public, provided that the distribution of such written materials:
    • does not physically obstruct normal pedestrian or vehicular traffic;
    • does not interfere with classes or scheduled meetings;
    • does not damage college property; or
    • does not unnecessarily litter college property. Those who distribute such materials must identify themselves clearly on the  materials distributed.
  • The right to expect the college to provide reasonable space indoors and outdoors for students and their organizations to post notices and posters. Such notices and posters may deal with subject matter including, but not limited to, notices of meetings or events, and expressions of positions and ideas on social or political topics. Designated posting spaces shall be established at appropriate locations throughout the campus with due regard to convenience and aesthetics. All notices and posters must be date stamped by the appropriate office, which may impose reasonable restrictions on time and place.
  • The right to engage in demonstrations as long as the demonstration is not violent and does not disrupt the educational and administrative process of the college or interfere with the rights of other members of the college community. Rules and procedures pertaining to demonstrations are available from the Office of the Vice President for Student Success.
  • The right to expect that procedural due process will be exercised before imposition of disciplinary sanctions.

 

IV. Student Responsibilities

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 Vice President for Student Success. The college’s jurisdiction extends to all admitted or enrolled students while they are present on campus, at college sponsored functions away from campus, or in on campus housing units.

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. Students are responsible for knowing and observing all federal, state, and local laws.

College disciplinary proceedings may be instituted against a student charged with a violation of a law that is also a violation of the Student Code of Conduct. College disciplinary proceedings may proceed regardless of pending court action and may be carried out prior to, simultaneously with, or following civil or criminal proceedings.

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. 

Any student arrested for violating a federal or state law or local ordinance may also be subject to Snow College disciplinary action as determined by the Vice President for Student Success. Students who violate the Snow College Code of Conduct will also be referred to the Vice President for Student Success, who will investigate the offense and will meet with the complainant to determine how the incident will be resolved.

Snow College Drug and Alcohol Free Policy

Snow College has a zero tolerance drug and alcohol policy. The Federal Government enacted the Drug-Free School and Community Act on December 12th 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 free policy: 

Snow College recognizes both the legal and social consideration 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. 

Students who are legally of age to smoke may do so if it does not infringe upon the rights of non-smokers. Smoking is permitted on college grounds, but not in college buildings nor within 25 feet of any building entrance.

Snow College students are responsible for their own citizenship. They are expected to obey all federal and state laws and local ordinances. Students are answerable to law enforcement authorities for law violations.

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, school property, in local communities, or at college-sponsored activities. Any student charged with violating federal, state, or local laws will be subject to Snow College disciplinary action regardless of pending court actions.

Students who violate Snow College’s Drug and Alcohol Policy will be referred to the Vice President for Student Success, who will investigate the offense and will meet with the complainant to determine how the incident will be resolved.        

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

  • email address for this person, Snow College Counseling and Wellness Center, (435)  283-7125, Social Science Building
  • IHC Health Center, (435) 283-4076,  525 North Main, Ephraim
  • Central Utah Counseling (435) 283-4065  or 1-800-658- 8431, 390 West 100 North, Ephraim or (435)896-8236, 255 South Main, Richfield 
  • IHC Sanpete Valley Hospital, (435) 462- 2441, 1100 South Medical Drive,  Mt. Pleasant
  • Gunnison Valley Hospital, (435) 528-7246, 64 East 100 North, Gunnison
  • IHC Sevier Valley Medical Center, (435) 896-8271,1000 North Main, Richfield
Misconduct

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. 

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.

Assault/Battery includes the following activities which are prohibited by Snow College anywhere within the college community including on and off campus housing units:

  • Threatening, attempting or causing injury or bodily harm to an individual.
  • Causing physical contact with another when the person knows or should reasonably  believe that the other will regard the contacts as offensive or unwelcome.
  • Verbal or written assault that is threatening or carries with it the intention to do bodily harm. 

Dating Violence is any violence or physical harm, or threat of violence or physical harm, committed by a person who is or has been in a dating relationship with the victim including any attempt, conspiracy, or solicitation of such. A dating relationship means a social relationship of a romantic or intimate nature, or a relationship which has romance or intimacy as a goal by one or both parties, regardless of whether the relationship involves sexual intimacy. The following factors may be considered in determining if a dating relationship exists: whether the parties developed interpersonal bonding above a mere casual fraternization; the length of the parties’ relationship; the nature and the frequency of the parties’ interactions, including communications indicating that the parties intended to be in a dating relationship; whether, by statement or conduct, the parties demonstrated an affirmation of their relationship to others.

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 making reference 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:

  • Intimidating, threatening, harassing, or violent behavior.
  • Abuse of college administrative processes, individual resources of other students or of college administrators.
  • Engaging in conduct or threatening to engage in conduct that may endanger the health, safety, of any individual.
  • Physical acts, or written statements, gestures, or expressions that communicate direct or indirect threats of harm.
  • Failure to follow medical or other professional advice with resultant need for intervention by others, including emergency medical personnel.
  • Threatening or attempting suicide or other bodily harm.

Disregard for College Authority occurs when students fail to comply with official requests for contact or other direction from college officials performing their duties.

Domestic Violence is a pattern of abusive behavior that is used by an intimate partner to gain or maintain power and control over the other intimate partner. Prohibited Domestic Violence includes any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm, when committed by one cohabitant against another including the offenses listed in Utah Code 77-36-1(4 ) or by a current or former spouse or intimate partner of the victim, a former cohabitant, by a person with whom the victim shares a child in common, or by any other person against an adult or youth victim protected by Utah domestic or family violence laws. Domestic violence can be physical, sexual, emotional or psychological actions or threats that influence another person, including any behaviors that intimidate, manipulate, humiliate, isolate, frighten, coerce or injure someone.

Dress expectations relative to student appearance are high. 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.

Gambling in any form on campus and/or within the college community including on and off campus housing units or at any college sponsored activities 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:

  • Learning activities facilitating the college’s  instructional objectives.
  • Research conducted in support of educational or research programs authorized by the college.
  • Utilization by specifically authorized persons for the administration of the college and its programs.
  • Communications necessary to conduct the purposes of the college and its programs.
  • Communication between faculty, staff, students and others outside the college containing messages or information, the content of which is not in conflict with this policy.

Unauthorized uses of the Snow College Information Technology facilities include:

  • Any utilization infringing on the rights or liberties of another 
  • Illegal or criminal use of any kind.
  • Utilization involving communications, materials, information, data or images prohibited by legal authority as obscene, pornographic, threatening, abusive, harassing, discriminatory, or in violation of any other college policies.
  • Deliberately wasting or overloading computing resources.
  • Displaying obscene material in a computer  lab or other on campus location in a way that potentially places such material in the view  of others beyond their reasonable control.
  • Accessing, viewing, printing, storing, transmit ting, disseminating or selling any, information protected by law or subject to privilege or an expectation of privacy.
  • Utilization that causes or permits materials protected by copyright, trademark, service  mark, trade name, trade secret, confidential or proprietary data and information statutes, or communications of another, to be uploaded to a computer or information  system, published, broadcast, or in any way disseminated without authorization of the  owner.
  • Any attempts to access any resources, features, contents or controls of the information technology facilities that are restricted, confidential or privileged.
  • Intentional or reckless utilization of resources causing damage to or altering the operation, functions or design of the information technology facilities or content.
  • Granting access to persons not authorized by Snow College to any college information  technology facility, either by intentional action such as disclosure of account information or unintentional action such as failure to log off.
  • Commercial, profit motivated or partisan political use not related to college programs.

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 of witnesses or victims happens 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 criminal justice.       

Littering on the grounds and buildings detracts greatly from the campus atmosphere and 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:

  • Misusing authority by virtue of one's class rank or leadership position.
  • Striking another by hand or with any instrument.
  • Using any form of physical bondage.
  • Taking another to an outlying area and dropping him/her off.
  • Forcing another into a violation of the law or policy of the college such as indecent exposure, trespassing, etc.
  • Obscene gestures toward another individual.
  • Having firsthand knowledge that an incident of this type has occurred and failing to report it to appropriate college officials.

Obscene and Abusive Language or any language which is offensive to public taste is discouraged and could be grounds for disciplinary action under this code of conduct.

Retaliation is prohibited at Snow College. Retaliation is any adverse action (including intimidation, coercion, threats or harassment) taken against a person for participating in the Title IX complaint or any other complaint process including a person who has filed a complaint or provided information. This includes college officials pertaining to their duties.  Examples of prohibited retaliation include:                                          

  • Contacting a student or college official to complain about their actions relative to a conduct investigation
  • Contacting a person to try to coerce them into changing their testimony
  • Threatening a student or college official for reporting an alleged act of assault or providing information                                    
  • Threatening a person if they do not change their testimony                                                             
  • Encouraging or permitting friends to harass a person, e.g. chanting "liar" to the person on campus                                                                              
  • Following or having friends follow a person around campus
  • Encouraging others to shun a person

Sexual Misconduct is Dating Violence, Domestic Violence, Sexual Harassment, Sexual Assault, Nonconsensual Sexual Contact or Intercourse, Sexual Exploitation or other sexual offenses as defined by Utah law including Chapter 5, Part 4 of Title 76.

Sexual Harassment is unwelcome conduct of a sexual nature such as unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal or physical conduct of a sexual nature on or off campus, when: (1) submission to such conduct is made either explicitly or implicitly a condition of an individual’s employment or academic standing; or (2) submission to or rejection of such conduct is used as the basis for employment decisions or for academic evaluation, grades, or advancement; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating or hostile academic or work environment. Sexual harassment may be found in a single episode, as well as in persistent behavior. Both men and women are protected from sexual harassment, and sexual harassment is prohibited regardless of the sex of the harasser.

Sexual Violence is a form of sexual harassment and refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.

Sexual Exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or for the benefit or advantage of anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses.  Examples of sexual exploitation include, but are not limited to:                  

  • Invasion of sexual privacy;
  • Prostituting another person;
  • Non-consensual video or audio-taping of sexual activity;
  • Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);
  • Engaging in voyeurism;
  • Knowingly transmitting an STI or HIV to another person;
  • Exposing one's genitals in non-consensual circumstances;
  • Inducing another to expose their genitals.

Sexual Assault is defined as any intentional sexual contact, touching, or sexual relations that occur without consent and/or by force or coercion. This includes aiding, abetting or encouraging such activity. 

Non-Consensual Sexual Contact is defined as any intentional touching for sexual gratification (including intentional contact with the breasts, buttocks, groin, or genitals, including touching another with an object or any of these body parts, or making another touch you or themselves), however slight, by a man or a woman upon a man or a woman that is without consent and/or by force. 

Non-Consensual Sexual Intercourse is any sexual intercourse by a man or woman upon a man or a woman that is without consent and/or by force. Intercourse includes: vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.                                                              

Consent:  Sexual activity requires consent, which is defined as positive, unambiguous, and voluntary agreement to engage in specific sexual activity throughout a sexual encounter. Consent cannot be inferred from the absence of resistance or the absence of a “no”; a clear “yes,” verbal or otherwise, is necessary.  Consent to some sexual acts does not constitute consent to others, nor does past consent to a given act constitute present or future consent. Consent must be ongoing throughout a sexual encounter and can be revoked at any time. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another person. Consent cannot be obtained by threat, coercion, or force. Agreement under such circumstances does not constitute consent.

Consent cannot be obtained from someone who is asleep or otherwise mentally or physically incapacitated, whether due to alcohol, drugs, or some other condition.  A person is mentally or physically incapacitated when that person lacks the ability to make or act on considered decisions to engage in sexual activity. Engaging in sexual activity with a person whom you know – or reasonably should know – to be incapacitated constitutes sexual misconduct.

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 sexual harassment or sexual assault may seek support and assistance at the college’s Counseling and Wellness Center, Room 107 of the Social Science Building, 283-7136.

Smoking in campus buildings violates the Utah Indoor Clean Air Act, as well as rules and regulations governing college facilities and is prohibited. Students and others must observe the 25 foot no smoking zone around building entrances.

Solicitation and sales by students on campus is strictly forbidden without prior approval from the Vice President for Student Success. Distributing advertising leaflets or handbills or using sound tracks and audio equipment to promote sales on college premises without prior written approval is also prohibited.

Stalking.  A person is guilty of stalking who intentionally or knowingly engages in a course of conduct directed at a specific person and knows or should know that the course of conduct would cause a reasonable person: (a) to fear for the person’s own safety or the safety of a third person; or (b) to suffer other emotional distress. Stalking may take many forms, including following, lying in wait, monitoring, and pursuing contact. Stalking may occur in person or through a medium of communication, such as letters, e-mail, text messages, or telephone calls.

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 Assembly such as a rally, parade, demonstration, or similar activity shall not be held on campus unless organizers receive permission from the appropriate Snow College office at least three days in advance of the event.

Unauthorized Entry 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, whether any law of the United States, the State of Utah or of any local or county ordinances, by a Snow College student while he or she is on the campus of another institution of higher education for a college related activity or on college business will be investigated by Snow College authorities when the governing authorities of the institution request that the college assume jurisdiction over the matter.

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.

When a student is charged by federal, state or local authorities with a violation of law, the college will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also the subject of a proceeding before a judicial body under the code of conduct, however, the college may advise off campus authorities of the existence of the Student Code and of how such matters will be handled. The college will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus, and also with the conditions imposed by criminal courts for the rehabilitation of student violators. Individual students and members of the college community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

Violation of Probation occurs when students on whom penalties are imposed are placed on probation and 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.

Student Discipline

Disciplinary Procedures 

Jurisdiction

Snow College has the responsibility and obligation to prevent and correct misconduct, including sexual violence or other forms of sexual harassment, 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.

  1. College officials are responsible to take necessary steps to maintain a safe environment. Sexual discrimination, harassment, retaliation, intimidation, and coercion against the Impacted Person (person who believes he/she might be the subject of sexual discrimination, sexual harassment, sexual violence, or other sexual misconduct), Respondent (person against whom a complaint is made), witnesses, those conducting the investigation, and anyone else involved in the investigative process is prohibited.
  2. The due process rights of individuals involved in a disciplinary procedure will be protected, including being informed about the alleged misconduct and having a reasonable opportunity to be heard and present information before disciplinary action is taken.
  3. Appropriate interim measures to protect the safety and wellbeing of individuals involved in an investigation and possible subsequent disciplinary procedure may be taken. Interim measures may include temporary no contact order(s), changes in academic schedule(s), housing reassignment(s), counseling, or other relevant actions.
  4. Parties have the right to pursue criminal complaints through Snow College’s Public Safety Department simultaneously with the College’s investigation if they choose to do so.
  5. Decisions in disciplinary procedures are made based on a preponderance of evidence indicating that a Code of Conduct violation occurred.
  6. Confidentiality will be protected as much as possible to respect the privacy of individuals involved in disciplinary procedures. Although confidentiality cannot be guaranteed, it should be exercised by all Parties in all phases before, during, and after appropriate action is completed.
  7. Disciplinary procedures will be conducted in a timely manner.
  8. Title IX involving Parties other than students will be handled by the following according to the status of the Parties involved:
    • College Employee. When the Respondent or Impacted Person is a College employee, the Title IX Coordinator will work with the Director of Human Resources to resolve the complaint.
    • Third Party. When a non-student, non-employee connected to the College observes or experiences an apparent Title IX violation or when a student or employee observes or experiences an apparent Title IX violation involving a non-student, non-employee connected to the College, the Title IX Coordinator will work with all Parties in the resolution process.
Definitions 

An Impacted Person is a person who is directly impacted by the alleged acts of the Respondent. This person may or may not also be the Reporting Party.

A Preponderance of Evidence is the standard of proof required in making an investigative finding as to whether or not a violation of the Student Code of Conduct has occurred. I.e., the evidence demonstrates that it is more likely than not that the violation occurred.

A Reporting Party is a person who makes a complaint.

A Respondent is a person against whom a complaint is made.

A Student Conduct Notice is a written notice sent to an individual by a College official directing the individual to report to the Vice President for Student Success with respect to an alleged violation of the Student Code of Conduct.

The Student Standards Committee is 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.

The Student Standards Committee Chairperson is a person authorized by a College official to recommend action regarding an individual thought to have violated the Student Code of Conduct.

Title IX Violations include alleged sexual misconduct, sexual violence, sexual assault, dating violence, domestic violence, sexual harassment, stalking, or discrimination on the basis of sex or gender.

Disciplinary Process

This procedure applies only to non-academic conduct related issues. Academic related issues are handled separately through the Academic Affairs Office. Where appropriate, a reference to the Vice President for Student Success or Title IX Coordinator includes their designees.

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. All cases of alleged student misconduct shall be referred to the Vice President for Student Success for review, except Title IX violations, where the case shall be referred to the Title IX Coordinator for review.

Within a reasonable period of time, the Vice President for Student Success or the Title IX Coordinator will review the complaint; communicate with the Reporting Party and/or Impacted Person to discuss the allegations, witnesses, and evidence; and conduct an appropriate investigation including, as necessary, obtaining witness testimony or statements and physical evidence. Interim measures may be taken where appropriate. Interim 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 suspended prior to the final outcome of the process if necessary to protect the campus community or prevent serious disruption of the academic process. In such circumstances, the process shall follow the suspension as expeditiously as possible.

Prior to being interviewed about allegations of misconduct, the Respondent will be given notice of the allegations against them.  Notice may be written or verbal and may be given immediately before a student is interviewed regarding the issue described in the notice.  In a situation that may result in expulsion or a minimum 10-day suspension, 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 student wishes to seek counsel from an advisor, the interview will be rescheduled to allow the Respondent reasonable time to obtain an advisor.  During an inquiry, investigation, or other informal process (all events prior to a Student Standards Committee Hearing), an advisor may only advise the student and may not actively participate.

The Vice President for Student Success or the Title IX Coordinator shall give the Respondent an opportunity to be heard, present any pertinent facts, and suggest others who may have pertinent information. Additional investigation may be undertaken.

At any point in the proceedings, and where appropriate, an informal resolution may be agreed upon by all Parties (for example, mutual no-contact orders, restitution for unintentional property damage, educational projects, etc.). This may terminate or suspend further proceedings.

After the matter is investigated, the Vice President for Student Success or the Title IX Coordinator will make a determination based upon a preponderance of the evidence whether a violation has occurred. If a violation has occurred, the Vice President for Student Success or the Title IX Coordinator shall make a determination as to the measures necessary to address the matter. If misconduct sanctions are appropriate, the Vice President for Student Success or, for a Title IX violation, the Title IX Coordinator shall, in consultation with the Vice President for Student Success, set appropriate misconduct sanctions as outlined in the Student Code of Conduct. (See Sanctions section.) The Respondent shall then be notified of the decision in writing and, if there was an alleged Title IX violation, the Impacted Person shall be notified at the same time. The decision shall include findings from the investigation and notify the Respondent and Impacted Person of their right to appeal. Upon request, the Respondent or Impacted Person may review the investigation report (redacted as necessary to comply with FERPA).

Upon receiving the decision in writing, the Respondent or Impacted Person shall have five days to file a written appeal to the Student Standards Committee. A Respondent or Impacted Person who is or was not a part of Snow College’s education community shall not have the right to appeal. 

If a Respondent or Impacted Person chooses to appeal to the Student Standards Committee, he/she must notify the Vice President for Student Success and then follow the procedures for review by the Student Standards Committee. The written appeal request must include the following:

  • Name, address, email, and telephone number of the Appealing Party.
  • The decision being appealed.
  • The disciplinary sanction(s) given.
  • A copy of the decision letter.
  • Circumstances which the Appealing Party feels merit review.
  • Additional evidence the Appealing Party wishes to have considered, including names of persons who may be able to provide additional evidence.
  • Signature.

The College may proceed with the investigative, disciplinary, or appeals processes in a timely fashion without the student if he or she declines 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. 

Student Standards Committee Hearings

The procedure that the Student Standards Committee shall follow in considering all appeals is as follows:

  1. The Committee shall be composed of 3 voting members: 2 members of the administration, faculty, or staff who have received training; and the Vice President for Academic Affairs or, if the VP is unavailable, a designee who has received training. The Parties will be advised of the names of the Committee members prior to the hearing, and any Party may timely object to a member for actual bias. An objection shall be reviewed by the Committee prior to the hearing and a substitute shall be selected if bias is found. Committee members shall also withdraw themselves if they are biased. The Committee members shall select one of their number as Chair to make administrative decisions and conduct the hearing or, in his or her discretion, the President may appoint a non-voting Chair in addition to the 3 voting members who shall make administrative decisions and conduct the hearing. The Chair shall notify the Parties of the hearing schedule and procedures. During all phases of an appeal, a Respondent and an Impacted Person may be accompanied by one support person or advisor.
     
  2. The Committee shall review the written appeal request and the investigation report. Where the discipline which has been assessed is less than a 10-day suspension, the Committee may choose not to hold a hearing, instead meeting with the appealing Party and separately the other Party involved (Respondent or Impacted Person, hereafter “Parties”); hearing from any other witnesses in its discretion; considering any additional evidence submitted by the Parties; and then making a decision. 

    The advisors may be allowed to advocate at the Committee's discretion.  For discipline greater than a 10 day suspension, the committee shall convene a formal hearing.  

  3. Prior to the hearing, Parties shall be notified of the witnesses proposed to be called by the Committee and documents and other real evidence to be considered. Parties will also have the right to request that the Committee request the attendance of students or employees of the College with relevant knowledge and, unless prohibited by reasonable circumstances, each party shall provide to the Committee copies of the documents and other real evidence they intend to submit and a list of witnesses they would like to call during the formal hearing. This information will be shared with both parties. The Committee may limit the number of witnesses and exclude cumulative witnesses and evidence. 

     

  4. A hearing is not to be an adversarial process. Formal rules of evidence do not apply, and the highest level of civility is expected. The Parties shall have the right to be accompanied at the hearing by one support person or advisor of his/her choice who may, but need not be, an attorney.  If an attorney will serve as an advisor, the Committee shall be notified at least 5 working days in advance of the hearing by the Party. The support person/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 statements, but the support person/advisor may actively participate and advocate by: 

    • Giving an opening statement;
    • Questioning witnesses as allowed by the hearing committee chair (or hearing officer).  At the minimum a support person/advisor shall be allowed to submit their questions to the committee chair who, in his or her judgment, may then ask the witness the question, ask the advisor to rephrase the question, disallow the question or ask the advisor to move on to another question or area of questioning.  During questioning, the parties, advisors and committee chair/members shall treat all persons with respect, particularly in matters of alleged sexual assault;
    • Addressing objections to the Chair (although this right may be limited or terminated if in the Chair’s discretion objections become burdensome to the progress of the hearing);
    • Presenting a closing statement;
    • Requesting reconsideration as provided for below.

      The College shall be represented by the investigator or by counsel who will assist in presenting relevant evidence relating to the charge of misconduct. The appeal hearing shall be closed to the public, but a Respondent or Impacted Person may attend. 

  5. The Committee may 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 Chair to be appropriate.
     
  6. At a hearing, the Parties shall have the right to present an opening statement, testimony, witnesses, evidence, written statements, and to give a closing statement. In general, the Committee will first question witnesses (anyone testifying) but a Party will then be allowed to submit further questions for the Committee to ask; direct questioning of a witness may be allowed in the Committee’s discretion except direct questioning of an Impacted Person by a Respondent or Respondent by an Impacted Person will not be allowed. Formal rules of evidence shall not be in effect; any evidence having reasonably probative value as to a relevant fact may be admitted. 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. 
     
  7. At the conclusion of the hearing, the Committee shall commence deliberations in private. The Committee may meet further as necessary to finalize its decision. The Committee shall make its decision based upon the standard that a Respondent is presumed not to have engaged in a Code of Conduct violation until the College has established a violation by a preponderance of the evidence. The Committee shall then submit its written findings of facts and its decision within five days of hearing the Parties’ appeal, unless this time is extended for good cause by the Committee. The Committee Chairperson will provide a copy of the report to the President, the Respondent, the Impacted Person, the Vice President for Student Success, and the Title IX Coordinator in Title IX cases. The Committee may sustain the original discipline, impose new discipline (which may be lesser or greater), or dismiss the matter without penalty. If necessary, the Committee 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 Committee shall then deliberate further and issue its decision.  
     
  8. Within 5 days of the issuance of the Committee’s decision, either Party may request reconsideration of the decision. A Party requesting reconsideration shall submit a concise memorandum specifying any error claimed or new information not previously available. The other Party or the College may submit a concise opposing memorandum. The Committee shall issue a final decision within a reasonable time. The decision by the Committee shall be the final decision of the College.
     
  9. There shall be a record, such as a digital recording, of all hearings before the Committee and it shall be kept in a confidential file in the Office of the Vice President for Student Success, and shall be available for review by the Appealing Party, the Impacted Person, the Respondent or by the College administration for a period of at least two years. The record shall be the property of the College and 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.

 

II. Sanctions

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 would prevent the student to register for future classes until disciplinary sanctions are removed.

  1. Warning - notice in writing to the student that the student is violating or has violated institutional regulations.
  2. Probation - a written reprimand for violation of specified regulations. Probation is for a desig­nated period of time and includes the probabil­ity of more severe disciplinary sanctions if the student is found to be violating any institutional regulation(s) during the probationary period. 
  3. Loss of Privileges - denial of specified privileges for a designated period of time. This would include but not limited to: loss of a specific or all computer privileges, loss of access to any college facility or activity. 
  4. Fines - previously established and published fines may be imposed.
  5. Restitution - compensation for loss, damage or in­jury. This may take the form of appropriate service and/or monetary or material replacement. 
  6. Discretionary Sanctions - work assignments, service to the College or other related discretion­ary assignments (such assignments must have the prior approval of the Vice President for Student Success). 
  7. Residence Hall Suspension - separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
  8. Residence Hall Eviction - permanent separation of the student from the residence halls.
  9. College Suspension - separation of the student from the Snow College for a definite period of time, after which the student is eligible to return. Conditions for read­mission may be specified.
  10. College Expulsion - permanent separation of the student from Snow College.

More than one of the sanctions listed may be imposed for any single violation.

A second violation of the student code of conduct may result in suspension or expulsion from Snow College.

Interim Suspension:

In certain circumstances, the Vice President for Student Success or a des­ignee, may impose a college or residence-hall suspension prior to the hearing before a hearing committee, within a reasonable period of time.

Interim suspension may be imposed only to ensure the safety and well-being of members of the college community or preservation of college property; 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 the interim 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 Vise President or designee may determine to be appropriate.

Other than college expulsion, disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s confidential record. Upon graduation, the student’s confidential record may be expunged of disciplinary actions other than residence-hall eviction, college suspension or college expulsion, upon application to the Office of the Vice President for Student Success. Cases involving the imposition of sanctions other then residence-hall expulsion, college suspension or college expulsion, shall be expunged from the student’s confidential record three years after final disposition of the case. 

The following sanctions may be imposed upon groups or organizations:

  1. Those sanctions listed above (1) through (5)
  2. Deactivation — loss of all privileges, including col­lege recognition, for a specified period of time. 

 

Student Concerns and Appeals

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: 

  1. Office of the Vice President for Student Success, (435) 283-7100 for possible Student Code of Conduct Violations.
  2. Financial Aid, (435) 283-7130 for financial aid problems, appeals, questions, etc.
  3. Registrar, (435) 283-7145 for academic appeals and/or questions.
  4. Scholarships, (435) 283-7150 for scholarship appeals and/or questions.
  5. Residential Life, (435) 283-7280 for on-campus housing problems ONLY. Students living off-campus should work with their off-campus housing managers/owners. 
  6. Title IX,(435) 283-7120 for Title IX complaints and/or questions.

For other questions, individuals may call the Office of the Vice President for Student Success at (435) 283-7100. 

Student Concerns

There are two sources for help with student concerns:

  1. The Vice President for Student Success serves as the Dean of Students and is available to all students who have concerns about their college experience. In this role, the Vice President 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. The Vice President assists students by listening,providing and receiving information, identifying and reframing issues, developing possible options for dispute resolution, and referring students to appropriate resources. The Vice President also tries to help students develop ways to solve problems themselves. The Vice President is committed to helping students impartially and confidentially. Contact the Vice President in Room #204, Greenwood Student Center, phone (435) 893-2216, email email address for this person.

  2. Members of the Snow College Student Council serve as Student Advocates. The Student Advocate's role is to work to identify general student concerns with college policies or procedures, propose solutions, assist students in finding sources of assistance for their concerns with student services, auxiliary services, student government, academic programs or college administration, and participate as a student voice on the Student Standards Committee. Student Advocates also represent student interests on various administrative committees including the Deans Council and the Student Success Council. Student Advocate can be contacted through the Student Life Office on the second floor of the Greenwood Student Center.

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-SAFE

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.

Snow College Disability Discrimination Grievance Procedure

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 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 discriminate 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 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 university 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.