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    The Culinary Institute of America
   
 
  Oct 24, 2017
 
 
    
2016–2017 Student Handbook—Texas campus [ARCHIVED]

Student Code of Conduct



The Culinary Institute of America (CIA) strives to provide a quality of life and an environment that helps students grow both personally and professionally. The CIA requires students to conduct themselves in ways that exemplify the mission statement of the college. The Student Code of Conduct promotes the necessary order, safety, and security of the college community and safeguards the individual and collective rights of everyone on campus. Actions by individuals or groups that interfere with the orderly functions of the CIA or actions that endanger any member of the college community will not be tolerated.

Article I: Judicial Authority

  1. The associate vice president and dean of student affairs in New York, director of education in California, director of education in Texas, managing director in Singapore, or their appointed designee(s) have judicial authority to assess penalties and sanctions found in Article III, Section B in accordance with this code. Reported violations may be referred to other conduct officers or offices for resolution.
  2. Any member of the CIA community may report violations of the code directly to one of the individuals outlined in Article I, Section A or to any appropriate faculty or staff member. Violations of the code will also be considered when information is provided from one who is not a member of the college community.
  3. Appeal: See Article III, Section A (3).

Note: Violations involving harassment, discrimination, or sexual misconduct must follow the process outlined in the Harassment, Sexual Misconduct, and Discrimination Policy  to address, adjudicate, and appeal such violations.

Article II: Jurisdiction and Proscribed Conduct

A. Jurisdiction of the CIA

The Student Code of Conduct is applicable to a student from the time of enrollment through the awarding of a degree and applies to all behavior while on any CIA campus; during CIA-sponsored program(s), trips, or events; at off-campus educational activities; and during externship or intersession periods. Arrest for criminal activity on or off campus may also affect a student’s status. Any student who engages in conduct contrary to the CIA’s Student Code of Conduct either on or off a CIA campus may be subject to disciplinary action. When a violation of a standard of conduct occurs in a classroom, the student may be subject to sanctions under academic policies and/or the Student Code of Conduct. The code of conduct remains in effect in situations in which a student withdraws from the CIA while a disciplinary matter is pending.

B. Conduct: Rules and Regulations

Violations of the code include, but are not limited to, the behavior outlined below. The administration may, at its discretion, bring charges against any student who conducts himself or herself in violation of the CIA’s rules or regulations. Any student found to have committed the following misconduct is subject to the disciplinary sanctions outlined in Article III, Section B:

Section 1: Endangering Behavior. Verbal or physical conduct or any form of retaliation that threatens or endangers the health or safety of oneself or others, whether actual or implied, or results in personal injury to oneself or others.

Section 2: Weapons or Contraband. Illegal or unauthorized possession or use of any type of firearms, including but not limited to BB or other pellet/air guns, paintball guns, explosive fireworks, martial arts weapons, combustibles, open flames, or knives (except for small pocket knives and knives specifically required by the CIA for laboratory classes) or the possession of any other weapon or instrument which could be used to inflict injury, or that might cause a person to believe he or she may be in danger of being harmed.

Section 3: Drugs. The possession, solicitation, sale, distribution, or use of any illegal drugs or substances on campus, even in cases where a student may have a medical prescription for the use of such drugs or substances (medical marijuana); the possession of drug-related paraphernalia (e.g., bongs, pipes, syringes) or the use of hookahs; the use of legal substances in an illegal manner; being in the presence of paraphernalia or anyone using illegal drugs or legal substances in an illegal manner; or arrest for drug-related activity on or off campus.

Section 4: Damaging CIA Reputation. Behavior, on or off campus, that would tend to damage the reputation of the CIA or its students, or that may cause any injury or hardship to anyone. 

Section 5: Theft/Unauthorized Use. Attempted or actual theft of CIA property or property of a member of the college or local community. This includes theft of services or unauthorized use of CIA property, equipment, facilities, or services.

Section 6: Vandalism or Misuse of Property. Vandalism, defacement, or misuse of, or damage to, any part of CIA premises/property or the personal property of any member of the college community.

Section 7: Violation of Law. Violations of any federal, state, or local law or regulation. This includes, but is not limited to, students working in CIA restaurants accepting tips, or incidents off campus. These may result in prosecution and sanctions by civil authorities. However, violations which adversely affect the interests and reputation of the CIA may result in disciplinary action being taken against any student by the college itself, independently of civil authorities. (Please refer to Article II, C, for additional information.)

Section 8: Alcohol. Violation of the campus Alcohol and Drug Policy , including, but not limited to, the following:

  1. Consuming alcohol in a public or communal area (e.g., parking lots, gazebos, athletic fields, halls, lounges, kitchens, alcohol-free CIA-sponsored events, etc.)
  2. Providing someone under 21 with alcohol.
  3. Consumption of alcohol by a student under 21.
  4. Possession of alcohol by a student under 21.
  5. Engaging in inappropriate behavior involving alcohol.
  6. Possession of, or being in the presence of, a beer keg/tap system, or drinking games (e.g., beer pong, flip cup, funneling).
  7. Consuming or possessing an excessive amount of alcohol (not to exceed twelve 12-ounce containers of beer or pre-mixed beverage alcohol [144 oz], or two 750ml bottles of wine, or one-fifth of distilled alcohol) per resident. Guests may not bring additional alcohol that would exceed the permitted amount for a resident.
  8. Students over 21 may not be present in a room with a person under 21 if there is alcohol in the room. The exception is if one roommate is under 21, as long as both roommates are the only two people in the room at the time the alcohol is present.
  9. Students over 21 may not consume alcohol if there is a person under 21 present.
  10. Students under 21 may not be present in a room if there is alcohol in the room except if one roommate is over 21 as long as both roommates are the only two people in the room at the time the alcohol is present.
  11. Hosting a party (defined as more than permitted by fire code) in campus housing in which alcohol is present.
  12. Possession of empty containers of alcohol and brands of “low/no” alcohol malt or wine beverages by a student under 21.
  13. Other violations of alcohol policies not outlined within this code.

Section 9: Fire Safety System. Tampering with or damaging any mechanism that is part of the fire alarm or fire suppression system (fire extinguisher, smoke detector, sprinkler, etc.), including willfully, or through negligence, causing a fire alarm to sound, or failing to immediately evacuate the building when an alarm sounds; and willfully or maliciously causing a fire. The violations listed above are very serious, potentially endangering all campus residents. Thus, sanctions can include fines as high as $2,000, expulsion from the college, and additional arrest, prosecution, and possible imprisonment by civil authorities.

Section 10: Providing False Information. Furnishing false information to the CIA or making false statements or false reports to CIA officials; engaging in forgery, alteration, or improper use of any CIA record, key, identification card, or other document; or withholding information a student knew or reasonably should have known to disclose to the college, or information which has been requested by a member of the CIA community who is authorized to request such information. The use of false identification is a crime under state law.

Section 11: Failure to Comply. Failure to comply with directions of, or interference with, any CIA official, faculty member, or staff member, including the failure to properly identify oneself or to produce an identification card when requested to do so; failure to complete required programs as assigned.

Section 12: Housing/Residence Hall Violations. Violation of the Residence Hall License Agreement or code of conduct violations found within this code whether the student is present or not present in his/her CIA contracted or controlled housing, including, but not limited to, the following:

  1. Possession of contraband items (e.g., official street signs, CIA furniture, dishware, etc.) prohibited by law or CIA policy; the presence of such items in a student’s room is considered possession.
  2. Violation of guest policy.
  3. Violation of quiet hours and/or disturbing others during non-quiet hours both inside and/or outside of housing.
  4. Unauthorized alterations of a room including painting, construction of lofts, or installing hooks in the ceilings or walls.
  5. Possession of pets not otherwise permitted by the CIA.
  6. Unauthorized refrigerator or microwave.
  7. Failure to attend a mandatory meeting.
  8. Violation of a CIA policy by a guest (student hosts are responsible for ensuring their guests’ compliance with CIA policy).
  9. Violation of Residence Hall Fire Safety regulations.
  10. Having a dart board with steel-pointed darts in campus housing.
  11. Improper disposal of trash and recycling including, but not limited to, accumulation of bottles, boxes, trash, or other debris.
  12. Failure to prepare room for incoming student(s).
  13. Participating in hall or courtyard sports.
  14. Unauthorized room change, failure to complete scheduled room change, or occupying both sides of the room.
  15. Failure to follow proper check-out procedures.
  16. Tampering and/or damage to window or door screens.
  17. Engaging in commercial activities in a residence hall or solicitation on behalf of an outside party, such as distribution or posting of leaflets or flyers
  18. Failure to follow proper closing policies for approved college breaks including, but not limited to, summer, winter, or spring (for bachelor’s students) breaks
  19. Failure to maintain appropriate cleanliness in your housing or bathroom
  20. Other violations of Residence Life policies not outlined within this code

Section 13: Dress Code. Violations of the Professionalism, Uniform, and Hygiene Policy in the CIA Academic Catalog.

Section 14: Unprofessional Conduct. Unprofessional conduct, including, but not limited to, the use of foul language, insulting behavior, or other personal conduct (such as spitting in public areas, or discarding cigarette butts or litter on the ground, in wooded areas and ponds, or otherwise not in proper receptacles) that would tend to demean the reputation of CIA students, staff, faculty, visitors, or guests; failure to honor part-time or volunteer work commitments  to CIA departments or to attend scheduled job interviews arranged through the Office of Career Services.

Section 15: Obstruction. Participation in a campus activity or demonstration which disrupts the normal operations of the CIA and infringes upon the rights of other members of the college community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area; or intentional obstruction which unreasonably interferes with freedom of movement, either pedestrian or vehicular, on campus. Students are encouraged to work with the Student Government Association or CIA administration regarding campus policies and procedures.

Section 16: Computer or Phone Violations. Theft or other abuse of computer time or phone service including, but not limited to, the following:

  1. Unauthorized entry into a file for any purpose, including to use, read, or change its contents
  2. Unauthorized transfer of a file
  3. Unauthorized use of another person’s identity, password, and/or personal access code number.
  4. Use of computing facilities to interfere with the work of another student, faculty member, or college official
  5. Use of computers or personal electronic devices to send inappropriate messages
  6. Use of computing facilities to interfere with normal operation of the CIA computing system
  7. Fraudulent use of phone service

Section 17: Building Access. Tampering with, damaging, or compromising any equipment that is part of the door access system or campus surveillance system (doors, card readers, locks, closed-circuit TV cameras, etc.). These systems are in place to help protect the safety and security of all residents. The college considers violations of Section 17 to be the equivalent of “breaking and entering” as defined in most criminal codes. Students are cautioned to not allow access to residence halls by any person that they do not know personally. Immediately report all suspicious persons or activities to Campus Safety or Security. This includes, but is not limited to, the following:

  1. Improper entry into a building without permission, or without using properly issued keys or ID card access
  2. Improper use of an access card (your own or one belonging to another person)
  3. Propping open a door to prevent it from closing and/or locking properly
  4. Forcing open a door or window through any means other than through proper use of a door access card or key

Section 18: Impeding the Conduct Process. Abuse of the conduct process including, but not limited to, the following:

  1. Failure to respond to a summons of a CIA official
  2. Falsification, distortion, or misrepresentation of information during a conduct meeting
  3. Disruption or interference with an orderly conduct proceeding
  4. Initiating a conduct proceeding without just cause
  5. Attempting to discourage an individual’s proper participation in, or use of, the conduct process
  6. Attempting to influence the impartiality of a CIA official prior to, and/or during, the course of the conduct proceeding
  7. Engaging in inappropriate verbal or physical conduct towards a CIA official prior to, during, and/or after a conduct proceeding
  8. Failure to comply with the sanction(s) imposed under this code
  9. Actually influencing or attempting to influence another person to commit an abuse of the conduct process

Section 19: Campus Policy Violations. Violation of any college policy not outlined in this code, including, but not limited to: Harassment, Sexual Misconduct, and Discrimination Policy ; Campus SaVE Act Addendum ; and Hazing Policy .

C. Violations of Law and CIA Discipline

  1. If a student is charged with an off-campus violation of a federal, state, or local law or regulation, but not with any other violation of the Student Code of Conduct, disciplinary action may be taken and sanctions imposed for misconduct that demonstrates a disregard for the college or local community.
  2. The CIA’s disciplinary proceedings may be instituted against a student charged with violation of a law or regulation that is also a violation of this code. Proceedings under this code may be carried out prior to, simultaneously with, or following any civil or criminal proceedings off campus.
  3. When a student is charged by federal, state, or local authorities with a violation of law, the CIA 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 under this code, however, the college may advise off-campus authorities of the existence of this code and of how such matters will be handled within the CIA community. The college will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators. Individual students and faculty members, acting in their personal capacities, remain free to interact with government representatives as they deem appropriate. The CIA reserves the right to defer or pursue any disciplinary proceeding during a related criminal or administrative proceeding.

D. Amnesty from Drug, Alcohol, and Other Conduct Violations

The health and safety of the CIA community is of utmost importance. The CIA recognizes that students who have been drinking and/or using drugs (whether such is voluntary or involuntary) at the time that violence, including, but not limited to, domestic violence, dating violence, stalking, or sexual assault, occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The CIA strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to CIA officials. A bystander acting in good faith or a reporting individual acting in good faith who discloses any incident of domestic violence, dating violence, stalking, or sexual assault to CIA officials or law enforcement will not be subject to the CIA’s code of conduct for violations of alcohol and/or drug use policies occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault.

In addition to amnesty for alcohol and drug violations, an individual who participates in good faith as a complainant, a witness in an investigation, or a bystander in relation to an incident of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for any violation of the institution’s student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.

Article III: Judicial Policies

A. Charges and Hearings

  1. Any member of the CIA community may file charges against any student for misconduct. Charges will be prepared in writing and directed to an appropriate CIA official/conduct officer. Any charge should be submitted within 30 calendar days of the realization and/or discovery of the alleged violation, exclusive of holidays. This time limit does not include charges as a result of criminal acts that involve off-campus law enforcement authorities or if existing laws prohibit this time limit.
  2. An assigned conduct officer will direct an investigation to determine whether the charges merit sanctions. The finding of violations is rendered on the basis of common sense or preponderance of evidence, where a reasonable belief exists that a violation has occurred and is deemed sufficient to issue sanctions. If this is found to be the case, the conduct officer will issue a finding and/or sanction. The college does not operate under the auspices of “beyond a reasonable doubt.” This legal precept is reserved for the criminal courts of the local, state, and federal judicial systems. No college official can promise that discipline will be overlooked if a student cooperates with the official or provides any additional information when asked. Cooperation from students is expected, but disciplinary sanctions are consistent according to the particular violation, severity, and past practice. All decisions related to a charge or charges against a student will be presented to the accused student in writing
  3. Appeals
    1. A decision reached by a conduct officer may be appealed by the adjudged student(s) within three days, exclusive of holidays or breaks, of the issuance of the sanction. Such appeals must be in writing.
    2. An appeal officer(s) will decide whether an appeal will be granted. If the appeal is not granted, the student can take no further action to amend the sanction unless the sanction includes loss of campus housing, suspension, or expulsion from the college. In such cases only, the student may file a written appeal of the appeal officer(s) recommendation to the associate vice president and dean of student affairs in New York or designee, the final step in the appeal process.
    3. There are three justifications upon which an appeal will be considered. If a student fails to justify the appeal, it may be denied without review. An appeal officer(s) will decide whether or not one or more of these criteria have been met:
      1. The decision reached regarding the adjudged student was based on substantial evidence, that is, whether the facts of the case were sufficient to establish that a violation of this code occurred and the adjudged student committed the violation.

      2. The procedures were properly followed.

      3. New evidence is available to alter the original determination.

    4. If an appeal request is accepted, a student(s) will be notified of the date, time, and place of the scheduled appeal proceeding. If the student fails to appear, the evidence in support of the findings will be presented, considered, and adjudicated in the student’s absence.
    5. Written warnings, residence hall closing violations, and administratively issued demerits for not completing a required educational program cannot be appealed.
  4. An appeal officer is empowered to recommend to the original conduct officer the elimination or alteration of the findings previously decided. The conduct officer will review the recommendation(s) made by the appeal officer and either uphold the findings or make changes. Any amended findings will be sent to the student appellant in writing.
  5. An appeal proceeding will be conducted by an appeal officer and/or the associate vice president and dean of student affairs or designee according to the following guidelines:
    1. Unless otherwise provided in this code, an appeal proceeding will be conducted in private. No one outside the appeal officer or board, with the exception of a faculty, staff, or student observer, will be allowed to be present at the hearing without the consent of the appeal officer. No one may inspect the records of the appeal officer. The presence of an observer is a courtesy extended by the appeal officer at the request of the adjudged student.Therefore, it is not mandatory that an observer attends an appeal proceeding. The observer will be allowed to ask questions for clarification purposes only but will not be allowed to participate in appeal deliberations.
    2. At an appeal proceeding involving more than one adjudged student, the appeal officer, at his or her discretion, may conduct the proceeding concerning each of the students separately.
    3. The adjudged may have access to evidence, upon review of the CIA, that supports the charges and conduct officer’s findings as long as personally identifiable information of other students is not compromised.
    4. The adjudged has the right to be accompanied by an advisor, at his or her own expense. The adjudged is responsible for presenting his or her own case and, therefore, advisors are not permitted to speak or to participate directly in any proceeding before an appeal officer(s). Attorneys are permitted to serve in the role of an advisor only in instances where a criminal charge has been filed against the accused student.
    5. The adjudged will have the opportunity to challenge any appeal officer prior to the commencement of the proceeding whom he or she believes may be prejudiced about his or her case.
    6. The adjudged will have the right to present witnesses, subject to the right of cross examination by an appeal officer(s).
    7. Pertinent records, exhibits, and written statements may be accepted as evidence for consideration by an appeal officer.
    8. All procedural questions are subject to the final decision of the assigned appeal officer.
    9. After the appeal proceeding, an appeal officer(s) will determine, by majority vote if applicable, to uphold the conduct officer’s findings or recommend a modification to those findings.
  6. Any record, written or otherwise, of the appeal proceeding is considered sole property of The Culinary Institute of America.
  7. An adjudged student will be presented with the outcome of the appeal in writing.

B. Sanctions

  1. The following sanctions may be imposed upon any student found to have violated this code or as interim measures. Any combination of sanctions listed in this section may be imposed for any single violation.
    1. Warning: Verbal Warning: A verbal warning may occasionally be given to allow a student to correct a violation in a timely manner.
    2. Written Warning: A notice in writing informing the student that he or she is violating or has violated college regulations, and warning that repeat violations will result in more severe disciplinary sanctions. 
    3. Demerits: One to 12 demerits may be assessed for verified violations of this code. A student is subject to suspension or expulsion from the CIA for an accumulation of 12 demerits within a 12- month period. Demerits may disqualify a student from becoming a resident assistant, participating in the Manager-in-Training (MIT) Program, living in specific residence halls, participating in intercollegiate athletics, or holding certain student offices.
    4. Probation: Probation for a designated time may be assigned. Probation may include certain specific directives that the student is instructed to follow, a warning that additional sanctions may be assigned for further violations, and a signed behavioral contract agreement. An accumulation of nine demerits will result in a period of probation.
    5. Loss of Privileges: There may be a denial of specified privileges for a designated period of time. This includes, but is not limited to, any and all privileges pertaining to campus housing, operating and parking motor vehicles, campus visitation, student employment, or use of any campus facility or service.
    6. Fines: Fines may be assessed. The amount will reflect the degree of seriousness of the violation. All fines are considered legitimate debts to the CIA, and non-payment may result in any of the stated penalties, prevention from continuation in classes, and/or prevention from attending the graduation ceremony, receiving the diploma, and receiving copies of student transcripts and records. Fines are usually given in addition to demerits during the student’s last nine weeks at the college.
    7. Restitution: Compensation for loss, damage, or injury may be required. This may take the form of appropriate service and/or monetary payment or material replacement.
    8. Community Service: Work assignments for a specified number of hours may be given, and provide a useful service to the college community.
    9. Residence Hall Suspension: There may be a separation of the student from the residence halls for a definite period of time. Students with serious disciplinary records are not permitted to reside in or visit residence halls as deemed appropriate.
    10. Loss of Housing: Permanent separation of the student from the residence halls may occur. Students expelled from the residence halls are not allowed to visit the residence halls or the grounds adjacent to them.
    11. Completion of an Alcohol Education or Rehabilitation Program: Successful completion of an approved alcohol or substance abuse rehabilitation or educational program may be required as a condition for continued matriculation if the violation(s) involves alcohol, illegal drugs, or the abuse or misuse of any legal drugs. The CIA may require drug testing by a treatment facility.
    12. Required Assessment or Educational Sessions: A completed assessment or educational session by a licensed counselor or medical doctor may be required for students exhibiting behavioral concerns that compromise the safety of oneself or others.
    13. Involuntary Separation: Significant concerns regarding health and wellness may require the college to place a student on an involuntary withdrawal or leave of absence, per college policy, until said concern is addressed.
    14. Suspension: Suspension from the CIA is often for 15 weeks to one year, but may be for lesser or greater periods of time. Suspension may take effect immediately and includes suspension from classes, residence halls, and all campus visitations, unless specifically authorized. Any student arrested by the civil authorities and charged with a felony may be immediately suspended from classes, pending further decision by the CIA. Suspension may result in the same loss of privileges as listed under Article III, Section B (1)(c): “Demerits”.
    15. Expulsion: Permanent separation of the student from the CIA. Prior to June 1, 2016, disciplinary “Dismissal” is equivalent to “Expulsion”.
    16. No Contact Orders: No Contact Orders (NCOs) are temporary directives issued by a conduct officer prohibiting communication between or among designated students when, in the judgment of the CIA, there is reason to believe that an order would be in the best interest of all parties. NCOs prohibit all forms of communication between students: direct or indirect, written, electronic, or through a third party. NCOs are not similar to court-imposed orders of protection and do not guarantee that designated parties will avoid sightings or interactions in class, on the campus, or in the local community. In some circumstances, an NCO may restrict a student from parts of the campus where he/she would not have to engage in required academic activities. Measures may be enacted to prevent or limit contact between designated students.
  2. Following are those sanctions that may be imposed upon groups or organizations:
    1. Those sanctions listed above in Article III, Section B (1) (a, b, d, e, g, h, n, o)
    2. Deactivation: loss of all privileges, including CIA recognition, for a specified period of time
  3. NOTE: Other than suspension or expulsion from the CIA, disciplinary sanctions will not be made part of the student’s permanent academic record. All disciplinary sanctions, however, are a part of the student’s confidential record maintained electronically with final oversight by the associate vice president and dean of student affairs. After a period of six years from the student’s date of last enrollment in any degree program, all sanctions—except loss of campus housing, suspension, and expulsion from the college—are removed from the confidential record.

C. Immediate Suspension or Expulsion

Under the following circumstances, the associate vice president and dean of student affairs or a designee may impose a CIA suspension, expulsion, residence hall suspension, or loss of housing.

  1. Immediate suspension or expulsion may be imposed only:
    1. To ensure the safety and well-being of members of the college community or preservation of property
    2. To ensure a student’s physical or emotional safety and well-being
    3. If a student poses a threat of disruption to, or interference with, the normal operations of the college
  2. During a suspension or following an expulsion, students will be denied access to the residence halls, the campus (including classes), and/or all other CIA activities or privileges for which the student might otherwise be eligible, as a CIA official may determine to be appropriate.

Article IV: Interpretation and Revision

  1. Any questions of interpretation regarding this code will be referred to the associate vice president and dean of student affairs or his/her designee for final determination.
  2. This code of conduct will be reviewed on a regular basis under the direction of the associate vice president and dean of student affairs or his/her designee.