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Conduct that violates the Student Conduct Code may also violate state, federal, local or other laws. The administrative investigation of complaints filed in accordance with this procedure is different from a law enforcement investigation. The technical rules of evidence and procedure do not apply. A law enforcement investigation will not take the place of an investigation or disposition of a complaint filed in accordance with this procedure and the results of a law enforcement investigation or adjudication are not determinative of whether an individual is responsible for violating the Conduct Code or any other College rule or regulation. An investigation, adjudication or disposition conducted in accordance with the Conduct Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings. The College will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus or conduct that affects the campus community and such cooperation may require the institution to temporarily suspend the fact-finding aspect of the administrative investigation while the law enforcement agency is in the process of gathering information. Suspensions of investigations typically last from three to ten days but may be extended depending upon the circumstances of each case. The College will promptly resume its administrative investigation as soon as notified by the law enforcement agency that it has completed the evidence gathering process.
Students continue to be subject to federal, state, and local laws while at the College, and violations of those laws may also constitute violations of the code. In such instances, the College may proceed with College disciplinary action under the code independently of any criminal proceeding involving the same conduct and may impose sanctions for violation of the code even if such criminal proceeding is not yet resolved or is resolved in the student’s favor.
Any individual who has imminent concerns for his/her safety is encouraged to call 9-1-1 and/or report those concerns to local law enforcement. Reports of criminal conduct or personal safety concern reports may be made to local law enforcement at:
Campus Security – 304-260-4380 ext. 2250
Martinsburg Police – 304.264.2100
Berkeley County Sheriff’s Department – 304.267.7000
Pursuant to the federal law known as the Jeanne Clery Act (“Clery Act”) (20 USC § 1092(f)), any campus security or law enforcement personnel or College employee who has significant responsibility for student and campus activities (including but not limited to faculty advisers to student groups, coaches and a student activities Associate Dean or designee) who has witnessed or been informed of an alleged incident that constitutes a crime for the purpose of the Clery Act including but not limited to a forcible or nonforcible sex offense or a hate crime, whether a criminal or administrative complaint has been filed, must:
- follow College procedures for making a report for the annual crime statistics report; and
- notify the Title IX/AA/EEO Coordinator so that any applicable administrative, investigative or other resolution procedures may be initiated.
Employees may be obligated to report to law enforcement the fact that an alleged Clery Act Crime has been reported, but the name or other personally identifiable information about the complainant will be provided only with the consent of the complainant, except as may be required or otherwise permitted by law.
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