ADMINISTRATION OF STUDENT CODE
3.01 SUPERVISION
The Vice President of Student Affairs (VPSA) shall be primarily responsible for the administration of the student conduct system. The Retention/Student Life Specialist (R/SLS) may work closely with the VPSA in resolving minor disciplinary problems resulting from the violation of regulations regarding student activities. The VPSA will coordinate academic misconduct with the Associate Deans, as stated in the Code.
3.02. INITIATION OF DISCIPLINARY ACTION AND ADMINISTRATIVE DISPOSITION
A. Investigation and Summons. When the Vice President (VPSA) receives information that a student has allegedly violated a published College policy, she/he shall investigate the alleged violation. The VPSA may discuss, consult and advise with the individuals involved and they shall attend such meetings as summoned.
B. Administrative Review. When the student appears before the VPSA, the student shall have an opportunity to relate or explain any facts bearing on the alleged violation. After a fair and impartial assessment, the VPSA shall make a determination of whether a published College policy was violated, and if so, will impose the appropriate disciplinary penalty. The VPSA shall indicate the decision in writing either at the time of hearing or later. The VP also retains the option of referring the case to the Appeals
Committee.
C. Nonacceptance of Administrative Disposition. If the student chooses not to accept the VPSA’s decision, the student has ten (10) consecutive business days after the notification of the decision is mailed in which to file a written appeal to the President.
3.03 TEMPORARY DISCIPLINARY ACTION
A. When Appropriate. In the event the Vice President of Student Affairs or the President has reasonable cause to believe that a student's continued enrollment poses (1) a danger to the safety of the student, other persons, or College property; or is (2) an ongoing threat of disrupting the academic or administrative process, the VPSA or the President may impose any of the disciplinary penalties provided in Section 3.05, pending a hearing. (3) The VPSA may also require the student to undergo counseling and/or an evaluation, at the college’s expense. The VPSA may require this done prior to the temporary discipline or as part of the final sanction.
B. Notice of Temporary Action. Upon the decision to impose the disciplinary action, the VPSA or the President shall notify the student by any expeditious but reasonable means.
C. Hearing. Upon notification to the student of the temporary disciplinary action, the VPSA shall immediately initiate the hearing procedures provided in the Code, and a hearing shall normally be held no later than twelve class days after the temporary disciplinary action was taken.
3.04 HEARINGS
A. Rights of Student in Hearings. Each student who is summoned to a hearing or who is temporarily suspended shall be afforded the right to:
1. Notification in writing of the College policy alleged to have been violated, and of the charges claimed to constitute the violation.
2. Notification in writing of the date, time, and location of the hearing.
3. An advisor (friend, parent, faculty member, etc.,) or legal counsel who may participate in the hearing only upon permission granted by the hearing officer and which can be revoked by this official at any time. Students wishing to have an attorney present must notify the VPSA in writing three full business days in advance. Notice must include the name and address of the attorney, and authorization for the college to release information to the attorney.
4. The presentation of witnesses and other evidence, which must be requested no later than three full business days prior to the hearing. The VPSA may contact these and other witnesses in advance and may request a written or recorded summary of their testimony.
5. A transcript of the hearing, if requested prior to the start of the hearing, the cost of which is to be borne by the student.
6. The exercise of a challenge of the impartiality of the hearing officer prior to the hearing; the hearing officer is to be the sole judge as to impartiality.
7. The student has the right to be present throughout the hearing, except during deliberations. This right may be waived by the student’s failure to attend the hearing.
8. Rights/grounds of appeal; see Section 4.02 of the Code for details.
B. Time of Hearing. When required, a conduct hearing shall be held as soon as practical but no earlier than five class days after the required written notice to the student, unless the student agrees to a more immediate resolution.
C. Notice of Hearing. The VPSA shall give written notice to the student containing the following:
1. A statement of the charges and a brief description of the alleged conduct upon which charges are based.
2. The date, time, and location of the hearing.
3. A reference to this chapter/section, which includes the rights of the student.
4. A statement that the student must provide a list of witnesses, and a description of other expected evidence, pursuant to Section 3.04d. below.
5. Statement referring to the student’s rights in the hearing.
6. The intention of the College to employ legal counsel for the purposes other than advisory.
7. When service is by mail, the proper official shall enclose the notice of charges in an envelope, postage prepaid, and mail the letter by certified mail, return receipt requested, to the student at the student's permanent or local address (as appropriate) as maintained in the Office of the Registrar. NOTE: It is a violation of the Code of Student Conduct for students to not maintain a valid address. When the above steps have been taken, return receipt, whether signed or not, shall be deemed sufficient evidence that the student has been properly served and it shall be presumed that the student has received and read the notice. If faxed to student or student designee (such as an attorney) notation on VP copy shall be sufficient if cosigned by a second party.
8. The VPSA retains the option of notifying the student by email at the address noted on the Registrar database &/or other addresses of which the VPSA has been made aware.
D. General Rules
1. A hearing may be postponed one time by the VPSA for good cause upon written request being filed within three (3) working days prior to the date of the hearing. The length of the postponement, if granted, shall be a reasonable time, as determined by the VPSA.
2. The student may challenge the impartiality of the hearing officer, or any committee member, (if an appeal hearing) at any time prior to the hearing. The hearing officer shall be the sole judge as to whether the specific individual can serve with fairness and objectivity. In the event the member is disqualified, the VPSA or President may choose a substitute, as appropriate. A majority of the committee must be present for an appeal hearing.
3. The hearing officer will govern the procedure to be followed, rule on the admissibility of evidence, and control decorum in the hearing. He /she may freely question any witness.
4. Upon the request of the student, or upon his own initiative, the hearing officer may issue a subpoena or subpoena duces tecum for a witness to appear and testify or produce documents at a hearing. Subpoenas shall be personally delivered or sent by certified mail. Students, staff and faculty who are subpoenaed to the hearing are expected to comply.
5. During the hearing, only the VPSAor the appropriate committee members, the student and the advisor, and the witness currently testifying will be allowed in the hearing room. No witnesses, after testifying, may remain in the hearing room. The hearing officer reserves the right to allow alleged victims to be present throughout the hearing. Key witnesses may be allowed to remain for extended periods to listen and respond to significant testimony or evidence that is presented, at the discretion of the chair. All persons present at the conduct hearing shall treat the matters discussed therein as confidential information not to be disclosed to others. The hearing officer may dismiss any attendee for cause, such as inappropriate behavior.
6. Legal rules of evidence do not apply to conduct hearings. Any relevant evidence shall be admitted, if it is credible and is the sort of information reasonable people would rely upon in the conduct of their decision-making.
7. The student may not be compelled to testify against himself, and the hearing officer and appropriate committees shall presume the student innocent of the charges until he/she is convicted of his culpability by a preponderance of the evidence.
8. The hearing may occur, including judgments and sanctions, regardless of the student's attendance, based on the information and evidence available.
9. During an appeal hearing, the VP and the student may present brief summation arguments. Deliberations will be closed to all but the committee members. The committee may recall anyone they believe pertinent to the deliberations. The final decision of the committee shall be by majority vote. If the decision is one of guilty, the student's past conduct record is to be reviewed when considering penalty assessment.
10. The Appeals Committee shall deliberate and determine whether the student is guilty of violating a published College policy. The Chair of the Appeals Committee shall state in writing the College policy, which was violated, each finding, the acts supporting same, and the penalty to be imposed.
11. The VPSA shall inform the student of the decision, and if a disciplinary penalty has been imposed.
3.05 DISCIPLINARY PENALTIES
A. Nature of Penalties. The following penalties comprise the range of official College actions, which may be taken when a student engages in prohibited conduct. These penalties are not exclusive and may be imposed together with other penalties.
1. Warning: A verbal or written notice to the student that a violation of a published College policy has occurred and that the continuation of such conduct or action could result in further disciplinary action. This becomes a matter of record in the VPSA office.
2. Restricted privileges: Denial or restriction of one or more privileges granted to students. These may be, but are not limited to, the use of an automobile, access to specific areas of campus, dining privileges, visitation privileges, or participation in athletics or other extracurricular activities. The restriction may be imposed only for a definite term.
3. Special project: The requirement that the student complete a special project, which may be, but is not limited to, writing an essay, attending special courses, community service, lectures, or counseling sessions. The special project may be imposed only for a definite term.
4. Restitution: Paying for physical or property damage, losses, or misappropriation, either monetarily or by the performance of specific duties.
5. Fines: In addition to or in lieu of other sanctions, the hearing may impose fines for each specific violation in accordance with the following maximums: Direct Administrative Action - $150.00; Student Conduct Appeals Committee - $250.00. Should the hearing body or appropriate administrative official determine a fine would result in an unreasonable hardship on the defendant, a work program may be imposed in lieu of a fine. The in lieu work program must be approved by the VPSA.
6. Disciplinary probation: An indication that the student is not in good standing, and that his continued enrollment is conditioned upon adherence to published College policies. Probation may be imposed only for a definite term but automatically imposes the following:
a. A student on disciplinary probation or harsher disciplinary sanction is ineligible to hold or be elected to an office of any student organization recognized by the College;
b. A student on disciplinary probation or harsher disciplinary sanction may not represent the College in any special honorary role, e.g. PTK tournament, choir tour, athletic competition.
c. If a specific question is asked whether the student has been involved in any disciplinary situations, there is no alternative but to give an accurate answer to the question. (This situation exists for items 6-12.)
7. Withholding an official transcript or degree.
8. Prohibition against readmission.
9. Denial or nonrecognition of a degree.
10. Loss of or ineligibility for a student grant or loan.
11. Suspension: Separation from the College for a definite term, during which the student shall not be permitted to attend courses or participate in any College activity. *
12. Expulsion: Termination of student status for an indefinite period. The conditions of readmission, if any, shall be stated in the order of expulsion. When an offense is so severe that the College will not allow the student to reenroll, the student will be expelled. Expulsion is not a permanent separation, but neither is a definite time set when return is expected. If a student is reinstated after the expulsion, it is only after a complete reconsideration of the case by the VPSA (or the Appeals Committee).*
B. Recording of Penalties. The penalties provided in Subsection 3.05a, items 6 through 12, would be noted in the student's conduct file. Any record of penalty not noted on a transcript should be expunged no later than five years after the penalty is assessed or upon graduation, whichever is later.
C. Finality of Penalties. No penalty shall normally take effect until disciplinary action becomes final. Disciplinary action becomes final when:
1. In the event of administrative disposition, upon acceptance by the student of the decision.
2. In the event of a hearing, upon notification to the student of the decision of the Appeals Committee.
3. In the event of review by the President, or Board whether directly or by appeal, upon notification to the student.
If disciplinary action is invoked prior to appeal, student may request an appearance before the proper supervisor/body.
* = VPSA has the option of requiring the individual to attend a screening/assessment appointment prior to permitting readmission.