| 1. |
Discipline
Procedure |
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a. |
Immediate
Suspension |
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1. |
If
an act of misconduct threatens the health
or well being of any member of the academic
community or seriously disrupts the function
and good order of the College, an instructor
or administrative officer may direct student(s)
involved to cease and desist such conduct
and advise them that failing to cease and
desist will result in immediate suspension.
If the student(s) fail to cease and desist,
the instructor may then suspend the student(s)
from the class. An administrative officer
may suspend the student(s) from either the
class or the College until a resolution of
the matter can be made. |
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2. |
The
instructor or administrative officer invoking
such suspension shall notify the Vice President
for Instruction and Student Services in writing
of the individual(s) involved and the nature
of the infraction as soon as possible but
no more than two (2) days following the incident.
(For purpose of brevity, the title of “Vice
President” will refer to the Vice President
for Instruction and Student Services throughout
this document.) The Vice President shall resolve
the matter in a timely fashion utilizing the
steps outlined below in Section c. |
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b. |
Responsibility
for Implementation |
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|
1. |
The
Vice President is responsible for implementing
student discipline procedures. In the event
any discipline procedure conflicts with the
state or federal law, the state or federal
law shall be followed. The Vice President
shall refer the discipline matter to the appropriate
official as outlined by state or federal law. |
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c. |
Disciplinary
Procedure |
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1. |
In
order to provide an orderly system for handling
student disciplinary cases in accordance with
due process and justice, the following procedures
will be followed: |
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a. |
Charges:
Any administrative official, faculty member,
or student may file charges with the Vice
President against any student or student organization
for violations of college regulations. The
Individual(s) making the charge must complete
a charge form (available for the office of
the Vice President) stating:
| 1. |
Name
of the student(s) involved. |
| 2. |
Alleged
violation of the Standards of Student
Conduct. |
| 3. |
Time,
place, and date of the incident. |
| 4. |
Name
of person(s) directly involved or witnesses
to the infractions. |
| 5. |
Any
action taken that relates to the matter. |
| 6. |
Desired
solution(s). |
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b. |
Investigation and Decisions: Within
five (5) working days after the charge is
filed, the Vice President shall complete a
preliminary investigation of the charge and
shall schedule a meeting with the student.
After discussing the alleged infraction with
the student, the Vice President may act as
follows:
| 1. |
Drop
the charges. |
| 2. |
Impose
a sanction consistent with those shown
in Section 2. |
| 3. |
Refer
the student to a college office or community
agency for services. |
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c. |
Notification:
The decision of the Vice President shall be
presented to the student in writing immediately
following the meeting with the student. In
instances where the student cannot be reached
to schedule an appointment with the Vice President
shall send a certified letter to the student’s
last known address providing the student with
a list of charges, the Vice President decision,
and instructions governing the appeal process
(Section 3). |
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| 2. |
Sanctions |
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a. |
Reprimand:
A written communication which gives official
notice to the student that any subsequent
offense against the Standards of Student Conduct
will carry heavier penalties because of this
prior infraction. |
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b |
General
Probation: An individual may be placed
on General Probation when involved in a minor
disciplinary offense. General Probation has
two (2) important implications: first, the
individual is given a chance to show capability
and willingness to observe the Standards of
Student Conduct without further penalty; and
second, if the individual errs again, further
action will be taken. This probation will
be in effect for no more than two (2) semesters. |
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c. |
Restrictive
Probation: Restrictive Probation results
in loss of good standing and becomes a matter
of record. Restrictive conditions may limit
activity in the college community. Generally
the individual will not be eligible for initiation
into any local or national organization, and
my not receive any college award or other
honorary recognition. The individual may not
occupy a position of leadership or responsibility
with any college or student organization,
publication, or activity. This sanction prohibits
the student from officially representing the
College or participating in any extracurricular
activities including intramural competitions.
This probation will be in effect for not less
than two (2) semesters. Any violation of Restrictive
Probation may result in immediate suspension. |
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d. |
Restitution:
Paying for damaging, misusing, destroying
or losing property belonging to the College,
college personnel, or students. Restitution
may take the form of appropriate service to
repair or otherwise compensate for damages. |
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e. |
Interim
Suspension: Exclusion from class and/or
other privileges of activities as set forth
in the notice, until a final decision has
been made concerning the alleged violation. |
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f. |
Loss
of Academic Credit or Grade: Imposed as
a result of academic dishonest. |
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g. |
Withholding
Academic Records and or the Right to Register:
Withholding transcript, diploma, or the right
to register or participate in graduation ceremonies
imposed when financial obligations are not
met or the student has a disciplinary case
pending final disposition. |
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h. |
Suspension:
Exclusion from class(es), and/or all other
privileges or activities of the College for
a specified period of time. This sanction
is reserved for those offenses warranting
discipline more severe than probation, or
for repeated misconduct. Students who receive
this sanction must get specific written permission
from the Vice President before returning to
campus. |
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i. |
Expulsion:
Dismissing a student from campus for an indefinite
period losing student status. The student
may be readmitted to the College only with
the approval of the President. |
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j. |
Group
Probation: This is given to a college
club or other organized group for a specified
period of time. If group violations are repeated
during the term of probation, the charter
may be revoked or activities restricted. |
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k. |
Group
Restriction: Removing college recognition
during the semester which the offense occurred
or for a longer period (usually not more than
one other semester). While under restriction,
the group may not seek or add members, hold
or sponsor events in the college community,
or engage in other activities as specified. |
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l. |
Group
Charter Revocation: Removal of college
recognition for a group, club, society, or
other organization for a minimum of two (2)
years. Recharter after that time must be approved
by the President. |
| 3. |
Disciplinary
Appeals Procedure |
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a. |
A
student who disagrees with the decision of
the Vice President may request a hearing before
the Disciplinary Review Committee. This request
must be submitted in writing to the Vice President
within three (3) working days after receipt
of the Vice President’s decision. The
Vice President shall refer the matter to the
Disciplinary Review Committee together with
a report of the nature of the alleged misconduct,
the name of the complainant, the name of the
student against whom the charge has been filed,
and the relevant facts revealed by the Vice
President’s investigation. |
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1. |
Committee
Composition
Membership of the Disciplinary Review Committee
shall be composed of the following: |
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a. |
Three
faculty/staff members appointed by the President. |
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b. |
Three
student members appointed by the Student Leadership
Association and approved by the President. |
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c. |
One
administrator appointed by the President to
serve as Committee Chairperson who will vote
only in case of a tie. |
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d. |
The
Vice President as an ex-officio, non-voting
member. |
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e. |
Committee
members will serve one year from the beginning
of fall semester through summer semester with
replacements appointed by the President or
SLA as necessary. |
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f. |
At
least two faculty/staff members and two students
plus the Chairperson must be present in order
for the Committee to conduct business. |
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2. |
Procedures
for Hearings Before the Disciplinary Review
Committee |
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a. |
Procedural Responsibilities of the Vice President
The Disciplinary Review Committee must meet
within ten (10) working days of receipt of
a request for a hearing. At least five (5)
working days prior to the date set for the
hearing, the Vice President shall send a certified
letter to the student’s last known address
providing the student with the following information:
| 1. |
A
restatement of the charge or charges.
|
| 2. |
The
time and place of the hearing. |
| 3. |
A
statement of the student’s basic
procedural rights. |
| 4. |
A
list of witnesses. |
| 5. |
The
names of the Committee members. |
On
written request of the student, the hearing
may be held prior to the expiration of the
five-day (5) notification period, if the Vice
President concurs with this charge. |
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b. |
Basic procedural rights of students include
the following:
| 1. |
The
right to counsel. The role of the person
acting as counsel is solely to advise
the student. The counsel shall not address
the Committee. |
| 2. |
The
right to produce witnesses on one’s
behalf. |
| 3. |
The
right to request, in writing, the President
to disqualify any member of the Committee
for prejudice or bias. (The request
must contain reasons). A request for
disqualification, if made, must be submitted
at least three (3) working days prior
to the hearing. If such disqualification
occurs, the appropriate nominating body
shall appoint a replacement to be approved
the President. |
| 4. |
The
right to present evidence. |
| 5. |
The
right to know the identity of the person(s)
bringing the charge(s). |
| 6. |
The
right to hear witnesses on behalf of
the person(s) bringing the charge(s). |
| 7. |
The
right to testify or to refuse to testify
without such refusal being detrimental
to the student. |
| 8. |
The
right to appeal the decision of the
Committee to the President who will
review the official record of the hearing.
The appeal must be in writing and it
must be made within (5) working days
of the completion of the hearing. |
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c. |
The
Conduct of the Committee Hearing
| 1. |
Hearings
before the Committee shall be confidential
and shall be closed to all persons
except the following:
| a. |
The
student. |
| b. |
Counsels. |
| c. |
Witnesses who shall:
| 1. |
Give
testimony singularly and
in the absence of other
witnesses. |
| 2. |
Leave
the committee meeting room
immediately upon completion
of the testimony. |
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| 2. |
The
hearing will be tape recorded. Tapes
will become the property of the College,
and access to them will be determined
by the Chairperson of the Committee
and the Vice President. All tapes will
be filed in the office of the Vice President. |
| 3. |
The
Committee shall have the authority to
adopt supplementary rules of procedure
consistent with this code. |
| 4. |
The
Committee shall have the authority to
render written advisory opinions concerning
the meaning and application of this
code. |
| 5. |
Upon
completion of a hearing, the Committee
shall meet in executive sessions to
determine concurrence or non-concurrence
with the original finding and to recommend
sanctions, if applicable. |
| 6. |
Decisions
of the Committee shall be made by majority
vote. |
| 7. |
Within
two (2) working days after the decision
of the Committee, the Vice President
shall send a certified letter to student’s
last known address providing the student
with the Committee’s decision. |
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d. |
Appeal
to the President
A student who refuses to accept the findings
of the Committee may appeal in writing to
the President within five (5) working days
after receipt of the Committee’s decision.
The President shall have the authority to:
| 1. |
Review
the findings of the proceedings of the
Committee. |
| 2. |
Hear
from the student, the Vice President
and the members of the Committee before
ruling on an appeal. |
| 3. |
Approve,
modify, or overturn the decision of
the Committee. |
| 4. |
Inform
the student in writing of the final
decision within ten (10) working days
of the receipt of the appeal. |
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e. |
Appeal
to Board of Trustees
Any party of the Disciplinary Review Committee
hearing may request, in writing, a hearing
before the Board of Trustees or a committee
of the Board as an appeal of the President’s
decisions within five (5) working days of
that decision. The Board of Trustees or a
committee of the Board may review information
to the date and render a decision without
the personal appearance before them of the
parties of the Disciplinary Review Committee
hearing or they may choose to have the parties
involved in the hearing appear before them
before rendering a decision. The decision
of the Board will be made within twenty (20)
working days and will be final. |
