| 1. |
Discipline Procedure |
| |
a. |
Immediate Suspension |
| |
|
1. |
The Vice President for Instruction
and Student Services is responsible for implementing
student discipline procedures. (For purpose
of brevity, the title of “Vice President”
will refer to the Vice President for Instruction
and Student Services throughout this procedure.)
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. |
| |
|
2. |
The Vice President shall appoint
a Conduct Officer to administer the disciplinary
procedures. |
| |
b. |
Immediate Dismissal |
| |
|
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
dismissal. If the student(s) fail to cease
and desist, the instructor or administrator
may then dismiss the student(s). An administrative
officer may temporarily suspend the student(s)
from either the class or the College until
a resolution of the matter can be made. |
| |
|
2. |
The administrative officer invoking
such suspension shall notify the Conduct Officer
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. The Conduct Officer shall resolve
the matter in a timely fashion utilizing the
steps outlined below in Section c. |
| |
c. |
Disciplinary Procedure |
| |
|
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: |
| |
|
|
a. |
Charges: Any administrative official,
faculty member, or student may file charges
with the Conduct Officer against any student
or student organization for violations of
college regulations. The Individual(s) making
the charge must complete a charge form (available
from the office of the Conduct Officer) 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). |
|
| |
|
|
b. |
Investigation and Decisions: Within
five (5) working days after the charge is
filed, the Conduct Officer shall complete
a preliminary investigation of the charge
and shall schedule a meeting with the student.
After discussing the allege infraction with
the student, the Conduct Officer 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. |
|
| |
|
|
c. |
Notification: The decision of the
Conduct Officer 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 Conduct Officer shall
send a certified letter to the student's last
known address providing the student with a
list of charges, the Conduct Officer’s
decision, and instructions governing the appeal
process (Section 3). |
| |
|
|
|
|
| 2. |
Sanctions |
| |
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. |
| |
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. |
| |
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. |
| |
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. |
| |
e. |
Temporary 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. |
| |
f. |
Loss of Academic Credit or
Grade: Imposed as a result of academic
dishonesty. |
| |
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. |
| |
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. (Disciplinary
suspension appears on the academic transcript.) |
| |
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. (Disciplinary expulsion
appears on the academic transcript.) |
| |
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. |
| |
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. |
| |
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 |
| |
a. |
A student who disagrees with
the decision of the Conduct Officer may request
a review by the Vice President This request
must be submitted in writing to the Vice President
within three (3) working days after receipt
of the Conduct Officer’s decision. The
Vice President shall have the authority to: |
| |
|
1) |
Review the findings
of the Conduct Officer |
| |
|
2) |
Hear from the student
and the Conduct Officer before ruling on an
appeal. |
| |
|
3) |
Confirm, modify,
or overturn the decision of the Conduct Officer |
| |
|
4) |
Inform the student
in writing of the final decision within five
(5) working days of the receipt of the appeal |
| |
b. |
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.
|
| |
|
1) |
Committee Composition
Membership of the Disciplinary Review Committee
shall be composed of the following: |
| |
|
|
a. |
Three faculty/staff members appointed by
the President. |
| |
|
|
b. |
Three student members appointed by the Student
Leadership Association and approved by the
President. |
| |
|
|
c. |
One administrator appointed by the President
to serve as Committee Chairperson who will
vote only in case of a tie. |
| |
|
|
d. |
The Vice President as an ex-officio, non-voting
member. |
| |
|
|
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. |
| |
|
|
f. |
At least two faculty/staff members and two
students plus the Chairperson must be present
in order for the Committee to conduct business. |
| |
|
2) |
Procedures for Hearings Before
the Disciplinary Review Committee |
| |
|
|
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. |
| |
|
|
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. |
|
| |
|
|
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. |
|
|
| 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. |
|
| |
|
|
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. |
| The decision of the President
is final. |
|
