Code of Student Conduct

III. Judicial Procedures

A. Charges and Hearings
1. Any member of the college community may file charges against any student for misconduct. Charges will be prepared in writing and directed to the assistant dean of Student Life and Judicial Affairs, who is responsible for the administration for the college judicial system. Any charge should be submitted as soon as possible after the event takes place, preferably within 30 college days.

Note: Faculty of some occupational programs have published statements designed to ensure the safety of students, staff and patients. The Code of Student Conduct will not apply to actions taken as a result of such statements.

2. The assistant dean of Student Life and Judicial Affairs will act as or appoint a judicial advisor who may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the judicial advisor. A decision reached or sanction recommended will be considered acceptable to the parties involved if no response is given within five college days of receipt of the decision and will result in the implementation of the recommended sanction(s). Such disposition will be final, and there will be no subsequent proceedings, unless the charges cannot be disposed of by mutual consent, in which case the charges will be heard by a judicial body. The judicial advisor may serve in the same manner as the judicial body or member thereof.

3. All specific charges will be presented to the accused student in written form by the judicial advisor. A time will be set for a hearing, not less than five nor more than 15 college days after the student has been notified. Maximum time limits for scheduling of hearings may be extended at the discretion of the judicial advisor.

4. Hearings will be conducted by a judicial body according to the following guidelines.

1. hearings normally will be conducted in private;

2. admission of any person to the hearing will be at the discretion of the judicial advisor;

3. in hearings involving more than one accused student, the chairperson of the judicial body, at his or her discretion, may permit the hearings concerning each student to be conducted separately;

4. the complainant and the accused have the right to be assisted by any advisor they choose, at their own expense. The advisor may be an attorney. The complainant and/or the accused is responsible for presenting his or her own case and, therefore, while advisors may be present, they are not permitted to speak or to participate directly in any hearing before a judicial body;

5. the complainant, the accused and the judicial body will have the privilege of presenting witnesses. All witnesses are subject to cross-examination;

6. pertinent records, exhibits and written statements may be accepted as evidence by a judicial body at the discretion of the chairperson;

7. all procedural questions are subject to the final decision of the person designated by the judicial advisor as chair of the judicial body;

8. after the hearing, the judicial body will determine (by majority vote if the judicial body consists of more than one person) whether the student has violated each section of the Code of Student Conduct which the student is charged with violating;

9. the judicial body's determination will be made on the basis of the preponderance of evidence.

5. When the judicial body determines that a student has violated the Code of Student Conduct, this body will collectively determine the sanction(s) to be imposed. Following the hearing, the chair of the judicial body will advise the accused in writing of its determination and of the sanction(s) imposed, if any.

6. There will be a single verbatim record, such as a tape recording, of all hearings before a judicial body. Access is limited to reviewing the verbatim record only on the college premises. The verbatim record will be the property of the college.

7. Except in the case of a student charged with failing to obey the summons of a judicial body or college official, no student may be found to have violated the Code of Student Conduct solely because the student failed to appear before a judicial body. In all cases, the evidence in support of the charges will be presented and considered.

B. Sanctions
1. The following sanctions may be imposed upon any student found to have violated the Code of Student Conduct. All sanctions with the exception of an oral warning will be issued in writing.

1. Warning-a notice orally or in writing in a disciplinary action to the student that the student is violating or has violated institutional regulations.

2. Probation-a reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any institutional regulation(s) during the probationary period.

3. Loss of Privileges-denial of specified privileges for a designated period of time.

4. Fines-previously established and published fines may be imposed.

5. Restitution-compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.

6. Discretionary Sanctions-work assignments, service to the college or neighboring communities, or other related discretionary assignments (such assignments must have the prior approval of the judicial advisor).

7. Withdrawal from Class-administrative withdrawal with consequent loss of tuition and fees from a class or classes.

8. Limited Access-administrative restriction to selected parts/locations of campus sites.

9. College Suspension-separation of the student, with consequent loss of tuition and fees, from the college for a definite period of time, after which the student may be eligible to return. Conditions for readmission may be specified.

10. College Expulsion-permanent separation with consequent loss of tuition and fees, of the student from the college.

2. Student may be directed to participate in counseling or educational seminars in lieu of, or in addition to, the imposition of sanctions.

3. More than one of the sanctions listed above may be imposed for any single violation.

4. Other than college expulsion, disciplinary sanctions will not be made part of the student's permanent academic record, but will become part of the student's confidential record maintained by the assistant dean of Student Life and Judicial Affairs.

5. The following sanctions may be imposed upon clubs, groups or organizations:

1. those sanctions listed in Section B.1., 
   a through f.

2. Deactivation-loss of privileges, including college recognition, for a specified period of time.

Note: No record of any proceeding will be kept when a student is found not guilty of violating the Code of Student Conduct. A written statement to the student will be issued that no violation of a college regulation has been determined.

C. Interim Suspension
In certain circumstances, the assistant dean of Student Life and Judicial Affairs, or a designee, may impose a college suspension prior to the hearing before a judicial body.

1. Interim suspension may be imposed only;

1. to ensure the safety and well-being of members of the college-community or preservation of college property;

2. to ensure the student's own physical or emotional safety and well-being; or

3. to avoid a threat of disruption of or interference with the normal operations of the college.

2. During the interim suspension, students will be denied access to the campus (including classes), to college activities or privileges for which the student might otherwise be eligible, as the Assistant Dean of student Life and Judicial Affairs or the judicial advisor determine appropriate.

3. Faculty determination: If a student is unresponsive to a faculty member's intervention and continues to be disruptive in the classroom, it is appropriate to ask that student to leave for that class session.

D. Appeals
1. A decision reached or a sanction imposed by the judicial body may be appealed by accused students or complainants to an appeals board within five college days of receipt of the decision. Failure to respond within the five college days after the receipt of the decision notification will result in the implementation of the recommended sanction(s). Such appeals will be submitted in writing to the assistant dean of Student Life and Judicial Affairs or a designee.

2. Except when explaining the basis for new evidence, an appeal will be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes:

1. to determine whether the original hearing was conducted fairly in light of the charges and evidence presented; and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and present evidence that the Code of Student Conduct was violated; and giving the accused student a reasonable opportunity to prepare and present a rebuttal of those allegations;

2. to determine whether the decision reached regarding the accused student was based on substantial evidence; that is whether the facts in the case were sufficient to establish that a violation of the code occurred;

3. to determine whether the sanction(s) imposed were appropriate for the violation of the code which the student was found to have committed;

4. to consider new evidence, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such evidence and/or facts were not known to the person appealing at the time of the original hearing.

3. In cases involving appeals by students accused of violating the Code of Student Conduct, review of the sanction by the Appeals Board may result in more severe sanctions for the accused student.

4. In cases involving appeals by persons other than students accused of violating the Code of Student Conduct, the Appeals Board may, upon review of the case, reduce or increase the sanctions originally imposed by the judicial advisor.

5. The decision of the Appeals Board shall be final.