20.0 Discipline Procedures

Download as PDF

Through the student judicial process, KCC may impose sanctions and/or disciplinary action for a student found guilty of violating the College’s Code of Conduct. Every effort will be taken to advise and guide the student to more appropriate behavior. The vice president for student affairs and the KCC Police Department personnel will work together to enforce the College’s Code of Conduct. The student conduct officer is designated by the vice president for student affairs. The following procedures may be carried out prior to, simultaneously with, following, or in the absence of, any civil or criminal action proceeding.

Alleged acts of misconduct that are not sex- or gender-based discrimination or harassment will be investigated pursuant to these procedures. Allegations of sex-based discrimination, harassment or misconduct will be processed according to the college’s Harassment, Discrimination and Sexual Misconduct Policy Complaint Procedures, which can be found on KCC's web page.

Respondent’s Rights
1. A student charged with a violation of the Code of Conduct (“Respondent”) has the right to:
  1. Notice of the alleged violation(s) and a description of the allegations upon which the charge is based, including the provision(s) of the Code of Conduct the Respondent is charged with violating and the range of possible sanctions for the offense(s).
  2. A designated opportunity to review all information in their conduct file prior to a hearing. The student conduct officer reserves the right to modify any report or documentation if it is deemed necessary to protect identifiable information of any person filing the report, witness, or alleged victim.
  3. An opportunity to present evidence and information on his/her behalf at an information session with the student conduct officer.
  4. Where a formal hearing is held, examine witnesses provided testimony and supporting documents during the hearing, except where the student has waived their right or opted for a summary resolution. If called witnesses do not appear, their written and signed statements, if submitted, will be considered by the Hearing Body.
  5. Accompaniment to any meeting or hearing held throughout the disciplinary process by a personal adviser of the student’s choice. The student is responsible for obtaining his/her own adviser. The adviser may not serve as a witness, represent the student before the Hearing Body, or speak on the student’s behalf at any meeting or hearing held throughout the disciplinary process.
  6. Notification of the disciplinary determination, in writing, within ten (10) business days after the determination is made.
  7. Request an appeal of the disciplinary determination, in writing, within five (5) business days of the student’s receipt of the written determination (See Appeals section of this Code).
  8. Notification of any appeal determination, in writing, within ten (10) business days after the appeal determination is made.
Victim’s Rights
1. Complainants/Victims have the right to:
  1. Accompaniment by an adviser of the student’s choice when presenting information to the Hearing Body or when attending any other meeting held throughout the disciplinary process. The student is responsible for obtaining his/her own adviser. The adviser may not serve as a witness, represent the student before the Hearing Body, or speak on the student’s behalf at any meeting or hearing held throughout the disciplinary process.
  2. Support services, such as counseling services, upon request, which will be coordinated through the student conduct officer or Counseling Office.
  3. An opportunity to present evidence and information on his/her behalf, including presenting witnesses and/or signed written statements.
  4. Submit a victim impact statement to the Hearing Body, where applicable. This information will be used only in the sanctioning phase of deliberations, if the Respondent is found responsible for the charge(s).
  5. Have unrelated past behavior excluded from the hearing. The student conduct officer or chair of the Judicial Review Board will decide if such information is unrelated.
  6. Submit questions to the Hearing Body. The Hearing Body will consider posing those questions to the charged student.
  7. Testify in limited privacy, as long as the process does not compromise the charged student’s right to cross-examination. Determination on this matter will be made by student conduct officer or chair of the Hearing Body.
  8. Be present throughout the entire hearing, or portions thereof. Determination on this matter will be made by the student conduct officer or chair of the Judicial Review Board. Deliberations are closed to all parties except the Judicial Review Board.
  9. Notification of the disciplinary determination and, where applicable, any appeal determination, at the same time the Respondent receives such notification.
Conflicts of Interest
The student conduct officer or Judicial Review Board members shall not participate in any case in which they are a complainant or witness, or in which they have direct or personal interest, prejudice, or bias, or in which they have acted previously in an advisory capacity.
1. Individuals who play a role in receiving, investigation, and otherwise processing complaints shall not have any conflict of interest in the process. In the event that such a conflict arises in the process, the person shall disclose such interest to the parties. Parties to the complaint who believe a college official is involved in the process has a conflict of interest may report such concerns to the student conduct officer. The student conduct officer will determine whether a conflict of interest exists and take appropriate action.
2. Anyone who serves as an advocate, or someone who is subject to the authority, direction, or discretion of such a person, may not serve as a conduct officer for a full adjudicative hearing.
3. A hearing officer with a conflict of interest shall recuse him/herself from further involvement in the case. In the event such a conflict arises after the selection process or during proceedings, the member shall immediately disclose the conflict to the parties
4. A Judicial Review Board member’s eligibility to participate in a case may be challenged by parties to the case or by other Judicial Review Board members at any time by submitting a motion to disqualify to the conduct review officer. When such a challenge is made, the Judicial Review Board, excluding the person alleged to have a conflict of interest, shall make a decision on the challenge.
5. In cases where the challenge is against the chair or student conduct officer, the vice president for student affairs shall make a decision on the challenge.
6. If a member is disqualified or disqualifies him/her self from a case, the student conduct officer or chair will appoint a replacement.
Administrative Authorities
1. Student conduct officer
  1. The student conduct officer facilitates and oversees the student conduct process for alleged violations of college policies.
  2. When a formal hearing is held, the student conduct officer presents the charges, and the evidence supporting the administration’s recommended finding(s) and sanction(s), to the Judicial Review Board.
2. Judicial Review Board
  1. The Judicial Review Board is designated by the vice president for student affairs or designee to conduct formal hearings. The Judicial Review Board is composed of a procedural chair (non-voting capacity), two faculty members appointed by the vice president for academic affairs or designee, two enrolled students appointed by the student conduct officer, and two staff members appointed by the vice president for student affairs or designee.
  2. In times of limited student availability, or when a conflict of interest is identified, a hearing may proceed with three (3) or four (4) voting members.
3. Types of Hearings
  There are three (3) distinct types of hearings provided by the Code of Conduct.
  1. Informal Hearings (Summary Resolutions)
    1. Held when cases involve few or no disputed questions of fact and possible sanctions do not include separation from the college
    2. For students choosing to accept responsibility for the alleged charge as presented.
    3. Not audio recorded. Written decisions will serve as the official records of informal hearings.
    4. Students waive their right to have an adviser, cross-examine witnesses, and to have five (5) business days before a hearing is held.
    5. The only appeal can be on the basis that the sanction(s) is/are disproportionate to the violation(s).
    6. If found responsible, sanctions may be imposed immediately.
    7. The student conduct officer may interview other parties or review documentation relevant to the incident in determining sanctions.
  2. Mediated Forums
    1. An informal process to address concerning behaviors through mediation, conflict resolution and/or behavioral interventions.
    2. At any point prior to a final disciplinary determination being made, a Respondent may request to participate in a mediated forum.
    3. Mediated forums are not audio recorded. Written and signed agreements of applicable parties may serve as the official record of mediated forums.
    4. May include the use of mediation agreements and/or behavioral intervention plans aimed at:
      1. Addressing behaviors which may not violate this Code, but cause serious concern for the imminent health, safety or welfare of oneself, others or the college community;
      2. Remedying prohibited behaviors and resolving Code violations through an informal and mutually agreed upon process by the Respondent and the college.
    5. The student conduct officer may interview other parties or review documentation relevant to the incident in determining agreement requirements and behavioral intervention plans.
    6. If an agreement is reached at the conclusion of a mediated forum, a written agreement and/or behavioral intervention plan will serve as the final outcome of the disciplinary investigation process. By signing the written agreement and/or behavioral intervention plan, the Respondent waives his/her right to a formal hearing and any subsequent appeal.
    7. If no agreement is reached at the conclusion of a mediated forum, the college will proceed according to the standard disciplinary resolution procedure.
  3. Formal Hearings (Administrative Hearings and Board Hearings)
    1. Held when cases involve disputed questions of fact or serious alleged violations of the Code.
    2. May require the Judicial Review Board to call appropriate witnesses or obtain witness statements, reports or other information in support of the charges.
    3. Allow the presence of an adviser of the respondent’s choosing and expense.
    4. Formal hearings will be audio recorded and the recording will serve as the official record of the proceedings.
    5. A formal disciplinary outcome letter will be sent to the respondent and any other appropriate individuals.
4. Types of Resolution
  1. There are two (2) types of resolution mechanisms provided by the Code of Conduct.
    1. Summary Resolutions
      1. Cases where the possible sanctions do not include suspension, dismissal or expulsion from the college will be resolved by summary resolution.
      2. Where the possible sanctions include suspension, dismissal or expulsion from the college, a student may choose to accept responsibility for the alleged charge as presented and proceed with a summary resolution in lieu of a formal hearing. Students who elect a summary resolution automatically waive their right to a formal hearing, including the right to cross-examine witnesses.
      3. Meetings held in connection with a summary resolution are not audio recorded. Written decisions will serve as the official records of summary resolutions.
      4. The student conduct officer may interview other parties or review documentation relevant to the incident in determining whether the Respondent has violated the Code of Conduct and in determining appropriate sanctions.
      5. Upon conclusion of the investigation, the student conduct officer will issue a written decision, which will include his/her findings and any sanctions imposed.
    2. Formal Hearings
      1. Except in cases where the Respondent elects to proceed with a summary resolution in lieu of a formal hearing, formal hearings are held in cases where the possible sanctions include suspension, dismissal or expulsion from the college.
      2. Formal hearings will be audio recorded and the recording will serve as the official record of the proceedings.
      3. After the hearing has been held and a determination has been made, the Judicial Review Board will issue a written decision, which will include the Judicial Review Board’s findings and any sanctions imposed.
Selection of Hearing Types and Bodies
1. Generally, students may choose which type of hearing and hearing body they would like to conduct their disciplinary case pursuant to the options available in this Code, and with the following exceptions:
  1. Formal hearings are required for alleged violations involving acts or attempted acts of sexual violence.
  2. When it is determined a case requires a formal proceeding, the student conduct officer reserves the right to choose a formal hearing.
  3. Under certain circumstances, where the alleged behavior and/or incident could be solved through an informal process or mediated forum rather than formal disciplinary proceedings, the student conduct officer, in consultation and concurrence with all parties involved, may redirect the matter through an informal process or mediated forum.
  4. When two (2) or more individual cases stem from the same incident, those cases should typically be heard by the same hearing body. In such cases, the student conduct officer may either pre-select the hearing type and hearing body or consult with the students involved before making the decision.
  5. The student conduct officer reserves the right to select the appropriate hearing type and body for other administrative or case-related reasons
  6. During time periods in which any of the hearing bodies are not officially constituted, the student conduct officer may select an appropriate alternative as the hearing body.
Burden of Proof
1. The legal standard used in all disciplinary cases is “preponderance of evidence,” meaning that the evidence, considered as a whole, indicates that the fact sought to be proved is more probable than not, or that it is more likely than not that the alleged behavior occurred and violates the Code of Conduct.
2. The charged student will not be presumed responsible for an alleged violation of the Code of Conduct; rather, the student’s responsibility must be established by a preponderance of the evidence.
3. The burden of proof in a disciplinary hearings rests with the college administration.
Student Conduct Processes and Procedures
1. Initiating Charges
  1. Any person may report any violation of the Code of Conduct, federal, state or local law. A report may be initiated in the following ways:
    1. Filing a Student Behavior Incident Report form with the student conduct officer (this can be done online, through email or in person);
    2. Filing a report with the KCC Police Department or requesting that a report from a law enforcement agency be sent to the campus police or Student Conduct Office;
    3. Providing a signed statement to the student conduct officer; or
    4. A report from an outside law enforcement agency is sent directly to the college.
  2. The student conduct officer shall be responsible for determining whether there are sufficient grounds to warrant disciplinary charges. The student conduct officer reserves the right to request additional documentation, if it is deemed necessary in determining whether formal charges are warranted on behalf of the college.
  3. If the student conduct officer determines that the documentation is insufficient or there are insufficient grounds to file charges on behalf of the college, no charges will be filed and the individual initiating the report will be notified, in writing. Under FERPA, the student conduct officer may be prohibited from disclosing information about the reason for the decision not to file formal charges.
2. Timely Reporting
  1. Reports must be filed with the student conduct officer within ninety (90) calendar days of the incident, or knowledge of the incident. However, the college reserves the right to exercise professional discretion to extend this timely reporting in cases of behaviors which pose a threat to the safety, welfare or well-being of another person or the college community, or when the delay is related to victimization issues.
  2. Complaint forms and appeal notices may be filed by electronic communication, including email and fax, or certified or trackable mail.
  3. If a complaint form or appeal notice is not timely filed, the complaint may be dismissed, on written notice to the person who filed the complaint or appeal notice, at any point during the complaint process.
3. Notice of Charges
  1. Where the student conduct officer determines that formal charges against a student are warranted, a notice of charge(s) shall be sent to the Respondent within ten (10) business days from when the determination to file formal charges is made. Extended time may be required if further investigation or additional documentation is required to substantiate initiating student conduct charges.
  2. The notice given to any student charged with an alleged violation of the Code of Conduct will include:
    1. Identification of the specific Code of Conduct or college Policy provisions that the Respondent is alleged to have violated;
    2. A brief description of the alleged offense(s) upon which the charges are based;
    3. An invitation to attend an information session, during which the charged student will be afforded an explanation of the charges and an opportunity to respond to the charges. In cases where the possible sanctions include suspension, dismissal or expulsion, the student will be given information about his/her right to a formal hearing, along with information concerning hearing procedures and resources available to the student in preparation for his/her disciplinary hearing. If the student elects to waive his/her right to a formal hearing and instead chooses a summary resolution, the student should notify the student conduct officer of such election during the information session.
4. Information Session
  1. If a student fails to respond to a request to schedule an information session within five (5) business days of the date on the notice of charge letter, or if the student fails to attend a scheduled information session, the student waives his/her right to an information session, and the student conduct officer will proceed according to the standard disciplinary resolution procedure. In cases where the possible sanctions do not include suspension, dismissal or expulsion, the student conduct officer will make a disciplinary determination based on the information that is available and will issue his/her written decision, including his/her findings and any sanctions imposed, within ten (10) business days of when the determination is made. In cases where the possible sanctions include suspension, dismissal or expulsion, the student conduct officer will proceed by scheduling a hearing date and issuing written notice of the hearing to the charged student.
  2. The student conduct officer may extend the time for scheduling an information session or reschedule a hearing where the charged student demonstrates that an extenuating circumstance prevented him or her from responding to the notice of charge letter by the response deadline.
  3. During the information session, the student will be provided the following:
    1. Clear and complete description of the Code of Conduct charges and description of the allegations upon which the charges are based.
    2. Where applicable, information related to the student’s rights and responsibilities and preparation for a hearing.
    3. In cases where the possible sanctions include suspension, dismissal or expulsion, the right to accept responsibility for the alleged charge(s) as presented and proceed with a summary resolution in lieu of a formal hearing. If the student accepts the charges as presented, takes responsibility for the violation, and elects to proceed with a summary resolution, the student conduct officer will issue a written decision, which will include his or her findings and any sanctions imposed, within ten (10) business days from the date the decision is made.
    4. In cases where the possible sanctions include suspension, dismissal or expulsion, if the charged student does not elect to proceed with a summary resolution, a formal hearing shall be conducted on the matter.
5. Hearing Notification
  1. In cases where the possible sanctions include suspension, dismissal or expulsion, charged students who do not elect to accept responsibility and proceed with a summary resolution shall be notified, in writing, at least five (5) business days prior to a formal hearing, of the date and time of the hearing. Notice of the hearing shall include:
    1. The date, time and location for the hearing; and
    2. The name(s) of the Judicial Review Board members.
  2. If the charged student fails to appear at the scheduled hearing and fails to provide adequate written notice prior to the scheduled hearing, the hearing will be held in the student’s absence.
    1. No student may be found responsible for a violation of the Student Conduct Code solely because he/she failed to appear before a Judicial Review Board.
    2. The decision of the Judicial Review Board will be based on the documentation and testimony presented at the hearing.
6. Scope of Inquiry
  1. A student’s academic and previous disciplinary record (if applicable) cannot be considered when determining whether the charged student has violated the Code of Conduct.
  2. However, if a student is found responsible for a violation of the Code, any academic and previous disciplinary record may be taken into account when determining the appropriate disciplinary action(s) or educational sanction(s).
7. Disciplinary Consolidations
  1. Where practicable, in cases where more than one student is charged with an alleged violation of the Code of Conduct and the students’ conduct arose out of the same incident(s), each case will be heard by the same Judicial Review Board. Additionally, the charged students may elect to forego individual hearings in favor of a single consolidated hearing.
  2. The student conduct officer shall make the final decision on all consolidation requests.
8. Role of the Judicial Review Board Chair
  1. The role of the Judicial Review Board Chair when presiding over a formal hearing will be to:
    1. Ensure a fair and impartial hearing and that all of the Respondent’s and victim’s rights are protected pursuant to the Code of Conduct.
    2. If an adviser is present, review the adviser’s role and limitations during the hearing as outlined in the Student’s Rights or Victim’s Rights section of this Code.
    3. Make all administrative decisions on matters relating to the conduct of the hearing, including matters regarding admission of relevant evidence, testimony and questions.
    4. Ensure that the Respondent has the right to present questions to all witnesses in an orderly and respectful fashion. The Judicial Review Board chair reserves the right to determine the method for delivery of questions to the witness by the Respondent.
    5. Maintain an orderly hearing and permit no person to be subjected to abusive treatment, intimidation or harassment. The Judicial Review Board chair, at his/her discretion, may remove anyone who refuses to be orderly and/or who is unable to conduct him/herself in a manner conducive to a learning environment.
    6. Administer an appropriate oath of truthful testimony to the charged student and all witnesses.
9. Hearing Procedures
  1. All hearings are private and closed to the public.
    1. The charged student (or Respondent) and his/her adviser may be present for the entirety of the hearing
    2. Witnesses may be present in the hearing during their time of testimony before the Judicial Review Board.
  2. Formal hearings are taped via audio recording, and the audio tape will act as the official record of the hearing.
  3. The following procedures are applicable to formal hearings:
    1. Administration of an appropriate oath of honesty and truthful testimony to the Respondent and prior to any witnesses’ testimony before the Judicial Review Board.
    2. Opening statement and presentation of formal charges by student conduct officer.
    3. Opening statement by the Respondent.
    4. Presentation of administration’s case by student conduct officer.
    5. Presentation of Respondent’s case by Respondent.
    6. Closing statement by the student conduct officer
    7. Closing statement by the Respondent.
    8. Hearing adjourned by the Judicial Review Board chair.9. All parties, except the Judicial Review Board, are dismissed for deliberation and decision making (see Deliberations section of this Code).
  4. The Judicial Review Board chair will exercise control over the hearing to avoid needless consumption of time and to prevent the harassment or intimidation of witnesses.
    1. The Judicial Review Board chair has the right to make the appropriate revisions to the hearing procedure so long as the student’s rights are upheld and maintained.
    2. Any person, including an adviser, who disrupts a hearing or who fails to adhere to the guidelines set by the Judicial Review Board chair, may be excluded from the proceedings.
10. Deliberations
  1. Deliberations are closed, except for members of the Judicial Review Board, and are not audio taped.
  2. Responsibility is determined by a majority vote of the Judicial Review Board members, except in cases involving expulsion.
    1. Cases involving expulsion must be unanimous.
  3. The vote and final decision of the Judicial Review Board, including the determination of responsibility and sanctions, if appropriate, are taped and become the official record of the hearing.
11. Notification of Outcome
  1. Within ten (10) business days after the conclusion of deliberations, the Judicial Review Board Chair shall provide the Respondent with written notification of the Judicial Review Board’s decision, which will include:
    1. A summary of the evidence/findings of fact used to support its determination;
    2. Findings as to whether the Respondent is found responsible or not responsible for each alleged violation listed in the notice of charge(s) letter;
    3. If applicable, the appropriate sanction(s); and
    4. The procedure for requesting an appeal.
  2. The student’s enrollment status shall remain unchanged pending the college’s final decision in the matter except in cases where the student conduct officer determines that the safety, health, or general welfare of the student, any individual, or any part of the college may be jeopardized.
  3. The Judicial Review Board shall provide written notification of the disciplinary determination to the victim(s), as defined in this Code, at the same time such notification is provided to the Respondent.
  4. In cases of suspension or expulsion, the appropriate college officials will be notified in accordance with federal and state law.
Educational Sanctions/Interventions
1. One or more of the following educational sanctions/interventions may be imposed when a student is found responsible for violation(s) of the Code of Conduct. Potential educational sanctions/interventions include, without limitation, any of the following:
  1. Warning
    1. Verbal warning to the student that the student has violated the Code of Conduct, and that further violation of the code will result in further disciplinary action.
    2. Written reprimand and formal notification that the student’s conduct is unacceptable and that, if other violations of the Code occur, the college may take more severe disciplinary action.
  2. Educational Assignment
    1. An educational assignment is a developmental task for the purpose of making a positive contribution to the student’s well-being and/or the college community. Assignments may include, but are not limited to
      1. Apology letters;
      2. Attendance at educational workshops/seminars;
      3. Tutoring or support from learning centers (i.e., testing, writing, reading or math labs);
      4. Research projects;
      5. Reflection papers and essays;
      6. Meetings and/or interviews with college officials or other appropriate individuals or groups; and/or
      7. Planning and implementing educational programs.
  3. Service Hours
    1. Completion of a specified number of hours of service to the college or local community.
  4. Restitution
    1. Restitution for loss or damages may be a part of any sanction, and may include:
      1. Monetary compensation; and/or
      2. Property replacement or services up to the amount of the damage, loss or injury incurred.
    2. Restitution may also be in the form of service hours provided to the person, group or organization where the damage, loss or injury occurred.
  5. Campus Access Restriction
    1. Campus access restrictions may include:
      1. Relocation of a student to another class, classroom, building, facility or campus; or
      2. Termination of a student’s privilege to enter into and be in the near vicinity of one or more campus areas, facilities or buildings; or restriction from entering onto campus grounds in its entirety during a specified period of time. A student will lose his/her privilege to enter onto campus grounds entirely when serving a suspension or expulsion from the college.
  6. Academic Dishonesty Sanctions
    1. For academic dishonesty violations, in addition to other approved sanctions, the college may impose penalties as outlined in the Academic Dishonesty Penalties section of this Code.
    2. Academic dishonesty sanctions shall be given in consultation with the appropriate faculty member, when appropriate.
  7. Admission/Enrollment Revocation
    1. If it is determined that a student has made false, fraudulent, or incomplete statements in his/her application, residence affidavit or accompanying documents or statements in connection with, or supplemental to, the student’s application for admission to or graduation from the college, the college may:
      1. Deny or revoke admission or further registration at the college;
      2. Invalidate academic credit work done by a student; and/or
      3. Invalidate or revoke the degree based upon such credit.
  8. Removal from Class
    1. Behavior which has been disruptive to a class to the extent that the continued presence of the student in that class will impair, interrupt or interfere with the instructor’s ability to deliver instruction or other students’ ability to receive instruction will result in a withdrawal from that class without a refund. Exceptions to “no refunds” may be granted by the college president or designee(s).
  9. No Contact Order
    1. An administrative directive to refrain from any intentional contact, direct or indirect, with one or more designated persons or group(s) through any means, including personal contact, email, telephone, any form of electronic communication, or through third parties.
  10. Behavioral Assessment
    1. Referral for personal, mental or academic assessment or evaluation through college counseling or support services. Referral to a certified/licensed health agency or professional may be required in cases where it is deemed the intervention may positively affect the student’s learning, behavioral modification, and/or academic success.
      1. In cases of probation or deferred suspension, behavioral assessment conditions that permit the student’s satisfactory completion of the probationary status and/or to continue enrollment at the college, will be specifically outlined in writing.
      2. In cases of suspension or expulsion, behavioral assessment conditions that permit the student’s satisfactory reenrollment, return or readmission to the college will be specifically outlined in writing.
  11. Loss of College Privileges or Associations
    1. Certain privileges or associations within the college are withdrawn for a specified period of time, not to exceed two (2) academic years.
    2. This includes, but is not limited to: removal from athletic events; denial of the privilege of participating in athletic teams, recreational/sports activities, student organizations; holding office in an organization; or revocation of social or fundraising privileges for student organizations.
  12. Disciplinary Probation
    1. A specified period of time during which a student has an opportunity to demonstrate his/her ability to be a responsible member of the college community.
      1. Formal notification that the student’s conduct is unacceptable, and if further violation(s) of the Code follows, the college may take more severe disciplinary action.
    2. Disciplinary Probation may impact a student's eligibility to participate in college sponsored activities, programs or services, or to serve in leadership positions.
    3. Any further violation(s) of the Code of Conduct may place the student’s status with the college in jeopardy, and may result in a higher level sanction.
  13. Deferred Suspension
    1. A sanction of suspension may be deferred pending successful completion of all educational assignments or other outlined sanctions specified as a condition of the deferred sanction.
    2. All sanctions must be completed by the specified deadline date to satisfy the conditions of the deferred sanction.
    3. If a student fails to complete all the sanctions as set forth for a deferred sanction, suspension from the college will automatically be enacted without further review.
    4. For students found responsible for misconduct that results in a deferred sanction, the conferring of an academic degree will be deferred for the duration of the sanction.
  14. Suspension (Individual Student)
    1. Separation of the student from the college, including removal from enrollment, revocation of other privileges or activities, and denial entry to all college premises for a period of time not to exceed two (2) years.
    2. Conditions that will permit the student’s readmission, if appropriate, will be specifically outlined in writing. Any communications with the college during the period of suspension must be directed to the student conduct officer.
  15. Suspension (Student Organization)
    1. Separation of the student organization from the college, including revocation of other privileges or activities, and denial or revocation of registration/recognized status as a student organization for a period of time not to exceed two (2) years.
    2. Conditions that will permit the student organization’s reinstatement, if appropriate, will be specifically outlined in writing. Any communications with the college regarding the organization’s status during the period of suspension must be directed to the student conduct officer.
  16. Dismissal (Individual Student)
    1. Separation of the student from the college, including removal from enrollment, revocation of other privileges or activities, and denial of entry to all college premises for a period of two (2) years to five (5) years.
    2. Conditions that will permit the student’s readmission, if appropriate, will be specifically outlined in writing. Any communications with the college during the period of dismissal must be directed to the student conduct officer.
  17. Dismissal (Student Organization)
    1. Separation of the student organization from the college, including, revocation of other privileges or activities, and denial or revocation of registration/recognized status as a student organization for a period of two (2) years to five (5) years.
    2. Conditions that will permit the student organization’s reinstatement, if appropriate, will be specifically outlined in writing. Any communications with the college regarding the organization’s status during the period of suspension must be directed to the student conduct officer.
  18. Expulsion (Individual Student)
    1. Complete termination of a student’s status and academic enrollment at the college. Any communications with the college during the period of expulsion must be directed to the vice president for student affairs or designee.
Academic Dishonesty Penalties
1. For academic dishonesty cases, the following shall apply:
  1. If the instructor determines that an act of academic dishonesty has occurred, the instructor may:
    1. Issue a verbal warning;
    2. Require the student to resubmit the work/assignment;
    3. Require the student re-take a quiz or examination;
    4. Assign a lower grade on the assignment or examination;
    5. Issue a grade of zero (0) on the assignment, lab work, internship or examination; and/or
    6. Issue a failing grade for the course, lab or internship.
  2. Instructors are encouraged to report all academic misconduct incidents to the Student Conduct Office.
    1. A record of reports forwarded to the Student Conduct Office will be maintained in a confidential file.
    2. Except as provided below in Item 3, when a report of academic dishonesty is submitted to the Student Conduct Office, and it is the student’s first offense, the student conduct officer shall send a letter to the student confirming informal action and outlining the consequences of subsequent academic dishonesty offenses. A copy of the letter shall be provided to the instructor and appropriate academic dean.
      1. Students have the right to appeal the decision of an instructor regarding grading in accordance with the Instructional or Grade Complaint Process established by the college.
    3. Instructors have the right to request formal action be taken by the college for any acts of academic misconduct.
    4. In cases where a student has multiple incidents of academic misconduct recorded, the student conduct officer reserves the right to proceed with formal charges of a violation of this Code against the student.
Appeals
1. Appeal Information
  1. Students determined to have violated the Code of Conduct may request an appeal of the disciplinary outcome and/or of the imposed disciplinary sanction(s). A written appeal request must be submitted within five (5) business days of the receipt of the written decision of the student conduct officer or Judicial Review Board to the appropriate appellate body listed in Appellate Forums section of this Code. If the Respondent does not submit a request for appeal of the student conduct officer’s or Judicial Review Board’s decision within that time frame, the decision of the student conduct officer or Judicial Review Board will become final.
    1. All appeals must be requested, in writing, through the Office of the vice president for student affairs or designee.
    2. If a student files an appeal request, the sanctions are not enacted until a final decision is made by the appellate body, except in cases of an interim suspension, campus access restriction or if it is determined by the vice president for student affairs or designee that the student poses a threat to the safety or welfare of the college community.
2. Burden of Proof
  1. The burden of proof at the appellate level rests with the student requesting the review to clearly demonstrate that an error has occurred during the disciplinary process. An appeal review is not a re-hearing of the disciplinary case, but rather a review of the specified error as outlined in the Grounds for Appeal section of this Code.
3. Appellate Forums
  1. Decisions of an instructor related to academic misconduct offenses occurring as part of an academic course that do not result in formal disciplinary charges by the student conduct officer may be appealed through the Instructional or Grade Complaint Process established by the college. Decisions of the student conduct officer or Judicial Review Board may be appealed to the vice president for student affairs or designee.
    1. The vice president for student affairs or designee has the authority to refer the request for an appeal to an appeals review board or other appellate body established by the college president or designee.
4. Grounds for Appeal
  1. Failure to identify the basis for the appeal in the letter requesting the appeal will result in a denial of the appeal request. The valid bases for appeal are limited to:
    1. A procedural error occurred which substantially affected the outcome of the hearing. Appeals based on this consideration will be limited solely to a review of the written record and, where applicable, tape recording of the Judicial Review Board hearing.
    2. New evidence exists, which was not available at the time of the original hearing, and which would have substantially affected the outcome. The nature of the evidence must be described in full detail and support documentation must be provided with the written request for appeal.
    3. The intervention(s) or sanction(s) imposed were disproportionate to the nature of the offense.
5. Appellate Review
  1. A written appeal must be submitted within five (5) business days of the receipt of the written decision of the conduct officer or Judicial Review Board to the appropriate appellate body listed in Appellate Forums section of this Code. If the conduct officer’s or Judicial Review Board’s decision is not appealed within that time frame, the decision of the conduct officer or Judicial Review Board becomes final.
  2. Record of Appeal
    1. The record of appeal will consist of and be limited to the written appeal request, audio recording (if applicable), written decision of the student conduct officer or Judicial Review Board and any other documentation relevant to the grounds for appeal.
  3. Appellate Review
    1. The appellate body shall review the appeal request within ten (10) business days after receipt of the written appeal. Additional time may be granted at the discretion of the vice president for student affairs or designee.
    2. The appeal request review must be solely limited to the issues put forth in the appeal and the grounds for appeal as outlined in the Grounds for Appeals section of this Code.
    3. The appellate body will review the written appeal, tape recording (if applicable) and other appropriate documentation from the hearing, and determine if the student has identified a valid basis for appeal.
    4. If the student has identified a valid basis for an appeal, the appellate body will schedule an appellate conference and will notify the student, in writing, of the date and time of the appellate conference.
    5. If the appellate body determines that the student has not stated a valid basis for appeal, a written decision will be sent to the student, stating that the appeal request has been denied, along with the basis for the denial, within the five (5) business days from the decision to deny the appeal request. The decision of the appellate body will constitute final action on behalf of the college.
6. Appellate Conference Procedures
  1. If an appeal request is granted, an appellate review conference will be scheduled within ten (10) business days of the decision to grant the appeal request.
  2. The appellate conference is audio recorded.
  3. The appellate conference may involve the following:
    1. Questioning, by the appellate body, of any party involved in the disciplinary process, but limited to the Grounds for Appeal section of this Code.
    2. If the Respondent or victim (if applicable) is requested at the appellate conference, they may bring an advisor. The advisor may not speak to the appellate body or speak on a student’s behalf.
    3. The final appellate decision will be sent in writing to the Respondent, within ten (10) business days of the appellate conference, unless notification is given that additional time is necessary for consideration of the record on appeal.
    4. If a Respondent has been invited to attend an appellate conference, but fails to appear, the conference will occur in the absence of the Respondent, and the appellate body’s decision will constitute final action on behalf of the college.
7. Appellate Decisions
  1. After an appellate conference, the appellate body may:
    1. Uphold the student conduct officer’s or Judicial Review Board’s decision (sanction deadline dates may be changed to reflect the time taken to complete the appeals process).
    2. Reverse the student conduct officer’s or Judicial Review Board’s decision and dismiss the case.
    3. Modify the student conduct officer’s or Judicial Review Board’s decision.
    4. Modify the disciplinary action(s) and/or sanction(s) rendered by the student conduct officer or Judicial Review Board.
  2. Decisions of the appellate body constitute final action on behalf of the college.
Interim and Emergency Actions
1. Grounds for Interim and Emergency Action
  1. Interim and emergency action may be taken in situations, prior to an investigation or hearing, where the vice president for student affairs or designee has reasonable cause to believe a student’s alleged conduct and/or continued presence at the college poses a significant risk to the health or safety of others.
2. Types of Interim and Emergency Actions
  1. The following immediate temporary action may include an imposition of the following:
    1. Interim “No Contact Order” which prohibits communicating with a specific person, group, department or organization;
    2. Interim removal from a course, classrooms, office, building, area or any college premise;
    3. Interim restriction from participating in specified student organizations, athletic teams, academic or social activities, and/or college sponsored activities;
    4. Interim access restriction to a specific facilities, buildings, areas or classrooms; and/or
    5. Interim withdrawal or suspension from the college.
3. Interim and Emergency Action Status Change
  1. A student under interim action will remain in such status until:
    1. The interim action is revised, modified or rescinded, in writing, by the vice president for student affairs or designee; or
    2. The written outcome from a hearing or mediated forum regarding the matter warrants a change in status.
4. Interim and Emergency Action Notice
  1. An interim and emergency notice will be provided to the student, in writing, via express mail or hand delivery by a college official, within 72 hours from the decision to enact the interim and emergency action.
  2. The notice given to a student under interim action will include:
    1. Notice imposing interim action;
    2. The type(s) of interim and emergency action(s) being imposed;
    3. The specific Code charge(s);
    4. A brief description of the allegations or alleged offenses upon which the charge(s) is/are based;
    5. An invitation to attend an information session during which the charged student will be afforded an explanation of the charges and an opportunity to respond to the charges.
5. Interim and Emergency Action Hearing and Appeal Procedures
  1. Procedures for handling interim and emergency actions will be conducted in accordance with the procedures outlined in the Disciplinary Hearing section of this Code.
  2. Procedures for handling interim and emergency appeals will be conducted in accordance with the procedures outlined in the Appeals section of this Code.
Official Record of Disciplinary Proceeding
1. An audio recording will be made of all formal hearings before the Judicial Review Board. The tape recording shall be the official record of the disciplinary proceeding and shall be maintained by the vice president for student affairs or designee
2. If a tape malfunction occurs, the Judicial Review Board shall include a summary of the testimony, which is detailed to permit a review of the hearing in case of appeal.
3. A Respondent may review the tape recording of his/her hearing by scheduling an appointment with the student conduct officer. A copy of recorded hearings will not be provided to any person.
Failure to Respond to Disciplinary Action
1. A student who fails to comply with a disciplinary action or sanction within the specified time frame may be charged with the Student Conduct Code violation, “Failure to Comply.”
2. It is the student’s responsibility to notify the student conduct officer if there are mitigating circumstances that prevent him/her from completing the disciplinary action(s)/sanction(s) by a specified time frame. The student conduct officer may extend the deadline time, at his/her discretion. It is the student’s responsibility to complete all sanctions within the specified time frame to avoid a hold and or a charge of “Failure to Comply.”
3. A disciplinary hold will be placed on a student’s records if a student fails to respond to requests of disciplinary authorities or fails to comply with disciplinary action(s)/ sanctions as determined through final action of the college. The disciplinary hold will not be removed until the matter is resolved or the student has complied with all disciplinary action(s)/sanction(s).
Disciplinary Holds
1. A disciplinary hold will be placed on the records and registration of any student who:
  1. Fails to respond to a disciplinary notice by the student conduct officer or Judicial Review Board. Any pending disciplinary matters must be resolved prior to re-registration or a student’s graduation. No student will be allowed to register until the pending disciplinary proceeding is completed;
  2. Fails to comply with disciplinary sanctions. The disciplinary hold will not be removed until the student has complied with required disciplinary action(s)/sanction(s).
  3. Is under an Interim Suspension from the college. The disciplinary hold will not be removed until the pending disciplinary proceeding is completed;
  4. Is under suspension or dismissal from the college. The disciplinary hold will not be removed until the student has served the entire suspension and/or has successfully met the requirements for readmission set forth by the disciplinary or appellate authority; or
  5. Is under expulsion from the college. The disciplinary hold may be removed, upon written request, for a student to obtain his/her official transcript.
Parental Notification
1. In accordance with the Family Educational Rights and Privacy Act (FERPA), authorized college officials may inform the parents or legal guardians of students under the age of 18 of any disciplinary action taken by the college.
Delivery of Disciplinary Notification
1. The address and/or email address on file with the registrar’s office will be used for all disciplinary notices issued to a student. It is the responsibility of the student to ensure the address and email address on file with the registrar are current and updated on a regular basis.
2. In cases where the assurance of the safety of the person or others is required, written disciplinary notices may be delivered by hand to the student.
3. In cases involving a student organization, disciplinary notices will be delivered to the student organization president or chair via the organization’s student club mailbox and/or the student’s college email or other email address obtained during the information session. A copy of all disciplinary notices will be sent to the faculty adviser for the organization and college official(s) responsible for the oversight of student organizations.
Disciplinary Records
1. Official Records Management
  1. In accordance with the Family Educational Rights and Privacy Act (FERPA), all student discipline records, including records of any disciplinary proceedings and appellate records of students and student organizations (including taped audio recordings, if applicable), will be maintained by the Student Conduct Office.