20.0 Discipline Procedures

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20.1 Purpose

Through the judicial process, KCC may impose sanctions and/or disciplinary action for a student found in violation of the College’s Code of Conduct. Every effort will be taken to advise and guide the student to more appropriate behavior.

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.

20.2 Rights

  1. Respondent’s Rights
    A student charged with a violation of the Code of Conduct (“Respondent”) has the right to:
    1. Receive written notice including the alleged Code of Conduct charges, specific details of the incident, and the possible range of sanctions.
    2. Access counseling or other support services upon request, coordinated through the student conduct officer or Counseling Office.
    3. Review all information in their conduct file before a hearing. The student conduct officer may restrict what is included documents as necessary to protect the identities of individuals involved.
    4. Present evidence, witnesses, and/or signed written statements on their behalf.
    5. In a formal hearing, examine witness testimony and supporting documents, except where the student has waived this right or chosen a summary resolution.
    6. Be accompanied by an adviser of their choice when participating in meetings or hearings. The adviser may not serve as a witness, represent the student, or speak on the student’s behalf.
    7. Request to testify privately, provided this does not compromise the Respondent’s right to cross-examination. The student conduct officer or chair will make the determination.
    8. Be present during all or part of the hearing, as determined by the student conduct officer or chair.
    9. Receive written notification of the disciplinary decision and any appeal outcome within 10 business days after a decision.
    10. Submit a written appeal within 10 business days of receiving the disciplinary decision (see Appeals section 21.0).
  2. Complainant’s Rights
    Complainants have the right to:
    1. Be accompanied by an adviser of their choice when participating in meetings or hearings. The adviser may not serve as a witness, represent the student, or speak on the student’s behalf.
    2. Access counseling or other support services upon request, coordinated through the student conduct officer or Counseling Office.
    3. Present evidence, witnesses, and/or signed written statements on their behalf.
    4. Submit a written impact statement to the Hearing Body, to be considered only during sanctioning if the Respondent is found responsible.
    5. Have unrelated past behavior excluded from the hearing. The student conduct officer or chair of the Judicial Review Board will determine what is unrelated.
    6. Submit questions to the Hearing Body, which will decide whether to pose them to the charged student.
    7. Request to testify privately, provided this does not compromise the Respondent’s right to cross-examination. The student conduct officer or chair will make the determination.
    8. Be present during all or part of the hearing, as determined by the student conduct officer or chair.
    9. Receive written notice of the disciplinary decision and any appeal outcome at the same time as the Respondent.

20.3 Conflicts of Interest

  1. The student conduct officer, Judicial Review Board members or any individuals who play a role in receiving, investigating, and otherwise processing complaints shall not have any conflict of interest in the process and must not participate in any case in which they are a complainant, witness, or have a personal or professional interest, bias, or prior involvement.
  2. If a conflict of interest arises, it must be disclosed. Parties who believe a conflict exists may report it to the student conduct officer, who will decide if action is needed.
  3. Judicial Review Board members may be disqualified if a conflict of interest is raised. The remaining members, excluding the challenged individual, will decide the outcome of the challenge.
  4. In cases where the challenge is against the chair or student conduct officer, the vice president for student affairs shall decide on the challenge.
  5. If a member is disqualified or disqualifies themself from a case, the student conduct officer or chair will appoint a replacement.

20.4 Administrative Authorities

  1. Student conduct officer
    1. Facilitates and oversees the student conduct process for alleged violations of college policies.
    2. Determines the type of resolution (summary, mediation or formal) as dictated by the allegations of the case and possible sanctions available.
    3. When a formal hearing is held, 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.
    2. The Judicial Review Board is composed of a procedural chair (non-voting capacity), two faculty members, two enrolled students, and two staff members.
    3. In times of limited student availability, or when a conflict of interest is identified, a hearing may proceed with 3 or 4 voting members.
  3. Role of the Judicial Review Board Chair
    1. Ensure a fair and impartial hearing and that all of the Respondent’s and Complainant’s rights are protected.
    2. If an adviser is present, review the adviser’s role and limitations during the hearing.
    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.
    5. Maintain an orderly hearing and permit no person to be subjected to abusive treatment, intimidation or harassment removing anyone who refuses to be orderly and respectful.
    6. Administer an appropriate oath of truthful testimony to the charged student and all witnesses.

20.5 Burden of Proof

  1. All disciplinary cases use the preponderance of the evidence standard, meaning it is more likely than not that the alleged conduct occurred and violates the Code of Conduct.
  2. Students are presumed not responsible unless the evidence establishes responsibility by a preponderance of the evidence.
  3. The college administration bears the burden of proving any alleged violation.

20.6 Scope of Inquiry

  1. A student’s academic or prior disciplinary record cannot be considered when determining responsibility
  2. Such records may, however, be reviewed when determining sanctions after a finding of responsibility.

20.7 Student Conduct Processes and Procedures

  1. Initiating Charges
    1. Any person may report a violation of the Code of Conduct, federal, state or local law by:
      1. Submitting a Student Behavior Incident Report form (online, 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. A report from an outside law enforcement agency is sent directly to the college.
    2. The student conduct officer will review all reports to determine if sufficient grounds exist to file charges and may request additional documentation if needed.
    3. 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.
    4. If the student conduct officer determines there are insufficient grounds to proceed, no charges will be filed, and the reporting party will be notified. Under FERPA, specific reasons for the decision may not be disclosed.
  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. The college may extend this timeframe in cases involving safety threats.
    2. Untimely complaints may be dismissed with notice to the filer.
  3. Notice of Charges
    1. When formal charges are warranted, notice of charges will be sent to the Respondent within 10 business days of the decision to proceed. Extended time may be required if further investigation or additional documentation is required to substantiate initiating student conduct charges.
    2. The notice given will include:
      1. The specific Code of Conduct or college policy 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, to review the charges, rights, and procedures.
  4. Response to Notification
    1. Students must respond within 5 business days of the notice. Extensions may be granted for verified extenuating circumstances
    2. If a student fails to respond or attend a scheduled information session, the student waives their right to an information session, and the student conduct officer will proceed according to the standard disciplinary resolution procedure.
    3. 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 a written decision, including findings and any sanctions imposed, within 10 business days of when the determination is made.
    4. 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.
  5. Information Session
    During the information session, the student will be provided the following:
    1. Clear explanation of the charges and allegations
    2. Information about rights, responsibilities, and hearing preparation
    3. The opportunity to provide information about the incident
    4. The option to proceed with summary resolution or a formal hearing
  6. Types of Resolution
    1. Summary Resolutions (Informal Hearings)
      1. Held when cases involve few or no disputed questions of fact and possible sanctions do not include separation from the college.
      2. Student chooses to accept responsibility for the alleged charge as presented.
      3. If found responsible, sanctions may be imposed immediately.
      4. Not audio recorded. Written decisions will serve as the official records of informal hearings.
      5. Students waive their right to have an adviser, cross-examine witnesses, and to a formal hearing.
      6. 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. Not audio recorded. Written and signed agreements of applicable parties may serve as the official record of mediated forums.
      4. The student conduct officer may interview other parties or review documentation relevant to the incident in determining agreement requirements and behavioral intervention plans.
      5. May include the use of mediation agreements and/or behavioral intervention plans aimed at remedying prohibited behaviors mutually agreed upon process by the Respondent and the college.
        1. 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. By signing the written agreement and/or behavioral intervention plan, the Respondent waives their right to a formal hearing and any subsequent appeal.
        2. 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. Required for alleged violations involving acts or attempted acts of Title IX violations
      3. May require the Judicial Review Board to call appropriate witnesses or obtain witness statements, reports or other information in support of the charges.
      4. Allow the presence of an adviser of the respondent’s choosing and expense.
      5. Formal hearings will be audio recorded, and the recording will serve as the official record of the proceedings.
    4. Formal Hearing Procedures
      1. Disciplinary Consolidations
        1. When possible, in cases where more than one student is charged with an alleged violation in the same incident(s), each case will be heard by the same Judicial Review Board.
        2. The charged students may elect to forego individual hearings in favor of a single consolidated hearing.
        3. The student conduct officer shall make the final decision on all consolidation requests.
    5. Hearing Notification
      1. Respondents will be notified, in writing (email or letter), at least five business days prior to a formal hearing, of the date and time of the hearing. Notice of the hearing will include:
        1. The date, time and location for the hearing
        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 solely because they fail 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. Hearing Procedures
      1. All hearings are private and closed to the public.
        1. The charged student and their adviser may be present for the entirety of the hearing.
        2. Witnesses may be present in the hearing only during their time of testimony.
        3. If a witness is not available in person, a written statement may be accepted.
      2. Official Record of Disciplinary Proceeding
        1. An audio recording will be made of all formal hearings before the Judicial Review Board. The recording shall be the official record of the disciplinary proceeding and shall be maintained by the student conduct officer.
        2. If a recording 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 recording of their hearing by scheduling an appointment with the student conduct officer. A copy of recorded hearings will not be provided to any person.
      3. The Formal hearing agenda will be:
        1. Call to order
        2. Introductory statement by Judicial Board Chair
        3. Procedural questions by the Judicial Board Chair
        4. Presentation of charges
        5. Respondent’s claim to each charge.
        6. Opening statement by the Respondent(s).
        7. Witness statements.
        8. Closing statements.
        9. Deliberations and decision making.
      4. Hearing Behavior
        1. 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.
        2. 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.
        3. Any person who disrupts a hearing or who fails to adhere to the guidelines set by the Judicial Review Board chair, may be dismissed from the proceedings.
      5. Deliberations
        1. Deliberations are closed, except for members of the Judicial Review Board, and are not recorded.
        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.
          2. The vote and final decision of the Judicial Review Board, including the determination of responsibility and sanctions are recorded and become the official record of the hearing.
    7. Notification of Outcome
      1. Within10 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 findings of fact used to support its determination and rationale.
        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)
        4. The procedure for requesting an appeal.
      2. The Judicial Review Board shall provide written notification of the disciplinary determination to the Complainant(s), as defined in this Code, at the same time such notification is provided to the Respondent.
      3. In cases of suspension or expulsion, the appropriate college officials will be notified in accordance with federal and state law.
      4. In all Title IX investigations, the Complainant and/or complainant and the respondent shall receive simultaneous, written notification of the Title IX determination, including information regarding appeal rights, within seven (7) days of when the determination is made.

20.8 Educational Sanctions / Interventions
When a student is found responsible for violating the Code of Conduct, one or more of the following sanctions may be imposed.

  1. Warning
    1. Verbal Warning: Notice that the student has violated the Code and that future violations may result in stronger action.
    2. Written Reprimand: Formal notice that conduct is unacceptable and that additional violations may lead to more severe sanctions.
  2. Educational Assignments
    Educational assignments are developmental tasks designed to support student learning and contribute positively to the college community. Assignments may include
    1. Apology letters
    2. Attendance at workshops or seminars
    3. Tutoring or academic support center sessions
    4. Research projects
    5. Reflection papers or essays
    6. Meetings or interviews with college officials or other appropriate individuals
    7. Planning or implementing educational programs
  3. Service Hours
    Completion of assigned service to the college or local community.
  4. Restitution
    1. Monetary compensation
    2. Property replacement or services equal to the amount of the loss or damage
    3. Restitution may also take the form of service provided to the affected person, group, or organization
  5. Campus Access Restrictions
    1. Relocation to another class, classroom, building, facility, or campus
    2. Restriction or termination of the privilege to enter specific campus areas or any campus grounds
  6. Removal from Class
    Student receives a WX grade (institutional withdrawal) and no refund will be issued unless an exception is granted by the vice president for student affairs or designee.
  7. Admission / Enrollment Revocation
    If a student is found to have provided false, fraudulent, or incomplete information in any application materials (including admission forms, residency documents, or graduation-related statements), the college may:
    1. Deny or revoke admission or further registration
    2. Invalidate academic credit earned
    3. Invalidate or revoke a degree awarded based on such credit
  8. No Contact Order
    Directive prohibiting intentional direct or indirect contact with designated individuals or groups through any means.
  9. Behavioral Assessment
    Referral for personal, mental, or academic assessment through college counseling services or a licensed external provider as designated by the vice president for student affairs or a designee. Written conditions will outline requirements:
    1. For successful completion of probation or a deferred suspension
    2. For reenrollment following suspension or dismissal.
    3. Specific documentation and testing required in the assessment
  10. Loss of College Privileges or Associations
    1. Withdrawal of certain privileges or associations for a period not to exceed two academic years.
    2. May include loss of eligibility for student organizations, athletics, recreational activities, leadership roles, or organizational fundraising/social privileges.
  11. Deferred Suspension
    1. Suspension is postponed pending completion of required sanctions.
    2. All conditions must be met by the assigned deadline.
    3. Failure to complete requirements results in automatic suspension.
    4. Degree conferral may be delayed during the deferred suspension period.
  12. Suspension (Individual Student)
    Separation from the college, including removal from enrollment, loss of privileges, and denial of campus access, for up to two years. Written conditions for possible readmission will be provided.
  13. XIII. Suspension (Student Organization
    Loss of recognized status and college privileges for up to two years. Written conditions for possible reinstatement will be provided.
  14. Dismissal (Individual Student)
    Separation from the college for two to five years, including loss of enrollment and all privileges, and prohibition from campus. Written conditions for possible readmission will be provided.
  15. Dismissal (Student Organization)
    Loss of recognized status and college privileges for two to five years. Written conditions for possible reinstatement will be provided.
  16. Expulsion (Individual Student)
    Permanent termination of student status and enrollment. All communications during the expulsion period must be directed to the vice president for student affairs or designee. Requires unanimous decision by a Judicial Hearing Board.

20.9 Academic Dishonesty Penalties

  1. Instructor-Level Actions
    1. When an instructor determines that academic dishonesty has occurred, the instructor may impose one or more of the following actions:
      1. Verbal Warning
        1. Notification that academic dishonesty has occurred, and further violations may result in more severe consequences.
      2. Assignment or Assessment Revision
        1. Require the student to resubmit the assignment
        2. Require the student to retake a quiz or examination
      3. Grade Penalties
        1. Assign a lower grade on the assignment or examination
        2. Assign a grade of zero on an assignment, lab activity, internship requirement, or examinatio
        3. Issue a failing grade for the course, lab, or internship.
  2. Reports to the Student Conduct Office
    1. Instructors are encouraged to report all academic misconduct incidents to the Student Conduct Office
    2. A record of reports will be maintained in a confidential file in the Student Conduct Office
    3. If 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.
    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
    5. Instructors have the right to request formal action be taken by the college for any acts of academic misconduct
    6. 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.

20.10. Interim and Emergency Actions

  1. Grounds for Interim and Emergency Action
    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
    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 withdrawal or suspension from the college
  3. Interim and Emergency Action Status Change
    A student under interim action will remain in such status until one of the following occurs:
    1. The interim action is modified or rescinded, in writing, by the vice president for student affairs or designee
    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, by express mail, hand delivery by a college official or KCC student email 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 that temporary action is being taken
      2. The type(s) of interim and emergency action(s) being put in place
      3. The specific Code charge(s)
      4. A brief description of the allegations that led to charge(s)
      5. An invitation for the student to attend an information session where the charges will be explained and the student can respond.

20.11. Failure to Respond to Disciplinary Action

  1. A student who fails to comply with any disciplinary action, sanction, or request within the specified time frame may be charged with the Student Conduct Code violation, “Failure to Comply.”
  2. Any student who withholds information or tries to interfere with the code of conduct process can be charged with “Failure to Comply.”
  3. It is the student’s responsibility to notify the student conduct officer if there are mitigating circumstances that prevent them from completing the disciplinary action(s)/sanction(s) by a specified time frame.

20.12 Notification

  1. Delivery of Disciplinary Notification
    1. The mailing address and/or KCC student 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. 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.
  2. Parental Notification
    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.

20.13 Disciplinary Records

  1. Disciplinary Holds
    1. A disciplinary hold will be placed on the records and registration to prohibit re-registration or a student’s graduation of any student who:
      1. Fails to respond to a disciplinary notice by the student conduct officer or Judicial Review Board.
      2. Fails to comply with disciplinary sanctions.
      3. Is under an interim suspension from the college.
      4. Is under suspension or dismissal from the college.
      5. Is under expulsion from the college.
    2. The disciplinary hold will not be removed until the student has resolved any pending disciplinary matters including
      1. Completing any pending disciplinary investigation or process
      2. Completion of disciplinary sanctions
      3. The term of suspension or dismissal has lapsed
      4. Successfully meeting the requirements for readmission set forth by the disciplinary or appellate authority
      5. Submitting a written request for a student to obtain their official transcript.
  2. Record Maintenance
    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 audio recordings, if applicable), will be maintained by the Student Conduct Office.