Conducting of Hearings
The Impartial Decision Maker shall determine his/her own hearing procedures, keeping in mind the following guidelines:
- The student shall have the right to be heard by the Impartial Decision Maker. In the event that the student is under the age of eighteen or incapacitated, he/she may have an advisor present to assist him/her in presenting his/her case.
- Students do not have the right to be represented by an attorney during these proceedings except in the case where civil or criminal actions concerning the student are pending and in that case the attorney's role shall be advisory only.
- The Student is responsible for presenting his/her own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing except as provided in #1 above.
- The student shall have the right to identify documents, witnesses and other materials he/she would like the Impartial Decision Maker to review before making a final decision.
- Hearings shall be conducted in private unless all parties agree otherwise.
- A record of the hearing should be maintained by the Impartial Decision Maker.
Determination by Impartial Decision Maker: The Impartial Decision Maker shall make his/her Findings and Determinations in a closed meeting out of the presence of any parties to the appeal. Separate findings are to be made as to the conduct of the student, and on the sanction(s), if any, to be imposed. No discipline shall be imposed on the student unless the Impartial Decision Maker is persuaded by a preponderance of the evidence that the student committed the alleged conduct and that it constituted a violation of the Code of Conduct and/or College regulations; that the student should be sanctioned (including modifying the sanction imposed below); and that the discipline is reasonable given the violation. The student and the Chief Student Services Officer shall be given written Notice of the decision. The decision shall be issued within five (5) calendar days of the close of the hearing and it shall become final unless a petition for review is filed.
Petition for Review: The Chief Student Services Officer or the student may petition the College President to review the Impartial Decision Maker's decision by filing a written petition within five (5) days after notification of the decision. If a review is requested, the other party will be given three (3) days to respond to the petition and his/her response materials will be given to the College President to review before a decision on the petition is made.
President's Decision: The College President shall review the record of the case and the petition and may affirm or reverse the decision of the Impartial Decision Maker. The record shall consist of the Impartial Decision Maker's written documents and the recording of the hearing and any written materials submitted in support of the Petition for Review. The College President shall notify the Chief Student Services Officer and the student in writing of his/her decision within fourteen (14) days of service of the Petition for Review. The College President's decision is final.
Miscellaneous
- College disciplinary proceeding may be instituted against a student charged with violation of a law if the violation occurred at the College or College-sanctioned activity or was of such a nature as to impact upon the College which is also a violation of the College's Student Code of Conduct. Proceedings under this Procedure may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.
- Time limits for scheduling of hearings may be extended at the discretion of the Impartial Decision Maker or College President.
- The procedural rights afforded to students above may be waived by the student.
Sanctions
The following sanctions may be imposed upon any student found to have violated the Student Code:
A. Warning - a notice in writing to the student that he/she is violating or has violated institutional regulations.
B. Disciplinary Probation - a written 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. Students placed on Disciplinary Probation are deemed "not in good standing" with the College.
C. Loss of Privileges - denial of specified privileges for a designated period of time.
D. Fines - previously established and published fines may be imposed.
E. Restitution - compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
F. Discretionary Sanctions - work assignments, service to the College, or other related discretionary assignments (such assignments must have the prior approval of the Vice President of Student Services).
G. Academic Sanctions - if the violation is an act of academic dishonesty, then a student can receive an academic sanction up to and including an “F” in the course.
NOTE: A student may not withdraw from a course in order to avoid possible academic and disciplinary sanctions. If a student is suspected of committing an act of academic dishonesty, then the case must be resolved before the student can initiate a withdraw. Once a student receives an “F” in any course as an academic sanction, the student cannot withdraw from the course. If a student appeals the determination or sanction, the student may not withdraw from the course until after the appeal is resolved. If the appeal process results in the sanction being upheld, then the grade of “F” for that course will be placed on the student’s official transcript.
H. Disciplinary Suspension - separation of a student from a class, organization or activity. Terms of Disciplinary Suspensions will be defined in the Notice of the Decision. In the case of disciplinary suspension from a class, tuition will not be refunded.
I. Disciplinary College Suspension - separation of the student from the College for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. Additional conditions may be attached and further disciplinary action may result if conditions are not met. Tuition for the suspended class(es) will not be refunded.
J. Expulsion - Permanent separation of the student from the College.
K. The following sanctions may be imposed upon groups or organizations:
1. Those sanctions listed above, A-F.
2. Deactivation (Suspension) – Loss of all privileges, including College recognition. Suspension shall last a minimum of one calendar year and will take effect immediately upon notification. Conditions for reinstatement will be set at the time of deactivation. Reinstatement of an organization's charter can only be granted by the Vice President of Student Services after the period of suspension, and only if all conditions for reactivation have been met.
More than one of the sanctions listed above may be imposed for any single violation.