Procedure 5.4.1: Student Rights and Responsibilities

Effective Date: Tue, Aug 09, 1994

Amended Date: Tue, May 13, 2008

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  4. Disciplinary Procedures

    For purpose of brevity the title of "Vice President" will refer to the Chief Student Development Officer throughout this document).

    1. Immediate Suspension

      If an act of misconduct threatens the health or well being of any member of the academic community or seriously disrupts the function and good order of the College, an instructor or administrative office may direct student(s) involved to cease and desist such conduct and advise them that failing to cease and desist will result in immediate suspension. If the student(s) fail to cease and desist, the instructor may then suspend the student(s) from the class. An administrative officer may suspend the student(s) from either the class or the College until a resolution of the matter can be made.

      The instructor or administrative officer invoking such suspension shall notify the Chief Student Development Officer in writing of the individual(s) involved and the nature of the infraction as soon as possible but no more than two days following the incident. The Chief Student Development Officer shall resolve the matter in a timely fashion utilizing the steps outlined below in Section IV, C.

    2. Responsibility for Implementation

      The Vice President is responsible for implementing student discipline procedures.

    3. Disciplinary Procedures

      In order to provide an orderly procedure for handling student disciplinary cases in accordance with due process and justice, the following procedures will be followed:

      1. Charges

        Any administrative official, faculty member, or student may file charges with the Vice President against any student or student organization for violations of College regulations.

        The individual(s) making the charge must complete a charge form. (Available from the office of the Vice President) stating:

        1. Name of the student(s) involved.
        2. The alleged violation of the specific Code of Conduct
        3. The time, place, and date of the incident
        4. Names of person(s) directly involved or witnesses to the infractions
        5. Any action taken that relates to the matter
        6. Desired solution(s)

        The completed charge form should be forwarded directly to the Vice President.

      2. Investigation and Decision

        Within five(5) working days after the charge is filed, the Vice President shall complete a preliminary investigation of the charge and shall schedule a meeting with the student. After discussing the alleged infraction with the student, the Vice President may act as follows:

        1. Drop the charges
        2. Impose a sanction consistent with those shown in Section V
        3. Refer the student to a College office or community agency for services
      3. Notification

        The decision of the Vice President shall be presented to the student in writing immediately following the meeting with the student. In instances where the student cannot be reached to schedule an appointment with the Vice President or where the student refuses to cooperate, the Vice President shall send a certified letter to the student's last known address providing the student with a list of the charges, the Vice President's decision, and instructions government the appeal process (Section VI).

  5. Sanctions

    1. Reprimand: A written communication which gives official notice to the student that any subsequent offense against the Student Code of Conduct will carry heavier penalties because of this prior infraction.
    2. General Probation: An individual may be placed on General Probation when involved in a minor disciplinary offense; General Probation has two (2) important implications: the individual is given a chance to show capability and willingness to observe the Student Code of Conduct without further penalty, secondly, if the individual errs again, further action will be taken. This probation will be in effect for no more than two (2) quarters.
    3. Restrictive Probation: Restrictive Probation results in loss of good standing and becomes a matter of record. Restrictive conditions may limit activity in the College community. Generally the individual will not be eligible for initiation into any local or national organization, and may not receive any College award or other honorary recognition. The individual may not occupy a position of leadership or responsibility with any College or student organization, publication, or activity. This probation will be in effect for not less than two (2) quarters. Any violation of Restrictive Probation may result in immediate suspension.
    4. Restitution: Paying for damaging, misusing, destroying or losing property belonging to the College, College personnel, or students.
    5. Interim Suspension: Exclusion from class and/or other privileges or activities as set forth in the notice, until a final decision has been made concerning the alleged violation.
    6. Loss of Academic Credit or Grade: Imposed as a result of academic dishonesty.
    7. Withholding transcript, diploma, or right to register or participate in graduation ceremonies: Imposed when financial obligations are not met. (Will not be allowed to register until all financial obligations are met.)
    8. Suspension: Exclusion from class(es), and/or all other privileges or activities of the College for a specific period of time. This sanction is reserved for those offenses warranting discipline more severe than probation, or for repeated misconduct. Students who receive this sanction must get specific written permission from the Vice President before returning to campus.
    9. Expulsion: Dismissing a student from campus for an indefinite period losing student status. The student may be readmitted to the College only with the approval of the President.
    10. Group Probation: This is given to a College club or other organized group for a specified period of time. If group violations are repeated during the term of the sentence, the charter may be revoked or activities restricted.
    11. Group Restrictions: Removing College recognition during the quarter in which the offense occurred or for a longer period (usually not more than one other quarter). While under restriction, the group may not seek or add members, hold or sponsor events in the College community, or engage in other activities as specified.
    12. Group Charter Revocation: Removal of College recognition for a group, club, society, or other organizations for a minimum of two years. Recharter after that time must be approved by the President.

  6. Appeals Procedure

    A student who disagrees with the decision of the Vice President may request a hearing before the Disciplinary Review Committee. This request must be submitted in writing to the Vice President within three (3) working days after receipt of the Vice President's decision. The Vice President shall refer the matter to the Disciplinary Review Committee together with a report of the nature of the alleged misconduct, the name of the complainant, the name of the student against whom the charge has been filed, and the relevant facts revealed by the Vice President's investigation.

    1. Committee Composition

      Membership of the Disciplinary Review Committee shall be composed of the following:

      1. Three faculty/staff members appointed by the President of the College.
      2. Three student members appointed by the Student Government Association and approved by the President of the College.
      3. The President will appoint one administrator to serve as committee chairperson who will vote only in case of a tie.
      4. The Vice President as an ex-officio non-voting member.
      5. Committee members will serve one year from the beginning of fall quarter through summer quarter with replacements appointed by the President or SGA if necessary.
      6. At least two faculty/staff members and two students plus the chairperson must be present in order for the committee to conduct business.

    2. Procedures for Hearings Before the Disciplinary Review Committee

      1. Procedural Responsibilities of the Vice President

        The Review committee must meet within ten (10) working days of receipt of a request for a hearing. At least five (5) working days prior to the date set for the hearing, the Vice President shall send a certified letter to the student's last know address providing the student with the following information:

        1. A restatement of the charge or charges.
        2. The time and place of the hearing
        3. A statement of the student's basic procedural rights.
        4. A list of witnesses.
        5. The names of committee members.

        On written request of the student, the hearing may be held prior to the expiration of the five-day (5) notification period, if the Vice President concurs with this change.

      2. Basic procedural rights of students include the following:
        1. The right to counsel. The role of the person acting as counsel is solely to advise the student. The counsel shall not address the Committee.
        2. The right to produce witnesses on one's behalf.
        3. The right to request, in writing, the President to disqualify any member of the committee for prejudice or bias. (The request must contain reasons). A request for disqualification, if made, must be submitted at least three (3) working days prior to the hearing. If such disqualification occurs, the appropriate nominating body shall appoint a replacement to be approved by the President.
        4. The right to present evidence.
        5. The right to know the identity of the person(s) bringing the charge(s).
        6. The right to hear witnesses on behalf of the person bringing the charges.
        7. The right to testify or to refuse to testify without such refusal being detrimental to the student.
        8. The right to appeal the decision of the Committee to the President who will review the official record of the hearing. The appeal must be in writing and it must be made within five (5) working days of the completion of the hearing.
      3. The Conduct of the Committee Hearings
        1. Hearings before the Committee shall be confidential and shall be closed to all persons except the
          following:
          1. The student
          2. Counsels
          3. Witnesses who shall:
            1. Give testimony singularly and in the absence of other witnesses
            2. Leave the committee meeting room immediately upon the completion of the testimony.
        2. The hearing will be tape recorded. Tapes will become the property of the College, and access to them will be determined by the Chairperson of the Committee and the Vice President. All tapes will be filed in the office of the Vice President.
        3. The Committee shall have the authority to adopt supplementary rules of procedures consistent with this code.
        4. The Committee shall have the authority to render written advisory opinions concerning the meaning
          and application of this code.
        5. Upon completion of a hearing, the Committee shall meet in executive session to determine concurrence or non-concurrence with the original finding and to recommend sanctions, if applicable.
        6. Decisions of the Committee shall be made by majority vote.
        7. Within two (2) working days after the decision of the Committee, the Vice President shall send a certified letter to the student's last known address providing the student with the Committee's decision.

    3. Appeal to the President

      A student who refuses to accept the findings of the Committee may appeal in writing to the President within five (5) working days after receipt of the Committee's decision. The President shall have the authority to:

      1. Review the findings of the proceedings of the Committee.
      2. Hear from the student, the Vice President and the members of the Committee before ruling on an appeal.
      3. Approve, modify, or overturn the decision of the Committee.
      4. Inform the student in writing of the final decision within ten (10) working days of the receipt of the
        appeal.

    4. Appeal to the Board of Trustees

      Any party of the Review Committee hearing may request in writing, a hearing before the Board of Trustees or a committee of the board as an appeal of the President's decision within five (5) working days of that decision. The Board of Trustees or a committee of the Board may review information to date and render a decision without the personal appearance before them of the parties of the Review Committee hearing or they may choose to have the parties involved in the hearing appear before them before rendering a decision. The decision of the Board will be made within twenty (20) working days and will be final.

  7. Student Grievance Procedure

    1. Purpose

      The purpose of the student grievance procedure is to provide a system to channel student complaints against faculty and staff concerning the following:

      1. Alleged discrimination on the basis of age, sex, race, disability or other conditions, preference or behavior, excluding sexual harassment complaints.
      2. Sexual harassment complaints should be directed to the Vice President. Because of the sensitive nature of this kind of complaint, a conference with the Vice President will replace the first step of the grievance procedure. The Vice President will counsel with the student to determine the appropriate action that is required. If the grievance is not resolved after this meeting, then the remainder of the grievance procedure will be followed.
      3. Academic matters, excluding individual grades, except where the conditions in item A above apply.

    2. Procedures

      1. First Step

        The student must go to the instructor or staff member where the alleged problem originated. An attempt will be made to resolve the matter equitably and informally at this level. The conference must take place within five (5) working days of the incident which generated the complaint.

      2. Second Step

        If the grievance is not resolved at the informal conference, the student may file a written grievance. A grievance form shall be made available to the student by the Vice President. The Vice President will explain the grievance process to the student. The completed grievance form must be presented to the Vice President within five (5) working days after satisfying the first step in the grievance process. The Vice President will then refer the grievance to the immediate supervisor involved. The supervisor shall respond in writing to the student within ten (10) working days of receipt of the grievance form from the department involved.

      3. Third Step

        The student must go to the instructor or staff member where the alleged problem originated. An attempt will be made to resolve the matter equitably and informally at this level. The conference must take place within five (5) working days of the incident which generated the complaint.

        If the written statement of the supervisor does not satisfy the grievant, a request to appear before the Student Grievance Committee may be made. The student must submit a written request within five (5) working days after receiving the written response of the supervisor. The request shall include a copy of the original grievance form and the reason why the supervisor's response is unsatisfactory. A copy of the supervisor's response must be attached to the request by the student.

        The Vice President shall notify immediately the President who shall insure that the Committee is organized in a manner consistent with Section C of this procedure (The Student Grievance Committee). The Vice President will send copies of the appeal to the members of the Committee, the employee, and the employee's supervisor. The employee against whom the grievance was filed shall be given an opportunity to respond in writing to the chairperson of the Committee.

        Meeting(s) shall be conducted between five (5) and fifteen (15) working days following the date of the request. A postponement may be granted by the chairperson upon written request of either party if the reason stated justifies such action.

        The Committee shall hold interviews with the grievant, the employee, and the supervisor, singularly, and in the absence of other witnesses. The committee may interview any additional witnesses that it considers necessary to render a fair decision.

        The Committee shall decide by a majority vote the solution of the grievance. In case of a tie, the chairperson shall vote thus breaking the tie. The chairperson shall forward a copy of the Committee's decision to all parties involved and to the office of the President of the College within two (2) working days.

      4. Fourth Step

        The Committee's decision may be appealed by either party involved to the President of the College within ten (10) working days of the Committee's decision.

        The President shall review the Committee's findings, conduct whatever additional inquiries that are deemed necessary, and will render a decision within ten (10) working days to receipt of the appeal.

      5. Fifth Step

        The President's decision may be appealed by either party involved to the Board of Trustees of the College within ten (10) working days of the President's decision.

        The Board Of Trustees or a committee of the Board shall review any information to date, conduct whatever additional inquiries deemed necessary and render a decision within twenty (20) working days of receipt of the appeal.

    3. The Student Grievance Committee

      The Disciplinary Review Committee may serve as the Student Grievance Committee or, at the direction of the President, a new committee may be formed for each grievance. Committee makeup and method of appointment will be the same as for the Disciplinary Review Committee.

    4. Right of Parties Involved in a Grievance

      When a grievance committee meeting is scheduled, the parties involved are entitled to:

      1. A written notice of the complaint.
      2. A written notice of the time and place of the meeting. This notice shall be forwarded to all parties at least five (5) working days prior to the meeting unless they waive this requirement.
      3. Review all available evidence, documents, or exhibits that each party may present at the meeting.
      4. Have access to the names of the witnesses who may testify.
      5. Appear in person and present information on his or her behalf, call witnesses, and ask questions of any person present at the meeting.
      6. The right to counsel. The role of the person acting as counsel is solely to advise the client. The counsel shall not address the Committee.
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