VI. Procedures For Cases of Alleged Student Misconduct

The following disciplinary procedures will be used in all cases referred to the Dean of Students Office:

1. Allegations of student misconduct may be made by any member of the College Community such as students, faculty, staff, administration, etc., and, where alleged misconduct occurs outside the College boundaries, by members of the community at large. All cases of alleged student misconduct shall be referred in writing to the Office of the Dean of Students for review.
2. Allegations of disruptive behavior of a nature that does not constitute an assault or other violation of the student code will be considered by representatives of the Office of the Dean of Students before disciplinary procedures are initiated.
3. Within a reasonable period of time, the Dean of Students will give written notice to the student accused of misconduct of the charges, including a description of the act(s) and will summon the student to meet with him/her in the Dean’s Office.
4. The Dean of Students, or designee, shall attempt resolution of the problem at this first step. The charges against the student will be read to him/her and the procedures will be explained. The student will be given an opportunity to present his/her case.
5. The Dean of Students shall then make a determination of the necessity for disciplinary action, and, if so warranted, shall set appropriate misconduct penalties as outlined in this Code.
6. Upon written receipt of the Dean’s decision, the student shall have five class days to file a written appeal with the Student Standards Committee.
7. If a student chooses to appeal to the Student Standards Committee, he/she must notify the Dean of Students and then follow the procedures for review by the Committee. The written notification must include the following:
   • Name, address, student telephone number & other contact information.
   • Description, date(s), and place(s) of alleged act(s).
   • Date and by whom discipline is ordered.
   • The disciplinary penalty.
   • Date of conference with the Dean of Students.
   • Circumstances which he/she feels merit review.
   • Signature and date of receipt of the written notice from the Dean of Students.
8. This appeal hearing is not to be an adversarial process. The student shall have the right to be accompanied at the Student Standards Committee appeal hearing by an advocate of his/her choice including legal counsel. If ADA Accommodations have been granted an appeal will be made in behalf of the student by the ADA coordinator or designee. Should the student choose to be accompanied by an advocate, the student must personally present his or her evidence and position. Should the student choose to bring legal counsel, he/she must notify the Dean of Students at least three days in advance. The College shall also be represented by legal counsel.
9. The student shall have the right to present evidence and witnesses and to cross examine other witnesses. Formal rules of evidence shall not be in effect; any evidence having reasonably probative value as to a relevant fact may be admitted. When the Committee’s deliberations are concluded, the student shall be called back into the room and informed of the Committee’s recommendation by the Committee chair. The Vice President for Student Success will then take action on the recommendation(s) of the Committee.

There shall be a single verbatim record, such as a tape recording, of all hearings before the Student Standards Committee. The record shall be the property of the College.

In the case of a student’s failure to appear at the scheduled Student Standards Committee appeal meeting to present his/her case, the Committee will adjudicate the matter in absentia. In all cases, the evidence in support of the charges shall be presented and considered.

The Student Standards Committee:
The procedure that the Student Standards Committee shall follow in considering all student appeals is as follows:

1. The Student Standards Committee Chairperson shall introduce the written appeal to the Committee.
2. The appeal hearing shall be closed to the public unless the appellant requests to the Dean of Students 48 hours in advance that the meeting be public.
3. The appellant shall have the right to be accompanied at the Student Standards Committee hearing by an advocate of their choice including legal counsel. Should the appellant choose to be accompanied by an advocate, they must personally present their own evidence or position.
4. The Committee shall discuss issues, hear testimony, examine witnesses and consider available evidence pertaining to the case.
5. The appellant, as well as the Committee, shall have the right to present statements, testimony, evidence and witnesses. The appellant and the Committee shall have the right to question witnesses and to hear testimony.
6. The Committee shall submit its written findings of facts and its recommendation to the Vice President for Student Success within five class/working days of hearing the student’s appeal, unless this time is extended for good cause by the Committee. The Chair of the Committee will provide a copy of the report to the Vice President for Student Success and the appellant.
7. Within five class/working days, the appellant may submit to the Vice President for Student Success a written statement as to why the Committee’s recommendation should be modified.
8. The Vice President for Student Success, upon receiving the report, and any recommendations of the Student Standards Committee and any written statements by a party to the hearing, shall review the findings of fact and the recommendation of the Committee. The Vice President may:
   • Dismiss the charge,
   • Modify the recommendations, or
   • Execute the recommendation of the Committee.
9. Copies of this decision will be given to the appellant and other appropriate administrative officials within five class/working days after the decision is made.
10.  All hearings before the Committee shall be tape-recorded or stenographically recorded, shall be kept in a confidential file in the Office of the Dean of Students, and shall be available to the aggrieved and accused or to the College administration for a period of at least two years.

The decision by the Vice President for Student Success will be the final decision of the College.