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Any person may bring a complaint against
a student under these procedures based on an alleged violation
of the Student Code of Conduct. All such complaints shall
be made to the Registrar in writing and in complete detail. |
| Investigation: The
Registrar or designee, within 20 working days of the complaint,
will gather relevant evidence to determine whether there is a
reasonable basis for believing that the Student Code of Conduct
has been violated. In order to make a determination, the Registrar
or designee may interview the complainant and witnesses. During
the investigation the Registrar or designee may meet personally
with the student accused. Alternatively, the student accused
may be notified of the complaint in writing and given an opportunity
to respond. In the event the Registrar or designee believes that
evidence shows that there is a reasonable basis for believing
a violation did occur, a pre-hearing conference will be scheduled. |
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Charge Procedure: If
it is determined that there is a reasonable basis for believing
that a violation of the Student Code of Conduct did occur, formal
charges will be brought. A pre-hearing conference will be scheduled
within 20 working days of that determination. Notice shall be
given at least five (5) working days in advance of the pre-hearing
conference.
The Registrar or designee shall send
the student charged with a violation a Notice of Charge which
shall:
| (1) |
set out the alleged violation of the
Student Code of Conduct, |
| (2) |
state the alleged actions or behavior, |
| (3) |
List the names of any witnesses intended
to be called by the charging party, and |
| (4) |
advise the student of his or her rights
and of the hearing procedure by attaching a copy of the
hearing procedure to the letter. |
The Registrar or designee shall notify the
student that the informal resolution of the matter may be pursued
at the pre-hearing conference.
Either the complainant or the student charged
with a violation may ask for a postponement of a scheduled
hearing by setting forth good cause in writing. Except in emergency
situations, such a written request for postponement must be
received at least three (3) working days before a scheduled
hearing in order to be considered. The Registrar or designee
may grant the request based upon good cause being shown.
The pre-hearing conference may be adjourned
for a period not to exceed 20 calendar days for further investigation
or appropriate resolution.
If a pre-hearing conference does not resolve
the matter, or the student does not attend the pre-hearing
conference, the Registrar or designee shall set a formal hearing.
If a formal hearing is set, the student may request a hearing
by the Student/Faculty Judicial Board, and such request shall
be honored. The Registrar or designee shall, in any case, have
the right to convene a Student/Faculty Judicial Board to hear
an alleged Student Code of Conduct violation.
Notice of the formal charge(s) and of the
time and place of the hearing shall be personally delivered
or sent by the Registrar or designee to the student at the
address appearing on the records of the college by registered
or certified mail and by regular mail.
The notice of a formal hearing shall
contain the following:
| 1. |
A complete and itemized
statement of the charge(s) being brought against the student
including the prohibited conduct he/she is charged with
violating, and the possible penalties for such violation. |
| 2. |
A statement that the student
has the following rights: |
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a. |
to present his/her side of the story. |
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b. |
to present relevant witnesses and evidence
on his/her behalf. Character references shall not be heard. |
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c. |
to examine witnesses presenting evidence
against the student. |
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d. |
to remain silent without assumption
of guilt. |
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e. |
to be accompanied by legal counsel or
an advisor at the student’s expense; this counsel
or advisor may assist the student but may not speak or
participate directly in any hearing. |
| 3. |
A warning that anything
the student says may be used against him/her in other proceedings
by any non-college hearing. |
| 4. |
Notice of Hearing: If a
student fails to appear at a scheduled formal hearing,
the Hearing Officer will make a ruling based upon the evidence
presented and recommend sanction(s) appropriate to the
offense, and the student will be informed in writing. |
| 5. |
Notice of at least eight
(8) working days shall be given to the student in advance
of the formal hearing. |
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Hearing
Procedures:The following procedures shall
apply to the hearing.
1. |
All hearings will be tape recorded.
Tape recordings will not be made public, but may be used
in making a determination on an appeal. |
2. |
Hearings are closed unless the
student(s) charged requests an open hearing. A request
for an open hearing must be made in writing and must
be received at least three (3) working days prior to
the hearing. |
3. |
The Registrar or designee shall
be the Hearing Officer or shall preside at the hearing
before a Student/Faculty Judicial Board. |
4. |
At the start of the hearing, the
Registrar or designee shall read the name, date, and
time of the hearing into the taped record. The composition
of the Student/Faculty Judicial Board shall be read into
the taped record. The Registrar or designee shall inform
the student(s) of the charges, his or her rights, and
the hearing procedures. The Student/Faculty Judicial
Board will consist of four (4) students appointed by
the Student Government, subject to the approval of the
Registrar, and three (3) faculty members appointed by
the MCCEA. Five (5) members shall comprise the quorum. |
5. |
The Hearing Officer shall ask
the student charged to plead responsible or not responsible.
If the student pleads responsible, the student shall
be given an opportunity to explain his/her actions. If
the student pleads not responsible, the parties shall
present the factual versions of the alleged code violation
and all evidence. |
6. |
The role of the Hearing Officer
or the Student/Faculty Judicial Board consists of listening
to the testimony, asking questions of the witnesses,
and reviewing the testimony and the evidence presented
at the hearing. The Hearing Officer or the Student/Faculty
Judicial Board shall render a factual decision as to
the existence of a violation of the Student Code of Conduct. |
7. |
After all proofs and final statements
are presented, the hearing will be adjourned. If a Student/Faculty
Judicial Board is convened, it will deliberate in unrecorded,
closed session. A decision shall be made by majority
vote and shall be based solely on the testimony and evidence
presented at the hearing and the papers filed by the
parties. A decision of the Student/Faculty Judicial Board
may include a sanction recommendation. |
8. |
No alleged violation of the Student
Code of Conduct will be found except by establishing
a violation by a preponderance of the evidence. |
9. |
The Registrar or designee will
notify all parties concerned, in writing, of the decision
and imposed sanction(s) within five (5) working days
by registered or certified mail and by regular mail. |
10. |
Witnesses expected to testify
shall not be present during the testimony of all other
witnesses. This rule does not apply to the complainant
or the student charged with the Student Code of Conduct
violation. |
11. |
Any person who disrupts a hearing
or who fails to adhere to the rulings of the Hearing
Officer may be excluded from the proceedings and may
be charged with a violation of the Student Code of Conduct. |
12. |
A disciplinary hold may be placed
on the records of any student who withdraws from the
college prior to the resolution of impending disciplinary
action. |
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Sanctions
The primary purpose for the imposition of
discipline in the college setting is to protect and preserve
the campus community. Consistent with that purpose, reasonable
efforts will be made to foster the personal and social development
of those students who are held accountable for violations of
the college’s Student Code of Conduct or college policies
and regulations.
No recommendation for the imposition of
sanctions may be based solely upon the accused student’s
failure to answer charges or failure to appear at the hearing.
In such cases, the evidence in support of the charges shall
be presented and considered.
The following sanctions, singly or in combination,
may be imposed when a student admits responsibility or is found
to have violated the college policies and/or regulations and
the Student Code of Conduct. Sanctions for violations of disciplinary
regulations consist of:
| 1. |
Warning: Notice
given orally or in writing, that continuation or repetition
of conduct may be the cause for more severe action. A
specific period of time may be stated. |
| 2. |
Censure: Written
reprimand for violating specified regulations, including
the possibility of receiving a more severe sanction in
the event of a violation of any college regulation or
policy within a stated period of time. Copies of the
reprimand may be sent to appropriate college offices
and filed in the student’s conduct file. |
| 3. |
Disciplinary Probation: Disciplinary
probation means that a further violation may result in
suspension or expulsion. Notification of disciplinary
status will be sent to appropriate college offices and
filed in the student’s conduct file. Probation
will be for a specified period of time. Conditions may
be imposed. |
| 4. |
Restitution: The
student is required to make payment to the college or
to other persons, groups, or organizations for monetary
damages incurred as a result of a violation of the Student
Code of Conduct. When appropriate, restitution may take
the form of appropriate community service or other compensation. |
| 5. |
Suspension: Separation
of the student from the college for a specified period
of time. The student shall not participate in any college
sponsored activity on or off campus and may be barred
from the college premises. Notification shall appear
on the student’s transcript and will be sent to
appropriate college offices. A suspension may be made
for any period up to one year. |
| 6. |
Disciplinary Dismissal: Permanent
separation of the student from the college. Notification
will appear on the student’s transcript. The student
may also be barred from college premises. |
| 7. |
Other Sanctions: Other
sanctions may be imposed instead of or in addition to
those specified in sections 1 through 5. For example,
students may be required to attend seminars or enroll
in specific behavior related classes, educational or
rehabilitative programs; or be assigned work, community
service or projects. |
| 8. |
Exclusion from college facilities
or activities: A student
may be prohibited from attending a class, undertaking
college employment, entering a building, participating
in an extracurricular activity sponsored by the college,
representing the college in an official capacity, running
for or holding office in any student group or organization,
being present in specific areas of the campus, or using
other services provided by the college. Such exclusion
may be for a definite or indefinite period of time. |
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Interim Suspension
If misconduct warrants an immediate suspension
from class for the remainder of the class period, the instructor
may do so without a prior hearing. If necessary, Public Safety
officers shall remove the student from the classroom upon the
oral request of the instructor. The instructor shall provide
a written notice to the Registrar or the appointed designee
as soon as possible. If suspension from additional class sessions
seems warranted, the instructor may request that the Registrar
or designee suspend the student on an interim basis.
The Registrar or appointed designee may
suspend a student for an interim period pending disciplinary
proceedings or medical evaluation, such interim suspension
to become immediately effective without prior notice, whenever
there is evidence that the continuing presence of the student
on the college premises poses a substantial threat to the physical
or emotional safety of any member of the college community
or that any personal or public property is jeopardized. A suspension
of this type will last for no more than 15 working days. A
student suspended on an interim basis shall be given an opportunity
to appear personally before the Registrar or appointed designee
within five (5) working days from the effective date of the
interim suspension.
A hearing shall then be held on the
following issues only:
| (a) |
The reliability of the information
concerning the student’s conduct, including the
matter of his/her identity. |
| (b) |
Whether the conduct and surrounding
circumstances reasonably indicate the continued presence
of the student on the college premises poses a substantial
threat to the student or to the stability and continuance
of normal college business. A procedural due process
formal hearing will be set during this 20 day period
as provided for in the Student Code of Conduct. |
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Appeal Process
A complainant or student cited may appeal
the decision of the Hearing Officer or the Student/Faculty
Judicial Board to the Dean of Student Services. The request
for appeal must be in writing and must be forwarded to the
Dean within ten calendar days of the decision rendered. Failure
to file an appeal will render the decision final and conclusive.
The basis for an appeal must be one of the following:
| A. |
The student’s right of due
process under the Student Code of Conduct was violated. |
| B. |
To determine whether the decision
reached regarding the student charged with a violation
was based on sufficient evidence. |
| C. |
Inconsistent or overly severe
imposed sanction. |
| D. |
To consider new evidence which
is sufficient to alter a decision, or other relevant
facts not brought out in the original hearing, because
such evidence and/or facts were not known to the person
appealing at the time of the original hearing. |
Appeals shall be decided upon the record
of the original proceedings and upon written summaries submitted
by the parties. A new hearing shall not be conducted.
The Dean may:
| A. |
Affirm the finding and the sanction
imposed by the Student/Faculty Judicial Board. |
| B. |
Affirm the finding and reduce,
but not eliminate, the sanction. Sanctions may only be
reduced if found to be grossly disproportionate to the
offense. |
| C. |
Remand (order back) the case to
the original Student/Faculty Judicial Board. Cases may
be remanded if specified procedural errors or errors
in interpretation of college regulations or policy were
so substantial as to effectively deny a fair hearing,
or if new and significant evidence became available which
could not have been discovered before or during the original
hearing. |
| D. |
Cases may be dismissed if the
findings are held to be arbitrary and capricious. |
On appeal, the decision of the Dean shall
be final and conclusive. |
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Revision
The Student Code of Conduct shall be reviewed
every three (3) years under the direction of the Dean of Student
Services. |
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