503.1   STUDENT CODE OF CONDUCT PROCEDURE

 

503.1.1   ASSUMING SELF-RESPONSIBILITY   

Self-responsibility entails respect for student rights, eliminating blame, acknowledging mistakes, working towards constructive change, and challenging injustice and unethical acts of others. As a member of the campus community, students are expected to be responsible for themselves, to assist others in accepting their responsibilities, and to help make the College community a better place.

 

503.1.2 STATEMENT OF COMMITMENT TO STUDENTS

   Coconino Community College provides personalized and accessible opportunities in higher education by offering transfer, career, and technical programs, and community interest courses.

 

503.1.3   STUDENT CODE OF CONDUCT

1.   Coconino Community College offers its students the opportunity to learn in an environment where individual rights are respected. As in any group situation, respect for individual rights is best achieved when each group member acts in ways that are reasonable and responsible. Conduct is expected to be consistent with the learning environment and is subject to standards set by the College.

2.   The Student Code of Conduct is designed for the promotion and protection of such an environment at the College and to balance the rights and needs of the individual with the responsibility of the individual to the College community.

3.   Listed below are the conducts, which may lead to College disciplinary actions or possible dismissal:

A.   Conviction of a crime or continued misconduct of any type that is an infraction of the established laws of the city, county, state, or nation.

B.   Possession, use, solicitation, or distribution of intoxicating liquors, narcotics, controlled substances or illegal drugs on College-owned or controlled property.

C.   Theft or conversion of College-owned property, possession of stolen property, or unauthorized entry into College-owned or controlled property.

D.   Malicious destruction of College or personal property.

E.   Endangering or threatening the life or physical safety of others or self, including detention or physical abuse of any person.

F.   Failure to meet financial obligation to the College.

G.   Falsification, misuse, or forgery of College records or documents including the Student ID card.

H.   Knowingly furnishing false or incomplete information to the College or to a College representative or official in response to an authorized request including a legitimate request by an identified College official that a person identify him/herself.

I.   Possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons or instruments on College-owned or controlled property except as expressly authorized by the law or by institutional regulation.

J.   Behavior which interferes with the orderly functioning of the College, interferes with an individual’s pursuit of an education, or disrupts the learning environment on College-owned or controlled property or during an authorized College class, field trip, seminar or other meeting, or College-related activity on or off College property.

 

503.1.4   SANCTIONS

1.   In addition to interim and final action, a student may be ordered to leave College property when the President or any College employee with the responsibility to maintain order has reasonable grounds to believe the student is committing any act which interferes with or disrupts the lawful use of College property by others, or that the person has entered the property for the purpose of committing such an act.

 2.   The following disciplinary sanctions may be imposed singly or in combination:

A.   Admonition:    An oral statement to a student that he/she is violating or has violated institutional rules, regulations and/or policy.

B.   Warning:   Written notice that a violation of the Code has been committed and the continuation or repetition of misconduct may result in more severe disciplinary action.

C.   Administrative Hold:   A status documented in the Registrar’s official file which precludes the student from registering until clearance has been received from the Vice President for Student Affairs or designee in accordance with College rules and regulations.

D.   Restitution: Reimbursement, which may include work assignments, for damage to or misappropriation of property, or misuse of campus facilities, property, materials and/or supplies.

E.   Disciplinary Probation: Written notice for violation of specific regulations, including the probability of more severe disciplinary sanctions which can result in suspension or dismissal in the event of finding a violation of any institutional regulations within a stated period of time.

F.   Loss of Privileges: Loss of specific College privileges for a specified time period.

G.   Suspension:    Exclusion from class or other College activities or privileges as set forth in the notice for a definite period of time not to exceed 1 year. The President or designee has the sole authority to suspend a student from the College.

H.   Expulsion: Termination of status as a student with the College. The President or designee has the sole authority to expel a student from the College.

I.   Other sanctions permissible under existing College rules and regulations.

3.   Determination of sanctions to be imposed

Mitigating and aggravating factors may be considered in the determination of sanctions. Factors to be considered in mitigation and/or aggravation may include the individual’s prior disciplinary record, the nature of the offense, the severity of any damage, injury or harm resulting from the violation, the payment of restitution to the College or any victims, and other factors deemed appropriate.

A.   Repeated violations of the Code may result in progressively more severe sanctions; any sanction may be imposed as appropriate to the circumstances.

4.   Enforcement

A.   Student sanctions will be enforced through the use of the Student Disciplinary Procedures.

B.   The description of prohibited conduct will be subject to broad interpretation and is not designed to define misconduct in exhaustive terms.

C.   The President is authorized to take other actions or to adopt other rules, which are not inconsistent with the Code to protect the safety and well being of College property and members of the College community.

 

503.1.5   SCOPE

1.   Coconino Community College may take disciplinary action for an offense against the Code of Conduct when the offense occurs on College premises, controlled properties, at a College-sponsored event, or when an offense which occurs off campus is such that in the judgment of the Vice President for Student Affairs or designee, failure to take disciplinary action is likely to interfere with the educational process of the orderly operation of the College, or endanger the health, safety, or welfare of the College community.

2.   Violators may be accountable to both civil and criminal authorities and to the College for acts of misconduct, which constitute violations of the Code.

3.   The adoption of the Code does not prohibit the College from adopting or maintaining additional rules to govern student conduct. Charges brought under this Code may be combined with concurrent charges based on other rules. In this event, procedures for the enforcement of the Code must be used to resolve the charges.

 

503.1.6   STUDENT DISCIPLINARY PROCEDURES

1.   General Rules

The Vice President for Student Affairs or designee may seek the advice of the College’s legal counsel at any time during the disciplinary proceedings and may request the presence of legal counsel for the purpose of legal advice and representation during a disciplinary hearing.

2.   Disciplinary Hearing and Appeal

A.   A written complaint concerning student misconduct must be filed within 10 school days of the alleged incident and/or behavior with the Vice President for Student Affairs or designee.

B.   The written complaint must state sufficient facts, including specific name(s), date(s), locations, and descriptions of the alleged action(s) of misconduct to enable the Vice President for Student Affairs or designee to make a determination whether further fact-finding is necessary. The complainant must sign the complaint.

C.   Where the alleged misconduct is related to discrimination or harassment, the Vice President for Student Affairs or designee will consult with the Director for Human Resources to determine whether an affirmative action investigation is warranted. A determination by the Vice President for Student Affairs or designee will be made following disposition of the matter by the Director.

D.   Where the alleged misconduct is related to academic dishonesty, the charges will be investigated and sanctions, if any, imposed by the appropriate academic unit according to established College procedures.

3.   Interim Action

A.   At any time following the submission of a written referral, the Vice President for Student Affairs or designee may suspend a student for an interim period prior to resolution of the disciplinary proceeding if the Vice President for Student Affairs or designee believes that the information supporting the allegations of misconduct is reliable, and determines that the continued presence of the student on the College facility poses a threat to any individual, property, or College function.

B.   The decision to suspend a student by the Vice President for Student Affairs or designee, for an interim period, will be communicated in writing to the student and will become effective immediately upon sending the written notice.

C.   The interim suspension will remain in effect until a final decision has been made by the Vice President for Student Affairs or designee, on the pending charges or until the Vice President for Student Affairs determines that the reasons for imposing the interim suspension no longer exist.

D.   A student who is suspended for an interim period by the Vice President for Student Affairs or designee will be provided an opportunity to respond to the allegations of misconduct no later than 3 school days following the effective date of the interim suspension.

4.   Complaint Review Procedures

A.   The Vice President for Student Affairs or designee will make an initial determination as to whether there is a sufficient basis to believe that a violation of the Code of Conduct may have occurred. The Vice President for Student Affairs may decide to interview the complainant and/or witnesses or to request additional information from the complainant.

B.   If the Vice President for Student Affairs or designee determines that there is a sufficient basis to believe that a violation of the Code may have occurred, the Vice President for Student Affairs will promptly notify the student in writing of the alleged violation and will investigate the allegations, including interviewing witnesses and reviewing documents.

C.   Prior to the decision to impose any disciplinary action, the Vice President for Student Affairs or designee will arrange for a meeting with the student involved to discuss the complaint and allow the student the opportunity to explain his/her conduct. The meeting will be scheduled within 5 school days following receipt of the written complaint. At the meeting the student will be provided with the following:

1.   An explanation of the charges made;

2.   A summary of the fact-finding investigation, which has taken place;

3.   A reasonable opportunity for the student to reflect upon and respond on his/her behalf to the charges;

4.   An explanation of the applicable disciplinary procedures, including the student’s right to request a hearing before the Student Appeals Committee to appeal the decision by the Vice President for Student Affairs or designee.

D.   Should further fact-finding be required, the results of any further investigation will be presented to the student and an additional opportunity to respond will be provided.

E.   Within 5 school days following the meeting with the student, or receipt of the written complaint in the event the student fails to meet with the Vice President for Student Affairs during the arranged time, the Vice President for Student Affairs or designee will determine whether there is reasonable cause to believe that a violation of the Code has occurred. The Vice President for Student Affairs will further determine the appropriate sanction to apply and any mitigating factors, which may be considered, including any prior violations of the Code.

F.   If, following the meeting with the student, the Vice President for Student Affairs or designee believes that the complaint is without merit, he/she may dismiss the allegations and notify both parties involved in the complaint of the decision.

5.   The Vice President for Student Affairs or designee will inform the student of the decision, in writing, within 5 school days of making the determination. When feasible, the decision will also be communicated in a meeting with the student in attendance.

6.   The written decision will include a statement of the charges, the determination, and the sanction to be imposed, if any. The student may request a hearing to appeal the decision of the Vice President for Student Affairs or designee. A student may appeal the action of the Vice President for Student Affairs by submitting a written request to the Vice President for Student Affairs, within 5 school days following notice of the decision by the Vice President for Student Affairs. Any sanction(s) determined by the Vice President for Student Affairs will be withheld until acted upon by the Student Appeal Committee, unless additional misconduct occurs, at which time those sanctions may be immediately imposed.

 

503.1.7   REMOVAL FROM CLASS/EDUCATIONAL SERVICES

1.   An instructor or educational staff may dismiss a student from a class meeting or educational service for disruptive behavior. This action will be immediately reported (within 1 school day) to the Vice President for Student Affairs or designee. The student must confer with the Vice President for Student Affairs and the instructor or educational staff before being readmitted to the class or educational service.

 2.   An instructor or educational staff may pursue disciplinary action, including withdrawing the student from class, according to the College Disciplinary Procedures or Involuntary Withdrawal Procedures. A student may appeal the decision as outlined in the appeal process included in the Student Code of Conduct, Student Appeal Procedures.

 

 503.1.8   INVOLUNTARY WITHDRAWAL PROCEDURES

1.   Administrative action to involuntarily withdraw a student from College classes may be considered when:

A.   The student has demonstrated an inability to comply with reasonable behavioral rules and academic standards of the College community

B.   The student has demonstrated behavior, which is a substantial impediment to the lawful activities or basic rights of other students, College employees, and/or visitors

C.   There is convincing evidence that the student’s behavior demonstrates an apparent threat or harm to her/himself or others;

D.   There is convincing evidence that the student’s behavior interferes significantly with the student’s ability to understand or control his/her behavior or that the conduct is disruptive to either his/her or other’s educational process.

2.   Preference for voluntary withdrawal

The Vice President for Student Affairs or designee will discuss the circumstances with the student and, as appropriate, encourage a voluntary withdrawal of the student from the College. If a voluntary withdrawal cannot be affected, an involuntary withdrawal will be initiated by the Vice President for Student Affairs or designee.

3.   Effect on academic status

A “notation of withdrawal” will appear on the student’s transcript for the class(es) and semester in which the involuntary withdrawal occurs. Tuition and fee refunds will be based on the effective date of withdrawal according to established refund procedures.

4.   Coordination

The Vice President for Student Affairs for Student Services or designee will, when necessary:

A.   Consult with and solicit recommendations from appropriate College faculty, staff, and community agencies;

B.   Contract the parents, legal guardian, and/or spouse of the student;

C.   Administer the involuntary withdrawal.

5.   Procedure

A.   The instructor or educational staff must contact the Vice President for Student Affairs or designee to request an involuntary withdrawal of a student. Appropriate documentation supporting the request for the involuntary withdrawal must be provided following the request and subsequent to administrative action concerning withdrawal of a student.

B.   The Vice President for Student Affairs or designee will:

1.   Receive and examine appropriate records and documentation and investigate circumstances leading to the request for an involuntary withdrawal;

2.   May recommend voluntary withdrawal and provide counsel to the student concerning voluntary withdrawal procedures;

3.   Provide an opportunity for the student to meet with the Vice President for Student Affairs or designee to discuss the request for withdrawal prior to administrative initiation of an involuntary withdrawal;

4.   Initiate the involuntary withdrawal process.

6.   Administrative hold

Following an involuntary withdrawal of a student, an administrative hold will be placed on all subsequent registration until the conditions for readmission are met. The student may be barred from campus and/or College services during the period of withdrawal. The student will receive written notice of the conditions for readmission at the time the involuntary withdrawal is initiated by the Vice President for Student Affairs or designee.

7.   Emergency withdrawal

A.   An emergency involuntary withdrawal may be immediately implemented by the Vice President for Student Affairs or designee when it is determined that the student’s behavior poses an imminent threat of physical harm to him/herself or others. A student withdrawn on an emergency basis will be restricted from campus and/or mixed-use facilities. A student may request to appear before the Vice President for Student Affairs or designee within 3 school days of the emergency withdrawal to discuss the following issues only:

1.   The reliability of the information regarding the student’s behavior;

2.   Whether or not the student’s behavior poses an imminent threat of physical harm to him/herself or others.

B.   The Vice President for Student Affairs or designee will determine whether or not to initiate a continuing involuntary withdrawal at this juncture.

8.   Review procedures

The decision of the Vice President for Student Affairs or designee regarding an involuntary withdrawal may be appealed through procedures outlined in the Student Code of Conduct, Student Appeals Procedure.

9.   Readmission

A student involuntarily withdrawn from the College under these procedures may be readmitted if conditions for readmission are met. Conditions for readmission may include but are not limited to:

A.   Appropriate treatment during the student’s absence from the College;

B.   Consultation by the treating professional with the Vice President for Student Affairs or designee prior to readmission;

C.   Evidence of ability to maintain reasonable community and College standards of conduct.

 

503.1.9   STUDENT GRIEVANCES PROCEDURES

1.   General Rules

A.   Complaints are required to proceed through the Grievance Procedures in order. Complainants must be present at any and all levels of the grievance.

B.   All results at any level must be put in writing.

C.   The complainant will be given the right to due process with impartiality at all levels of proceedings.

D.   All infractions of city, county, state or federal statutes and laws will be handled by the appropriate government authorities but may also fall within the CCC grievance category.

E.   Grievance procedures will be observed for complaints not included in specific College policy and procedures. In the event a complaint concerns conduct included in a specific College policy, the procedures included in the policy will apply.

 

503.1.10   GRIEVANCE AGAINST A COLLEGE EMPLOYEE

1.   Informal Procedure:

A.   The complainant must first attempt direct resolution of a grievance, in person with the employee, with 10 school days. It is expected that in a College community, both parties should be able to resolve the grievance in a manner satisfactory to each at this level. The student must register the complaint in writing with the party against whom he/she has the grievance specifying a time period of not less than 5 school days within which a reply is expected in writing.

1.   If the grievance is not resolved, the student will state the complaint in writing, within 5 school days following the reply to the appropriate supervisor, including a copy of the written complaint issued to the employee and the employee’s written response.

2.   The supervisor will arrange for a meeting with the student and employee within 5 school days to attempt resolution of the dispute. The supervisor will then provide a written statement to the student and employee of the resolution to the dispute, or failure to resolve the dispute, including information relevant to the grievance obtained from both parties, within 5 school days following the meeting.

2.   Formal Procedure:

A.   If the dispute is not resolved at the Informal Procedure level, the student may make written request within 5 school days, for a hearing with the Vice President for Student Affairs or designee. A copy of the written complaint against the employee, a copy of the employee’s written response and a copy of the supervisor’s statement of resolution must accompany the request for a hearing.

B.   The Vice President for Student Affairs will arrange for a meeting within 10 school days, with the student, employee and supervisor to discuss the complaint and review all relevant documentation. The Vice President for Student Affairs may elect to interview witnesses and/or initiate further fact-finding activities.

C.   Within 10 school days the Vice President for Student Affairs will make a determination concerning an administrative resolution to the complaint and advise all parties in writing of the decision. The written response will include advice to the student of the right to appeal the Vice President for Student Affairs’ decision, if applicable, through the Student Code of Conduct Policy, Student Appeal Procedures.

 

503.1.11   GRIEVANCE AGAINST A STUDENT

1.   Informal Procedure:

A.   The complainant must first attempt direct resolution of a grievance in person with the student. It is expected that in a College community, both parties should be able to resolve the grievance in a manner satisfactory to each at this level. The attempted resolution must occur with 10 school days of the incident or event leading to the grievance.

B.   If the grievance is not resolved, the complainant will state the grievance, in writing, to the appropriate counselor, within 5 school days following the attempted resolution. The counselor will arrange for a meeting with the student and complainant to attempt resolution of the dispute, within 5 school days. The counselor will provide a written statement to the student and complainant of the resolution to the dispute or failure to resolve the dispute, including information relevant to the grievance obtained from both parties, within 5 school days of the meeting.

2.   Formal Procedure:

A.   If the dispute is not resolved at the Informal Procedure level, the complainant may request, in writing, within 5 school days following receipt of the above resolution, a hearing with the Vice President for Student Affairs or designee. A copy of the counselor’s statement of resolution must accompany the request for a hearing.

B.   The Vice President for Student Affairs or designee will arrange for a meeting with the student, complainant, and counselor, within 10 school days, to discuss the grievance and review all relevant documentation. The Vice President for Student Affairs may elect to interview witnesses and/or initiate further fact-finding activities.

C.   Within 10 school days the Vice President for Student Affairs or designee will make a determination concerning an administrative resolution to the complaint and advise all parties in writing of the decision. The written response will include advice to the student and complainant of the right to appeal the Vice President for Student Affairs’ decision, if applicable, through the Student Code of Conduct Policy, Student Appeal Procedures.

 

503.1.12   STUDENT APPEALS PROCEDURE

1.   Composition of the Student Appeals Committee

Composition of the Student Appeals Committee will consist of three faculty, one currently enrolled student and one member of the non-teaching staff as appointed by the President. Appointment to the Committee will occur annually or as needed for replacement of any member. Committee members will be notified in writing of their appointment. One member elected by the membership and designated the Chairperson, will serve as the presiding officer.

2.   Purpose

A.   The purpose of the Student Appeals Committee is to hear disciplinary hearings referred to the Committee by the Vice President for Student Affairs or designee, appeal by a student of disciplinary decisions imposed by the Vice President for Student Affairs or designee, unresolved disputes of student grievances, appeal of decisions to involuntarily withdraw a student from class(es), and other decisions which effect a student’s status with the College.

B.   The Student Appeals Committee provides assurances of due process to individuals and fair and uniform enforcement of College rules and regulations governing student performance and conduct.

C.   In the event the Committee is upholding a determination for suspension or expulsion from the College, the Committee will formulate a recommendation to the President or designee.

3.   General Rule

The Student Appeals Committee, at the request of the chairperson, may seek the advice of the College’s legal counsel at any time during disciplinary and/or appeal proceedings and may request the presence of legal counsel during a disciplinary or appeal hearing.

4.   Pre-Hearing Procedures

A.   The Chairperson will convene the Committee no later than ten (10) school days following receipt of the student’s request for a hearing.

B.   The Chairperson, who may be assisted by the Vice President for Student Affairs or designee, will prepare and send a written notice to the student not less than 7 school days prior to the date set for the hearing. The notice will be delivered personally or by mail direct to the address furnished by the student on his/her hearing request.

C.   The written notice will include:

1.   A statement of the date, time, location and nature of the hearing;

2.   A written statement of the charges (if applicable to the hearing), which specifies the allegations of misconduct in sufficient detail to enable the student to respond;

3.   Notice of the right to an advisor or legal counsel;

4.   A copy of the Code of Conduct and Student Disciplinary Procedures (if applicable to the hearing);

5.   A list of the committee members and the College address of the chairperson.

D.   No later than 3 school days prior to the hearing, the parties will exchange the following information in writing:

1.   A list of the names of the witnesses who may be called to speak at the hearing;

2.   A concise summary of the anticipated statement of each witness;

3.   Copies of all documents or notarized statements to be presented at the hearing;

4.   The name and title of the person who will present the evidence on behalf of the College and the name of the advisor or legal counsel who will be present to assist the student;

5.   The name of legal counsel who will be present to assist the College, if applicable.

E.   A student may challenge the participation of any member of the Student Appeals Committee on the grounds of personal bias by submitting a written statement to the Chairperson setting forth the basis for the challenge no later than 5 school days prior to the hearing. The Chairperson will determine whether to sustain or deny the challenge. If the challenge is sustained, a replacement will be appointed by the President or designee to serve on the Student Appeals Committee. If a challenge is filed against the Chairperson, the President or designee will rule on the challenge.

F.   Members of the College community will be expected to comply with any request or directive issued by the Chairperson in connection with a student appeals hearing, unless compliance would result in significant personal hardship or substantial interference with normal College functions. Noncompliance determinations will be made by the President or designee.

5.   Student Appeals Committee Review Procedures

A.   The student will be entitled to appear in person and present his/her defense to the Student Appeals Committee and may call witnesses in his/her behalf. The student may, in writing, waive hearing and consent to disciplinary action as may be imposed by the Student Appeals Committee. The student may also elect not to appear before the Committee. Should he/she elect not to appear, the hearing will be held in his/her absence and the Committee will proceed to the judgment concerning disciplinary and/or other action.

B.   The student will have the right to be represented by a willing person of his/her choice, including legal counsel (however, the College is not liable for any cost or expense incurred for representation); and have 2 persons or his/her choice in attendance as observers. The student or the advisor may ask questions of the Student Appeals Committee or of any witnesses.

C.   The student:

1.   Will not be required to testify against himself/herself;

2.   Is entitled to an expeditious hearing of his/her case;

3.   Is entitled to an explanation, in writing, of the reasons for any decision rendered by the Committee.

D.   The Chairperson is responsible for conduct, order, and format of the hearing, insuring that all persons present conduct themselves in an orderly manner. The Chairperson may dismiss anyone who may attempt to disrupt the proceedings of the Committee. The Chairperson will rule on all procedural matters. The formal rules of evidence will not apply, although objections to the introduction of specific statements may be considered by the Chairperson. Irrelevant, immaterial, or unduly repetitious information will be excluded.

E.   Hearings of the Student Appeals Committee will not be open to the public and are to be attended only by members of the Committee, a recording secretary selected by the chairperson, persons representing the College’s case, the defendant and his/her advisor, observers for the defendant (if named), and campus security personnel when appropriate.

F.   Testimony will be limited to that which is relevant and material to the Committee and the defense. Testimony by witnesses may be submitted in written form, signed and notarized, if witnesses are unable to attend the hearing. Witnesses will be excluded from the hearing except when presenting testimony.

G.   The hearing will be recorded manually or by recording device. The recording secretary will transcribe a record of the hearing and file a summary which includes a verbatim statement of the judgment reached by the Committee; the summary will be made available to all parties at the conclusion of the hearing.

H.   The Vice President for Student Affairs or designee will present the evidence, which supports the charges and will have the burden of showing by clear and convincing evidence that a violation of the Code of Conduct has been committed and/or that supports an involuntary withdrawal. In cases of grievance and/or alleged academic misconduct, evidence will be presented by the individual named in the grievance or initiating a referral of academic misconduct.

I.   The student requesting the hearing will present statements or written information in his/her own behalf. The student may be assisted through the proceeding by an advisor (including legal counsel) of his/her own choosing. The advisor’s role is limited to assisting the student unless the evidence or arguments on behalf of the Vice President for Student Affairs are presented by an attorney or special circumstances require the need for such representation (e.g. a handicapping condition which limits the ability of the student to present evidence on his/her own behalf).

6.   Deliberations and Recommendations

A.   Following the presentation of evidence and closing statements, the members of the Hearing Board shall discuss the evidence that has been presented and the reasonable inferences to be drawn from the evidence prior to reaching its decision. Only the member of the Student Appeals Committee and its legal adviser, if any, may be present during the deliberations.

B.   Based solely upon the evidence presented during the hearing, the Committee will formulate a recommendation concerning the appeal. At least 3 votes by the membership are necessary to make a recommendation regarding disciplinary action.

C.   The Hearing Board will render its recommendation in writing following the hearing, and shall communicate the recommendation to the student, the complainant, the Vice President for Student Affairs and the President no later than 5 school days following the conclusion of the hearing. The written recommendation will include findings of fact, and a statement of the reasons for the recommendation, and shall be signed by the Chairperson.

D.   The Vice President for Student Affairs or designee and/or the Student Appeals Committee may suspend a student from educational activities and may recommend suspension from the institution. The President or designee has the sole authority to suspend or expel a student form the institution.

7.   Appeal to the President

A.   The student will be notified at the hearing of his/her right to appeal the decision of the Student Appeals Committee to the President. The student will have 5 school days from the time of notification by the Student Appeals Committee of its decision to indicate, in writing, the request to appeal the Committee’s decision to the President. Otherwise, the right of appeal will be waived and the original decision will stand. Should the student appeal the action of the Committee, any sanction(s) determined by the Committee will be withheld until acted upon by the President, unless additional misconduct occurs, at which time those sanctions may be immediately imposed.

B.   The College President will make a final decision in writing within 20 school days, except when it becomes necessary to conduct further investigation or to remand the matter to the Student Appeals Committee, in which case the written decision will be transmitted no later than 10 school days following completion of the investigation of the subsequent recommendations of the Committee. The President will have access to all facts and evidence regarding the appeal including the discretion to ask questions of any or all witnesses. The President or designee will not be bound by the recommendation rendered by the Student Appeals Committee. Copies of the President’s written decision will be promptly provided to all parties and members of the Committee.

C.   Request for Review or Rehearing

1.   A student who is dissatisfied with the decision reached by the President or designee may request a rehearing or review by filing a written request with the President or designee, no later than 5 days following positing of the written decision. The request shall be based on one or more of the following grounds:

a.   Irregularities in the proceedings, including but not limited to any abuse of discretion or misconduct by the Student Appeals Committee or by the Vice President for Student Affairs or designee, which has deprived the student of a fair and impartial disciplinary process;

b.   Newly discovered material evidence which could not have been presented during the fact-finding or hearing process;

c.   Excessive severity of the sanction; or

d.   That the decision is not justified by the evidence or is contrary to law.

2.   Following receipt of the student’s request for review the President or designee will make whatever review is deemed necessary to resolve the issues that have been raised.

3.   The President or designee will respond in writing to the student’s request for review or rehearing within ten (10) days of receipt of the request. The President or designee may uphold or modify the previous decision, or grant a rehearing on the issues raised by the request. The decision of the President or designee is final and not subject to further appeal within the institutional structure.

 

503.1.1   ASSUMING SELF-RESPONSIBILITY   

Self-responsibility entails respect for student rights, eliminating blame, acknowledging mistakes, working towards constructive change, and challenging injustice and unethical acts of others. As a member of the campus community, students are expected to be responsible for themselves, to assist others in accepting their responsibilities, and to help make the College community a better place.

 

503.1.2 STATEMENT OF COMMITMENT TO STUDENTS

Coconino Community College provides personalized and accessible opportunities in higher education by offering transfer, career, and technical programs, and community interest courses.

 

503.1.3   STUDENT CODE OF CONDUCT

1.   Coconino Community College offers its students the opportunity to learn in an environment where individual rights are respected. As in any group situation, respect for individual rights is best achieved when each group member acts in ways that are reasonable and responsible. Conduct is expected to be consistent with the learning environment and is subject to standards set by the College.

2.   The Student Code of Conduct is designed for the promotion and protection of such an environment at the College and to balance the rights and needs of the individual with the responsibility of the individual to the College community.

3.   Listed below are the conducts, which may lead to College disciplinary actions or possible dismissal:

A.   Conviction of a crime or continued misconduct of any type that is an infraction of the established laws of the city, county, state, or nation.

B.   Possession, use, solicitation, or distribution of intoxicating liquors, narcotics, controlled substances or illegal drugs on College-owned or controlled property.

C.   Theft or conversion of College-owned property, possession of stolen property, or unauthorized entry into College-owned or controlled property.

D.   Malicious destruction of College or personal property.

E.   Endangering or threatening the life or physical safety of others or self, including detention or physical abuse of any person.

F.   Failure to meet financial obligation to the College.

G.   Falsification, misuse, or forgery of College records or documents including the Student ID card.

H.   Knowingly furnishing false or incomplete information to the College or to a College representative or official in response to an authorized request including a legitimate request by an identified College official that a person identify him/herself.

I.   Possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons or instruments on College-owned or controlled property except as expressly authorized by the law or by institutional regulation.

J.   Behavior which interferes with the orderly functioning of the College, interferes with an individual’s pursuit of an education, or disrupts the learning environment on College-owned or controlled property or during an authorized College class, field trip, seminar or other meeting, or College-related activity on or off College property.

 

503.1.4   SANCTIONS

1.   In addition to interim and final action, a student may be ordered to leave College property when the President or any College employee with the responsibility to maintain order has reasonable grounds to believe the student is committing any act which interferes with ordisrupts the lawful use of College property by others, or that the person has entered the property for the purpose of committing such an act.

2.   The following disciplinary sanctions may be imposed singly or in combination:

A.   Admonition:    An oral statement to a student that he/she is violating or has violated institutional rules, regulations and/or policy.

B.   Warning:   Written notice that a violation of the Code has been committed and the continuation or repetition of misconduct may result in more severe disciplinary action.

C.   Administrative Hold:   A status documented in the Registrar’s official file which precludes the student from registering until clearance has been received from the Vice President for Student Affairs or designee in accordance with College rules and regulations.

D.   Restitution: Reimbursement, which may include work assignments, for damage to or misappropriation of property, or misuse of campus facilities, property, materials and/or supplies.

E.   Disciplinary Probation: Written notice for violation of specific regulations, including the probability of more severe disciplinary sanctions which can result in suspension or dismissal in the event of finding a violation of any institutional regulations within a stated period of time.

F.   Loss of Privileges: Loss of specific College privileges for a specified time period.

G.   Suspension:    Exclusion from class or other College activities or privileges as set forth in the notice for a definite period of time not to exceed 1 year. The President or designee has the sole authority to suspend a student from the College.

H.   Expulsion: Termination of status as a student with the College. The President or designee has the sole authority to expel a student from the College.

I.   Other sanctions permissible under existing College rules and regulations.

3.   Determination of sanctions to be imposed

Mitigating and aggravating factors may be considered in the determination of sanctions. Factors to be considered in mitigation and/or aggravation may include the individual’s prior disciplinary record, the nature of the offense, the severity of any damage, injury or harm resulting from the violation, the payment of restitution to the College or any victims, and other factors deemed appropriate.

A.   Repeated violations of the Code may result in progressively more severe sanctions; any sanction may be imposed as appropriate to the circumstances.

4.   Enforcement

A.   Student sanctions will be enforced through the use of the Student Disciplinary Procedures.

B.   The description of prohibited conduct will be subject to broad interpretation and is not designed to define misconduct in exhaustive terms.

C.   The President is authorized to take other actions or to adopt other rules, which are not inconsistent with the Code to protect the safety and well being of College property and members of the College community.

 

503.1.5   SCOPE

1.   Coconino Community College may take disciplinary action for an offense against the Code of Conduct when the offense occurs on College premises, controlled properties, at a College-sponsored event, or when an offense which occurs off campus is such that in the judgment of the Vice President for Student Affairs or designee, failure to take disciplinary action is likely to interfere with the educational process of the orderly operation of the College, or endanger the health, safety, or welfare of the College community.

2.   Violators may be accountable to both civil and criminal authorities and to the College for acts of misconduct, which constitute violations of the Code.

3.   The adoption of the Code does not prohibit the College from adopting or maintaining additional rules to govern student conduct. Charges brought under this Code may be combined with concurrent charges based on other rules. In this event, procedures for the enforcement of the Code must be used to resolve the charges.

 

503.1.6   STUDENT DISCIPLINARY PROCEDURES

1.   General Rules

The Vice President for Student Affairs or designee may seek the advice of the College’s legal counsel at any time during the disciplinary proceedings and may request the presence of legal counsel for the purpose of legal advice and representation during a disciplinary hearing.

2.   Disciplinary Hearing and Appeal

A.   A written complaint concerning student misconduct must be filed within 10 school days of the alleged incident and/or behavior with the Vice President for Student Affairs or designee.

B.   The written complaint must state sufficient facts, including specific name(s), date(s), locations, and descriptions of the alleged action(s) of misconduct to enable the Vice President for Student Affairs or designee to make a determination whether further fact-finding is necessary. The complainant must sign the complaint.

C.   Where the alleged misconduct is related to discrimination or harassment, the Vice President for Student Affairs or designee will consult with the Director for Human Resources to determine whether an affirmative action investigation is warranted. A determination by the Vice President for Student Affairs or designee will be made following disposition of the matter by the Director.

D.   Where the alleged misconduct is related to academic dishonesty, the charges will be investigated and sanctions, if any, imposed by the appropriate academic unit according to established College procedures.

3.   Interim Action

A.   At any time following the submission of a written referral, the Vice President for Student Affairs or designee may suspend a student for an interim period prior to resolution of the disciplinary proceeding if the Vice President for Student Affairs or designee believes that the information supporting the allegations of misconduct is reliable, and determines that the continued presence of the student on the College facility poses a threat to any individual, property, or College function.

B.   The decision to suspend a student by the Vice President for Student Affairs or designee, for an interim period, will be communicated in writing to the student and will become effective immediately upon sending the written notice.

C.   The interim suspension will remain in effect until a final decision has been made by the Vice President for Student Affairs or designee, on the pending charges or until the Vice President for Student Affairs determines that the reasons for imposing the interim suspension no longer exist.

D.   A student who is suspended for an interim period by the Vice President for Student Affairs or designee will be provided an opportunity to respond to the allegations of misconduct no later than 3 school days following the effective date of the interim suspension.

4.   Complaint Review Procedures

A.   The Vice President for Student Affairs or designee will make an initial determination as to whether there is a sufficient basis to believe that a violation of the Code of Conduct may have occurred. The Vice President for Student Affairs may decide to interview the complainant and/or witnesses or to request additional information from the complainant.

B.   If the Vice President for Student Affairs or designee determines that there is a sufficient basis to believe that a violation of the Code may have occurred, the Vice President for Student Affairs will promptly notify the student in writing of the alleged violation and will investigate the allegations, including interviewing witnesses and reviewing documents.

C.   Prior to the decision to impose any disciplinary action, the Vice President for Student Affairs or designee will arrange for a meeting with the student involved to discuss the complaint and allow the student the opportunity to explain his/her conduct. The meeting will be scheduled within 5 school days following receipt of the written complaint. At the meeting the student will be provided with the following:

1.   An explanation of the charges made;

2.   A summary of the fact-finding investigation, which has taken place;

3.   A reasonable opportunity for the student to reflect upon and respond on his/her behalf to the charges;

4.   An explanation of the applicable disciplinary procedures, including the student’s right to request a hearing before the Student Appeals Committee to appeal the decision by the Vice President for Student Affairs or designee.

D.   Should further fact-finding be required, the results of any further investigation will be presented to the student and an additional opportunity to respond will be provided.

E.   Within 5 school days following the meeting with the student, or receipt of the written complaint in the event the student fails to meet with the Vice President for Student Affairs during the arranged time, the Vice President for Student Affairs or designee will determine whether there is reasonable cause to believe that a violation of the Code has occurred. The Vice President for Student Affairs will further determine the appropriate sanction to apply and any mitigating factors, which may be considered, including any prior violations of the Code.

F.   If, following the meeting with the student, the Vice President for Student Affairs or designee believes that the complaint is without merit, he/she may dismiss the allegations and notify both parties involved in the complaint of the decision.

5.   The Vice President for Student Affairs or designee will inform the student of the decision, in writing, within 5 school days of making the determination. When feasible, the decision will also be communicated in a meeting with the student in attendance.

6.   The written decision will include a statement of the charges, the determination, and the sanction to be imposed, if any. The student may request a hearing to appeal the decision of the Vice President for Student Affairs or designee. A student may appeal the action of the Vice President for Student Affairs by submitting a written request to the Vice President for Student Affairs, within 5 school days following notice of the decision by the Vice President for Student Affairs. Any sanction(s) determined by the Vice President for Student Affairs will be withheld until acted upon by the Student Appeal Committee, unless additional misconduct occurs, at which time those sanctions may be immediately imposed.

 

503.1.7   REMOVAL FROM CLASS/EDUCATIONAL SERVICES

1.   An instructor or educational staff may dismiss a student from a class meeting or educational service for disruptive behavior. This action will be immediately reported (within 1 school day) to the Vice President for Student Affairs or designee. The student must confer with the Vice President for Student Affairs and the instructor or educational staff before being readmitted to the class or educational service.

2.   An instructor or educational staff may pursue disciplinary action, including withdrawing the student from class, according to the College Disciplinary Procedures or Involuntary Withdrawal Procedures. A student may appeal the decision as outlined in the appeal process included in the Student Code of Conduct, Student Appeal Procedures.

 

503.1.8   INVOLUNTARY WITHDRAWAL PROCEDURES

1.   Administrative action to involuntarily withdraw a student from College classes may be considered when:

A.   The student has demonstrated an inability to comply with reasonable behavioral rules and academic standards of the College community

B.   The student has demonstrated behavior, which is a substantial impediment to the lawful activities or basic rights of other students, College employees, and/or visitors

C.   There is convincing evidence that the student’s behavior demonstrates an apparent threat or harm to her/himself or others;

D.   There is convincing evidence that the student’s behavior interferes significantly with the student’s ability to understand or control his/her behavior or that the conduct is disruptive to either his/her or other’s educational process.

2.   Preference for voluntary withdrawal

The Vice President for Student Affairs or designee will discuss the circumstances with the student and, as appropriate, encourage a voluntary withdrawal of the student from the College. If a voluntary withdrawal cannot be affected, an involuntary withdrawal will be initiated by the Vice President for Student Affairs or designee.

3.   Effect on academic status

A “notation of withdrawal” will appear on the student’s transcript for the class(es) and semester in which the involuntary withdrawal occurs. Tuition and fee refunds will be based on the effective date of withdrawal according to established refund procedures.

4.   Coordination

The Vice President for Student Affairs for Student Services or designee will, when necessary:

A.   Consult with and solicit recommendations from appropriate College faculty, staff, and community agencies;

B.   Contract the parents, legal guardian, and/or spouse of the student;

C.   Administer the involuntary withdrawal.

5.   Procedure

A.   The instructor or educational staff must contact the Vice President for Student Affairs or designee to request an involuntary withdrawal of a student. Appropriate documentation supporting the request for the involuntary withdrawal must be provided following the request and subsequent to administrative action concerning withdrawal of a student.

B.   The Vice President for Student Affairs or designee will:

1.   Receive and examine appropriate records and documentation and investigate circumstances leading to the request for an involuntary withdrawal;

2.   May recommend voluntary withdrawal and provide counsel to the student concerning voluntary withdrawal procedures;

3.   Provide an opportunity for the student to meet with the Vice President for Student Affairs or designee to discuss the request for withdrawal prior to administrative initiation of an involuntary withdrawal;

4.   Initiate the involuntary withdrawal process.

6.   Administrative hold

Following an involuntary withdrawal of a student, an administrative hold will be placed on all subsequent registration until the conditions for readmission are met. The student may be barred from campus and/or College services during the period of withdrawal. The student will receive written notice of the conditions for readmission at the time the involuntary withdrawal is initiated by the Vice President for Student Affairs or designee.

7.   Emergency withdrawal

A.   An emergency involuntary withdrawal may be immediately implemented by the Vice President for Student Affairs or designee when it is determined that the student’s behavior poses an imminent threat of physical harm to him/herself or others. A student withdrawn on an emergency basis will be restricted from campus and/or mixed-use facilities. A student may request to appear before the Vice President for Student Affairs or designee within 3 school days of the emergency withdrawal to discuss the following issues only:

1.   The reliability of the information regarding the student’s behavior;

2.   Whether or not the student’s behavior poses an imminent threat of physical harm to him/herself or others.

B.   The Vice President for Student Affairs or designee will determine whether or not to initiate a continuing involuntary withdrawal at this juncture.

 8.   Review procedures

The decision of the Vice President for Student Affairs or designee regarding an involuntary withdrawal may be appealed through procedures outlined in the Student Code of Conduct, Student Appeals Procedure.

9.   Readmission

A student involuntarily withdrawn from the College under these procedures may be readmitted if conditions for readmission are met. Conditions for readmission may include but are not limited to:

A.   Appropriate treatment during the student’s absence from the College;

B.   Consultation by the treating professional with the Vice President for Student Affairs or designee prior to readmission;

C.   Evidence of ability to maintain reasonable community and College standards of conduct.

 

503.1.9   STUDENT GRIEVANCES PROCEDURES

1.   General Rules

A.   Complaints are required to proceed through the Grievance Procedures in order. Complainants must be present at any and all levels of the grievance.

B.   All results at any level must be put in writing.

C.   The complainant will be given the right to due process with impartiality at all levels of proceedings.

D.   All infractions of city, county, state or federal statutes and laws will be handled by the appropriate government authorities but may also fall within the CCC grievance category.

E.   Grievance procedures will be observed for complaints not included in specific College policy and procedures. In the event a complaint concerns conduct included in a specific College policy, the procedures included in the policy will apply.

 

503.1.10   GRIEVANCE AGAINST A COLLEGE EMPLOYEE

1.   Informal Procedure:

A.   The complainant must first attempt direct resolution of a grievance, in person with the employee, with 10 school days. It is expected that in a College community, both parties should be able to resolve the grievance in a manner satisfactory to each at this level. The student must register the complaint in writing with the party against whom he/she has the grievance specifying a time period of not less than 5 school days within which a reply is expected in writing.

1.   If the grievance is not resolved, the student will state the complaint in writing, within 5 school days following the reply to the appropriate supervisor, including a copy of the written complaint issued to the employee and the employee’s written response.

2.   The supervisor will arrange for a meeting with the student and employee within 5 school days to attempt resolution of the dispute. The supervisor will then provide a written statement to the student and employee of the resolution to the dispute, or failure to resolve the dispute, including information relevant to the grievance obtained from both parties, within 5 school days following the meeting.

2.   Formal Procedure:

A.   If the dispute is not resolved at the Informal Procedure level, the student may make written request within 5 school days, for a hearing with the Vice President for Student Affairs or designee. A copy of the written complaint against the employee, a copy of the employee’s written response and a copy of the supervisor’s statement of resolution must accompany the request for a hearing.

B.   The Vice President for Student Affairs will arrange for a meeting within 10 school days, with the student, employee and supervisor to discuss the complaint and review all relevant documentation. The Vice President for Student Affairs may elect to interview witnesses and/or initiate further fact-finding activities.

C.   Within 10 school days the Vice President for Student Affairs will make a determination concerning an administrative resolution to the complaint and advise all parties in writing of the decision. The written response will include advice to the student of the right to appeal the Vice President for Student Affairs’ decision, if applicable, through the Student Code of Conduct Policy, Student Appeal Procedures.

 

503.1.11   GRIEVANCE AGAINST A STUDENT

1.   Informal Procedure:

A.   The complainant must first attempt direct resolution of a grievance in person with the student. It is expected that in a College community, both parties should be able to resolve the grievance in a manner satisfactory to each at this level. The attempted resolution must occur with 10 school days of the incident or event leading to the grievance.

B.   If the grievance is not resolved, the complainant will state the grievance, in writing, to the appropriate counselor, within 5 school days following the attempted resolution. The counselor will arrange for a meeting with the student and complainant to attempt resolution of the dispute, within 5 school days. The counselor will provide a written statement to the student and complainant of the resolution to the dispute or failure to resolve the dispute, including information relevant to the grievance obtained from both parties, within 5 school days of the meeting.

2.   Formal Procedure:

A.   If the dispute is not resolved at the Informal Procedure level, the complainant may request, in writing, within 5 school days following receipt of the above resolution, a hearing with the Vice President for Student Affairs or designee. A copy of the counselor’s statement of resolution must accompany the request for a hearing.

B.   The Vice President for Student Affairs or designee will arrange for a meeting with the student, complainant, and counselor, within 10 school days, to discuss the grievance and review all relevant documentation. The Vice President for Student Affairs may elect to interview witnesses and/or initiate further fact-finding activities.

C.   Within 10 school days the Vice President for Student Affairs or designee will make a determination concerning an administrative resolution to the complaint and advise all parties in writing of the decision. The written response will include advice to the student and complainant of the right to appeal the Vice President for Student Affairs’ decision, if applicable, through the Student Code of Conduct Policy, Student Appeal Procedures.

 

503.1.12   STUDENT APPEALS PROCEDURE

1.   Composition of the Student Appeals Committee

Composition of the Student Appeals Committee will consist of three faculty, one currently enrolled student and one member of the non-teaching staff as appointed by the President. Appointment to the Committee will occur annually or as needed for replacement of any member. Committee members will be notified in writing of their appointment. One member elected by the membership and designated the Chairperson, will serve as the presiding officer.

 2.   Purpose

A.   The purpose of the Student Appeals Committee is to hear disciplinary hearings referred to the Committee by the Vice President for Student Affairs or designee, appeal by a student of disciplinary decisions imposed by the Vice President for Student Affairs or designee, unresolved disputes of student grievances, appeal of decisions to involuntarily withdraw a student from class(es), and other decisions which effect a student’s status with the College.

B.   The Student Appeals Committee provides assurances of due process to individuals and fair and uniform enforcement of College rules and regulations governing student performance and conduct.

C.   In the event the Committee is upholding a determination for suspension or expulsion from the College, the Committee will formulate a recommendation to the President or designee.

3.   General Rule

The Student Appeals Committee, at the request of the chairperson, may seek the advice of the College’s legal counsel at any time during disciplinary and/or appeal proceedings and may request the presence of legal counsel during a disciplinary or appeal hearing.

4.   Pre-Hearing Procedures

A.   The Chairperson will convene the Committee no later than ten (10) school days following receipt of the student’s request for a hearing.

B.   The Chairperson, who may be assisted by the Vice President for Student Affairs or designee, will prepare and send a written notice to the student not less than 7 school days prior to the date set for the hearing. The notice will be delivered personally or by mail direct to the address furnished by the student on his/her hearing request.

C.   The written notice will include:

1.   A statement of the date, time, location and nature of the hearing;

2.   A written statement of the charges (if applicable to the hearing), which specifies the allegations of misconduct in sufficient detail to enable the student to respond;

3.   Notice of the right to an advisor or legal counsel;

4.   A copy of the Code of Conduct and Student Disciplinary Procedures (if applicable to the hearing);

5.   A list of the committee members and the College address of the chairperson.

D.   No later than 3 school days prior to the hearing, the parties will exchange the following information in writing:

   1.   A list of the names of the witnesses who may be called to speak at the hearing;

   2.   A concise summary of the anticipated statement of each witness;

   3.   Copies of all documents or notarized statements to be presented at the hearing;

   4.   The name and title of the person who will present the evidence on behalf of the College and the name of the advisor or legal counsel who will be present to assist the student;

   5.   The name of legal counsel who will be present to assist the College, if applicable.

E.   A student may challenge the participation of any member of the Student Appeals Committee on the grounds of personal bias by submitting a written statement to the Chairperson setting forth the basis for the challenge no later than 5 school days prior to the hearing. The Chairperson will determine whether to sustain or deny the challenge. If the challenge is sustained, a replacement will be appointed by the President or designee to serve on the Student Appeals Committee. If a challenge is filed against the Chairperson, the President or designee will rule on the challenge.

F.   Members of the College community will be expected to comply with any request or directive issued by the Chairperson in connection with a student appeals hearing, unless compliance would result in significant personal hardship or substantial interference with normal College functions. Noncompliance determinations will be made by the President or designee.

5.   Student Appeals Committee Review Procedures

A.   The student will be entitled to appear in person and present his/her defense to the Student Appeals Committee and may call witnesses in his/her behalf. The student may, in writing, waive hearing and consent to disciplinary action as may be imposed by the Student Appeals Committee. The student may also elect not to appear before the Committee. Should he/she elect not to appear, the hearing will be held in his/her absence and the Committee will proceed to the judgment concerning disciplinary and/or other action.

 B.   The student will have the right to be represented by a willing person of his/her choice, including legal counsel (however, the College is not liable for any cost or expense incurred for representation); and have 2 persons or his/her choice in attendance as observers. The student or the advisor may ask questions of the Student Appeals Committee or of any witnesses.

 C.   The student:

1.   Will not be required to testify against himself/herself;

2.   Is entitled to an expeditious hearing of his/her case;

3.   Is entitled to an explanation, in writing, of the reasons for any decision rendered by the Committee.

D.   The Chairperson is responsible for conduct, order, and format of the hearing, insuring that all persons present conduct themselves in an orderly manner. The Chairperson may dismiss anyone who may attempt to disrupt the proceedings of the Committee. The Chairperson will rule on all procedural matters. The formal rules of evidence will not apply, although objections to the introduction of specific statements may be considered by the Chairperson. Irrelevant, immaterial, or unduly repetitious information will be excluded.

E.   Hearings of the Student Appeals Committee will not be open to the public and are to be attended only by members of the Committee, a recording secretary selected by the chairperson, persons representing the College’s case, the defendant and his/her advisor, observers for the defendant (if named), and campus security personnel when appropriate.

F.   Testimony will be limited to that which is relevant and material to the Committee and the defense. Testimony by witnesses may be submitted in written form, signed and notarized, if witnesses are unable to attend the hearing. Witnesses will be excluded from the hearing except when presenting testimony.

G.   The hearing will be recorded manually or by recording device. The recording secretary will transcribe a record of the hearing and file a summary which includes a verbatim statement of the judgment reached by the Committee; the summary will be made available to all parties at the conclusion of the hearing.

H.   The Vice President for Student Affairs or designee will present the evidence, which supports the charges and will have the burden of showing by clear and convincing evidence that a violation of the Code of Conduct has been committed and/or that supports an involuntary withdrawal. In cases of grievance and/or alleged academic misconduct, evidence will be presented by the individual named in the grievance or initiating a referral of academic misconduct.

I.   The student requesting the hearing will present statements or written information in his/her own behalf. The student may be assisted through the proceeding by an advisor (including legal counsel) of his/her own choosing. The advisor’s role is limited to assisting the student unless the evidence or arguments on behalf of the Vice President for Student Affairs are presented by an attorney or special circumstances require the need for such representation (e.g. a handicapping condition which limits the ability of the student to present evidence on his/her own behalf).

6.   Deliberations and Recommendations

A.   Following the presentation of evidence and closing statements, the members of the Hearing Board shall discuss the evidence that has been presented and the reasonable inferences to be drawn from the evidence prior to reaching its decision. Only the member of the Student Appeals Committee and its legal adviser, if any, may be present during the deliberations.

B.   Based solely upon the evidence presented during the hearing, the Committee will formulate a recommendation concerning the appeal. At least 3 votes by the membership are necessary to make a recommendation regarding disciplinary action.

C.   The Hearing Board will render its recommendation in writing following the hearing, and shall communicate the recommendation to the student, the complainant, the Vice President for Student Affairs and the President no later than 5 school days following the conclusion of the hearing. The written recommendation will include findings of fact, and a statement of the reasons for the recommendation, and shall be signed by the Chairperson.

D.   The Vice President for Student Affairs or designee and/or the Student Appeals Committee may suspend a student from educational activities and may recommend suspension from the institution. The President or designee has the sole authority to suspend or expel a student form the institution.

7.   Appeal to the President

A.   The student will be notified at the hearing of his/her right to appeal the decision of the Student Appeals Committee to the President. The student will have 5 school days from the time of notification by the Student Appeals Committee of its decision to indicate, in writing, the request to appeal the Committee’s decision to the President. Otherwise, the right of appeal will be waived and the original decision will stand. Should the student appeal the action of the Committee, any sanction(s) determined by the Committee will be withheld until acted upon by the President, unless additional misconduct occurs, at which time those sanctions may be immediately imposed.

B.   The College President will make a final decision in writing within 20 school days, except when it becomes necessary to conduct further investigation or to remand the matter to the Student Appeals Committee, in which case the written decision will be transmitted no later than 10 school days following completion of the investigation of the subsequent recommendations of the Committee. The President will have access to all facts and evidence regarding the appeal including the discretion to ask questions of any or all witnesses. The President or designee will not be bound by the recommendation rendered by the Student Appeals Committee. Copies of the President’s written decision will be promptly provided to all parties and members of the Committee.

 C.   Request for Review or Rehearing

1.   A student who is dissatisfied with the decision reached by the President or designee may request a rehearing or review by filing a written request with the President or designee, no later than 5 days following positing of the written decision. The request shall be based on one or more of the following grounds:

 a.   Irregularities in the proceedings, including but not limited to any abuse of discretion or misconduct by the Student Appeals Committee or by the Vice President for Student Affairs or designee, which has deprived the student of a fair and impartial disciplinary process;

b.   Newly discovered material evidence which could not have been presented during the fact-finding or hearing process;

c.   Excessive severity of the sanction; or

d.   That the decision is not justified by the evidence or is contrary to law.

2.   Following receipt of the student’s request for review the President or designee will make whatever review is deemed necessary to resolve the issues that have been raised.

 3.   The President or designee will respond in writing to the student’s request for review or rehearing within ten (10) days of receipt of the request. The President or designee may uphold or modify the previous decision, or grant a rehearing on the issues raised by the request. The decision of the President or designee is final and not subject to further appeal within the institutional structure.