A. Disciplinary Procedures.
The vice president of academic and student development services of student development services is responsible for the administration of disciplinary procedures. Allegations of violation of college policy are accepted for consideration only when the apparent infractions are observed on college property or other locations where the college provides services. Infractions of federal, state or local laws occurring off campus shall be the concern of the civil authorities except when such actions:
1. directly affect health, safety or security;
2. affect the college's pursuit of its educational purposes; or
3. occur as a direct result of a college connected disruption.
Reports of alleged student violations of published college regulations may be submitted by any individual to the dean of student development services. It is the responsibility of the dean of student development services to interpret the alleged misconduct with regard to published regulations and to identify specific charges that will be brought against the student(s) involved. Disciplinary proceedings will be instituted only for charges of violating college regulations.
After reviewing the allegations, specifying the charges, and obtaining any necessary information, the dean of student development services will hold an administrative hearing including in the discussion the nature and source of the charges and the student's rights and responsibilities. Following this hearing, the dean of student development services, may impose appropriate sanctions 1-5 (see the section on Disciplinary Sanctions). Should either the student or the person initiating charges choose to appeal the decision of the hearing, the choice will be one of the following:
1. An administrative hearing by the Vice president of academic and student development services. Following this hearing the vice president of academic and student development services may impose disciplinary sanction. (See the section on Disciplinary Sanctions.) If a sanction is imposed by the vice president of academic and student development services, the student may appeal the sanction to the Student-Faculty Judiciary Committee (see section on Appeals Procedures) within ten (10) working days of written notification from the vice president of academic and student development services.
2. A hearing before the Student-Faculty Judiciary Committee may impose a disciplinary sanction. If the Student-Faculty Judiciary Committee imposes a sanction, the student may appeal the sanction to the president within ten (10) working days of the receipt of formal written notification from the committee. The Student-Faculty Judiciary committee will follow additional procedures with violations of the college[SNGQT]s sexual misconduct policy as outlined in the policy. However, should both parties choose to appeal and choose different methods, the vice president of academic and student development services will make the decision.
B. The Student-Faculty Judiciary Committee
The Student-Faculty Judiciary Committee consists of the following members:
1. One (1) dean appointed by the president. The dean will serve as chairman of the committee
2. Three (3) faculty members appointed by the president
3. Three (3) students appointed by the president of the Student Government Association. (See sect. 3, Article II of Student Government Constitution). All disciplinary cases heard by the Student-Faculty Judiciary Committee will be decided by a vote in which twothirds of the membership concurs.
C. Procedural Safeguards for Students.
In order to provide an orderly procedure for handling disciplinary cases that give the student due process and justice, the following safeguards will be available:
1. The student will receive written notification of the time, place, and date of any hearing within at least ten (10) working days. Request for delay must be submitted inwriting to the hearing body.
2. The student will receive a written statement of the charges and will be allowed access, upon request, to any and all materials which will be introduced by the collegeat all hearings as evidence against the student.
3. The student may elect not to appear at a hearing, but the hearing will still be held in the student's absence.
4. The student may submit a signed statement to the vice president of academic and student development services or the Student-Faculty Judiciary Committee which includes any information or facts the student wishes to be considered in the review of the case whether or not the student chooses to appear for the review.
5. All accused students have the right to be accompanied by counsel or an advisor who may come from within or without the institution. Such counsel or advisor mustrestrict participation to advising the accused, and may not participate in the actual proceedings of the hearing such as discussion or cross-examination of witnesses.
6. Hearings will be closed to the public and press. All proceedings and decisions will be considered confidential unless the student expressly requests that they be open.
7. All evidence against a student will be presented in the student's presence, and the student will be permitted to question and confront any witnesses.
8. The student will be given the opportunity to speak and to present witnesses.
9. Students may remain silent if they choose to do so.
10. The burden of proof will rest with those bringing the charges.
11. All decisions will be based only on evidence presented before the hearing body.
12. The student will receive written notification of any hearing body's decision within fifteen (15) working days after the conclusion of the hearing and preparation of transcript or record of testimony if necessary.
13. A stenographic record and audio tape of any hearing will be kept by the college. Copies will be made available to the student at the student's expense.
14. The student may appeal any decision to the next higher judicial body and shall be advised in writing of the appeal procedures at the time formal notification of thedecision is given.
D. Disciplinary Sanctions
Disciplinary sanctions available to the vice president of academic and student development services and the Student-Faculty Judiciary Committee are as follows:
1. Removal of the charges against the student.
2. Admonition - An oral or written statement to a student that the student is violating or has violated college rules and may be subject to more severe disciplinary action.
3. Disciplinary probation - Removal of the privilege of participating in co-curricular activities of the college, including the holding of any student office, for a period of time not exceeding one school year.
4. Restitution - Reimbursement for damage to or misappropriation of property. This may take the form of appropriate service or other compensation.
5. Other appropriate disciplinary sanction specifically related to the charges.
6. Disciplinary suspension - Exclusion from attending the college as a student for a definite period of time not to exceed one year.
7. Dismissal from the college - Termination of student status for an indefinite period. The conditions of the readmission, if any, will be stated in the order ofdismissal.
These sanctions are mutually exclusive except that restitution may be required in addition to items 2, 3, 5, and 6.
A student, pending a hearing, may be suspended by the president or the president's designee and barred from the campus if the student's presence is deemed a danger toothers or is likely to be disruptive to the normal educational activities of the college.Nothing in these procedures should be construed to prevent the president from taking such official steps as deemed necessary except that final action should be in accordance with the above procedures. Before a student may be suspended, the student will be informed of the reasons for the suspension and will be provided an informal opportunity to make an oral response, except in exigent circumstances, in which case the student will be given said opportunity as soon as is practicable.
E. Appeal Procedure
1. All appeals must be submitted in writing within ten (10) working days of the receipt by the student of the decision of any hearing body and must indicate the basis for the appeal.
The decision of the vice president of academic and student development services may be appealed, in turn, at the following levels:
a) Student-Faculty Judiciary Committee
b) College president
2. The possible bases for appeal include, but are not limited to whether:
a) The original hearing was conducted fairly and in conformity with established procedures.
b) The original findings were fairly supported by the evidence.
c) There is new evidence or relevant facts that were not brought out in the original hearing, and which were not known or available to the appellate prior to theconclusion of the hearing.
d) The college regulations were improperly applied in that particular case.
3. Pending the outcome of the appeal hearing, the disciplinary sanctions stipulated in the original hearing shall not be imposed.
4. The Student-Faculty Judiciary Committee or president may only affirm or lessen (including reversal) the decision or return the decision to the original hearing body. The Student-Faculty Judiciary Committee or president may not impose a more severe sanction. The appellate decision will be made within fifteen (15) working days of the receipt of the written appeal by the appellate body.
F. Disciplinary Records
All records of disciplinary action will remain confidential, will remain separate from the student's academic record, will be maintained in the office of the vice president of academic and student development services and will not be available to unauthorized persons on campus or to any person off campus, without the express written permission of the student involved. Exceptions will be made only under the conditions specified in the Family Education Rights and Privacy Act of 1974, as amended, and under a court order or subpoena.