SECTION VII

 

Student Conduct Review Process and Procedures

Charges and Hearings

A. Any member of the College community may file charges against any student/organization for misconduct. Charges shall be prepared in writing and sent to the Director of Student Conduct, who  in turn responsible for the administration of the student conduct system.

B. The Student Conduct Officer and/or  designee may conduct an investigation to determine if the charges have merit and/or if they can be disposed of administratively in a Disciplinary Conference by mutual consent of the parties involved on a basis acceptable to the Student Conduct Officer. If the charges cannot be disposed of through a Disciplinary Conference, the Director of Student Conduct and/or designee may later serve in the same matter as the student conduct body.

C. If the charges cannot be disposed of through a Resident Director Disciplinary Meeting or a Disciplinary Conference, the Student Conduct Officer shall select one of the following student conduct bodies to resolve the case: College Hearing Panel or Administrative Hearing.

D. All charges shall be presented to the charged student/organization in written form.  A time shall be set for a hearing, the minimum time limit for which is determined by the level at which the case shall be resolved. The Student Conduct Officer may not reduce the minimum time limit without the consent of the charged student/organization.

E. Hearings shall be conducted by either a College Hearing Panel, or Administrative Hearing Panel according to the following guidelines:
     1.  Hearings shall be closed to the public.
     2.  All cases will be presented by the Office of Student Conduct.
     3.  Admission of any person to the hearing shall be at the discretion of the conduct body and/or it’s Student Conduct Advisor.
     4.  In hearings involving more than one charged student/organization, the Student Conduct Officer, at his/her discretion may permit the hearings concerning each student/organization to be conducted separately.
     5.  The complainant and the charged student/organization have the right to be assisted by any advisor (unrelated to the case or incident) they choose provided the advisor is not an attorney. The student/organization may, at his/her own expense, be accompanied by an attorney when there is a pending criminal case or when there is a reasonable likelihood that a criminal complaint will be brought against the student/organization arising out of the same facts as the charge(s). In cases where criminal charges are not pending, the Conduct Officer shall be the sole authority responsible for determining whether an attorney may serve as an advisor.  Attorneys are subject to the same restrictions as other advisors. Any student/organization who elects to be accompanied by an attorney must notify the Conduct Officer at least three (3) business days in advance of the hearing.
     6.  The complainant, the charged student/organization and the student conduct body shall have the privilege of presenting witnesses, subject to the right of questioning by the student conduct body.
     7.  Pertinent records, exhibits and/or written statements may be accepted for consideration by a student conduct body at the discretion of the Conduct Advisor.
     8.  All procedural questions are subject to the final decision of the chairperson of the conduct body, in consultation with its Conduct Advisor. Administrative Hearings may be conducted without a Conduct Advisor.
     9.  After the hearing, the student conduct body shall determine (by majority vote if the student/organization conduct body consists of more than one person) whether the student has violated each section of the Code of Student Conduct, which the student is charged with violating.
     10. The conduct body’s determination shall be made on the basis of whether or not there is a preponderance of evidence which supports the finding of a violation, indicating that it is more likely than not that the charged student/organization violated the Code of Student Conduct.
     11. At the College Hearing Panel, and Administrative Hearing levels, there shall be a single, verbatim record, such as a CD recording, of all hearings. The record shall be the exclusive property of the College. Upon written request, the Office of Student Conduct shall provide a copy of the recorded proceeding at cost and with a minimum of three (3) business days notice solely to a charged student/ organization who is requesting access to this information for the purpose of filing an appeal.

F.  If a student charged with violating College policy fails to attend a scheduled hearing, the hearing will be held in the student’s absence and the student will be assumed to have entered a claim of Not in Violation to each allegation forfeiting his/her ability to present information on his/her behalf. The Conduct Officer shall then investigate to determine why the student did not attend the hearing. If the Conduct Officer determines that the absence is inexcusable, the decision of the hearing shall stand. Otherwise, the Conduct Officer may grant a new hearing.

G. Except in the case of a student charged with failing to obey the summons of a student conduct body or College official, no student may be found to have violated the Code of Student Conduct solely because the student failed to appear before the student conduct body. In all cases, the information in support of the charges shall be presented and considered.

H. Formal rules of process, procedure, and/or technical rules of evidence such as applied in criminal court are not used in student code proceedings.

 

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