Students have the following rights of due process when an allegation has been brought against them regarding violations of the Code of Student Conduct (except, for issues involving sex and gender based discrimination, harassment and violence, see Sexual Misconduct Policy 112):
- Students have a right to a Written Notice:
a. Upon receipt of an incident report to the Office of the Vice President of Student Services, the student in question will be sent a written notice to inform him or her of the allegations regarding the possible violation(s) of the Code of Student Conduct.
- Students have a right to an Administrative Conference:
a. The student will be advised of the date, time, and location of the Administrative Conference with the Vice President for Student Services or designee to discuss and attempt to resolve the issue.
i. If the student’s alleged actions are considered egregious or disruptive to the teaching and learning environment or to campus safety, the Vice President for Student Services or designee may suspend the student for up to ten College business days. The matter may be moved directly to a Student Due Process Hearing or referred to a Threat Assessment Team for review.
b. Outcome of Administrative Conference:
i. If the student admits responsibility for a violation(s) of the Code of Student Conduct, sanctions will be administered during the Administrative Conference process and this matter will be considered closed. The student will receive a written notice of all actions taken.
ii. If the student disagrees with the proposed resolution or denies responsibility for any offense, the matter will move to a Student Due Process Hearing which will be conducted by the Vice President of Student Services or designee.
c. If the student fails to attend the scheduled conference, then the matter will be moved to a Student Due Process Hearing.
Students have a right to a Student Due Process Hearing:
a. The hearing will be scheduled as soon as practical after receipt of an incident report of allegations deemed to be egregious in nature or after the conclusion of the Administrative Conference.
b. Prior to the hearing, the student has the right to review all evidence, including written statements made against him or her. Strict rules of evidence do not apply in the hearing.
c. A written hearing notice including the date, time, and location of the hearing will be sent to the student.
d. At the hearing, all parties involved in the incident will attend and be given the opportunity to provide evidence. All pertinent parties have a right to speak and be questioned by the Vice President of Student Services or designee during the hearing. Cross-examination between parties is not permitted during the hearing.
e. The student is allowed to be accompanied by an advocate. The advocate may not present on behalf of the student unless otherwise instructed to do so by the Vice President for
Student Services or designee. If the student chooses to have an advocate who is an attorney, the student must provide notification to the Office of the Vice President for Student Services at least three College business days prior to the hearing date. In this case, the College Attorney will be present also.
f. The student has a right to a recording of the hearing.
g. The student has a right to a written notice of the hearing outcome.
Students have a right to a final appeal:
a. The student has the right to appeal the outcome of the Student Due Process Hearing to the College President.
b. Upon receipt of the hearing decision, the student has five College business days to submit a notice requesting an appeal. This notice must be submitted in writing to the Office of the Vice President for Student Services.
c. The President’s document review does not include a new hearing but shall consist of evidence presented at the hearing along with a recording of the proceeding.
d. The President will affirm, modify, or reject the decision of the Vice President or designee. The President’s decision will be final and notification of the decision will be sent directly from the President’s office to the student.
The procedure above is in effect for all students. All meetings and/or hearings for distance learners will be arranged using email, fax, conference calls, or other agreed upon electronic means.