In developing responsible student conduct, disciplinary proceedings shall commence only after the student has been counseled or warned about said conduct from the Dean of Academics. The college will establish a method for imposing discipline, which complies with the requirements of due process. In all situations the student will be informed of the nature of the charges against him/her; that he/she be given an opportunity to refute them; that the institution not be arbitrary in its actions; and that there be provisions for appeal of a decision. The college has an obligation to specify those standards of behavior, which it considers essential to its educational mission defined as clearly as possible and interpreted in a manner consistent with principles of relevancy and reasonableness. Disciplinary proceedings will be instituted only for violations of standards of conduct.
The Dean of Academics and/or Dean of Students will be responsible for administering the Code of Conduct and for the general conduct of students. Any person who has knowledge of any such violations after referred to, as the Code, shall report all violations of law and the Code of Conduct herein immediately to the Vice President of Operations and/or Dean of Academics.
- The Dean of Academics and/or Dean of Students will ensure that the best interest of any student charged with an offense is served by making use of appropriate counseling or other professional services deemed necessary. The Dean of Academics and/or Dean of Students in seeking professional assistance and advice shall consult with a minor student's parent(s) or guardian(s).
- In cases of violations of the Code, the Dean of Academics and/or Dean of Students will impose those sanctions, which he/she deems appropriate and will inform the student of the decision in writing. He/she will further inform the student charged with misconduct and the disciplinary action. He/she will further inform the student of his/her right of appeal to the Student Appeals Board. The Student Appeals Board shall sustain, modify, or overrule the decision of the Dean of Academics and/or Dean of Students.
STUDENT APPEALS BOARD
The request for a hearing in front of a Student Appeals Board must be in writing to the Dean of Students when dealing with student services issues or the Dean of Academics when dealing with faculty or grading issues. It will be the Dean of Academics and/or Dean of Students responsibility to assemble the Student Appeals Board. The request for a hearing before the Student Appeals Board must take place within five (5) working days from receipt of written notification from the Dean of Academics and/or the Dean of Students. If the student does not appeal within the appropriate time period, the decision of the Dean of Academics and/or the Dean of Students will be final.
The student will be given written notice at least three (3) school days prior to the scheduled hearing.
1. Membership of the Student Appeals Board shall consist of:
a. One faculty selected by Dean of Academics and/or the Dean of Students
b. Two students - the President of the Student Government and one student at-large (selected by the student)
c. One Board of Trustees member
d. The Dean of Academics or Dean of Students (non-voting member)
e. One counselor selected by the Dean of Academics and/or the Dean of Students
2. All members will have equal votes. The President of the Student Government will serve as Chairperson of the Board.
3. Three out of five voting committee members will make a quorum. In the absence of a Student Government President, the Dean of Academics and/or the Dean of Students will designate an acting person from the Student Government.
4. A majority vote of those present will be required on all decisions of the Board.
1. The student appealing before the Student Appeals Board shall have the right to be assisted in his/her defense by an advisor of his/her choice.
2. Burden of proof shall rest upon the college. Each official charging a student of misconduct must be prepared to substantiate the charge.
3. The student shall be given an opportunity to testify and to present evidence and witnesses. He/she shall have an opportunity to hear and question the adverse witnesses. The Appeals Board shall not consider statements against the student unless he/she has been advised of their content and of the names of those who made them. The student must be given an opportunity to rebut unfavorable inference, which might otherwise be drawn.
4. All matters upon which the decision may be based must be introduced as evidence at the Appeals Board meeting. The decision shall be based solely upon the evidence.
5. A qualified secretary will provide an accurate record of all proceedings. A tape recording will be authorized if requested by the accused.
6. Proceedings shall be orderly. If the Chairperson of the Board feels that any person present is disruptive, he/she may be excluded from the hearing. Such disruptive conduct may be the basis for subsequent disciplinary action against such persons, including expulsion from college.
7. After the commencement of the hearing, the chairperson will notify the student that he/she may challenge, for stated causes, the qualification of any member sitting on the case. If the challenge is upheld by a majority vote of the Board members, the challenged member will be disqualified from sitting on the Appeals Board for that particular case.
8. The hearing shall be private if requested by the student charged.
9. A student may elect not to appear at the hearing, but the hearing will continue as scheduled. The Board members will base their decision on the evidence presented.
The decision of the committee is final. The Dean of Academics and/or the Dean of Students will notify the student in writing within five (5) working days of the hearing.