Student Code of Conduct Due Process Procedure

Purpose

The purpose of the Henry Ford College Student Code of Conduct Due Process Procedure is to provide due process and uphold the Student Code of Conduct policy. The HFC Student Code of Conducts’ purpose is to protect the safety and well-being of the campus community and to assist the College in providing an environment that supports the educational process. The responsibility for maintaining such an environment is shared by all members of the College community.

**NOTE: Complaints about academic matters such as grade disputes, academic dishonesty or levels of customer service are reviewed through the Student Complaint Policy and Procedure. Please review the Student Complaint Policy and Procedure for specific processes and time frames. The policy can be found at https://policies.hfcc.edu/policy/student-0. The procedure can be found at https://policies.hfcc.edu/procedure/8300r.

All faculty members, staff members, administrators, or those perceived by a complainant as a person that would address complaints (e.g., teaching assistants, supervisors, coaches, counselors, rape crisis advocates, medical providers, and clergy) are expected to report any disclosures that involve allegations of Sexual Misconduct/Title IX/ Sexual Harassment directly to the College Title IX Coordinators. report such incidents at www.hfcc.edu/incidentreport.**

Henry Ford College (HFC) is a comprehensive college that is dedicated to maintaining a teaching-learning environment that fosters critical thinking, creativity, personal integrity and self-esteem. We value the diversity of our educational community and of the communities we serve. When an incident is reported for alleged violations of the Student Code of Conduct, the Behavioral Intervention Team (BIT)/ Counseling Assessment Response Education (CARE) Team provide students the opportunity to state their version of events in addition to the due process options stipulated in the due process procedure.

**The HFC Behavioral Intervention (BIT) Team **assesses, responds, and makes recommendations pertaining to the alleged behavior exhibited by students who may pose a threat to themselves or others in the College community.

**The HFC Counseling Assessment Response Education (CARE) Team **assesses, responds, and makes recommendations pertaining to any behavior or incident such as disturbed writings, disturbing statements, disturbing actions that may lead to harm to self or others.
Students facing alleged violations of the Student Code of Conduct by the College have the right to due process. When a student is alleged to have violated the Code of Conduct, the student receives due process, which includes 1) Receiving a written description of their possible Code violations, due process options and 2) Having the opportunity to state their version of event by one or more objective decision-makers.

The due process outcome leads to one of three possible outcomes. The student is found either “not responsible” “responsible” or “findings are inconclusive” per violation of the Code. Students found responsible may be sanctioned.

Expected Behavior Guidelines

A college is a community and students have a significant impact on the quality of that community’s shared experience. The Student Code of Conduct is grounded in two core values:

Respect: Henry Ford College students show positive regard for the worth, dignity and property of others.
Responsibility: Henry Ford College students are given and accept a high level of responsibility to self, to others and to the community.

It is every student’s responsibility to avoid conduct that restricts other individuals from enjoying their rights, privileges and freedoms, or from accessing and benefitting from the college’s offerings.

Students are responsible for being familiar with, and complying with, the Student Code of Conduct, and for upholding its core values of respect and responsibility. https://policies.hfcc.edu/policy/henry-ford-college-1)

DUE PROCESS PROCEDURE (Student Rights)

The College will use the following procedures to respond to behavior which goes against the values of the College community. The College considers the procedures for resolving disputes a part of its education mission and is committed to a process which provides both peer review and mediation. Resolution and appeal processes are administrative functions and are not subject to the same rules of civil or criminal proceedings. Because some violations of these standards are also violations of law, students may be accountable to both the legal system and the College.
Communication regarding this process will be sent to the student’s HAWK e-mail address. Students have the responsibility to access their email and have the latest contact information on-file through their Web Advisor account.

Some of the procedures related to the Student Code of Conduct policy are subject to the regulations in the Family Educational Rights and Privacy Act (FERPA), Health Insurance Portability and Accountability Act of 1996 (HIPPA), and Title IX which may limit the amount of information that maybe shared with parties involved in Student Code of Conduct and/or Title IX situations.

Definitions

“Advocate/Supporter” is a person of the student’s is choosing who serves as a support person throughout the conflict resolution and/or disciplinary process. In the conflict resolution process; the advocate/supporter may participate in the conflict resolution procedure and speak for themselves not for the student. In the disciplinary or BIT process the advocate/supporter, is not allowed to actively participate in the disciplinary process. Their role is to observe the process and support the student without taking an active role in the process. See hearing procedures for advocate/supporter for further detail.
“College” means Henry Ford College
“Student” **means all persons who are currently admitted, enrolled (registered) and/or attending HFC (or upon the issuance of a student ID number). This includes part-time or full–time students despite geographical location i.e., including being enrolled in on-line courses, certificate courses, non-credit courses, and clinical sites.
**“Faculty member”
means any person hired by HFC to conduct a classroom or teaching activities.
“College administrator or staff” means any person who is employed by HFC and has the designation of part-time or full-time status and is hired as a temporary or full-time permanent employee.
“Campus community and college community” includes any person who is a student, faculty member, college administrator or staff member employed by HFC, and any authorized non-employed personnel (such as interns). A person’s status in a particular situation shall be determined by the Vice President of Student Affairs/designee.
“Business days”refers to days Henry Ford College’s administrative offices are open.
"Vice President" refers to the Vice President of Student Affairs (and his or her designee).
"Vice President’s office" means the Office of the Vice President of Student Affairs, located in the Administration Building, Room number 430.
“Policy” means the written regulations of the College documented but not limited to the HFC Catalog, Student Handbook, Student Code of Conduct, College web site and departmental/division publications.
"Hearing Officer Cadre" means the standing group of faculty and/or staff appointed by the Vice President of Students (or his or her designee) to specifically conduct hearings of alleged violations of the Student Code of Conduct.
“witness/es”refers to parties who may have information relative to the situation at hand. Witnesses are protected by the Henry Ford College anti-retaliation policies. Reference https://policies.hfcc.edu/policy/non for guidelines.
"Student Code of Conduct" means HFC's Student Code of Conduct, as enforced by the Office of the Vice President of Student Affairs/ Designee (Student Conduct and Compliance).
“Conflict Resolution” means a process of resolving a dispute or disagreement. It mainly aims at reconciling opposing arguments in a manner that promotes and protects the human rights of all parties concerned. Conflict Resolution will only be offered if both parties voluntarily agree to the alternate process as long as the parties are not a threat to themselves or others. Students who are determined by the Student Conduct Officer/Designee and/or the BIT team to have displayed behavior that would not be resolved through conflict resolution and/or whose situation rises to the level of an Interim Suspension is not eligible for this process.
“Expungement” means to eliminate or remove from a student’s school record.
“Expulsion” refers to the removal/banning of a student from the College system for an extensive period of time due to a student persistently violating that College’s rules, or for a single offense of appropriate severity in extreme cases.

I. Disciplinary Process

The College has the right, at its discretion, to impose any penalty or combination of penalties in any order, depending on the severity of the conduct or violation which has occurred. It is recognized that “progressive discipline” is not required, and that immediate dismissal is an appropriate discipline for certain conduct, regardless of whether there has been previous discipline. Students who are removed from their course of study as a result of a disciplinary matter, will be financially responsible for the cost of the courses from which he or she is removed.

A. Disciplinary proceedings are subject to the following guidelines:

  1. Violations of College rules/regulations may be reported by any College employee, faculty member or student;
  2. Reports shall be in writing and shall be filed with the Vice President of Student Affairs or other administrative official designated by the Vice President (or his/her designee) (hereinafter referred to as “Vice President/Designee”) , to the Office of Campus Safety or using the on-line webform www.hfcc.edu/incidentreport
  3. If the report and evidence are determined by the Vice President/Designee to warrant proceeding further:

a. The Vice President/Designee shall notify the student in writing through HAWK email that he/she is accused of a violation of one or more regulations, and shall specify each alleged violation;
b. This notification shall include a statement of possible consequences, including potential penalties, and a statement of the student’s right to hearing and other due process rights;
c. This notice shall be sent within seven (7) business days after the incident is first filed with the Vice President/Designee. The timeline may be modified by days the College is closed to the public. Such letter shall also specify the course of action available to the student, as indicated below.

  1. Within seven (7) business days after the Vice President/Designee emails the letter set forth above, the student shall have the right to elect, in writing, one of the following courses of action. The timeline may be modified by days the College is closed to the public:

a. The student may voluntarily admit the alleged violation (with or without an explanation) and waive, in writing, their rights to a judicial hearing and other such due process protection and request that the Vice President/Designee take whatever action he/she deems appropriate. If the student elects this option, the decision of the Vice President/Designee is final. The Vice President/Designee has the option to recommend alternative process called “Conflict Resolution” which is described in more detail in the definition section of this Procedure.
b. The student also has the option to admit responsibility and elect to enter into an alternative process called “Conflict Resolution.” Conflict Resolution will only be offered if both parties voluntarily agree to the alternate process as long as the parties are not a threat to themselves or others. Students who are determined by the Student Conduct Officer/Designee and/or the BIT team to have displayed behavior that would not be resolved through conflict resolution and/or whose situation rises to the level of an Interim Suspension is not eligible for this process. is described in more detail in the definition section of this Procedure.
c. The student may voluntarily admit the alleged violation and request a hearing before the Vice President/Designee. The Vice President/Designee has the option to recommend alternative process called “Conflict Resolution” which is described in more detail in the definition section of this Procedure.
d. The student may deny the alleged violation, in which case the Vice President/Designee may conduct an initial investigation and do one of the following:

i. Dismiss the matter;
ii. Hear the case;
iii. Assign the case to another administrator for hearing; or
iv. Offer the parties to participate in Conflict Resolution. Conflict Resolution will only be offered if both parties voluntarily agree to the alternate process as long as the parties are not a threat to themselves or others. Students who are determined by the Student Conduct Officer/Designee and/or the BIT team to have displayed behavior that would not be resolved through conflict resolution and/or whose situation rises to the level of an Interim Suspension is not eligible for this process.

  1. The student has the right not to respond. If no response is received from the student within seven (7) business days after the Vice President/Designee emails the letter set forth in 4 above, the Vice President/Designee has the right to take whatever measures he/she, in his/her discretion, deems appropriate, including holding a hearing or issuing discipline without a hearing. The timeline may be modified by days the College is closed to the public and/or if there are any mitigating circumstances.
  2. If the hearing is to be conducted by an administrator who initiated the disciplinary process or who determined that the allegations warranted further proceeding, the student must agree in writing by the deadline set forth in the notice of allegations to a hearing before such administrator.
  3. The student shall be notified at least seven (7) business days prior to the hearing as to the time and place of such hearing, and the name of the individual who will be hearing the matter. The written notice shall contain a statement of the allegations with sufficient particularity so that the student may prepare their defense.
  4. If the student objects to the administrator who will be hearing the matter, the student must notify the Vice President/Designee of the objection, in writing, not less than three (3) business days prior to the hearing. The timeline may be modified by days the College is closed to the public or if there are any mitigating circumstances. Upon receipt of a timely objection, the Vice President/Designee will consider the student objection and has the option to assign another administrator to the matter. The Vice President/Designee shall maintain a list of administrators for this purpose. When a timely objection is made, the Vice President/Designee shall assign a neutral individual who shall hear the matter.
  5. If the student requests a hearing but fails to respond to the administrator overseeing the hearing within 3 business days from notice of the attempt to set up the hearing; a hearing will be conducted without the student. Failure of a student to appear shall not indicate guilt. The decision on the matter will be rendered with the information provided to the Administrator at the time of the hearing. Communication with the student regarding the decision will take place through HAWK email.

II. Potential Sanctions (Consequences for breaking the rules)

A. If a student is found to have committed any offense deemed to violate the Student Code of Conduct, the Vice President of Student Affairs/Designee will levy an appropriate penalty.

The College has the right, at its discretion, to impose any penalty or combination of penalties in any order, depending on the severity of the conduct or violation which has occurred. It is recognized that “progressive discipline” is not required, and that immediate dismissal is an appropriate discipline for certain conduct, regardless of whether there has been previous discipline. Students who are removed from their course of study as a result of a disciplinary matter, will be financially responsible for the cost of the courses from which he or she is removed.

The following are examples of penalties which can be imposed:

  1. Interim Suspension: Separation from the College for a specified minimum period of time, after which the student is eligible to return. Eligibility may be contingent upon satisfaction of specific conditions noted at the time of suspension. The student is required to vacate the campus within 24 hours of notification of the action, although this deadline may be extended upon application to, and at the discretion of, the Vice President of Student Affairs/Designee. During the suspension period, the student is banned from College property, functions, events and activities without prior written approval from the Vice President of Student Affairs/Designee. This sanction may be enforced with a trespass action if necessary.

The Student Conduct and Compliance Officer may, at their discretion, remove a student from a class or suspend him or her from the College for an interim period pending an investigation or disciplinary proceedings. The Student Conduct and Compliance Officer may also, with the approval of the President or his/her designee, remove a student from a class or suspend him or her for an interim period, whenever the Vice President/Designee determines in consultation with the Behavioral Intervention Team that there is reasonable cause to believe that the continued presence of a student in class or on the College campus poses a direct threat to the health or safety of others.

“Direct Threat” is defined as a significant risk to the health and safety of others (or self) that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services.

The determination that a student poses a direct threat to others shall be made through an individualized assessment based on reasonable judgment relying on the most current medical knowledge of the individual or the best available objective evidence. This assessment shall determine the nature, duration, and severity of the risk, the probability that the potentially threatening injury will actually occur, and whether reasonable modifications of policies, practices, or procedures will significantly mitigate the risk. Following a proper determination that a student poses a direct threat the College may require as a precondition to student’s return that the student provide documentation or information demonstrating that the student no longer poses a direct threat. The documentation or information should allow the College to appropriately assess whether or not the student currently poses a direct threat. Documentation or information could include a treatment plan that the student followed, a report from the student’s treating professional, or consent for the College to talk with the student’s treating professional; this list is non-exhaustive as these are examples of what could be provided to verify there is no longer the existence of a direct threat, depending on the individual circumstances. This is a non-exhaustive list and are examples of what could be provided to verify there is no longer the existence of a direct threat, depending on the individual circumstances.

  1. Warning Placed in Student Record: A written notice that the student violated the Code of Conduct and that they will face more severe sanctions if they violate the Code of Conduct again.
  2. Restitution: Compensation for damage caused to the College or any person’s property.
  3. Community/College Service Requirements: A student or a student organization can be required to complete a specific service project.
  4. Loss of Privileges: The student is denied specified privileges for a designated period of time.
  5. Confiscation of Prohibited Property: Items who presence is in violation of the Code of Conduct are confiscated and become College property (i.e., weapons, drugs, etc.). Prohibited items may be returned to the owner at the discretion of the Vice President of Student Affairs/Designee and/or Campus Safety.
  6. Behavioral Agreement- This includes required activities including, but not limited to, seeking academic counseling or substance abuse screening, writing a letter of apology, etc.
  7. Educational Program or Assignment: Requirement to attend, present and/or participate in an educational program relative to the violation. It may also be a requirement to sponsor or assist with an awareness program or event. Another possibility is an assignment to produce a written, spoken or videotaped piece on a topic related to the violation.
  8. College Probation: The student is put on official notice that, should further violations occur during a specified probationary period, the student may face suspension or expulsion. Regular probationary meetings may also be imposed.
  9. Eligibility Restriction: The student is deemed “not in good standing” with the College for a specified period of time. Specific limitations or exceptions may be granted by the Vice President of Student Affairs/Designee and terms of this conduct sanction may include, but is not limited to, the following:
    a. Ineligibility to hold any office in any student organization recognized by the College or hold an elected or appointed office at the College; or
    b. Ineligibility to represent the College to anyone outside the College community in any way including, participating in the student abroad program, attending conferences, or representing the College at an official function, event or intercollegiate competition as a player, manager or student coach, etc.
  10. Expulsion: Permanent separation from the College. The student is banned from College property and the student’s presence at any College sponsored activity or event is prohibited. This action may be enforced with a trespass action as necessary.
  11. Other Sanctions: Additional or alternate sanctions may be created and designed as deemed appropriate to the office with the approval of the Vice President of Student Affairs/Designee.

Student groups or organizations can also be sanctioned.

The following sanctions may be imposed upon groups or organizations found to have violated the Student Code of Conduct:

a. One or more of the sanctions listed above, specifically 1 through 7, 10 through 12, and/or
b. Deactivation, de-recognition, loss of all privileges (including status as a College registered group/organization), for a specified period of time.

B. Interim and Permanent Suspension

  1. In some cases the College will place a hold on the student’s account to prevent the student from registering for additional classes or receiving transcripts. This step is usually taken when a student fails to respond to correspondence or is in the midst of upholding a suspension.
  2. In more severe cases, the Vice President/Designee may, at his/her discretion, remove a student from a class or suspend him or her from the College for an interim period pending an investigation or disciplinary proceedings. In the event a student is suspended based on conduct that posed a direct threat to the health and safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services, the College may require as a precondition to student’s return that the student provide documentation or information demonstrating that the student no longer poses a direct threat. The documentation or information should allow the College to appropriately assess whether or not the student currently poses a direct threat. The documentation or information should allow the College to appropriately assess whether or not the student currently poses a direct threat. Documentation or information could include a treatment plan that the student followed, a report from the student’s treating professional, or consent for the College to talk with the student’s treating professional; this list is non-exhaustive as these are examples of what could be provided to verify there is no longer the existence of a direct threat, depending on the individual circumstances. This is a non-exhaustive list and are examples of what could be provided to verify there is no longer the existence of a direct threat, depending on the individual circumstances.

If circumstances are such that the Student’s Conduct and Compliance Officer determines it is not practical to give the student an opportunity to appear personally before an interim suspension is imposed because the safety of others is of immediate concern because of a direct threat of harm to others, then the Student Conduct and Compliance Officer may issue an interim suspension pending a final decision regarding an adverse action against the student and the opportunity for such an appearance shall be given as soon after the imposition of an interim suspension as is practical. In addition, the student will be afforded the earliest opportunity to speak with the Vice President of Student Affairs/Designee either by phone, through HAWK email or via a letter addressed to the Vice President of Student Affairs/Designee at 5101 Evergreen Road, L-430, Dearborn, MI 48128

  1. The College believes suspending or restricting the student will preserve the safety of the student/others, preserve the integrity of an investigation, protect College property and/or prevent disruption of College operations.

  2. Voluntary and Involuntary Withdrawals. The Vice President/Designee may also, with the approval of the President or his/her designee, remove a student from a class or suspend him or her for an interim period, for purposes of obtaining a medical, psychiatric or psychological evaluation, whenever the Vice President/Designee determines that there is reasonable cause to believe that the continued presence of a student in class or on the College campus poses a threat to him/herself or to others or to the stability of normal College classes or functions. In such situation the voluntary or involuntary withdrawal process will begin.

  3. If practical, a student will be given an opportunity to appear personally before the Vice President/Designee before he or she is suspended on an interim basis. Such an appearance is solely for the purpose of considering:

a. The reliability of the information concerning the student’s alleged conduct;
b. Whether the alleged conduct and surrounding circumstances reasonably indicate that the continued presence of the student in class or on the College campus poses a threat to him/herself or to others or to the stability of normal College classes or functions.

If circumstances are such that the Vice President/Designee does not believe it is advisable to give the student an opportunity to appear personally before an interim suspension is imposed because of a concern of a threat to themselves or others, the student will be afforded the earliest opportunity to speak with the Vice President of Student Affairs/Designee either by phone, through HAWK email or via a letter addressed to the Vice President of Student Affairs/Designee at 5101 Evergreen Road, L-430, Dearborn, MI 48128.

HEARING PROCEDURE

I. Disciplinary Hearing

A. All HFC students have the right to the protection of due process in disciplinary proceedings. The student is entitled to a fair and prompt hearing before an impartial person.
B. During a disciplinary hearing, both the student and the College have the right to be advised by a non-attorney advocate/supporter. If the student desires such a advocate/supporter, but is unable to arrange for the advocate/supporter, the Vice President/Designee, upon request of the student, shall provide the student with a list of five faculty members from whom the student may choose. The role of the representative is to observe the hearing preceding only. This means the advisor’s role is non-participatory and cannot speak or cross-examine other parties involved in the hearing (unless documented accommodations through the Assisted Learning Services Office recommend modification of the advisor’s role). To facilitate such protection, the following preliminary procedures shall be used in disciplinary proceedings:
i. No student may be compelled to testify against himself/herself in a disciplinary hearing;
ii. In a disciplinary hearing the student has the right to question those who testify against him/her (in cases where the safety of the parties involved is in question, the questions will be facilitated trough the hearing officer); and
iii. No student shall be subject to a disciplinary hearing twice for the same incident or event. However, the student may appeal the decision of the Vice President/Designee to the Judicial Board, as stipulate in the criteria documented in this Procedure.
C. The Vice President/Designee may modify the time limits and procedures of the disciplinary process when, in his/her discretion, doing so is desirable or necessary to appropriately proceed, and the modification is not contrary to due process requirements.

II. Hearing Procedures:

  1. The student shall be entitled to appear at the hearing in person before the Vice President of Student Affairs/Designee and to present their defense, which may include the presentation of witnesses.
  2. The student shall be entitled to inspect any evidence which the College or complainant intends to submit at the hearing 48 business hours in advance of the hearing.
  3. The student has the right to elect not to appear at the hearing. Should they elect not to appear, the hearing shall be held in the student’s absence. Failure of a student to appear shall not indicate guilt and may not be considered in any finding, decision or recommendation.
  4. If the student elects to have the assistance of an advocate, the advocate’s role is non-participatory and the advocate may not examine or cross-examine witnesses unless, in the judgment of the administrator conducting the hearing, the student is unable to question witnesses through some impairment, language impediment or disability, or other reason.
  5. A student shall be permitted to hear evidence against themselves and shall be afforded an opportunity to question all witnesses who testify at the hearing. Each witness shall be asked to affirm that their testimony will be truthful. The witness will also be informed that knowingly furnishing false information may cause the witness to be subject to disciplinary procedures as stated in the Student Code of Conduct.
  6. In cases where the safety of the parties involved is in question, all questions may be facilitated through the hearing officer.

III. The Hearing

  1. The hearing will be closed to the public.
  2. Formal rules of evidence shall not be applicable in student disciplinary hearings. The Vice President/Designee shall admit evidence in their discretion. Without reducing that discretion, the Vice President/Designee shall give appropriate consideration to concerns of confidentiality and privilege, and shall admit evidence which they believe would be considered by reasonable persons in the conduct of their everyday affairs. Unduly repetitious or irrelevant evidence may be excluded at the Vice President of Student Affairs/Designee’s discretion.
  3. If the student chooses to testify, the student may refuse to answer questions. The facts of the case shall be determined solely on the basis of evidence presented at the hearing.
  4. The respondent, complainant and hearing officer may question witnesses and the other parties involved, either directly or through the hearing officer at the hearing officer’s discretion. Unduly repetitive witnesses can be limited at the discretion of the hearing officer.
  5. The administrator hearing the matter shall make findings of responsible, not responsible, or inconclusive per each allegation brought against the student. The administrator will make recommendations as to possible sanctions and/or other remedies.
  6. It is the responsibility of the Vice President/Designee or administrator hearing the matter to make an audio taped record of the hearing.
  7. The hearing officer has the right to limit personal belongings in the hearing room and any unauthorized recording of the hearing is prohibited.
  8. After the hearing, the Vice President of Student Affairs/Designee or administrator hearing the matter shall prepare a written statement of the decision and explanation of the reasons for such decision. This information will be provided to the student in the outcome letter.
  9. The decision of the Vice President/Designee is final, unless the penalty involves an expulsion, a suspension, or a permanent notation on the student’s record, in which case the student may appeal to the Judicial Board or the Appeal Panel by providing supportive documentation to the Vice President of Student Affairs/Designee identifying the specific reason(s) for the appeal, by selecting one or more of the following:
    • substantial evidence not previously considered;
    • evidence of bias by the administrator who conducted the disciplinary hearing;
    •significant errors in procedures by the administrator who conducted the disciplinary hearing;
    • significant finding of inequity in disciplinary actions related to findings;
    • the cumulative conduct record of the respondent.

IV. Appeals to the Appeal Panel or Judicial Board

When the penalty imposed involves a suspension, an expulsion, or a permanent notation on the student’s record, the student has the right to appeal. Appeal requests must be provided in writing from the students HAWK email account or via a letter addressed to the Vice President of Student Affairs/Designee at 5101 Evergreen Road, L-430, Dearborn, MI 48128

A. Appeal Panel

Students who admit responsibility (with or without explanation) may qualify for an appeal request to be reviewed by the Vice President of Student Affairs/Designee as set forth in Section 9, above, must follow the procedures for the Appeal Panel.

Students who deny responsibility and may qualify for an appeal request to be reviewed by the Vice President of Student Affairs/Designee as set forth in Section 9, above, follow the procedure for the Judicial Review Board Appeal.

A request for an appeal will be considered if in the case the sanctions imposed are substantially outside the parameters or guidelines set by the College. A request for an appeal will be considered and may be granted if the request meets the criteria as set forth in Section 9 above.

The President/Vice President will review the appeal request and determine in 5 business days if the request is denied or allowed to proceed to the appeal review board.

The President/Vice President will convene a review board to hear the appeal.
The suspension sanction will remain in place while the appeal is being considered, unless it is determined by the VP of Student Affairs that lifting the sanction does not create a threat of harm to the College or to an individual. A decision regarding this issue will be made at the time the request to appeal is granted or denied. If granted, the Appeal Board is composed of three (3) administrators randomly selected from a pool of administrators.

B. Appeal Panel Hearing Procedures

  1. Within fourteen (14) business days of the composition of the Appeal Panel being finalized, it will meet. The timeline may be modified by days the College is closed to the public or if there are any mitigating circumstances.
  2. The review by the Appeal Panel will include examination of the appeal request, the transcript or record of the original hearing, the original allegation and/or physical evidence, and an appeal hearing.
  3. The Chair of the Appeal Panel shall limit discussion to only those issues contained in the appeal request. The Appeal Panel shall hear any new evidence, new witness(es) and review the new physical evidence. The Appeal Panel may call other witnesses, seek other information, or hear any other evidence, and recess and reconvene as it deems necessary.
  4. The student shall be entitled to appear at the Appeal Panel hearing in person to present their appeal.
  5. If the student fails to appear at the hearing, the appeal will be dismissed and the decision at the disciplinary level affirmed.
  6. In an appeal hearing before the Appeal Panel, both the student and the College have the right to be advised by a non-attorney representative. If the student desires such a representative, but is unable to arrange for the representative, the Appeal Panel or the Vice President/Designee, upon request of the student, shall provide the student with a list of five faculty members, from whom the student may choose. The role of the representative is to advise the student. If the student elects to have the assistance of a representative, the representative’s role is non-participatory and may not examine or cross-examine witnesses. The Appeal Panel may, in its judgment, permit the representative to participate if it determines the student requires assistance (i.e. impairment, language impediment or disability, or other reason).
  7. The student shall be permitted to call witnesses who have evidence deemed relevant by the Appeal Panel and shall be accorded an opportunity to question all witnesses who testify at the hearing. Each witness shall be asked to affirm that their testimony will be truthful. The witness will also be informed that knowingly furnishing false information can cause him/her to be subject to disciplinary procedures as stated in the Student Code of Conduct.
  8. The hearing will be closed to the public.
  9. Formal rules of evidence shall not be applicable in the appeal hearing. The Appeal Panel shall admit evidence in its discretion. Without reducing that discretion, the Appeal Panel shall give appropriate consideration to concerns of confidentiality and privilege, and shall admit evidence which it believes would be considered by reasonable persons in the conduct of their everyday affairs. Unduly repetitious or irrelevant evidence may be excluded at the discretion of the Appeal Panel.

C. Decision By Appeal Panel

The Appeal Panel will make its decision by a majority vote of those present and voting. The Appeal Panel has the authority to take any action it deems appropriate, including the authority to:

  1. uphold the disciplinary decision,
  2. modify the decision, or,
  3. overturn the decision.

The decision of the Appeal Panel will be provided to the student, in writing, within seven (7) business days after it is reached. The Appeal Panel’s decision in the matter is final and shall be implemented immediately. The timeline may be modified by days the College is closed to the public.

D. Appeal Procedure to Judicial Review Board

  1. A student who wishes to appeal a disciplinary decision as set forth above, must request review by the Judicial Board in writing, within ten (10) business days after the decision of the Vice President/Designee is mailed. The timeline may be modified by days the College is closed to the public.
  2. The letter of appeal must contain supportive documentation stating the reason(s) for the appeal, based on one or more of the following:
    a. substantial evidence not previously considered;
    b. evidence of bias by the administrator who conducted the disciplinary hearing;
    c. significant errors in procedures by the administrator who conducted the disciplinary hearing;
    d. significant finding of inequity in disciplinary actions related to findings.
  3. In an appeal to the Judicial Board, the appeal shall be decided by majority vote of the members of the Board present and voting.
  4. The Judicial Board has the authority to uphold the decision of the Vice President/Designee or other administrator who heard the matter, reverse the decision or modify the decision (which can include an increased penalty). If the Judicial Board elects to modify the decision, it may choose a penalty it deems appropriate, including any penalty set forth in section III (A) of the Student Conduct Policy, “Sanctions.”
  5. The decision rendered by the Judicial Board is final.

E. Judicial Board Organization and Hearing Procedure

  1. The Judicial Board shall be composed of two students, two faculty members and one administrator.
  2. The Chair of the Judicial Board shall be designated by the Vice President/Designee at the beginning of each academic year.
  3. A pool of eight students will be assigned by the Student Council to serve on the Judicial Board for one academic year. Two students shall be appointed by the Student Council from the group of eight (8) assigned students with consent of the Student Council to serve on the Board for each particular case.
  4. A group of eight faculty members, three of whom shall be from the Academic Education area, three from the Career Education area, and two from the Student Affairs area, will be designated by the Senate for one academic year. Two faculty members shall be appointed by the Senate to hear each case.
  5. The student will be informed within seven (7) business days of the composition of the Judicial Board, and of the date, time, and place of the Judicial Board appeal hearing. A student may challenge a Judicial Board member. Any objection to a Judicial Board member must be made in writing, within three (3) business days of the letter indicating the composition of the Board. A Judicial Board member shall be disqualified if a majority of the Judicial Board members agree that the student has made a reasonable showing for the objection. A replacement for a successfully challenged member will be selected from the same group as the challenged member and in the manner described in Section IIIB. The timeline may be modified by days the College is closed to the public.
  6. Within fourteen (14) business days of the composition of the Judicial Board being finalized, it will meet. The timeline may be modified by days the College is closed to the public or if there are any mitigating circumstances.
  7. The review by the Judicial Board will include examination of the appeal request, the transcript or record of the original hearing, the original allegation and/or physical evidence, and an appeal hearing.
  8. The Chair of the Judicial Board shall limit discussion to only those issues contained in the appeal request. The Judicial Board shall hear any new evidence, new witness(es) and review the new physical evidence. The Judicial Board may call other witnesses, seek other information, or hear any other evidence, and recess and reconvene as it deems necessary.
  9. The student shall be entitled to appear at the Judicial Board hearing in person to present their appeal.
  10. If the student fails to appear at the hearing, the appeal will be dismissed and the decision at the disciplinary level affirmed.
  11. In an appeal hearing before the Judicial Board, both the student and the College have the right to be advised by a non-attorney representative. If the student desires such a representative, but is unable to arrange for the representative, the Judicial Board or the Vice President/Designee, upon request of the student, shall provide the student with a list of five faculty members, from whom the student may choose. The role of the representative is to advise the student. If the student elects to have the assistance of a representative, the representative’s role is non-participatory and may not examine or cross-examine witnesses. The Judicial Board may, in its judgment, permit the representative to participate if it determines the student requires assistance (i.e. impairment, language impediment or disability, or other reason).
  12. The student shall be permitted to call witnesses who have evidence deemed relevant by the Judicial Board and shall be accorded an opportunity to question all witnesses who testify at the hearing. Each witness shall be asked to affirm that their testimony will be truthful. The witness will also be informed that knowingly furnishing false information can cause him/her to be subject to disciplinary procedures as stated in the Student Code of Conduct.
  13. The hearing will be closed to the public.
  14. Formal rules of evidence shall not be applicable in the appeal hearing. The Judicial Board shall admit evidence in its discretion. Without reducing that discretion, the Judicial Board shall give appropriate consideration to concerns of confidentiality and privilege and shall admit evidence which it believes would be considered by reasonable persons in the conduct of their everyday affairs. Unduly repetitious or irrelevant evidence may be excluded at the discretion of the Judicial Board.

F. Decision By Judicial Board

The Judicial Board will make its decision by a majority vote of those present and voting. The Judicial Board has the authority to take any action it deems appropriate, including the authority to:

  1. uphold the disciplinary decision, or
  2. modify/overturn the decision.

The decision of the Judicial Board will be provided to the student, in writing, within seven (7) business days after it is reached. The Judicial Board’s decision in the matter is final and shall be implemented immediately. The timeline may be modified by days the College is closed to the public.

Procedure Effective: January 26, 2018
Procedure Update: November 2, 2018 per OCR Recommendations
Procedure Update: Feb. 21, 2019 to include Conflict Resolution language

This procedure supersedes and replaces any and all procedures related to this subject

Private: 
Public
Procedure Type: 
Adopted Date: 
Friday, November 2, 2018
Revised Date: 
Saturday, January 26, 2019
Thursday, February 21, 2019
Procedure Name: 
Student Code of Conduct Due Process Procedure
Status: 
Department Approved