Appendix I - Student Code for MTC
The Student Code
The Student Code for Midlands Technical College is adapted from the Student Code for the South Carolina Technical College System. Titles for institutional groups and officials have been adjusted to reflect the titles used at Midlands Technical College, and operating guidelines have been modified to reflect Midlands Technical College standards of practice.
General Provisions
I. PURPOSE
The Student Code for the South Carolina Technical Colleges and Midlands Technical College sets forth the rights and responsibilities of individual students, identifies behaviors that are not consistent with the values of college communities, and describes the procedures that will be followed to adjudicate cases of alleged misconduct, except cases of alleged acts of sexual violence, sexual harassment and sex-based discrimination. These cases will be adjudicated through (a href="https://mymtc1.midlandstech.edu/FacStaffResources/Policies/TableContents/Documents/Student Code for Procedure for Addressing Alleged Acts of Sexual Violence and Sexual Harassment.pdf">MTC procedure 5.1.3 Student Code Procedure for Addressing Alleged Acts of Sexual Violence and Sexual Harassment, or MTC procedure 2.6.1 for Non-Discrimination, Anti-Harassment, and Sexual Misconduct. This code applies to student behaviors on college property, at college-sponsored activities and events, and to off campus behavior that adversely affects the college and/or the college community.
The Student Code applies to all students from the time of applying for admission through the awarding of a degree, diploma, or certificate.
II. PRINCIPLES
Midlands Technical College students are members of both the community at large and the academic community. As members of the academic community, students are subject to the obligations that accrue to them by virtue of this membership.
As members of a larger community, students are entitled to all rights and protections accorded them by the laws of that community, the enforcement of which is the responsibility of duly constituted authorities. If a student's alleged behavior simultaneously violates college regulations and the law, the college may take disciplinary action independent of that taken by legal authorities.
When it has been determined that a student has violated a federal, state, or local law and/or exhibited behavior contradictory to the College Student Code of Conduct, college disciplinary action may be initiated only when the presence of the student on campus will disrupt the educational or operational processes of the college.
When a student’s alleged behaviors and/or violation of the law, whether occurring on campus or off campus, may adversely affect the college’s pursuit of its educational objectives or activities, the college may enforce its own regulations through this student code.
III. SOLUTIONS OF PROBLEMS
The college will first seek to solve problems through internal review procedures. When necessary, off campus law enforcement and judicial authorities may be involved.
In situations where Midlands Technical College has shared programs, the Vice President for Student Development Services or designee where the alleged violation of the Student Code occurred will handle the charges. A change of venue to the other college may be granted, based on the nature of the offense, provided it is agreed to by the Vice President for Student Development Services or designees, of both colleges. Any sanctions imposed will apply across both colleges.
In situations where a student is dually enrolled in two or more colleges/schools and is charged with a violation of the Student Code, the Vice President for Student Development Services or designee of the college/school where the alleged infraction occurred will handle the charges and the sanctions may apply at each college/school in which the student is enrolled.
IV. DEFINITIONS
When used in this code, unless the content requires other meaning,
A. “College” means Midlands Technical College or other colleges or schools with shared programs.
B. "President" means the chief executive officer of the college.
C. "Administrative Officer" means anyone designated at the college as being on the administrative staff such as President, Vice Presidents, Provost and Vice Provosts.
D. "Chief Student Services Officer” means the Vice President for Student Development Services at the college who has overall management responsibility for student services.
E. "Chief Academic Officer" means the Vice Provost for Academic Affairs at the college who has overall management responsibility for academic credit programs and services.
F. "Student" means an individual currently enrolled in a program and/or registered for the current or upcoming academic term.
G. Instructor means "Professor", “Faculty”, or any person employed by the college to conduct classes.
H. "Staff' means any person employed by the college for reasons other than conducting classes.
I. “SAB” means the Student Advisory Board (student government association) of the college or other group of students convened for the purpose of representing student interests to the college's administration or in the college's governance system.
J. "Campus" means any place where the college conducts or sponsors educational, public service, or research activities.
K. "Violation of Law" means a violation of a law of the United States or any law or ordinance of a state or political subdivision which has jurisdiction over the place in which the violation occurs.
L. "Instructional Days" means any weekday (M-F) in which classes are in session.
M. “Close of Business” means the time that the administrative offices of the college close on that specific work day.
N. “Approved Method of Notification” means any communication from college personnel through a communication channel to which the student has consented or which confirms receipt of the communication by the student, such as a hand-delivered notice, or MTC student email account. A student who communicates with the college via email or otherwise provides an email address in connection with communications relating to a grievance thereby consents to the service of documents and all other correspondence associated with the grievance by email, and the date and time of such email(s) shall be deemed the date and time of service.
V. RIGHTS OF STUDENTS
A. Freedom from Discrimination--There shall be no discrimination in any respect by the college against a student, or applicant for admission as a student on the basis of race, color, religion, sex, sexual orientation, national origin, age, disability, genetic information, gender, veteran status, pregnancy, childbirth or other categories protected by applicable law.
B. Freedom of Speech and Assembly--Students shall have the right to freedom of speech and assembly without prior restraints or censorship subject to clearly stated, reasonable, and nondiscriminatory rules and regulations regarding time, place, and manner developed and approved by the college.
In the classroom and in other instructional settings, discussion and expression of all views relevant to the subject matter are recognized as necessary to the educational process, but students have no right to interfere with the freedom of instructors to teach or the rights of other students to learn.
C. Freedom of the Press--In official student publications, students are entitled to the constitutional right of freedom of the press, including constitutional limitations on prior restraint and censorship. To ensure this protection, the college shall have an editorial board with membership representing SAB, faculty, and administration. MTC has the responsibility of defining the selection process for its editorial board. The primary responsibility of the board shall be to establish and safeguard editorial policies.
D. Freedom from Unreasonable Searches and Seizures--Students are entitled to the constitutional right to be secure in their persons, dwellings, papers, and effects against unreasonable searches and seizures. College Police officers and the Vice President of Student Development Services or designee may conduct searches and seizures only as authorized by law.
E. Right to Participate in College Governance--Students should have the opportunity to participate on college committees that formulate policies directly affecting students, such as in the areas of student activities and student conduct. This participation may be coordinated through the Student Advisory Board.
F. Right to Know Academic and Grading Standards--Instructors will develop, distribute, explain, and follow the standards that will be used in evaluating student assignments and determining student grades.
Grades are awarded for student academic performance. No grade will be reduced as a disciplinary action or behavior unrelated to academic conduct.
G. Right to Privacy--Information about individual student views, beliefs, and political associations acquired by instructors, counselors, or administrators in the course of their work is confidential. It can be disclosed to others only with prior written consent of the student involved or under legal compulsion.
H. Right to Confidentiality of Student Records--All official student records are private and confidential and shall be preserved by the college. Separate record files may be maintained for the following categories: (1) academic, (2) medical, psychiatric and counseling, (3) placement, (4) financial aid, (5) disciplinary, (6) financial, and (7) veteran’s affairs. In addition, disciplinary records are maintained by the Vice President for Student Development Services or designee.
Student education records will be maintained and administered in accordance with the Family Educational Rights and Privacy Act of 1974, the guidelines for the implementation of this act, and other applicable federal and state statutes and regulations.
I. Right to Due Process--At a minimum, any student charged with misconduct under this code is guaranteed the following: (1) the right to receive adequate notice of the charge(s), (2) the right to see and/or hear information and evidence relating to the charge(s), and (3) the right to present information and evidence relating to the charge(s). Additional due process requirements will be identified in other sections of this code.
VI. RESPONSIBILITIES
A. Students are expected to conduct themselves in a manner that is civil, that is respectful of the rights of others, and that is compatible with the college's educational mission.
B. Students are expected to comply with all of the college's duly established rules and regulations regarding student behavior while on campus, while participating in off campus college-sponsored activities, and while participating in off campus clinical, field, internship, or in-service experiences.
C. Students are expected to comply with all course requirements as specified by instructors in course syllabi and to meet the standards of acceptable classroom behavior set by instructors. Instructors will announce these standards during the first week of classes. Ordinarily, if a student’s behavior disrupts class, the instructor will provide a warning about said behavior. However, if the unacceptable conduct/disruption jeopardizes the health, safety, or well-being of the student or others, or is otherwise severe or pervasive, the instructor may immediately dismiss the student for the remainder of the class. Any disruption may result in a written referral to the Director of Student Affairs. This written referral may result in the initiation of disciplinary action against the student. The college reserves the right to review syllabi in connection with this provision.
VII. STUDENT CONDUCT REGULATIONS
The following list identifies violations for which students may be subject to disciplinary action. The list is not all inclusive, but it reflects the categories of inappropriate behavior and provides examples of prohibited behaviors.
A. Academic Misconduct
All forms of academic misconduct including, but not limited to, cheating on tests, plagiarism, collusion, and falsification of information may call for disciplinary action.
1. Cheating on tests or graded assignments is defined to include the following:
a. Copying from another student’s work or answer sheet.
b. Using materials or equipment during a test not authorized by the person giving the test.
c. Collaborating with any other person on tests/graded assignments without permission.
d. Knowingly obtaining, using, buying, selling, transporting, or soliciting in whole or in part the contents of a test or graded assignment.
e. Bribing or coercing any other person to obtain tests/graded assignments or information about tests/graded assignments.
f. Substituting for another student, or permitting any other person to substitute for oneself.
g. Cooperating or aiding in any of the above.
2. "Plagiarism" is defined as the appropriation of any other person's work and the unacknowledged incorporation of that work in one's own work or (2) submitting content for academic purposes that are created by artificial intelligence, technology platforms, or writing services and representing that such content is the person’s own work product.
3. "Collusion" is defined as knowingly assisting another person in an act of academic dishonesty.
4. "Fabrication" is defined as falsifying or inventing information in such academic exercises as reports, laboratory results, and citations to the sources of information.
B. Abuse of Privilege of Freedom of Speech or Assembly
No student acting alone or with others, shall obstruct or disrupt any teaching, administrative disciplinary, public service, research, or other activity authorized or conducted on the campus of the college or any other location where such activity is conducted or sponsored by the college. This disruption does not necessarily have to involve violence or force for the student to face disciplinary actions. In addition to administrative action, any person in violation of any federal, state, or local law will be turned over to the appropriate authorities.
C. Falsification of Information and Other Acts Intended to Deceive
Falsification of information and other acts intended to deceive include, but are not limited to the following:
1. Forging, altering, or misusing college documents, records, or identification cards.
2. Falsifying information on college records.
3. Providing false information for the purpose of obtaining a service.
D. Actions which Endanger Students and the College Community
Actions which endanger students and the college community include, but are not limited to the following:
1. Possessing or using on campus a firearm or other dangerous or potentially dangerous weapon unless such possession or use has been authorized by the college.
2. Possessing, using, or threatening to use any incendiary device or explosive unless such possession or use has been authorized by the college.
3. Setting fires or misusing or damaging fire safety equipment.
4. Using, or threatening to use, physical force to restrict the freedom of action or movement of others or to harm others.
5. Endangering the health, safety, or wellbeing of others through the use of physical, written or verbal abuse, threats, intimidation, harassment, and coercion.
6. Sexual violence, which refers to physical sexual acts perpetuated against a person’s will or when a person is incapable of giving consent. Cases of alleged acts of sexual violence will be adjudicated through MTC procedure 5.1.3.
7. Retaliating, or threatening to retaliate, against any person for filing a complaint, providing information relating to a complaint, or participating as a witness in any hearing or administrative process.
E. Infringement of Rights of Others
Infringement of rights of others is defined to include, but is not limited to the following:
1. Stealing, destroying, damaging, or misusing college property or the property of others on campus or off campus during any college activity.
2. Sexually harassing another person. In addition to sexual violence, sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, when submission to such conduct is made a term or condition of a student's education, a basis for academic conditions affecting the student, or the conduct is sufficiently serious to interfere with the student's academic performance or otherwise deny or limit the student's ability to participate in any aspect of the college's program, thereby creating an intimidating or hostile learning environment. Cases of alleged acts of sexual harassment will be adjudicated through MTC procedure 5.1.3 or MTC procedure 2.6.1 if it is determined that the alleged acts meet the criteria specified under either of the two foregoing Procedures and a formal complaint is filed.
3. Stalking, which is defined as engaging in a course of conduct, through physical, electronic, or other means, that would place a reasonable person in fear for his/her safety, or that has, in fact, placed an individual in such fear. Where the stalking is based on sex, race, national origin, color, age, religion, or disability, it may constitute harassment under other provisions of this code.
4. Bullying or harassing conduct, including verbal acts and name calling; hazing; graphic and written statements, which may include the use of cell phones, the internet, or other electronic devices; and other conduct that may be physically harmful, threatening, or humiliating. Bullying or harassment based on race, color, national origin, age, religion, disability, genetic information, marital status, veteran status, sex, sexual orientation, gender identity, pregnancy, childbirth or other categories protected by applicable law, will be a violation of the Student Code when it is a basis for academic decisions affecting the student or the conduct is sufficiently serious to interfere with the student's academic performance or otherwise deny or limit the student's ability to participate in any aspect of the college's program, thereby creating an intimidating or hostile learning environment.
5. Engaging in any activity that disrupts the educational and administrative processes of the college, interferes with the rights of others, or adversely interferes with other normal functions and services.
F. Other Acts which Call for Discipline
Other acts which call for discipline include, but are not limited to the following:
1. Possessing, using, or distributing any narcotics or other unlawful drugs as defined by the laws of the United States or the State of South Carolina.
2. Possessing, using, or distributing on campus any beverage containing alcohol.
3. Violating institutional policies while on campus or off campus when participating in a college sponsored event or activity.
4. Violating any South Carolina and/or federal laws while on campus or off campus when participating in a college sponsored event or activity.
VIII. DISCIPLINARY PROCEDURES
The procedures and sanctions that follow are designed to channel faculty, staff, or student complaints against students, except for those complaints alleging acts of sexual violence or sexual harassment which are processed under MTC procedure 5.1.3 Student Code Procedure for Addressing Alleged Acts of Sexual Violence and Sexual Harassment. Because due process is essential in dealing with infractions of college regulations, any disciplinary actions taken and sanctions imposed on a student or student organization will follow the provisions of this code.
A. Interim Suspension
In certain situations, the Vice President of Student Development Services or designee may temporarily suspend a student before the initiation of disciplinary procedures. Interim suspension may only be imposed when there is reason to believe that the continued presence of the accused student at the college poses a substantial and immediate threat to the student or to others or poses a serious threat of disruption of, or interference with, the normal operations of the college. The interim suspension process follows:
1. When the Vice President for Student Development Services or designee become aware of a situation which may warrant interim suspension, the decision to impose interim suspension will occur by the close of business within two instructional weekdays.
2. The Vice President for Student Development Services, or designee, will inform the student in an approved method of notification about the decision to impose an interim suspension. This notification can either be hand delivered to the student or sent by email within five (5) instructional weekdays of receiving the information.
The notification must include the following information:
a. the reason(s) for the interim suspension;
b. notice that the interim suspension does not replace the regular hearing process;
c. information about requesting a hearing before the Hearing Committee; and
d. notice that the student is denied access to the campus during the period of suspension without prior approval of the Vice President for Student Development Services or designee
A. Academic Misconduct
1. Reporting Misconduct
a. A faculty member who has reason to believe that a student enrolled in his/her class has committed an act of academic misconduct may confer with the department chair and will communicate the allegations with the student as soon as possible after discovering the incident no later than ten (10) instructional days. The faculty member will notify the student of the alleged act of academic misconduct and the information on which it is based and provide the student with the opportunity to refute the allegation. If the student chooses not to respond to the allegations within two (2) instructional days, the instructor will make a decision based upon the available information.
b. If the student does respond to the allegations and the instructor concludes that an academic integrity violation occurred, the faculty member will notify the Director of Student Affairs and may recommend one of the following academic sanctions:
1) Assign a zero or lower grade
2) Require the student repeat or resubmit the work (with or without the option to lower grade)
3) Refer student to campus resources relating to the nature of the offense.
c. The instructor will submit an incident report to the Director of Student Affairs within five (5) instructional days of making a decision. If the student disagrees with the instructor’s decision, the student may request a hearing with the Director of Student Affairs, within five (5) instructional days after receipt of the instructor’s decision.
2. Academic Misconduct Process
a. Procedures
The Director of Student Affairs shall complete a preliminary investigation of the charge and sched¬ule a meeting with the student within seven (7) instructional weekdays after receiving the student request. After discussing the alleged infraction with the student and reviewing available information, the Director of Student Affairs will decide whether the information presented during the meeting indicates that the violation occurred as alleged.
If the student cannot be reached to schedule an appointment or if the student fails to attend the meeting, the DSA will base the decision upon the available information. If the student does not respond within five (5) instructional days of delivery of the request to meet, the case will be adjudicated in the student’s absence thus waiving the student’s right to appeal the case to the Hearing Panel.
b. Sanctions
If the available information indicates that the violation occurred as alleged, utilizing the standard of “preponderance of evidence,” which means that the information would lead one to conclude that it is highly probable that the violation(s) occurred as alleged, then one of the following sanctions will be levied.
1) Assign a zero (0) or lower grade to the paper, project, assignment or examination involved in the act of misconduct.
2) Require the student to repeat or resubmit the paper, project, assignment, or examination involved in the act of misconduct.
3) Assign a failing grade for the course.
4) Require the student to withdraw from the course.
5) Inclusion of a sanction from Section VIII.B.2.b. Behavioral Misconduct.
The Director of Student Affairs will send an approved method of notification to the student. This notification will confirm the date of the meeting, identify the specific regulations(s) that the student allegedly violated, identify the decision, summarize the rationale, and, if the student violated the regulation(s), state the sanction that was imposed. This notification must also state that if the stu¬dent disagrees with the decision or the sanction following their meeting, the student may request in writing a hearing before the Hearing Panel. The student must submit this request to the Vice President of Student Development Services and the Director of Student Affairs by close of business no later than five (5) instructional weekdays after delivery of the decision letter unless a request is made and approved by the Director of Student Affairs for an extension. The written request must include a statement indicating why the student disagrees with the decision of the Director of Student Affairs.
3. Academic Misconduct Hearing Panel
a. Hearing Panel Composition
The Hearing Panel shall be composed of the following:
1) One (1) Dean appointed by the Chief Academic Officer, or designee.
2) One (1) faculty member appointed by the Chief Academic Officer, or designee.
3) One (1) student member appointed by the Vice President of Student Development Services or designee.
4) The Vice President for Student Development Services and Director of Student Affairs serve as ex officio non-voting members of the Panel. The Vice President for Student Development Services or designee presents the case to the Hearing Panel.
b. Hearing Panel Function
The Hearing Panel shall perform the following functions:
1) Hear cases of alleged violations of the Student Code of Conduct pertaining to Academic Misconduct as outlined in VII. A. of the Student Code.
2) Make decisions based only on evidence and information presented at the hearing.
3) Provide the student with a statement of the Panel’s decision including findings of fact and, if applicable, impose one or more of the following sanctions:
i. Assign a zero (0) grade or lower grade to the paper, project, assignment or examination involved in the act of misconduct.
ii. Require the student to repeat or resubmit the paper, project, assignment, or examination involved in the act of misconduct.
iii. Assign a failing grade for the course.
iv. Require the student to withdraw from the course.
v. Inclusion of sanctions from Section VIII. C. 2. a. Behavioral Misconduct Procedure.
c. Hearing Panel Procedures
1) A Hearing Panel will be convened within fifteen (15) instructional weekdays of the student’s official appeal.
2) The Vice President for Student Development Services, or designee, will serve as the point of contact for the Hearing Panel and the student. The student should have no direct contact with the Hearing Panel prior to the Hearing Panel meeting.
d. Hearing Panel Meetings
1) The Dean shall be appointed as the chair of the Panel. Ex officio members of the Panel may not serve as the chair of the Panel.
2) Panel hearings shall be closed to all persons except the student accused of the violation(s), an advisor if requested by the student, the person(s) initiating the charge(s), witnesses authorized by the Panel to participate in the hearing, and one or more persons designated by the Panel to be responsible for making an official written record or audio recording of the hearing. The student’s advisor is solely to advise the student. The student’s advisor may not address the Hearing Panel or participate in any of the questioning.
3) The hearing will be recorded with the exception of deliberations. No other party in the hearing may record the proceedings, and no other party is entitled to a copy of the recording.
4) Witnesses shall be called in one at a time to make a statement and to respond to questions.
5) After hearing all of the information, the Hearing Panel will begin its deliberations. Using the standard “preponderance of evidence,” which means that the information presented at the hearing would lead one to conclude that it is highly probable that the violation(s) occurred as alleged, the members will determine, by majority vote, whether the violation occurred as alleged. If it is deter¬mined that the violation(s) occurred as alleged, by majority vote, the members will decide upon the appropriate sanction.
6) The Chair of the Hearing Panel will send an approved method of notification to the student within two (2) instructional weekdays of the Panel’s decision. The letter shall inform the student about the Panel’s decision, the date of the decision, and if applicable, the sanction(s) imposed.
7) The decision of the Hearing Panel is final and cannot be grieved. The student may only appeal a decision or the sanction to the College’s President or designee if the student can provide new evidence not available during the Hearing Panel’s review that could affect the determination, can demonstrate bias by the Hearing Panel that affected its determination, or if the sanction is suspension or expulsion from the college. An appeal must be submitted in writing within seven (7) instructional days of the date on which the Hearing Panel made its decision. Unless the sole basis for the appeal is challenging the sanction of suspension or expulsion, the appeal must set forth new evidence or the rationale to support allegations of bias by the Hearing Committee.
C. Behavioral Misconduct
1. Reporting Misconduct
Any member of the college community may file charges alleging a violation of the Student Code. A charge, that includes a description of the alleged violation, must be submitted in writing to the Director of Student Affairs (DSA) as soon as possible after the incident occurs, but no later than ten (10) instructional weekdays after the incident, unless the person filing the charge demonstrates that exceptional circumstances prevented filing the charge within this time period. The Director of Student Affairs will determine whether the circumstances merit an extension of the deadline.
2. Behavioral Misconduct Procedure
a. Preliminary Investigation
Within seven (7) instructional weekdays after the charge has been filed, the Director of Student Affairs shall complete a preliminary investigation of the charge and schedule a meeting with the student. After discussing the alleged infraction with the student and reviewing available information, the Director of Student Affairs will decide whether the information presented during the meeting indicates that the violation occurred as alleged.
When the student cannot be reached to schedule an appointment, or when the student fails to attend the meeting, the Director of Student Affairs will base the decision upon the available information. If the student does not respond within five (5) instructional days of the delivery of the request to meet, the case will be adjudicated in the student’s absence, thus waiving the student’s right to appeal the case to the Hearing Committee.
If the available information indicates that the violation occurred as alleged, utilizing the standard of “preponderance of evidence,” which means that the information would lead one to conclude that it is highly probable that the violation(s) occurred as alleged, one of the following sanctions will be imposed:
1) Reprimand – A written warning documenting that the student violated a student conduct regulation and indicating that subsequent violations could result in more serious disciplinary sanctions.
2) Special Conditions – Completion of a variety of educational activities, relating to the nature of the offense may be imposed. Examples include, but are not limited to, the following: a formal apology, an essay or paper on a designated topic, or participation in a special project or activity.
3) Restitution – Compensation for loss or damage to college property or the property of others while on the campus, or at a college event or activity including but not limited to field trips, internships, and clinicals.
4) Disciplinary Probation – A written reprimand documenting that the student violated a student conduct regulation. Probation is for a specified period of time and it serves as a warning that subsequent vio¬lations could most likely result in more serious disciplinary sanctions.
5) Loss of Privileges – Suspension or termination of particular student privileges.
6) Suspension from the College – Separation from the college for a specified period of time. Suspended students will not receive academic credit for the semester in which the suspension was imposed. During the suspension period, the student may not return to the campus unless prior permission by the Director of Student Affairs has been granted.
7) Expulsion from the College – Permanent separation from the college. An expelled student may not return to the campus unless prior permission by the Director of Student Affairs has been granted. An expelled student will not receive academic credit for the semester in which the expulsion was imposed.
8) Any combination of the above.
The Director of Student Affairs will send an approved method of notification to the student. This notification will confirm the date of the meeting, identify the specific regulation(s) that the student allegedly violated, identify the decision, summarize the rationale, and, if the student violated the regulation(s), state the sanction that was imposed. This notification must also state that if the student disagrees with the decision or the sanction following their meeting, the student may request in writing a hearing before the Hearing Committee. The student must submit this request to the Vice President of Student Development Services and the Director of Student Affairs by close of business no later than five (5) instructional weekdays after delivery of the decision letter unless a request is made and approved by the Director of Student Affairs for an extension. The written request must include a statement indicating why the student disagrees with the decision of the Director of Student Affairs.
3. Behavioral Misconduct Hearing Committee
a. Hearing Committee Composition
The Hearing Committee shall be composed of the following:
1) Two (2) faculty members appointed by the Chief Academic Affairs Officer, or designee and approved by the President or designee.
2) Two (2) student members appointed by the Vice President for Student Development Services, or designee, and approved by the President or designee.
3) One (1) member of the Student Development Services staff appointed by the Vice President for Student Development Services, or designee, and approved by the President, or designee.
4) The Vice President for Student Development Services and Director of Student Affairs serve as ex officio non-voting members of the Committee. The Vice President for Student Development Services or designee presents the case to the Hearing Committee.
b. Hearing Committee Functions
The Hearing Committee shall perform the following functions:
1) Hear cases of alleged violations of the Student Code of Student Conduct.
2) Ensure that the student's procedural rights are met during the hearing proceedings.
3) Make decisions based only on evidence and information presented at the hearing.
4) Provide the student with a statement of the committee's decision including findings of fact and, if applicable, impose one or more of the following sanctions:
i. Reprimand – A written warning documenting that the student violated a student conduct regulation and indicating that subsequent violations could result in more serious disciplinary sanctions.
ii. Special Conditions – Completion of a variety of educational activities, relating to the nature of the offense may be imposed. Examples include, but are not limited to, the following: a formal apology, an essay or paper on a designated topic, or participation in a special project or activity.
iii. Restitution – Compensation for loss or damage to college property or the property of others while on the campus, or at a college event or activity including but not limited to field trips, internships, and clinicals.
iv. Disciplinary Probation – A written reprimand documenting that the student violated a student conduct regulation. Probation is for a specified period of time and it serves as a warning that subsequent violations could most likely result in more serious disciplinary sanctions.
v. Loss of Privileges – Suspension or termination of particular student privileges.
vi. Suspension from the College – Separation from the college for a specified period of time. Suspended students will not receive academic credit for the semester in which the suspension was imposed. During the suspension period, the student may not return to the campus unless prior permission by the Director of Student Affairs has been granted.
vii. Expulsion from the College – Permanent separation from the college. An expelled student may not return to the campus unless prior permission by the Director of Student Affairs has been granted. An expelled student will not receive academic credit for the semester in which the expulsion was imposed.
viii. Any combination of the above.
c. Hearing Committee Procedures
1) A Hearing Committee will be convened within twenty-one (21) instructional weekdays of the student’s official appeal. The Vice President for Student Development Services, or designee, shall refer the matter to the Hearing Committee with a report of the nature of the alleged misconduct, the name of the person(s) filing the complaint(s), the name of the student against whom the charge(s) has (have) been filed, and a summary of the findings from the preliminary investigation.
The Vice President for Student Development Services, or designee, will serve as the point of contact for the Hearing Committee and the student. The student should have no direct contact with the Hearing Committee prior to the Hearing Committee meeting.
2) At least seven (7) instructional weekdays before the date set for the Hearing Committee's meeting, the Vice President for Student Development Services, or designee, shall send an approved method of notification to the student. The letter must contain the following information:
i. A statement of the charge(s).
ii. A brief description of the incident that led to the charge(s).
iii. The name of the person(s) submitting the charges.
iv. The date, time, and place of the scheduled hearing.
v. A list of all witnesses who might be called to testify.
vi. A statement of the student's procedural rights. These rights follow:
a) The right to consult an advisor/counsel. The role of the person acting as advisor/counsel is solely to advise the student. Advisors/Counsel may not address the Hearing Committee or participate in any of the questioning. However, where a student faces disciplinary or honor code violations as a result of a criminal charge that is associated with the complaint, the student has a right to retain counsel to provide full legal representation in all proceedings including, but not limited to, allowing counsel to appear on behalf of the student, speak on behalf of the student, question witnesses, protect the statutory and constitutional rights of the student, and to otherwise fully participate in all proceedings on behalf of the student. The student has the responsibility for paying any of the advisor/counsel's fees and any other of the advisor/counsel's charges.
b) The right to present witnesses on one's behalf.
c) The right to know the names of any witnesses who may be called to testify at the hearing.
d) The right to review all available evidence, documents, exhibits, etc., that may be presented at the hearing.
e) The right to present evidence; however, the Hearing Committee will determine what evidence is admissible.
f) The right to know the identity of the person(s) bringing the charge(s).
g) The right to hear witnesses on behalf of the person bringing the charges.
h) The right to testify or to refuse to testify without such refusal being detrimental to the student.
i) The right to a fair and impartial decision.
j) The right to appeal the Hearing Committee's decision.
3) On written request of the student, the hearing may be held prior to the expiration of the seven (7) day advance notification period if the Vice President for Student Development Services, or designee, concurs with this change.
4) The Vice President for Student Development Services, or designee, may postpone the hearing due to circumstances beyond the control of the parties.
d. Hearing Committee Meetings
1) The chair shall be appointed by the President or designee from among the membership of the committee. Ex officio members of the committee may not serve as the chair of the committee.
2) Committee hearings shall be closed to all persons except the student accused of the violations(s), the person(s) initiating the charge(s), respective advisor/counsel for the student and for the College, witnesses authorized by the Committee to participate in the hearing, and one or more persons designated by the Committee to be responsible for making an official written record or audio recording of the hearing.
3) The hearing will be recorded with the exception of deliberations. No other party in the hearing may record the proceedings, and no other party is entitled to a copy of the recording. The official audio recording or written record of the hearing is the property of the College and the recorded testimony will be maintained in the office of the Vice President for Student Development Services. The student may review the recording under the supervision of the Vice President for Student Development Services or designee, but the student is not entitled to a copy of the audio recording or written record. Notes made by Committee members for use as a personal memory aid shall not be made a part of the written record and are not subject to review by the student.
4) Witnesses shall be called in one at a time to make a statement and to respond to questions.
5) After the portion of the hearing concludes in which all pertinent information has been received, everyone other than the Committee will be excused, and its deliberations will begin. The “preponderance of the evidence” standard shall apply to the deliberations, which means that the Committee members must determine if the information presented at the hearing leads them to conclude that it is more likely than not that the violation(s) occurred as alleged. The Committee members will determine by majority vote whether the violation(s) occurred and, if so, the Committee members will decide upon the appropriate sanction(s) by majority vote.
6) The Chair of the Hearing Committee will send an approved method of notification within two (2) instructional weekdays of the Committee’s decision. The letter shall inform the student about the Committee’s decision, the date of the decision, and if applicable, the sanction(s) imposed. The letter will also inform the student about the appeal process.
e. Appeal
The student may appeal a decision or the sanction to the College’s President or designee if the student can provide new evidence not available during the Hearing Committee’s review that could affect the determination, can demonstrate bias by the Hearing Committee that affected its determination, or if the sanction is suspension or expulsion from a program or the college. An appeal must be submitted in writing within seven (7) instructional days of the date on which the Hearing Committee made its decision. Unless the sole basis for the appeal is challenging the sanction of suspension or expulsion, the appeal must set forth new evidence or the rationale to support allegations of bias by the Hearing Committee.
The decision of the President or designee is final and cannot be appealed further. The President or designee shall review the Hearing Committee's findings, conduct additional inquiries as deemed necessary, and render a decision within ten (10) instructional days of receiving the appeal. The President or designee, whose decision is final, shall have the authority to approve, modify, or overturn the Hearing Committee's decisions and, if needed, void the process and reconvene another Hearing Committee. The decision of the President or designee regarding disciplinary actions is final and cannot be grieved.
The President or designee will inform the student about the outcome of the appeal by an approved method of notification.