Due Process

Due Process Procedures

The purpose of thes procedures is to provide a prompt and equitable means to address violations of the Student Code of Conduct, as set forth in Administrative Procedures AP 5.17. Due process is a student's right to notice of the violation and a fair and impartial opportunity to be heard.

 

Notice of Violation to student:

  • When violations are reported to Judicial Affairs a letter will be sent to the student informing them of the Student Code of Conduct violation.
  • The letter is a Notification of Incident and Request for a meeting with the Disciplinary Officer.
  • Student should adhere to any deadlines noted in the letter. Failure to adhere to deadlines will lead to a disciplinary hold placed on a student's academic record. The hold will prevent any transactions at the college, including enrolling/dropping classes, withholding transcripts, etc. Once a Disciplinary Conference is held, the student will be informed if the hold will be removed or remain on record.
  • Once an appointment is scheduled and confirmed. If an appointment needs to be rescheduled contact Judicial Affairs. If the disciplinary meeting is missed, the Disciplinary Officer will proceed as if the meeting was held and impose applicable sanctions based on the reported violations.
  • Depending on the nature of the allegation(s), in advance the student is given the opportunity to bring an advocate to the scheduled disciplinary conference meeting.
 
Disciplinary Conference Meeting:
 
  • At the Disciplinary Conference meeting the Disciplinary Officer will briefly discuss the incident report and the violations.
  • Student will have the opportunity to present their "side of the story."
  • Student may be tentatively informed of the sanctions and actions that will be taken and warned that continued misconduct may result in the imposition of additional sanctions.
  • Every case is decided individually.
  • Within ten (10) business days of the completion of the Disciplinary Conference, the Disciplinary Officer may dismiss the allegation of misconduct or impose any of the following sanctions:
    • Warning
    • Reprimand
    • Restriction
    • Restitution
    • Disciplinary Probation
    • Removal from an Academic Program:
    • Removal from a Class Activity, or Site
    • Suspension
    • Explusion 
  • With the exception of a warning, all of the above disciplinary sanctions become part of the student's college disciplinary record.
  • The Disciplinary Officer may impose conditions for any or all of the above sanctions.
  • The following disciplinary sanctions are not appealable: warning, reprimand, disciplinary probation, restriction, restitution, removal from an academic program, suspension from specific classes, activities, programs, labs or locations.
  • Repeated and/or multiple infractions may lead to greater disciplinary sanctions.

Request for an Appeal Hearing in Cases of Suspension or Recommended Expulsion:

 

  • If the The Disciplinary Officer imposes a suspension or recommends expulsion, the Disciplinary Officer will advise the student of a right to request an appeal hearing 
  • A written request for appeal must be submitted via certified mail no later than five (5) business days after the Disciplinary Officer imposes a suspension or recommends an expulsion.
  • The grounds for an appeal of suspension are limited to new information, errors in statement of facts or violations of a student's due process rights.
    • New Information: Information sufficient to alter a factual finding or recommendation not raised during Disciplinary Conference.
    • Error in Statement of Fact: Factual evidence or information that is inaccurate, misleading or misinterpreted.
    • Due Process:  Specific instances or conduct that the accused student claims resulted in a disciplinary process that was not conducted fairly.
  • If the student does not appeal a suspension or recommended expulsion, then the suspension will be considered final.
  • Within 14 business days of receipt of a Request for an Appeal Hearing, a written notice of an Appeal Hearing will be sent to the student.
  • The Hearing Officer or Hearing Panel shall issue a written decision to the student within ten (10) business days following the days of the appeal hearing.
  • The Hearing Officer may sustain the recommended sanctions imposed by the Disciplinary Officer or overrule the sanctions in whole or in part.
  • If the Hearing Officer recommends expulsion, the matter will be submitted to the Chancellor for Board of Trustees final action.
  • The student has no further appeal of a suspension.