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 the Office of Student Conduct & Discipline 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 and possible suspension. 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 the Office of Student Conduct & Discipline. 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.