This Student Code of Conduct is promulgated under the provisions of the Ohio Revised Code section 111.15, amplifies Chapter 3346.21 and modifies Ohio Administrative Rules 3367:4-1-98 and 3357:4-52 as they apply to student behavior and conduct. The Student Code of Conduct is adapted from the Journal of College and University Law published by the National Association of College and University Attorneys and the Notre Dame Law School.
ARTICLE A: DEFINITIONS
- The term "COLLEGE" means Terra State Community College.
- The term "STUDENT" includes all persons taking courses at the College both full-time and part-time, pursuing undergraduate, or non-credit studies and those who attend post-secondary educational institutions other than Terra State Community College. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the College are considered "students."
- The term "FACULTY MEMBER" means any person hired by the College to conduct classroom or teaching activities or who is otherwise considered by the College to be a member of its faculty.
- The term "COLLEGE OFFICIAL" includes any person employed by the College performing assigned administrative or professional responsibilities.
- The term "MEMBER OF THE COLLEGE COMMUNITY" includes any person who is a student, faculty member, College official or any other person employed by the College. A person's status in a particular situation shall be determined by the chief student services officer.
- The term "COLLEGE PREMISES" includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College including adjacent streets and sidewalks.
- The term "ORGANIZATION" means any number of persons who have complied with the formal requirements for College recognition of sanctions.
- The term "STUDENT DISCIPLINE COMMITTEE" means any person or persons authorized by the Vice President for Student and Administrative Affairs to determine whether a student has violated the Student Code and to recommend sanctions that may be imposed when a regulations violation has been committed
- The term "STUDENT CONDUCT OFFICER" means a College official authorized on a case-by-case basis by the Vice President for Student and Administrative Affairs to impose sanctions upon students found to have violated the Student Code. The Vice President for Student and Administrative Affairs may authorize a Student Conduct Officer to serve simultaneously as a Student Conduct Officer and the sole member or one of the members of the Student Discipline Committee. The Vice President for Student and Administrative Affairs may authorize the same Student Conduct Officer to impose sanctions in all cases.
- The term "DISCIPLINE APPEALS COMMITTEE" means any person or persons authorized by the Vice President for Student and Administrative Affairs to consider an appeal from a Student Discipline Committee's determination as to whether a student has violated the Student Code.
- The term "SHALL" is used in the imperative sense.
- The term "MAY" is used in the permissive sense.
- The term "POLICY" is defined as the written regulations of the College as found in, but not limited to, the College catalog and student handbook, the College web pages and computer use policy.
- "LEVEL I" infractions of the Student Code are those for which the sanctions may be a warning, disciplinary probation, special restrictions or loss of privileges, fines, restitution, imposed reassignment of course section, or assignments of discretionary sanctions. Level I violations will generally be heard by a Student Conduct Officer.
- "LEVEL II" infractions of the Student Code are those for which the sanctions may be, in addition to those listed in Level I, suspension, expulsion from the College, revocation, or withholding of a degree. Level II violations will generally be heard by the Student Discipline Committee.
- The term "CHEATING" includes, but is not limited to (1) use of any unauthorized assistance in taking quizzes or examinations; (2) dependence upon the aid of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; or (3) the acquisition, without permission, of tests or other academic material belonging to a member of the College faculty or staff.
- The term "PLAGIARISM" includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. Examples include: the submission of an assignment purporting to be the student's original work which has been wholly or partly created by another person; the presentation as one's own, another person's ideas, organization, or wording without acknowledgment of sources; knowingly permitting one's own work to be submitted by another student as if it were the student's own; and the use of material from the World Wide Web, Internet, videos, encyclopedias, books, magazines, student papers, and copyrighted material without indicating where the material was found. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
- The term "COMPLAINANT" means any person who submits a charge alleging that a student violated this Student Code. When a person believes that she/he has been a victim of another student's misconduct, the student who believes she/he has been a victim will have the same rights under this Student Code as are provided to the Complainant, even If another member of the College community submitted the charge itself.
- The term "ACCUSED STUDENT" means any student accused of violating this Student Code.
ARTICLE B: STUDENT CODE AUTHORITY
- The Vice President for Student and Ad-ministrative Affairs shall determine the composition of the Student Discipline Committee and Discipline Appeals Committee and determine which Student Discipline Committee, Student Conduct Officer, and Discipline Appeals Committee shall be authorized to hear each case.
- The "Vice President for Student and Administrative Affairs" is that person designated by the College President to be responsible for the administration of the Student Code. TheVicePresident forStudentandAdministrative Affairs shall develop procedures for the administration of the student conduct system and rules for the conduct of hearings, which are not inconsistent with provisions of the Student Code.
- Decisions made by the Student Discipline Committee and/or a Student Conduct Officer designated by the Vice President for Student and Administrative Affairs, shall be final, pending the normal appeal process.
- A Student Discipline Committee may be designated as arbiter of disputes within the student community in cases, which do not involve a violation of the Student Code. All parties must agree to arbitration, and to be bound by the decision with no right of appeal.
ARTICLE C: CONDUCT – RULES AND REGULATIONS
Any student found to have committed the following misconduct is subject to the disciplinary sanctions outlined in Article F:
- Acts of dishonesty, including but not limited to the following:
Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other College activities, including its public-service functions on or off campus, or other authorized non-college activities, when the act occurs on college premises.
Physical abuse, verbal abuse, threats, intimidation, harassment, coercion and/or other conduct, which threatens or endangers the health or safety of any person.
Attempted or actual theft of and/or damage to property of the College or property of a member of the College community or other personal or public property.
Hazing, defined as an act, which endangers the mental or physical health or safety of a student, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization.
Failure to comply with directions of college officials or law enforcement officers acting in performance of their duties and/ or failure to identify oneself to these persons when requested to do so.
Unauthorized possession, duplication or use of keys to any College premises or unauthorized entry to or use of College premises.
Violation of any College policy, rule or regulation published in hard copy, posted on campus or available electronically on the College's website.
Violation of federal, state, or local law on College premises or at College-sponsored or supervised activities.
Use, possession, manufacturing or distribution of marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by law; use or possession of drug paraphernalia.
Use, possession or distribution of alcoholic beverages except as expressly permitted by the law and College regulations, or public intoxication. Alcoholic beverages may not, in any circumstances, be used by, possessed by, or distributed to any person under 21 years of age.
Illegal or unauthorized possession of firearms, explosives, other weapons or dangerous chemicals on College premises, or any object that by Its Intended or actual use may be used to threaten or harm people or damage or destroy property.
Participation in a campus demonstration which disrupts the normal operations of the College and infringes on the rights of other members of the College community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area; intentional obstruction which unreasonably interferes with freedom of movement, either pedestrian or vehicular on campus.
Obstruction of the free flow of pedestrian or vehicular traffic on college premises or at College-sponsored or supervised functions.
Conduct which is disorderly, lewd, or indecent breach of peace, or aiding, abetting, or procuring another person to breach the peace on College premises or at functions sponsored by, or participated in by the College or members of the academic community. Disorderly conduct includes but is not limited to: any unauthorized use of electronic or other devices to make an audio or video record of any person while on College premises without his/her knowledge, or without his/her effective consent when such recording is likely to cause injury or distress. This includes but is not limited to surreptitiously taking pictures of another person in a gym, locker room, or restroom.
Theft or other abuse of computer time, including but not limited to:
- Cheating, plagiarism, or other forms of academic dishonesty, furnishing false information to any College official, faculty member or office,
- Forgery, alteration, or misuse of any College document, record, or instrument of identification.
- Helping or attempting to help another student commit an act of dishonesty.
- Any form of academically unethical behavior involving misuse of College computers,
- Tampering with the election of any College recognized student organization
Tampering with any telecommunication service, including but not limited to: telephone, cable television, and/or voice mail; providing unauthorized service to another room or suite by any means through unauthorized installation of wiring jacks or extensions.
Abuse of the Student Conduct System, including but not limited to:
- Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
- Unauthorized transfer of a file.
- Unauthorized use of another individual's identification and password.
- Use of computing facilities to interfere with the work of another student, faculty member or college official.
- Use of computing facilities to send obscene or abusive messages.
- Use of computing facilities to interfere with normal operation of the college computing system.
Actions that endanger the student, the College or local community, or the academic process, or cause harm to self or others.
- Failure to obey the summons of a Student Discipline Committee, Discipline Appeals Committee, Student Conduct Officer, or College official to appear for a meeting or hearing as part of the Student Conduct System.
- Falsification, distortion, or misrepresentation of information before a Student Discipline Committee, or Student Conduct Officer.
- Disruption or interference with the orderly conduct of a proceeding.
- Attempting to discourage an individual's proper participation in, or use of, the Student Conduct System.
- Attempting to influence the impartiality of a member of a Student Discipline Committee or Discipline Appeals Committee prior to, and/or during, and/ or after a student conduct proceeding.
- Harassment (verbal or physical), and/or intimidation of a member of a student conduct body prior to, during and/or after a student conduct proceeding.
- Failure to comply with the sanction(s) imposed under the Student Code.
- Influencing or attempting to influence another person to commit an abuse of the Student Conduct System.
ARTICLE D: JURISDICTION OF THE TERRA STATE COMMUNITY COLLEGE STUDENT CODE
The Terra State Community College Student Code shall apply to conduct that occurs on College premises, at College-sponsored activities, and to off-campus conduct that adversely affects the College community and/or the pursuit of its objectives. Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if their conduct is not discovered until after a degree is awarded.) The Student Code shall apply to a student's conduct even if the student withdraws from school while a disciplinary matter is pending. The Vice President for Student and Administrative Affairs shall decide whether the Student Code shall be applied to conduct occurring off campus, on a case-by-case basis, In his/ her sole discretion.
ARTICLE E: VIOLATION OF LAW AND COLLEGE DISCIPLINE
- College disciplinary proceedings may be Instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Vice President for Student and Administrative Affairs. Determinations made or sanctions imposed under this Student Code shall not be subject to change because criminal charges arising out of the same facts that gave rise to violation of College rules or regulations were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
- When a student is charged by federal, state, or local authorities with a violation of law, the College will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also being processed under the Student Code, the College may advise off-campus authorities of the existence of the Student Code and of how much matters are typically handled within the College community. The College will attempt to cooperate with law enforcement or other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules, regulations, or sanctions). Individual students and other members of the College community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.
- If a student is charged with an off-campus violation of federal, state, or local laws, but not with any other violation of this Code, disciplinary action may be taken by the College and sanctions imposed for grave misconduct which demonstrates flagrant disregard for the College community. In such cases, no sanction may be imposed unless the student has been found guilty in a court of law or has declined to contest such charges, although not actually admitting guilt (e.g., "no contest" or nolo contendere").
ARTICLE F: STUDENT CODE OF CONDUCT PROCEDURES
All suspected violations of the Code will be reviewed in accordance with the procedures outlined below.
- Disciplinary Correspondence
All disciplinary correspondence will be sent to the student's official mailing address as listed with the Office of the Student Records. The College reserves the right to use other reasonable means to notify students.
- Filing Complaints
- Any member of the College community may file charges against any student for misconduct. Charges shall be prepared in writing and directed to the Vice President for Student and Administrative Affairs. Any charge should be submitted as soon as possible after the event takes place, preferably within forty-eight hours. The Vice President for Student and Administrative Affairs will designate a Student Conduct Officer. In cases of academic dishonesty and plagiarism, the Student Conduct Officer designated will be an academic official such as an assistant, associate or academic dean.
- hile action on a complaint of violating a College rule or regulation is pending, the status of the student shall not be altered except for reasons outlined in Section J.
- Presumption of Non-Violation
Any student charged with a violation under this Code shall be presumed not responsible until It is proven that, more likely than not, the violation of the rule or regulation occurred.
- Preliminary Investigation
When the Vice President for Student and Administrative Affairs or designee receives Information that a student has allegedly violated College rules, regulations, or local, state, or federal law, the Vice President or designee shall investigate the alleged violation and determine whether further action is necessary. After completing a preliminary investigation, the Vice President or designee may:
- Find no basis for the complaint and dismiss the allegation as unfounded, or
- Contact the student for a discussion and either:
- Dismiss the allegation.
- Identify that the alleged violation(s) equate to a Level I infraction and assign the case to a Student Conduct Officer to conduct a student conduct meeting with the student(s).
- Identify that the alleged violation(s) equate to a Level II infraction and schedule a hearing with the Student Discipline Committee.
- Summoning a Student for a Student Conduct Meeting
A student conduct meeting is a meeting between a student(s) involved in an alleged violation of the Code and a Student Conduct Officer and may include sanctions. In some cases, the meeting may resolve the matter.
- The Student Conduct Office shall provide the student with:
- Written notice of the charge(s) and an outline of rights.
- Review of all available Information, documents, exhibits, and a list of witnesses that may testify against the student.
- Following receipt of the notice of charges, a student:
- May elect not to contest the charges and to accept responsibility for them. If this election is made, the student must sign a waiver of the right to a hearing, and must accept the sanction imposed by the Student Conduct Officer. The decision to waive a hearing and accept the sanction is final and not appealable.
- May contest the charges and elect to proceed to a hearing. The hearing shall be scheduled not less than five (5) and nor more than 15 calendar days from the student conduct meeting.
ARTICLE G: HEARING PROCESS
Hearings provide the forum where parties to an allegation are afforded the opportunity to present Information for review by a Student Discipline Committee presided over by the chair of the Committee and moderated by the Vice President for Student and Administrative Affairs. The Vice President for Student and Administrative Affairs is an ex-officio member of the committee. A time shall be set for a Student Discipline Committee hearing, not less than five (5) nor more than 15 calendar days after the student has been notified. The maximum time limit for scheduling of hearings may be extended at the discretion of the Vice President for Student and Administrative Affairs or designee.
Hearings shall be conducted by the Student Discipline Committee according to the following guidelines, except as provided by article J below:
- In cases In which the Student Discipline Committee has been authorized by the Vice President for Student and Administrative Affairs to conduct a hearing, the recommendations of the members of the Student Discipline Committee shall be considered in an advisory capacity by the Vice President for Student and Administrative Affairs In determining and imposing sanctions.
- Composition: The Student Discipline Committee is composed of 15 members. Recommendations for membership on the Student Discipline Committee from the deans of each academic division, the faculty, the administration and staff of the College, and the executive committee of Student Government will be sought by the Vice President for Student and Administrative Affairs on an annual basis, or more frequently as needed. At the discretion of the Vice President for Student and Administrative Affairs, general solicitation of the student body for participation may be made. Based upon these recommendations and/or solicitations, candidates who meet eligibility requirements will be invited to apply and interview for participation the Student Discipline Committee.
- Term of service: Students shall serve for one academic year and may continue to serve at the discretion of the Vice President for Student and Administrative Affairs.
- Student eligibility: All students, full- or part- time, shall be eligible for recommendation to the Student Discipline Committee provided they have maintained a 2.30 cumulative grade point average, are not currently on disciplinary probation, and have not been suspended from the College.
- Training: All members of the Student Discipline Committee, upon receiving notice of appointment, shall be given all necessary information about their responsibilities and the means for carrying them out.
- Five students from the Student Discipline Committee will be chosen by the Vice President for Student and Administrative Affairs to hear a proceeding.
- Hearings normally shall be conducted in private.
- The Complainant, the Accused Student, and their advisors, if any, shall be allowed to attend the entire portion of the Student Discipline Committee hearing at which information is received (excluding deliberations). Admission of any other person to the hearing shall be at the discretion of the Student Discipline Committee and/or the Vice President for Student and Administrative Affairs, or designee.
- In the case of Student Discipline Committee hearings involving more than one Accused Student, the Vice President for Student and Administrative Affairs or designee, at his/her discretion, may permit the Student Discipline Committee hearings concerning each student to be conducted either separately or jointly.
- The Complainant and the Accused Student have the right to be assisted by any advisor they choose, at their own expense. The advisor may be an attorney. The complainant and/or the accused are responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in any hearings before the Student Discipline Committee. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Student Discipline Committee because delays will not normally be allowed due to the scheduling conflicts of an advisor.
- The Complainant, the Accused Student, and the Student Discipline Committee may arrange for witnesses to present information to the Student Discipline Committee. The College will try to arrange the attendance of possible witnesses who are members of the College community, if reasonably possible, and who are identified by the Complainant and/or Accused Student at least two (2) business days prior to the Student Discipline Committee hearing. Witnesses will provide information to and answer questions from the Student Discipline Committee. Questions may be suggested by the Accused Student and/or
Complainant to be answered by each other or by other witnesses, with such questions directed to the chairperson, rather than to the witnesses directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved at the discretion of the chairperson of the Student Discipline Committee, in consultation with the Vice President for Student and Administrative Affairs or designee.
- Pertinent records, exhibits, and written statements (including Student Impact Statements) may be accepted as information for consideration by the Student Discipline Committee, at the discretion of the Vice President for Student and Administrative Affairs.
- All procedural questions are subject to the final decision of the Vice President for Student and Administrative Affairs.
- After the portion of the Student Discipline Committee hearing concludes in which all pertinent information has been received, the Student Discipline Committee shall determine by majority vote whether the Accused Student has violated each section of the Student Code that the student is charged with violating.
- The Student Discipline Committee's determination shall be made on the basis of whether it is more likely than not that the Accused Student violated the Student Code.
- Formal rules of process, procedure, and/ or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Code proceedings.
- There shall be a single verbatim record, such as a transcription or tape recording, of all hearings before a Student Discipline Committee (not including deliberations). Deliberations shall not be recorded. Transcriptions and/or tapes made during Student Discipline Committee hearings shall be the property of the College. These materials are confidential. They are made available in case of appeal and, upon request, to the Discipline Appeals Committee hearing the appeal.
- If the Accused Student, with notices, does not appear before a Student Discipline Committee hearing, the information In support of the charges shall be presented and considered even if the Accused Student is not present. If the Accused Student fails to attend the hearing, it shall be deemed that he or she denies all allegations. When appropriate, a sanction will be determined and the student will be notified in writing.
- The Student Discipline Committee may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Accused Student, or other witness during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, audio tape, written statement, or other means, where and as determined In the sole judgment of the Vice President for Student and Administrative Affairs to be appropriate.
ARTICLE H: SANCTIONS
- The following sanctions may be imposed upon any student found to have violated the Student Code:
- WARNING–a notice in writing to the student that the student is violating or has violated institutional regulations.
- PROBATION–a written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanction if the student is found to be violating any institutional regulation(s) during the probationary period.
- LOSS OF PRIVILEGES–denial of specified privileges for a designated period of time.
- LOSS OF ACADEMIC CREDIT–forfeiture or reduction in the grade assigned for an assignment, project, quiz, test, or course due to academic dishonesty.
- FINES–previously established and published fines may be imposed.
- RESTITUTION–compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.
- DISCRETIONARY SANCTIONS–work assignments, service to the College or other related discretionary assignments (such assignment must have the prior approval of the Student Conduct Officer.)
- COLLEGE SUSPENSION–separation of the student from the College for a definite period of time, after which the student is eligible to return. Conditions for re-admission may be specified.
- COLLEGE EXPULSION–is permanent separation of the student from the College
- REVOCATION OF ADMISSION AND/ OR DEGREE–Admission to or a degree awarded from the College may be revoked for fraud, misrepresentation, or other violation of College standards in obtaining the degree, or for other serious violation committed by a student prior to graduation.
- WITHHOLDING DEGREE–The College may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Code of Conduct, including the completion of all sanctions imposed, if any.
- More than one of the sanctions listed above may be imposed for any single violation.
- Sanctions imposed for acts of academic dishonestly typically will follow a threestep progression. The sanctions for the first offense will include loss of academic credit for the assignment or test and a warning. The sanctions for the second offense will include loss of academic credit for the course and probation status for the duration of the student's enrollment at the College. The sanction for the third offense is college expulsion. The Vice President for Student and Administrative Affairs maintains records of code of conduct offenses.
- Other than College suspension, expulsion, or revocation or withholding of a degree, disciplinary sanctions shall not be made part of the student's permanent academic record, but shall become part of the student's disciplinary record. Upon graduation, the student's disciplinary record may be expunged of disciplinary actions other than, College suspension or College expulsion, upon application to the Vice President for Student and Administrative Affairs. Cases involving the imposition of sanctions other than College suspension, College expulsion, or revocation or withholding of a degree shall be expunged from the student's disciplinary record three (3) years after the student completes all requirements for graduation.
- In situations involving both an Accused Student(s) (or group or organization) and a student(s) claiming to be the victim of another student's conduct, the records of the process and the sanctions imposed, if any, shall be considered to be the education records of both the Accused Student(s) and the student(s) claiming to be the victim because the educational career and chances of success in the academic community of each may be impacted.
- The following sanctions, in addition to those listed above, may be imposed upon groups or student organization: loss of selected rights and privileges for a specified period of time, and/or deactivation/loss of all privileges, including College recognition, for a specified period of time.
- In each case in which a Student Conduct Officer determines that a student has violated the Student Code, the recommendation of the Student Conduct Officer shall be considered by the Vice President for Student and Administrative Affairs in determining and imposing sanctions. In ca es in which the Student Discipline Committee has been authorized to determine that a student has violated the Student Code, the recommendation of all members of the Student Discipline Committee shall be considered by the Vice President for Student and Administrative Affairs in determining and imposing sanctions. The Vice President for Student and Administrative Affairs is not limited to sanctions recommended by members of the Student Discipline Committee.
- Following the Student Discipline Committee hearing, the Vice President for Student and Administrative Affairs shall advise the Accused Student(s), group and/or organization (and complaining student who believes she/he was the victim of another student's conduct) in writing of its determination and/or the sanction(s) imposed, if any. A copy of the notification will be retained in the student's disciplinary record. Cases involving suspension or expulsion or revocation or withholding of a degree will also be filed in the student's academic record.
ARTICLE I: APPEALS
- A decision reached by the Student Discipline Committee or a sanction imposed may be appealed by the Accused Student(s) or Complainant(s) to the Discipline Appeals Committee within five school days of the decision. Such appeals shall be in writing and shall be delivered to the Vice President for Student and Administrative Affairs.
- Composition: The Discipline Appeals Committee is composed of three (3) members: (a) the president of the Terra Faculty Association; (b) an administrator appointed by the President; and (c) the president of the Student Government.
- Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim records of the Student Discipline Committee hearing and supporting documents for one or more of the following purposes:
- To determine whether the Student Discipline Committee hearing was conducted fairly in light of the charges and evidences presented, and in conformity with prescribed procedures, giving the complaining party a reasonable opportunity to prepare and present evidence that the Student Code was violated, and giving the Accused Student a reasonable opportunity to prepare and to present a rebuttal of these allegations.
- To determine whether the decision reached regarding the Accused Student was based on substantial evidence, that is, whether the facts in the case were sufficient to establish that a violation of the Student Code occurred.
- To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code, which the student was found to have committed.
- To consider new evidence, sufficient to alter a decision, or other relevant facts because such evidence and/or facts were not known to the person appealing at the time of the original hearing.
- If the Discipline Appeals Committee upholds an appeal, the matter may be returned to the original Student Discipline Committee for reopening of the Student Discipline Committee hearing to allow reconsideration of the original determination and/or sanction(s).
- In cases involving appeals by students accused of violating the Student Code, the Discipline Appeals Committee may, upon review of the case, reduce but not increase the sanctions imposed by the Student Discipline Committee.
- In cases involving appeals by persons other than student(s) accused of violating the Student Code, the Discipline Appeals Committee may, upon review of the case, reduce or increase the sanctions imposed by the Student Discipline Committee.
- Following the appeal, the Vice President for Student and Administrative Affairs shall advise the Accused Student(s) in writing of the determination of the Discipline Appeals Committee and of the sanction(s) imposed, If any. A copy of the notification will be retained in the student's disciplinary record. Cases involving College suspension, expulsion, or revocation or withholding of a degree will be filed in the student's academic record.
ARTICLE J: EXCEPTIONAL PROCEDURES
- INTERIM SUSPENSION
In certain circumstances, the, Vice President for Student and Administrative Affairs or designee may impose a College suspension prior to the hearing before the Student Discipline Committee.
Interim suspension is an action requiring that a student immediately leave the campus and College property.
- Interim suspension may be imposed only: a) to ensure the safety and well being of members of the College community or preservation of College property; b) to ensure the student's own physical or emotional safety and well being; or c) if the student poses an ongoing threat of disruption of or interference with the normal operations of the College.
- During the interim suspension, the student shall be denied access to the campus (including classes) and/or all other College activities or privileges for which the student might otherwise be eligible,astheVicePresident forStudent and Administrative Affairs or designee may determine to be appropriate.
- Temporary Restriction from Personal Contact
The Vice President for Student and Administrative Affairs or designee may temporarily restrict a student from any personal, verbal, written, telephone, electronic, and third-party contact with another person pending an investigation and/or hearing whenever the contact could constitute a danger to the person or to the safety of the person or property, or the seriousness of the allegations warrants such action. Any student so restricted may obtain an explanation of the basis for such restriction upon request.
- Withdrawal Prior to Student Conduct Proceedings
The student who withdraws or fails to return to the University while disciplinary action is pending will be Ineligible for readmission until the outstanding matter is resolved. The College reserves the right to formally restrict individual(s) from the campus grounds while such action is pending. Any further readmission would require an appeal in writing to the Vice President for Student and Administrative Affairs or designee and approval by the Vice President for Student and Administrative Affairs or designee.
ARTICLE K: INTERPRETATION AND REVIEW
- Any question of interpretation regarding the Student Code shall be referred to the Vice President for Academic and Student Affairs for final determination.
- The Student Code will be reviewed every three years under the direction of the Vice President for Student and Administrative Affairs.