Drug And Alcohol Abuse Prevention Program  

Disciplinary Procedures

A. Complaints

1. Allegation of a violation of the Code of Student Conduct may be made by any member or guest of the College community, or by any representative of any department or agency of the College.
2. Allegations must be in writing within ten (10) days of the report of an alleged code violation (For example, Departmental Complaint or Documentation Form and/or Public Safety, contracted security, or Law Enforcement report, etc.) and shall be filed with the Dean of Student Services at the campus where the infraction occurred.
3. The Dean of Student Services or his/her designee shall then investigate the alleged violation of the Code of Student Conduct.
4. The Dean of Student Services or his/her designee will determine one of two actions:

a. If there is a probable violation of the Code, the Dean or his/her designee will determine which section(s) of the Code have been allegedly violated, then request a meeting with the student(s) involved.

i. Any alleged violations will be explained to the student in writing within fifteen (15) business days of the Dean’s receipt of the documentation.
ii. Notification of the complaint shall be in person, e-mail with confirmation receipt, and/or by certified mail, return receipt requested, addressed to the student.
iii. The written notification shall contain the date, time and location of a meeting with the Dean of Student Services or his/her designee within ten (10) business days of the date of the notification.

b. If there is not enough substance to support a probable violation of the Code, the matter will be dropped.

B. Meeting with the Dean or his/her designee

1. Upon receipt of the notification of the alleged violations and meeting appointment, the student has five (5) business days to contact the Dean or his/her designee to reschedule the meeting for a documented conflict. If the student refuses to meet or misses a scheduled meeting with the Dean or his/ her designee, the violations will be considered and decision made without his/ her input.
2. During the meeting with the Dean or his/her designee, the evidence will be reviewed to determine the alleged violation(s) of the Code and will be presented to the student. Witnesses will not be allowed to attend the meeting without the permission of the Dean.
3. If the student acknowledges responsibility and/or accountability for any violations of the Code, he/she would let the Dean or his/her designee know this during the meeting.

a. The Dean or designee will invoke one or more of the disciplinary measures from Section 5 and make appropriate adjustments for the particular violation(s).
b. The Dean or designee will inform the student of sanctions in writing within ten (10) business days.
c. The matter is closed with no appeal with the exception of suspension or expulsion.

4. If the student does not accept responsibility and/or accountability for one or more violations of the Code, he/she would let the Dean or his/her designee know during this meeting.

a. The Dean or designee will review all materials and documentation, listen to the student’s perspective, then consider the evidence to determine if the alleged violation(s) of Code are legitimate.
b. The Dean or designee may invoke one or more of the disciplinary measures from Section 5 and make appropriate adjustments for the particular violation(s).
c. The Dean or designee will inform the student of the decision and/or sanctions in writing within ten (10) business days.
d. The matter is closed with no appeal with the exception of suspension or expulsion.

5. If the Dean or his/her designee determines that the violation warrants either expulsion or suspension, the student will be advised that he/she has a five (5) business day period to request a hearing before the College Code of Conduct Committee (CCCC).

6. The burden of establishing facts in mitigation of expulsion or suspension will be upon the alleged violator.

a. If the student does not request to be heard by the CCCC within the five
(5) day period, the Dean of Student Services shall recommend the sanction of suspension or expulsion to the Campus President and advise the student in writing.
b. The Dean of Student Services or Campus President may opt to refer the matter to the College Code of Conduct Committee.
c. If the Dean of Student Services or Campus President requests the case be heard before the CCCC, the Dean of Student Services or designee shall forward the reports and evidence concerning the case to the Vice President for Student Services and Enrollment Management.

C. Appeal to the College Code of Conduct Committee (CCCC)
 
1. The Vice President for Student Services and Enrollment Management (VPSSEM) shall provide the date, time and place of the hearing to the CCCC. The Dean of Student Services will inform the alleged violator. The meeting date shall not be less than ten (10) days from the date of notification. Notification of the charge shall be in person (receipt required) or by email, certified mail, return receipt requested.A copy of this notification shall be filed in the Dean of Student Services’ Office. In addition, the College Code of Conduct Committee shall instruct the Dean of Student Services to forward to the student immediately, a list of witnesses and a copy of their statements and/or documents of alleged violations along with other evidence that the complainant intends to submit against him/her.
2. If, after due notice of the alleged violations and date of hearing, the student fails to appear and the majority of the CCCC is satisfied that the student had appropriate notice of the charge and date of the proceeding and no valid excuse for not appearing, the CCCC may then hold the hearing without the student present.
3. Decisions in all cases shall be determined by a simple majority vote of the members present.
4. The CCCC shall follow the Rules Governing Procedures of the CCCC and Procedural Rights of Individuals Charged (see Section 8). In addition, the CCCC may adopt any other procedural rules that are not inconsistent with these rules in order to assure a fair and impartial hearing, and shall file a report containing findings of fact and conclusions as to the validity of the alleged violations. The report, along with recommendations shall be filed with the Dean of Student Services. If the hearing was conducted in the absence of the individual charged, the report shall so indicate.

D. Imposition of Sanctions
If the person charged is found responsible or accountable for violating the Code, the Campus President and the Dean of Student Services shall review the CCCC report and recommendations, then impose any appropriate sanction or sanctions. A report of findings and impositions of sanctions shall be provided to the alleged violator of the Code (signature required) in person or by certified mail, return receipt requested. A student’s failure to sign constitutes a de- facto acceptance.

E. Administrative Suspension
Pending the completion of the hearing before the CCCC, the status of the alleged violator of the Code within the college shall not be altered unless his/her continued involvement or presence on campus is found by the Dean of Student Services to constitute a serious threat to the College community or to the property of the College.