Judicial Policies Disciplinary Proceedings - Academic Affairs & Student Affairs

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Violations of the Student Code of Conduct related to academic activities are overseen by the Vice President of Academic Affairs, who may appoint a designee to investigate individual complaints; academic complaints may be referred to the Academic Standards/Standing Committee for resolution. Violations of the Student Code of Conduct related to non-academic activities are overseen by the Vice President of Student Affairs, who may appoint a designee to investigate individual complaints; non-academic complaints may be referred to the Judicial Committee for resolution.

  1. Membership of Academic Standards/Standing Committee
    The voting membership of the Academic Standards/Standing Committee will be appointed annually by the Vice President of Academic Affairs.
  2. Charges – both Academic Affairs and Student Affairs
    1. Any person who witnesses a violation of the Student Code of Conduct may bring a charge forward to the authorized designated staff member (as outlined in Section III.A or III.C above).
    2. Charges brought against a student must be in writing. Incident report forms may be obtained from the Academic or Student Affairs Offices, as well as from the Judicial Advisor. In addition, forms may be made available through Campus Security (where available) or on the college web site at the discretion of the college.
      Information in the charge should include but not be limited to the following:
      1. Reporting person’s name, address, phone, and student identification number (contact and ID number shall not be released to the accused without written permission of the person reporting the incident);
      2. Date, time, and location of incident;
      3. Person(s) involved in the incident;
      4. Victim(s) or damages involved in the incident;
      5. Complete narrative description of the incident;
      6. Names of witnesses to the incident;
      7. Any other information deemed appropriate.
        Copies of the form should be submitted to the Judicial Advisor and to the Vice President of Academic or Students Affairs (or designee), as appropriate.
    3. The Vice President of Academic Affairs/Student Affairs (or designee, which may include the Academic Standards/Standing Committee or the Judicial Committee) will investigate and hear all complaints and may a) dispose of the complaint as unfounded; b) mediate an informal resolution; c) issue (or authorize to be issued) sanctions as described in Section III above; or d) forward to the Academic Standards Committee or the Judicial Committee for resolution. A time shall be set for an initial hearing between the accused and the authorized investigating individual/committee, not less than one (1) nor more than five (5) class days after the student has been notified. Maximum time limits for scheduling of hearings may be extended at the discretion of the Vice President of Academic Affairs/Student Affairs (or designee) (see Section III.A and III.C above).
  3. Student Discipline - Academic Affairs
    Student discipline is a joint responsibility of the Offices of Academic Affairs and Student Affairs. Therefore, while disciplinary action related to the student's involvement in academic activity is the responsibility of the Office of Academic Affairs, it is essential that the Office of Student Affairs be apprised of complaints and dispositions brought forward through the academic disciplinary process to ensure complete fairness in final adjudications. Serious complaints that may result in a student's suspension or dismissal need to be handled jointly by the VPAA and VPSA at the outset, especially in those cases where it may not be clear whether the matter should be adjudicated through the Student Affairs or Academic Affairs disciplinary process. It is the joint responsibility of the VPAA and VPSA, and other parties they deem appropriate, to determine the appropriate disciplinary path. The Vice President of Academic Affairs will oversee the adjudication of those disciplinary complaints and actions directly associated with a student's participation in academic activities (e.g., complaints and actions related to completion of course assignments/assessments, continued course enrollment, continued program matriculation, behaviors that interfere with the instructional process, etc.). Additionally, the Leadership Team of the college will appoint an Academic Standards/Standing Committee Judicial Advisor from among the faculty/staff ranks for a renewable two-year term to hear appeals pursuant to sections E and F below. In addition, the Leadership Team of the college will appoint an Academic Judicial Advisor who will be a faculty member and whose role is defined in C,2 below.
    1. Academic Affairs Sanctions
      The Vice President of Academic Affairs authorizes faculty, to issue sanctions numbered 1-4 below for violations of the Student Code of Conduct related to the instructional process. Incidents leading to sanctions listed in numbers 5-9 will be investigated and sanctions issued, where appropriate, by the Vice President of Academic Affairs or his/her designee. Note: A student's failure to meet academic progress (cumulative GPA) standards is managed separately from violations of the Student Code of Conduct. Consult the college catalog or the Academic Affairs Office for more information about acceptable academic progress.
      1. Warning - a notice in writing to the student that the student is violating or has violated academic regulations;
      2. Temporary Expulsion from Class - an immediate expulsion from a class for a designated period of time, usually one class, for behavior detrimental to or disruptive of instruction;
      3. Permanent Expulsion from Class - through administration of an AF grade, permanent expulsion from a class for consistent or blatant behavior detrimental to or disruptive of the instructional process;
      4. Awarding of Punitive Grade - awarding of a punitive grade on an assignment or in a course for any violation of the Student Code of Conduct, including Cheating or Plagiarism (see also Section II for specific examples and definitions);
      5. Suspension from a Department/Programs - suspension from an academic department/program for a designated period of time for consistent or blatant behavior detrimental to or disruptive of the instructional process. Student may re-apply to program at conclusion of suspension period; conditions for readmission will be specified;
      6. Dismissal from a Department/Programs - permanent dismissal from an academic department/program for consistent or blatant behavior detrimental to or disruptive of the instructional process. Student may not re-apply to program;
      7. College Suspension - suspension from a college for a designated period of time for consistent or blatant behavior detrimental to or disruptive of the instructional process. Student may re-apply to the college at conclusion of suspension period; conditions for readmission will be specified;
      8. College Dismissal/Expulsion - permanent separation from all CCSNH colleges for consistent or blatant behavior detrimental to or disruptive of the instructional process.
      9. Other Sanctions - imposed in addition to or in lieu of the above sanctions to address the specific circumstances of the violations at issue; examples of such sanctions include but are not limited to work assignments, service to the college, written letter of apology, mandatory meetings with a college counselor. Such sanctions require the approval of the Vice President of Academic Affairs and the consent of any persons, other than the student, whose participation is required for the completion of the sanction(s).
    2. Academic Affairs - Disciplinary Proceedings
      1. Membership of Academic Standards/Standing Committee
        The voting membership of the Academic Standards/Standing Committee will be appointed annually by the Leadership Team of the college.
      2. Charges
        1. Any person who witnesses a violation of the Student Code of Conduct related to academic activity may bring a complaint forward to a faculty member or the VPAA.
        2. Depending on the nature of the charge, the matter may be disposed of either by the faculty member him/herself or by the VPAA, as prescribed in III, A, 1-9. In either case, written documentation of the charge and its disposition must be provided to the Office of Academic Affairs.
    3. Academic Affairs - Appeals
      1. A student may appeal the issuance of a punitive grade in accordance with the Grade Appeal/Grade Change Policy as published in the college catalog. The punitive grade remains in effect during the appeal process, and the student is barred from participating in any other academic activities dependent upon the assignment or course in question as long as the sanction is in effect.
      2. A student may appeal other disciplinary actions which result in a suspension or dismissal by filing a written appeal with the Academic Judicial Advisor within five (5) class days of being informed of the sanction being applied. The imposed sanction remains in effect during the appeal process. The written appeal should indicate the grounds for reversing the sanction. Grounds for appeal include:
        1. the original investigation/hearing was not conducted fairly and in conformity with prescribed procedures (see Sections III and IV above);
        2. new and relevant evidence, sufficient to alter the decision, has been revealed that was not brought out in the original hearing, because such evidence and/or facts were not known to the person appealing at the time of the original hearing.
      3. The Academic Judicial Advisor has three (3) class days from the receipt of the appeal to make a decision on the validity of the appeal and to inform the student in writing. If, in the opinion of the Academic Judicial Advisor, the case does not warrant appeal, then the previous adjudication stands. If, in the opinion of the Academic Judicial Advisor, the case does warrant appeal, the Academic Judicial Advisor has two options:
        1. Immediately forward the appeal to the Academic Standing/Standards Committee for consideration;
        2. Meet with the party who issued the original disciplinary action to discuss a possible modification or removal of the that action, as appropriate. If a decision to modify or remove is not reached, the appeal will be forwarded immediately to the Academic Standing/Standards Committee for consideration.
      4. All appeals will be concluded within five (5) class days unless in the opinion of the Academic Judicial Advisor extenuating circumstances (e.g., absence of key parties) require an extension.
      5. The Academic Standards/Standing Committee may 1) uphold the sanctions; 2) overturn the sanctions; or 3) modify the sanctions imposed by the original (or any previous) judicial body. The Vice President of Academic Affairs will provide notification of the outcome of the appeal in writing within three (3) class days of the decision to the grievant, the accused, and administrative offices on a need-to-know basis.
    4. Academic Affairs - Appeal Hearings
      1. A simple majority of voting members (including the Chair) must be present to conduct a hearing;
      2. During the summer or vacations, a meeting may be called and members will be selected as follows:
        1. Regular members will serve, or
        2. In the event regular voting members cannot be reached or are not available, members may consist of:
          1. Selected members of steering committees or volunteers;
          2. Should this fail, the Vice President of Academic Affairs will attempt to appoint members in such a manner as to reflect the original representation of the committee.
      3. If the charges have been brought by a member of the Academic Standards/Standing Committee or the Vice President of Academic Affairs, he/she shall recuse him/herself from the Committee's deliberations and voting.
      4. Hearings shall be conducted by the Academic Standards/Standing Committee according to the following guidelines:
        1. Hearings normally shall be conducted in private.
        2. Admission to the hearing of any person not directly involved with the proceedings, shall be at the discretion of the chairperson of the Academic Standards/Standing Committee.
        3. In hearings involving more than one accused student, the chairperson of the Academic Standards/Standing Committee, at his or her discretion, may permit the hearings concerning each student to be conducted separately.
        4. The complainant and the accused have the right to be assisted by any advocate they choose from among the college community. In addition, a student may choose to engage (at his/her own expense) an outside advocate. The complainant and/or the accused are each responsible for presenting his or her own case, however, and, therefore, advocates are not permitted to speak or to participate directly in any hearing before the Academic Standards/Standing Committee.
        5. The complainant, the accused, and the judicial body shall have the right to call witnesses. They also have the right to present pertinent records, exhibits, and written statements for consideration by the Academic Standards/Standing Committee. Questioning of the complainant, the accused, and witnesses will be conducted by the Academic Standards/Standing Committee.
        6. All procedural questions are subject to final decision by the chairperson of the Academic Standards/Standing Committee.
        7. After the hearing, the Academic Standards/Standing Committee shall determine (by majority vote) whether the student has violated the Student Code of Conduct. The chairperson will vote only in the event of a tie.
        8. The Academic Standards/Standing 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 of Conduct.
        9. The Academic Standards/Standing Committee will recommend sanctions and will issue a report of its findings and recommendations regarding sanctions to the Judicial Advisor and the Vice President of Academic Affairs within three (3) class days of the completion of its hearings on the matter.
        10. The Vice President of Academic Affairs will provide written notification of findings and sanctions to the grievant, the accused, and administrative offices on a need-to-know basis. The original will be given to the Judicial Advisor for the permanent judicial record.
      5. There shall be a single record of all hearings before the Academic Standards/Standing Committee. The record shall be the property of the college and shall be maintained by the Judicial Advisor. Parties directly involved in the hearing may view this record upon making a written request to the Judicial Advisor.
      6. Except in the case of a student charged with failing to obey the summons of a judicial body or college official, no student may be found to have violated the Student Code of Conduct solely because the student failed to appear before the Academic Standards/Standing Committee. In all cases, the evidence in support of the charges shall be presented and considered.
      7. The Academic Standards/Standing Committee's decision will be based on evidence that would lead a reasonable person to believe that it was more likely than not that the student committed the alleged offense.
      8. The decision of the Academic Standing/Standards Committee is final and is not subject to further appeal.
  4. Student Discipline - Student Affairs Student discipline is a joint responsibility of the Offices of Academic Affairs and Student Affairs. Therefore, while disciplinary action related to the student's involvement in non-academic activity is the responsibility of the Office of Student Affairs, it is essential that the Office of Academic Affairs be apprised of complaints and dispositions brought forward through the student disciplinary process to ensure complete fairness in final adjudications. Serious complaints that may result in a student's suspension or dismissal need to be handled jointly by the VPAA and VPSA at the outset, especially in those cases where it may not be clear whether the matter should be adjudicated through the Student Affairs or Academic Affairs disciplinary process. It is the joint responsibility of the VPAA and VPSA, and other parties they deem appropriate, to determine the appropriate disciplinary path. The Vice President of Student Affairs will oversee the adjudication of those disciplinary complaints and action primarily involving a student's continued participation in non-academic college activities, including residence life. Note that there may be circumstances under which a student's inappropriate behavior leads to recommended sanctions in both the academic and non-academic arenas. Additionally, the Leadership Team of the college will appoint a Student Judicial Advisor from among the faculty/staff ranks for a renewable two-year term to monitor and maintain records of the various judicial bodies and proceedings; to advise judicial bodies and students/individuals on appropriate or alternative courses of action; to review requests for judicial appeals (See Section IV.C below.); and to ensure consistency in the application of sanctions.
    1. Student Affairs Sanctions Violations of the Student Code of Conduct related to non-academic activities are overseen by the Vice President of Student Affairs, who may appoint a designee to investigate individual complaints; non-academic complaints may be referred to the Judicial Committee for resolution. Every attempt will be made to resolve complaints informally before sanctions are issued The Vice President of Student Affairs authorizes designated members of his/her staff, following consultation with a designated representative of Student Affairs, to investigate incidents and issue sanctions, , for numbers 1-6 below. Incidents leading to sanctions listed in numbers 7-10 will be issued by the Vice President of Student Affairs (or his/her designee). In some instances, a case may be referred to the Judicial Committee for disposition.
      1. Warning - a notice in writing to the student that the student is violating or has violated institutional regulations;
      2. 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 sanctions if the student is found to be violating any institutional regulations;
      3. Loss of Privileges - denial of specified privileges for a designated period of time (e.g., social probation, vehicular privileges, deactivation of a group, limited access to facilities, Persona Non Grata);
      4. Fines - previously established and published fines may be imposed;
      5. Resitution - compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement;
      6. Residence Hall Suspension - separation from the residence halls for a definite period of time, after which the student, group, or organization is eligible to return. Conditions for readmission will be specified;
      7. Residence Hall Expulsion - permanent separation from the residence halls;
      8. College Suspension - separation from the college for a definite period of time, after which the student, group, or organization is eligible to return. Conditions for readmission will be specified;
      9. College Dismissal/Expulsion - permanent separation from all CCSNH colleges.
      10. Other Sanctions - imposed in addition to or in lieu of the above sanctions; examples of such sanctions include but are not limited to work assignments, service to the college, written letter of apology, mandatory meetings with a college counselor. Such sanctions require the approval of the Vice President of Academic Affairs and the consent of any persons whose participation is required for the completion of the sanction(s).
      11. Inerim Sanctions - In certain circumstances, the President or Vice Presidents of the college, or a designee, may impose a sanction prior to the hearing before a judicial body. Interim sanctions 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) to ensure the normal operations of the college. Notification of the imposition of Interim Sanctions must be communicated to the Judicial Advisor as soon as is practical, as well as to the appropriate Vice President (if the Vice President did not originate the imposition of sanctions).
    2. Student Affairs - Disciplinary Proceedings
      1. Any person who witnesses a violation of the Student Code of Conduct may bring a charge forward to the authorized designated staff member.
      2. Charges brought against a student must be in writing. Incident report forms may be obtained from the Academic or Student Affairs Offices, as well as from the Judicial Advisor. In addition, forms may be made available through Campus Security (where available) or on the college web site at the discretion of the college. Information in the charge should include but not be limited to the following:
        1. Reporting person's name, address, phone, and student identification number (contact and ID number shall not be released to the accused without written permission of the person reporting the incident);
        2. Date, time, and location of incident;
        3. Person(s) involved in the incident;
        4. Victim(s) or damages involved in the incident;
        5. Complete narrative description of the incident;
        6. Names of witnesses to the incident;
        7. Any other information deemed appropriate.
        8. Copies of the form should be submitted to the Judicial Advisor and to the Vice President of Academic or Students Affairs (or designee), as appropriate.

      3. The Vice President of Student Affairs (or designee),) will investigate and hear all complaints and may a) dispose of the complaint as unfounded; b) mediate an informal resolution; c) or issue (or authorize to be issued) sanctions as described in Section III above. A time shall be set for an initial hearing between the accused and the authorized investigating individual, not less than one (1) nor more than five (5) class days after the student has been notified. Maximum time limits for scheduling of hearings may be extended at the discretion of the Vice President of Student Affairs (or designee)
    3. Student Affairs - Appeals
      1. A student may appeal a disciplinary action by filing a written appeal with the Student Judicial Advisor within five (5) class days of being informed of the sanction being applied. The imposed sanction remains in effect during the appeal process. The written appeal should indicate the grounds for reversing the sanction. Grounds for appeal include:
        1. the original hearing/investigation was not conducted fairly and in conformity with prescribed procedures (see B above);
        2. new and relevant evidence, sufficient to alter the decision, has been revealed that was not brought out in the original hearing, because such evidence and/or facts were not known to the person appealing at the time of the original hearing.
      2. The Student Judicial Advisor has three (3) class days from the receipt of the appeal to make a decision on the validity of the appeal and to inform the student in writing. If, in the opinion of the Judicial Advisor, the case does not warrant appeal, then the previous adjudication stands. If, in the opinion of the Judicial Advisor, the case does warrant appeal based on condition #1 above, the Judicial Advisor has two options:
        1. Immediately forward the appeal to the Student Judicial Committee for consideration;
        2. Meet with the party who issued the original disciplinary action to discuss a possible modification or removal of that action, as appropriate. If a decision to modify or remove is not reached, the appeal will be forwarded immediately to the Student Judicial Committee.
      3. All appeals will be concluded within five (5) class days unless in the opinion of the Student Judicial Advisor extenuating circumstances (e.g., absence of key parties) require an extension.
      4. An appeal may result in 1) upholding the sanctions; 2) overturning the sanctions; or 3) modifying the sanctions imposed originally.
      5. The Vice President of Student Affairs will provide notification of the outcome of the appeal in writing within three (3) class days of the decision to the grievant, the accused, and administrative offices on a need-to-know basis.
      6. The decision of the Student Judicial Committee is final and is not subject to further appeal.
    4. Student Affairs - Membership of the Judicial Committee
      1. A chairperson and an alternate chairperson who will be appointed by the Institute/College President or his/her designee.
      2. A total of eight (8) voting members, elected as follows:
        1. Four (4) will be faculty or staff elected by faculty/staff at large.
        2. Four (4) will be students elected by the Student Senate. If the institution has residence halls, two of the students will be from the residence halls.
      3. A total of five (5) alternate voting members will be elected as follows:
        1. Two (2) faculty elected at large.
        2. Three (3) students elected, one (1) from the residence halls (if applicable) and two (2) commuter students elected from the Student Senate.
      4. The advisor will be the Student Judicial Advisor who will be appointed by the Vice President of Student Services
      5. During the summer or vacations, a meeting may be called and members will be selected as follows:
        1. A minimum of four (4) members will be present.
        2. Regular appointed or elected members will serve, or
        3. In the event regular voting members cannot be reached or are not available, members may consist of:
          1. Selected members of steering committees or volunteers;
          2. Should this fail, the Vice President of Student Services will attempt to appoint members in such a manner as to reflect the original representation of the committee.
    5. Student Affairs - Hearings of the Judicial Committee
      1. A minimum of five (5) members (including the Chair) will be present to conduct a hearing. If five appointed members are not available due to recusals or for other reasons, additional members shall be selected by the Vice President of Student Affairs pursuant to the methodology set forth in paragraph 2 b below.
      2. During the summer or vacations, a meeting may be called and members will be selected as follows:
        1. Regular members will serve, or
        2. In the event regular voting members cannot be reached or are not available, members may consist of:
          1. Selected members of steering committees or volunteers;
          2. Should this fail, the Vice President of Student Affairs will attempt to appoint members in such a manner as to reflect the original representation of the committee.
      3. If the charges have been brought by a member of the Judicial Committee or the Vice President of Student Affairs, he/she shall recuse him/herself from the Committee's deliberations and voting.
      4. Hearings shall be conducted by the Judicial Committee according to the following guidelines:
        1. Hearings normally shall be conducted in private.
        2. Admission to the hearing of any person not directly involved with the proceedings, shall be at the discretion of the chairperson of the Judicial Committee.
        3. In hearings involving more than one accused student, the chairperson of the Judicial Committee, at his or her discretion, may permit the hearings concerning each student to be conducted separately.
        4. The complainant and the accused have the right to be assisted by any advocate they choose from among the college community. In addition, a student may choose to engage (at his/her own expense) an outside advocate. The complainant and/or the accused are each responsible for presenting his or her own case and, therefore, advocates are not permitted to speak or to participate directly in any hearing before the Judicial Committee.
        5. The complainant, the accused and the Judicial Committee shall have the right to call witnesses. They also have the right to present pertinent records, exhibits, and written statements for consideration by the Judicial Committee. Questioning of the complainant, the accused, and witnesses will be conducted by the Judicial Committee.
        6. All procedural questions are subject to final decision by the chairperson of the Judicial Committee.
        7. After the hearing, the Judicial Committee shall determine (by majority vote) whether the student has violated the Student Code of Conduct. The chairperson will vote only in the event of a tie.
        8. The Judicial 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 of Conduct.
        9. The Judicial Committee will recommend sanctions and will issue a report of its findings and recommendations regarding sanctions to the Judicial Advisor and the Vice President of Academic Affairs within three (3) class days of the completion of its hearings on the matter.
        10. The Vice President of Student Affairs will provide written notification of findings and sanctions to the grievant, the accused, and administrative offices on a need-to-know basis. The original will be given to the Judicial Advisor for the permanent judicial record.
      5. There shall be a single record (e.g., written, audiotape, etc.) of all hearings before the Judicial Committee. The record shall be the property of the college, and may be reviewed by a written request, to the Judicial Advisor.
      6. Except in the case of a student charged with failing to obey the summons of the Judicial Committee or college official, no student may be found to have violated the Student Code of Conduct solely because the student failed to appear before the Judicial Committee. In all cases, the evidence in support of the charges shall be presented and considered.
      7. The Judicial Committee's decision will be based on evidence that would lead a reasonable person to believe that it was more likely than not that the student committed the alleged offense.

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