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DISCIPLINARY HEARING PROCESS

The Accused Student(s) shall be notified in writing, by registered mail, of the time and date of the Disciplinary Hearing.  The letter will set the hearing date and time, not less than five (5) or more than 15 college working days after the Accused Student(s) has been notified. Maximum time limits for scheduling hearings may be extended at the discretion of the Vice President of Student Affairs.  All charges of misconduct will be presented to the Accused Student in writing.

The Accused Student will be informed that he/she may submit evidence, produce witnesses, testify, view all evidence, and hear the testimony of adverse witnesses. 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 College may also be assisted by an advisor at its discretion.  The Complainant and/or the Accused Student are responsible for presenting his or her own case and, therefore, advisors are not permitted to speak or participate directly in any hearing before the Discipline Committee.

The Complainant, the Accused Student, and the Discipline Committee shall have opportunity of presenting witnesses, subject to cross-examination by the Discipline Committee. Pertinent records, exhibits, and written statements may be accepted as evidence for consideration at the discretion of the Chair.  In hearings involving more than one Accused Student, the Chair may permit hearings concerning each Accused Student to be conducted separately. All witnesses and those to give testimony will remain outside the hearing room until called.  A recording will be made of the Disciplinary Hearing.  Records will be property of the College, but copies may be provided at the Accused Student’s expense.

CONDUCT OF THE HEARING:

The Vice President of Student Affairs will provide any introductory information, present charges against the Accused Student, and provide documents, statements, information, and evidence gathered during the investigation of the alleged misconduct.

The Accused Student will answer the charges and provide any opening statements, provide evidence, documents, or information for consideration by Discipline Committee.

If there are witnesses against the Accused Student, they will be called one at a time. Any member of the committee may question the witness. At the conclusion of the testimony, the witness will leave the hearing room.

If there are witnesses for the Accused Student, they will be called one at a time. Any member of the committee may question the witness. At the conclusion of testimony, the witness will leave the hearing room.

The Accused Student will be invited to make a final statement. The committee may question the Accused Student at this time.

Witnesses may be recalled by the committee.

At the conclusion of all testimony, the Discipline Committee will convene in private to discuss all pertinent information and make a determination based of whether it is more likely than not that the Accused Student violated a college regulation. The determination of the committee shall be made by majority vote.

The Discipline Committee’s final decision and supporting rationale shall be communicated in writing by the committee chair within five (5) college working days of the Disciplinary Hearing date. This written decision constitutes the final step in the resolution of the disciplinary action.

After receiving the final decision, the student or any principal shall have the right to file a statement with the Vice President of Student Affairs to be included in the record of the proceedings.