Code of Conduct
Student Code of Conduct Board of Review
If the disciplinary action is Disciplinary Suspension or higher, the student may
appeal to the Board of Review.
If a student appeals the determination of the Director of Student Development,
or designee to the Board of Review, notice of receipt of the appeal from the
Director of Student Development, or designee, shall be sent by certified mail
to the student's address as it appears in the official records of the College or
shall be delivered personally to the student. The Director of Student
Development, or designee, may decline to refer a matter to the Board of
Review due to insufficient cause to proceed; may consult directly with the
affected parties to reach an appropriate resolution without a hearing, or may
refer the matter to committee for consideration and a decision. If the complaint
leads to a Board of Review the notice shall inform the student of the following:
- the date, time and place of the Board of Review, which shall not be earlier
than five (5) college days after the date of notice (except when mutually
agreed upon);
- that the student is entitled to be present with an attorney or an advisor, and
to present witnesses and/or to ask questions of witnesses who appear. If an
advocate, or attorney, accompanies the student they may consult with the
student but may not be the spokesperson for the student. An attorney/
advocate who does not respect this provision will be asked to leave. The
student must give the Director of Student Development, or designee, written
notice that he/she will be represented by an attorney or any witnesses at
least two (2) college days in advance of the hearing. Failure of the student to
provide timely notice of his/her intent to be represented by an attorney may
result in an adjournment of the hearing;
- notification that the College may be represented by legal counsel if it so elects;
- notification that the student need not answer questions, and that a choice to
remain silent will not be taken as an admission of guilt, however, the Board of
Review may rely upon credible evidence that the student fails or refuses to rebut;
- that failure of the student to appear at the hearing before the Board of Review
at the scheduled time will waive the student’s right to appeal and result in the
imposition of the recommended penalties without further appeal;
- the College may convey the results of the investigation to the person who
has initiated the complaint.
The Board of Review consists of the following: two (2) students, two (2)
administrators, two (2) instructors (from a division not involved in the matter
being appealed). The Director of Student Development, or designee, will chair
the committee and vote only if there is a tie. The College’s attorney may be
present to act as an advisor, but will not be a voting member. In order for
student peers to sit as members of the Board of Review, the appealing student
must sign a release and authorization to have students sit on the panel. If the
student chooses not to have students on the Board, one additional instructor
and one additional administrator will be added to the Board.
The members of the Board of Review who initially are present at the meeting
will remain on the Board of Review until the completion.
- The Chair of the Board of Review, or the College’s attorney, in consultation
with other members, shall maintain order and shall make decisions
necessary for the fair, orderly and expeditious conduct of the hearing. The
Board of Review may ask questions of all witnesses. When it appears
necessary to avoid undue hardship or to avoid injustice, the Board of Review
may reconvene to complete the process. The Board of Review meeting will
be tape recorded, or minutes of all proceedings will be maintained for a
period of two (2) years following completion of the matter.
- Copies of all communications pertaining to the matter being appealed shall
be sent to the Chair of the Board of Review. The College’s representative
and the student may present and have witnesses, present information, and
may question witnesses. The student may, but shall not be ordered to, testify
at the Board of Review, nor shall failure to testify be considered an
admission of guilt; however, the Board of Review may rely upon credible
evidence that the student fails or refuses to rebut. While the Board of
Review may question witnesses, the Board of Review members will not be
subject to questioning.
- The Board of Review shall, by majority vote, make a recommendation to the
Vice President of Learning & Student Services to uphold, overturn or
modify any disciplinary penalties.
- After a receipt of a recommendation by the Board of Review and within ten
(10) college days after the conclusion of the hearings, the Vice President shall
render a written decision and shall promptly furnish copies of his/her decision
to the student, and to the Director of Student Development, or designee.
Appeal to the President
The only sanction that can be appealed to the President is an Expulsion for a
semester or more:
- An appeal may be initiated by filing an appeal within ten (10) college days
from the date of the written decision by the Vice President. The appeal
consists of a written statement indicating the reasons why the student
believes the decision of the Vice President was not correct. The appeal shall
be filed with the President’s Office.
- The President will conduct a hearing on the appeal within twenty (20)
college days from the receipt of the request.
- The President will notify the student, the Vice President and the Director of
Student Development, or designee and other staff involved in the Board of
Review of the following:
- The date, time and place of the appeal hearing.
- That either may submit written statements to the College President before
the appeal hearing or may make statements based on the record.
- That the President will not accept additional evidence, but will consider only
the record of the previous hearing.
- Notification that the student is entitled to be present with an attorney (if the
student gives the President, or designee, written notice that he/she will be so represented at least two (2) college days in advance of the hearing), the
counsel may consult with the student but may not be the spokesperson for
the student.
- That the President may be represented by counsel.
- That the appeal hearing will be closed to the public.
- That failure of the student to appear at the hearing before the President at the
scheduled time will waive the student’s right to appeal and result in the
imposition of the recommended sanctions without further appeal.
After adjournment of the hearing, the President will make a decision within
five (5) college days, which will uphold, overturn or modify the decision of the
Vice President. The decision of the President is final.
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