POLICY  Top

I. Montgomery Community College  is  dedicated to providing a quality comprehensive educational program designed to meet the diverse and changing educational, social, economic, and cultural needs of the community. The College is committed not only to learning and the advancement of knowledge, but also to the development of ethically sensitive and responsible persons. It seeks to achieve these goals through a sound educational program and through regulations and policies governing student life that encourage responsibility and respect for the rights and viewpoints of others.

II. The College believes in the premise that students are adults who are responsible for their own actions and who should be free to pursue their educational objectives in an environment that promotes learning, protects the integrity of the academic process, and protects the College community.

III. To promote this overall policy, the Montgomery College Board of Trustees authorizes the president of the College to establish a Montgomery College Student Code of Conduct Student enrollment at Montgomery College presupposes a commitment to the principles, policies, and procedures embodied in this Code.

PROCEDURE   Top

I. GENERAL  Top

A. General Information.

Students seeking information on how to resolve issues that may occur between the student and the College are encouraged to consult the College Student Handbook, the College Catalog, Class Schedule, or other College brochure; students can also seek guidance from counselors in the campus student development units, the campus dean of student development, classroom instructors, or any other appropriate professional employee of the College.

B. Applicability of Student Code of Conduct.

The academic and non-academic misconduct described in this code applies to all students enrolled at the College. For purposes of this Code, a Montgomery College student is defined as any person enrolled in credit or noncredit courses offered by Montgomery College, including all credit, noncredit, exploratory, and developmental courses, offered on or off campus.

C. Academic Matters.

The appeals process for academic matters other than academic misconduct are contained in the academic regulations of the College. The academic regulations are published in the Collegewide Policies and Procedures Manual, which is available in all campus libraries; an abridged version is in the College Student Handbook.  Students assigned to health or other facilities as part of clinical courses or serving in internships as part of a course are expected to conduct themselves in a professional manner in the clinical/internship setting and adhere to the standards of practice exemplifying conduct  expected of professionals in the field. These professional behaviors are considered as part of the academic performance evaluation of a student. Action taken against a student for failure to meet academic performance standards will be  considered an academic matter and not a disciplinary matter in violation of the Student Code of Conduct. Accordingly, any such actions may be appealed under applicable provisions of the academic regulations and not under the Student Code of Conduct.

D. Off-Campus Activities.

In their off-campus lives, in matters not related to College activities or college business, students shall not be considered under the control of the College, nor shall the College be held responsible for the off-campus activities or personal conduct of college students. Students who violate a local ordinance or any law risk the legal penalties prescribed by civil or criminal authorities. As an educational institution, the College need not concern itself with every violation of the law. Nevertheless, the College may take disciplinary action against those students whose behavior off-campus, or unrelated to College activities or functions, indicates that they pose a serious and substantial danger to others.

E. Conduct of Student Organizations.

Student groups and organizations may be charged with violations of the Student Code of Conduct. A student group or organization and its officers may be held collectively and/or individually responsible when violations of this code occur either during an event sponsored by the organization or by an individual representing or associated with that organization or group. Sanctions for group or organization misconduct may include revocation or denial of recognition in addition to all appropriate sanctions provided in the Student Code of Conduct. The student groups and organizations may appeal the sanction to the dean of student development. If the dean of student development has imposed a sanction, the student group or organization may appeal it to the provost.

F. Nonpunitive Administrative Actions.

In the course of college administration, action may be taken that seems to be punitive in nature but that, in fact, is not taken with the intent to punish the student. Actions of this kind are necessary to the reasonable operation of the College and are not governed by the disciplinary procedures in the Student Code of Conduct. An example of such administrative actions would be the refusal to re-enroll a student with unpaid indebtednes to the College.

II. Emergency Disciplinary Procedures   Top

A. The campus provost, on the recommendation of the dean of student development, may take immediate action to protect the College community and the public prior to an administrative hearing in circumstances which involve an apparent immediate danger to the health or safety of members of the College community or the public, or which involve serious disruption of normal College operations. Before emergency disciplinary action is imposed, the provost shall make an initial evaluation of the reliability of the information received and make such further investigation as circumstances permit. Emergency disciplinary actions may include but are not limited to those listed below:

1. Barring the student from the College or any part of the College, including the College's Administrative Center; 

2. Removing the student from a particular class or classes; and

3. Prohibiting the student from participating in a College-sponsored activity, on or off campus.

B. A student suspended on a temporary basis shall be given written notice of suspension by the provost. The written notice shall contain:

1. A concise summary giving dates, time, place, and events of the facts or conduct on which the charge(s) is based.

2. A citation to and quotation from the section of the Student Code of Conduct alleged to have been violated.

3. Information concerning the student's right to appeal.

C. The student may appeal the provost's decision to impose emergency disciplinary action to the executive vice president within five (5) business days from the date the student is notified of the suspension. The appeal shall be limited to whether the alleged conduct and circumstances reasonably indicate that the student's presence on campus or in a particular class or activity would involve an apparent immediate danger to the health or safety of members of the College community or the public or which involve serious disruption of normal College operations; whether the information concerning the student's conduct is reliable; or whether the scope of the suspension is reasonable. The decision of the chief administrative officer shall be made within ten (10) business days and shall be final. The emergency disciplinary action shall be effective immediately and remain in effect during the appeal process and until completion of all disciplinary proceedings unless the executive vice president decides otherwise. Emergency disciplinary actions shall be collegewide in effect.

D. If emergency action is taken, the dean of student development will take steps to expedite the procedures set forth in this code unless the student requests a delay and continuation of the emergency disciplinary action until a later date. The granting of any such delay and continuance shall be based on the best interest of the College as determined by the dean in his/her sole discretion.

E. Except for emergency disciplinary action as noted above, no disciplinary sanction will be imposed against the student prior to completion of  the appeals process.

III. Classroom Behavior  Top

The College seeks to provide an environment where discussion and expression of all views relevant to the subject matter of the class are recognized as necessary to the educational process. However, students do not have the right to interfere with the freedom of the faculty to teach or the rights of other students to learn.

Faculty set the standards of behavior that are acceptable in the classroom by announcing these standards early in the semester. If a student behaves disruptively in the classroom after the instructor has explained the unacceptability of such conduct and the consequences that will result, the student may be asked to leave the room for the remainder of the class time. If the student does not leave, the faculty member may request the assistance of Security.

The faculty member and the student are expected to meet to resolve the issue before the next class session. If, after a review of the situation and a restatement of the expected behaviors, the student refuses to comply with the stated standards of conduct required, then the faculty member should refer the issue in writing to the dean of student development for action under the Student Code of Conduct. The faculty member shall provide the dean of student development with a summary giving dates, time, place, and events of the facts or conduct on which the referral is based.

IV. Academic Dishonesty and Misconduct  Top

The maintenance of the highest standards of intellectual honesty is the concern of every student and faculty member at Montgomery College. The College is committed to imposing appropriate sanctions for breaches of academic honesty. The list below is not an all-inclusive list of all prohibited behavior. Nothing in this section shall be interpreted to preclude a faculty member or academic unit from issuing supplemental guidelines giving examples of plagiarism or other forms of academic dishonesty and academic misconduct which are pertinent to the subject matter of the class.

A. Academic dishonesty or misconduct can occur in many ways. Some common forms include:

1. Plagiarism

Each student is expected to present his or her own work. All papers, examinations, and other assignments must be original or explicit acknowledgment must be given for the use of other persons' ideas or language. Examples of plagiarism as it might occur in term papers, research papers, laboratory reports, and other written assignments are listed below.

a. Failure to use quotation marks: All work which is quoted directly from a source should be enclosed in quotation marks and followed by a proper reference, giving the exact page or pages from which the quote is taken. Failure to properly identify a quotation, even if a footnote source is provided, is plagiarism.

b. Failure to document ideas: When a student uses one or more ideas from and/or paraphrases a source, he or she must give the exact page or pages from which the ideas or paraphrasing were taken.

c. False documentation: Falsifying or inventing sources or page references is plagiarism.

Ideas which are common knowledge (e.g., George Washington was the first President of the United States; Albert Einstein developed the theory of relativity, etc.) need not be documented in student papers.

2. Cheating on Examinations

Students are expected to present their own work in all examinations. Some examples of cheating as it might occur in examinations are as follows:

a. Copying the work of another student during an examination;

b. Permitting another student to copy one's work during an examination;

c. Using unauthorized notes, crib sheets, additional sources of information, or other material during an examination;

d. Writing the answer to an exam question outside of class and submitting that answer as part of an in-class exam.

e. Taking an examination for another student;

f. Having an examination taken by a second party;

g. Altering or falsifying examination results after they have been evaluated by the instructor and returned to the student.

3. Other Forms of Academic Dishonesty

This is not an all-inclusive list.

a. Possessing term papers, examinations, lab reports, or other assignments which have not been formally released by the instructor is dishonest. (Formally releasing such materials means that the instructor has distributed material to the students and has not required that it be returned.);

b. Possessing another student's work without permission;

c. Writing a paper, lab report, or other assignment for another student or submitting material written or collected by someone else;

d. Submitting or resubmitting the same paper for two different classes/courses without the explicit authorization and approval of the faculty members teaching those classes/courses. (It is immaterial whether or not the classes/courses are taught in the same semester.);

e. Selling or purchasing examinations, papers, or other assignments;

f. Falsely making, forging, altering, or counterfeiting a transcript, diploma, grade report, or other official College record; aiding or assisting in falsely making, forging, altering, or counterfeiting a transcript, diploma, grade report, or other official College record; causing to be made or procuring to be falsely made, forged, altered, or counterfeited, a transcript, diploma, grade report, or other official College record; offering, using, or presenting as genuine a false, forged, counterfeited, or altered transcript, diploma, or grade report, or other official record of Montgomery College or any educational institution; offering, using, or presenting as genuine a false, forged, counterfeited, or altered transcript, diploma, or grade report, or other official record of Montgomery College or any educational institution in a fraudulent manner; 

g. Presenting forged documents or false statements for the purpose of enabling a student to take advantage of such College policies as Incomplete, Credit by Examination, or credit for CLEP, advance placement work, or military-sponsored courses;

h. Altering another student's examination, term paper, laboratory work, or other assignment;

i. Falsifying data;

j. Encouraging others to commit any act of academic misconduct.

B. Sanctions to Be Imposed. Students who engage in any act adjudged by the classroom instructor to constitute academic dishonesty or misconduct are subject to any and all sanctions deemed appropriate by the classroom instructor, and may include imposing grade sanctions for violations of academic ethics.

1. The normal minimum sanction imposed by a faculty member is to award an "F" on the assignment in which the dishonesty occurred, although the faculty mem ber may choose to impose a different sanction. The maximum sanction is to award an "F" for the course in which the dishonesty occurred. Faculty members may at their discretion impose immediate sanctions, such as awarding an "F" on the laboratory portion of a course. In addition to the above range of sanctions, each faculty member has the prerogative of referring a case to the campus dean of student development with a specific request that the dean consider imposing additional sanctions.

2. The faculty member must inform the student of the allegation in writing, with a copy forwarded to the dean of student development, and include the sanction to be imposed and the reasons for it, and the appeals process, as soon as the faculty member reasonably believes that some form of academic misconduct, for which a grade sanction is appropriate, has occurred. It is expected that if a faculty member has reason to believe a student is cheating on a quiz, exam, or other type of assignment, or if the student has engaged in any prohibited act described in Section V of this code, or if the student has or is engaged in an act specifically prohibited by the classroom instructor, the instructor will take immediate action. If a student is no longer at the College, the faculty member shall send a letter to the student's last address of record, certified mail, return receipt requested.

3. In reporting violations of academic ethics to the campus dean of student development, faculty members shall state in writing the circumstances surrounding the incident in question, the nature of the evidence collected against the student, the results of the discussion with the student in which the allegation was explained to him or her, and the sanction to be imposed. Supporting documentation shall also be provided to the Dean's Office. The faculty member shall send a copy of the letter to the student accused so that the student is aware of the existence of this record.

C. Appeal. A student may appeal the sanction(s) imposed by a faculty member or the dean of student development to a Student Conduct Hearing Committee. The appeal shall be submitted, in writing, to the campus dean of student development, within ten (10) working days of the date the student is informed of the imposition of the sanction.

V. Nonacademic Misconduct  Top

The following misconduct is prohibited on College premises, at College-sponsored activities, or during the execution of College-related business. See Section VI below, "Disciplinary Procedures," for a description of the process to be followed in circumstances involving nonacademic misconduct.

College-sponsored activities are events and  ctivities initiated by a student, student group or organization, or College department, faculty member, or employee which: (1) are expressly authorized, aided, conducted, or supervised by the College; or (2) are funded in whole or in part by the College; or (3) are initiated by an officially registered student organization and conducted or promoted in the name of that student organization and/or the College; or (4) take place on College premises. For purposes of this code, this definition also extends to behavior which affects the execution of College business, but which does not necessarily occur on College premises or at a College-sponsored activity.

Non-academic misconduct can occur in many ways. This is not an all-inclusive list of prohibited behaviors. Some common forms of non-academic misconduct are:

A. Disrupting, obstructing, or interfering with College or College-sponsored activities, or access to College facilities or college-sponsored activities, including, but not limited to, teaching, studying, research, administration, disciplinary procedures, cultural events, or fire, police, emergency, or other services.

B. Physical and/or psychological abuse, threat, or harassment of any member of the College community or visitor to the College, or conduct which threatens or endangers the health or safety of any such person.

C. Unauthorized use, possession, or storage of any weapon, dangerous chemical, or explosive element, including without limitation ammunition, whether or not a federal, state, or other license to possess the same has been issued to the possessor or user. The word "weapon" is defined as meaning any object or substance designed to inflict a wound, cause injury, or incapacitate, including, but not limited to, all firearms, explosives, pellet guns, slingshots, martial arts devices, brass knuckles, switchblades, bowie knives, daggers, or similar knives, and chemicals such as Mace or tear gas. A harmless instrument designed to look like a firearm, explosive, or weapon, which is used by a person to cause reasonable apprehension of harm or to assault another person, is expressly included within the meaning of weapon.

D. Initiation of, or causing to be initiated, any false report, warning, or threat of fire, explosion, or other emergency. 

E. Violation of fire regulations, including the misuse or damage of fire safety equipment; tampering, misusing, damaging, or playing with fire extinguishers, smoke detectors, exit lights, emergency lights, or other similar equipment; tampering with or pulling under false pretenses a fire alarm; or propping stairwell fire doors open.

F. Violation of the terms of any disciplinary action imposed in accordance with this Code.

G. Interference with freedom of expression of others.

H. Violation of any College policy, procedure, or regulation, including, but not limited to those concerning sexual assault, parking, student organizations, use of College facilities, smoking, alcohol, and the time, place, and manner of public expressions.

I. Unauthorized possession, use, sale, administration, or distribution of alcoholic beverages or of any illegal or controlled substance, designer drug, or drug paraphernalia.

J. Littering, damaging, defacing, or destroying College property or property under its jurisdiction, or removing, using, occupying, or entering such property improperly or without authorization.

K. Gambling or holding a raffle or lottery at the College without proper College and other necessary approvals.

L. Violation of any local, state, federal, or other applicable law.

M. Lewd or obscene conduct or expression. Engaging in sexual conduct in or on College property.

N. Furnishing false information or willfully misrepresenting any fact to the College or to members of the College community who are acting in the exercise of their official duties.

O. Forging, altering, falsifying, or misusing College documents, records, forms, or identification cards.

P. Willfully misrepresenting to anyone within or without the college community one's status with the College or willfully misrepresenting that the College supports, sponsors, or approves the services or activities of any person, group, or organization.

Q. Theft or attempted theft of College property or services, or personal property, or knowingly possessing such stolen property.

R. Infringing upon the right of other students to fair and equal access to any of the College's library materials and any other College academic resources.

S. Attempting deliberately to prevent other users' access to the College's computer system, deprive them of resources, degrade system performance, to copy or destroy files. This includes without limitation (a) intentionally disrupting access of other students, faculty, or college employees to the College's computer resources; or (b) knowingly obtaining without authorization access to a computer account, identification number, or password assigned to another person; or (c) knowingly using an account, identification number, or password belonging to another College student, faculty, employee, or a College office for other than its intended purpose without permission from the account manager or individual assigned the password or identification number or using an inactive account, password, or identification number; or (d) misusing College computer equipment by such activities as falsifying or altering records or documents, damaging programs belonging to another, sending harassing or threatening material, or duplicating copyrighted software unlawfully.

T. Unauthorized or fraudulent use of the College's facilities and/or equipment including but not limited to the phone system, mail system, computer system, transportation system, and/or equipment, or use of any of the above for any illegal act. College facilities may be used for the designated educational purposes only. College facilities may not be used for personal use, or for personal business use, or for commercial use (except as otherwise authorized in the Collegewide Policies/Procedures Manual). College facilities may be used for recreational activities only in designated areas.

U. Causing false information to be presented before any administrative proceeding of the College or intentionally destroying evidence relevant to such a proceeding.

V. Failure to comply with the direction of College officials, including campus security officers acting in the performance of their duties.

W. Hazing, which means doing any act or causing any situation which recklessly or intentionally subjects a student to the risk of bodily injury or endangers the mental or physical health or safety of a student for the purposes of initiation or admission in any student organization.

X. Attempting to commit acts prohibited in this code of conduct or encouraging or assisting others to commit such acts are prohibited and may be punished to the same extent as if one had committed the prohibited act.

VI. Disciplinary Procedures  Top

A. General

1. The campus dean of student development is responsible for the administration of the disciplinary procedures.

2. Students whose behavior constitutes a violation of both this code and/or federal, state, local, or other applicable law may be accountable to both the College and to civil authorities. Disciplinary action at the College will normally proceed during the course of criminal proceedings and will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed, reduced, or are pending.   Any decision to delay disciplinary action proceedings shall be made by the dean of student development in the best interest of the College as determined in his/her sole discretion. Because the College's policies and procedures are distinct from criminal statutes and procedures, an outcome in a criminal or civil proceeding is separate from the question of whether the Student Code of Conduct was violated.

3. Written reports of alleged student violation of the Student Code of Conduct may be submitted by any individual to the dean of student development. Such reports shall contain (a) concise summary, giving the date(s), time(s), place(s), and event(s) of the facts or conduct on which the charge is based. The individual shall supply supporting documentation for the charge, if available. Individuals who file a complaint must be prepared to proceed and participate in any resultant proceedings without delay. It is the responsibility of the dean of student development to investigate and interpret the alleged misconduct and to identify the appropriate specific charge(s) that will be brought against the student(s) involved, to impose or initiate appropriate disciplinary action, or to dismiss the allegation(s), and to notify the appropriate persons.

B. Special Procedures for Offenses Involving College Library Materials and Academic Resources. A student who is alleged to have engaged in any offense involving the College's library materials and academic resources shall be referred to the campus director of educational support services or his/her designee. Where the director of educational support services or his/her designee finds that the student engaged in an offense involving the College's library material(s) or academic resources, the director of educational support services or his/her designee may impose the following two sanctions: (1) require restitution of any damaged material(s); and (2) designate a number of hours of community service which must be performed by the student in the library. In addition to the above range of sanctions, each director of educational support services or his/her designee has the prerogative of referring the matter to the campus dean of student development for further disciplinary action.

. After meeting with the student involved and reviewing the allegations, specifying the charges, obtaining the necessary information, and explaining the Student Code of Conduct procedures, the dean of student development must exercise one of the following options within 10 working days of the meeting:

a. Impose any disciplinary action(s)/warning available to the dean (see section on "Disciplinary Sanctions").

b. Forward the case to a Student Conduct Hearing Committee.

c. Dismiss the charge(s) brought against the student. The complainant may appeal this decision to the provost.

5. The written decision of the dean must include the following:

a. The dates, time, places, and events of the facts or conduct on which the charge is based. This may be included in the dean's decision or contained in an attachment.

b. A citation to and quotation from the section of the Student Code of Conduct alleged to have been violated.

c. A statement of the dean's decision.

d. An explanation of the appeal rights and the procedure required to request an appeal hearing (if the charge is not being dismissed). If the charge is being dismissed, the student should be informed that the complainant may appeal that decision to the provost.

6. Within 10 working days of receipt of the dean's decision, the student may choose to exercise one of the following options:

a. Accept the decision of the dean of student development.

b. Where a student has admitted guilt, but disagrees with the disciplinary sanction imposed, the student may appeal the sanction imposed by the dean to a Student Conduct Hearing Committee, in writing, through the campus dean of student development within 10 working days of the date the student is informed of the imposition of the sanction.

c. Request a hearing before a Student Conduct Hearing Committee for the purpose of allowing the committee to hear the charges.

VII. Student Conduct Hearing Panel  Top

A. General. A Student Conduct Hearing Panel will be constituted on each campus. Each panel shall consist of four students and six faculty members. When a student appeals a sanction, a disciplinary decision, or both, the dean of student development shall designate two students and three faculty members from the Student Conduct Hearing Panel to constitute a Student Conduct Hearing Committee. The committee shall hold a hearing and make a decision on formal complaints involving alleged student violation(s) of the Student Code of Conduct. Nothing in these procedures shall preclude faculty members from a hearing panel on one campus from serving on a committee on another campus if such service is deemed appropriate by the dean of student development. Nothing in these procedures shall preclude a dean of student development from establishing a special hearing panel in accordance with the procedures specified in Section X to hear appeals during the non-academic year.

B. Establishment of the Student Conduct Hearing Panel

1. Appointment of Student Members. The campus student government body, in consultation with the director or coordinator of student activities, will submit to the campus dean of student development the names of at least six student candidates to serve on the Student Conduct Hearing Panel.

a. The student candidates must have the qualifications necessary for membership on the student governing body.

b. The student members shall hold office for one calendar year, beginning with the start of the fall semester and concluding at the end of the following summer session.

c. Eligibility of students to serve on the Student Conduct Hearing Panel will be certified at the beginning of each semester by the campus director/coordinator of student activities.

d. The campus dean of student development will appoint, from the list submitted, four students to serve on the Student Conduct Hearing Panel. 

2. Appointment of Faculty Members. The campus dean of student development will solicit expressions of interest from faculty members in order to develop a list of faculty members willing to serve on a Student Conduct Hearing Panel. The campus dean of student development will appoint, from the list developed, six faculty members to serve on the panel.

a. Faculty members shall be full-time members of the faculty.

b. Faculty members shall hold office for two (2) calendar years except as noted below.

(1) A faculty member's term of appointment will begin with the start of the fall semester and conclude at the end of the summer session that follows the second academic year.

(2) An attempt will be made to assure faculty continuity by using staggered terms when practicable.

(3) Faculty members may be re-appointed. 

3. Vacancy. If a vacancy occurs in either the faculty or student representation on the Student Conduct Hearing Panel, that vacancy can be filled immediately or deferred until the beginning of the next academic year, at the sole discretion of the dean of student development. If a student vacancy occurring during the year is filled by the dean of student development, when possible the appointment should be made from the list of students previously submitted.

4. Designation of the Student Conduct

Hearing Committee.

a. When a student appeals a disciplinary decision, sanction or both, the dean of student development shall appoint two students and three faculty members from among the members of the Student Conduct Hearing Panel to serve on a Student Conduct Hearing Committee to hear the appeal.

b. One of the faculty members shall be from the Campus Student Development Unit.

c. The dean of student development shall designate one of the faculty members to serve as Chair of the Student Conduct Hearing Committee.

d. A student or faculty member designated by the dean of student development to serve on the Student Conduct Hearing Committee shall immediately inform the dean of student development if he/she has any conflict of interest, any personal knowledge of the facts at issue, has been directly involved in the events at issue, or has any other good cause which would warrant not participating in the   proceedings. In that instance, the dean of student development shall excuse the faculty member or student from service and appoint another student or faculty member, as appropriate, to serve. It is the obligation of the faculty member and the student to so inform the dean of student development immediately upon receiving notification of designation to serve on the Student Conduct Hearing Committee.

C. Committee Proceedings

1. Preliminary Matters

a. The campus dean of student development will notify the designated committee chair of the charges pending against the student and all pertinent information relevant to the allegations, including the name(s) of accuser(s) and witnesses, evidence and signed statements. The dean will designate an individual to serve as the student's adviser, unless the student declines such an adviser and selects his or her own adviser, who may be an attorney.

b. If the student intends to have an adviser who is an attorney, he/she must file a statement of such intention with the chair of the committee at least three (3) working days before the time scheduled for the hearing. Failure to provide the statement will justify a delay of the proceedings by the College. If the student selects an attorney as an adviser, the College general counsel or designee will attend the hearing.

c. The Office of the Dean of Student Development shall provide staff support to assist the chair of the Student Conduct Hearing Committee in sending any required notifications. A written notification shall be sent to the student involved of the time, place, and date of the hearing ten (10) or more working days before the hearing to allow the student a reasonable amount of time to prepare a defense. Notice shall be sent to the students and faculty members serving on the Student Conduct Hearing Committee. The student may, in writing, request a change in the hearing date. The student must request such a change within five (5) days of the date of the written notification. The College will mak e a reasonable effort to accommodate the student; however, unreasonable delay or repeated requests for delay will not be accommodated except under extraordinary circumstances.

d. The student and his/her adviser will be allowed access, upon request, to any and all available materials which are deemed to be relevant and material to the subject matter of the hearing and which are accessible pursuant to the Collegewide Policies and Procedures Manual. Such access shall be at a time and place designated by the chair.

e. Any witness who is asked to testify at the hearing is expected to do so. It is expected that all statements made to the hearing panel, while not under oath, will be true.

f. Either a stenographic record or audiotape of each hearing will be made. If the College makes the stenographic record or audiotape, copies will be made available to the student at his/her expense. If a court reporter is used, the student will be responsible for obtaining his/her own copy directly from the reporter.

2. Hearing Procedures

a. Unless otherwise required by law the hearing will be closed to the public and the press. All proceedings and decisions will be considered confidential by the hearing body. The hearing will be conducted in an atmosphere designed to respect the privacy and the rights of the individuals involved. Only those persons whose presence is required, as determined by the chair, will be permitted to attend. For policy and procedures in cases where a sexual offense is alleged, see the Sexual Offenses Policy.

b. Communications

(1) Communications between the committee as a whole or between any individual involved or having personal knowledge regarding the subject matter of the hearing are inappropriate.

(2) Communications between the Committee as a whole or any individual member of the Committee and a witness regarding the subject matter of the hearing are inappropriate.

(3) If such an improper communication occurs, the written communication received, the substance of any oral communication, and any response shall be placed on the record.

c. The attendance of five (5) members shall be required in order to form a quorum qualified to conduct a hearing. The committee will reach its decision by a majority vote of the full committee. Voting shall be by secret ballot.

d. The dean of student development or his/her designee and the accused student shall be required to submit a list of witnesses to the chair at least five (5) working days prior to the hearing; however, the committee may call or recall any witnesses it pleases. The committee may permit additions to the list of witnesses when it is convinced that the availability or relevance of such witnesses could not have been foreseen before the hearing began.

e. The chair is in charge of the conduct of the hearing. The chair will determine the order of presentations and direct as well as facilitate the questioning of the dean and/or his/her representative, the accused student, and all witnesses. It is the responsibility of the chair to provide an opportunity for all parties to develop the facts and evidence necessary to enable the committee to make its decision.

f. Any person, including the student charged, who disrupts a hearing or fails to adhere to the rulings of the chair shall be excluded from the proceedings. 

g. The failure of the student to be present at all times during the hearing shall be deemed to be a waiver of the right to a hearing and an admission that the charges as stated are true. In such case, any authorized disciplinary sanction may be imposed.

h. The adviser, including an adviser who is an attorney, sits in an advisory capacity only and may only address the committee upon permission of the chair. The adviser may not appear in lieu of the student. The student must be present at all hearings that his/her adviser attends. Unless otherwise provided for in these procedures, the role of the adviser is limited to advising the student. The adviser may not personally examine or cross-examine witnesses, or present the case for the student. The chair may grant an exception if the student charged has a verified communications disorder or criminal charges are pending against the student arising out of the same facts or occurrence which gave rise to the charge.

i. The chair will not apply the technical rules of procedure followed in judicial proceedings such as rules pertaining to the wording of questions, hearsay, and opinion. Reasonable rules of relevancy will guide the chair in ruling on the admissibility of evidence. The chair is authorized to impose reasonable limits on the number of witnesses and the amount of cumulative evidence that may be introduced on a disputed issue.

j. The dean of student development or his/her designee and the accused student will be given the opportunity to question witnesses and offer evidence in support of their position(s). The accused student will be given the opportunity to speak for himself/herself. Witnesses other than the accused student may be present only during their own testimony and may be recalled.

k. The committee will decide whether or not a preponderance of the evidence supports the allegation that the accused student committed an act of misconduct or the acts of misconduct. Preponderance of the evidence means that the proof need only show that the facts are more likely to be so than not so. Preponderance of the evidence is that evidence which, when fairly considered, produces the stronger impression, has the greater weight, and is more convincing as to its truth when weighed against the evidence in opposition thereto.

l. When the chair of the committee is satisfied that all relevant available evidence has been presented and that all the available relevant participants have been afforded an opportunity to present their versions of the case or provide relevant information, the chair will state that the fact-finding phase of the hearing has been concluded. At that point, the student may submit additional records, such as character references. The College may introduce a copy of the student's previous disciplinary record, where applicable, provided the student was shown a copy of the record prior to the commencement of the hearing. The disciplinary record shall be submitted to the committee in a sealed envelope and shall not be opened until after the committee has made its finding of fact. When the chair determines that all additional records
have been received, the hearing will be adjourned. The committee will meet to consider the evidence and to reach a decision. The deliberations of the committee will be confidential. In the event the student has been determined to be guilty of the charge or charges, the records and documents introduced by the student and the College shall be opened and used by the committee for dispositional purposes, i.e., to determine an appropriate penalty. Any decision will be based only on the record developed at the hearing. The record shall consist of the record of the committee's proceedings, and all written reports, documents, and other material submitted to the committee.

n. The committee will forward its decision, in writing, to the campus dean of student development no later than ten (10) working days after the conclusion of the hearing, except that the committee reserves the right to have the proceedings transcribed if it believes such transcription is necessary for its deliberations. In that event, the time for issuance of this decision will be automatically extended until ten (10) working days after the receipt of the transcript.

o. The stenographic record of audio-tape of each hearing, and all written documentation pertaining to the hearing will be sealed and stored in the dean of student development office in accordance with College procedures for a period of five (5) years, then destroyed.

3. Committee Decision and Implementation

a. The dean will notify the student in writing of the decision of the committee within five (5) working days of being notified of the committee's decision. If disciplinary action is imposed, the student will be informed of the duration of such action and/or the date by which restitution or other appropriate conditions must be met. At the same time, the dean will inform the student of his/her appeal rights.

b. The decision of the Student Conduct Hearing Committee will be implemented by the dean of student development except that decisions which involve dismissal shall be approved by the campus provost prior to implementation.

c. The student may appeal any decision in accordance with the appeal procedures stated below.

VIII. Appeal Procedures  Top

A. Appeals of a decision by the Student Conduct Hearing Committee must be submitted in writing to the provost within ten (10) working days of the receipt by the student of notification of the disciplinary action to be taken. The appeal becomes part of the official record.

B. The written appeal shall state the reason for the appeal, the resolution requested, and any points the student or his/her representative may choose to include.

C. The provost may impose a disciplinary sanction that differs from the recommendation or the finding of the Student Conduct Appeal Committee or the dean of student development.

D. In considering the appeal, the provost will be limited to a review of evidence presented at the hearing and only on the record.

E. The written decision of the provost will be submitted to the student within fifteen (15) working days of receipt of the written appeal or, if a transcript is required, fifteen (15) working days of receipt of the transcript. A copy of the decision will be forwarded to the dean of student development and the chair of the Student Conduct Hearing Committee.

F. The decision of the provost is final, except that a decision to dismiss a student may be appealed to the chief administrative officer within ten (10) working days of the receipt by the student of the provost's decision. The decision of the chief administrative officer is final.

IX. Disciplinary Sanctions  Top

The listing below is not intended to be all inclusive. The dean, Student Conduct Hearing Committee, provost, or higher administrative authorities may impose other sanctions as the situation may warrant. All disciplinary sanctions may become a permanent part of the disciplinary records kept in the Office of the Dean of Student Development. 

A. For purposes of this code, " disciplinary sanction" is defined as any action affecting the status of an individual as a student which is taken by the College in response to student misconduct.

B. Sanctions for violations of the Code of Conduct may be imposed by the dean of student development, the Student Conduct Hearing Committee, and the campus provost, as appropriate.

C. Unless otherwise specified in writing, a disciplinary action, emergency disciplinary action, or other sanction involving suspension or dismissal shall be collegewide in effect. A student who is barred from, suspended, or dismissed from one campus at  may not enroll at another campus unless a suspension or emergency disciplinary action taken has expired by its own terms or unless the student has received written permission from the campus dean of student development. Any disciplinary action, emergency disciplinary procedure, or sanction which involves barring access to or limiting a student's access to the College shall be considered to apply to all College facilities, including all three campuses of, any site leased, operated, or maintained by the College and the College's Administrative Center.

D. Disciplinary sanctions may include any one or more of the following:

1. Admonition: A statement to the student that he/she is violating or has violated the Code of Conduct and may be subject to more severe action if such violations recur.

2. Activities probation: Removal and/or restriction of the privilege of participating in extracurricular activities of the College. (This may include, but not be limited to, the holding of any student office, for a period not to exceed one academic year.)

3. Withholding a transcript or a degree. The penalty terminates upon payment of the debt.  

4. Bar against re-admission: Refusal to re-admit a student who has violated the Code of Conduct and has withdrawn from the College prior to or during disciplinary proceedings. This action may be lifted upon final disposition of the case.

5. Educational Sanction: A student may be required to provide a specific service or participate in a specific program, receive specific instruction, receive assistance and/or direction from a counselor, or complete a research assignment. The student is responsible for related expenses, including expenses for education, counseling, or treatment if any expenses are entailed.

6. Restitution: Reimbursement for damage to or misappropriation of property, and/or rehabilitative action as designated by the campus dean of student development, Student Conduct Hearing Committee, or campus provost, in compensation for violation of the Student Code of Conduct.

7. Bar against registration: Refusal to allow a student to register for courses offered by. This restriction may be lifted by the campus dean of student development when the conditions established for re-admission have been met.

8. Suspension: Temporary loss of status in a specified period of time with resultant loss of all student rights and privileges. Except for temporary suspension under the section on "Emergency Disciplinary Procedures," the decision to suspend (or dismiss) will be held in abeyance pending completion of the appeal process. The student will not participate in any College-sponsored activity and may be barred from College premises during the period of suspension. Conditions of re-admission, if any, will be stated in the order of suspension.

9. Dismissal from College: Termination of student status. Except for temporary suspension under the section on "Emergency Disciplinary Procedures," the decision to dismiss will be held in abeyance pending completion of the appeal process. Permanent notification will appear in the College's Student Information System. The student may be barred from College premises. Conditions of re-admission, if any, will be stated in the order of dismissal. This action must be approved by the campus provost and may be appealed to the chief administrative officer.

X. Hearings During the Non-Academic Year  Top

A. The provisions of this section shall apply to hearings which occur during the time period extending from the day following the last day of spring term examinations to the date preceding the first day of classes of the succeeding fall semester, if the dean determines that the unavailability of members of the Student Conduct Hearing Panel makes it impracticable to appoint a Student Hearing Conduct Committee.

B. If a student files an appeal during the time period specified in Section X. A above and the dean of student development determines, in his or her sole discretion, that a hearing should be held prior to the commencement of the academic year, the following alternative hearing procedures may be used:

1. Establishment of a Special Summer Board: A Special Summer Board may be established. This board shall consist of at least two members of the full-time faculty and at least one student. One member of the full-time faculty shall be designated as the chair of the Special Summer Board. The Special Summer Board shall conduct the hearing in the same manner and pursuant to the same procedures provided in the Student Code of Conduct for the Student Hearing Conduct Committee.

2. In the alternative, the dean of student development may offer the student the option of waiving a hearing before the Special Summer Board and requesting an administrative hearing. In such an event, an administrative hearing will be conducted by a hear ing officer appointed by the dean of student development from among the administrative staff of the College. The administrator may be either a campus-based administrator on the same or different campus or a collegewide administrator.

3. With the consent of the dean of student development, a student charged with violating the Student Code of Conduct may delay his or her hearing until the fall term.

XI. Other Provisions  Top

A. Nothing contained in this code shall limit the right of the College at any time to agree to a disciplinary sanction(s) if the student agrees not to contest the charges. Any such agreement shall be reduced to writing.

B. Nothing contained in this code shall preclude the College from pursuing any and all remedies available at law or equity and such rights and remedies are specifically reserved.

C. Any student against whom a disciplinary action has been filed and not been resolved may not register without the approval of the dean of student development.

D. Whenever these procedures provide that the student shall be notified in writing, a copy shall be served in person or by certified, return receipt requested mail to the student(s) address that is on file at the Office of Admissions, Records, and Registration. For purposes of computing any time frames under these procedures, where service is by mail, the date of service shall be considered to be the third day after the day of mailing. It is the responsibility of the student to ensure that the Office of Admissions, Records, and Registration has the student(s) current address on file.

E. Nothing in these procedures shall be deemed to preclude the College from holding one hearing or joint hearings when there are two or more students who are alleged to have participated in the same act or transaction or the same series of acts or transactions constituting an offense or offenses under the Student Code of Conduct. To challenge a decision to consolidate a complaint(s), the student(s) charged must notify the chair of the Student Conduct Hearing Committee of the ground(s) for the challenge in writing at least four (4) days before the hearing is scheduled to take place.

F. Wherever they appear, the terms "will" or "shall" are used in the imperative sense.

G. Severability. If any term or provision of this code is found to be in conflict with any law, such term of provision shall continue in effect only to the extent permitted by law. If any term or provision of this code shall be held illegal, unenforceable, or in conflict with any law or if the application of the code to any person or circumstance is deemed invalid, the validity of the remaining portion or other application to other persons or circumstances, shall not be affected.

H. Any students who are suspended or dismissed are required to return all College student identification cards to the appropriate Campus Security Office.

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