II. Formal Complaints

1. All formal complaints will be referred to the Assistant Dean of Student Affairs & Enrollment Management for investigation, mediation, and possible resolution. Any student, faculty member, staff member, vendor employee or College administrator may file a formal complaint against a student alleging a violation of the Code of Student Conduct.

To be treated as a formal complaint, the complaint must be in writing and signed by the complainant.

2. After interviewing the accused student and all appropriate witnesses to the matter, and reviewing documentation and other evidence related to the matter, the Assistant Dean of Student Affairs & Enrollment Management will take one of the following actions:   

a. Determine that no or insufficient grounds exist to believe that a violation occurred and dismiss the complaint or: 

b. Determine that sufficient grounds exist to believe that a violation occurred and proceed. If the alleged violation is a Level I Offense (as described in DBOT Rule 6Hx19- 6.13), then the Assistant Dean of Student Affairs & Enrollment Management will attempt to mediate a mutually agreeable resolution with the accused student, which may include the imposition of any or all Level I sanctions, subject to review and approval by the campus Provost or:

 c. Determine that sufficient grounds exist to substantiate that the violation which allegedly occurred was of a Level 2 or 3 Offense, and request appointment of a Disciplinary Committee to conduct a formal hearing of the complaint subject to the review and approval of the Campus Provost. Prepare a detailed report, including a summary of the complaint and the issues involved, and a list of potential witnesses and other persons believed to have information about the complaint. 

d. The Campus Provost may recommend need for an evaluation in cases where a student who has allegedly violated the Student Code of Conduct is regarded as evidencing behaviors of concern which interfere with his or her normal functioning. Recommendation for such evaluation will be made to assist in determining sanctions should the Disciplinary Committee find violations of the Student Code of Conduct. 

If the student accepts the recommendation, he or she will be informed that a report will be made to the Assistant Dean of Student & Enrollment Management investigating the incident only if a release of information is authorized. One week will be granted as an extension to the investigative process in order to receive the report. The student will be advised of procedures to request exceptions for enrollment status (i.e., late drop, withdrawal or incomplete).

If the student refuses the recommendation, or authorization for the release of the report, the student disciplinary hearing process will continue as if no recommendation were made. When a student's mental health is considered an important contributing factor to violations which lead to a suspension, the specific conditions for reinstatement will include a report demonstrating that the mental health issue has been sufficiently resolved. 

3.  If the Assistant Dean of Student Affairs & Enrollment Management

a. was involved in the alleged violation or:          

b. has previously counseled the accused student or the complainant about the matter to the extent that it would be inappropriate for The Assistant Dean of Student Affairs & Enrollment Management to investigate or mediate the complaint, then an Assistant Dean of Student Affairs & Enrollment Management from another campus will be appointed to handle the complaint.