Student Disciplinary Procedures

I. Informal Complaints

1. An informal complaint of any level may be addressed within three working days and disposed of by the assistant dean of student development, the campus provost and/or the dean of student development and enrollment management in an informal manner.

II. Formal Complaints

2. All formal complaints will be referred to the assistant dean of student development for investigation, mediation and possible resolution. Any student, faculty member, staff member 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.

   After interviewing the accused student and all appropriate witnesses to the matter and reviewing documentary and other evidence related to the matter, the assistant dean of student development will take one of the following actions:

1. Determine that no or insufficient grounds exist to believe that a violation occurred and dismiss the complaint; or:
2. 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 development 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 and/or the dean of student development and enrollment management; or:
3. Determine that sufficient grounds exist to substantiate that the violation that allegedly occurred was of a Level II or III Offense, and request appointment of a Disciplinary Committee to conduct a formal hearing of the complaint, subject to the review and approval of the 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.

3. If the assistant dean of student development:

1. Was involved in the alleged violation or:
2. 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 development to investigate or mediate the complaint, then the dean of student development and enrollment management will appoint an assistant dean of student development from another campus to handle the complaint.

III. Disciplinary Committee Process

1. If the matter is not resolved by the assistant dean of student development in accordance with item 2 above, or is a Level II or III Offense, then a Disciplinary Committee will be appointed by the dean of student development and enrollment management using, as much as possible, members who have no prior knowledge of or involvement with the alleged violation. The Committee shall consist of the following members:

1. Dean of student development and enrollment management, Chair
2. Provost or academic dean or campus associate dean (1)
3. Instructional personnel (1)
4. Assistant dean of student development or advisor (1)
5. Student (1) (Preferably a Student Government Association (SGA) officer)

2. In the event that the dean of student development and enrollment management:

1. Was involved in the alleged violation incident or in the mediation of the alleged offense, or:
2. Has been involved in the mediation of the alleged offense; then
3. The dean of student development and enrollment management shall not serve on the Disciplinary Committee hearing the complaint of such alleged offense. In the place of the dean of student development and enrollment management, the vice president of student development and enrollment management will serve as chairperson of the Disciplinary Committee.

3. The chairperson of the Disciplinary Committee will schedule a date, time and location for the Disciplinary Committee to convene to hear the complaint, taking into consideration the class schedule of the accused student and the availability of potential witnesses and Disciplinary Committee members. If at all possible, the hearing should take place within 10 business days following the referral of the matter to the dean of student development and enrollment management. The assistant dean of student development who investigated the incident shall send the accused student, via certified mail and first class mail, a summary of the complaint; a tentative list of potential witnesses; a notice of the date, time and location of the hearing; and a copy of the rules that govern the hearing. The accused student will be informed that the College equity officer will be available to assist the student with understanding and following the College disciplinary procedures. While the equity officer will not represent the student at the hearing, the equity officer may, at the student's request, attend the hearing to provide procedural assistance to the student. The student may also have any other person present at the hearing, but this person shall be an observer only and shall not participate in the hearing.
4. The assistant dean of student development who initially investigated the complaint will make arrangements for the presentation of witnesses and evidence to the Disciplinary Committee. The Disciplinary Committee members and the accused student will be permitted to question each witness and to inspect all documentation and other evidence. The accused student will be allowed to present any witness statements and any other evidence that the student believes to be relevant to the matter. The hearing will be tape recorded, and the tape shall remain the property of the College. The accused student shall be given a copy of the tape recording upon written request.
5. At the conclusion of hearing and reviewing all the evidence, including testimony, the accused student will be given the opportunity to make a closing statement. After the closing statement, the Disciplinary Committee will decide, by majority vote, outside the presence of the accused student and any other non-Disciplinary Committee members, whether the student violated the College's Code of Student Conduct, and what, if any, sanction(s) should be imposed. The college equity officer shall not be excluded during the deliberation and voting process.
6. The decisions of the Disciplinary Committee shall be placed in writing, This decision is final. A recommendation for suspension or expulsion of the student must be referred to the president for approval and final imposition. The Disciplinary Committee may impose all other sanctions. The chair of the Disciplinary Committee shall send a copy of the committee's recommendation to the vice president of student development and enrollment management.
   
   If the Disciplinary Committee's recommendation is for student suspension or expulsion, the vice president of student development and enrollment management will discuss this recommendation with the president for approval and final imposition before notifying the chair of the Disciplinary Committee to send the final decision to the student via certified mail and first class mail.
7. At the conclusion of the process, all records of the proceedings shall be returned to the office of the dean of student development and enrollment management for storage and retention in accordance with College policy and state law.