Student Disciplinary Procedures

The following student disciplinary procedures, as outlined in Internal Management Memorandum #6-15, address complaints of a violation of the Code of Student Conduct.

I. Informal Complaints

An informal complaint of any level may be addressed within three working days and disposed of by the Assistant Dean of Student Affairs & Enrollment Management and/or the Campus Provost in an informal manner.

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.

III. Disciplinary Committee Process

If the matter is not resolved by the Assistant Dean of Student Affairs & Enrollment Management in accordance with item 2 above, or is a Level 2 or 3 Offense, then a Disciplinary Committee will be appointed 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:

Coordinator of Retention & Counseling Services, Chair, Provost,

Academic Dean or Campus Associate Dean (1)

Instructional Personnel (1)

Coordinator of Retention

Assistant Dean of Student Affairs & Enrollment Management or Advisor (1)

Student (1) (Preferably a Student Government Association (SGA Officer)

2. In the event that the Coordinator of Retention & Counseling Services:

a. was involved in the alleged violation incident or in the mediation of the alleged offense, or:

b. has been involved in the mediation of the alleged offense; then,

c. The Coordinator of Retention & Counseling Services shall not serve on the Disciplinary Committee hearing the complaint of such alleged offense. In the place of the Coordinator of Retention & Counseling Services, the Dean of Student Affairs 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 Assistant Dean of Student Affairs & Enrollment Management. The Coordinator of Retention & Counseling Services shall send the accused student, via certified mail, and first class mail, to the student’s address in the College’s student record system, 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 Affairs & Enrollment Management who initially investigated the complaint will make arrangements for the presentation of witnesses and evidence to the Disciplinary Committee.

5. At the conclusion of hearing and after 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.
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 Dean of Student Affairs and Enrollment Management, Assistant Vice President of Policy/General Counsel, Campus Provost and Vice President of Student Affairs & Enrollment Management.

If the Disciplinary Committee’s recommendation is for student suspension or expulsion, the Vice President of Student Affairs and Enrollment Management will discuss this recommendation with the College 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. A student found to have violated a student code of conduct may appeal a decision by the Discipline Committee in writing to the Vice President of Student Affairs & Enrollment Management within 10 days following notification of the hearing outcome. In order for an appeal to be granted, the appeal must demonstrate one or both of the following:

Procedural error(s) that may have prejudiced the Discipline Committee
Evidence unavailable at the original proceeding which would likely have affected the decision

If the Vice President of Student Affairs & Enrollment Management cannot respond to the appeal, another executive administrator will be appointed by the President to hear the appeal.

8. At the conclusion of the process, all records of the proceedings shall be returned to the Office of the Coordinator of Retention & Counseling Services for storage and retention in accordance with College policy and State law.

IV. Procedures for Title IX Student Discipline Cases Alleging Sexual Misconduct

The following are the procedures regarding allegations of sexual assault and sexual harassment alleged to have been committed by a student.

Examples of sex discrimination under Title IX include, but are not limited to, sexual harassment, sexual assault, and failure to provide equal opportunity in education programs and activities. Students with allegations of failure to provide equal opportunity in education programs and activities must follow the procedures outlined in Internal Management Memorandum #6-17 Student Grievance Procedures. The procedures in the IMM are to be followed for allegations of sexual misconduct committed by a currently enrolled student.

DEFINITIONS:

Sexual Misconduct Sexual misconduct is a broad term encompassing any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, coercion, or manipulation. Sexual misconduct can be committed by a person of any gender, and it can occur between people of the same or different gender. Sexual Assault In accordance with Board Rule 6Hx19-1.33, Sexual Assault is defined as oral, anal, or vaginal penetration of another by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any object, without the consent of the other person involved in the act. This term shall not include acts performed for a bona fide medical purpose.

Consent

In accordance with Board Rule 6Hx19-1.33, consent is defined as intelligent, knowing, and voluntary consent, without coerced submission. A person who is unconscious or physically incapacitated due to alcohol or drug consumption, or asleep, or mentally incapacitated is generally deemed unable to give consent.

Sexual Harassment

In accordance with Board Rule 6H-19-2.56, sexual harassment is defined as sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term of condition of an individual's employment or educational career; submission to or rejection of such conduct is used as a basis for educational or employment decisions affecting the individual; or such conduct has the purpose or effect of unreasonably interfering with an individual's work or educational performance or creating an intimidating, hostile or offensive working or educational environment.

PROCEDURE In all cases alleging an act of sexual assault or harassment Internal Management Memorandum 6-15 Student Disciplinary Procedures will be followed with the following exceptions to those procedures:

Complaints
In cases alleging sexual misconduct by a student, a complaint must be filed by the complaining party to the campus Assistant Dean of Student Affairs & Enrollment Management. The complaint can be verbal and does not need to be in writing. Reporting anonymously is acceptable but requires sufficient details of the wrongdoing to allow investigation. No person filing a complaint in good faith under this section shall be subject to any adverse action. Any person acting in a manner deemed to be retaliatory for the filing of a complaint under this procedure shall be subject to appropriate student disciplinary action. Any person filing a complaint under this procedure determined to have been filed in bad faith or for purposes of harassment, embarrassment or to disrupt the orderly operation of the College may be subject to disciplinary action.

The Student Disciplinary Committee
In lieu of a Student Disciplinary Committee, a Title IX Committee will meet on all complaints of sexual assault and sexual harassment. The Title IX Committee shall not include a student and will be comprised of persons who have received appropriate training approved by the Title IX Coordinator and who have been judged to be impartial to the case. The Title IX Committee will be chaired by the Title IX Coordinator (Dean of Student Affairs & Enrollment Management) who will be non-voting. The Committee will consist of an administrator, faculty member, and an academic advisor. The Director of Global and Multicultural Awareness and Special Assistant to the President will also attend the meeting as an ex officio member. The Committee will base their decision on clear and convincing evidence. Investigation An investigation into the report shall be conducted by an Assistant Dean of Student Affairs & Enrollment Management appointed by the Dean of Student Affairs & Enrollment Management. The Assistant Dean of Student Affairs & Enrollment Management appointed will be from a campus where the students involved in the incident are not enrolled. The investigation shall be concluded as quickly as possible within the amount of time reasonably required to complete the investigation. The investigation will be conducted in a manner so that it is adequate, reliable, and impartial. The investigation may include interviews of the parties involved, including witnesses, and the gathering of other relevant information. At any time during the investigation, the Dean of Student Affairs & Enrollment Management may recommend that interim protections or remedies for the involved parties or witnesses be provided by appropriate College officials. These protections or remedies may include: separating the parties, placing limitations on contact between the parties, temporarily suspending one or more party, and making alternative workplace arrangements. These remedies may be applied to one or more parties involved. Failure to comply with the terms of interim protections may be considered a separate violation of College policy.

Cooperation with Law Enforcement
The College will comply with law enforcement requests for cooperation, and such cooperation may require the College to temporarily suspend the fact-finding aspect of a preliminary Title IX investigation while the law enforcement agency is in the process of gathering evidence. Internal College investigation will be suspended only upon written requests from a law enforcement agency. The College will promptly resume its Title IX investigation as soon as notified by the law enforcement agency that it has completed the evidence-gathering process. The College will implement appropriate interim steps during the law enforcement agency’s investigation period to provide for the safety of the complaining party(s) and the campus community.

Reassignments
When the complaining party and the accused student participate in the same courses or participate in the same activities (e.g., clubs/organizations, sports teams), complaining parties may request that a fair and immediate way to reassign and/or move one of the persons be decided upon by the Title IX Coordinator. A College issued No Contact Order may also be enacted by the Title IX Coordinator. The No Contact Order will state the College has received a report stating that the respondent may be in violation of College policy regarding a sexual harassment or sexual assault. The No Contact Order will specify that the alleged student be prohibited from contacting the complaining party. Forms of communication include but are not limited to in person meetings, phone, text messaging, voicemail, social media, via third party emissary, notes, letters, or other written communication, email , internet messenger, or any other internet based communication.

The Dean of Student Affairs & Enrollment Management/Title IX Coordinator or designee will consult with the campus provost (in making decisions as to whether the complainant/respondent can be released from classes) and the appropriate academic dean(s) or faculty (in making a determination regarding alternative classroom assignments for the accused student and/or the complaining party). When a student employee makes an allegation of sexual misconduct and the accused student works in the same department, alternative work assignments may be made by the appropriate College official upon request.

Alternative Testimony Options
For sexual misconduct complaints, whether the complaining party is serving as the complainant or as a witness, alternative committee meeting testimony options may be given. While such options are intended to help make the complaining party more comfortable, they are not intended to work to the disadvantage of the accused student.

Immunity for Complaining Parties
The College community encourages the reporting of sex discrimination violations. Sometimes, complaining parties are hesitant to report to College officials because they fear that they themselves may be charged with policy violations at the time of the incident. It is in the best interest of this community that as many complaining parties as possible choose to report to PHSC officials. To encourage reporting, the College pursues a policy of offering complaining parties of sexual assault and harassment limited immunity from being charged with policy violations related to the particular incident. While violations to policy cannot be completely overlooked, the College may provide educational options rather than sanctions in such cases.

Appeals
A student found to have violated a student code of conduct involving sexual assault or sexual harassment may appeal a decision by the Title IX Discipline Committee in writing to the Vice President of Student Affairs & Enrollment Management within 10 days following their notification of the hearing outcome. In order for an appeal to be granted, the appeal must demonstrate one or both of the following:

• Procedural error(s) that may have prejudiced the Discipline Committee

• Evidence unavailable at the original proceeding which would likely have affected the decision

The Vice President of Student Affairs & Enrollment Management will respond to the appeal and either deny the appeal, request the discipline committee to reconvene to review new evidence, or determine that procedural errors occurred and request a new discipline committee to hear the case. Parental Notification The College reserves the right to notify parents/guardians of students regarding any health or safety emergency, change in student status, or conduct situation. The College also reserves the right to designate which College officials have a need to know about individual complaints pursuant to the Family Educational Rights and Privacy Act (FERPA).

Identification of Patterns or Systematic Problems
Committees assigned to Title IX Sexual Assault and Sexual Harassment Discipline Committees are to make recommendations to the Title IX Coordinator to address any patterns or systematic problems that arise during the review of such complaints.

Reports
Upon receipt of initial complaint or information regarding a potential Title IX incident, the recipient shall complete a standard PHSC Incident/Accident Report. The report shall state only that it is a possible Title IX related event and that further information is available through the Title IX Coordinator. No student or employee information shall be included on the form except for the employee submitting the form. A separate Title IX Incident Report shall be completed prior to reference to the Title IX Coordinator and should be signed by the person receiving the initial complaint or information; a copy of the standard College Incident/Accident form as filed shall be attached to the Title IX form. If the Title IX Coordinator is the original recipient of the initial complaint or information, then the Coordinator shall complete the report prior to submitting the matter to the investigator. The report (and a copy of the standard College Incident/Accident form) shall travel with the file on the matter and shall be supplemented at each phase. The Title IX Coordinator shall assign a case number which will be added to the original standard College Incident/Accident form. The case number shall be as follows: PHSCIX – 20xx-000x. The first four digits shall be the calendar year in which the complaint was initiated and the last four shall be the number of the complaint in that year in sequential order so that the first Title IX case received in a year would have a case number of PHSCIX-2016-0001.

The Committee chair shall document the final result of the investigation into the matter, including findings and any actions recommended/taken, including preventative or remedial actions to be taken by the College. In cases where the matter is closed by the Title IX Coordinator upon a determination that, even assuming all of the allegations to be true, the matter is not a Title IX incident, a final report shall be made that details the basis for the determination. This report will include what, if any, steps were taken to assist the individuals involved in the matter and, where appropriate, what training or other measures should be taken by the College to prevent future events. The final report may also recommend that the case be redirected to the traditional student disciplinary process.

All original reports shall be retained by the Title IX Coordinator in a secure location and may be scanned into an electronic format and stored in a secure electronic environment. A complete copy shall also be provided to the College Director of Safety and Security for reporting purposes.

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