5.16 – Student Discipline and Appeals

5.16 Student Discipline and Appeals

A. Purpose

To establish the college’s process for investigating alleged violations of the Standards of Student Conduct, to describe the possible sanctions which may be imposed on students who violate the Standards of Student Conduct and to describe the process for students to appeal disciplinary determinations.

B. Policy

The college maintains formal, fair and equitable procedures for addressing alleged violations of the Standards of Student Conduct, policy 5.15. The established procedures are focused on resolving such violations appropriately, expediently and fairly and include the process for appealing a disciplinary determination.

C. Procedures

Inherent Authority

The succeeding disciplinary procedures, which include interim measures, investigation, notice of finding and sanctions, are initiated and finalized by the student conduct administrator. The student conduct administrator is the college administrator responsible for adjudicating alleged violations of the Standards of Student Conduct for the college. Student conduct administrators may include the dean of students, the designated campus or center administrator or another college employee appointed to this role by these officials.

The succeeding appeals procedures will be received, heard and finalized by the vice chancellor for student affairs. The chancellor may also receive and finalize appeals as described under Chancellor Review.

Interim Measures

Upon receipt of a report of an alleged violation of the Standards of Student Conduct and prior to the completion of the investigation, the student conduct administrator may issue one or more of the following interim measures. If an interim measure is issued, this will be communicated in writing to the respondent, and any complainant.

No-Contact Order

A no-contact order between the respondent and other parties may be issued. The no-contact order prohibits communication between/among the respondent and other parties including but not limited to: contact by phone, email, hand-written note, instant messaging, text messaging, online postings/message boards, through a third person, or in person. This includes any email or message accounts that are affiliated with the parties’ identities. If the no-contact order is violated, additional disciplinary action may be pursued.

Interim Suspension

Interim suspension may be imposed when, in the opinion of the student conduct administrator, the presence of the respondent would:

• • seriously disrupt the operation of the college;
  • constitute a danger to the physical properties of the college; or,
  • constitute a danger to the safety or welfare of the respondent or other members of the college community.

During interim suspension, the respondent shall be denied access to part of or all college properties, facilities, IT resources, activities, classes or privileges for which the respondent might otherwise have access.

Academic Program Removal

For violations of enumerated violation “a” of the Standards of Student Conduct, “refusal to submit to random or scheduled drug tests, falsifying the results of such drug tests, or submitting a positive sample for a random or scheduled drug test while enrolled in an academic program that requires random and/or scheduled drug testing,” which results in the temporary removal from an academic program, the sanction and/or interim measure may be issued in writing by the relevant program director or dean of the academic division.

Investigation

When the student conduct administrator receives information that a student has allegedly violated the Standards of Student Conduct, an investigation of the alleged violation shall commence. All reasonable attempts will be made to complete the investigation in a prompt and timely manner. The length of time of the investigation is dependent on the complexity of the incident and the number of individuals involved. The investigator has discretion to extend the investigation timeline as needed. If an extension is necessary, this will be communicated in writing to the parties.

The investigation may include the following actions:

• Interviews of involved parties or a review of a written summary or a copy of written statement(s) by involved parties if available, a review of relevant records, documents, photographs, other physical evidence and/or a review of security video footage if available.
• During the investigation process and prior to a notice of finding being delivered to the parties, the student conduct administrator, upon mutual agreement of the parties, may approve informal means of resolution such as mediation, in lieu of additional formal processes.
• For violations of enumerated violation “a” of the Standards of Student Conduct, “refusal to submit to random or scheduled drug tests, falsifying the results of such drug tests, or submitting a positive sample for a random or scheduled drug test while enrolled in an academic program that requires random and/or schedule drug testing,”  the internal practices and procedures of the academic department administering such a drug test will constitute the investigation. Sanctions pursuant to this violation will be administered by the relevant academic program director.

Notice of Finding

At the conclusion of an investigation, if, by a preponderance of the evidence, the student conduct administrator determines that the Standards of Student Conduct have not been violated, sanctions will not be imposed. In that event, a notice of finding will be sent to the respondent, and any complainant within five (5) college business days from the date the investigation is completed. The notice of finding will include a description of the information considered, the results of the investigation and a copy of this policy.

At the conclusion of an investigation, if, by a preponderance of the evidence, the student conduct administrator determines that violation(s) of the Standards of Student Conduct have occurred, a notice of finding will be issued to the respondent, and any complainant within five (5) college business days from the date the investigation is completed. The notice of finding will include a description of the conduct that was in violation of the Standards of Student Conduct, the sanction(s) imposed and a copy of this policy. This notice of finding is final, subject to the respondent’s, or any complainant’s appeal rights, described below.

Sanctions

One or more of the following sanctions may be imposed for violation(s) of the Standards of Student Conduct. Sanctions are determined by several factors, including the frequency or severity of the offense(s) and history of misconduct. This is a non-exhaustive list of possible sanctions.

Formal Reprimand

Written reprimand to the respondent on whom it is imposed, giving official notice that subsequent violations of the Standards of Student Conduct will carry heavier penalties because of this infraction.

Disciplinary Probation 

The respondent may continue to attend classes but may be prohibited from officially representing the college or participating in any extracurricular activities. Disciplinary probation may be for a designated period or indefinite, which will be stated in the Notice of Finding letter to the respondent. Any further violations of the Standards of Student Conduct may lead to suspension or expulsion from the college.

Registration Restrictions

Course registration may be restricted upon a respondent who has a disciplinary case pending a final written decision.

Restitution

The respondent is responsible for reimbursement for damage to, or misappropriation of property. Reimbursement may include appropriate service to the college to repair or otherwise compensate for damages.

Loss of Computer Network Privileges

Indefinite or permanent loss of computer privileges and network access and/or denial of future access to the college’s information technology resources.

No Contact Order following Notice of Finding 

Requires that one or more involved parties have no contact through any means of communication with another party. This order remains in effect until rescinded by the student conduct administrator or by written request from all parties involved.

Failing or Lowered Grade 

In cases of flagrant academic integrity violations, final course grades assigned may be lowered or an “F” grade assigned.

Removal from Academic Program
Indefinite or permanent removal from an academic program that does not prohibit the student’s access to admittance or participation in other college programs or activities.

Suspension 

Severs the relationship of the respondent with the college and college related activities under conditions which permit and anticipate the respondent’s eventual return to the college. Suspension may be for a designated period or indefinite.

Expulsion 

Permanent severance from the college. Expulsion may be rescinded only by the chancellor.

Other remedial measures 

Other remedial measures may be implemented as appropriate based on the circumstances. For example, a person found to have violated the Standards of Student Conduct may be required to complete relevant training or counseling.

Appeal Process

All appeals related to enumerated violation “a” of the Standards of Student Conduct, “refusal to submit to random or scheduled drug tests, falsifying the results of such drug tests, or submitting a positive sample for a random or scheduled drug test while enrolled in an academic program that requires random and/or schedule drug testing,”  will be filed and adjudicated pursuant to the internal procedures of the academic division housing the academic program requiring the random and/or scheduled drug testing.

All appeals related to enumerated violations “b” through “w” of the Standards of Student Conduct, will be filed and adjudicated pursuant to the procedures detailed below. The respondent, or any complainant may file an appeal within ten (10) college business days of the written decision. Any such request for an appeal must be made in writing to the vice chancellor for student affairs and must include the following:

• the name of the individual requesting the appeal.
• the disciplinary decision being appealed and the date the disciplinary decision took place; and,
• the basis for the appeal.

Appeals can be filed for the following reasons only:

• new information that alters the finding of fact and was not reasonably available at the time of the issuance of the written decision.
• a procedural error that unfairly and materially affected the outcome of the investigation.
• the sanction imposed is excessive or disproportionate to the offense(s), and/or,
• conflict of interest or bias on the part of the student conduct administrator who participated in the preparation and/or completion of the written decision.

The academic status and standing of the respondent will not be changed during the process of the appeal except in the event of an interim suspension. Any interim measure issued will remain in effect during the pendency of the appeal. Any violation of the Standards of Student Conduct occurring during the appeal process may result in a change of status of the respondent.

If the respondent, or any complainant chooses not to appeal or does not request an appeal by the appropriate date pursuant to this policy, the prior notice of finding will go into effect as specified.

Appeal Extensions

Within ten (10) college business days of the written decision, a respondent, or any complainant may request an extension of the timeframe for appealing the prior notice of finding:

• • An extension may be granted for the following reasons:
    • serious illness or injury of the respondent/complainant.
    • serious illness or injury of the respondent’s/complainant’s immediate family.
    • a death in the respondent’s/complainant’s immediate family, or,
    • a respondent’s/complainant’s documented disability.
  • The request for an extension must be made in writing to the vice chancellor for student affairs and include documentation supporting the reason for the extension needed such as an obituary notice, doctor’s note, verification of a disability, etc.
  • Within five (5) college business days from receipt of the request for an extension, a written decision on the request will be sent to the requesting student by the vice chancellor for student affairs. If the college grants an extension, the decision will include the length of the extension and the new date by which the student must appeal the notice of finding in question.
  • The decision of the vice chancellor for student affairs concerning a request for a time extension to appeal shall be final.

Procedure for Appeals and Appeal Hearings

When an appeal has been timely filed or has otherwise been granted with an extension, the vice chancellor for student affairs will review the substance of the appeal request and may take one of the following actions:

• • deny the appeal request if a proper basis for appeal has not been identified.
  • review and decide the matter without a hearing before the student conduct panel.
  • refer the matter for a hearing before the student conduct panel. Appropriately filed appeals will always be sent to a hearing before the student conduct panel when the notice of finding has resulted in suspension or expulsion. However, at all times, the decision of the vice chancellor for student affairs to deny, review or refer an appeal is final.

If the appeal will be reviewed without a hearing before the student conduct panel:

• • The vice chancellor for student affairs will review the appeal and the investigation file and then make a determination on the appeal, including sanctions if applicable.
  • The vice chancellor for student affairs may also choose to meet with the respondent, complainant, and other individuals with pertinent knowledge.
  • The vice chancellor’s decision is final, subject to the parties’ right to chancellor review.
  • The vice chancellor’s written decision will be sent to the respondent within ten (10) college business days of receiving the appeal. The vice chancellor for student affairs may extend the response time if more time is needed to render a decision. The vice chancellor for student affairs will communicate in writing with the respondent, or any complainant, about the additional time needed and the new date by which the appeal will be decided.

If an appeal is referred to the student conduct panel:

• • The student conduct hearing panel will review the case file and the information provided during the hearing to determine whether the grounds for appeal have been met such that the determination of the student conduct administrator should be modified or vacated.
  • The panel will be made up of at least three (3) individuals chosen by the vice chancellor for student affairs from a pool of trained college faculty, staff and administrators.
  • The chairperson of the panel will be selected by the panel by majority vote and the chairperson will preside over the hearing.
  • The vice chancellor for student affairs will be responsible for providing all case materials to panel members and the standard operating procedures for the preparation and facilitation of the hearing.
  • Proceedings will be closed to all but the members of the panel, the respondent, the respondent’s support person, the complainant, the complainant’s support person, witnesses called to testify, the vice chancellor for student affairs and a note taker appointed by the chairperson. Legal counsel for the college may also be present as a silent party to the proceedings.
  • The proceedings will be recorded by a member of the student conduct panel. A note taker may still be present in the event the recording technology fails.
  • Prior to the hearing, the respondent, and any complainant will be notified in writing of the date and time of the hearing and be given similar and timely access to information that will be used by the panel during the hearing.
  • No new evidence will be permitted to be presented at the hearing except as it relates to the grounds for appeal. If a party attempts to introduce evidence that does not relate to the grounds for appeal, the evidence will be dismissed.
  • The respondent, and any complainant may be present during the hearing. Arrangements may be made so that the complainant and the respondent are not in the room at the same time. The only party required to be present is the party who filed the appeal.
  • If witnesses are called to testify to support the grounds for appeal, cross examination is not permitted. Either party may present questions in advance of the hearing to the vice chancellor for student affairs to be asked by the panel chairperson of a party or witness. The chairperson has discretion to determine whether the question is appropriate and relevant and whether they will ask the question on behalf of a party.
  • The appealing party will have the opportunity to make an opening statement. No party is required to testify at a hearing and no inference will be drawn from the failure to testify.
  • Following the hearing, by majority vote, the panel may affirm, vacate or modify the student conduct administrator’s decision in whole or in part. The panel will submit their written decision to the vice chancellor for student affairs within five (5) college business days from the date of the hearing.
  • Following the hearing, the chairperson of the panel will prepare a record of the hearing, which will include a copy of the notice of the hearing, all documentary and tangible evidence, a summary or transcript of all testimonial evidence, any other material considered by the panel, and the panel’s decision. These materials will be submitted to the vice chancellor for student affairs.
  • The vice chancellor for student affairs will review the decision of the panel giving presumptive weight to the decision of the panel. The vice chancellor for student affairs can affirm, vacate or modify the panel’s decision. The vice chancellor for student affairs’ decision is final subject to the parties’ right to chancellor review, described below.  The vice chancellor for student affairs’ written decision will be sent simultaneously to the respondent and, any complainant within ten (10) college business days of receiving the panel’s decision.

Chancellor Review

The respondent may request that the chancellor review the vice chancellor for student affairs’ decision from an appeal hearing only where the sanction imposed is expulsion or a suspension of more than ten (10) college business days. The request for chancellor review must be made in writing to the vice chancellor for student affairs within five (5) college business days of the vice chancellor for student affairs’ decision. If the respondent chooses not to seek a review or does not request a review by the appropriate date, the decision of the vice chancellor for student affairs will go into effect as specified.

Any request for review by the chancellor shall include the following:

• • the name of the individual requesting the review.
  • the decision being reviewed.
  • the reasons for the review, and,
  • any other information the person requesting the review believes is relevant.

Upon receipt of a request for chancellor review, the vice chancellor for student affairs will provide the chancellor with the necessary case documentation for review. The chancellor will proceed with the review if the chancellor determines that one of the following conditions has been met:

• • new information that alters the finding of fact and was not readily available at the time of the hearing.
  • a procedural error that materially or unfairly affected the outcome.
  • the sanction imposed is excessive or disproportionate to the offense(s), and/or,
  • conflict of interest or bias on the part of person(s) who participated in the decisions.

When a request for review has been timely filed or has otherwise been accepted with an extension, the chancellor may:

• • deny the request if a proper basis for review has not been met.
  • remand the matter to the student conduct panel for an additional appeal hearing for further review, or,
  • affirm, vacate or modify the decision of the vice chancellor for student affairs in whole or in part.

The standard of review will be the preponderance of the evidence, and the chancellor will give presumptive weight to the decision of the vice chancellor for student affairs. The decision of the chancellor will be final and is not subject to further appeal or review.

The decision of the chancellor will be sent in writing simultaneously to the respondent, and any complainant within ten (10) college business days of receipt of the chancellor’s review appeal request.

Chancellor Review Appeal Extensions

Within five (5) college business days from receipt of the vice chancellor for student affairs’ decision from an appeal or appeal hearing, the respondent may request an extension of time to request a review by the chancellor:

• • An extension will be granted only for the following reasons:
    • serious illness or injury of the respondent.
    • serious illness or injury of the respondent’s immediate family.
    • death in the respondent’s immediate family, or,
    • the respondent’s documented disability.
  • The request for an extension must be made in writing to the vice chancellor for student affairs and include documentation supporting the reason for the needed extension such as an obituary notice, doctor’s note, verification of disability, etc.
  • Within five (5) college business days from receipt of the request for an extension, a written decision on the request will be sent to the requesting student. If the college grants an extension, the decision will include the length of the extension and the new date by which the student must submit a review request.
  • The decision of the vice chancellor for student affairs concerning a request for a time extension to submit a request for a review by the chancellor shall be final.

The chancellor may appoint a person to act for the chancellor concerning any process set forth in this section.

Non-Disclosure

The college will not require a respondent, or any complainant to abide by a non-disclosure agreement, in writing or otherwise, that would prevent the re-disclosure of information related to the outcome of a disciplinary proceeding, appeal hearing or chancellor review.

Conflicts with Federal or State Law

In the event a portion of this policy or these procedures conflicts with state or federal law, the state or federal law shall be followed.

Conflicts of interest

If any person involved in implementing these procedures determines that they cannot apply the procedures fairly because of the identity of a respondent, complainant or witness, or due to any other conflict of interest, they should notify the vice chancellor for student affairs as soon as possible. Another appropriate individual will be designated to fulfill their responsibilities.

Other College Procedures

Alleged violations of policy 5.15, Standards of Student Conduct, will be investigated and issued findings consistent with this policy. All other alleged violations of college policies will be investigated pursuant to the standards set forth in their individual policies.

All appeals of findings of responsibility involving a student as a respondent in OTC policies 3.01 Anti-Harassment and Discrimination, 4.06 Sexual Harassment Grievance Procedures and 5.25 Academic Integrity, will be handled in accordance with the appeal procedures set forth in this policy.

Appeals of findings for policy 2.25, Classroom Expectations and Disciplinary Withdrawal, are primarily processed through the appeal procedures set forth within policy 2.25. There are some instances, however, where the sanction and appeal procedures set forth in policy 5.16 will apply.

D. Definitions

College business day is any day the administrative offices of the college are open for business as reflected in the official academic calendar for the college.

Complainant is an individual who is the alleged recipient of alleged behaviors prohibited by policies 5.15, 4.06 or 3.01 and their related procedures.

Parties are individuals or groups directly involved in or affected by the alleged violations of the Standards of Student Conduct and/or the investigation. Parties in this context can include the respondent, complainant and witnesses.

Preponderance of the evidence is more likely than not that the respondent violated college policy, procedures or the Standards of Student Conduct.

Respondent is a student who is alleged to have violated the Standards of Student Conduct.

Retaliation is intimidating, threatening, coercing or otherwise discriminating against any individual from exercising their rights to avail themselves of the college’s disciplinary procedures or otherwise participating in the process outlined above (e.g.: as a witness).

Student conduct administrator is the college administrator responsible for overseeing and adjudicating alleged violations of the Standards of Student Conduct. Student conduct administrators may include the dean of students, a designated campus or center administrator or another employee appointed to this role by these officials. The authority to assign a student conduct administrator may come from the chancellor, executive vice chancellor for institutional and student success, the vice chancellor for student affairs or the dean of students.

Student status is the official standing or position of a student within the college community. A student’s status can include active, suspended, or another designation, depending on their eligibility to participate in academic and college activities. A change in student status, such as suspension or expulsion, affects the students’ rights, privileges and responsibilities as a student.

Support person is a person who assists a respondent or complainant during an administrative meeting or appeal hearing. While a support person may attend with the respondent or complainant, they may not address hearing bodies, speak in resolution meetings, or question witnesses. Because the purpose of this disciplinary process is to provide a fair review of alleged violations of the Standards of Student Conduct rather than a formal legal proceeding, a support person may not advocate for a party, may not be actively involved in the proceedings, and must agree to maintain the confidentiality of the process.

E.    Authority

This policy and these procedures are maintained under the authority of the executive vice chancellor for institutional and student success.

F.    Related Policies

2.25 – Classroom Expectations and Disciplinary Withdrawal

2.62 – Academic and Course Grade Appeal

3.01 – Anti-Harassment and Anti-Discrimination

4.06 – Sexual Harassment and Grievance Procedures

5.15 – Standards of Student Conduct

5.24 – Academic Integrity

5.37 – Drug and Alcohol Prevention

G.    Implementation 

Policy approved and adopted by the Board of Trustees on 02/23/1998. Revised 07/13/2009, 11/10/2014.

Purpose, procedures, and definitions approved and adopted by the Cabinet on 10/31/14. Revised 03/30/2018, 12/12/2019, 09/06/2022 and 12/03/2024.

Set for review in fiscal year 2027-2028.