Disciplinary action may include probation, suspension, or dismissal from the College. Students suspected of committing any violation of College policy are accorded procedures consistent with fair process typically before disciplinary action is imposed. However, in appropriate circumstances, students may be suspended prior to a hearing.
Any violation of College policy (including all forms of academic dishonesty) can result in a student being barred from graduate or professional schools at other universities. In addition, violating College policy can make a student ineligible for government commissions or other employment.
When a violation has occurred, an incident report, including the date, time and circumstances of the alleged act, must be submitted to the Vice President of Academics. This report includes a description of the actions of all parties involved, names of witnesses available and documentary evidence that supports the charge.
Students wishing to report a violation should file the report through the responsible administrator of the campus or a full-time faculty member.Upon receipt of the report, the Vice President of Academics will determine if a College policy may have been violated by the student. If there is insufficient information to make that determination, the Vice President will notify the person making the report. If there is sufficient information, the Vice President will contact the student and will appoint a judicial hearing committee.
Normally, the Vice President will contact the student in writing informing the student of the charges in sufficient detail, including the time and place the alleged violation occurred and the penalty that would be appropriate if the student did in fact violate the policy. If circumstances warrant it, the student may be given the option of waiving a hearing and accepting a lesser penalty. In cases that go to a hearing, disciplinary action is determined by the hearing committee. See Hearing and Appellate Procedures below.
Hearing Procedures
Hearing committees consist of three members. The Vice President of Academics appoints two members from the College faculty or administrative staff and the student selects one member from the College faculty. The Vice President also designates the chairperson to conduct the proceedings and report the committee's decision. Members of hearing committees must be unbiased and must not have had direct involvement in the case prior to the hearing.
- Parties to the hearing are notified in writing of the hearing date, time, location and procedures at least seven (7) working days before the hearing. Hearing procedures include the following:
- A written or electronic record of the proceedings is maintained. The hearing is closed and members of the committee will take reasonable precautions to ensure that the proceedings remain confidential, unless disclosure is required by law. A scribe or technician may be present to record the minutes, and the meeting may be recorded.
- The proceeding is not governed by formal rules of evidence or by trial-like procedures. The procedures are those used by reasonable persons conducting a serious proceeding. The chairperson rules on all procedural questions.The chairperson reads the charges or complaint to the committee.
- Each side presents its case.
- Members of the committee have the right to question any of the parties or witnesses.
- Parties may be advised by legal counsel, but legal counsel may not be present during the hearing.
- The chairperson may terminate a party's right to address the committee if the party becomes abusive or persists in presenting irrelevant evidence or information.
If either party fails to appear, the hearing will continue as if the absent party were present.
After the hearing, the committee deliberates and renders a decision by simple majority based on a preponderance of the evidence. If the committee decides to impose a penalty, it specifies the disciplinary action to be imposed.
The Vice President sends written notification to the student of the committee's decision and his/her right to appeal.
Appellate Procedures
Students who believe they have been wrongfully or excessively penalized may appeal the hearing decision. Such an appeal must be requested in writing within ten (10) days of notification of the action and must be directed to the Vice President of Academics. In order for the Vice President to convene an appeals committee, a student must establish that there is sufficient cause for such an appeal. It is the responsibility of the student to submit a clear, coherent, written statement providing the basis for the appeal, including any supporting documentation. For an appeal to be granted, the student must present:
- a reasonable possibility that the unfavorable decision was clearly wrong, given the hearing committee's interpretation of the evidence or in the disciplinary action imposed.
- new evidence that was not available for presentation at the original hearing and which, if true, creates a reasonable probability of a different decision. In addition, a satisfactory explanation must be provided for the failure to present such evidence at the hearing.
At the discretion of the Vice President, any disciplinary action previously imposed may be suspended pending disposition of the appeal.The Vice President of Academics will appoint a panel of three individuals from the College's faculty, administration, or both, and will designate one of them to conduct appeal proceedings. Members of the committee must not have had direct involvement in the case prior to the appellate hearing. A meeting time is arranged within thirty (30) days of receiving of the request for an appeal. All relevant information is then considered by the committee, including the record of the proceedings of the original hearing, written statements of the case and the testimony of any witnesses for each of the opposing parties and any new evidence presented.
The hearing procedures for the appeal will be identical to the procedures for the original hearing (see Hearing Procedures). The appeal committee will make every attempt to render a decision within ten (10) working days from the date of the hearing. The committee may recommend upholding the previous decision, mitigating sanctions, or dismissing all charges or complaints. The chairperson of the committee will send a written report of the appeal committee's recommendation, including a description of the appeal and the rationale for its recommendation, to the Vice President. Within fourteen (14) days of receiving the recommendation, the Vice President will send his/her recommendation to the President who, within seven (7) working days will issue his/her final decision to the Vice President. The Vice President will issue written notification of the decision to the student. This decision is final. All documentation for all hearings will be kept on file.
Disciplinary expulsions are noted on student transcripts. Probation and suspension are also noted on transcripts but only for the duration of the probation or suspension. Any retaliatory action of any kind by an employee or student of the College against any other employee or student of the College as a result of that person's seeking redress under these procedures, cooperating in an investigation, or other participation in these procedures is prohibited and will be regarded as the basis for disciplinary action.
