STUDENT DISCIPLINARY PROCEDURES (SECTION 15.3)

Complaint procedures:

1. Any charge, accusation, or allegation which is to be presented against a student, and which, if proved, may subject a student to disciplinary action, must be submitted in writing in complete detail to the office of the Chief Student Affairs Officer. promptly by the individual, organization or department making the charge.
2. The chief student affairs officer of the college or his or her designee (the student judicial affairs officer) will conduct a preliminary investigation in order to determine whether disciplinary charges should be preferred. The chief student affairs officer or his or her designee (the student judicial affairs officer) will advise the student of the charge(s) against him or her, consult with other parties who may be involved or who have information regarding the incident, and review other relevant evidence.
   Following this preliminary investigation, which shall be concluded within thirty (30) calendar days of the filing of the complaint, the chief student affairs officer or designee (the student judicial affairs officer) shall take one of the following actions:
   1. dismiss the matter if there is no basis for the allegation(s) or the allegation(s) does not warrant disciplinary actions.
      The individuals involved shall be notified that the complaint has been dismissed;
   2. refer the matter to conciliation. If a matter is referred to conciliation the accused student shall receive a copy of the notice required pursuant to section 15.3e of this bylaw; or
   3. prefer formal disciplinary charges.

Conciliation Conference:

3. The conciliation conference shall be conducted by the counselor in the office of the dean of students or a qualified staff or faculty member designated by the chief student affairs officer.
   The following procedures shall be in effect at this conference:
   1. An effort will be made to resolve the matter by mutual agreement.
   2. If an agreement is reached, the counselor shall report his/her recommendation to the chief student affairs officer for approval and, if approved, the complainant shall be notified.
   3. If no agreement is reached, or if the student fails to appear, the counselor shall refer the matter back to the chief student affairs officer who will prefer disciplinary charges.
   4. The counselor is precluded from testifying in a college hearing regarding information received during the conciliation conference.

Notice of Hearing and Charges:

4. Notice of the charge(s) and of the time and place of the hearing shall be personally delivered or sent by the chief student affairs officer of the college to the student at the address appearing on the records of the college, by registered or certified mail and by regular mail. The hearing shall be scheduled within a reasonable time following the filing of the charges or the conciliation conference. Notice of at least five business days shall be given to the student in advance of the hearing unless the student consents to an earlier hearing.
5. The notice shall contain the following:
   1. A complete and itemized statement of the charge(s) being brought against the student including the rule, bylaw or regulation he/she is charged with violating, and the possible penalties for such violation
   2. A statement that the student has the following rights:
      1. to present his/her side of the story;
      2. to present witnesses and evidence on his/her behalf;
      3. to cross examine witnesses presenting evidence against the student;
      4. to remain silent without assumption of guilt; and
      5. to be represented by legal counsel or an advisor at the student’s expense.
   3. A warning that anything the student says may be used against him/her at a non-college hearing.