FMA(REGULATION) - DISCIPLINE AND PENALTIES: DISCIPLINE PROCEDURE
The College District's disciplinary procedures are as follows:
- When a report of alleged misconduct is received, the Office of Student Conduct will notify the student(s) involved in writing. Failure of a student to receive notification does not prevent the disciplinary process from proceeding.
- In any disciplinary proceeding, the student has the right to:
- Be notified of the alleged misconduct.
- Know the source of the allegation(s), once the proceeding is in progress.
- Know the specific alleged violation(s).
- Know the sanctions, conditions, and/or restrictions that may be imposed because of the alleged misconduct.
- Be accompanied by a representative at any student disciplinary proceeding (for advisory purposes only).
- Refrain from making any statement relevant to the allegation(s).
- Know that any statements made by the student can be used during the proceeding.
- After notice has been given to the student, the College District may conduct an administrative hearing and deliver a decision regardless of whether the student attends or fails to attend the hearing.
- The administrative hearing process will include an investigation of the allegation(s) in which both the student and source of the allegation(s) will be given equal opportunity to communicate their perspectives of the incident in question. The hearing process will be completed in a timely manner based upon the specific circumstances of each case.
- After making a determination, the Office of Student Conduct will provide written notification to the student of the decision and the sanctions, conditions, and/or restrictions to be imposed.
- The student may utilize the disciplinary appeal procedure.
Immediate Temporary Suspension
A student whose presence poses a continuing danger to persons or property, or an ongoing threat to the educational environment, may be immediately removed from the College District with loss of all College District privileges. In such incidents, a notice of administrative hearing will follow for resolution of the matter as soon as is practical.
Disciplinary Sanctions, Conditions, and Restrictions
The following educational sanctions, conditions, and/or restrictions may be assessed when a student is found responsible for misconduct. Implementation of the disciplinary sanctions, conditions, and/or restrictions will not begin until either the time for a disciplinary appeal has expired or until the disciplinary appeal process is exhausted. Potential sanctions, conditions, and/or restrictions are not limited to those listed below:
- Sanctions are defined as the primary outcome of the alleged violation(s). If found responsible, the range of sanctions includes the following:
- Written Warning—The written warning is an official written notification to the student that the action in question was misconduct.
- Disciplinary Probation—Disciplinary probation is a period of time during which a student's conduct will be observed and reviewed. The student must demonstrate the ability to comply with College District policies, rules, and/or standards and any other requirements stipulated for the probationary period.
- Deferred Disciplinary Suspension—Deferred disciplinary suspension is a period of time during which a disciplinary suspension may be deferred for a period of observation and review. Additional misconduct or failure to comply with any other requirement stipulated for the period of deferred disciplinary suspension will result in suspension.
- Disciplinary Suspension—Disciplinary suspension is a period of time during which a student is withdrawn and separated from the College District. During this time, the student may not attend class or participate in any College District-related activity, nor may the student be present on campus at any time.
- Disciplinary Expulsion—Disciplinary expulsion occurs when the student is permanently withdrawn and separated from the College District.
- A condition is defined as a secondary component of adisciplinary sanction. A condition is usually an educational or personal element that is to occur in conjunction
with the assigned sanction. Some examples of conditions include, but are not limited to:
- Personal and/or academic counseling.
- Restitution or compensation for loss, damage, or injury.
- Monetary assessment owed to the College District.
- Completion of an alcohol or drug-treatment program.
- Residence hall relocation, contract, and/or dining facility use cancellation.
- Discretionary educational conditions and/or programs of educational service to the College District and/or community.
- A restriction is defined as a secondary component of a disciplinary sanction. A restriction is usually an educational component that is to occur in conjunction with
the sanction and will be time specific. Some examples of restrictions include, but are not limited to:
- Prohibited access to College District facilities and/or prohibited direct or indirect contact with members of the College District community.
- Denial of eligibility for holding office in registered student organizations.
- Denial of participation in extracurricular activities.
- Revocation of parking privileges.
- Failure to comply with disciplinary sanctions, conditions, and/or restrictions will result in actions including, but not limited to, the following:
- Further disciplinary action.
- Additional sanctions, conditions, and/or restrictions.
- Immediate dismissal from the College District.
- Prohibition from re-enrolling in the College District.
- Having all College District records placed on hold.
- Any disciplinary sanctions, conditions, and/or restrictions may result in notification of the following:
- Registrar's office, which may make a notation regarding disciplinary status on the student's transcript.
- Any other faculty or staff member who has been determined to have an educational need to be informed of the outcome.
Violations of the alcohol and/or drug policies may result in notification of the parents/guardians of students under the age of 21.
The appeal procedures are as follows:
- Any student who has received sanctions, conditions, and/or restrictions may appeal the disciplinary decision made by the Office of Student Conduct. All appeals must be completed and submitted within three College District working days of the date the disciplinary decision is received. All appeals are to be directed to the chairperson of the Student Discipline Appeals Committee along with supporting documentation. Failure to file a written appeal within three College District working days from the date of the decision letter will render the original decision final and conclusive. The Discipline Appeals Committee will review materials relevant to the case in the written appeal.
- The student may appear before the committee with representation, which may include legal counsel. If the student's representative is an attorney, the student must notify the Office of Student Conduct at least 48 hours in advance of any meeting at which legal counsel will be present. Only the student may address the committee. At no point in the appeal process will the student or his or her representative be allowed to object to evidence, examine witnesses, or cross examine witnesses. No recording or other devices will be allowed. The chairperson will respond to the student in writing regarding the status of the requested appeal and all related decisions within five College District working days.
- If the student wishes to appeal the decision of the Discipline Appeals Committee, the student must appeal in writing to the Associate Vice Provost for Student Affairs of the College District within three College District working days of the decision of the Discipline Appeals Committee. The Associate Vice Provost for Student Affairs will review the record, but no meeting or hearing will be held. The Associate Vice Provost for Student Affairs will respond to the student in writing regarding the status of the requested appeal and all related decisions within five College District working days. The decision of the Associate Vice Provost for Student Affairs is final.
Appeals are not automatic; therefore, each level of appeal may:
- Uphold the original decision;
- Add to or increase the severity of the sanctions, conditions, and/or restrictions;
- Modify or cancel the decision or action; or
- Remand the decision or action with appropriate instructions to the next appellate hearing officer.
In cases involving immediate suspension or expulsion from the College District, the student may not attend class or any on- or off-campus event sponsored by the College District during the appeal process.
The student is not allowed on campus for any reason other than to deliver a letter of appeal. Any violation of the Student Code of Conduct, student handbook, and/or local, state, or federal laws occurring while the appellate process is ongoing will end the process, and the original decision will be upheld.