S t u d e n t H a n d b o o k : C o m p l a i n t s , G r i e v a n c e s , G r a d e A p p e a l s & C o d e o f C o n d u c t
DUE PROCESS RIGHTS OF STUDENTS
(1) Option #1: Penalty Without Hearing
In the event a student wishes to waive the right to a formal hearing or makes voluntary written confession of the allegation and waives the right to a hearing, the violation may be administratively disposed of if:
1. It is in the best interest of the college and the student concerned, and
2. The student concerned consents in writing to administrative disposition.
At a conference with the student in connection with the allegation, he/she shall be advised of his/her rights.
If a student accepts administrative disposition, he/she shall sign a statement that he/she understands the formal charges; his/her rights to a hearing, or to waive the same; the penalty imposed; and his/her waiver of the right to appeal.
In administrative disposition, the penalties imposed shall not differ from those penalties stated in Definitions of Disciplinary Actions. Once a student has been informed of his/her rights and the penalty that could be imposed should a violation be found and has knowingly and voluntarily accepted in writing the authority of the administration to impose the penalty, a student shall have waived the right to request a formal hearing.
(2) Option 2: Formal Hearing
In the event a student wishes a formal hearing:
1. Notice of the charges and their implications will be given orally or in writing prior to the hearing. 2. The list of witnesses and their expected testimony will be given to the accused student prior to the hearing or at the hearing itself. A Disciplinary Committee composed of college faculty, staff and two students will be convened to conduct the hearing. It is the duty of the Disciplinary Committee to hear all evidence presented concerning the alleged misconduct/violation. Because the college is an academic institution and not a court of law, the Disciplinary Committee is not bound by the common laws of evidence or civil procedure. Therefore, hearsay may be used during the hearing. It is the committee’s responsibility to render a fair and impartial decision from the evidence presented and to assure the student received due process in accordance with his/her constitutional rights. At the hearing, a student has the right to present his/her defense against the charges and to produce other oral testimony or written affidavits of witnesses in his/her behalf. A student may be represented by counsel. If so, the college expects the courtesy of notification. The counsel will be allowed only to advise a student and not to actively participate in the hearing. The college is not required to provide the opportunity for cross-
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