College personnel before, during or after a proceeding; failure to comply with the sanction(s) imposed by either a hearing officer or hearing panel. Sanctions Students found responsible for violating any of the College’s policies may receive disciplinary sanctions. The fundamental principle guiding the imposition of sanctions in the student discipline system is founded in the College’s effort to balance upholding community standards with the educational development of its students in addressing individual behavior. The sanctioning regimen is designed to reestablish order while considering the common good, which sometimes necessitates the temporary or permanent removal of the offender. Mechanism within which offenders can reflect upon their actions and their impact on both themselves and restoration of the offender to good standing within the community provided the safety of the community is not jeopardized by the individuals’ presence or return. The sanctions listed below are not meant to be exhaustive. • Warning from the College • Suspension from the College • Dismissal from the College The final determination of the appropriate sanction is done by the Campus Leadership, in combination with the Board of Directors. Employees found responsible for violating the College’s policies may receive disciplinary sanctions that could include a written warning, final written warning and/or dismissal from employment depending on the specific violation of the College’s policies. The final determination for employees is decided by the Human Resources department. Sanctions for Classified Employees Classified employees found to have engaged in sexual harassment may be subject to disciplinary action in accordance with current collective bargaining agreements. If a proven incident of sexual harassment occurs, sanctions in accord with the progressive discipline concept shall be instituted, including written reprimand, suspension, reductions of pay, demotion, The College’s disciplinary process includes a prompt, fair, and impartial investigation and resolution process from the initial investigation to the final result. In all instances, the process will be conducted in a manner that is consistent with the institution’s policy and that is transparent to the accuser and the accused. Usually, the resolution of domestic violence, dating violence, sexual assault and stalking complaints are completed within 60 days of the report. However, each proceeding allows for extensions of time-frames for good cause with written notice to the accuser and the accused of the delay and the reason for the delay. College officials involved and finally, termination of service. Adjudication of Violations in the investigation or adjudication of domestic violence, dating violence, sexual assault and stalking complaints are
trained annually on the issues related to domestic violence, dating violence, sexual assault, and stalking as well as how to investigate and hearing process that protects the safety of the victim and promotes accountability. Furthermore, Sumner policy provides that: • The accuser and the accused will have timely notice for meetings at which the accuser or accused, may be present; • The accuser, the accused and appropriate officials will have timely and equal access to any information that will be used during formal and informal disciplinary investigations; The institutional disciplinary procedures will not be conducted by officials who have a conflict of interest or bias for or against the accuser or the accused; • The accuser and the accused will have the same opportunities to have others present during any institutional investigation. The accuser and the accused each have the opportunity to be advised by an advisor of their choice at any stage of the process and to be accompanied by that advisor to any related meeting or proceeding. The College will not limit the choice of advisor or presence for either the accuser or the accused in any meeting or institutional disciplinary investigation. However, the role of the advisor is limited to consulting and advising his or her advisee, but not speak for the advisee at any meeting or hearing. • The accuser and the accused will be notified simultaneously, in writing, of the initial, interim and final decision of any disciplinary proceeding; and • Where an appeal is permitted under the applicable policy, the accuser and the accused will be notified simultaneously in writing, of the procedures for the accused and the victim to appeal the result of the institutional disciplinary proceeding. When an appeal is filed, the accuser and the accused will be notified simultaneously in writing of any change to the result prior to the time that it becomes final as well as of the final result once the appeal is resolved. Whether or not criminal charges are filed, the College or a person may file a complaint under the following policies, depending upon the status of the accused (student or employee). If Sumner College knows or reasonably should know of sexual harassment, to include sexual violence, Sumner College has a duty to investigate. Consequently, whether a victim chooses to cooperate or not should not be the deciding factor for whether or not disciplinary charges are brought against an accused party. If an investigation determines that it is more likely than not that the institution’s sexual misconduct policy was violated, then Sumner College may assume the role of the complainant. Types of disciplinary proceedings... ...unitized in cases of alleged domestic violence dating violence, sexual assault & stalking
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