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Code of Conduct Disciplinary Process

Posted By NECC Editor On October 27, 2010 @ 1:33 pm In | Comments Disabled

The Disciplinary Process is initiated once a complaint is filed against a student by a member of the College community or by the CCO. This policy is not intended to prevent members of the College Community from attempting to resolve matters informally. Failure to cooperate with the College’s investigation of an alleged Code of Conduct violation will result in the student forfeiting his/her rights to a hearing or appeal and/or may result in disciplinary action.

  1. Disciplinary Process
    1. All complaints under the Code of Conduct shall be filed with or by the CCO.
    2. When the CCO files or receives a complaint alleging that a student has acted in a manner which may be in violation of the Code, the CCO initiates the disciplinary process by meeting with the Accused Student, putting him/her on notice of the alleged violation and providing him/her an opportunity to respond to the allegations. The CCO may conduct a further investigation if necessary.
    3. If the CCO determines that a violation exists, three procedural options are available.
      1. Verbal or Written Warnings – For low-level offenses, the CCO may issue a verbal or written warning to the Accused Student. Warnings shall not be subject to a hearing before a Judicial Board or an appeal.
      2. Administrative Disposition – Under an Administrative Disposition, the Accused Student and the CCO mutually agree upon a disciplinary remedy. By accepting the Administrative Disposition, the Accused Student waives his/her right to a hearing before the Judicial Board or an appeal.
      3. Judicial Board Hearing – When an Administrative Disposition cannot be reached, the CCO shall refer the alleged violation to the Judicial Board for a hearing. Please see Section 2 below for Judicial Board rules.
    4. Failure to cooperate with the College’s investigation of an alleged Code of Conduct violation, which includes appearing before a
      Judicial Board or College official if summoned to do so, will result in the student forfeiting his/her rights to a hearing or appeal and/
      or may result in disciplinary action.

  2. Judicial Board Hearing
    1. A hearing with the Judicial Board shall be scheduled by the CCO not later than thirty (30) days following an Accused Student’s request for a hearing.
    2. A written Statement of Charges shall be presented to the Accused Student not less than five (5) days prior to the hearing.
    3. A Judicial Board hearing is an administrative hearing. The rules of evidence do not apply.
    4. In a matter involving more that one Accused Student, the Judicial Board may permit at its discretion individual hearings for each Accused Student.
    5. The Accused Party has the right to be accompanied by any advisor of his/her own choosing and at his/her own expense. The advisor may be an attorney. An advisor’s role is limited to advising the Accused Student directly. An advisor is not permitted to participate directly in the hearing.
  3. Conduct of Hearing
    1. A hearing is normally conducted in private.
    2. There shall be a record created of all hearings. The record shall be the property of the College.
    3. All procedural questions are subject to the final decision of the Judicial Board.
    4. Admission of any person(s) to the hearing shall be at the discretion of the Judicial Board.
    5. A hearing shall proceed as follows:
      • The CCO presents the Statement of Charges on behalf of the College. The CCO may present documents, materials and/or witnesses in support of the Statement of Charges.
      • Accused Student responds to the Statement of Charges. The student may present documents, materials and/or witnesses in response to the Statement of Charges.
      • Following the parties’ presentations, the Judicial Board may question each party, their witnesses and/or review all information presented. The Judicial Board has the discretion to request additional documents, materials or information from either party.
      • While direct cross-examination by the parties is not permitted, each party will be given the opportunity to question the other by presenting questions through the Judicial Board. If the Board determines a question is relevant, the other party will be asked to respond.
      • The Board shall have a final opportunity to question the parties.
    6. After the hearing, the Judicial Board shall determine by majority vote whether the Statement of Charges has been proven.
    7. In reaching its decision, the Judicial Board shall determine whether it is more likely than not that the Accused Student violated the Code of Conduct based on the information presented.
    8. Within fifteen (15) days of the conclusion of a hearing, the Judicial Board shall issue a written decision outlining its findings and disciplinary action, if any, to the parties.
  4. Sanctions
  5. A student found in violation of the College’s Code of Conduct may be subject to one or more of the following sanctions:

    1. Verbal or Written Warning
    2. Restrictions/Loss of Privileges/Fines
    3. Community/Educational Service
    4. Restitution
    5. Probation
    6. Suspension
    7. Expulsion

    The intent of the College is to impose sanctions in a progressive manner, beginning with the least punitive sanction. However, depending on the nature and severity of a student’s violation the College reserves the right to impose any of the above-referenced sanctions at any time.

  6. Appeal
    1. Within five (5) days of receiving the Judicial Board’s decision, either the CCO or the Accused Student may appeal the Judicial Board’s decision to the College’s Appeals Officer.
    2. An appeal must be in writing and be based on a credible claim that: the hearing was not conducted in conformity with the Code of Conduct; the decision was not supported by a preponderance of the evidence presented; the sanction imposed was not appropriate in light of the Judicial Board’s decision; or new evidence exists, which was not presented at hearing because it was not reasonably known to the Accused Student at that time, and which is sufficiently relevant such that it could alter the Judicial Board’s decision.
    3. The Appeals Officer shall issue a written decision within ten (10) days of receiving the appeal. The Appeals Officer may accept, reject or modify the Judicial Board’s decision or sanction.
    4. The Appeals Officer’s decision shall be final.

Article printed from Northern Essex Community College: http://www.necc.mass.edu

URL to article: http://www.necc.mass.edu/student-services/current/policies-conduct/student-code-of-conduct-grievance-procedure/student-code-of-conduct/code-of-conduct-disciplinary-process/

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