Formal Conduct Hearing

Conduct Hearing Committee

The Student Conduct Coordinator shall initiate the formation of a Conduct Hearing Committee.

The committee shall be composed of five persons including two students and three faculty/instructor/staff. Where possible, alternates will be identified. Faculty/instructors, staff and students who are directly involved in the case or have an affiliation may not serve on the committee. The Dean of Student Services or designee shall select one of the committee members to serve as chairperson. All members serving on the hearing committee will be required to sign a confidentiality agreement.

The hearing packet will be made available to committee members to view at least two (2) business days in advance of the hearing and a hard copy packet with be provided the day of the hearing.

Chairperson's Duties

1. Calls the hearing to order and introduce all parties present.
2. Explains the manner in which the hearing will be conducted.
3. Reads the charges being considered.
4. Maintains proper decorum and order, dismissing any person who impedes or threatens to impede a fair and orderly hearing.
5. Ensures the committee adheres to standards of confidentiality as provided for in state and federal law (i.e., Family Educational Rights and Privacy Act).
6. Ensures both parties have the opportunity to testify and present evidence and witnesses on their behalf.
7. Facilitates cross-examination for both parties’ hearing advisors.
8. Ensures all available relevant evidence is presented and that the decision is based solely upon the evidence and any testimony given at the hearing.
9. The committee chairperson is a neutral party and shall facilitate the hearing process, only voting in the case of a tie, the chairperson may call a recess at their discretion.
10. The chairperson may call a recess at their discretion or at the request of either party.

Hearing Process

• Opening remarks will be given by the chairperson detailing the procedure and rules of the hearing the chairperson will also read the notice of violation.
• The Dean or designee will present reports, results from investigations and witnesses regarding the alleged violations.
• The responding party will present their perspective including any witnesses, reports, or documentation.
• Any witnesses can be recalled, if available, by either party or the committee chairperson.
• A summary statement will be given by each side.
• At the end of the fact-finding portion of the hearing, the participants will be excused, and in closed session, a decision will be rendered by a majority vote of the committee.

NOTE: In cases involving a Title IX Sexual Harassment hearing the following applies:

• If a party does not have an advisor present at the live hearing, the College will provide without fee or charge to that party, an advisor of the College's choice, to conduct cross-examinations on behalf of that party.
• Each party will be asked to present their perspective including any witnesses, reports, or documentation.

Committee Deliberation

The process for determining the outcome of the hearing involves a review of the documentation, consideration of testimony, and a vote. The committee will decide the matter based on the greater weight of the evidence presented to determine whether a violation of the Student Code of Conduct has occurred. The preponderance of the evidence is when it is more likely than not that the violation occurred.

• Only evidence presented at the hearing itself may be taken into account in reaching a decision.
• The committee may consider prior disciplinary actions of the responding party in determining sanctions.
• The Dean of Student Services or their designee will provide the hearing committee with any relevant information once a determination has been made.
• Findings and sanctions will be delivered by the committee chairperson to the Dean or designee, who will notify the responding party via college email within two (2) business days and in writing to the address on record within five (5) business days, of the committee’s sanctions.
• The Dean’s office will maintain findings, including any sanction to be imposed and supporting documentation.

NOTE: In cases involving a Title IX Sexual Harassment hearing the determination will include:

• the allegations constituting sexual harassment
• a timeline of the steps taken from receipt of the formal complaint through the determination
• findings of fact that support the determination
• conclusions regarding the application of the College’s code of conduct to the facts
• a statement of, and rationale for, the result as to each allegation including a determination regarding responsibility, any sanctions imposed on the responding party, and whether remedies provided for the reporting party (See list of possible sanctions in the Student Conduct section above.)
• procedures for either party on how to appeal the determination

No transcript notation will be made to the respondent’s transcript if responsibility is determined.

Appeal of the Outcome of a Hearing

If either party disagrees with the determination, an appeal may be made to the Vice President of Student Services and Enrollment Management or designee within ten (10) business days of receipt of the results of the hearing.

Grounds for appeals are as follows:

1. a procedural error occurred that significantly impacted the outcome of the hearing or sanction
2. consideration of new evidence, unavailable during the original investigation that could substantially impact the sanction (a summary of this new evidence and its potential impact must be included)
3. the sanction imposed is substantially disproportionate to the severity of the violation, and
4. either the reporting party or the responding party believes there was an abuse of discretion, conflict of interest or bias

Once an appeal is filed the other party will be notified immediately, so that party may also supply a statement to the appellate decision maker.

The Vice President of Student Services and Enrollment Management or designee shall issue a written decision within ten (10) business days of receiving the request, which may include an affirmation of the charges or an overturning of one of more charges as well affirmation of the recommended sanctions or reduced or increased sanctions. Vice President of Student Services and Enrollment Management or designee has discretion in determining whether a sufficient reason was stated for an appeal. The decision of the Vice President of Student Services and Enrollment Management or designee is final.