Student Rights and Responsibilities Relating to Student Conduct
The right to a timely written notice that includes the allegations to be investigated, the citation to the specific provision of the code of conduct at issue, the process to be used in determining whether a violation has occurred and associated rights, and the date, time, and location of the disciplinary proceeding. The written notice will be sent to the student’s College email address seven (7) business days before the Student Conduct Conference.
The right to timely notice that includes a listing of all known witnesses that have provided, or will provide, information against the student and all known information relating to the allegation, including information that supports the allegation and evidence that supports the responding party. This information will be provided five (5) business days in advance of the Student Conduct Conference.
The right to a presumption that no violation occurred. The institution has the burden to prove, by a preponderance of the evidence, that a violation has taken place.
Both parties have the right to an impartial hearing officer.
Both parties have the right to present relevant information and question witnesses through the Student Conduct Committee Chair. It is the responding party’s responsibility to prepare their defense.
Both parties have the right to have an advisor, advocate, or legal representative, at the student's own expense, present at any proceeding, whether formal or informal. Such person may directly participate in all aspects of the proceeding, including the presentation of relevant information and questioning of witnesses. This advisor or advocate may not serve in any other role, including as an investigator, decider of fact, hearing officer, member of a Student Conduct Committee or panel convened to hear or decide the charge, or any appeal.
Both parties have the right to an accurate and complete record of every disciplinary proceeding relating to the charged violation of the code, including record of any appeal, to be made, preserved, and available for copying upon request by the charged student. The College reserves the right to make a recording and will notify all parties at the beginning of the hearing.
All hearings are only open to those involved as determined by the dean or designee and or the chairperson.
Hearings may be provided in person or via electronic means if approved by the dean or designee.
Failure to appear or refusal to testify or to answer questions in the course of the hearing shall not be regarded as admission of responsibility. Should the responding party choose to direct questions to the witnesses or otherwise pursue a defense, this will not equate to forfeiture of their right to remain silent provided that the responding party does not offer personal testimony in defense. Any personal testimony offered may be considered by the committee.
Where several persons are alleged to have been involved in an incident, the dean or designee will determine if separate hearings will be held.
Pending a conduct hearing, the responding party will be permitted to attend class and otherwise participate in college activities, except in the case of a temporary suspension.
The conduct hearing committee will determine if a violation of the student code of conduct has occurred by the preponderance of the evidence presented.
All conduct proceedings are confidential unless confidentiality is waived in writing by both parties or disclosure is required by law.
Resolution of any situation not outlined in this process will be at the discretion of the dean of student services or designee.
Students requiring ADA accommodations, for the hearing, need to contact the Center for Student Accessibility.
Definition of a student conduct proceeding
A disciplinary proceeding is defined by Palm Beach State College as any meeting or conversation following the Conduct Summons which includes the presentation or discussion of allegations and/or evidence, rights of the responding party, possible charges and sanctions related to a Code of Conduct violation with the responding party until resolution of the matter.