Student Code of Conduct

Student Code of Conduct

General Expectations

All students who apply to and register at Seminole State College agree to abide by all regulations, as published in the College Catalog, the Student Handbook and other College publications, as well as federal, state and local laws and this Code. Student groups and organizations may be held responsible for the actions of its members, including violations of this Code by those associated with the group or organization or of the group’s or organization’s leaders or officers.

By enrolling in Seminole State College, students assume increased responsibility for accountability to the greater college community and are expected to be civil. “When we are civil, we are members in good standing of a community. We are good neighbors and good citizens." Seminole State College is a diverse learning community. We strive to maintain an atmosphere of mutual respect and civility, self-restraint, concern for others and academic integrity. By choosing to enroll at Seminole State College, it is expected that you will:

• Act with personal integrity and honesty
• Treat your fellow students, faculty and staff respectfully
• Embrace diversity and inclusion in the college community we serve
• Refrain from participating in acts of intolerance
• Communicate and act in a way that does not provoke, harass, intimidate or harm another.

The College expects students to be mature and responsible citizens, at all times and in all places. Students are expected to respect the rights and welfare of other members of the College community, including faculty, staff, students, and guests of the College.

This College recognizes that a thoughtful and reasoned search for truth can be conducted only in an atmosphere that is free of intimidation and coercion. Students are expected to critically examine, analyze and otherwise evaluate the College, its programs, policies and procedures, utilizing processes that appeal to reason and do not compromise the academic mission, climate or integrity of the institution. Disruptive behavior, including, but not limited to, violence, the threat of violence, disruption to the learning process and intimidation are unacceptable to the College community. Seminole State College reserves the right to determine when the Code of Conduct and its policies and procedures have been violated and to administer disciplinary actions. Students are expected to assume full responsibility and will be held accountable, according to the Student Code of Conduct, for their individual or collective actions. Any student whose conduct or dress, whether on or off campus, at any time is in violation of the law, or is disruptive to the College, may be subject to disciplinary action, including, but not limited to, probation, suspension and dismissal. Proceedings of the investigation of each case and the action taken will be officially recorded.

Authority

The Vice President of Student Affairs is responsible for administering student discipline. The Deans of Students are the Student Conduct Officers and have primary responsibility for the administration of student discipline, including the investigation of alleged student violations of the College's Student Code of Conduct. The Dean of the School of Academic Foundations (Adult Education) is the delegated authority to serve as the Student Conduct Officer of Academic Foundations at all sites. Alleged violations of student regulations or other student misconduct shall be referred to the Student Conduct Officer or other designee as a representative of the Vice President for Student Affairs. The Student Conduct Officer or designee will investigate the charges submitted and may require that the violation be presented in writing. The Student Conduct Officer will conduct an initial inquiry to determine the basis for the alleged violation. The College will abide by all Florida Statutes and Florida Board rules applicable to student discipline. Due process, as addressed in College Procedure 1.220, shall be provided to ensure that students receive fair and equitable treatment and are clearly aware of their rights and responsibilities under this procedure.

Specific Requirements

1. Academic Integrity and Behavior in the Learning Environment (i.e. classrooms, libraries, tutoring and testing centers, co-op and internship assignments, college-related travel etc.):

• As members of the College community, students are expected to be honest in all of their academic coursework and activities. Academic dishonesty, (cheating on examinations, course assignments or projects, plagiarism, misrepresentation and the unauthorized possession of examination or course-related materials) is prohibited.

• Plagiarism is unacceptable to the College community. Academic work that is submitted by students is assumed to be the result of their own thought, research or self-expression. When students borrow ideas, wording or organization from another source, they are expected to acknowledge that fact in an appropriate manner. Sanction(s) 2, 4 and 5 may apply*
• Faculty members may take action in cases of academic dishonesty such as denial of credit or assigning a grade of "F" on a specific assignment, examination or project, or assigning a grade of "F" for the course.
• Any student who shares his or her work for the purpose of cheating on class assignments or tests or who helps another to cheat or plagiarize is subject to the same penalties as the student who commits the act.
• Primary responsibility for managing the classroom environment and addressing academic dishonesty and classroom behavior rests with the faculty member. Faculty members are authorized to define, communicate, and enforce appropriate standards of behavior in classrooms, offices and other instructional areas under their supervision.
• For resolution of student academic concerns, including grade appeals, please reference College Procedure 4.0300.
• Students who engage in any uncivil, prohibited or unlawful acts that result in disruption of a class may be directed by the faculty member to leave the class for the remainder of the class period.
• Suspensions from class (or the learning environment), or dismissal on disciplinary grounds are student conduct matters that must first be referred to the Student Conduct Officer for investigation, determination and action.
• Faculty members who have addressed incidents of academic dishonesty and classroom behavior may refer incidents disruptive to the learning environment to the Student Conduct Officer for disciplinary review and action. Therefore, students may be subject to academic sanctions imposed by the faculty member according to his or her academic professional judgment and disciplinary sanctions imposed by the Student Conduct Officer in accord with this procedure.
• Students may be subject to further sanctions imposed by the Student Conduct Officer such as disciplinary probation, suspension or dismissal from the College.
• Sanction(s) 2, 4 and 5 may apply*.
• Intentional obstruction or disruption of teaching, research or lab activities is prohibited.
• Sanction(s) 1,2, 3, 4, 5 and 6 may apply*.

2. Aiding, Solicitation and Attempt

A person is in violation of this procedure if he or she:

• Intentionally aids or abets another in the commission of any offense(s) mentioned in this procedure;
• Requests, hires, encourages, or otherwise solicits another person to commit any offense mentioned in this Code, either intending that the other person commit the offense or with the knowledge that the other person intends to commit the offense; or
• Attempts to commit any offense mentioned in this Code
• Sanction(s) 1,2, 3, 4, 5 and 6 may apply*.

3. Adjudicated Violations of State or Federal Law:

The College disciplinary process is an educational process. Therefore, additional sanctions may be imposed under the Student Code of Conduct. Any adjudicated violations of Florida or federal criminal statutes may result in disciplinary action by the College. The College shall enforce the provisions of Section 1006.62, Florida Statutes.

Sanction(s) 2, 3, 4 and 5 may apply.

4. Alcohol:

The possession, use or consumption of alcohol is prohibited on College premises and at College functions without the specific written permission of the President. Any student whose behavior becomes unacceptable or disruptive because of being under the influence on any of the College’s campuses or at any College-sponsored event off campus will be subject to discipline. Any student who is suspended for alcohol-related violations can apply for readmission only after successfully completing a certified alcohol abuse program and at least one semester of suspension.

Sanction 4 may apply.

5. Arson

No person shall set a fire in College buildings or for the purpose of destroying College property or property of any other person.

Sanction 5 may apply.

6. Computer Abuse:

College information technology is to be used in a lawful and ethical manner for College related purposes only, in compliance with international, federal, state and local law, the State Board of Education Rules, and the policies and procedures of the College.

All users are expected to conduct themselves in a manner that reflects respect for the rights of others and protects the integrity of data, equipment, software licenses and other contractual agreements governing information technology.

Violations of the College’s computer use policy (Policy 1.140) include, but are not limited, to:

a. Use of College information technology to break any international, federal, state or local law or to aid in any crime.

b. Use of College information technology for commercial purposes or personal profit.

c. Use inconsistent with the College's sexual harassment policy; creating, viewing, printing, storing, transmitting or publicly displaying obscene, defaming, slanderous, harassing, or offensive data (including sound, video, text and graphics data).

d. Circumventing established College software security procedures or obtaining systems access and passwords to which one is not entitled.

e. Unauthorized alteration or removal of College hardware security systems.

f. Unauthorized modifications to College hardware or software.

g. Unauthorized access, alteration or destruction of another employee's data, programs or electronic mail.

h. Connecting or installing personal or non-College-owned information technology hardware or software to the College network without prior approval.

i. Installing non-College-owned software without prior approval and documented proof of legal licensure.

j. Use of information technology to endorse, promote, lobby or raise money for any political candidate or political organization.

k. Distribution of unwanted electronic mail or other messages or unauthorized use of any scheme (broadcast messages, chain letters, junk mail, "spamming") that may cause excessive network traffic or computing loads.

Sanction(s) 3, 4 and 5 may apply, depending on the severity of injury or loss that results.*

7. Copyright:

It is the student’s responsibility to abide by all copyright laws and regulations, which are available at www.seminolestate.edu/library/services/copyright/ and in the copyright basics fair use document at www.copyright.com/Services/copyrightoncampus/basics/fairuse_list.html

The copyright protections normally associated with print also govern the use of electronic environment in the use of audio, video, images and text on the Internet Unauthorized peer-to-peer file sharing of copyrighted material, distribution of others’ copyrighted works and illegal downloading violate federal copyright law. Because it is easy for the computer user to copy and use images, text, video and other graphics that are likely to be protected by copyright, it is essential to become familiar with uses for educational media It is important to note that a document may be copyrighted even if it does not explicitly state that it is copyrighted. As a result, it is best to assume materials such as documents, images or video clips are copyrighted. Ask permission and state a source when using others' materials.

8. Damage:

Intentional damage to College property or premises, or the property of a member of the College community, or littering on College property is prohibited.

Sanction(s) 1, 2, 3, 4, 5 and 6 may apply.*

9. Dishonesty:

Dishonesty, including, but not limited to, nonacademic cheating or knowingly furnishing false information, is prohibited.

Sanction(s) 2, 3, 4 and 5 may apply.*

10. Dress:

Students are expected to dress in a manner conducive to a collegiate learning environment while on campus and at all College-sponsored activities off campus. Wearing styles or articles of clothes that cause disruption of the learning environment is discouraged.

Sanction(s) 1, 2 and 4 may apply.*

11. Drugs:

To possess, buy, sell, use or keep illegal drugs or illegal drug paraphernalia is prohibited. Students who abuse drugs on any of the College’s campuses or at any college-sponsored events off campus will be subject to disciplinary sanction. Those students who are suspended for drug-related violations can apply for readmission only after participating in a drug abuse program and completing at least one semester of suspension.

Any student who sells or manufactures illegal drugs on any of the College’s campuses or at any off campus, College-sponsored event will be subject to dismissal. That student can apply for readmission only after completing one full year of dismissal. Readmission will be granted to suspended or dismissed students only after they provide evidence that they have completed a certified drug rehabilitation program or completed treatment with a certified substance abuse treatment professional who attests to them now being drug free.

The College has the responsibility to refer, for prosecution, anyone engaging in illegal drug or controlled substance activity on the College’s campuses or at any of the College’s events. The College shall enforce the provisions of Florida Statutes chapter 893 (Drug Abuse Prevention and Control).
Sanction(s) 4 and 5 may apply.*

12. Duplication of College Keys:

Duplication of College keys is prohibited.

Sanction(s) 1, 2, 3, 4 and 5 may apply.*

13. Failure to Comply:

Failure to comply with published College policies or with directions of College officials who are authorized and acting in the performance of their duties is prohibited. Repeated violations of this requirement may subject the student to dismissal.

Sanction(s) 1, 2, 4, 5 and 6 may apply.*

14. Firearms and Lethal Weapons:

Florida law prohibits the possession or use of firearms or other lethal weapons on campus, except as specified for students who are attending a law enforcement course. The possession or use of such weapons on College property is a violation of state law and will be subject to disciplinary sanction. Sanction(s) 4 and 5 may apply.*

15. Fire Equipment:

No person shall tamper with fire equipment nor use such equipment for reasons other than the prevention or control of fire; or falsely report a fire, interfere in any way with emergency services or procedures, or fail to conform to established safety regulations.

Sanction(s) 4 and 5 may apply.*

16. Fireworks, Explosive Chemicals, and other Incendiary Devices:

Unauthorized use or possession of fireworks or explosive chemicals on College premises or at College-sponsored activities is prohibited.

Sanction(s) 4 and 5 may apply.

17. Fraud:

Fraud, forgery, alteration or unauthorized use of documents, College records or instruments of identification, with the intent to defraud or deceive, is prohibited.

Sanction(s) 2, 3, 4 and 5 may apply.*

18. Gambling:

Gambling or other illegal or unauthorized games or contests of chance are not permitted on College premises or at any College-sponsored events held off campus.

Sanction(s) 2,4 and 5 may apply.*

19. Guests:

Students will be held fully responsible for the behavior of their guests, specifically for damage to property on College premises.

Sanction(s) 1, 2, 3, 4, 5 and 6 may apply, depending on the severity of the behavior of the guest.*

20. Harassment: (Sexual)

Sexual harassment is defined as unwelcome sexual advance, requests for sexual favors, and other verbal, non-verbal, written and/or electronic communication or physical conduct of a sexual nature when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic status;

b. Submission to or rejection of such conduct by an individual is used as a basis for employment or academic decisions affecting such individual; or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic environment.

Sanction(s) 1, 2, 4, 5 and 6 may apply.*

Repeated violations of any of these criteria may subject the student to dismissal.

In the event a student feels that he/she has been the victim of some form of harassment, that individual should discuss the incident with any Student Conduct Officer or the Equity Officer. Complaint procedures, located in the Procedures Manual, are available from supervisors, or the Equity Officer or at http://www.seminolestate.edu/policies-procedures/procedures/personnel/2.1800.htm.

College Equity Officers:

Employees/Job Applicants

Associate Vice President, Human Resources

100 Weldon Blvd.

Sanford, FL 32773

407.708.2170

Students/Applicants for Admission

Associate Vice President, Student Development

100 Weldon Blvd.

Sanford, FL 32773

407.708.2890

21. Harassment (Discriminatory):

Harassment is unwelcome conduct that is so severe, pervasive and objectively offensive that it effectively bars the victim’s equal access to educational resources, opportunities or benefits.

Prohibited harassment of a student is physical, verbal, or nonverbal conduct based on the student’s race, color, religion, gender, national origin, disability, age, sexual orientation or any other basis prohibited by law [or College policy] that is so severe, persistent or pervasive that a reasonable person would find that conduct:

a. Affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment;

b. Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; or

c. Otherwise adversely affects the student’s educational opportunities.

Sanction(s) 4, 5 and 6 may apply.*

Repeated violations of these criteria may subject the student to dismissal.

22.  Hate Crimes

• Per federal Public Law # 103-322A,  a hate crime is “a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person."

Sanction(s) 2,3,4 5, and 6 may apply.*

 23. Hazing:

• Students or other persons associated with the College or College’s clubs and/or organizations are prohibited from engaging in any activity that can be described as hazing. "Hazing" is any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes including, but not limited to, initiation or admission into or affiliation with any organization operating under the sanction of a postsecondary institution. "Hazing" includes, but is not limited to, pressuring or coercing the student into violating state or federal law, any brutality of a physical nature, such as whipping, beating, branding, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or other forced physical activity that could adversely affect the physical health or safety of the student, and also includes any activity that would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that could result in extreme embarrassment, humiliation or other forced activity that could adversely affect the mental health or dignity of the student. Hazing does not include customary athletic events or other similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective.
• All College organizations are required to include the above anti-hazing rule in the bylaws of such organizations, and any club or organization violating the hazing rule, on or off campus, will have its charter revoked and will not be permitted to operate on the College’s property or to otherwise operate under the sanction of the College.
• Any student acting as an individual who violates the above rule on or off campus will be subject to probation, suspension or dismissal. Penalties recommended for violations of this rule by individual students will be based on whether a hazing violation is "major" or "minor" in scope. In determining whether a hazing violation is “minor" or "major" in scope, the primary consideration will be the presence of or potential for serious physical or emotional harm to the victim of the hazing as determined by the Student Conduct Officer or designee assigned to investigate and alleged violation.

Sanction(s) 2, 4, 5 and 6 may apply.*

24. Identification of Individuals:

No person shall permit others to use his or her College identification card or refuse to provide his or her name and show appropriate identification to a College official performing his or her duty.

Sanction(s) 1, 2, 3, 4, 5 and 6 may apply, depending on the severity of the behavior.*

25. Identity Theft:

Any form of identity theft or unauthorized acquisition or use of another’s personal information or identification is prohibited.

Sanction(s) 1, 2, 3, 4, 5 and 6 may apply, depending on the severity of the behavior.

26. Physical Abuse:

Physical abuse of any person on College premises or at College-sponsored events or functions, or conduct that threatens or endangers the health or safety of any such person is prohibited.

Sanction(s) 4, 5 and 6 may apply.*

27. Sexual Misconduct:

Any sexual act that occurs without the consent of the victim, or that occurs when the victim is unable to give consent.Obscene or indecent behavior, which includes, but is not limited to, exposure of one’s sexual organs or the display of sexual behavior that would reasonably be offensive to others. The College will not tolerate sexual assault in any form, including attempted or acquaintance rape, exploitative behavior, obtaining sexual favors through coercion.

Sanction(s) 4 and 5 may apply.*

28. Skates, Bicycles, Mopeds, Scooters, Motorcycles and related vehicles:

Skating or skateboarding is prohibited on College property.

Sanction(s) 1, 2 and 4 may apply.*

• Vehicles and modes of transport are to be parked and stored in approved parking lot locations. Use of items listed above is not permitted inside College buildings or on College grounds. If such a vehicle or mode of transport is used inside a building or on College grounds, or causes damage inside or outside, the owner is responsible for any damages caused by bringing any such item into a building or onto College grounds.

29. Smoking:

Underage Smoking: Students between the ages of 16 and 17 who are enrolled in the College’s programs will adhere to State statutes prohibiting smoking.

Sanction(s) 1, 2 and 4 may apply, depending on the number of repeated violations of this regulation.*

30. Soliciting:

Soliciting or canvassing for commercial purposes by any individual or group is not permitted on College premises.

Sanction(s) 1 and 2 may apply, depending on the number of repeated violations of this regulation.*

31. Theft:

Theft of College property or the property of a member of the College community on College premises is prohibited.

Sanction(s) 3, 4 and 5 may apply, depending on the severity of injury or loss that results.*

32. Threats and Intimidation:

• Verbal, non-verbal, written or other communication that a reasonable person would find reflects intention to instill fear of physical or psychological harm, is prohibited.

• Use of obscene or abusive language, or offensive gestures, of any kind while in class, in any college department or during any college sponsored activity or event.
• Obstructive, disorderly or belligerent behavior that is disruptive to the learning environment; Statements, photos or depictions of others that are intended to refer to a specific class of persons in a derogatory way are strictly prohibited.

Sanction(s) 1, 2, 4, 5 and 6 may apply.*

33. Unauthorized Access to Facilities:

Unauthorized access or entry to, or use of, College facilities and equipment is prohibited.

Sanction(s) 1, 2, 3, 4 and 5 may apply, depending on the severity of injury or loss that results.*

34. Unauthorized Use of College Name, Insignia or Seal:

The unauthorized use of the College's name by any person, persons and or organizations is prohibited.

Sanction(s) 1, 2, 3, 4 and 5 may apply, depending on the severity of injury or loss that results.*

35. Violation of College Regulations, Policies or Procedures:

Violating published College regulations, policies or procedures is prohibited.

Sanction(s) 1, 2, 3, 4, 5 and 6 may apply, depending on the severity of injury or loss that results.*

36. Violation of Disciplinary Sanction:

Knowingly violating terms of any disciplinary sanction imposed in accordance with College policy is prohibited.

Sanction(s) 1, 2, 3, 4 and 5 may apply, depending on the level of the current sanction.*

Sanctions are defined in the section of disciplinary procedures and student rights.

Disciplinary Procedures and Student Rights

Violations of the standards of conduct contained herein will be treated as College disciplinary matters. In certain cases or situations, the application of civil or criminal law will also apply. Significant extenuating factors will be considered when sanctions are imposed including, but not limited to, current behavior, past disciplinary record, the nature of the offense, severity of the damage and resulting injury or harm.

Disciplinary Sanctions

A disciplinary sanction is a consequence for violations of the Student Code of Conduct. Disciplinary sanctions will be determined and administered by college officials in order to encourage greater adherence to the Student Code of Conduct as well as hold violators accountable and to cultivate a safe and healthy learning environment.

A disciplinary record will be created and documented in the student’s file.

1. Warning: A written reprimand to the student indicating that repetition of said act will be cause for further disciplinary action; copies of will be placed in the College Student's Conduct files.
2. Disciplinary Probation: Placing the student(s) on notice that a repetition of this or other misbehavior will be grounds for more serious disciplinary action; this may include exclusion from certain College activities. Students currently on disciplinary probation or suspension may not hold or run for any elected or appointed positions. Student Life will consult with the Student Conduct Officer responsible for student conduct files to validate a student's eligibility. Additional conditions appropriate to the violation may be imposed.
3. Restitution: Repayment to the College or others affected for damages resulting from a violation of this Procedure.
4. Suspension: Exclusion from College premises and other privileges or activities for a period of time as set forth in the notice of suspension.
5. Dismissal: Permanent termination of student status.
6. Other: Other types of sanctions, as set forth in College regulations and consistent with the incident involved, such as a letter of apology to aggrieved parties, community service, repair of damages or mandatory attendance of an anger management seminar, etc.

Emergency Administrative Action/Temporary Suspension from Classes and College Premises

In an emergency, the College may waive, suspend, alter, or amend any policies, procedures, or guidelines to ensure the safety of students, employees, guests and the community. The decision whether to take Emergency Administrative Action is vested within the discretion of the Vice President for Student Affairs, or designee.

In cases of conduct violations, within three working days of the Emergency Administrative Action, a letter of alleged violation(s) will be provided to the student by the Vice President of Student Affairs or designee. The Student Conduct Officer handling the matter will schedule a meeting as soon as reasonably possible after the letter has been presented to the student. Pending the meeting, the Vice President of Student Affairs, or designee) can modify the conditions of the emergency administrative action.

If a student appears to pose a risk of danger to self, or danger or disruption to the community, or any individual, emergency administration action may be taken, including the removal of the individual from College premises by law enforcement. This action does not require an admission of responsibility on the part of the accused student.

Disciplinary Procedures

1. Any member of the College community may submit a formal complaint against a student alleging that a violation has taken place.
2. Alleged violations of College Policies and Procedures, or other misconduct, should be referred to the campus's student conduct officer for review and resolution. Alleged violations will be investigated by the Student Conduct Officer or designated representative.
3. The student will be notified in writing of the nature of the charges against him or her, as well as the date, time and place of the initial determination meeting with the Student Conduct Officer. The notice will also inform the student of his/her right to review evidence prior to meeting with the Student Conduct Officer.
4. After careful consideration of the facts and consultation with involved parties, the Student Conduct Officer will make a determination of whether it is more likely than not that a violation of the student code occurred.
5. If the alleged violation took place in a classroom, the Student Conduct Officer will consult with the faculty member before returning a student to the classroom and seek the faculty member’s decision in writing.
6. If the alleged violation took place outside of the classroom, the Student Conduct Officer will consult with the charging party before the student is allowed to return to the setting of the alleged violation.
7. If there is disagreement by a student, faculty member or staff member about either the decision or the sanction from the initial determination, any of the parties may request a hearing with a Disciplinary Review Committee. Parties are invited to appear at a fair and impartial hearing, present relevant evidence and witnesses on his/her behalf and have the opportunity for cross-examination. The technical rules of evidence applicable to civil and criminal cases shall not apply in disciplinary hearings. At this hearing, the student has the right to a representative of the student’s choice and any fee charged by such a representative shall be the student's responsibility. This representative may act only in an advisory capacity to the student and will not be permitted to otherwise participate in the hearing.
8. The request for a hearing with the Disciplinary Review Committee must be made in writing to the Vice President of Student Affairs or designee, within five college working days of that the initial determination was sent in order for the hearing to be granted.The Disciplinary Review Committee will consist of a different Student Conduct Officer, a professional staff member from Student Affairs, an Associate Dean (the faculty member’s Associate Dean if the complainant is a faculty member.) and two additional Associate Deans or Faculty Members previously approved by the Vice President of Academic Affairs and who are trained in student conduct proceedings. A Student Government Association representative may be present in an ex officio capacity. The Disciplinary Review Committee will engage in consultation and collectively make the determination of whether the Code was violated and the appropriate sanction. Students will not be returned to the classroom until the institutional sanction is determined. Following the hearing and determination of sanction, the student will be notified of the official decision based on the findings of fact, the alleged violation(s) and the degree of disciplinary action or sanctions (if any) in writing within 2-4 business days following the hearing. Students may appeal the decision of the Student Conduct Officer.

Appeals

Student appeals of a faculty member’s action are to be addressed according to Procedure 4.0300, Student Academic Concerns and Grade Appeals. Student appeals of Disciplinary Review Committee’s action are to be addressed according to steps outlined in this procedure:

1. The appeal must be made in writing within five college working days after notification of judicial sanction(s) is sent to the student’s address that is available in the College’s database. The appeal must be sent to the Vice President of Student Affairs.
2. Except as required to explain the basis of new information, an appeal will be limited to a review of the record of the Discipline Review Committee hearing and supporting documents for one or more of the following purposes:

a. To determine whether the Disciplinary Review Committee Hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the Student Code was violated, and given the Accused Student Notice and a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.

b. To determine whether the decision reached regarding the Accused Student was based on substantial competent evidence, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Student Code occurred.

c. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code which the student was found to have committed.

d. To consider newly discovered evidence, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original Disciplinary Review Committee hearing.

3.  If an appeal is denied by the Vice President of Student Affairs, the decision is final.

4. If the appeal is upheld by the Vice President of Student Affairs (or designee), the matter shall be returned to the original Disciplinary Review Committee for re-opening of the Disciplinary Review Committee hearing to allow reconsideration of the original determination and/or sanction(s). The Disciplinary Review Committee will make its determination; the Student Conduct Officer will notify the accused and complainant parties.

5. The accused student may appeal to the Vice President of Student Affairs the second decision of the Disciplinary Review Committee based on the same criteria for appeals outlined above.

6. The decision about the second appeal by the Vice President of Student Affairs is final and shall constitute final agency action of the College.

 .........................................................................

Re-Admission After Disciplinary Suspension

Students under disciplinary suspension may re-apply after the specified time period identified in the suspension notice. A record of previous disciplinary action shall be admissible in subsequent disciplinary proceedings against the same student.