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The Dallas County Community College District exists to serve students and our community stakeholders. Students are important members of the College District environment. Each college of the College District supports a positive educational environment designed to encourage student completion. In order to ensure the protection of student rights and the health and safety of the college community, as well as to support the efficient operation of college programs and services, the College District has established a Student Code of Conduct. The purpose of policies about student conduct and discipline is to provide guidelines for the educational environment of the College District.
The College District views students in a holistic manner, encouraging and inviting them to learn and grow independently. Such an environment presupposes both rights and responsibilities. Every student should know his or her responsibility as a member of the College District community.
Definitions to be used in this policy, and at FM(LOCAL) and FMA(LOCAL), are as follows:
Each student and student organization shall be charged with notice and knowledge of the contents and provisions of the College District's policies,
procedures, and regulations concerning student conduct, and shall be expected to abide by those policies, procedures, and regulations. In cases of noncompliance with the Student Code of Conduct, the college may impose discipline that is consistent with the impact of the offense on the College District community. The College District reserves the right to pursue criminal and/or civil action where warranted. Unfamiliarity with these policies and procedures shall not excuse a violation of the Student Code of Conduct.
All students shall obey the law, show respect for properly constituted authority, and observe correct standards of conduct. In addition to activities prohibited by law or by other published College District regulations and policies [see policies FLBA, et. seq.], the following types of behavior are expressly prohibited:
Any student violating this policy shall be subject to disciplinary sanctions including suspension, in accordance with policy. [See FM and FMA] A "violation" means an act or omission that is contrary to a published College District regulation or policy, including but not limited to, any violation of this Student Code of Conduct.
Repeated or aggravated violations of any provision of this code may also result in expulsion or suspension or in the imposition of such lesser penalties as are appropriate.
Interpretation of Regulations: Disciplinary regulations for the College District are set forth in writing in order to give students general notice of prohibited conduct. The regulations should be read broadly and are not designed to define misconduct in exhaustive terms.
Inherent Authority: The College District reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community.
Students are asked to assume positions of responsibility in the college judicial system in order that they might contribute their skills and insights to the resolution of disciplinary cases. Final authority in disciplinary matters, however, is vested in the Brookhaven College administration and in the DCCCD Board of Trustees.
All students are entitled to fair and equitable proceedings in determining whether a violation of College District policy occurred. An investigation may include, but is not limited to, conducting interviews, reviewing student records, and gathering and examining other relevant documents or evidence. Formal rules of evidence shall not be applicable, nor shall deviations from prescribed procedures necessarily invalidate a decision or proceeding, unless significant prejudice to a respondent, complainant, if any, and/or the College District may result.
Students may be accountable to both civil and criminal authorities and to the College District for acts that constitute violations of law and this code. College District disciplinary action with respect to any act or omission on the part of the student shall proceed during the pendency of criminal or civil proceedings and shall not be subject to challenge on the ground that criminal or civil charges involving the same incident have been dismissed or reduced. Students who participate in a college course at any College District location, off-site or through distance learning, shall be subject to the Student Code of Conduct.
When the Designated Administrator (DA) directly responsible for student affairs or discipline receives information that a student has allegedly violated a published college regulation or policy, the DA or a designated investigator shall investigate the alleged violation, which may, but is not required to, include a discussion with a student. [See FLB(LOCAL)]
In the event of an allegation of sexual misconduct, the DA shall coordinate with the College Title IX coordinator and the appropriate College District departments to apply the investigative, disciplinary, and disposition procedures governing sexual misconduct as set forth in College District rules and regulations. [See DIA series and FFD series]
Unless the alleged violation is grounds for suspension, a student may dispute the award of a failing grade based upon scholastic dishonesty under FLDB(LOCAL),
The student shall receive an incomplete grade until final disposition of the matter under this code.The College District reserves the right to pursue disciplinary action against a student for an alleged violation of College District regulation or policy as long as the student remains within the jurisdiction of the College District.
After completing the investigation, the DA may:
The DA will notify the complainant, if any, and the student against whom the complaint was filed (the respondent) of the disposition of the complaint.
The respondent may appeal, in writing, to the President of the College or his or her designee within five business days after disposition. The President of the College or the designee shall review the basis of the DA's decision and issue a determination within ten business days; neither the President of the College nor his or her designee shall conduct a new investigation. A student is ineligible to appeal if the penalty imposed by the DA is less than suspension.
The College District reserves the right to pursue interim remedies up to and including suspension upon receiving notice of an alleged violation of a
College District policy or regulation when there is reasonable evidence that the continued presence of the student on College District property or premises poses a substantial threat to himself or herself, others, or the stability and continuance of normal College District functions or operations. A student who is suspended on an interim basis shall be given an opportunity to appear before the college president or a designee within five business days from the effective date of the interim suspension. A hearing with the college president shall be limited to the
following issues only:
The DA shall notify a student regarding an alleged violation of this code by letter, e-mail, or personal delivery. If notice is provided by letter, the letter shall be sent by certified mail, return receipt requested, and addressed to the student at his or her last known address. If notice is provided by e-mail, the notice shall be e-mailed to the student's designated email address.
The notice shall direct a student to appear at a specific time and place not less than five business days after the date of the notice, unless the student can show good cause as prescribed below. The notice shall describe the alleged violation in general terms and cite the published college regulation or policy that is the subject of the alleged violation.
The DA has authority to impose restrictions up to and including disciplinary sanctions upon a student if the student fails, without good cause, to comply with notice to appear.
At a conference with a student in connection with an alleged violation of this code, the Designated Administrator shall provide the student with a copy of this code and discuss administrative disposition of the alleged violation.
The Designated Administrator shall prepare an accurate, written summary of each administrative disposition and send a copy to the student (and, if the student is a minor, to the parent or guardian of the student), to the director of the Brookhaven College Police Department, to the complainant, and to other appropriate officials.
The student disciplinary process may include a hearing to determine whether a violation occurred; however, a hearing is not a prerequisite for disciplinary action. In the event of an allegation of sexual misconduct, the designated administrator (DA) shall coordinate with the College Title IX coordinator and the appropriate College District departments to apply the investigative, disciplinary, and disposition procedures governing sexual misconduct as set forth in College District rules and regulations. [See DIA series and FFD series]
A hearing request must be made to the DA (or officer directly responsible for student affairs or discipline) in writing, on or before the sixth business day after the date of refusal of administrative disposition. Where the alleged violation could result in suspension or expulsion, a request for hearing shall be granted.
In all other cases, whether a request for hearing is granted shall be at the sole discretion of the DA.
If it is determined that the hearing process shall be used to determine responsibility for the violation, the matter shall be heard before a committee composed of equal numbers of students, administrators, and faculty of the college. The committee and its chair shall be appointed by the college president on a rotating basis or on the basis of availability. The committee chair will be selected from the administration or faculty.
The chair of the committee shall rule on the admissibility of evidence, motions, and objections to procedure, but a majority of the committee members may override the chair's ruling. All members of the committee are expected to attend all meetings and are eligible to vote in the hearing.
The chair shall set the date, time, and place for the hearing and may summon witnesses and require the production of documentary and other evidence.
The DA shall represent the College before the student discipline committee and present evidence to support any allegations of violations.
The committee chair shall notify the parties of the date, time, and place for the hearing by letter, e-mail, or personal delivery. If notice is provided by letter, the letter shall be sent by certified mail, return receipt requested, and addressed to the parties' last known address. If notice is provided by e-mail, the notice shall be e-mailed to the designated email address for each party. The notice shall specify a hearing date not less than five nor more than ten business days after the date of the letter. If a student is under 18 years of age, a copy of the letter shall be sent to the parents or guardian of the student.
The chairman may for good cause postpone the hearing so long as all interested parties are notified of the new hearing date, time, and place.
The notice shall include the alleged violation, the basis for the allegation, and advise the parties of their right:
A student who is alleged to have violated College District policy (the respondent) and who fails to appear after proper notice and without good cause shall be deemed to have admitted responsibility to the violation pending against the student. The committee shall impose an appropriate penalty and notify the respondent in the same manner as the notice of hearing.
Legal counsel may represent a student in a hearing where the alleged violation could result in expulsion or suspension. The role of legal counsel is limited to advising and assisting the student during the hearing. This limitation means that legal counsel shall not cross-examine witnesses, make objections, testify, or perform other similar functions generally associated with legal representation. The same limitations apply to legal counsel for the College District. Student representation by legal counsel is not permitted in a hearing where the alleged violation does not subject a student to expulsion or suspension.
Charges arising out of a single transaction or occurrence, against one or more students, may be heard together, or, upon request by one of the students-interest, separate hearings may be held.
Not later than 12:00 p.m., five full business days before the hearing date, each party to the hearing shall provide to the committee chair for disclosure to the other:
The hearing shall be conducted by the chairman who shall provide opportunities for witnesses to be heard. If a student is represented by legal counsel in a hearing where the alleged violation could result in suspension or expulsion, the College District shall also be represented by legal counsel. The limitations on the role of legal counsel as set forth at ROLE OF LEGAL COUNSEL shall be enforced.
No party to the hearing, nor his or her legal counsel, as permitted by this policy, may record a hearing proceeding. If a hearing may result in expulsion or suspension of a student, the College District shall arrange for transcription or recording of the proceedings. If a hearing will not result in expulsion or suspension of a student, recording of the hearing by any means is not permitted unless authorized by law.
Unless a party has requested and each party has affirmatively consented to a public hearing, the committee shall proceed generally as follows:
If the hearing is a public hearing, the committee shall proceed generally as follows:
Legal rules of evidence shall not apply to hearings under this code. Evidence that is commonly accepted by reasonable persons in the conduct of their affairs is admissible. Irrelevant, immaterial, and unduly repetitious evidence may be excluded.
The committee shall recognize as privileged communications between a student and a member of the professional staff of the Health Center, Advising and Counseling Center where such communications were made in the course of performance of official duties and when the matters discussed were understood by the staff member and the student to be confidential. Committee members may freely question witnesses.
The committee shall presume a student innocent of the alleged violation until there is a preponderance of evidence, presented by the Designated Administrator, that the student violated a published college regulation or policy. All evidence shall be offered to the committee during the hearing.
A student defendant may choose not to testify against himself or herself. The committee will make a determination based on the evidence presented.
The hearing record shall include: a copy of the notice of hearing; all documentary and other evidence offered or admitted in evidence; written motions, pleas, and other materials considered by the committee; and the committee's decisions. In cases where the alleged violation could result in suspension or expulsion, the hearing record shall also include a copy of the hearing transcript or recording.
A student is entitled to submit in writing a petition for administrative review to the College President or a designee who may alter, modify, or rescind the finding of the student discipline committee and/or the penalty imposed by the committee. A student is ineligible to petition for administrative review if the penalty imposed by the committee is less than suspension or expulsion.
The College President or designee shall automatically review every penalty of suspension or expulsion. All other requests for review shall be granted at the discretion of the College President or designee. Sanctions shall not be imposed while the review is pending.
A petition for administrative review of the decision of the student discipline committee is a review of the record; it is not a new hearing.
A petition for administrative review shall contain the date of the student discipline committee's action and the basis for the petition, i.e., why the student believes such review is necessary. A student shall file his or her petition with the College President or his or her designee on or before the third business day after the date the student discipline committee issued the penalty. If the College
President or designee rejects the petition, the decision is final and the action of the student discipline committee stands.
The College President or designee, in his or her review, may take any action that the student discipline committee is authorized to take; however, neither the College President nor his or her designee may increase the penalty. The College President or designee may receive written briefs and hear oral arguments during the review.
The College President or designee shall modify or set aside the finding of violation, penalty, or both, of the student discipline committee if the substantive rights of a student were prejudiced because the student discipline committee finding of facts, conclusions, or decisions were:
The DA or the student discipline committee may impose one or more of the following penalties for violation of a Board policy, college regulation, or administrative rule:
A sanction imposed at one college shall apply to all colleges of the College District.
A person commits an offense if the person:
Education Code 37.152(a), 51.936(a)
An organization commits an offense if the organization condones or encourages hazing or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing.
Education Code 37.153(a)
"Hazing" means any intentional, knowing, or reckless act, occurring on or off the campus of an educational institution by one person alone or acting with others, directed against a student, that endangers the mental or physical health or the safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are or include other students. The term includes:
"Organization" means a fraternity, sorority, association, corporation, order, society, corps, club, or service, social, or similar group, whose members are primarily students.
Education Code 37.151(5); 51.936(a)
"Student" means any person who:
The student grievance procedure is not applicable to complaints of sexual harassment. All students shall report complaints of sexual harassment informally to the Title IX Coordinator or Deputy Coordinator or to any "responsible" person or location representatives selected by the highest level administrator at the location, or formally to the Vice-Chancellor of Educational Affairs as provided in the sexual harassment procedure.
Mountain View College Designated Authority (DA)
Associate Dean of Student Success, Student Services
Student Services Building: S1053