Student Code of Conduct

​Student rights and responsibilities

PURPOSE

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

Definitions to be used in this policy, and at FM(LOCAL) and FMA(LOCAL), are as follows:

  1. "Designated administrator or DA" shall mean an administrator or the officer or officers directly responsible for student affairs in the College District. [See DNA]
  2. A "student" shall mean one who is currently enrolled in the College District. This includes credit, noncredit, and dual credit students, regardless of method of delivery. These policies and regulations shall also apply to any prospective or former student who has been accepted for admission or readmission to any component institution while he or she is on the campus of any component institution.
  3. A "complainant" is the person who makes the allegation or complaint.
  4. A "respondent" is the person against whom an allegation or complaint is made.
  5. The "Student Conduct System" includes standards of conduct established to protect the educational mission of the College District while protecting the rights and responsibilities of students. Students who are accused of violating College District standards of conduct may be referred to the "Student Conduct System" for review.
  6. "College Title IX coordinator" shall mean the College District employee responsible for administering responsibilities related to and compliance with Title IX of the Education Amendments of 1972. Each college within the College District has a Title IX coordinator.
  7. "College District-sponsored activity" means any activity on or off campus that is initiated, aided, authorized, or supervised by the College District.
  8. A "college" or "institution" means the colleges of the Dallas County Community College District.
  9. "College District premises" means buildings or grounds owned, leased, operated, controlled, or supervised by the College District.
  10. "Business days" means those days the administrative offices of the College District are open for business purposes– Monday through Friday from 8:00 a.m. to 5:00 pm., excluding weekends and holidays.
  11. "Published College District regulation or policy" means standards of conduct or requirements located in the:
  1. College District catalog;
  2. Board policies and administrative procedures as may be set forth in the Dallas County Community College District Board Policy Manual or any amendment thereof;
  3. Student handbook; or
  4. Any other official publication of the College District. As a member of the Dallas County Community College District, a student is free to take advantage of all of the educational opportunities available and to participate in all extracurricular activities sponsored by the College District for which the student is eligible. Members of the student body enjoy the same rights and privileges guaranteed to them as citizens of the United States and as residents of the state of Texas. They enjoy the same freedoms of speech and peaceable assembly as all citizens. However, by virtue of their membership in the college community, students are under certain legal obligations in the exercise of those freedoms.

RESPONSIBILITIES

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:

  1. Intentionally causing physical harm to any person on College District property or premises or at College District-sponsored activities, or intentionally or recklessly causing reasonable apprehension of such harm.
  2. Except as may be permitted in any published College District regulations or policies or by applicable state laws, unauthorized use, possession, or storage of any weapon on College District property or premises or at College District sponsored activities. This includes but is not limited to firearms, tasers, stun guns, explosives, other weapons, dangerous chemicals, or improper use of fire extinguishers on College District property or premises.
  3. Intentionally initiating or causing to be initiated any false report, warning, or threat of fire, explosion, or other emergency on College District property or premises or at College District-sponsored activities.
  4. Obstruction or disruption of teaching, lecturing, research, administration, disciplinary procedures, or other authorized activities on College District property or premises. Interference with the proper educational functions and the appropriate educational climate of the College District, including aiding and abetting another to breach the peace on College District-owned or controlled property or premises, at functions sponsored/ supervised by the College District, or off-campus conduct that adversely affects the College District community and/or the pursuit of the objectives. Such activity includes, but is not limited to, behavior in the classroom or instructional program that interferes with the instructor's or presenter's ability to conduct the class or program or the ability of others to benefit from the class or program.
  5. Intentionally interfering with College District-sponsored activities, including but not limited to, studying, teaching, conducting research, duties of the College District administration, or fire, security, or emergency services.
  6. Knowingly violating the terms of any disciplinary sanction imposed in accordance with College District policies, regulations, and procedures.
  7. Intentionally or maliciously furnishing false information to the College District. Forgery, unauthorized alteration, or unauthorized use of any College District document or instrument of identification. Making possessing, submitting, or using any falsified college document or record; or altering any college document or record, including identification cards. Attempted or actual financial aid fraud or corresponding behaviors that would allow a student to receive monetary benefit for which he or she is not eligible. Altering any College District document or record without permission is expressly prohibited, including, but not limited to, furnishing false personal or student organization registration information, withholding material information from the College District processes or procedures, or any other type of fraudulent act involving documentation provided to or for the College District.
  8. Sexual misconduct, which includes, but is not limited to, the following offenses: gender-based or sexual discrimination or harassment, nonconsensual sexual intercourse (or attempts to commit same), nonconsensual sexual contact (or attempts to commit same), sexual exploitation, relationship violence, or other conduct that threatens the health and safety of any person on the basis of actual, expressed, or perceived gender identity. In the event of an allegation of sexual misconduct, the DA will 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]
  9. Unauthorized use of computer hardware or software or violation of the College District Technology Resources policy [see CR(LOCAL)]. 
  10. Scholastic dishonesty shall constitute a violation of these rules and regulations and is punishable as prescribed by Board policies. Scholastic dishonesty shall include, but is not limited to, cheating on a test or other coursework as assigned, plagiarism, and collusion. "Cheating on a test" shall include, but is not limited to:
    1. All forms of academic dishonesty, including but not limited to cheating, fabrication, facilitating academic dishonesty, plagiarism, and collusion
    2. Copying from another student's test paper.
    3. Using test materials not authorized by the person administering the test.
    4. Collaborating with or seeking aid from another student, technological aid or electronic resource, during a test without permission from the test administrator.
    5. Knowingly using, buying, selling, stealing, or soliciting, in whole or in part, the contents of an unadministered test.
    6. The unauthorized transporting or removal, in whole or in part, of the contents of the unadministered test.
    7. Substituting for another student, or permitting another student to substitute for one's self, to take a test.
    8. Bribing another person to obtain an unadministered test or information about an unadministered test.
    9. "Plagiarism" shall be defined as the appropriating, buying, receiving as a gift, or obtaining by any means another's work and the unacknowledged submission or incorporation of it in one's own written work. "Collusion" shall be defined as the unauthorized collaboration with another person in preparing written work for fulfillment of course requirements.
  11. Intentionally and substantially interfering with the freedom of expression or association of others on College District property or premises or at College District-sponsored activities.
  12. Theft of property or of services on College District property or premises or at College District-sponsored activities or being in possession of stolen property on College District property or premises or at College District sponsored activities. Sale, possession, or misappropriation of any property without the owner's permission is also prohibited.
  13. Intentionally or recklessly destroying or damaging College District property or premises or property of others while on College District premises or at College District-sponsored activities.
  14. Failure to comply with the direction of College District employees or officials, including but not limited to, college police or campus security/safety officers, and instructors or administrators, acting in performance of their duties. Students are required to produce identification for a college official when asked.
  15. Violation of published College District regulations or policies. Such regulations or policies include, but are not limited to, those relating to entry and use of College District facilities, use of vehicles and media equipment, campus demonstrations, misuse of identification cards, and all forms of smoking.
  16. Use, possession, distribution, manufacture, possession for purposes of distribution, or sale of any controlled substance or illegal drug on College District property or premises or at College District-sponsored activities, or being under the influence of marijuana, heroin, or narcotics or other controlled substances or illegal drugs, or alcohol, except as expressly permitted by federal or state law or College District policy or regulations, on College District property, premises, or at College District-sponsored activities.
  17. Use or possession of an alcoholic beverage on College District property or premises, with the exception of a specific beverage-related course within a College District-sponsored course of study; a course that requires the use of alcohol and is approved by the Texas Commission on Law Enforcement (TCOLE); or any College District-sponsored program or event when service of alcoholic beverages is permitted by College District policy or regulation.
  18. Nonpayment or failure to pay any debt owed to the College District with intent to defraud. (Appropriate personnel at the College District location may be designated by College District officials to notify students of dishonored checks, library fines, nonpayment of loans, and similar debts. Such personnel may temporarily block admission or readmission of a student until the matter is resolved. If the matter is not settled within a reasonable time, such personnel shall refer the matter to the DA for appropriate action under this code. Such referral does not prevent or suspend proceeding with other appropriate civil or criminal remedies by College District personnel.)
  19. Bullying, harassment, and conduct or expression (verbal or written) that threatens or endangers the health or safety of any person. Cyberbullying, which is willful harassment and/or intimidation of a person through the use of digital technologies, including but not limited to, e-mail, blogs, texting, social websites, chat rooms, "sexting," instant messaging, recording another person without his or her consent, and transmitting images of another person without his or her consent.
  20. Stalking another person, which, for purposes of this Code of Conduct, shall be defined as purposefully engaging in a course of conduct directed at a specific person or persons that the person engaging in such conduct knows or should know would cause a reasonable person to (a) fear for his or her safety or the safety of a third person; or (b) suffer other emotional distress. Cyberstalking, which is engaging in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of e-mail or other digital technologies, directed at or about a specific person, causing emotional distress to that person. "Course of conduct" shall mean two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens, or communicates to, or about, a person, or interferes with a person's property.
  21. Discrimination, harassment, and offense conduct against any person, student, or staff member on the basis of race, creed, sex, age, marital status, religion, disability, national origin, gender identification, or sexual orientation.
  22. Retaliation or retaliatory harassment, which is any adverse action taken against a person because of the person's participation in a complaint or investigation of a complaint.
  23. Engaging in hazing, which, for the purposes of this Code of Conduct shall be defined as an act that endangers the mental or physical health or safety of a student, or that destroys or removes public or private property for the purpose of initiation, admission into, affiliation with, or as a condition of continued membership in a group organization and/or sport. No student or person associated with the Dallas County Community College District or attending a DCCCD college shall commit any act that injures, degrades, or disgraces a member of the College District community. The express or implied consent of the victim shall not be accepted as a defense for violation of this policy. Apathy or acquiescence in the presence of hazing is not a neutral act; each is a violation of the Student Code of Conduct.
  24. Unauthorized entry in or use of college facilities and/or any college property or premises, including unauthorized possession, duplication, or use of keys to any college property. Unauthorized entry into, presence in or use of college facilities, equipment, or property that has not been reserved or accessed through appropriate college officials is prohibited.
  25. The use of college resources to infringe upon copyright laws (print, digital, and Internet) is prohibited. This applies to all forms of electronic media, including but not limited to, software, electronic encyclopedias, image files, video files, and sound files.
  26. Conduct that is indecent or obscene, including:
    1. The use of any device to capture audio, video, or digital record or photograph of any person while on College District property or premises or college events where there is a reasonable expectation of privacy (i.e., restrooms, locker rooms).
    2. The storing, sharing, and/or distributing of such unauthorized records by any means.
    3. Making obscene remarks, exposing oneself in an indecent manner, urinating or defecating in public, and/or engaging in sexual activities in public places.
  27. Violation of federal, state, and local laws. Engaging in conduct that violates any municipal or county ordinance, federal, or state law.
  28. Misusing, failing to comply with, disrupting, or jeopardizing Code of Conduct procedures, sanctions/interventions, or interfering with Code of Conduct proceedings. Abuse of the Student Conduct System includes, but is not limited to:
  1. Failure to comply with an order or decision of the Student Conduct officer or hearing committee.
  2. Falsification, distortion, or misrepresentation of information.
  3. Disruption or interference with the orderly conduct of a hearing.
  4. Knowingly filing a false and/or malicious complaint.
  5. Attempting to influence or discourage an individual's participation in or use of the Student Conduct System.
  6. Attempting to influence the impartiality of a member of the Student Conduct Committee or the DA prior to, during, and/or after a proceeding.
  7. Any form of harassment (and/or intimidation) of a member of the Student Conduct Committee or a College District representative prior to, during, and/or after a proceeding.
  8. Failure to comply with the sanction(s) imposed under the
  9. Influencing or attempting to influence another person to violate or otherwise abuse the Student Conduct System.

DISCIPLINE

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.

"Aggravated violation" means a violation that resulted, or could have resulted if foreseeable, in significant damage to persons or property or that otherwise posed a substantial threat to the stability and continuance of normal College District-sponsored activities. The following sanctions may be imposed upon any student found to have violated the Student Code of Conduct:

  1. Written warning — A notice in writing to the student that the student is violating or has violated institutional regulations.
  2. Probation — A designated period of time that includes the probability of more severe disciplinary sanctions if the student is found to have violated any institutional regulation(s) during the probationary period.
  3. Loss of privilege/restriction — Denial of specified privilege or access for a designated period of time.
  4. Restitution — Reimbursement for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
  5. Discretionary sanctions — Work assignments, service to the college or community, or other related discretionary assignments. Such assignments must have the prior approval of the vice president of student services.
  6. Suspension — Separation of the student from the college for a definite period of time after which the student is eligible to return. Conditions for readmission may be specified.
  7. Removal from program of study — The student may also be subjected to disciplinary procedures set forth by specific programs with specialized admissions requirements.
  8. Expulsion — Permanent suspension of the student from the college.
 

DISCIPLINE AND PENALTIES

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.

 

STUDENT PARTICIPATION

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.

 

STANDARDS OF DUE PROCESS

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.

 

ACCOUNTABILITY

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.

 

DISCIPLINARY PROCEEDINGS INVESTIGATION, CONFERENCE AND COMPLAINT

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),

 

GRADE DISPUTE RESOLUTION

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:

  1. Dismiss the allegation for failing to allege facts sufficient to indicate that a violation of policy more likely than not occurred.
  2. Proceed administratively, which includes a notice to appear, conference, and disposition.
  3. Upon appeal, prepare a complaint based on the alleged violation for use in disciplinary hearings along with a list of witnesses and documentary evidence supporting the allegation.

 

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:

  1. The reliability of the information concerning the student's conduct, including the matter of his or her identity; and
  2. Whether the conduct and surrounding circumstances reasonably indicate that the student's continued presence on College District property or premises poses a substantial threat to himself or herself, to others, or to the stability and continuance of normal College District functions or operations.
    After the hearing, the College President or his or her designee may, at his or her sole discretion, modify the interim suspension as reasonably necessary to protect the respondent, complainant, if any, the public, and/or the College District.
    No person shall search a student's personal possessions for the purpose of enforcing this code unless the student's prior permission has been obtained or unless a law enforcement officer conducts the search as authorized by law.

 

NOTICE TO APPEAR

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.

 

DISPOSITION

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.

  1. If a student accepts the administrative disposition, the student shall sign a statement that he or she understands the charges, his or her right to a hearing or to waive same, and the penalty or penalties imposed, and that he or she waives the right to appeal. The student shall return the signed form by 5 p.m. of the first business day following issuance of the administrative disposition. Failure to return this form shall constitute a waiver of the student's right to appeal. A student is ineligible to appeal if the penalty imposed by the DA is less than suspension.
  2. If a student refuses administrative disposition of the alleged violation, such refusal shall be noted by the DA and acknowledged in writing by the student. A student refusing administrative disposition may request to pursue the disciplinary hearing process under FMA(LOCAL). 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 is at the sole discretion of the DA.
  3. Administrative disposition means:
  1. The voluntary acceptance of the penalty or penalties provided in this code.
  2. Other appropriate penalties administered by the DA.
  3. Without recourse by the student to hearing procedures provided herein.

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.

 

HEARING COMMITTEE

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.

 

NOTICE

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.

CONTENT OF NOTICE

The notice shall include the alleged violation, the basis for the allegation, and advise the parties of their right:

  1. To a private hearing, unless a party requests and each party affirmatively consents to a public hearing.
  2. To appear alone or with legal counsel if the alleged violation could subject the charged student to expulsion or suspension. The role of legal counsel is limited as provided at
  3. To have a parent or legal guardian present at the hearing.
  4. To know the identity of each witness who will testify.
  5. To cause the committee to summon witnesses and to require the production of documentary and other evidence possessed by the college or to be introduced at the hearing.
  6. To cross-examine each witness who testifies.

 

FAILURE TO COMPLY WITH NOTICE

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.

 

ROLE OF LEGAL COUNSEL

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.

 

PRELIMINARY MATTERS

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:

  1. Any documentary evidence and summaries of testimony intended to be introduced at the hearing. At the request of a party, the committee chair shall exclude any evidence at a hearing that was not disclosed at least five business days before the hearing, unless the chair determines that the evidence could not have been disclosed within that time.
  2. The name of each witness he or she wants summoned.
  3. Any objection that, if sustained by the chair of the student disciplinary committee, would prevent the hearing.
  4. The name of the legal counsel, if any, and the name of any parent or guardian, who may accompany a student.
  5. A request for a separate hearing, if applicable, and the grounds for such a request.
 

HEARING PROCEDURE

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:

  1. Persons present shall be the complainant, the Designated Administrator, and the student with a parent or guardian if desired, and legal counsel as may be permitted by this policy.
  2. Before the hearing begins, either party to the hearing may request that witnesses remain outside the hearing room.
  3. The chair of the committee shall read the complaint.
  4. The chair of the committee shall inform the parties of their rights, as stated in the notice of hearing.
  5. The Designated Administrator shall present the college's case.
  6. The respondent may present his or her defense.
  7. Each party may present rebuttal evidence and argument.
  8. The committee, by majority vote, shall determine, using a preponderance of the evidence standard, the responsibility of the student regarding the alleged violation.
  9. The committee shall state in writing each finding of a violation of a published college regulation or policy. Each committee member concurring in the finding shall sign the statement. The committee may include in the statement its reasons for the finding. The committee shall notify the student in the same manner as the notice of hearing.
  10. A determination of guilt shall be followed by a supplemental proceeding in which either party may submit evidence or make statements to the committee concerning the appropriate penalty to be imposed. The past disciplinary record of a student shall not be submitted to the committee prior to the supplemental proceeding. The committee shall determine a penalty by majority vote and shall inform the student, in writing, of its decision as in 9 above.

 

If the hearing is a public hearing, the committee shall proceed generally as follows:

  1. Persons present shall be the complainant, the Designated Administrator, and the student with a parent or guardian if desired. Designated college representatives for the following groups may have space reserved if they choose to attend:
    1. Mountain View College Faculty association.
    2. Mountain View College President.
      Other persons may attend based on the seating available. The chairman may limit seating accommodations based on the size of the facilities.
  2. Before the hearing begins, either party to the hearing may request that witnesses remain outside the hearing room.
  3. The chair of the committee shall read the complaint.
  4. The chair of the committee shall inform the parties of their rights, as stated in the notice of hearing.
  5. The DA shall present the college's case.
  6. The respondent may present his or her defense.
  7. Each party may present rebuttal evidence and argument.
  8. The committee, by majority vote, shall determine, using a preponderance of the evidence standard, the responsibility of the student regarding the alleged violation.
  9. The committee shall state in writing each finding of a violation of a published College District regulation or policy. Each committee member concurring in the finding shall sign the statement. The committee shall include in the statement its reasons for the finding. The committee shall notify each party to the hearing of the decision in the same manner as the notice of hearing.
  10. A determination of responsibility shall be followed by a supplemental proceeding in which either party may submit evidence or make statements to the committee concerning the appropriate penalty to be imposed. The past disciplinary record of a student shall not be introduced to the committee prior to the supplemental proceeding. The committee shall determine a penalty by majority vote and shall inform each party, in writing, of its decision as in item 9, above.

 

EVIDENCE

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.

 

RECORD

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.

 

PETITION FOR ADMINISTRATIVE REVIEW

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:

  1. In violation of federal or state law or published college regulation or policy;
  2. Clearly erroneous in view of the reliable evidence and the preponderance of the evidence; or
  3. Capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion. The College President or designee shall provide written notification of the result of the administrative review to each party to the hearing in the same manner as the notice of the hearing.

 

AUTHORIZED DISCIPLINARY PENALTIES

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:

  1. An "admonition" means a written reprimand to the student on whom it is imposed.
  2. "Warning probation" means further violations may result in disciplinary probation. Warning probation may be imposed for any length of time up to one calendar year, and the student shall be automatically removed from probation when the imposed period expires.
  3. "Disciplinary probation" means further violations may result in suspension. Disciplinary probation may be imposed for any length of time up to one calendar year and the student shall be automatically removed from probation when the imposed period expires. Students may be placed on disciplinary probation for engaging in activities as illustrated by, but not limited to, the following: being intoxicated, misuse of identification card, creating a disturbance in or on college premises, and gambling.
  4. "Withholding of transcript or degree" may be imposed upon a student who fails to pay a debt owed the college or who has a disciplinary case pending final disposition or who violates the oath of residency. The penalty terminates on payment of the debt or the final disposition of the case or payment of proper tuition.
  5. "Bar against readmission" may be imposed on a student who has been expelled for disciplinary reasons.
  6. "Restitution" means reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.
  7. "Suspension of rights and privileges" is intended to be a flexible penalty, which may include limitations or restrictions to fit the particular case.
  8. A "suspension of eligibility for official athletic and nonathletic extracurricular activities" prohibits, during the period of suspension, the student on whom it is imposed from joining a registered student organization; taking part in a registered student organization's activities or attending its meetings or functions; and from participating in an official athletic or non-athletic extracurricular activity. Such suspension may be imposed for any length of time up to one calendar year. Students may be placed on disciplinary suspension for engaging in activities including, but not limited to, the use or possession of alcoholic beverages in any college facility, with the exception of specific beverage-related courses within the College District, or any College District sponsored program or event when service of alcoholic beverages is permitted by College District policy; giving false information in response to requests from the College District; instigating a disturbance or riot; stealing, any attempt at bodily harm, which includes taking an overdose of pills or any other act where emergency medical attention is required; and conviction for any act that is classified as a misdemeanor or felony under state or federal law.
  9. "Denial of degree" may be imposed on a student found guilty of scholastic dishonesty and may be imposed for any length of time up to and including permanent denial.
  10. "Suspension" from the College District prohibits, during the period of suspension, the student on whom suspension is imposed from being initiated into an honorary or service organization; from entering upon any College District campus except in response to an official summons; and from registering, either for credit or for non-credit, for scholastic work at or through the College District.
  11. "Expulsion" is permanent severance from the College District and any college which is a part thereof.
  12. "Failing grade" means a grade of F may be assigned for the course as a result of scholastic dishonesty along with suspension, or other sanction, as appropriate.

A sanction imposed at one college shall apply to all colleges of the College District.

 

STUDENT CONDUCT: HAZING

A person commits an offense if the person:

  1. Engages in hazing.
  2. Solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing.
  3. Has first-hand knowledge of the planning of a specific hazing incident involving a student in an educational institution, including a college district, or first-hand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge in writing to the dean of students or other appropriate official of the institution.

Education Code 37.152(a), 51.936(a)

 

ORGANIZATION

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)

 

DEFINITIONS

"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:

  1. Any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity.
  2. Any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.
  3. Any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.
  4. Any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame, or humiliation, or that adversely affects the mental health or dignity of the student or discourages the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described above.
  5. Any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code.
    Education Code 37.151(6); 51.936(a)

 

"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:

  1. Is registered in or in attendance at an educational institution;
  2. Has been accepted for admission at the educational institution where the hazing incident occurs; or
  3. Intends to attend an educational institution during any of its regular sessions after a period of scheduled vacation.
    Education Code 37.151(4); 51.936(a)

 

Sexual Harassment

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)

Regina Garner

Associate Dean of Student Success, Student Services

Garnerre@dcccd.edu

214 860-8561

Student Services Building: S1053