Non-Academic Procedures

Behavioral Misconduct

Inappropriate student behavior in the classroom or on campus has the potential to disrupt the teaching and learning process. In a classroom situation, the faculty member is the first person available to regain order and prevent further disruption. Guidelines are available to faculty so they can assure that the rights and safety of the faculty, students and institution are protected.

The guidelines are based upon the level of disruption, from low to high, which can include the immediate suspension of the student from the class for that day see board policy 410-Student Conduct.

For disruptions outside the classroom, the dean of students or the department of public safety (DPS) should be notified immediately. Behavioral misconduct may be referred to DPS, who will involve other authorities, as appropriate. DPS should be called at extension 8545 immediately if:

  • An incident exists that has the potential of being life-threatening and/or causing serious property damage.
  • An incident that is potentially dangerous is recognized and the need for police is necessary for the safety and welfare of others on the campus.
  • Any crime is witnessed or reported requiring official reports and notification to state or federal authorities.

The institutional expectation is that students will conduct themselves in a manner that is acceptable in a learning environment. Behavior that endangers or infringes on the rights and safety of others is not acceptable. It is intended that resolution should take place at the lowest possible administrative level. The faculty will consult with the respective program coordinator, department chair and division dean who will assist the faculty member and student with resolution alternatives. Documentation of the disruption will be collected from the parties involved to gather facts and to ensure that the interests and needs of all parties are considered. 

The dean of students is the primary administrator of discipline for unacceptable conduct or for conduct which involves infraction of college rules and regulations. The dean (or designee) will initiate disciplinary sanctions in accordance with these regulations. Disciplinary proceedings are not judicial trials and need not conform to the procedural formality of a trial.

Investigative Procedures

The dean of students (or designee) will investigate any reported allegation of student misconduct before initiating disciplinary procedures. The dean may meet with any student whose conduct has been called into question. The student will be given the opportunity to present information regarding the incident and will receive a copy of Policy 410.0. Any written correspondence between the dean and the student that is not hand-delivered to the student will be sent via certified mail.

After investigation, the dean will determine if the case should proceed. If proceeding, the dean will determine if an administrative hearing or hearing by a student conduct committee is appropriate. The hearing official will determine is the student is deemed responsible for the behavior, based on a preponderance of evidence standard. If 'responsible', the dean/designee or committee will impose appropriate disciplinary sanctions. The dean will set a time frame during which the student will either accept or reject, in writing, the disciplinary sanction. Failure of the student to respond in writing within the time frame will be considered as an acceptance and the discipline will become final. See Conduct, Due Process Appeals.

Disciplinary Procedures

A charge involving a student must be filed in writing with the dean of students within 30 calendar days of the alleged incident. The dean of students must notify the student accused of the infraction. Failure of the student to have his/her current address on record with the college will not invalidate such notice.

The dean of students (or designee) will conduct an investigation to determine if the charge/complaint has merit and if they can be resolved by mutual consent of the parties involved on a basis acceptable to the dean of students*. The dean of students may suggest alternative resolution techniques for informal resolutions, when appropriate.

* If the investigation results from a crime of violence or non-forcible sexual offense,
the alleged victim and the accused is entitled to have an advisor or counselor present during his or her participation in the investigation.

  • The accused student(s) will be afforded one of the following, which will be determined by the college.
    • Administrative hearing: The dean of students (or designee) will determine if the student is responsible for violation of the Student Code of Conduct and will impose disciplinary sanctions, when appropriate.
      • The dean of students will notify the accused of the investigation outcome in writing by certified mail. If the student is suspended or dismissed, the student must surrender his/her student ID and parking permit to the dean.
    • Student Conduct Committee:  The dean will inform the student of the date, time, and location of the hearing, as indicated below.

Committee Composition 
The Student Conduct Committee is composed of five members appointed by the president to include:

  • Two faculty members;
  • Two administrative/professional staff members;
  • One support staff member.

The chair of the Student Conduct Committee will be selected by the committee. The dean of students will be responsible for presenting evidence of charges to the committee.

Procedural Duties 
At least seven working days prior to the date set for a hearing before the committee, the dean of students will send a certified letter to the student’s last known address providing the student with the following information:

  1. A statement of the charge or charges.
  2. The time and place of the hearing.
  3. A statement of the student’s procedural rights.
  4. The names of the committee members.

Upon written request by the student, the hearing may be held prior to the expiration of the seven-day advance notification period, if the committee chair agrees.

Procedural Rights of Students Include the Following: 

  • The right to counsel or advisement. (The role of the person acting as counsel is solely to advise the student. The advisor is not permitted to ask or answer questions or make oral arguments. Any case presented must be made by the student.) The college is not responsible for providing counsel for students.
  • The right to produce witnesses to the incident (not character witnesses).
  • The right to request, in writing, that the committee chair disqualify any member of the committee for prejudice or bias. A request for disqualification, including specifics about the prejudice or bias, must be submitted at least two working days prior to the hearing. If the disqualification occurs, the college president will appoint a replacement. (Note: In the event the request for disqualification involves the committee chair, the student will submit the written request to the college president.)
  • The right to present evidence.
  • The right to know the identity of the person(s) bringing the charges.
  • The right to give testimony in a campus hearing by means other than being in the same room with the accused student.
  • The right to hear witnesses on behalf of the person bringing the charges.
  • The right to testify or refuse to testify without such refusal being detrimental to the student.

* If the hearing results from a crime of violence or non-forcible sexual offense, the accuser and the accused are entitled to the same opportunities to have others present during disciplinary proceedings. 

The Conduct of Committee Hearings 
Committee hearings will be confidential and will be closed to all persons except:

  • The student
  • Counsel/advisor
  • A recorder
  • Witnesses who have first-hand knowledge of the incident
  • The dean of students

If the student fails to appear at the scheduled time, the committee may hear and determine the matter in his/her absence.

Hearing Order:

Chair Action 
The chair will preside at the hearing; call the hearing to order; call the roll of the committee; ascertain the presence of the student charged; read the notice of hearing and charges; verify the receipt of written notices to the student; report any continuances requested or granted; establish the presence of any counsel/advisor of the student; notify the student and the student’s counsel/advisor of any special or extraordinary procedures that will be used during the hearing; and permit the student to make suggestions or objections to any procedures for the Student Conduct Committee to consider.

Opening Statements 
The dean of students will make opening remarks outlining the general nature of the case and testify to any facts the investigation has revealed. The student may make a statement to the committee about the charge at this time or at the conclusion at the college’s presentation, at his/her election.

College Evidence 
College witnesses are to be called and identified or written reports or evidence introduced as appropriate. The committee may question witnesses at any time. The student may question witnesses by submitting questions to the committee chair for consideration and may examine evidence at the conclusion of the college’s presentation.

Student Evidence 
The student will have the opportunity to make a statement to the committee about the charge, and may then present further evidence through witnesses or in the form of written memoranda as he/she desires. The committee may question the student or witnesses at any time. The dean of students may question the student or witness. The student has the right but will not be required to testify on his/her own behalf; to present witnesses and evidence; and to review and respond to testimony of those who testify against him/her.

Rebuttal Evidence 
The committee may permit the college or the student to offer any matter in rebuttal of the other’s presentation.

Meeting Concludes 
The committee will formulate a written recommendation which the chair will submit to the dean of students within three working days.  The dean of students will inform the necessary parties, in writing, of the determination (responsible/not responsible/memorandum of understanding) and sanction(s) imposed (when appropriate) within five working days. The student will be notified by certified mail. If the student is suspended or dismissed, the student must surrender his/her student ID and parking permit to the dean.

Upon written request, alleged victim of violence or non-forcible sex offense will receive disclosure of campus student disciplinary proceeding results.  If the alleged victim is deceased as a result of the crime or offense, the disclosure may be requested by the next of kin of the alleged victim.

Interim Suspension

In certain circumstances, the dean of student development may impose an interim suspension prior to the completion of the investigation. Interim suspension may be imposed:

  • To ensure the safety and well-being of others or to preserve college property.
  • To ensure the student’s own physical or emotional safety and well-being.
  • If a student poses a definite threat of disruption or interference with the normal operation of the college.

During interim suspension, the student will be denied access to the campus (including classes) and/or all other college activities or privileges for which the student might otherwise be eligible. The student will be notified of the interim suspension by certified mail.

Disciplinary Sanctions

The dean of students (or designee), student conduct committee or the vice president for academic and student affairs may impose any one or a combination of the following nondisciplinary or disciplinary sanctions for violation of the student code of conduct:

Nondisciplinary sanction

  • Memorandum of understanding

Disciplinary sanctions

  • Disciplinary warning
  • Disciplinary probation
  • Restitution
  • Educational sanction
  • Exclusion from college facilities or activities
  • No contact order
  • Disciplinary suspension
  • Expulsion

Students who are prohibited from attending classes or courses in which they are currently enrolled because of disciplinary sanctions may not be entitled to a refund of tuition.

Disciplinary sanctions will be made part of the student’s permanent educational record and will be housed in the student’s disciplinary file. Cases involving the imposition of sanctions will be expunged from the student’s confidential record seven years after final disposition of the case. Cases involving suspension or expulsion will be retained indefinitely.

Memorandum of Understanding
This is a written warning that the same conduct or other conduct in violation of this policy during that student’s enrollment at the college may result in additional discipline, but is not considered a disciplinary record.

Disciplinary Warning
This is a written warning that the same conduct or other conduct in violation of this policy during that student’s enrollment at the college may result in additional discipline.

Disciplinary Probation
Disciplinary probation is for a specific period of time. During this time, a student may continue to attend classes but cannot participate in student or intercollegiate activities. Any further violations may lead to suspension or expulsion from the college.

Restitution
A student is required to pay repair or replacement costs for damage to property or may be required to provide specific in-kind services.

Educational Sanction
A student is required to participate in a specific educational or counseling activity(ies). The student is responsible for all expenses, including costs for education, counseling or treatment.

Exclusion From College Facilities or Activities
A student is prohibited from attending one or more classes; undertaking student employment; entering a building; participating in some or all extra-curricular activities sponsored by the college; representing the college in an official student capacity; or using other services provided by the college. Exclusion will be for a definite period of time, until certain requirements placed on the student are completed, or indefinitely.

No Contact Order
A student may not have any type of contact with another individual who is part of the SCC community. This includes, but is not limited to, verbal or written communication, through the many mediums that are available. The student may not have friends or family contact the student on their behalf.

Disciplinary Suspension
Disciplinary suspension is for a specific period of time. Suspension will include disenrollment and denial of attendance in classes, exclusion from participation in college-sponsored activities and suspension from student employment with the college. The student may be readmitted upon completion of the suspension.*

Expulsion
A student is permanently expelled from the college after committing a serious violation or after accumulating a record of multiple violations.*

* Students who are prohibited from attending classes or courses in which they are currently enrolled because of disciplinary sanctions may not be entitled to a refund of tuition.

Students should complete campus appeals procedures prior to seeking outside remedies.

See board policy 410-Student Conduct.