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410 - Student Conduct, Discipline and Due Process
410 Student Conduct, Discipline and Due Process
|P-410.0||Students and student organizations will observe the College policies and procedures; comply with local, state and federal laws; and will conduct themselves in a manner compatible with the College's mission. Students are subject to disciplinary sanctions for misconduct.
Students are expected to exhibit academic integrity by being honest and forthright in their academic endeavors. To falsify the results of one's research, to steal the words or ideas of another, or to cheat on an examination corrupts the essential learning process.
|S-410.0||For definition of “student”, see Board Policy 402.4.|
|D-410.0.1||"College Premises” includes all land, buildings, facilities or other property in the possession of or owned by, leased by, used or controlled by the college, including adjacent streets and sidewalks.|
|D-410.0.2||“College Official” includes any person employed by the college, performing assigned administrative or professional duties.|
|D-410.0.3||“College Community” includes any person who is a student, faculty member, college official or any other person employed by the college.|
|D-410.0.4||“Organization” means any number of persons who have complied with the formal requirements for recognition.|
|Pr-410.0.1||Upon admission to the College or program, students assume an obligation to conduct themselves in a manner compatible with the College's function as an educational institution and to comply with the laws enacted by federal, state, and local governments. If this obligation is ignored, the College must institute appropriate discipline. Students may be subject to disciplinary sanctions for conduct that constitutes a hazard to the health, safety, or well-being of members of the College community or which is detrimental to the College’s interest whether such conduct occurs on campus, off campus, or at College-sponsored events.
SCC will cooperate fully with law enforcement and other agencies. SCC reserves the right to initiate disciplinary proceedings for violations of College policies and procedures, even if criminal charges are brought forward by the appropriate authorities. Disciplinary actions by SCC are independent of any criminal or civil proceedings.
The distinct procedures for handling violations of academic integrity (Pr-410.0.2), grade grievances (Pr-410.0.3), and behavioral misconduct (Pr-410.0.4) are in this policy. Examples of misconduct that may subject the student to discipline include, but are not limited to:
Academic misconduct is the intentional violation of College policies by tampering with grades or taking part in obtaining or distributing any part of an unadministered test. Examples:
Cheating is an act of deception by which a student misrepresents mastery of information on an academic exercise. Examples:
Fabrication is the intentional use of invented information or the falsification of research or other findings with the intent to deceive. Examples:
Forgery is the process, of making, adapting, or imitating objects or documents with the intent to deceive. Examples:
Plagiarism is the inclusion of someone else's words, ideas, or data as one's own work. When a student submits work for credit that includes the words, ideas, or data of others, the source of that information must be acknowledged through complete, accurate, and specific documentation, and, if verbatim statements are included, through separation from the rest of the paper by indentation or quotation marks as well. By submitting work for credit, the student certifies the originality of all work not otherwise identified by appropriate acknowledgments. A student will avoid being charged with plagiarism if there is an acknowledgement of indebtedness:
For purposes of this policy, Sexual Violence collectively refers to the terms “sexual assault,” “domestic violence,” “dating violence,” “stalking,” and “sexual exploitation” as defined in Policy 434.0, Prohibition of Discrimination, Sexual Harassment, Other Forms of Harassment, and Sexual Violence.
|S-410.0.1.1||What can students do to protect themselves from being charged with academic dishonesty?
|Pr-410.0.2||Violations of Academic Integrity
Violations of academic integrity are resolved within the Division of Academic and Student Affairs. It is intended that resolution take place at the lowest possible administrative level preserving both the integrity of the College and the dignity of the student. The following discipline may be taken if a student is determined to be guilty of academic dishonesty:
Vice President for Academic and Student Affairs Option:
Withdrawing from the course will not prevent the faculty member, program coordinator, department chair, division dean or the Vice President for Academic and Student Affairs from imposing sanctions, or recommending grade penalties, including a failing grade in the course.
Students with concerns about grades should ask the instructor for clarification/resolution. Concerns about final grades must be expressed prior to the last day of the following semester (i.e. fall or spring). If, after contacting the instructor, the student still has concerns, the student should contact the program coordinator or department chair who will work with the student and the instructor to resolve the matter. If the department is unable to remedy the situation, the student should contact the division dean. If the resolution is unsatisfactory, the student may submit an appeal in writing to the Vice President for Academic and Student Affairs, SSB 2110. Anonymous calls or unsigned letters will not be acknowledged. Only concerns expressed by the individual student involved will be addressed.
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. Having a disability does not preclude the expectation that a student will adhere to appropriate behavior while on campus. If behavior negatively impacts instruction or learning opportunities of other students, it becomes a conduct issue and should be addressed per the college conduct policy. 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. For disruptions outside the classroom, the Dean of Student Success 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:
The Dean of Student Success is the primary administrator of discipline for unacceptable conduct or for conduct which involves infraction of College rules and regulations. The Dean of Student Success (or designee) will initiate disciplinary sanctions in accordance with these regulations. These investigation/disciplinary procedures are not judicial trials and need not conform to the procedural formality of a trial.
|Pr-410.0.5||Investigation/Disciplinary Procedures for Behavioral Misconduct
The Dean of Student Success also has discretion to initiate these procedures without a written charge, complaint, or report. The Dean of Student Success (or designee) is responsible for investigating any reported allegation of behavioral misconduct by students.
The Dean of Student Success (or designee) must notify the student accused of the alleged infraction. Any written correspondence between the Dean of Student Success (or designee) and the student that is not hand-delivered to the student will be sent certified mail. Failure of the student to have his/her current address on record with the College will not invalidate any notice or correspondence sent to that address. The Dean of Student Success (or designee) will conduct an investigation to determine if the charge/complaint has merit and whether it can be resolved by mutual consent of the parties involved on a basis acceptable to the Dean of Student Success.
Following a report of discrimination, harassment, sexual harassment, or sexual violence, the Title IX Coordinator will designate an individual(s) to conduct an investigation. As part of the investigation, as appropriate, the investigator(s) will meet with the reporting party, meet with the responding party, conduct additional interviews with fact witnesses, and gather relevant documentation. All investigations will be thorough, reliable and impartial. Upon completion of the investigation, the investigator provides a written report to the Title IX Coordinator who then releases the report to the Deputy Title IX Coordinator (Dean of Student Success) for disciplinary action or sanction, if any. It is the Deputy Title IX Coordinator (Dean of Student Success) who will determine, in consultation with the Title IX Coordinator, whether there has been a policy violation and what disciplinary action(s)/sanction(s) (if any) will be imposed based on a preponderance of evidence standard. A preponderance of the evidence exists when a reasonable person, after a careful balancing of available information, would conclude that it is more likely than not that a College policy or procedure violation occurred and that the responding party is responsible for the violation, While direct mediation between the reporting party and the responding party will not be permitted in cases involving allegations of sexual violence, the Dean of Student Success may suggest alternative resolution techniques for informal resolutions, when appropriate, in consultation with the Title IX Coordinator.
If an informal resolution is not successful or not available, the Dean of Student Success (or designee) will review the allegations of misconduct to determine whether the student is responsible for violating the policy based on a preponderance of evidence standard. A preponderance of the evidence exists when a reasonable person, after a careful balancing of available information, would conclude that it is more likely than not that a violation of the student code of conduct occurred and that the responding party is responsible for the violation. If ‘responsible’, the Dean of Student Success (or designee) will impose appropriate disciplinary sanctions. As part of the investigation, the Dean of Student Success (or designee) may meet with the reporting party and the responding party, conduct additional interviews with fact witnesses, gather documentation, etc.
During the investigation/disciplinary procedures, the responding party will have the following procedural rights:
At the conclusion of the investigation/disciplinary procedures, the Dean of Student Success (or designee) will notify the responding party and other necessary parties, in writing, of the determination of the investigation/disciplinary procedures (responsible/not responsible) and the sanction(s) imposed (when appropriate). 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 of Student Success.
If the investigation/disciplinary procedures result from a report of discrimination, harassment, or sexual harassment, the reporting party will be notified in writing of the determination of the investigation (responsible/not responsible), the sanction(s) imposed that directly relate to the reporting party (e.g., an order that the responding party stay away from the reporting party), and the right to appeal.
If the investigation/disciplinary procedures result from a report of sexual violence, the reporting party and the responding party will be simultaneously notified in writing of the determination of the investigation (responsible/not responsible), any sanction(s) imposed, the right to appeal, any changes to the result of investigation/disciplinary procedures, and when such results become final.
If the investigation/disciplinary procedures result from a report of a crime of violence or non-forcible sex offense (as defined in 34 C.F.R. § 99.39), the reporting party will be notified of the name of the responding party (if not already known by the reporting party), the determination of the investigation (responsible/not responsible), and any sanction(s) imposed. 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.
In certain circumstances, the Dean of Student Success (or designee) may impose an interim suspension prior to the completion of the investigation/disciplinary procedures. Interim suspension may be imposed:
The Dean of Student Success (or designee) or the Vice President for Academic and Student Affairs may impose any one or a combination of the following non-disciplinary or disciplinary sanctions for a violation of the student code of conduct:
Non-disciplinary sanction: Memorandum of Understanding
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 (7) years after final disposition of the case. Cases involving suspension or expulsion will be retained indefinitely.
|D-410-0.6.1||“Disciplinary Sanction” means a formal action that is binding, generally an outcome of the student conduct process that limits a student’s ability to interact with the college and the college community.|
|D-410.0.7.1||Memorandum of Understanding
This is a written warning that the same conduct or other conduct in violation of the policy during the student’s enrollment at the college may result in additional discipline, but is not considered a disciplinary record.
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 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.
A student is required to pay repair or replacement costs for damage to property or may be required to provide specific in-kind services.
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.
|D-410.0.7.6||Exclusion from College Facilities or Activities
A student is prohibited from attending one or more classes; undertaking College employment; entering a building; participating in some or all extra-curricular activities sponsored by the College; representing the College in an official 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.
|D-410.0.7.7||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 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 employment with the College. The student may be readmitted upon completion of the suspension.*
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 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.
|Pr-410.0.8||Student Appeal Process
A student may appeal the determination of and/or sanction(s) imposed by the Dean of Student Success by filing an appeal in writing within 15 calendar days of notification of the decision by the Dean of Student Success with the Vice President for Academic and Student Affairs (VPASA). In cases of discrimination, harassment, sexual harassment or sexual violence, both the reporting party and the responding party have the right to appeal the outcome of the investigation/disciplinary procedures. The appeal must cite at least one of the following criteria as the reason for appeal and provide supporting arguments. The Vice President for Academic and Student Affairs will determine if the appeal meets the criteria.
If the Vice President for Academic and Student Affairs determines that criteria for an appeal listed above have not been met, the previous determination by the Dean of Student Success (or designee) stands. If the Vice President for Academic and Student Affairs determines that the criteria for an appeal has been met, the Vice President for Academic and Student Affairs will then review the information gathered as part of the investigation/disciplinary procedures, including any documentary evidence.
It is within the Vice President for Academic and Student Affairs ’s discretion to reverse the finding regarding whether the student is responsible/not responsible, return the matter to the Dean of Student Success (or designee) for review and/or reconsideration on whether the student is responsible/not responsible, convert any sanction imposed to an alternate sanction, rescind any previous sanction, or return a recommended sanction to the Dean of Student Success (or designee) for review and/or reconsideration or uphold the outcome of the investigatory/disciplinary procedure.
The final decision on the appeal will be communicated in writing by certified mail by the Vice President for Academic and Student Affairs to the appealing student, with a copy sent to appropriate College officials. The decision of the Vice President for Academic and Student Affairs shall be final.
If the investigation/disciplinary procedures and subsequent appeal result from a report of harassment or discrimination, the reporting party will also be notified in writing of the result of the appeal and any changes in the sanction(s) imposed if those sanctions directly relate to the reporting party (e.g., an order that the accused stay away from the reporting party).
If the investigation/disciplinary procedures and subsequent appeal result from a report of sexual violence, the reporting party and the responding party will be simultaneously notified in writing of the result of the appeal and any changes in the sanction(s) imposed,
If the investigation/disciplinary procedures and subsequent appeal result from a report of a crime of violence or non-forcible sex offense (as defined in 34 C.F.R. § 99.39), the reporting party and the responding party will be notified of the result of the appeal and any changes in the sanction(s) imposed. 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.