The Student Conduct Committee will be convened on the recommendation of the Dean of Student Success (DSS). The following procedure will be followed:
  1. Within TEN business days of the recommendation of a hearing by the DSS, the defendant (accused student) will be informed of the charges and student rights according to the Catalog and Student Handbook by Certified mail to the last known address on file for the defendant.
  2. The defendant will have TEN business days from the date the notification is mailed to respond to the charges. Lack of response will be considered an admission of guilt unless the delay is eventually attributed to reasonable extenuation circumstances, as determined by the DSS or the academic Dean.
  3. A date for the hearing will be scheduled and reported to the defendant via Certified mail within TEN business days of receipt of the defendant’s response. The hearing should take place as soon as possible, no more than THIRTY business days following the instance of misconduct. This period may be extended under reasonable circumstances at the discretion of the DSS.
  4. The office of the DSS should notify members of the Student Conduct Committee of a pending case as soon as possible once a date and time of a hearing has been set. If committee members are unable to attend, the office of the DSS will promptly notify the committee chair who will identify designees. The chair will prepare and distribute copies of evidentiary documents to Committee members and designees.
  5.  It is the responsibility of all Committee members and designees to study evidentiary documents, and otherwise be prepared to participate effectively in the hearing.
  6. The hearing will be held regardless of whether the defendant responds to the notification, and/or is absent in order to determine appropriate penalty. It will not be considered inappropriate for the Committee to take the absence of the defendant into consideration when determining severity of penalty.
  7. The defendant has the right to be advised by counsel or an advisor who may come from within or outside the institution. Counsel may be present at the hearing and may advise the defendant during the hearing, but will not be allowed to address the Committee.
  8. The chair will be responsible for making the following documents available:
    1. All present should be given the following documents:
      1. evidentiary documents
      2. order of proceedings derived from this document
    2. Committee members should additionally be given:
      1. a list of potential non-academic disciplinary sanctions
      2. a list of potential academic disciplinary sanctions
  9. A tape recording will be kept of the proceedings. This tape will be labeled with date and other identifying information, and will be retained in the office of the DSS for 10 years. The reporter will be responsible for assuring that the recording equipment is present and functional prior to, and during all proceedings.
  10. Order of proceedings:
    1. The Committee chair will re-confirm that the recorder is taping. The chair will then state the following for the record:
      1. current date and time
      2. name of the defendant
      3. reminder of the importance of truth in all testimony
      4. reminder of confidentiality
      5. statement of alleged violation
    2. The Committee chair asks for plea of the defendant.
      1. If defendant’s plea is “guilty,” the Committee need only determine appropriate penalty
      2. If defendant’s plea is “innocent,” follow the remainder of the steps below.
        1. The chair will ask the Committee to call witnesses one at a time, and discuss the case. The chair must ask each witness to begin by stating his/her name and connection with the case for the record. Committee members may ask questions of the defendant during this phase.
        2. The defendant may state the remainder of their case, cross-examine stated facts, and call their witnesses one at a time. The chair must ask each witness to begin by stating his/her name and connection with the case for the record.
        3. The chair should ask for any clarifying questions or statements, first from the Committee members, and then from the defendant.
        4. The defendant, defendant’s counsel, accusing instructor, and all witnesses will be excused. The defendant (and counsel if the defendant wishes) should remain nearby for recall. The remainder may be excused for the day.
        5. The Committee will discuss the case and reach a decision of guilt or innocence by vote. At least 2/3 majority vote is required for a guilty verdict.
        6. If the decision is innocence, the defendant will be recalled immediately and informed of the decision by the Committee chair. If the decision if guilty, the Committee will deliberate further to determine appropriate penalty. Penalty options for both non-academic and academic misconduct are listed in this document, and should have been made available to Committee members prior to onset of proceedings.
        7. The Committee chair reminds defendant that he/she has the right to appeal according to the procedures specified in this document.
        8. The chair reiterates the importance of confidentiality, and adjourns the meeting.
        9. Before allowing anyone to leave, the reporter will ensure that all signatures are present on the Hearing form. The reporter will deliver the labeled audio tape of proceedings, and the completed Hearing form to the office of the DSS.
  11. Within FIVE business days of receipt of the Committee’s recommendation, the DSS shall review the Committees recommendation, take necessary action on the recommendation, and provide written notification via Certified mail to the defendant.