Conduct Council Procedures
Students are responsible for knowing the following:
31. The following procedural guidelines shall be applicable in hearings conducted by the Conduct Council:
a. The conduct hearing process will be advised by a member of the Office of Student Conduct. In cases where the College is the complainant, the individual representing the College (as complainant) may not advise the hearing process.
b. The Office of Student Conduct shall give respondents written notice of the hearing date and the specific charges brought against them at least five (5) business days in advance. Complainants will be copied on this letter when applicable.
c. Respondents shall be afforded reasonable access to the case file, which will be retained by the Office of Student Conduct. Reasonable access to the case file typically includes review in the presence of a designee of the Office of Student Conduct prior to the Conduct Council. The case file consists of materials that would be considered "educational records," under the Family Educational Rights and Privacy Act of 1974 (and subsequent revisions) and may be redacted to protect personally identifiable information of other students.
d. Affidavits shall only be admitted into evidence if signed by the affiant in the presence of a member of the Office of Student Conduct. Exceptions may be made on a case by case basis.
e. The Office of Student Conduct will appoint a Conduct Officer to serve as the Chairperson of the Conduct Council hearing. The Conduct Chairperson shall exercise control over the proceedings to achieve orderly completion of the hearing.
f. Any party may challenge a Council member or Conduct Officer on the grounds of personal bias in advance of the hearing. The party must submit an explanation to the Office of Student Conduct who will have the final say in excluding Council members.
g. The Conduct Chairperson may exclude any person, including the respondent(s) or complainant, who disrupts a hearing.
h. The Conduct Chairperson may permit witnesses to participate in the Council hearing, after consultation with the Office of Student Conduct.
i. Witnesses shall be asked to affirm that their statements are truthful and may be subject to charges of violating this Code by providing false information to the College.
j. Complainants and respondents shall be afforded an opportunity to ask relevant questions of those witnesses who testify at the hearing.
k. Prospective witnesses, other than the complainant and the respondent, will be excluded from the hearing during the testimony of other witnesses.
l. Pertinent records, exhibits, and written statements may be accepted as information for consideration by the Conduct Council at the discretion of the Conduct Council Chairperson.
m. In Conduct Council hearings involving more than one respondent, the Office of Student Conduct representative, at their discretion, may conduct the Conduct Council hearing for each student either separately or jointly. Students may request to have a separate hearing by providing an explanation to the Office of Student Conduct for consideration. Students must submit this request to the Office within two business days upon original receipt of the notification letter.
n. Respondents who fail to appear after proper notice will have their case reviewed and determined in their absence. In this instance, a recording of “no plea” will also be noted in the student’s record. The Council will make its decision based on the information in its possession.
o. Hearings will be closed to the public, except for the complainant's and respondent's advisors (see Part 16).
p. The Office of Student Conduct may accommodate concerns of the complainant or respondent for their personal safety and well-being during the hearing by providing separate meeting facilities and/or by permitting participation by written statement, telephone, videophone or other electronic means, where and as determined in the sole judgment of the Office of Student Conduct to be appropriate.
q. Hearings shall be recorded and may be transcribed. These recordings/transcripts are the property of the College and are maintained in confidential files for seven (7) years or indefinitely in the case of expulsion from the College.
s. After all pertinent information has been presented in the hearing, the Conduct Council shall move into a closed session to deliberate on the facts of the case. Council members shall weigh all facts of the case against what reasonable persons would consider to be typical conduct in their daily affairs. Unduly repetitious or irrelevant information may be excluded. The members shall determine by majority vote whether the respondent is responsible for violating each section of the Code that the student is charged with violating. The Conduct Council shall continue their deliberations on appropriate sanction(s). If applicable, the respondent's prior conduct record will be supplied to the Council members during this portion of the deliberation. The deliberations of the Conduct Council are not recorded or transcribed.
t. A determination of responsibility and recommendation of sanctions will be submitted to the Office of Student Conduct for approval. The Office will send the outcome letter to the respondent with the findings. This outcome letter will be placed in the respondent's conduct file and made available to the student respondent.
u. The outcome of the conduct hearing may be appealed under the criteria listed in Part 21 of this Code.
- Phone: (323) 259-2969