Conduct Council Procedures
Students are responsible for knowing the following:
32. The following procedural guidelines shall be applicable in hearings conducted by the Conduct Council:
- The Office of Student Conduct will appoint a Conduct Officer who shall conduct the Conduct Council hearing.
- 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. Respondents shall be accorded reasonable access to the case file, which will be retained by the Office of Student Conduct. 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); personal notes of College staff members or complainants are not included.
- The Conduct Officer may permit witnesses to participate in the Council hearing, after consultation with the Office of Student Conduct.
- In Conduct Council hearings involving more than one respondent, the Office of Student Conduct representative, at his or her discretion, may conduct the Conduct Council hearing for each student either separately or jointly.
- Respondents who fail to appear after proper notice will have their case reviewed in their absence. The Council will make its decision based on the information in its possession.
- Hearings will be closed to the public, except for the complainant's and respondent's advisors (see ADVISORS Parts 34-36). An open hearing may be held, at the sole discretion of the Office of Student Conduct.
- The conduct hearing process will be advised by a member of the Office of Student Conduct.
- The Conduct Officer shall exercise control over the proceedings to achieve orderly completion of the hearing. The Conduct Officer may exclude any person, including the respondent(s), who disrupts a hearing.
- Hearings shall be tape recorded and/or transcribed. These recordings/transcripts are the property of the College and are maintained in confidential files for up to seven (7) years.
- Any party may challenge a Council member or Conduct Officer on the grounds of personal bias in advance of the hearing. The Office of Student Conduct may disqualify the Conduct Officer. Council members may be disqualified by the Conduct Officer or upon majority vote of the members, conducted by secret ballot.
- 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.
- Pertinent records, exhibits, and written statements may be accepted as information for consideration by the Conduct Council at the discretion of the Conduct Officer.
- Prospective witnesses, other than the complainant and the respondent, will be excluded from the hearing during the testimony of other witnesses. All parties, the witnesses, and the public shall be excluded during Council deliberations, which shall not be recorded or transcribed.
- There must be enough information in the fact finding process to support the determination that it was more likely than not that the respondent violated noted policies the Code.
- Formal rules of evidence shall not be applicable in conduct proceedings conducted under this Code. 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.
- Complainants and respondents shall be accorded an opportunity to ask relevant questions of those witnesses who testify at the hearing.
- Affidavits shall only be admitted into evidence if signed by the affiant and witnessed by the Office of Student Conduct. Exceptions may be made on a case by case basis.
- Council members shall evaluate information presented in the hearing based upon their general experience, e.g. college student, faculty member, administrator.
- 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. The members shall determine by majority vote whether the respondent is responsible for violating each section of the Code that he or she 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.
- A determination of responsibility will be documented in the outcome letter as written findings that will be presented to and approved by the Office of Student Conduct and/or the VPSA's designee. This outcome letter will be placed in the respondent's conduct file and made available to the student respondent.
- The outcome of the conduct hearing may be appealed under the criteria listed in APPEALS Parts 40-43 of this Code.
- The Office of Student Conduct may accommodate concerns of the complainant, respondent, and/or witness(es) 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.
Last updated June 12, 2012
- Phone: (323) 259-2969