17-3-1 Due Process, Student Disciplinary Procedure and Sanctions
17-3-1 Due Process, Student Disciplinary Procedure and Sanctions
TITLE NUMBER APPROVED DATE
DUE PROCESS, STUDENT DISCIPLINARY PROCEDURE AND SANCTIONS 17 - 3 - 1 7-26-01
 
BASED ON POLICY NUMBER AND TITLE

SBTCE POLICY 3-2-106 STUDENT CODE & GRIEVANCE PROCEDURE
SBTCE PROCEDURE 3-2-106.1 THE STUDENT CODE FOR THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM


PURPOSE: To deal with complaints against students by faculty, staff or other students, excluding complaints of academic dishonesty. Due process is essential in dealing with infractions of Trident Technical College regulations and state and federal statutes. Consequently, any disciplinary sanction imposed on a student or student organization will follow the provisions of this code.

  1. RULES FOR STUDENT DISCIPLINARY PROCEDURE AND SANCTIONS

    1. Administrative Suspension

      1. If an act of misconduct by one or more students threatens the health or well-being of any member of the academic community or seriously disrupts the function and good order of the College, an administrative officer may direct students involved to cease and desist such conduct and advise them that failing to cease and desist will result in immediate temporary suspension. If the students fail to cease and desist, the administrative officer may then suspend them from the College until a resolution of the matter can be made.

      2. The administrative officer invoking such administrative suspension shall notify the vice president in writing of the individuals involved and the nature of the infraction before 5:00 p.m. of the first class day following its imposition. If immediate identification of the student or students is impossible, such notice shall be given within two working days after identification has been determined.

      3. After notification of the students involved, a hearing will be held n three working days or as soon thereafter as practicable, if requested by the suspended student(s).

    2. Complaints

      1. A charge involving a student infraction must be filed in writing with the office of the vice president for Student Services.

      2. The vice president shall make a preliminary investigation of the charge. After investigating the charge the vice president may act as follows:

        1. Drop the charges.
        2. Impose a sanction from the following:

          1. written reprimand.

          2. An obligation to make restitution or reimbursement.

          3. A suspension or termination of particular student privileges.

          4. Disciplinary probation.

          5. Suspension from the College.

          6. Expulsion from the College.

          7. Refer the student to a College office or community agency to perform or obtain services.

          8. Other sanctions as determined to be appropriate by the vice president.

          9. Any combination of the above.

      3. A student who has been suspended from the College or expelled from the College may request a hearing before the Student Grievance Committee. This request must be submitted within two working days after receipt of the letter. At the hearing, the vice president shall report the nature of the alleged misconduct, the name of the complainant, the name of the student against whom the charge has been filed, the preliminary investigation and the reason for his or her decision.

  2. STUDENT GRIEVANCE COMMITTEE
    The College shall have a Student Grievance Committee (hereafter referred to as the Committee) to consider the case of a student who declines to accept the decisions of the vice president. A committee shall be appointed each time that a hearing is requested.

    1. Membership of the Committee shall be composed of the following:

      1. Three faculty members appointed by the president.

      2. Three student volunteers from the Student Cabinet and approved by the president.

      3. One member of the Student Services staff appointed by the vice president for Student Services and approved by the president.

      4. The vice president serves as a nonvoting member of the Committee.

      5. The chair shall be appointed by the president from among the membership of the Committee.

    2. Functions of the Committee are described as follows:

      1. To hear a grievance from a student charged with an infraction that may result in disciplinary action.

      2. To hand down a decision based only on evidence introduced at the hearing.

      3. To provide the student with a statement of the Committee's decision, including findings of fact, and if applicable, to impose one or more of the following sanctions or disciplinary actions:

        1. A written reprimand.

        2. An obligation to make restitution or reimbursement.

        3. A suspension or termination of particular student privileges.

        4. Disciplinary probation.

        5. Suspension from the College.

        6. Expulsion from the College.

        7. Any combination of the above, including sanctions more or less severe than those imposed by the vice president.

  3. PROCEDURES FOR HEARING BEFORE THE STUDENT GRIEVANCE COMMITTEE

    1. Procedure Duties of the Vice President

      At least seven working days prior to the date set for a hearing before the Committee, the vice president shall have hand delivered or sent a certified letter to the student's last known address providing the student with the following information:

      1. A restatement of the charge or charges.

      2. The time and place of the hearing.

      3. A restatement of the student's procedural rights.

      4. A list of potential witnesses.

      5. The names of Committee members.

        On written request of the student, the hearing may be held prior to the expiration of the seven day advance notification period, if the vice president concurs with this request and if it is possible to convene the Committee more quickly.

    2. Procedural Rights of the Student include the following:

      1. The right to counsel. However, the role of the person acting as counsel is solely to advise the student. Legal counsel will not be allowed to question or cross-examine witnesses or to address the Committee or witnesses for any purpose, directly or indirectly.

      2. The right to produce witnesses on one's behalf.

      3. The right to request, in writing, that the president disqualify any voting member of the Committee for prejudice or bias. (The request must contain reasons.) A request for disqualification, if made, must be submitted at least two working days prior to the hearing. If such disqualification occurs, the appropriate nominating body shall appoint a replacement to be approved by the president.

      4. The right to present evidence.

      5. The right to know the identity of the person(s) bringing the charge(s).

      6. The right to hear witnesses on behalf of the person bringing the charges.

      7. The right to testify or to refuse to testify without such refusal being detrimental to the student.

      8. The right to appeal to the president who will review the official findings of the hearing. The appeal to the president must be in writing and it must be made within seven working days of the receipt of the Committee's decision.

    3. The Conduct of the Committee Hearings

      1. Hearings before the Committee shall be confidential and shall be closed to all persons except the following:

        1. The student
        2. Counsels
        3. A recorder chosen by the Committee chair
        4. Witnesses who shall

          1. Give testimony before the Committee.

          2. Be subject to questions from the student and Committee.

          3. Upon the decision of the Committee chair, be asked to leave the hearing.

      2. The Committee shall have the authority to adopt supplementary rules of procedure consistent with this code.

      3. The Committee shall have the authority to render written advisory opinions concerning the meaning and application of this code.

      4. The Committee shall not convene on a complaint if a student accused of misconduct under this code has been charged with a crime for the same act or closely related acts by federal, state or local authorities. However, the Committee may proceed to hear and decide the case prior to the disposition of pending or threatened criminal charges in one of the following instances:

        1. If the student so requests in writing, within seven working days of the criminal charge being brought,

        2. If the nature of the alleged misconduct and the circumstances surrounding it pose a serious risk to the health and well-being of the student or other members of the College community, or

        3. If the vice president determine it is in the best interest of the College.

      5. A student who refuses to comply with the procedures and rules established by the Committee may be subject to removal from the hearing. The Committee will complete the hearing and make a decision in the student's absence.

      6. Upon completion of a hearing, the Committee shall meet in executive session to determine concurrence or non-concurrence with the vice president's decision. The Committee may make sanctions more or less severe than those imposed by the vice president.

      7. Decisions of the Committee shall be made by majority vote.

      8. Within five working days after the decision of the Committee, the vice president shall have hand delivered or shall send a certified letter to the student's last known address providing the student with Committee's decision.

    4. Appeal to the President
      The appeal to the president must be in writing and must be made within seven working days of the receipt of the Committee's decision. The president, whose decision is final, shall have the authority to:

      1. Receive from the student an appeal of the Committee's decision.

      2. Review the findings and decisions of the Committee.

      3. Hear from the student, the vice president and/or the members of the Committee before ruling on an appeal.

      4. Approve or modify the decision of the Committee.

      5. Inform the student in writing of the final decision within 10 working days of the receipt of the appeal.

Reviewed March 30, 2007

 

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