1.  A student may decline to answer questions about possible violations of the Code of Conduct. The refusal to answer those questions will not be considered a separate violation of the Code of Conduct.

2.  A student may present witnesses in his/her behalf.

3.  A student may hear the testimony of all witnesses who testify orally and may review all written evidence submitted.

4.  A student will have the opportunity to question all witnesses.

5.  A student may select an adviser of his or her choice. If the adviser charges the student a fee, the fee would have to be borne by the student. The adviser may be present with the student throughout the hearing. The adviser may consult with and advise the student during questioning but may not actively participate in the questioning himself/herself.

6.  A student will be given decisions made by the hearing officer, College Judicial Board, Appeals Board or President in a timely fashion.

7.  A student’s disciplinary records will be kept confidential to the extent required by the Family Education Rights and Privacy Act.

8.  A student may pursue appeals of decisions as provided in the section of Handbook for Students titled “Rights and Responsibilities.”

RESPONSIBILITIES OF THE DEAN OF STUDENT AFFAIRS
(Note: The term “Dean of Student Affairs” may include as a substitute an Associate Dean of Student Affairs, Assistant Dean of Student Affairs, or other designee of the Dean of Student Affairs. The term “student” also refers to student organizations, if the charges are directed to an organization).

It will be the responsibility of the Dean of Student Affairs to investigate violations that are reported to him/her, to gather additional information and witnesses, if necessary and appropriate, and to determine whether or not there are sufficient grounds to charge a student with a violation of College policy.

NOTICE PROCEDURES
a.  The judicial process shall be initiated by the Dean of Student Affairs sending a notice to the student who has been accused of violating the Code of Conduct.

b. The notice shall be sent by campus mail to the student’s address on campus or shall be delivered personally to the student. The notice shall require the student to schedule an appointment with the Dean to discuss the alleged violations in a pre-hearing conference.

c.  The notice shall inform the student of the following:

 (1) The offense the student was alleged to have committed;

 (2) The date, time, and location of the alleged commission; and such other relevant circumstances as the Dean may determine is necessary to include in the notice so that the student is on general notice of the nature of the alleged offense;

 (3) The section of the Student Code of Conduct upon which the charges are based;

 (4) Reference to students’ procedural rights in disciplinary matters as outlined in the Handbook for Students.

d.  If the student fails to appear for the conference by a specified date, the Dean may:

 (1) reschedule the conference;

 (2) dismiss the charges; or

 (3) if the Dean reasonably believes the failure to be inexcusable, impose any of the disciplinary penalties described in this document.

PRE-HEARING CONFERENCE
A pre-hearing conference is initiated between the Dean and the student(s) following the receipt of a report of an alleged violation(s). The purpose of the conference is: (a) to explain the judicial process to the student; (b) to provide the student with an opportunity to hear the allegations against him/her; (c) to review the facts as stated in the report(s); and (d) to allow the student to discuss the case with the Dean in an informal context. No decision(s) is rendered at this time.

During the pre-hearing conference, the Dean shall assume responsibility for informing the student of the following:

1.  The offense the student was alleged to have committed as stated in the written notice;

2.  The date, time, and location of the alleged commission; and other relevant circumstances as the Dean may determine are appropriate to discuss;

3.  The section of the Student Code of Conduct upon which the charges are based;

4.  The student’s procedural rights in disciplinary matters as outlined in the Handbook for Students;

5.  The sanctions which may possibly be imposed.
The student will have 48 hours from the conclusion of the pre-hearing conference to indicate whether s/he prefers an administrative or Judicial Board hearing.The Dean or his/her designee may (1) hear and make a decision whether the individual(s) charged in the case has violated the College’s Code of Conduct; or (2) refer the case to the College Judicial Board.  If the student prefers a Board hearing, the Dean will refer the case to the College Judicial Board. If the student prefers an administrative hearing, the Dean will decide whether or not to honor the request or refer the case to the College Judicial Board.