/Institutions/Northern-Essex-Community-College/json/2021-2022/Catalog-local.json

/Institutions/Northern-Essex-Community-College/json/2021-2022/Catalog.json

Formal Student Conduct Process

This policy is not intended to prevent members of the College community from attempting to resolve matters informally.  Failure to cooperate with the College’s investigation of an alleged Code of Conduct violation, including failing to appear for an Administrative Resolution meeting or a Student Conduct Board Hearing will result in discipline of the Student by the CCA and a forfeiture of their rights to a hearing or appeal.

A. Step 1: Initiation of Student Conduct Process

The Student Conduct Process is initiated once a complaint of an alleged violation is received by the CCA. A complaint is defined as an allegation of a violation of the Code of Conduct, which is filed with or by the CCA.  The CCA may act on a complaint of a potential violation whether a formal complaint form is completed or not.

B. Step 2: Preliminary Inquiry

When the CCA files or receives a complaint alleging that a student has acted in a manner which may be in violation of the Code, the CCA may conduct a preliminary inquiry into the nature of the complaint, the evidence available, and the parties involved. The preliminary inquiry may lead to:

1. A determination that there is insufficient evidence to pursue the investigation because the behavior alleged, even if proven, would not violate the Code and therefore the process ends; or
2. A determination that the alleged behavior constitutes a possible violation of the Code, resulting in a request to schedule an Administrative Resolution meeting with the CCA within five (5) days; or
3. Further investigation is needed to make a determination.

C. Step 3: Administrative Resolution

After a Preliminary Inquiry, or when a Preliminary Inquiry is not necessary as determined by the CCA, the CCA will meet with the Student to review the complaint, and provide the Student an opportunity to respond to the allegations.

The Student has the right to be accompanied by any advisor of their own choosing and at their own expense. The advisor may be another student, faculty member, administrator, or an attorney. An advisor’s role is limited to advising the Student directly and discretely.  An advisor is not otherwise permitted to participate directly in the meeting.

The possible outcomes of an Administrative Resolution meeting include:

1. A decision not to pursue the complaint based on insufficient information. The matter should be closed and the records should so indicate;
2. The Student and the CCA reach a mutually agreed upon resolution to the complaint; or
3. If no mutually agreed upon resolution is reached, the complaint is referral to a Student Conduct Board Hearing.

Under certain circumstances during the Code of Conduct process, interim measures may be imposed by the CCA including, but not limited to: no-contact orders, restriction/loss of privileges, or interim suspension, in a manner consistent with this Code.

An Administrative Resolution is reached only upon the mutual agreement of the CCA and the Student. By accepting an Administrative Resolution, the Student waives their right to a hearing before the Student Conduct Board or an appeal.  An Administrative Resolution shall be put in writing by the CCA, copied to the Student and maintained in a Student’s disciplinary file. If the CCA and the Student cannot agree on an Administrative Resolution the matter proceeds to a Student Conduct Board hearing.

Failure by the Student to appear for an Administrative Resolution meeting with the CCA will result in discipline of the Student by the CCA and a forfeiture of their rights to a hearing or appeal.

D. Step 4: Student Conduct Board Hearing

1. Overview

   A hearing with the Student Conduct Board shall be scheduled by the CCA not later than thirty (30) days following a Student’s request for a hearing.  If no hearing is requested, the hearing shall be scheduled by the CCA no later than thirty (30) days from the date of the Administrative Resolution meeting.

   A written Statement of Charges shall be presented to the Student not less than five (5) days prior to the hearing. The Statement of Charges shall include a summary of the complaint, administrative or remedial steps taken, the Code of Conduct Charges, and the documentary evidence and witnesses to be presented in support of the Statement of Charges.  A Student Conduct Board hearing is an administrative hearing.  The rules of evidence do not apply.

   In a matter involving more than one Student, the Student Conduct Board may permit at its discretion individual hearings for each Student.

   The Student has the right to be accompanied by any advisor of their own choosing and at their own expense. An advisor’s role is limited to advising the Student directly and discretely.  An advisor is not otherwise permitted to participate directly in the hearing.

2. Make-Up of the Conduct Board

   The Conduct Board shall consist of 3-5 members selected by the CCA.  The CCA shall appoint from the members a Chair of the Conduct Board, who shall be responsible for administering the hearing.  In cases involving academic dishonesty, the Conduct Board members may include faculty, although not from the department where the alleged conduct occurred.

3. Student Conduct Board Hearing Procedure

A hearing is normally conducted in private. There shall be a record created of all hearings.  The record shall be the property of the College. All procedural questions are subject to the final decision of the Chair of the Student Conduct Board. Admission of any person(s) to the hearing shall be at the discretion of the Chair of the Student Conduct Board.

A hearing shall proceed as follows:

1. The CCA presents the Statement of Charges on behalf of the College.The CCA may present documents, materials and/or witnesses in support of the Statement of Charges.
2. Student responds to the Statement of Charges.The Student may present documents, materials and/or witnesses in response to the Statement of Charges.
3. Following the parties’ presentations, the Student Conduct Board may question each party, their witnesses and/or review all information presented.The Student Conduct Board has the discretion to request additional documents, materials or information from either party.
4. While direct cross-examination by the parties is not permitted, each party will be given the opportunity to question the other by presenting questions through the Chair of the Student Conduct Board.If the Chair determines a question is relevant, the other party will be asked to respond.
5. The Student Conduct Board shall have a final opportunity to question the parties.
6. After the hearing, the Student Conduct Board shall determine by majority vote whether the Statement of Charges has been proven.
7. A Student Conduct Board’s decision shall be based on a preponderance of evidence standard.
8. Within fifteen (15) days of the conclusion of a hearing, the Student Conduct Board shall issue a written decision that includes a summary of the hearing, findings on each charge contained in the Statement of Charges, the evidence supporting each finding, and disciplinary action taken, if any.

E. Step 5: Sanctions

A student found in violation of the College’s Code of Conduct shall be subject to sanctions as defined herein. 

A student who violates the Code of Conduct while serving an existing sanction shall be subject to further discipline, up to and including expulsion.  The intent of the College is to impose sanctions in a progressive manner, beginning with the least punitive sanction. However, depending on factors, such as the nature and severity of a student’s violation and/or prior disciplinary history, the College reserves the right to impose any sanction at any time.

F. Step 6: Appeal

Within five (5) days of receiving a written decision, the Student may file an appeal with the College’s Appeals Officer.  In cases of academic dishonesty, the Appeals Officer shall be the College’s senior academic officer or designee.

An appeal must be submitted in writing and be based on a credible claim that:

1. The hearing was not conducted in conformity with the Code of Conduct;
2. The decision was not supported by a preponderance of the evidence presented;
3. The sanction imposed was not appropriate in light of the Student Conduct Board’s decision; or
4. New evidence exists, which was not presented at hearing because it was not reasonably known to the Student at that time, and which is sufficiently relevant such that it could alter the Student Conduct Board’s decision.

The Appeals Officer shall issue a written decision within ten (10) days of receiving the appeal.  The Appeals Officer may accept, reject, or modify the Student Conduct Board’s decision or sanction. The Appeals Officer’s decision shall be final.