Reporting of Violations

Any administrative official, faculty member, or student may file charges through the Director of Student Servic against any student for an alleged violation of the Student Code of Conduct, Rights and Responsibilities.

A student may be suspended prior to a formal disciplinary hearing by the president of the college or designee. This action may be imposed only to ensure the safety and well-being of members of the college community or for the preservation of college property; to ensure the student’s own physical or emotional safety and well-being; or if the student poses a definite threat of disruption of or interference with the normal operation of the college. During this time students shall be denied access to the campus (including classes) and/or all other college activities or privileges for which the student might otherwise be eligible. Students shall not normally be given any special considerations because of their separation from the college (i.e., make-up tests, refund of fees, etc.); however, any individual suspended under this emergency measure retains his/her rights of due process.

Administration of Discipline
The administration of discipline will guarantee procedural fairness and due process to an accused student. Practices in disciplinary cases may vary in formality with the gravity of the offense and the sanctions which may be applied. Each particular case will be judged by its own merits. Procedural due process requires that the student be informed of the nature of the charges, that a fair opportunity to refute them be given, and that there be provisions for appeal of a decision.

In cases involving infractions not likely to result in final disciplinary probation, suspension, or expulsion, the Associate Vice President of Student Affairs has the primary responsibility for the administration of student discipline.

If the Associate Vice President of Student Affairs believes, after review and investigation of the charges, that the charges have merit, the Associate Vice President of Student Affairs will schedule an appointment with the student for an information session. At this session the Associate Vice President of Student Affairs will explain to the student:

1. The disciplinary procedures as printed in the Student Code of Conduct, Rights and Responsibilities, including information relevant to the student’s rights, hearing procedures, and sanctions.
2. The charge(s) and the information which the Associate Vice President of Student Affairs has obtained pertinent to the charge(s). The student will have the opportunity to respond to this information.
3. The Associate Vice President of Student Affairs may then state what sanction(s), if any, are appropriate for the violation; a second meeting for this purpose may be scheduled.

The Associate Vice President of Student Affairs will always attempt to resolve cases involving less serious infractions at this level; however, at his/her discretion, the Associate Vice President of Student Affairs may decline to rule on the case and elect to refer the case to the Student Disciplinary Committee or confer with the Behavioral Intervention Task Force at any time for a recommendation. Furthermore, as each disciplinary problem has unique characteristics which are often unforeseeable and thus cannot be adequately planned for, the Associate Vice President of Student Affairs, at his/her discretion and in keeping with the spirit of fairness and due process, may, without prior written notice, alter any of the policies and procedures contained in the Student Code of Conduct, Rights and Responsibilities, in order to best expedite the handling of any particular case.

Other college personnel may use discretion in performing flexibly within the guidelines stated in the Student Code of Conduct, Rights and Responsibilities. In all cases, deviation from the guidelines stated will be in the interest of fairness and/or the effective handling of a case or cases.

Disciplinary Options
Once the Associate Vice President of Student Affairs has stated the sanction, the student will choose one of the following options:

1. To accept the decision of the Associate Vice President of Student Affairs. In such a case, the student will sign a statement waiving both his/her right to a hearing and right to appeal the decision. Once the statement is signed, the decision is final.
2. To have a formal hearing before the Student Disciplinary Committee.

Student Disciplinary Committee Request
In cases in which the student has chosen option two above, or in cases involving more serious infractions possibly resulting in final disciplinary probation, suspension, or expulsion, the Associate Vice President of Student Affairs will schedule a Student Disciplinary Committee hearing. The time set for the hearing shall not be more than ten school days after the student has been notified. Maximum time limits for scheduling of hearings may be extended at the discretion of the Associate Vice President of Student Affairs.

If the student cannot be contacted or fails to attend the information session, the Associate Vice President of Student Affairs may set a time for a hearing on the charge(s) and will attempt to orally communicate the time for the hearing to the student through normal and reasonable communication channels. If the student cannot be reached, the Associate Vice President of Student Affairs will send a certified letter, return receipt requested, to the current address provided by the student.

It is the student’s responsibility to attend the hearing of the Student Disciplinary Committee. If the student has been informed and does not attend, the hearing will proceed without the student.

It is the student’s responsibility to see that his/her witness or witnesses appear at the hearing. Failure of the student’s witness(es) to attend shall not be grounds for a postponement of a hearing.

Student Disciplinary Committee
This committee consists of faculty and administrative personnel appointed by the Governance Council and approved by the President of the College and student(s) selected by the Student Government Association.

The Student Disciplinary Committee chair will preside over the hearing. The chair is charged with the responsibility for maintaining proper decorum and order, and may exclude any person who, in the chair’s opinion, has no legitimate interest in the hearing or whose conduct impedes or threatens to impede a fair and orderly hearing.

Each committee member shall have one vote. No member of the disciplinary committee, who has a personal interest in a particular case other than through his assigned duties, should sit in judgment during the proceedings.

If a student challenges a committee member for cause or if it is felt there may be a conflict of interest, the chair shall have the right to excuse any faculty, administrative, or student member of the committee at any time.

Student Disciplinary Committee Hearings
The recommended procedure for a committee hearing is as follows. The chair may use discretion in ordering hearings:

1. Introduction of participants.
2. Explanation to the charged student(s) as to how the hearing will be conducted and how a decision will be reached, as well as to apprise the student of his/her responsibility to be truthful in his/her testimony and in the presentation of witnesses.
3. Reading of charges.
4. Associate Vice President of Student Affairs summary of findings resulting from his/her investigation.
5. Student’s response to charges and findings.
6. Introduction of written evidence and testimony of witnesses with questions from committee and student(s) charged.
7. Questioning of the charged student(s) by the committee.

Closing statements.

1. The following hearing procedures satisfy the requirements of “due process”:
   The accused student has the right to be assisted by an advisor of his/her choice, at his/her own expense. The accused is responsible for presenting his/her own case and, therefore, advisors are not permitted to speak or participate directly in any hearing before a judicial body. If an advisor is to be present at the hearing, the student must notify the Associate Vice President of Student Affairs at least three days prior to the hearing.
2. The burden of proof will rest upon the person or persons bringing the charge.
3. The student will be considered innocent until the Student Disciplinary Committee determines otherwise beyond a reasonable doubt.
4. The student will have the right to testify and to present evidence and witnesses. The student will have the right to examine evidence and to hear and question all witnesses during the hearing only.
5. The committee will insure, to the maximum extent possible, that all questions asked and information offered are relevant to the question of guilt or innocence.
6. All matters upon which the decision may be based must be introduced into evidence at the proceedings before the Student Disciplinary Committee. The decision will be based solely upon such matters.

At the conclusion of the fact-finding portion of the hearing, participants will be excused and, in a closed session, the committee’s decision will be rendered. If the accused student admits guilt during the fact-finding portion of the hearing, the committee will immediately go into the penalty-recommending portion of the hearing. The decision of the Student Disciplinary Committee is final. The committee chair will communicate the decision, in writing, to the President of the college and to the student.

There shall be a single, verbatim record, such as a tape recording, of all hearings before the Student Disciplinary Committee. The committee’s discussion of the evidence prior to its rendering a decision is not required to be recorded. The record shall be the property of Chipola College. Accidental recording losses due to technical problems shall in no way invalidate the committee’s decision.

Sanctions (Punishment)
With the exception of the warning (which, as indicated below, may be imposed without the establishment of student guilt), the following sanctions may be imposed upon students found guilty of a violation of the policies in the Student Code of Conduct, Rights and Responsibilities.

1. Warning—Notice, orally or in writing, warning the student to refrain from violations of the Student Code of Conduct, Rights and Responsibilities. Clear establishment of student guilt or previous violation of the Student Code of Conduct, Rights and Responsibilities is not necessary for a warning to be issued.
2. Censure—A written reprimand for violation of specified regulations, including the possibility of more severe disciplinary sanctions in the event of the finding of a violation of any institution regulation within a stated period of time.
3. Restriction or Revocation of Privileges—Temporary or permanent loss of privileges, including, but not limited to, the use of a particular college facility, the use of campus computers, or parking privileges.
4. Restitution—Reimbursement for damage to, or misappropriation of, property of the college, students, staff, or others on campus. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.
5. Disciplinary Probation—A disciplinary sanction serving notice to a student that his/her behavior is in serious violation of college standards and that continued enrollment depends upon the maintenance of satisfactory citizenship during the period of probation. A time period is indicated for this probation. Students will be released from the Disciplinary Probation status after the specified time period has elapsed.
6. Final Disciplinary Probation—A disciplinary sanction serving notice to a student that his/her behavior is in flagrant violation of college standards and one of the following conditions exists:
   a. The sanction is for the remainder of the student’s enrollment at the college.
   b. Another conviction of a violation of the Student Code of Conduct, Rights and Responsibilities will result in the imposition of the minimum sanction of suspension.
7. Suspension—Mandatory separation from the college for a period of time as specified in the order of suspension. A student who has been suspended is barred from attending or enrolling in any classes at Chipola College during the suspension. Students may reenroll at the college when the suspension order has elapsed.
8. Expulsion—Mandatory separation from the college with no promise of future readmission. Readmission is subject to the approval of the administration of the college.