Due Process Procedure

Policy 3.43
 

  1. Introduction

    1. The fundamentals of Due Process shall be provided for students charged with violations of College codes, rules, regulations, policies or procedures. Responsibility for the disciplinary procedure shall rest with the Dean of the area where the violation occurred.
    2. Students shall have the right to be accorded Due Process in all disciplinary actions resulting in a change of their social or academic status at Glen Oaks Community College. It is with this spirit that the following procedure has been established.
  2. Definitions

    ACADEMIC: A decision to limit the number of credit hours which a student takes

    PROBATION: in any one semester until he/she improves their point average to a stated level.

    APPEAL FORM: A form to be used by the student to appeal a decision by the trier of the fact.

    DISCIPLINARY PROBATION: A decision to suspend a student’s privileges.

    DISCIPLINARY RECORD: A summary of the action taken during a particular case, including the disposition thereof.

    DISMISSAL: A decision which permanently suspends a student from College.

    EVIDENCE: Any species of proof, or probative matter, presented at the hearing of an issue by one of the parties, through the medium of witnesses, records, documents, concrete objects, etc., for the purposed of inducing belief in the minds of the trier of fact.

    GUILTY: A verdict of the trier of fact which indicates that there has been a violation of the college code, rule, regulation, policy or procedure.

    HEARING DISPOSITION SHEET: A record of the disposition which was made after a hearing of the case.

    INCIDENT REPORT: A report of the incident in which a student allegedly violated College code, rule, regulation, policy or procedure.

    NOTICE OF/ VIOLATION OF: Written notification to a student which states specifically the alleged violation of a College code, rule, regulation, policy or procedure.

    COLLEGE REGULATIONS PROBATION: A decision to permit a student who has been deemed guilty by the trier of fact to remain in the College as long as the stated conditions are achieved by the student.

    REPRIMAND: An official written censure.

    RESTITUTION: The restoration of anything to its rightful owner; the act of making good or giving equivalent for any loss, damage or injury; indemnification.

    SUSPENSION: A decision which dismisses a student from the College community for a specified period of time, or until a stated condition is attained.

    TRIER OF FACT: Persons who are appointed to hear and decide the student’s case, i.e., the Dean, who issues the notice, the Due Process Hearing Committee, the Appeal Board or the College President.

    WAIVER OF HEARING: A form which is utilized by a student who desires to waive his right to a hearing before a trier of fact.

    WARNING: An official written reprimand which stipulates that further violations of College code, rules, regulations, policies or procedures within a specified period of time may result in more severe disciplinary actions.
  3. Accusation

    1. Notice: Any student accused of violating any of the College codes, rules, regulations, policies or procedures shall be notified in writing by the Dean of the College, the Dean of Student Services or the Dean of Finance and Administrative Services (notified official based on nature of offense) in the following manner:

      1. The notice shall be in writing and hand delivered to the student or sent by certified mail to the student’s last known address, which the student has left with the Registrar’s office.
      2. The notice shall specifically set forth the alleged violation(s) of the College code, rule, regulation, policy or procedure.
      3. The notice shall have attached to it a copy of the Due Process Procedure which is set for the herein.
      4. The notice shall set forth a forewarning of the possible consequences (recommended action) if the student is found to have committed the violation(s).
      5. The notice shall offer the opportunity for a scheduled meeting between the student and the Dean, who issued the notice. This meeting should take place within five days after the student’s request for the meeting in writing.
      6. Neither the student nor the Dean, who issues the notice, shall have the right to be represented by an attorney at this initial conference.
    2. Failure to Appear: If a student fails to appear at the assigned time and date for his/her meeting with the Dean and fails to advise the Dean prior to that scheduled meeting that he/she cannot be present at the assigned time and date, disciplinary action, which may include suspension or termination of the student’s registration at Glen Oaks Community College, may be imposed by the Dean.
    3. Student Conference: At the conference with the Dean, the student shall be informed of (1) the alleged violation of a College code, rule, regulation, policy or procedure, (2) his/her rights under the Due Process Procedure, (3)his/her right to a hearing, (4) his/her right to be represented at that hearing by an attorney, and (5) his/her right to an appeal to a decision made at that hearing, and (6) his/her waiver of the right to a hearing. The Dean shall inquire of a student as to how he/she pleads to the alleged violations. The student may admit the alleged violation of the codes, rules, regulations, policies, procedures; deny the alleged violation; or stand mute. If a student denies the alleged violation or stands mute, the matter shall go to a hearing. If the student admits the allegation, the Dean may impose such discipline as shall be appropriate under the circumstances.
  4. Hearing

    1. Forum: If the student desires a hearing, that hearing shall be before either 1) the Dean handling the situation or before 2) the Due Process Hearing Committee for Violations of Code of Conduct. The student must request the hearing in writing before either 1 or 2 aforementioned. This request must written and submitted to the Dean, who issued the original notice, in writing no longer than five (5) days after the student-Dean conference.
    2. Plea: At the hearing the student may either (1) admit the alleged violation of the codes, rules, regulations, policies, or procedures or (2) deny the alleged violations(s).
    3. Burden of Proof: If the student denies the alleged violation(s), the administration shall have the burden to present such evidence as they may have of the alleged violation(s). Thereafter, the student may present any evidence that he/she desires to disprove the alleged violations(s).
    4. Not Guilty: If the student is found not guilty, no action shall be taken by the administration. The case will be filed in the Student Services Office and no record thereof will be filed in the student’s records.
    5. Guilty: If the student is found guilty, the student shall be notified in writing of the penalty (hearing opinion). Thereafter, the student must comply with the penalty which is imposed.

Per Policy 3.24, there is no grade appeal beyond the Dean of Academics & Extended Learning.
 

July 1992, (Position titles updates 7/2002), revised 9/14/05, 9/17/14.