Student Due Process Hearing Procedures – Exhibit C

1. The Director of Academic Support and Student Conduct shall be responsible for explaining the procedure to the student and scheduling necessary meetings.
   • At the time the appeal is filed, the Director of Academic Support and Student Conduct will review the time limitations for each step and outline time deadlines for the Due Process Hearing.
   • If requested by the student and feasible, the Director of Academic Support and Student Conduct will assign an advisor or other college staff member to assist the student with the appeal process.
2. The time limitations for any step in the process may be modified and/or extended by mutual consent of the parties involved. College workdays are defined as Monday through Friday when the College is in session. The
   time deadlines for each step of the process shall be 4:30 p.m. of the last day in which to process the request.
3. The Judicial Board of the College will be convened within five (5) College workdays following the request for the hearing when possible. The Board shall hear cases referred to it by the Director of Academic Support and Student Conduct (or
   designee).
4. The Judicial Board of the College shall consist of:
   • The Director of Academic Support and Student Conduct (or designee) as facilitator (non-voting).
   • One student randomly selected by the Director of Academic Support and Student Conduct (or designee). Every attempt shall be made to select students from the class or a similar class when the incident is class related.
   • In appeals from dismissals or suspension, the student member shall be replaced by the Chief Academic Officer (or designee).
   • If the complaint is related to discipline by an instructor/faculty member, the Director of Academic Support and Student Conduct or Chief Academic Officer may appoint one faculty member from outside of that division.
   • If the complaint is related to discipline by staff, the Director of Academic Support and Student Conduct (or designee) will designate or select a faculty or staff member.
5. If a Judicial Board is convened, the following shall apply:
   • Procedure for the Judicial Board Hearing:
     • The Director of Academic Support and Student Conduct (or designee) will convene the Judicial Board Committee, serve as the chairperson, review the written appeal and related material, describe the function and
       procedures of the Judicial Board Committee and preside over the hearing. The Judicial Board Committee will have the opportunity to review the written appeal documentation at the Hearing and then return said documentation to the Director of Academic Support and Student Conduct upon completion of the review. The Director of Academic Support and Student Conduct (or designee) will also be responsible for keeping time of the student, faculty/staff member and/or witness(es) times to speak during the proceedings.
     • The hearing will be closed to all but the parties concerned; however, the Judicial Board (as well as the student and staff members involved) may request one individual to testify as to the specifics of the alleged violation/complaint. Such witness shall be limited to persons with actual knowledge of the specific incident under dispute. Also, the student and/or the staff member may request an additional person (legal counsel/attorney not allowed) to be present at the hearing for the purpose of advice and support. Such support person shall not participate in the proceedings, but are available only for consultation with the party they are supporting.
   • Conduct of the meeting:
     • Meeting: Once convened, the Judicial Board shall consider the facts and circumstances of the violation(s) and discipline. Witnesses providing validation of the specifics of the appeal will only be
       present during their own period of testimony.
     • Student’s Case: The student shall present his/her case without interruption, including the presentation of factual evidence and the calling of persons providing validation of the specifics of the incident, violation and appeal. A maximum of 5 minutes shall be allowed for the initial presentation of facts.
     • Faculty/Staff Member’s Case: The faculty/staff member shall present his/her case without interruption, including the presentation of factual evidence and the calling of persons providing validation of the specifics of the incident, violation and appeal. A maximum of 5 minutes shall be allowed for the initial presentation of facts.
     • Questioning: The questioning phase is to facilitate the understanding of the complaint, discipline,
       and appeal. After both parties have presented their case, the student has the right to question the faculty/staff member and/or his/her witnesses. Following this, the faculty/staff member shall have the right to question the student and/or his/her witnesses. Maximum of 5 minutes is allowed.
     • Judicial Board Questioning: Following this questioning period, members of the Judicial Board shall have the right to direct questions to either party or their witnesses or to request additional information. Maximum of 5 minutes is allowed.
     • Modifications to the hearing process may be requested by the Judicial Board and must be approved by the Director of Academic Support and Student Conduct (or designee) who has the final decision to approve/deny
       modifications.
   • When testimony is completed, the members of the Judicial Board, exclusive of the Director of Academic Support and Student Conduct (or designee), shall enter into deliberations, which will be conducted in private and shall remain confidential.
     • The Judicial Board shall consider only evidence presented during the hearing when making its decision or additional evidence requested by them.
     • The Judicial Board shall then reach a decision on the merits of the student’s due process appeal of charges and discipline within five (5) College work-days of the conclusion of the hearing.
     • The Judicial Board’s decision shall be to support or change the existing discipline and to support or refute the charges. The Judicial Board may provide any recommendation as needed to either the
       faculty/staff member and/or the student.
     • The decision of the Judicial Board must be unanimous; failing a unanimous decision, no action shall be taken and the disciplinary action and charges stand. The votes on these decisions shall be by
       secret ballot.
     • Students may appeal to the President of the College in cases where they have been permanently dismissed/expelled from the College.
     • Judicial Board decisions are final; however, the President of the College may review cases and alter
       decisions.
   • The Judicial Board shall provide the Director of Academic Support and Student Conduct (or designee) with a written decision concerning the changes and discipline. The Director of Academic Support and Student Conduct (or designee) shall provide a
     letter relating the Judicial Board’s decision to all parties concerned within five (5) College work-days of the conclusion of the hearing.
   • The decision of the Judicial Board shall be implemented within five (5) College days of the conclusion of the hearing.

When a student is banned from campus, notification to faculty/staff is noted in the student information system. Campus Patrol and the faculty currently teaching the student are notified immediately upon the final decision.

Please note: Failure of the complainant to respond within the time guidelines noted above shall be deemed to be incontestable evidence that the alleged violation/complaint has been settled satisfactorily; lack of response within
the time limits provided shall concede the alleged violation/complaint.