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Student Due Process Hearing Procedure

Student Due Process Hearing Procedure

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Name:  Due Process Hearing Procedure
Original Date: 1/20/20
Revised Date: 10/7/24
Initiator/Author: Chief Academic Officer, Student Conduct Designee, and the Academic Integrity Committee.

Students assigned disciplinary action or charged with Code of Conduct violations may use the Due Process procedure to provide an opportunity to have their violation charges and disciplinary sanctions reviewed. This process begins when students have exhausted the options for resolving their concern(s) within the division or office of the college official rendering the discipline, following the initial student complaint/grievance process, viewable at Consumer information – St. Clair County Community College (sc4.edu). The Due Process procedure can involve a review by the Student Conduct Designee and/or a formal hearing.

Eligibility:

In order for a student to enact the Due Process Hearing procedure, the student must first exhaust all options for resolving the issue by following the Student Complaint Procedure. This requires the student to first meet with the Faculty/Staff Member that assigned the disciplinary action/code of conduct sanctions that the student is attempting to appeal. If resolution fails to occur, the student then is to meet with the Department Chair, and again exhaust all options for coming to resolution. If attempts to resolve the issue remains unsatisfactory, the student can make an appointment to meet with Chief Academic Officer, and again attempt to resolve the student’s concerns/grievance. Please refer to the Student Complaint Policy and Procedure listed at Consumer information – St. Clair County Community College (sc4.edu).  If student is still unsatisfied with the outcomes of completing the student complaint procedure, the student is then eligible to enact the Due Process Hearing Procedure.

If the student is still unsatisfied after meeting with the Chief Academic Officer within the student complaint process, the student can submit the Student Dispute of Alleged Violation and/or Disciplinary Action form in order to enact the Due Process Hearing Procedure. The Student Dispute of Alleged Violation and/or Disciplinary Action form must be submitted to the Student Conduct Designee within 5 college workdays of meeting with the Chief Academic Officer. For example, if a student meets with the Chief Academic Officer on a Monday, Student can submit the form through end of day Monday the next week (assuming the college is open all week).

The form can be submitted in person or via email to the Student Conduct Designee. If submitted on time, the Student Conduct Designee will begin the following procedure:

Procedure:

  1. The Student Conduct Designee, along with the student, shall meet to conduct the following:
  2. Ensure the student has completed the Student Complaint Procedure for attempting to resolve the student’s concerns/grievances. This requires written confirmation from all of the met designated representatives, confirming they’ve met with the student, attempted resolve with the student, in addition to confirming the student followed through on all reasonably requested actions for resolution. Confirmations are to be sent to the email of the Student Conduct Designee. All confirmations must be submitted in order for the Due Process Procedure to proceed.
  3. The Student Conduct Designee shall be responsible for explaining the procedure to the student and scheduling necessary meetings.
  4. At the time the appeal is filed, the Student Conduct Designee will review the time limitations for each step and outline time deadlines for the Due Process Hearing.
  5. Understanding that the student may be appealing the disciplinary action assigned by the Student Conduct Designee, if requested by the student and feasible, the Student Conduct Designee will assign another college staff member to assist the student with the appeal process, and to run the Due Process Procedure. The decision of who else to assign as the stand-in facilitator, is the decision of the Student Conduct Designee solely. If another facilitator is requested, the College has within 10 working days to schedule the due process hearing to accommodate the change in staff.
  • 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.
  • The Judicial Board of the College will be convened within five (5) College workdays following the request for the hearing when possible. If the student has requested a separate advisor, the College has within 10 working days to schedule a hearing to accommodate the change in staff. The Board shall hear cases referred to it by the Student Conduct Designee.
  • The Judicial Board of the College shall consist of three members:

– One student randomly selected by the Student Conduct Designee. Every attempt shall be made to select students from the class or a similar class when the incident is class-related.

– In an appeal resulting in a dismissal or suspension, the student member shall be replaced by the Chief Academic Officer (or designee).

– One Faculty member – If the complaint is related to discipline by a faculty member, the Student Conduct Designee or Chief Academic Officer will designate a faculty member from a different division. 

– One Staff Member – If the complaint is related to discipline by staff, the Student Conduct Designee will designate a staff member from a different department.

  • If a Judicial Board is convened, the following shall apply:
    • Procedure for the Judicial Board Hearing:
      • The Student Conduct 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 Student Conduct Designee upon completion of the review. The Student Conduct 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.
      • Student’s Witness Case: Student witness (optional) may present in support of the student for up to 5 minutes uninterrupted.
      • Faculty/Staff Member’s Witness Case: Faculty/Staff member witness (optional) may present in support of the faculty/staff member for up to 5 minutes uninterrupted.
      • 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 Student Conduct Designee who has the final decision to approve/deny modifications.
    • When testimony is completed, the members of the Judicial Board, exclusive of the Student Conduct 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 workdays 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 Student Conduct Designee with a written decision concerning the changes and discipline.  The Student Conduct 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.

Please reference the following form (Timetable of Due Process Resolution Procedure – Exhibit A) for more details and when enacting the Due Process Hearing Procedure, viewable at Consumer information – St. Clair County Community College (sc4.edu).