THE JUDICIAL SYSTEM & PROCEDURAL RIGHTS
Judicial Process A. Reporting Violations 1. Any student, staff, faculty, community member, or
Police officer may report any perceived violation of this Code
and/or College policies and procedures. The report may be made to
the Juniper Hall Housing Manager, if the perceived violation
occurred in the residence halls, or to the Office of Student Life.
Perceived criminal activity should be reported immediately to the
Office of Campus Services or the Police, which will submit its
report of a student violation to the Office of Student Life.
2. The Office of Student Life or designee may decline to adjudicate
a complaint that if proven, would not constitute a violation of the
Code. All other complaints will be adjudicated.
3. When the Office of Student Life or designee decides to
adjudicate a complaint, it may do so by a pre-hearing disposition
of the charge with the student or by adjudicating the matter
through the student judicial process.
4. The Office of Student Life may elect to wait for any outstanding
incident report before adjudicating a complaint. For example, the
Office of Student Life may elect to wait for a Police report when
it believes that the police report will provide significant
relevant information.
B. Interim Suspension
Generally, student status is not altered pending hearing and
appeal, unless preliminary evidence demonstrates that a student's
continued presence on campus would pose a threat to the student's
health or safety, or the health, safety, or well-being of other
persons within the College community, in which case, the student
may be suspended on an interim basis. Except in an emergency
situation, the Dean of Students or designee will communicate with
the student before instituting the suspension. The Dean of Students
or designee will state, in writing, the terms and conditions of the
interim suspension.
C. Notice
A student charged with violating a College policy or
rule shall be given written notice to meet with the Director of
Student Life or designee at a specific time, date and place for a
conference regarding a charge of misconduct.
D. Required Attendance
Failure on the part of the student to meet as requested for an
informal or formal hearing may result in a decision being made in
the student's absence. The student shall be notified of this
decision by certified return mail. Records, registration and
transcript details may be held in abeyance until the student
follows up on a Notice to Appear.
E. Victim Notification
Upon request of a victim (or victim's next of kin,
if the victim is deceased as the result of the offense) of a
violent crime or a sex offense, COCC will provide a report on the
results of any disciplinary proceedings against a student who is
the alleged perpetrator of the offense.
F. Hearings
There are two levels of hearings, informal and formal.
The informal hearing shall be held for all misconduct cases. The
results of these hearings will be considered binding when the
decision of the hearing officer calls for a disciplinary action
that does not include expulsion from the college or eviction from
Juniper Residence Hall. If the student claims responsibility for
actions or there is overwhelming evidence of student responsibility
during the informal hearing process, the result could include
indefinite or long-term suspension.
Formal hearings are held where alleged misconduct could result in
such disciplinary action as final expulsion, indefinite or long
term suspension from the college or eviction from Juniper
Hall.
1. Informal Hearings
The Director of Student Life or designee shall conduct an informal
hearing with the student at which time the College official
shall:
a. Review the charges with the student.
b. Review the incident report or other documentation upon which the
charges are based
c. Review the possible disciplinary action that could be taken if
found guilty.
d. Provide the student an opportunity to respond to the
charges.
e. Discuss the charges and the student's response. The student
shall be given an opportunity to plead responsible or not
responsible to the charges.
f. Inform the student of his/her decision with respect to the
charges within 2 business days of the conference via a written
decision letter. Possible actions that would result from the
informal hearing include but are not limited to:
• Dismiss the charges.
• Assign sanctions.
• Order restitution.
• Order probation.
• Order a summary suspension.
• Order a formal hearing.
g. The written decision of the conference will notify the student
that s/he has a right to appeal that decision to the Dean of
Students within five (5) business days from the date the hearing
decision was received. Please see below for further information on
appeals.
2. Formal Hearings
Formal hearings are held in cases where alleged misconduct could
result in such disciplinary action as final expulsion, indefinite
or long-term suspension from the College. The President or designee
will appoint the Hearings Officer. The procedural requirements are
as follows:
Notice: The written notice of the formal hearing shall inform
the student of:
• The policy or regulation alleged to have been violated in
sufficient detail to allow the student to prepare a defense.
• The possible disciplinary action to be taken.
• The right not to be compelled to testify against oneself.
• The right to a hearing as established under these disciplinary
procedures.
• The right to examine the evidence, hear all testimony and to ask
questions of witnesses appearing and testifying against him/her and
to offer witnesses and evidence in his/her behalf. Such evidence
must be requested 48 hours before the hearing
• The right of an advisor of his/her choice, at his/her own
expense, acting in an advisory capacity only. The name and address
of the advisor shall be provided to the office of Student Life no
later than 24 hours prior to a hearing. The advisor is not
permitted to speak at the College hearing.
• The right to enter a plea of responsible or not responsible
within three school days after the charge. If the student fails to
enter a plea within three school days, a plea of not responsible is
entered and a hearing date being set by the Hearings Officer.
• The right to bring witnesses to the hearing. A witness is a
person who has personal knowledge of the incident at issue.
Character witnesses are considered irrelevant and will not be
permitted to testify. A person who serves as a witness may not
serve in any other capacity during the hearing. The student must
submit a list of witnesses to the hearing officer 24 hours in
advance of the hearing. The list should include each witness' name
and a summary of the witness' expected testimony. It is the
student's responsibility to bring his/her witnesses to the hearing
at the scheduled date and time.
3. Hearing Procedures
The purpose of a hearing is to review all the facts and to consider
testimony, both written and oral, in an effort towards determining
whether or not College policy has been violated and whether or not
the student should be disciplined, and if so, what disciplinary
action should be taken.
a. Closed Hearing. All proceedings are closed, except that an
alleged victim(s) may be given permission by a hearing officer to
attend. Those present in the hearing room will be the Hearing
Officer, college staff recorder, the student's advisor, and the
student involved in the action. In addition, witnesses will be
interviewed individually.
b. Unbiased Adjudicator. Hearing Officers must remove themselves
from hearing a case if they believe that they cannot be unbiased.
Respondent will be notified of the hearing officer(s) who will
consider the Charge at least 3 business days before the hearing. If
respondent or other interested party believes the hearing officer
cannot be unbiased, s/he must write to the Dean of Students in the
Office of Student Life to request a replacement, stating the
specific reasons s/he believes the hearing officer would be biased.
The written request must be made a minimum of 2 business days
before the hearing is scheduled to be held. If the Dean of Students
agrees, s/he will reassign the Charge to a different Hearing
Officer, but the hearing date will remain unchanged if
possible.
a. Hearing Record. The hearing officer will make a record of the
hearing. If the College deems it appropriate, the hearing will be
audio tape recorded. The recording will remain on file in the
Office of Student Life.
b. Maintaining Order. The hearing officer is responsible for
maintaining order during the hearing. The hearing officer may take
all steps reasonably necessary to ensure an orderly hearing.
c. Presenting Evidence/Questioning Witnesses. The student will have
an opportunity to present relevant information and witnesses in
response to the Charge. The student will have the opportunity to
examine all information leading to the charge(s) and to respond to
all witness testimony. The hearing officer will question witnesses.
The student may not question witnesses directly, but may submit
questions to the hearing officer, who will decide which, if any, of
the questions to ask witnesses. Witnesses who have already
testified may not talk with witnesses who have not yet
testified.
d. Requesting Evidence. The student or the hearing officer may
request the presence of relevant witnesses. If an alleged victim or
a witness is not present at the hearing, his/her presence can be
requested.
e. Sexual Offenses. A victim of an alleged sexual offense or
assault may testify via an intercom or other remote audio or video
device, so that s/he may testify without face-to-face contact with
the accused student. The identity of all witnesses who testify must
be known to the accused student. In no event may testimony via
intercom or other remote device be used to keep the alleged
victim's identity from the accused student.
f. Anonymous Evidence/Evidence Received Outside the Hearing. The
hearing officer will refuse to accept or hear any evidence coming
from an anonymous source or evidence which is presented outside of
the hearing.
g. Relevant Evidence. The hearing officer will decide whether to
admit evidence. Rules of evidence used in courts of law are not
used in this judicial process. Generally, a hearing officer will
agree to hear evidence which is relevant to the subject matter of
the hearing and is fair and reliable under the circumstances of the
case. Character witnesses generally are not considered
relevant.
h. Adjudicatory Standard. The hearing officer/judicial council will
determine whether the Respondent is "responsible" or "not
responsible" for the alleged violation. The Respondent will be
presumed "not responsible" until proven otherwise by a
preponderance of the evidence. A preponderance of the evidence is
reached when the hearing officer/Judicial Council concludes that it
is more likely than not that the Respondent violated the Code as
alleged in the Charge.
i. After reviewing available information on the case, the Hearings
Officer will afford the student an opportunity to make his/her
final comments before a decision is made.
j. Written Hearing Decision. The hearing officer will provide a
written decision to the student within 2 business days following
the hearing. The hearing decision will state what evidence the
hearing officer/judicial council considered and how it reached its
decision based upon that evidence. If the Respondent is found
responsible, the hearing decision will state what sanctions will be
imposed.
k. Notice of Appeal. The Respondent will be notified upon receiving
the hearing decision that s/he has a right to appeal that decision,
as described below, to the Judicial Affairs Officer or designee
within five (5) business days from the date the hearing decision
was sent.
4. Appeals Procedure
1. Individuals wishing to appeal disciplinary
decisions made through the informal or formal hearing process may
do so to the Dean of Students or designee within five (5) business
days from the date the hearing decision was received.
2. Appeal Procedures
a. Bases for Appeal. The hearing decision may be appealed for the
following bases only: (1) a procedural error unfairly and
materially affected the outcome of the case, (2) evidence has been
discovered which was not reasonably available at the time of the
hearing, and/or (3) a clear abuse of discretion on the part of the
hearing officer.
b. Submitting an Appeal. To appeal, the Respondent must submit a
written statement to the Dean of Students or designee stating, as
precisely as possible, the basis for the appeal and the evidence to
support the appeal.
c. Consideration of Appeal. Upon receipt of the appeal, the Dean of
Students or designee may elect to meet with the Respondent to
discuss the appeal and, if necessary, hear the new evidence. The
alleged victim may be given an opportunity to respond to the
appeal.
d. Written Appeal Decision. The Dean of Students or designee will
render a written decision regarding the appeal. If the appeal is
granted, the Dean of Students or designee will state on what basis
the appeal was granted and describe any new evidence that was
received and considered in rendering an appeal decision. The appeal
may modify the hearing decision, including sanctions, as warranted.
The appeal decision is final.
5. Post-Hearing Procedure
If the student fails to comply with the sanctions imposed upon
him/her, as may have been modified by appeal, the hearing officer
retains the power to impose additional sanctions on the student, up
to and including dismissal from the College. In addition to the
sanctions listed in the next section, the hearing officer may place
a hold on the student's future registration privileges with the
College. Such a hold results in a cancellation of all
pre-registered courses. The hold remains in effect until the
outstanding judicial matter and/or sanctions have been resolved and
the initiating party authorizes its release. This action is not
subject to appeal unless the sanction involves suspension from the
residence halls or suspension/dismissal from the College. In these
instances, an appeal may be filed using the procedure set forth
above
F. Sanctions
The following forms of discipline may be imposed on a student
who is guilty of misconduct:
A. Warning Notice that a student's conduct in a specific instance does not
meet College standards and that continued misconduct may result in
a more serious disciplinary action.
B. Disciplinary Probation
Notice that the student found in violation of the College
standards may continue to be enrolled under stated conditions,
violations of which may be cause for more serious disciplinary
action.
C. Restitution
Compensation for loss, damage to or misappropriation
of property or injury. This may take the form of appropriate
service to repair or otherwise compensate for damages. Restitution
may be imposed in combination with any other penalty.
D. Educational Sanction
These may include, but are not limited to:
All alcohol and other drug education classes, as well as
sessions with a CDAC, may have fines or fees associated with them
which must be paid for by the student.
E. Community Restitution
Performance of a specified number of community restitution
hours. This sanction will be fulfilled either on or off campus, as
specified. On campus service will be in a specified department.
F. Fines
When appropriate, fines payable to the college may be levied for
selected policy violations.
G. Suspension From Residence Halls
Prohibits the student from residing in any College-operated
residence hall on either a temporary or a permanent basis. Student
may reapply for housing after stated period of suspension. Specific
restrictions on access to residence halls during the period of
suspension may also be invoked. Suspension usually includes
forfeiture of any fee rebate for the remainder of the housing
contract.
H. Suspension by an Instructor
An instructor has the authority to immediately remove a student,
who in the judgment of the instructor, is violating the College
disruption policy or whose behavior jeopardizes the safety or
wellbeing of the class.
I. Summary Suspension from College
A student may be suspended from presence on campus and
participation in any or all programs (including academic programs)
and any and all activities sponsored by the College, by the College
President or designee, when the alleged acts are so serious that
the continued presence of the student in the College community
represents a potential danger to the health, welfare, and safety of
the College or community or which places the educational mission of
the college at risk. The determination of the seriousness of the
alleged act shall be in the sole discretion of the College
President or designee. Such suspension shall be in effect until a
formal disciplinary hearing with the College President or designee
has taken place. Determination of continued suspension or expulsion
will be made through the formal hearing process.
J. Deferred Suspension
Placement on deferred suspension status
during which there is observation and review of behavior. If the
student is found to further violate college regulations during this
period then the student is suspended without further hearings.
Deferred suspension may be for a period of one term up to and
including the remainder of a student's enrollment at the college.
K. Suspension from College
Separation of the student from the college for a
definite period of time, after which the student is eligible to
return. Such separation prohibits attendance at any classes and
participation in any College programs during the suspension period.
The terms of the suspension may restrict access to College grounds
or buildings, as well as attendance at College-sponsored social
events, or other functions, as deemed appropriate by the College
President or designee. The student may not register and/or enroll
until the stated period of suspension is completed, and any
requirements for the period of suspension are met.
L. Expulsion
Expulsion for an indefinite period of time includes
loss of all College privileges including college employment and the
privilege of entering any portion of the campus, participation in
any campus programs or any activities sponsored by the College
except by written authorization from the Office of the College
President or designee.