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Student Conduct & Discipline Policy 5030

DISCIPLINE CODE

In keeping with educational purposes of the College, disciplinary actions, other than those requiring expulsion, are intended to be remedial rather than punitive. Most disciplinary proceedings will be conducted informally between the student and a division dean in matters relating to the student's academic work, and between the student and the Vice President for Student Services in other matters. (See below for jurisdiction.)

More formal procedures are provided, however, including an impartial hearing before the College Discipline Committee; these procedures may be invoked either by the officer dealing with the case or by the student involved. In all situations, whether handled formally or informally, basic standards of fairness will be observed in the determination of:  

(1) the truth or falsity of the charges against the student,

(2) whether the alleged misconduct calls for sanctions, and, if so,

(3) what those sanctions should be.

 

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I.  


Jurisdiction

The Vice President for Student Services and the division chairpersons are responsible for initiating disciplinary proceedings for infractions of the rules and regulations of the College or for misconduct in academic work.

The division chairperson is the primary agent for disciplinary matters arising solely out of scholarship. The Vice President for Student Services is the primary agent for the administration of discipline for unacceptable conduct or infraction of College rules in all matters except those which are the responsibilities of divisions and instructors. Division chairpersons shall give written notice to the Vice President for Student Services of any disciplinary action which they take.

Instructors have the authority to take such summary actions as may be necessary to maintain order and proper conduct in the classroom and to maintain the effective cooperation of the class in fulfilling the objectives of the course. Such actions may be appealed to the chairperson of the division offering the course before the end of the next succeeding quarter.

The provisions of these sanctions do not apply to the evaluation of a student's academic performance. The lowering of grades is not appropriate as a penalty for misconduct providing, however, that academic credit need not be given for work which is the product of cheating, plagiarism, or other academic misconduct.

Campus traffic regulations are under the general jurisdiction of the College Security Department.

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II.  

The Use of Disciplinary Authority

All disciplinary proceedings will be initiated by either the Vice President for Student Services or a division chairman. The Vice President for Student Services or a division chairman, may, however, delegate this responsibility to others. In cases referred to it, the College Discipline Committee assumes the responsibility for making a recommendation to the President.

The student shall be informed at the initial conference of what appears to be the maximum penalty which might result from consideration of the disciplinary matter. In order that the informality of procedure in these instances not mislead a student as to the seriousness of the matter under consideration, the student shall be informed in writing if expulsion is involved. If further consideration reveals that more severe disciplinary action may be appropriate, the student shall be so advised as soon thereafter as possible.

After considering the evidence in the case and interviewing the students involved, the initiating authority may take one of the following actions.

A.  

Terminate the proceedings, exonerating the student or students.

B.  

Dismiss the case after whatever counseling and advice may be appropriate.

C.  

Impose minor sanctions directly (disciplinary warning or disciplinary probation) subject to the student's right of appeal described below. The student shall be notified of the action taken; this notification must be in writing when a disciplinary warning or disciplinary probation is imposed. In the case of an unmarried student under 18 years of age being placed on disciplinary probation, written notice shall also be sent to the parents or the guardian of the student.

D.  

Recommend to the College Discipline Committee that the student be denied registration or be expelled. The student shall be advised of his/her rights by reference to the appropriate sections of this document. If the denial of registration or expulsion is approved, the Vice President for Student Services shall notify the student in writing that he/she has been denied registration or that he/she has been expelled. In the case of an unmarried student under 18 years of age, written notice of this action shall be sent to the parents or guardian of the student.

E.  

Refer the matter to the College Discipline Committee. The student shall be notified in writing that the matter has been referred to the Committee.

In all cases, the student shall be advised of his/her rights by reference to the appropriate section of this document.

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III.  

Initiation of Summary Suspension Proceedings

The Vice President for Student Services or his/her designee may summarily suspend any student from the College for not more than ten academic calendar days pending investigation, action or prosecution of charges of an alleged chapter 132G-120 WAC violation or violations, if the Vice President for Student Services has reason to believe that the student's physical or emotional safety and well-being, or the safety and well-being of other college community members, or the protection of property requires such suspension.

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IV.  

Permission to Enter or Remain on Campus

During the period of summary suspension, the suspended student shall not enter the campus other than to meet with the Vice President for Student Services or to attend the summary suspension hearing. However, the Vice President for Student Services may grant the student special permission to enter for the express purpose of meeting with faculty, staff, or students in preparation for the hearing.

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V.  

Notice of Summary Suspension Proceedings

If the Vice President for Student Services or his/her designee finds it necessary to exercise the authority to summarily suspend a student, he/she shall:

A.  

Give an oral or written notice of the alleged misconduct and violation(s) of any provision(s) of chapter 132G-120 WAC to the student;

B.  

B. Give an oral or written explanation of the evidence in support of the charge(s) to the student;

C.  

Give an oral or written explanation of the corrective action or punishment (up to a maximum of ten academic calendar days suspension) which may be imposed to the student; and

D.  

The student shall be provided an opportunity to present his or her explanation of the conduct alleged to be violative of the College Student Rights and Responsibilities Policy.

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VI.  

Decision by the Vice President for Student Services

If the Vice President for Student Services, at the conclusion of the summary suspension proceedings, finds that there is probable cause to believe that:

A.  

The student against whom specific violations of law or of provisions of Chapter 132G-120 WAC are alleged has committed one or more of such violations; and

B.  

Such violation or violations of the law or of provisions of Chapter 132G-120 WAC constitute grounds of disciplinary action; and

C.  

Summary suspension of the student is necessary, the Vice President for Student Services may immediately suspend such student from the College for up to ten academic calendar days.

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VII.  

Suspension for Failure to Appear

If the student against whom specific violations of provisions of Chapter 132G-120 WAC have been alleged has been instructed by the Vice President for Student Services or his/her designee to appear for summary suspension proceedings and then fails to appear for summary suspension proceedings and then fails to appear at the time designated for the summary suspension proceedings, the Vice President for Student Services may suspend the student from the College and shall give written notice of suspension to the student at his/her last address of record on file with the College.

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VIII.  

College Discipline Committee

A standing College Discipline Committee will hear, "de novo", and make recommendations on all disciplinary cases referred to it by the appropriate authority or appealed to it by students who have been disciplined. The Committee will be established each fall. It will be composed of the following persons:

A.  

A member appointed by the President of the College.

B.  

A member of the faculty, appointed by the President of the Shoreline Community College Federation of Teachers (SCCFT).

C.  

Two students. The two students will be appointed by the President of the Student Body Association, but, at the option of the student being disciplined, they may not hear the case.

None of the above-named persons shall sit in any case in which he/she is a complainant or witness, in which he/she has a direct or personal interest, or in which he/she has acted previously in an advisory capacity. Decisions in this regard, including the selection of alternates, shall be made by the Discipline Committee as a whole.

The Discipline Committee chairman will be elected by the members of the Discipline Committee.

In hearings before the Discipline Committee, at the discretion of the Committee, an Assistant Attorney General will be requested to take the case. This action may be considered necessary in order to have a fair hearing.

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IX.  

Discipline Committee Procedural Guidelines and Safeguards

A student has a right to a fair and impartial hearing before the Discipline Committee on any charge of misconduct. Failure to cooperate with the hearing procedures, however, shall not preclude the Committee from making its findings of fact, conclusions and recommendations as provided below. Failure of the student to cooperate may be taken into consideration by the Committee in recommending penalties.

A.  

The student shall be given notice of the time and place of the hearing, the charges against him/her, a list of witnesses who will appear, and a description of any documentary or other physical evidence that will be presented at the hearing. This notice shall be given to the student in writing and shall be provided in sufficient time to permit him/her to prepare a defense. The notice may be amended at any time prior to the hearing, but, if such amendment is prejudicial to the student's case, the hearing shall be rescheduled to a later date.

B.  

The student shall be entitled to hear and examine the evidence against him/her and be informed of the identity of its sources; he/she shall be entitled to present evidence in his/her own behalf and to question witnesses testifying against him/her as to factual matters. The student shall have all authority possessed by the College to obtain information or to request the presence of witnesses or the production of other evidence relevant to the issues at the hearing.

C.  

Only those matters presented at the hearing, in the presence of the student involved, will be considered in determining guilt of the misconduct charged, but the student's past record of conduct may be taken into account in formulating the Committee's recommendation for disciplinary action.

D.  

The student may be represented by counsel and/or accompanied by an advisor of his/her choice.

E.  

No one will be required to give self-incriminating evidence.

F.  

Hearings conducted by the Committee may be held in closed session at the discretion of the Committee, the only exception being when the student involved invites particular persons or requests an open hearing. If at any time during the conduct of a hearing invited guests are disruptive of the proceedings, the chairman of the Committee may exclude such persons from the hearing room.

G.  

All proceedings of the Committee will be conducted with reasonable dispatch and terminated as soon as fairness to all parties involved permits.

H.  

An adequate summary of the proceedings will be kept. As a minimum, such a summary would include a tape recording of testimony.

I.  

The student will be provided with a copy of the findings of fact and with the conclusions and the recommendations of the Committee, and he/she will also be advised of the right to present, within seven calendar days, a written statement of appeal to the President of the College before action is taken on the recommendation.

J.  

If discipline is to be imposed after the review provided by this section, the officer who initiated the proceedings shall notify the student in writing of the discipline imposed. In the case of an unmarried student under18 years of age, written notice of any action involving expulsion or disciplinary probation also will be sent to the parents or guardian of the student.

 

The Committee shall establish general rules of procedure consistent with the foregoing procedural safeguards. A copy of any such rules of procedure shall be given to the student in advance of his/her hearing.

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X.  

The President's Review

The President of the College, or his/her designated representative, shall review all cases heard by the College Discipline Committee, including the report of the Committee and any statement filed by the student; shall either approve the recommendations of the Committee or give directions as to what other disciplinary action should be taken; and shall notify the initiating authority.

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XI.  

Appeals

Any disciplinary action may be appealed to the College Discipline Committee. An appeal by a student shall be made in writing and addressed to the chairman of the Committee within 15 days after the student has been notified of the action taken. In all proceedings wherein the student is not exonerated, there shall be one automatic review by a reviewing authority.

A.  

Disciplinary action by a division chairman may be appealed to, and shall be reviewed by, the Vice President for Student Services.

B.  

Disciplinary action by the Vice President for Student Services may be appealed to, and shall be reviewed by, the Discipline Committee.

C.  

Disciplinary action by the Discipline Committee may be appealed to, and shall be reviewed by, the College President.

D.  

Final authority in all disciplinary action shall rest with the Board of Trustees of the College.

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XII.  

Disciplinary Terms

The following definitions of disciplinary terms have been established to provide consistency in the application of penalties.

A.  

Disciplinary Warning: Formal action censuring a student for violation of College rules or regulations or for failure to satisfy the expectations of the College regarding conduct. Disciplinary warnings are always made in writing to the student by the officer or agency taking the action, with copies to the Vice President for Student Services' Office. A disciplinary warning indicates to the student that continuation of the specific conduct involved or other misconduct will result in one of the more serious disciplinary actions described below.

B.  

Hold: Attachment of a student's academic record to encourage the fulfillment of the student's obligations to the College, particularly financial. Holds are always made in writing, including a detailed list of the obligations to be met, and are sent to the student. Requests for transcripts of the student's academic record will not be honored until the initiating authority is satisfied that the obligations have been met and provides the Registrar with written notification of the release of the hold.

C.  

Registration Denied: Formal action refusing to allow a student to register for subsequent quarters for violation of College rules or regulations, failure to satisfy the expectations of the College regarding conduct, or failure to fulfill obligations to the College. Students may be denied registration only on the approval of the President and on the recommendation of the College Discipline Committee. The initiating authority, in his/her written notification to the student, will detail the reasons for the denial of registration and the conditions to be met before registration will be allowed. Registration may be denied for a fixed or indefinite period. Future registration will not be allowed until the initiating authority is satisfied that the conditions have been met.

D.  

Disciplinary Probation: Formal action placing conditions upon the student's continued attendance for violation of College rules or regulations or failure to satisfy the expectations of the College regarding conduct. The office placing the student on disciplinary probation will specify, in writing, the period of probation and the conditions. Disciplinary probation warns the student that any further misconduct will make him/her liable to suspension or expulsion from the College. Disciplinary probation may be for a specific term or for an indefinite period which may extend to graduation or other termination of the student's enrollment in the College.

E.  

Suspension: Formal action by an authorized disciplinary agency dismissing a student temporarily from the College for unacceptable conduct or violation of College rules or regulations. Suspension may be for a stated or for an indefinite period, but the implication of the action is that the student may eventually return if evidence or other assurance is presented that the unacceptable conduct will not be repeated.

F.  

Expulsion: Students may be expelled only on the approval of the President of the College and on the recommendation of the Vice President for Student Services and the College Discipline Committee. The notification expelling a student will indicate, in writing, the term of the expulsion and any special conditions which must be met before readmission. There is no refund of fees for the quarter in which the action is taken, but fees paid in advance for a subsequent quarter are to be refunded.

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XIII.  

Readmission After Expulsion

Any student expelled from the College may be readmitted only on written petition to the office which initiated the action resulting in his/her expulsion. Such petitions must indicate how specified conditions have been met and, if the term of the expulsion has not expired, any reasons which support a reconsideration of the matter. Because the President of the College participates in all disciplinary actions expelling students from the College, decisions on such petitions for readmission must be reviewed and approved by the President before readmission is granted.

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XIV.  

Reporting, Recording and Maintenance of Records

Records of all disciplinary cases shall be kept by the office taking or initiating the action. Except in proceedings wherein the student is exonerated, all documentary or other physical evidence produced or considered in disciplinary proceedings and all recorded testimony shall be preserved in so far as possible, for not more than five years. No record of proceedings wherein the student is exonerated, other than the fact of exoneration, shall be maintained in the student's file or other College repository after the date of the student's graduation.

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QUESTIONS?

Phone: 206-546-5872

E-mail: tss@shoreline.edu

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