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Disciplinary Procedure Authority | Judicial Councils | Disciplinary Procedures | Judicial Process | Disciplinary Hearing Procedures | Due Process | Student Code of Conduct
DISCIPLINARY PROCEDURE AUTHORITY
By virtue of the bylaws and policies of the Board of Trustees of Coahoma Community College, the President of the college is charged with the responsibility of maintaining “appropriate standards of conduct” for students. This duty has been delegated to the Vice President of Student Affairs and Support Services/designee. The Vice President of Student Affairs and Support Services or his/her representative is further authorized to expel, dismiss, suspend and place limitations on continued attendance and to levy penalties for disciplinary violations. The Vice President of Student Affairs and Support Services is aided by judicial councils.
JUDICIAL COUNCILS
Three committees are appointed to hold hearings for students accused of violating the regulations of the college:
Inter-Student Affairs Disciplinary Council-composed of student affairs professionals (Vice President or Dean of Students-presiding officer/designee) hears all informal cases and in some instances cases of formal proceedings, involving minor and moderate infractions that will constitute sanctions of probation, fines, suspension from the college, residence halls/buildings/bus in length, and/or community service. The council sometimes can be composed of various student affairs professionals that can hear a formal case, and also in rare cases in which the Administrative Judicial Council sends a case (s) back to a lower council. The council also serves as an appellate council.
Student Judicial (court) Council-composed of Student Government Association members (Chief Justice of the SGA-presiding officer; Faulty member and staff member advisor) The council hears cases that the Vice President or Dean of Students considers to be minor/moderate infractions that will constitute sanctions of probation, fines, suspension from residence halls/buildings/bus in length, and/or community service. Council makes recommendation to the Dean/VP of Student Affair and Support Services to uphold, reject, or modify sanctions imposed in the informal hearing.
Administrative Judicial Council-composed of a quorum of the executive cabinet of the college (Vice President of Student Affairs and Support Services-presiding officer-ex officio member), the council hears cases that the Vice President of Student Affairs and Support Services constitute to be severe infractions that may lead to a recommendation of extensive suspension or expulsion. Before proceedings began, council reserves the right to send the case back to a lower court based on the merit (s) of the infraction per reading all reports. Council also serves as an appellate council.
Note: The Vice President/Dean of Student Affairs and Support Services and/or the Director of Safety also reserve the right to meet with students outside of council proceedings in an effort to minimize the volume of cases being referred. The Vice President/Dean of Student Affairs and Support Services and/or the Director of Safety have the right to remove a student from campus and off campus sites until more official proceedings can materialize. In cases involving the VP of Student Affairs and Support Services, the Dean of Student Affairs and Support Services/designee will serve as the presiding officer.
DISCIPLINARY PROCEDURES
The following rules of procedures for adjudicating alleged violations of the Coahoma Community College Student Code of Conduct are established for use by the Student Affairs Disciplinary and Appeals Committees. The administration of sanctions at the college is an educational process that is not designed to be punitive, and will experientially demonstrate its intent to be of a fair, appropriate, truthful, and due processed procedure. Disciplinary procedures may be initiated by the college (VP/Dean of Student Affairs and Support Services) or by the designee of the VP of Student Affairs and Support Services. The complaint or an official incident report must be investigated prior to judicial proceedings being invoked. If a student is suspended for a semester or academic year, or expelled from the institution (permanent separation) the registrar, financial aid director, and fiscal affairs director will be notified by the VP of Student Affairs and Support Services to administratively withdraw the student from Coahoma Community College. However, a permanent file will be maintained by the office of the VP of Student Affairs and Support Services and the Office of the Registrar.
JUDICIAL PROCESS
- The student (s) involved shall be notified within three (3) working days in writing by the VP/Dean of Student Affairs that a report has been filed involving him/her in an incident that is in direct violation of the Coahoma Community College code of conduct. The notification will outline the time and place of the informal hearing, and if the student does not attend he/she invokes his/her rights to formal proceedings.
- The student, at the informal hearing, is presented with charges, given an opportunity to respond to the charges presented, given an opportunity to confront his/her accuser, and an opportunity to accept/reject the proposed discipline (sanction) by the appropriate council via a signed document materialized by the Division of Student Affairs and Support Services.
- If sanctions are necessary and the student does not accept the discipline (sanction), based on evidence and/or witnesses that are requested by the accused to be presented/heard in formal proceedings, hearing procedures are then invoked within three (3) working days of signing the form invoking rights to formal proceedings. A time and place of the hearing will be sent to the student (s) and the appropriate council will hear the case. If the student does not sign the disciplinary form, the student automatically invokes his/her rights to formal proceedings that could lead to probation, suspension, or expulsion, for disrespecting the code of student conduct and the judicial process of Coahoma Community College. If the student (s) fails to appear before any council, the council will make a decision in his/her absence, and the student shall be notified in writing of the council’s decision, which will stand as record for the student (s) involved. The VP/Dean of Student Affairs and Support Services will notify the student (s) of the council’s decision in writing to be mailed to the student’s (s) address which was submitted on the application to the college if the student resides in a residence hall. Also, the decision will be delivered to the occupant’s (s) room.
- The student can bring witnesses, an advisor, and/or an attorney to the formal hearing, but the student (s) has to notify in writing the office of the VP/Dean of Student Affairs Support Services two (2) days (48 hours) prior to the hearing but can only be heard at the discretion of the presiding officer. If a witness that is a student of the college is present and engages in false testimony or misrepresentation/falsification, the student (s) will at that time become a part of the judicial process of the college and sanctions may be imposed,
- When a student is accused of violating the Student or Collegiate Codes of Conduct and criminal charges are pending against the student, an attorney may be present. In this instance, the role of the attorney is limited and passive. The attorney cannot actively participate in the hearing or ask questions of the witnesses or judicial council members. The attorney’s role is to advise the student regarding self-incrimination and to observe the proceedings. If a student does not have present criminal charges pending, an attorney, however, will not be permitted to be present during any disciplinary proceedings.
- When the judicial process and/or uncomfortability of college officials involve a ward of the State, residence of a living/treatment facility, a felon, an individual that poses a threat to others, or an individual already a part of a criminal case and/or investigation, the VP/Dean of Student Affairs and Support Services at discretion will contact and cooperate with the cooperating agency whether it be state, federal, or local.
DISICIPLINARY HEARING PROCEDURES
- To ensure that Coahoma Community College is strictly adhering to FERA Laws, disciplinary hearings are private and confidential involving the student and the council. Hearings are closed to the campus community, media, and the general populous.
- The VP/Dean of Student Affairs’ assignment of cases to the appropriate judicial council determines the hearing officer.
- The format begins with the presentation of charge (s) and proceeds with:
- Call for the accused to respond to the charge(s), present witnesses and/or evidence
- Supporting testimony and information on the charge (s),
- Presentation of the accuser’s testimony, witnesses, and/or evidence
- Examination and questioning of accused, accuser, and possibly the witness/advisor by the members of the council
- Deliberation by the council
- Decision by the council to include:
- Recall of precedent of prior sanctions made on like infraction (s)
- Finding on a question of guilt or innocence
- Sanctions, if any rendered to the presiding officer
- Presiding officer renders the decision verbally to the accused, then the accuser (both parties are bound to strict confidentiality rules; if not, student (s) will be subjected to disciplinary proceedings)
- Transcript will be transcribed and submitted to all parties involved
- Transcript will be filed in the Office of Student Affairs and Support Services
DUE PROCESS
The following due process procedures are afforded to all ID card carrying students at Coahoma Community College who are involved in cases which may result in disciplinary sanctions:
- The student (s) shall be notified in writing that he/she has been perceivably involved in an incident that is in violation of the Coahoma Community College code of conduct. The notification will be submitted to the student (s) within three (3) working days and will provide the date, time, and place of the judicial hearing.
- The individual will be permitted to face and question his/her accuser (s) and witnesses testifying against him/her at the hearing. At the discretion of the hearing officer, both the accused and the accuser have the right to provide evidence and witnesses to prove otherwise or to speak on their behalf.
- After due consideration of the appropriate judicial council, the council shall render to the presiding officer a verbal and/or written decision.
- The student, if opposed to the sanction (s) rendered by a council, has the right to reject the sanction and invoke appeal proceedings.
- The student has to provide in writing within three (3) working days of the hearing, to the Vice President or Dean of Student Affairs and Support Services, the basis of the appeal, new evidence, and/or new witnesses. An appeal will not be granted, unless the aforementioned are not evident. If an advisor and/or attorney is being brought to the hearing on behalf of the student, the student must notify in writing the Vice President of Student Affairs and Support Services two days-48 hours prior to the hearing. The advisor and/or attorney will only speak at the discretion of the hearing officer, which is not likely to occur
- The Vice President /Dean of Student Affairs and Support Services will decide if an appeal is warranted, and if so, notify the student and the appropriate council to schedule a date, time and location within three (3) working days of the hearing, and send the case to the appropriate council for an appeal hearing.
- If an appeal hearing is granted, and the appellate council makes the recommendation to the Vice President or Dean of Student Affairs and Support Services, the student has the right to take his/her case to the President of the college. The President will then advise the Vice President/Dean of Student Affairs of a recommendation to be carried out regarding the case or correspond with the student (s) directly.
- In cases where the student (s) has been adjudicated/pending cases in the courts of counties, state, or federal entities, and also involved in a breach of Coahoma Community College’s code of conduct, the student’s (s) case outside of the college will determine the fate of the student’s (s) matriculation at Coahoma Community College, to determine if the student (s) involved pose a threat to the campus community. The college will continue its case involving the student (s) after the external case against him/her is settled, and said student (s) might be suspended until that time.
Note: In cases in which the Vice President or Dean of Student Affairs and Support Services constitutes an emergency, Due Process proceedings will be foregone temporarily, and the student (s) will be removed from all premises of Coahoma Community College until order is restored. Infractions of the college’s rules, regulations, and sanctions consisting of fines, reprimands, probation, and work assignments will not become a part of a student’s permanent record.
STUDENT CODE OF CONDUCT
To maintain an atmosphere on the Coahoma Community College on- campus and host sites that is conducive to academic pursuits and fosters the growth and development of all members of the college community, a series of procedures and regulations governing student conduct and behavior has been established. Included in the procedures and regulations, which collectively are known as the Student Code of Conduct, are statements concerning expectations regarding student conduct, guarantees of student rights and responsibilities, and procedures for adjudicating allegations concerning student misconduct. The penalties for violation of these regulations are also contained in the Student Code of Conduct.
All students at Coahoma Community College are expected to read and become familiar with all sections of the Student Code of Conduct. Each student is individually responsible for adhering
to the regulations contained in the Code. A student who is found to have violated these regulations will be subject to disciplinary action, ranging from a disciplinary warning to suspension/ expulsion. The severity of the sanction is dependent upon the severity of the offense as determined by the judicial officer, the Dean of Students/designee, or the appropriate judicial council.
Discipline will be levied in all instances except those in which a qualified, licensed, mental health professional has communicated to the college in writing that the actions were caused by severe psychological problems sufficient to warrant the immediate withdrawal of the individual from the college. In each instance, the individual may not re-enroll at Coahoma Community College for at least two full academic semesters and then only upon the written recommendation of the mental health professional.
NOTE: Refer to the Student Handbook for a detailed explanation of the Code of Conduct. |