Student Discipline and Due Process

Disciplinary Proceedings

The College may initiate disciplinary proceedings against a student who:

1. forges, alters, or misuses College documents, records, or I.D. cards;
    
2. intentionally disrupts the orderly processes of the College or interferes with the lawful rights of others;
    
3. conducts him/herself in a manner which significantly interferes with College teaching, research, administration, disciplinary procedures, or other College activities and public service functions;
    
4. damages, steals, defaces, or destroys College property or property of a member of the College community or campus visitor;
    
5. knowingly gives false information in response to reasonable requests from College officials;
    
6. assaults, threatens, abuses, or endangers in any manner the health or safety of a person at the College or at a College sponsored event;
    
7. violates College policies or regulations, such as parking; guidelines for student events; registration of student organizations and activities; registration of meetings and activities; use of College facilities; or the time, place, and manner of public expression;
    
8. fails to comply with the directions of College officials acting in the performance of their duties;
    
9. is convicted of an indictable offense under either municipal, state, or federal law which occurred on College property or at an off campus, college sponsored event;
    
10. illegally possesses, uses, sells, or purchases drugs, narcotics, hallucinogens, or alcoholic beverages on or off campus;
     
11. repeatedly violates College policies, procedures, or guidelines and/or repeats less serious breaches of conduct;
     
12. possesses firearms or other lethal weapons while on campus without specific permission from the Dean.

NOTE: College disciplinary action will ordinarily be taken only when these offenses occur on campus or at College sponsored events.

STUDENT DISCIPLINE AND DUE PROCESS CODE

Chapter 1 - 100 General Provisions

SEC. 101: Purpose and Application

1. A student at the College neither loses the rights nor escapes the responsibilities of citizenship.  Students are expected to obey the laws of the State of Iowa and the United States of America.  They are expected to comply with College and district regulations and administrative rules and procedures.   A student may be penalized by the College for violating its standards of conduct regardless of action taken by state or federal authorities for the same act.
    
2. This Student Discipline and Due Process Code applies to individual students and states the role of students in disciplinary proceedings and grievances.  The College has jurisdiction for disciplinary purposes over a person who was a student at the time he/she allegedly violated the policy, regulation, rule, or code.
    
3. The College reserves the right to apply appropriate disciplinary provisions to persons who participate in college sponsored activities or programs but who are not enrolled students. 

SEC. 102: Definitions of Terms

In this code, unless the context requires a different meaning, the following definitions of terms will apply:

Administrators: chancellor, vice chancellors, presidents, deans, directors, associate deans, assistant deans, managers, assistants to the chancellor, and persons with generic administrative titles.

Authorized College Official (ACO) An officer of a college who by assigned responsibility has authority to act in a particular situation. Frequently, but not exclusively, the ACO will be the president, a dean, or a person designated by the president or dean.

Board Board of Directors of the Eastern Iowa Community College District.

Class Day A day on which classes are regularly scheduled to be held. A class day includes days designated for registration and examinations.

Chancellor Chief executive officer (superintendent) of the Eastern Iowa Community College District comprised of Clinton Community College, Muscatine Community College, and Scott Community College.

College Merged Area IX (Eastern Iowa Community College District).

College Either Clinton, Muscatine, or Scott Community College.

Dean The Dean of Student Development, or Dean of Instruction, his/her designee(s), or his/her representative(s).

President President of a College (Clinton, Muscatine or Scott).

Student A person enrolled at the College.

Violation An act or action which can result in a disciplinary action including expulsion or suspension from the College or in the denial of a degree, diploma, or certificate. “Violation” includes the failure to comply with college rules, regulations, and procedures, and/or the failure to comply with local, state, or federal laws, or regulations

Chapter 2 - 200 Initiation of Disciplinary Procedures

SEC. 201: Initial Response

1. Students have the right to legal counsel, at the student’s expense, at any time during any stage of disciplinary proceedings.  
    
2. Upon receiving notice of an alleged violation, the Dean may investigate the matter and may: 
   1. dismiss the allegation as being unfounded or irrelevant;  or
   2. summon the student for a conference concerning the allegation and after conferring with the student either dismiss the allegation or:
      1. proceed administratively under Section 203 or 204.  The Dean has the authority to make a decision (administrative disposition) regarding most violations of the Code of Conduct.  However, any violation that triggers Section 204 (immediate suspension) will be handled  with a hearing in front of the disciplinary committee.
      2. prepare a complaint based on the allegation for use in disciplinary committee hearings along with a list of  witnesses and evidence supporting the allegation. 
          
3. Upon receiving notice of an alleged violation, the authorized college official (ACO) may take immediate interim disciplinary action by suspending the student from classes or from campus, or otherwise altering the status of a student.  This action would be taken by the ACO when in the opinion of such person(s) the College would be best served by such action.
    
4. No person or persons shall be authorized to search a student’s personal possessions for the purpose of enforcing this code or investigating an alleged violation unless the student’s prior permission has been obtained.  Searches by law enforcement officers of students’ possessions shall be conducted only as authorized by applicable local, state, and federal law.

SEC. 202: Summoning a Student

1. A student may be summoned to appear before an ACO in connection with an alleged violation by any of the following methods: 
   1. An emailed letter to the students EICC email Address.
   2. A certified letter mailed to the student’s address as listed in the Registrar’s office. The student is responsible for keeping the Registrar’s office appraised of his/her current college address.
2. The letter, message, or communication shall direct the student to appear at a specified time, date, and place not less than three (3) days after the date of the letter.  The letter shall also describe briefly the alleged violation.  
    
3. he ACO may place a student on disciplinary probation if the student fails without good cause to comply with a letter of summons, or the ACO may proceed against the student under Section 203 or 204.

SEC. 203: Administrative Disposition of a Violation

1. Alleged disciplinary violations are initially presented to the ACO for an administrative disposition.
    
2. The ACO shall prepare an accurate, written summary of each administrative disposition and forward a copy to the student, to the Dean of Student Development, and to the ACO of the College, and other appropriate administrators and college officials. 
    
3. If a student wishes to appeal the ACO’s administrative decision to the Discipline Committee, he/she must file a written appeal within three class days following the administrative disposition.  

SEC. 204: Immediate Suspension

1. The superintendent or designated administrator may temporarily suspend a student pending a formal administrative disposition (Section 203) or hearing (Chapter 3 300).  The causes for immediate suspension include, but are not limited to, the following:
   1. ignoring a summons for a hearing;
   2. an attempt of bodily harm on anyone on campus;
   3. possession, use, sale, or purchase of illegal drugs on campus;
   4. destruction or theft of college property or another person’s personal property;
   5. possession of intoxicating beverages on campus;
   6. any activities causing a major disruption or disturbance;
   7. other violations of the student code of conduct.
2. The student will be summoned within two class days of the action of temporary suspension. 
    
3. If the suspended student subsequently receives a favorable administrative disposition or favorable hearing decision, the student shall be permitted to make up class work required for satisfactory completion of a course or courses begun prior to the beginning of the disciplinary process.

Chapter 3 - 300 / The Hearing

SEC. 301: Discipline Committee

1. When a student timely appeals an administrative disposition of a violation, the student is entitled to a hearing before the Discipline Committee.  The Discipline Committee shall be composed of not less than three College employees and two current college students.  The Committee members shall be appointed by the President who shall designate one member as the committee chair.  All committee members are entitled to vote in the hearing.
    
2. The Dean shall set the date, time, and place for the hearing and notify the student of the same.  The Dean shall summon witnesses and require the production of documentary and other evidence.
    
3. The Dean shall represent the College before the Discipline Committee and shall present evidence to support any alleged violations.  The Dean may be assisted by legal counsel.  

SEC. 302: Notice of Hearing

1. The Dean shall notify the student by letter via email concerning the date, time, and place for the hearing.  The notice shall specify a date not less than three class days or more than fifteen class days after the date of the letter.  The notice shall: 
   1. specify the charges and
   2. direct the student to appear at a date, time, and place specified.
       
2. The Dean may postpone the hearing for good cause so long as all parties involved are notified of the new hearing date, time, and place.
    
3. The Discipline Committee may hold a hearing at any time if:
   1. The student has actual notice of the date, time, and place of the hearing, and 
   2. The President states in writing to the Dean that because of extraordinary circumstances the requirements of subsection (A) are inappropriate. 
       
4. The College will maintain a verbatim transcript of the hearing by a stenographer or by recording.  
    
5. The Dean may suspend a student who fails to appear, or at his/her discretion, the Dean may proceed with the hearing in the student’s absence. 

SEC. 304: Evidence

1. Formal legal rules of evidence do not apply to hearings before the Discipline Committee. The Committee may admit evidence that possesses reasonable value to the intent of the Committee. The Committee shall recognize privileged communications between a student and a member of the professional staff of the Counseling Center or the Office of the Dean where such communications were made and understood by the student and staff member to be confidential. Committee members may freely question witnesses in the course of the hearing.
    
2. The Committee shall presume a student innocent of the alleged violation until it is convinced by a preponderance of the evidence that the student is guilty of the violation.  
    
3. A student accused of committing a violation may not be compelled to testify against him/herself.

Sec. 307: Hearing Procedure

1. The hearing shall be informal. The chair shall provide reasonable opportunities for witnesses to be heard. The College may be represented by Dean’s Office staff, legal counsel, and other persons as designated by the President. The hearing ordinarily shall be open to the public to the extent space is available. The hearing shall be closed upon a request of the student, or parent or guardian of a minor student, if a possible penalty is suspension or expulsion of a student.
    
2. The student has a right to:
   1. a private hearing if a possible penalty is suspension or expulsion;
   2. appear alone, with an advisor, or with legal counsel;
   3. be apprised of the identity of each witness who will testify against him/her;
   4. summon witnesses, require production of evidence on behalf of the College, and argue in his/her behalf;
   5. obtain a copy of the transcript or recording of the hearing at the student’s expense (the student is not permitted to record the hearing by electronic means).
3. The Discipline Committee shall generally proceed as follows during the hearing:
   1. chair reads the complaint against the student;
   2. chair informs the student of his/her rights under Section 307(A)
   3. College presents the College’s case;
   4. student presents the student’s defense;
   5. Dean and student present rebuttal evidence and arguments;
   6. Committee deliberates on evidence in closed session. Committee votes on the issue of whether or not the student has committed the violation charged;
   7. if the Committee finds the student has committed the violation, the Committee and the Dean will determine an appropriate penalty.
   8.  the Committee chair informs the student, in writing, of the decision and the penalty, if any; and
   9. Committee shall state in writing each finding and the penalty determined. Each Committee member concurring in the finding and penalty shall sign the statement. Minority reports may be filed. The Committee may include in the statement its reasons for the finding and penalty.

Chapter 4 - 400 / Appeal

SEC. 401: Appeal of Administrative Disposition

To appeal an administrative disposition of a disciplinary matter, the student must file a written appeal as specified in Chapter 2 203(C).  

SEC. 402: Appeal of Discipline Committee Disposition

1. The student may appeal a decision of the Disciplinary Committee to the College President. The appeal must be made in writing on or before the third class day following the hearing or administrative disposition.  If a student does not timely file a written appeal with the College President following the Discipline Committee hearing, the student is deemed to have accepted the decision of the Committee and waived his/her rights to further appeal. 
   1. If a student files a written appeal with the President, the College President will be furnished a copy of the hearing file and records on the student.
   2. Within ten class days of receipt of the student’s appeal, the College President will notify the student of the date, time, and place of a meeting for the appeal. 
   3. The College President will determine the informal format and structure of the appeal meeting.
   4. Within three class days following the meeting between the student and the College President, the student will be notified in writing of the President’s decision regarding the appeal.
2. The record from the discipline hearing shall be certified and no additional evidence shall be heard unless requested by the President.  When considering the credibility of witnesses the President shall give weight to the findings of fact of the Discipline Committee but the president shall not be bound.  
    
3. The President’s decision will be final in all cases except expulsions timely appealed to the Chancellor.  

SEC. 403: Appeal of President’s Disposition

1. A  student recommended for expulsion is entitled to appeal in writing to the Chancellor.  This written appeal must be filed within three class days following the date of the decision of the College President. 
   1. Within ten class days of receipt of the student’s appeal, the Chancellor will notify the student of a date, time, and place for a meeting to hear the student’s appeal.
   2. The Chancellor will determine the information format and structure of the appeal meeting.
   3. Within five class days following the meeting, the student will be notified of the Chancellor’s decision.
2. The record from the discipline hearing shall be certified and no additional evidence shall be heard unless requested by the Chancellor.  When considering the credibility of witnesses, the Chancellor shall give weight to the findings of fact of the Discipline Committee, but the Chancellor shall not be bound by the findings.

SEC. 404: Appeal of Chancellor’s Disposition

1. The student recommended for expulsion is entitled to appeal in writing to the Board.  The written request shall be filed with the Board Secretary no later than the third class day following the notification of the Chancellor’s decision.  The date for the consideration of the matter by the Board shall be determined by the Board Secretary and the Chairperson of the Board.  Following the hearing with the Board, the student shall be notified in writing of the Board’s decision. 
    
2. The record from the disciplinary hearing shall be certified and no additional evidence shall be heard unless requested by the Board.  When considering the credibility of witnesses, the Board shall give weight to the findings of fact of the Discipline Committee but the Board shall not be bound by the findings. 

SEC. 405: Appeal of Board Decision

A) The student may appeal a Board decision to the Iowa Department of Education as provided by the Code of Iowa.

SEC. 406: Favorable Decision

A) A student who receives a favorable decision shall be permitted to make up class work required for satisfactory completion of a course or courses commenced prior to the beginning of the disciplinary process. 

Chapter 5 - 500 / Disciplinary Penalties

SEC. 501: Authorized Disciplinary Penalties

1. The following penalties for a violation may be imposed by the appropriate college official.  The severity of the penalty will be in proportion to the gravity of the violation.   Penalties will be administered consistently to the extent that students committing the same violation receive similar penalties.  A student’s record of previous violations may be considered when determining the student’s penalties.
    
   1. Admonition;
   2. Warning probation;
   3. Referral;
   4. Educational project assignment;
   5. Disciplinary probation;
   6. Withholding of transcripts or degree;
   7. Bar against readmission;
   8. Restitution;
   9. Suspension of rights or privileges;
   10. Suspension of eligibility for athletic and non athletic extracurricular activities;
   11. Change of grade;
   12. Denial of degree;
   13. Suspension; and
   14. Expulsion (must be approved by Board).
        
2. The following definitions apply to the penalties (or supplementary actions) provided in this section:
    
   1. Admonition a reprimand from the Dean with a notation in the student’s personal file to that effect.
       
   2. Warning probation a warning that further violations will result in more disciplinary action. This reprimand is more serious than an admonition. This penalty may be imposed for any length of time up to one calendar year, and the student shall automatically be removed from probation when the period expires.
       
   3. Referral a recommendation for specialized help. The college may recommend that a student seek specialized assistance if it seems required, i.e., minister, physician, parent, counselor, psychiatrist, etc.
       
   4. Educational project assignment a project assignment may be arranged so that the student has the opportunity to observe and learn specific valued human behaviors related to the conduct which led to disciplinary problems and action. A student may be required to participate in some campus or community activity with rehabilitative value, e.g., leadership seminar, alcohol seminar, personal development class, etc.
       
   5. Disciplinary probation a penalty and status indicating that further violations may result in suspension from the College. Disciplinary probation may be imposed for any length of time up to one calendar year.
       
   6. Withholding of transcript or degree a penalty that may be imposed on a student who fails to pay a debt owed the College or who has a pending disciplinary case. The penalty terminates on payment or final disposition of the case.
       
   7. Bar against readmission a penalty whereby a student may not re enter the College if forced to withdraw for disciplinary reasons or failure to meet financial obligations to the college. This penalty may be imposed for any period of time not to exceed one year.
       
   8. Restitution an order to the student to repair damages or reimburse the college or others for damage to, or misappropriation of, property. Restitution may take the form of monetary payment or payment in the form of time and services.
       
   9. Suspension of rights or privileges an elastic penalty which allows the imposition of limitations or restrictions to fit a particular case.
       
   10. Suspension of eligibility for official athletic and non athletic extra curricular activities a penalty which prohibits a student from joining a recognized College organization or participating in College extra curricular activities and/or athletics. This penalty may be imposed for any length of time up to one calendar year.
        
   11. Change of Grade in cases involving scholastic dishonesty, a grade or grades may be altered by the appropriate college official, e.g., a failing grade may be assigned.
        
   12. Denial of degree a penalty which may be imposed on a student for any length of time and may include permanent denial.
        
   13. Suspension a penalty and status whereby the student may not be initiated into a College honorary or service organization, may not enter the College campus except in response to an official summons, may not register for credit or non credit classes and seminars, and may not earn academic credit in any form from the College. This penalty may be imposed for any length of time not to exceed two calendar years. The conditions for readmission may be specified at the time of suspension. Readmission is at the discretion of the Dean.
        
   14. Expulsion a penalty status which permanently bars a student from enrollment at the College. The student may not enroll in any College program or activity and is considered permanently severed from the College unless the expulsion status is altered by the Board.