Eastern Iowa Community Colleges’ students are both citizens and members of the academic community. As citizens, students enjoy the same freedom of speech, peaceful assembly, and the right to petition that other citizens enjoy. As members of the academic community, students are subject to the obligations that are theirs by virtue of this membership.

The College expects its students to conduct themselves in such a way as to reflect credit upon the institution they represent. There are two basic standards of behavior required of all students: a) They shall not violate any board policy, municipal, state, or federal law; b) nor interfere with or disrupt the orderly educational processes of the College. Students are not entitled to greater immunities or privileges before the law than those enjoyed by other citizens generally.

Identification Cards

I.D. cards are available on request. Contact the Student Services area if you would like an I.D. card.

Authorized Use of Facilities

The College is a public facility entrusted to the Board of Trustees and College officials for the purpose of conducting the process of education. Activities that appear to be compatible with this purpose are approved by the College in accordance with established College procedure. Activities that appear to be incompatible or in opposition to the purpose of education or the mission of the College are normally disapproved. College officials exercise reasonable control over the use of the facilities to ensure the college’s maximum use for the purpose for which it was intended. Therefore, any student or organization planning an activity at the College that requires space to accommodate two or more persons must have prior approval of the activity. Application forms to reserve space and for the approval of activities are available through the appropriate College office.

Freedom of Speech and Expression at Public Institutions

The primary function of an institution of higher education is the discovery, improvement, transmission, and dissemination of knowledge by means of research, teaching, discussion, and debate. To fulfill this function, EICC shall strive to ensure the fullest degree of intellectual freedom and free expression allowed under the First Amendment to the Constitution of the United States.

Students and faculty have the freedom to discuss any problem that presents itself, and assemble and engage in spontaneous expressive activity on campus, within the bounds of established principles of the First Amendment to the Constitution of the United States and subject to reasonable time, place and manner restrictions that are consistent with established First Amendment principles.

The outdoor areas of the College campus are public forums, open on the same terms to any invited speaker subject to reasonable time, place and manner restrictions.

The College shall not approve or deny benefits or privileges available to student organizations based on the viewpoint or expression of a student organization or its members protected by the First Amendment to the Constitution of the US. In addition the college will not approve or deny any benefits or privileges to a student organization based on the organization’s requirement that its leaders agree to and support the organization’s belief as interpreted and applied by the organization and to further the organization’s mission.

If a member of the college community believes they have been aggrieved by a violation of this policy, the member shall follow the College’s complaint policy and procedure (See Administrative Procedure E4  ).

Conduct Expected of Students - Student Code of Conduct

The following regulations describe offenses for which disciplinary proceedings may be initiated. The College expects from its students a higher standard of conduct than the minimum required to avoid disciplinary action. Students are expected to obey the law, to show respect for properly constituted authority, to perform contractual obligations, to maintain integrity and a high standard of honor in academic work, and to observe a standard of conduct appropriate for the College. The College expects all students to conduct themselves under all circumstances in a responsible manner. This implies thoughtful consideration of college property and members of the college community. Any student or group of students failing to observe either the general standards of conduct or any specific regulations adopted by the College, or acting in a manner not in the best interest of other students of the College, shall be subject to disciplinary action.

The following shall constitute unacceptable behavior and shall subject the offenders to disciplinary penalties as provided in College policy:

Academic Dishonesty

College Deans may initiate disciplinary proceedings against a student accused of Academic Dishonesty. Academic Dishonesty includes, but is not limited to, cheating on a test, plagiarism, and collusion. Academic dishonesty will not be tolerated in any course at this college. Plagiarism and other forms of cheating are examples of such dishonesty and will result in serious consequences. Plagiarism is presenting someone else’s words as your own, whether in writing or in speaking.

You are plagiarizing if you:

1. Use direct quotes without quotation marks and textual citation of the material.
2. Paraphrase without crediting the source;
3. Present another’s ideas as your own without citing the source;
4. Submit material written by someone else as your own ( this includes AI
   generated content);
5. Submit a paper or assignment for which you have received so much help that the writing style is significantly different from your own;
6. Participate in a group project which presents plagiarized material;
7. Fail to provide adequate citations for information obtained through electronic research;
8. Download or submit work from electronic sources without citation.

You are cheating if you:

1. Partially or wholly copy someone else’s exam or homework;
2. Allow another student to copy your work or submit work you have written as his/her own.
3. Refer to any text, notes, other materials, or any other type of assistance including electronic devices, during an exam without authorization to do so;
4. Submit a paper or assignment for which you have received so much help that the writing style is significantly different from your own;
5. Pass test answers to another student during or before a test. Cheating and plagiarism, whether intentional or accidental, are serious offenses.

Consequences include:

1. Disciplinary Action by the Instructor: An instructor who suspects you of plagiarism or cheating must inform you of the allegation as soon as possible. If the instructor comes to the conclusion that the student has committed an act of academic dishonesty, the instructor will determine what action to take. The instructor may decide to give you a zero for the assignment, may reduce your grade for the course, or even assign an F for the course. The instructor may send a written report of the case to inform the Dean or Authorized College Official, and may request additional disciplinary action; a copy is sent to the student.
    
2. Student Appeal: If you believe that the finding of plagiarism or cheating is in error or the penalty unjust, you may appeal to the Dean or Authorized College Official. The appeal will be processed in accordance with Section 2-200 of the Student Code of Conduct. An informal hearing will be held and an Administrative Disposition will be presented to the student. Further appeal information is included in the Student Code of Conduct located in the Student Handbook.

Alternatives: Academic dishonesty is unnecessary, especially since there are alternatives.

1. If you are unsure about the proper use of sources, or the extent to which collaboration on an assignment is allowed, talk with the instructor;
2. Consult a recognized handbook for instruction on citing source materials.
3. Contact the Student Success Center (MCC), Writing Center (SCC) or Academic Success Center (CCC).

Note: Material adapted from handouts of the University of Iowa College of Liberal Arts and University of Delaware.

Proper Use of Technology

Eastern Iowa Community Colleges relies on its computer network to conduct its business. To ensure that its employees, students, independent contractors, agents, and other computer users use its computer resources appropriately, Eastern Iowa Community Colleges has created this Computer Use Policy (the “Policy”).

The rules and obligations described in this Policy apply to all users (the “Users”) of Eastern Iowa Community Colleges’ computer network, wherever they may be located. Violations will be taken very seriously and may result in disciplinary action, including possible termination, and civil and criminal liability.

It is every User’s duty to use Eastern Iowa Community Colleges’ computer resources responsibly, professionally, ethically, and lawfully.

Definitions

From time to time in this Policy, we refer to terms that require definitions:

Policy

The Computer Resources are the property of Eastern Iowa Community Colleges and may be used only for legitimate business purposes. Users are permitted access to the Computer Resources as a tool to assist them in the performance of their various duties. Use of the computer system is a privilege that may be revoked at any time.

In using or accessing our Computer Resources, Users must comply with the following provisions.

A. No Expectation of Privacy

No expectation of Privacy: The computers and computer accounts given to Users are to assist them in performance of their jobs or tasks. Users should not have an expectation of privacy in anything they create, store, send, or receive on the computer system. The computer system belongs to the District and may be used only for business purposes.

Waiver of privacy rights: Users expressly waive any right of privacy in anything they create, store, send, or receive on the computer or through the Internet or any other computer network. Users consent to allowing personnel of the district to access and review all materials Users create, store, send, or receive on the computer or through the Internet or any other computer network. Users understand that Eastern Iowa Community Colleges may use human or automated means to monitor use of its Computer Resources.

B. Prohibited Activities

Inappropriate or unlawful material. Material that is fraudulent, harassing, embarrassing, sexually explicit, profane, obscene, intimidating, defamatory, or otherwise unlawful or inappropriate may not be sent by e-mail or other form of electronic communications (such as bulletin board systems, newsgroups, chat groups) or displayed on or stored in Eastern Iowa Community Colleges’ computers. Users encountering or receiving this kind of material should immediately report the incident to the Help Desk at extension 3456.

Prohibited Uses. Without prior written permission from the Associate Director of Information Technology, Eastern Iowa Community Colleges’ Computer Resources may not be used for dissemination or storage of commercial or personal advertisement, solicitations, promotions, destructive programs (that is, mal-ware, viruses or self-replicating code), political material, or any other unauthorized use.

Waste of computer resources. Users may not deliberately perform acts that waste Computer Resources or unfairly monopolize resources in the exclusion of others. These acts include, but are not limited to, sending mass mailings or chain letters, spending excessive amounts of time on the Internet, playing games, listening to internet radio stations, viewing and listening to non-job/schoolwork related audio/video streaming, engaging in online chat groups, printing multiple copies of documents, or otherwise creating unnecessary network traffic.

Misuse of software. Without prior written authorization from the Associate Director of Information Technology, Users may not do any of the following: (1) copy software for use on their home computers; (2) provide copies of software to any independent contractors or clients of Eastern Iowa Community Colleges or to any third person; (3) install software on any of Eastern Iowa Community Colleges’ workstations or servers; (4) download any software from the Internet or other online service to any of Eastern Iowa Community Colleges’ workstations or servers; (5) modify, revise, transform, recast, or adapt any software; or (6) reverse-engineer, disassemble, or decompile any software. Users who become aware of any misuse of software or violation of copyright law should immediately report the incident to their supervisors.

Communication of trade secrets.  Unless expressly authorized by the Chancellor, sending, transmitting, or otherwise disseminating proprietary data, trade secrets, or other confidential information of the District is strictly prohibited. Unauthorized dissemination of this information may result in substantial civil inability as well as severe criminal penalties under the Economic Espionage Act of 1996.

Illegal Copying. EICC recognizes and adheres to the U.S. and International copyright laws, software licensees and intellectual property rights associated with both print and non-print materials. EICC forbids, under any circumstances, the unauthorized reproduction of software, use of illegally obtained software, or gathering or distribution of illegally obtained copyrighted digital materials. Using EICC equipment for any of these purposes is prohibited. EICC employees and students who violate this policy are subject to disciplinary action. Individuals who violate U.S. copyright law and software licensing agreements also may be subject to criminal or civil action by the owner of the copyright.

Distributing copyrighted songs, games, videos, movies or other copyrighted files or materials without permission is a violation of the Federal copyright laws. Individuals who violate U.S. copyright law and software licensing agreements also may be subject to criminal or civil action by the owner of the copyright. EICC will cooperate with any criminal investigation regarding these matters. According to copyright laws, you do not need to be making a profit to be prosecuted for distributing copyrighted materials such as music, movies, games and software files.

C. Passwords

Responsibility for passwords. Users are responsible for safeguarding their passwords for access to the computer system. Individual passwords should not be printed, stored online or given to others. Users are responsible for all transactions made using their passwords. No User may access the computer system with another User’s password or account.

Passwords do not imply privacy. Use of passwords to gain access to the computer system or encode particular files or messages does not imply that Users have an expectation of privacy in the material they create or receive on the computer system. Eastern Iowa Community Colleges has global passwords that permit it access to all material stored on its computer system-regardless of whether that material has been encoded with a particular User’s password.

D. Security

Accessing another user’s files. Users may not alter or copy a file belonging to another User without obtaining permission from the owner of the file. Ability to read, alter, or copy a file belonging to another User does not imply permission to read, alter, or copy that file. Users may not use the computer system to “snoop” or pry into the affairs of other users by unnecessarily reviewing their files and e-mail.

Accessing other computers and networks.  A User’s ability to connect to other computer systems through the network or by a modem does not imply a right to connect those systems to make use of those systems unless specifically authorized by the operators of those systems.

Computer security. Each User is responsible for ensuring that use of outside computers and networks, such as the Internet, does not compromise the security of Eastern Iowa Community Colleges’ Computer Resources. This duty includes taking responsible precautions to prevent intruders from accessing the district’s network without authorization and to prevent introduction and spread of viruses.

E. Viruses

Virus detection and mal-ware. Viruses can cause substantial damage to computer systems. Each User is responsible for taking reasonable precautions to ensure he or she does not introduce viruses or malicious software (mal-ware) into Eastern Iowa Community Colleges’ network. To that end, all material received on magnetic or optical medium and all material downloaded from the Internet or from computers or networks that do not belong to Eastern Iowa Community Colleges will be scanned for viruses and other destructive programs before being placed onto the computer system. Users should understand that their home computers and laptops may contain viruses. All disks and files transferred from computers to the Eastern Iowa Community Colleges’ network MUST be scanned for viruses.

Accessing the Internet.  To ensure security and avoid the spread of viruses and mal-ware, Users accessing the Internet through a computer attached to Eastern Iowa Community Colleges’ network must do so through an approved internet firewall. Accessing the Internet directly, or use of restricted browsers, is strictly prohibited. If the computer you are using is not connected to the district’s network, then special arrangements must be made with IT to provide updates.

F. Encryption Software

Use of encryption software. Users may not install or use encryption software on any of Eastern Iowa Community Colleges’ computers or files without first obtaining written permission from their supervisors and IT. Users may not use passwords or encryption keys that are unknown to their supervisors.

Export restrictions. The federal government has imposed restrictions on export of programs or files containing encryption technology (such as e-mail programs that permit encryption of messages and electronic commerce software that encodes transactions). Software containing encryption technology is not to be placed on the Internet or transmitted in any way outside of the United States without prior written authorization from the Associate Director of Information Technology.

G. Miscellaneous

Attorney-client communications. E-mail sent from or to an attorney representing the District should include this warning header on each page: “ATTORNEY-CLIENT PRIVILEGED. DO NOT FORWARD WITHOUT PERMISSION.”

Compliance with applicable laws and licenses. In their use of Computer Resources, Users must comply with all software licenses, copyrights, and all other state, federal, and international laws governing intellectual property and online activities.

Other policies applicable. In their use of Computer Resources, Users must observe and comply with all other policies and guidelines of the District, including but not limited to the following:

• Eastern Iowa Community Colleges Board Policy Manual
• Eastern Iowa Community Colleges Faculty, Staff, and Student handbooks
• Eastern Iowa Community Colleges Administrative Procedures Manual

Amendments and revisions. This Policy may be amended or revised from time to time as the need arises. Users will be provided with copies of all amendments and revisions.

No additional rights. This Policy is not intended to, and does not grant, Users any contractual rights.

Disciplinary Action: A student who is believed to have violated the Technology Policy may be charged with a violation of student conduct. Discipline and appeal processes will follow the established procedures in the Student Code of Conduct.

Failure to Pay Financial Obligations

The College may initiate disciplinary proceedings against a student who has allegedly refused to pay or failed to pay a debt he/she owes to the College. If a student fails to pay the College an amount due, disciplinary action may be initiated in accordance with this Student Disciplinary and Due Process Code.

Hazing

The College is opposed to activities which: seriously imperil the physical well-being of any student, are by nature indecent, degrading, or morally offensive; or reasonably can be assumed to have a degrading effect upon the mental or moral attitude of persons participating therein. Any group or individual participating in hazing activities characterized by any or all of the above will be subject to disciplinary action from the office of the Dean of Student Development.

Illegal Gambling

Illegal gambling is not permitted. Student groups or students who engage in gambling without a license and proper approval will be subject to disciplinary action by the Dean.

Misuse of Alcoholic Beverages

Violations of the College guidelines for the use of alcoholic beverages at College events and violations of the District policies regarding alcoholic beverages on campus will result in disciplinary action by the Dean of Student Development. For more information regarding the District Alcohol Policy, please consult Board Policy 836 .

Prohibition of Controlled Substances

EICC prohibits the unlawful possession, use, or distribution of controlled substances by students and employees on property owned or leased by EICCD or in conjunction with EICC sponsored activities. Violations of this policy will result in the initiation of disciplinary action. Students may obtain information about available drug or alcohol counseling and rehabilitation programs from the Dean of Student Development.

Sex Offenses

As with any serious crime committed or attempted on college premises, it is the practice of EICC to encourage the victim to report any allegation of sexual abuse, including acquaintance rape, to the proper authorities for investigation. EICC will assist in the reporting process upon request.

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 Trustees 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 Divisional Dean of Instruction, their designee(s), or their 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 PROCEEDINGS

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. A sealed letter sent through campus mail in care of one of the student’s instructors for delivery in class. The instructor is informed to return the letter immediately after the class if the student is not in attendance.
   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.
   3. A personal or telephone conversation between the student and the Dean issuing the summons.
   4. Hand delivery of a letter.
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. The 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 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. 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.

Sec. 304: Evidence

1. Formal 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 the 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. Astudent accused of committing a violation may not be compelled to testify against him/herself.

CHAPTER 4-400 APPEAL

Sec. 401: Appeal of Administrative Disposition

1. 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. The College President will determine the informal format and structure of the appeal meeting.
   3. 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 a Board Decision

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

Sec. 406: Favorable Decision

1. 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 transcript or degree;
   7. Bar against readmission;
   8. Restitution;
   9. Suspension of rights or privileges;
   10. Suspension of eligibility for athletic and non-athletic extra-curricular 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 - apenalty 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 - 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.