This is some content.

POLICIES AND PROCEDURES

Click to print pdf

Disciplinary Proceedings

Effective Date: January 14, 2016
Policy Number: 1047
  1. Standards of Conduct for Students

    Acquaintance with Policies, Rules, and Regulations

    Each student is expected to be fully acquainted with all published policies, rules, and regulations of the College, copies of which shall be available online on the Hutchinson Community College website. The College holds each student responsible for compliance with these policies, rules, and regulations.

    The student is responsible for obtaining and understanding published materials to update the items in this code. Students are also expected to comply with all federal, state, and local laws. This principle regarding compliance extends to conduct off-campus, as the College reserves the right to act on incidents occurring on-campus or off-campus when the off-campus conduct could have an on-campus impact or could impact the educational mission of the College.

    Student Code of Conduct

    Hutchinson Community College strives to provide an opportunity for education to all its students. In order to achieve this objective, it is important to define a standard or a code of conduct for behavior that will enable students to work together and with the faculty, staff, and administration in a positive manner. The following regulations have been approved by the governing board of Hutchinson Community College and will apply on College property, any College sponsored or sanctioned activities, and any off-campus behavior which reflects on the mission of the College.

    Enrollment at Hutchinson Community College is not compulsory. The voluntary entrance of a student into the College means that the student also voluntarily assumes obligations of performance and behavior reasonably imposed by the College. The discipline of students at Hutchinson Community College is, in all but the case of expulsion, a part of the educational process.

    Hutchinson Community College is an institution of higher learning. The rules and regulations are designed to ensure optimal conditions for learning for all students. The standard or code of conduct for students is seen as a foundation of behavior rather than arbitrary limits on behavior.

    For a student who is found to have committed an offense and who previously has been found in violation of the Hutchinson Community College Code of Conduct, the previous offense will be considered during the disciplinary process.

    More than one sanction may be imposed for a single violation. A single act may constitute a violation of more than one regulation. Being under the influence of drugs or alcohol will neither diminish nor excuse a violation of the Student Conduct Regulations. The standard of evidence used to determine responsibility is a “preponderance” of evidence (i.e. is it more likely than not a violation has occurred). This determination is based on the greater weight of the evidence and does not require a standard beyond a reasonable doubt.

    The conduct of Hutchinson Community College students, both on and off-campus, is expected to be that of any responsible adult in a public place. Students should consider at all times the effect of their actions on the reputation of the College. It is recognized that each student has the inherent right of free speech and free thought. However, it is also recognized that these rights must be extended to all other individuals.

    Statement Regarding Sexual Discrimination, Harassment, and Sexual Misconduct

    Hutchinson Community College neither tolerates nor condones any form of sexual discrimination—including but not limited to rape, ‘date or acquaintance’ rape, sexual assault, sexual misconduct, or sexual harassment. In accordance with federal and state regulations regarding sexual discrimination, the College has established an official policy and procedure which is both independent from the Student Code of Conduct and applicable to students, faculty, and staff alike to investigate, remedy, and adjudicate such prohibited behavior. This Equal Opportunity, Harassment and Nondiscrimination Policy and Procedure (Policy Number 1089) is available in the College’s online catalog and in the Student Handbook.

    Behavioral Misconduct

    Misconduct or prohibited behavior includes, but is not limited to:

    1. Alcoholic Beverages
      1. Use, possession, sale, delivery, manufacture, or distribution of alcoholic beverages.
      2. Being under the influence of alcohol and/or intoxication as defined by federal, state, and/or local law.
      3. Inability to exercise care for one’s own safety, or the safety of others, due in whole or in part to alcohol consumption. Examples include use resulting in a need for medical attention, inability to function without assistance, unconsciousness, incoherent or disoriented behavior, and/or loss of control of bodily functions.
      4. Violating any other policy while under the influence of alcohol.
      5. Storage of alcohol in any amount or use of alcohol containers for decoration.
    2. Narcotics or Drugs
      1. Use, possession, sale, delivery, manufacture, and/or cultivation or distribution whether usable or not of any narcotic, drug, illicit drug, medicine prescribed to someone else, chemical compound, synthetic drug, or other controlled substance.
      2. Possession of drug-related paraphernalia.
      3. Being under the influence of narcotics, drugs, illicit drug(s) and/or medication(s) prescribed to someone else, chemical compounds, and/or other controlled substances on college property including residential facilities, or as part of any of its college events.
      4. Violation of any other policy while under the influence of a controlled substance.
      5. The inability to exercise care for one’s own safety, or the safety of others, due in whole or in part to being under the influence of a controlled substance.
      6. Having knowledge of, or being in the presence of the manufacture, use, possession or sale of an illegal substance. Having knowledge of such behavior or being present when a violation occurs constitutes equal responsibility and involvement in the incident
      7. Any item that may not in itself be an illegal drug but presented to be a drug and passed off as a drug.
      8. Improper use of products for purposes of altering mood or state of being. This includes the misuse of legal products as inhalants.
    3. Flammable Materials/Arson
      1. Use or possession of flammable materials, including incendiary devices, and/or other dangerous materials or substances used to ignite, spread, or intensify flames for fire.  Attempting to ignite and/or the action of igniting College facilities, and/or personal property either by intent or through reckless behavior which results in damage to College and/or student property.
    4. Firearms, Weapons and Explosives
      1. Use or possession, exhibition or display of ammunition or any item(s) considered a legal weapon, including, but not limited to, handguns, firearms, ammunition, fireworks, pellet guns, paintball guns, B.B. guns, blow guns, daggers, nunchucks, swords, knives, explosive and/or noxious materials deemed potentially harmful to another on College premises are forbidden.
    5. Theft, Damage, or Unauthorized Use
      1. Attempted or actual theft of property or services of the College, other College students, other members of the College community, or campus visitors.
      2. Possession of property known to be stolen or belonging to another person without the owner’s permission.
      3. Unauthorized use of facility, equipment, lab or resource, including unauthorized use of telephones or telephone systems.
      4. Attempted or actual damage to property owned or leased by the College, by College students, members of the College community, or campus visitors.
      5. Attempted or actual unauthorized use of a credit card, debit card, student identification card, cell phone, personal identification number, test number, account information, and/or personal check.
      6. Alteration, forgery, or misrepresentation of any form of identification.
      7. Possession or use of any form of false identification or providing false documentation for College information.
      8. Misuse or attempted or actual damage to or defacing property owned or leased by the College, by College students, members of the College community, or campus visitors.
      9. Failure to provide requested information, or misuse of a College document, form, record, or identification card, or providing false information on a college document. (ex. Failure to claim a felony on admissions or housing application if requested)
      10. Tampering with security camera systems
      11. Tampering with  automated door systems
    6. Actions against Members of the College Community (Certain actions will result in Title IX investigations)
      1. Conduct which threatens or endangers the health or safety of self or others, including, but not limited to, acts such as physical abuse, verbal abuse, threats, intimidation, harassment, stalking, sexual harassment, sexual assault, rape and coercion.
      2. Intentional or reckless conduct which endangers the health or safety of self or others.
      3. Behavior that disrupts the normal operation of the College, including its students, faculty and or staff.
      4. Hate Crime - is a usually violent, prejudice motivated crime that occurs when a perpetrator targets a victim because of his or her perceived membership in a certain social group. Examples of such groups include but are not limited to: ethnicity, gender identity, disability, language, nationality, physical appearance, religion, or sexual orientation
      5. Sexual misconduct that involves:
        1. Deliberate touching of another’s sexual parts without consent, fondling.
        2. Deliberate sexual invasion of another without consent.
        3. Deliberate constraint or incapacitation of another, without that person’s knowledge or consent, so as to put another at substantially increased risk of sexual injury.
        4. Unwelcomed sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that expressly or implicitly imposes conditions upon, threatens, interferes with, or creates an intimidating, hostile, or demeaning environment for an individual’s academic pursuits, College employment, participation in activities sponsored by the College, organizations or groups related to the College, or opportunities to benefit from other aspects of College life.
      6. Excessive pressure, threats or any form of conduct, coercive tactics or unwanted mental coercion techniques used to retain or recruit a student for membership in an organization.
      7. Passive or covert behavior may also be regarded as quite disruptive. Examples of passive yet disruptive behaviors are those students whose poor personal hygiene so seriously offends the sensibilities of roommates/classmates and instructors that the classroom becomes an academic/residential environment that is no longer tenable.
      8. Engaging in any conduct defined as racial harassment in the college policy and procedure prohibiting racial harassment.
    7. Failure to register as a sex offender with the Registrar in accordance with college policy.
    8. Gambling, wagering, gaming, or bookmaking as defined by federal, state, and/or local laws is prohibited on College premises or while using College equipment or other services.
    9. Hazing is any intentional, knowing or reckless act directed against a student by one person acting alone or by more than one person, occurring on or off the premises, that endangers the mental and/or physical health or safety of a student for the purpose of pledging or associating with, being initiated into, affiliating with, holding office in, seeking and/or maintaining membership in any organization whose membership consists of students.

      NOTE: Consent and/or acquiescence by a student(s) subjected to hazing is not considered a reasonable defense in a disciplinary proceeding.

      Hazing includes but is not limited to:
      1. Any type of physical brutality, such as whipping, beating, using a harmful substance on the body, or similar activity.
      2. Any type of physical activity, such as sleep deprivation, exposure to the elements, and confinement in a small space, or calisthenics that subjects the student to an unreasonable risk of harm or that adversely affects the mental and/or physical health or safety of a student.
      3. Any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance which subjects a student to an unreasonable risk of harm or which adversely affects the mental or physical health or safety of a student.
      4. Any activity that intimidates or threatens a student with ostracism, that subjects a student to extreme mental stress, shame, or humiliation or that adversely affects the mental health or dignity of a student or that discourages a student from entering or remaining registered at this educational institution or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described above.
      5. Any activity in which a person engages in hazing; solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing; intentionally, knowingly, or recklessly permits hazing to occur; has firsthand knowledge of the planning of a specific hazing incident which has occurred and knowingly fails to report the incident in writing to Student Services.
      6. Any activity in which hazing is either condoned or encouraged or any action by an officer or combination of members, pledges, associates, or alumni of the organization of committing or assisting in the commission of hazing.
      7. Under both state and federal law, it is a crime to publish, sell, distribute, display, or, in some cases, merely to possess obscene materials or child pornography.
    10. Fire Safety, False Alarms, or Terroristic Threats
      1. Intentional sounding of a false fire alarm, falsely reporting an emergency or terroristic threat in any form, issuing a bomb threat, constructing mock explosive devices, destruction or activation of fire sprinklers, filing false police reports, improperly possessing, tampering with, or destroying fire equipment or emergency signs on College premises.
      2. Failure to evacuate the building immediately upon the sound of an alarm or to follow specific evacuation and safety procedures. Exceeding designated fire code capacity of a room/facility.
      3. Misusing or tampering with fire safety equipment. *Examples include removal of doors, door closures, exit signs, emergency exits, alarm pull stations, smoke detectors, or fire extinguishers.
      4. Initiating, communicating, or circulating a false report of a present, past, or future bombing, fire, offense, or other emergency that would cause action by an agency organized to deal with emergencies; placing a person in fear of imminent serious bodily injury; or preventing or interrupting the occupation of a building, room, vehicle, or other mode of conveyance.
      5. Posting any statement on social media that could be considered a threat against the college community or individual.
    11. Financial Irresponsibility
      1. Failure to meet financial obligations owed to the College, or components owned or operated by the College, including, but not limited to, the writing of checks from accounts with insufficient funds.
    12. Financial Transactions with the College
      1. A student who owes a debt or has an outstanding financial obligation to the College may be denied admission or readmission to the College, and have his/her official transcript, grades, diplomas, and degrees to which he/ she otherwise would be entitled, withheld until the debt or obligation is paid or met.
      2. A student with a past due unpaid balance is considered to have a delinquent status. Delinquent accounts may be turned over to a collection agency, potentially affecting students’ personal credit ratings. Students with delinquent accounts are responsible for any charges associated with the collection of such delinquent accounts.
      3. A student who writes a non-payable check to the College for tuition and/or fees will have his/her registration canceled
      4. A non-payable check written to the College for other purposes will subject the student to legal and/or disciplinary action.
    13. Unauthorized Entry, Possession, or Use
      1. Unauthorized entry into or use of College premises or equipment.
      2. Unauthorized possession, use, duplication, production, or manufacture of any key or unlocking device, College Identification Card, or access code for use in College premises or equipment.
      3. Unauthorized use of the College name, logos, registered marks, and/or symbols of the College.
      4. Unauthorized use of the College’s name to advertise or promote events or activities in a manner that suggests sponsorship and/or recognition by the College.
      5. Accessing campus roofs or window ledges.
      6. Removing or damaging window screens in the Residence Halls.
    14. College Parking Services
      1. Violation of College traffic and parking regulations.
      2. Obstruction of the free flow of vehicular and/or pedestrian traffic on College premises or at College sponsored or supervised functions.
    15. Failure to Comply
      1. Failure to comply with the reasonable directives or requests of a College official acting in the performance of his/her duties.
      2. Failure to present student identification on request or identify oneself to any College official acting in the performance of his/her duties. 
      3. Failure to comply with the reasonable directives of an institutional official (including resident assistants) acting in the performance of his/her duties; includes loitering upon College property after being warned to leave by a person in charge.
      4. Violation of College regulations and policies, including residential life policies, housing contracts, or motor vehicle regulations.
      5. Obstruction of an investigation being conducted by the College administration/security/police and/or other law enforcement officers while conducting official business on Campus by a student/visitor will be subject to disciplinary sanction by the College and possible arrest.
    16. Abuse, Misuse, or Theft of College Computer Data, Programs, Time, Computer, or Network Equipment
      1. Any violation of the IT Acceptable Use Policy (1045), Copyright Policy (1041) or Social Networking Policy (1057).
    17. Providing False Information or Misuse of Records
      1. Knowingly furnishing false information to the College, or to a College official in the performance of his/her duties, either verbally or through forgery, alteration, or misuse of any document, record, or instrument of identification.
      2. Failure to report felonies on the application for admission or housing application.
    18. 18. Skateboards, Rollerblades, Scooters, Bicycles, or Similar Devices
      1. Ball playing, the use of skateboards, rollerblades, hover boards, scooters, bicycles, or other similar devices in College buildings or on College premises in such a manner as to constitute a safety hazard or cause damage to College or personal property.
    19. Violation of Federal, State, and/or Local Law
      1. Misconduct which constitutes a violation of any provisions of federal, state, and/or local laws.
    20. Violation of Published College Policies, Rules, or Regulations
      1. Violation of any published College policies, rules, or regulations that govern student or student organization behavior, including, but not limited to, violations of College Operating Policies and Procedures and Title IX.
      2. Violating a published College policy governing residence life or breaching a Housing and Residential Life contract.
      3. Violation of the College smoking/vaping policy.
    21. Abuse of the Discipline System
      1. Failure of a student to respond to a notification to appear before the Judicial Officer or Equity Grievance Panel Member during any stage of an investigation or disciplinary proceeding.
      2. Failure to comply with or respond to a notice issued as part of a disciplinary procedure and/or failure to appear will not prevent the Judicial Officer or Equity Grievance Panel Member from proceeding with an investigation of disciplinary action.
      3. Falsification, distortion, or misrepresentation of information in disciplinary proceedings.
      4. Disruption or interference with the orderly conduct of a disciplinary proceeding.
      5. Filing an allegation known to be without merit or cause.
      6. Discouraging or attempting to discourage an individual’s proper participation in or use of the disciplinary system.
      7. Influencing or attempting to influence the impartiality of a member of a disciplinary body prior to and/or during the disciplinary proceeding.
      8. Harm, threat of harm, or intimidation, either verbally, physically, or written, of a member of a disciplinary body prior to, during, and/or after disciplinary proceedings.
      9. Abuse of the campus judicial system, including but not limited to; failure to obey the summons of a campus official pertaining to a judicial case.
      10. Influencing or attempting to influence another person to commit an abuse of the discipline system.
      11. Aiding, abetting, conspiring, or being an accessory to any act prohibited by this code is to be considered the same as completed violations.
      12. Retaliation against any person or group who files grievances or provides evidence, testimony, or allegations in accordance with the Student Handbook.
      13. Failure to heed an official summons to the office of an administrative officer within the designated time, or failure to heed an official summons issued by a College disciplinary or appeals proceeding (includes failure to identify oneself to an institutional representative in response to a request), or when acting in the performance of their duty.
      14. Failure to comply with the sanctions, conditions, and/or restrictions imposed under the Code of Student Conduct or the Student Handbook by the Judicial Officer, Equity Grievance Panel/Coordinator of Equity and Compliance /College Security/ Police.
      15. Failure to maintain a current official mailing address in the Student Records Office, or giving a false or fictitious address to an institutional representative.
    22. Guests
      1. Failure to take immediate and appropriate action to prevent or to stop a violation by a guest.
      2. Persons who have been evicted/trespassed from the residences/campus for any reason returning as guests following eviction/trespassing.
      3. The presence of a guest, minors or adults, after visitation hours in the residential facility are not permitted.
    23. Noise
      1. Unreasonable noise in and around residential facilities that disrupts or potentially disrupts residents or neighboring community members.
        1. During Quiet Hours (11PM-7AM), unreasonable noise is noise that can be heard outside of a room/common area, or noise that could travel into another room/common area.
        2. During Non-Quiet Hours(7AM-11PM), unreasonable noise is noise that interferes with, or has the potential for interfering with, the ability of others to sleep or study or noise that can be heard 3 feet outside of the room.
      2. Use of amplified sound, subwoofers, or musical instruments that violate Quiet or Courtesy Hours.
      3. Noise from a vehicle that disrupts residents, classrooms, College functions, or neighboring community members.
    24. Possession of a Pet on campus
      1. Other than a service/emotional support animal, pets are not allowed in campus housing.
      2. Other than service animals, pets are not allowed in campus buildings.
    25. Trespassing
      1. Entering any private room, locked building, or common area without following security procedures or obtaining appropriate permission.
      2. Entering the College campus, residential facilities, parking lots, sporting fields, gymnasium, etc. after being trespassed from the specific area.
    26. Complicity
      1. Attempting, aiding, abetting, conspiring, hiring, or being an accessory to any act prohibited by the Student Handbook shall be considered to the same extent as completed violations.
    27. Disorderly Conduct/Breach of Peace
      1. Engaging in conduct on College premises or at College sanctioned events, which a reasonable person would believe to be violent, abusive, indecent, obscene, profane, unreasonably loud, or disorderly, and which has a tendency to disturb the peace; or
      2. Engaging in conduct on College premises or at College sanctioned events which a reasonable person would believe to be maliciously disturbing, threatening, or insolent, and which has the tendency to cause a disturbance of the peace; or
      3. Engaging in conduct that aids and abets another in a disturbance of the peace to the College or to a College sanctioned event.
      4. Conduct that has the "tendency to disturb the peace" is defined as conduct that is likely to cause violence, or community consternation and alarm. Such conduct is inconsistent with the College's dedication to providing a community that fosters and supports personal and social growth for all members of the College community.
    28. Ethical or Professional code violation
      1. Violation of licensure board rules and regulations, state and federal laws, and/or other applicable regulatory or privileges issues: as defined by the student’s program or professional association or licensure board, as may be applicable to the student(s), or applicable laws and regulations.   
    29. Photographing, Videotaping, filming or recording
      1. Secretly viewing, with or without a device, another person without that person’s consent in any location where the person has a reasonable expectation of privacy, or in a manner that violates a reasonable expectation of privacy. This does not apply to lawful security or surveillance filming or recording that is authorized by law enforcement or the college.
    30. Res Hall Academic Status Policy
      1. To be eligible to reside in the residence halls, you must be a full-time student enrolled in and attending at least 12 credit hours of class.  Residents who drop below full-time status may not be eligible for continued occupancy in the residence halls. 
      2. Of the minimum 12-hours students are required to be enrolled in and attending; at least 9 of those hours must be on-campus classes.  Late starting classes will not count towards the 12-hour minimum until their starting date or after.  Residence Halls reserved the rights to determine if a student is attending his/her classes regularly. 
    31. Res Hall Visitation Policy:  Guests and Overnight Visitors

      11:00 am to 12:00 Midnight Monday, Tuesday, Wednesday and Thursday

      11:00 am Friday through 12:00 Midnight Sunday

      1. The residence halls are open to visitors of the opposite gender at the following times:
      2. Guests of the same gender may visit the residence halls at any time; however, guests are asked to limit their stay to no more than two (2) consecutive nights.
      3. Guests who are not immediate family members must be at least 18 years of age in order to be admitted to the residence halls.  High school students who are not immediate family members are not permitted to enter the residence halls unless accompanied by a HCC staff member.
      4. Guests should park on the streets surrounding the residence halls, not in the residence hall lots.
  2. Campus Disorder or Unrest

    The following policies will be followed in case of campus disorders or student unrest or in the event any building or portion thereof is seized or occupied unlawfully.

    The College President (or in the President's absence, the administrator in charge) will be notified immediately of any such activity. No other action shall be taken on behalf of the College until such notification has been made. Only the President (or in the President's absence, the administrator in charge) is authorized to call for assistance from law enforcement officials.

    No conference will be held between any College official and the parties involved in such activities so long as any violence is taking place on the campus or while any building or portion thereof is being occupied by such parties, or while such parties bar other persons from such building, or portion thereof, thereby preventing the orderly conduct of school activities.

    The College reserves the right to pursue civil, criminal, and college disciplinary remedies against any person involved in such activity.

  3. Emergency Suspension (Danger to Self or Others)

    The College President or the President's designee may immediately suspend a student in the event that it is reasonably determined that a student's continued presence on campus poses a significant danger to either the student or to others or if there is reasonable cause to believe that such an interim suspension is required to protect lives or property and to ensure the maintenance of order.

  4. Initial Disciplinary Procedure

    The College President will designate disciplinary officers for purposes of dealing with issues of non-academic misconduct and for acting as hearing officers upon appeal. These officers include, but are not limited to, the Director of Residence Life and the Vice President of Student Services.
    For violations of the student code of conduct (other than those that result in an immediate suspension as described above) that occur in a course or college program, the faculty member or department chairperson will inform the student of the alleged offense, and after an investigation and a conference with the student, will take one of the following actions:

    1. Dismiss the allegation as unfounded.
    2. Upon admission of guilt by the student, impose a level one sanction.
    3. Upon admission of guilt by the student, recommend to a disciplinary officer the imposition of a level two sanction.
    4. Determine guilt based upon reasonable evidence and impose a level one sanction.
    5. Determine guilt based upon reasonable evidence and recommend to a disciplinary officer the imposition of a level two sanction.

    Upon completion of the investigation, a written statement will be provided to the student and to the Vice President of Student Services detailing the allegation, the finding, and the sanction imposed or recommended. If a level two sanction is recommended, the author of the report will specify the following: (1) whether the behavior of the student is reasonably expected to cause continued material disorder, disruption, or interference with the school's operation and (2) whether the sanction should stand pending the outcome of any appeal.

    For incidents that occur in areas other than those reasonably construed as academic, the College disciplinary officers or their designees will inform the student of the alleged offense, and after an investigation and a conference with the student, will take one of the following actions:

    1. Dismiss the allegation as unfounded.
    2. Upon admission of guilt by the student, impose a level one sanction.
    3. Upon admission of guilt by the student, recommend the imposition of a level two sanction; or as a discipline officer, impose a level two sanction.
    4. Determine guilt based upon reasonable evidence and impose a level one sanction.
    5. Determine guilt based upon reasonable evidence and recommend to a disciplinary officer the imposition of a level two sanction; or as a disciplinary officer impose a level two sanction.

    Upon completion of the investigation, a written statement will be provided to the student and to the Vice President of Student Services detailing the allegation, the finding, and the sanction imposed or recommended. If a level two sanction is imposed or recommended, the author of the report will specify whether the behavior of the student is reasonably anticipated to cause continued material disorder, disruption, or interference with the school's operation, and that the sanction should stand pending the outcome of any appeal.

    The office of the Vice President of Student Services will maintain disciplinary files on each case that involves non-academic discipline. The office of the Director of Residence Life will maintain disciplinary files on each case that involves residence-hall discipline.

    Level One Sanctions

    Imposed for less serious violations of the code of conduct, level one sanctions include those sanctions not ordinarily imposed for conduct described under Level Two Sanctions. Level One Sanctions include but are not limited to the following:

    1. Dismissal from a class period by the instructor.
    2. Dismissal from a section of a class by the instructor and department chair.
    3. Probationary periods in a class, activity, residence hall, food service area, recreation area, or some other environment where a violation has taken place.
    4. The imposition of college service work or community service work.
    5. Restriction of privileges including, but not limited to, access to services, visitation in residence halls, recreational services, parking, and entrance into college events.
    6. Required professional consultation (counseling, medical, psychological, drug and alcohol, etc.) to correct behavioral problems.
    7. If a student is disruptive in a classroom, lab, or other structured learning activity, they may be immediately dismissed for the remainder of the period without an investigation or conference.

    Level Two Sanctions

    Level two sanctions are imposed for repeated or serious offenses that, in the judgment of the disciplinary officer, merit the imposition of Level Two Sanctions that require the imposition of college wide sanctions such as the following:

    1. Admonition/warning - oral or written reprimand from the disciplinary officer to the student on whom it is imposed.
    2.  Educational sanctions - A specific number of hours of community service, completion of a reflection or research paper, attending a class, attending a program, attending a lecture, attending counseling or other actions.
    3. Disciplinary probation - indicates that the student has engaged in unacceptable behavior and that further violation may result in more severe disciplinary action, including suspension. The disciplinary officer may impose conditions related to the offense, such as counseling, educational seminars, special classes, or unpaid work assignments, etc. Failure to meet the conditions will be considered an additional violation.
    4. Withholding of grades, official transcript, or degree - the disciplinary officer may withhold the issuance of an official transcript, degree, grade, or certificate of completion from a student alleged to have violated a rule or regulation of HCC that reasonably would allow the imposition of the penalty of such withholding. The disciplinary officer may take such action pending an investigation, disciplinary hearing, appeals hearing, and/or exhaustion of appeal rights.
    5. Suspension of rights and privileges - including participation in intramural, extracurricular activities, election to student office, housing or visitation privileges, and other student activities.  Suspension will be for a specified period of time and may impose limitations to fit the particular case, including removal from office or activities. Suspension may include prohibition from representing the College in any special honor activities. This penalty does not supersede or negate the rights or responsibility of any director of such activities to take interim action as necessary.
    6. Bar against readmission - for a specified period of time, and/or drop from current enrollment, or drop from enrollment in one or more courses.  This sanction will become a part of the student’s permanent record and may be removed upon completion of the sanction period at the student’s request.
    7. Restitution - reimbursement for damages to or misappropriation of College, student, or employee property. Restitution may be monetary or by specific duties.
    8. Denial of Degree - a student found guilty of scholastic dishonesty may be denied his/her degree. This sanction will become a part of the student’s permanent record.
    9. Failing grade, or other academic penalty - other academic penalties could include reduction of grade in a test, course, or other academic work, and/or performance of additional academic work not required of other students in the course.
    10. Suspension from the College for a specified period of time - during such a suspension, a student will not attend class or participate in College campus activities (prohibits the student from entering the College campus without prior written approval of the Vice President of Student Services). Suspension from the College and/ or suspension of rights and privileges are the minimum penalty that will be assessed for conviction of illegal use, possession, and/or sale of a drug, narcotic, controlled substance, or alcohol on College property. This sanction will become a part of the student’s permanent record and may be removed upon completion of the sanction period at the student’s request.
    11. Expulsion from the College - expulsion may be permanent or for a specific period of time not less than one year. Permanent dismissal from the College prohibits the student from entering the College campus without prior approval of the Vice President of Student Services. This sanction will become a part of the student’s permanent record. Expulsion may include receiving F’s for all grades for classes currently enrolled.
    12. Revocation of a degree, grade, or certification may be imposed when the violation involves scholastic dishonesty. This sanction will become a part of the student’s permanent record.
    13. Blocking a student from enrollment until the student performs a specified act.
    14. Bar from Campus after suspension or dismissal - a student who has been suspended or dismissed from a state-supported institution of higher education after a hearing, in accordance with procedures established by the institution, for disrupting the orderly operation of the Campus or facility of the institution, as a condition of the suspension or dismissal, may be denied access to the Campus or facility, or both, of the institution for a period of suspension and, in the case of dismissal, for a period not to exceed one year.
    15. Eviction or barred from campus housing.
    16. Administrative withdrawal from a class or classes.
  5. Appeal of Level One Sanction

    Within three business days (a business day is defined as a day that the College is open for business) after the date a sanction is imposed against a student by a disciplinary officer, the student or a representative of the College may appeal the disciplinary officer's decision by communicating in writing a request for appeal. Requests for appeal should be returned to the Vice President of Student Services' office, either in person or by mail. If an appeal is not received by the College or the student within the time period stated above, the student or the College will be deemed to have waived the right of appeal and the disciplinary officer's decision will be deemed final. In the event of an appeal to the Vice President of Student Services, the Vice President of Student Services will interview the student and the disciplinary officer and either affirm, modify, or reverse the disciplinary officer's decision. The decision of the Vice President of Student Services shall be final and not subject to further appeal.

  6. Appeal of Level Two Sanction


    Within three business days (a business day is defined as a day that the College is open for business) after the date the electronic notification of the imposition of a sanction against a student by a disciplinary officer, the student or may appeal the disciplinary officer's decision by communicating in writing a request for appeal. Requests for appeal should be returned to the Vice President of Student Services' office, in writing. If an appeal is not received by the College or the student within the time period stated above, the student will be deemed to have waived the right of appeal and the disciplinary officer's decision will be deemed final.

    The request for appeal should contain a description of the disciplinary officer's decision being appealed, the date the offense took place, and the requested outcome.

  7. The Discipline Committee

    Upon receipt of the appeal, a hearing officer will be appointed to chair a hearing before the College's Discipline Committee. The hearing officer will be a person other than the disciplinary officer whose decision is being appealed. The discipline committee shall be chaired by a hearing officer appointed by the College's President or designee and is composed of representatives from administration, faculty, and the student body. To hear an appeal, the Committee will consist of a minimum of two members and a designated hearing officer and will include at least one administrator, one faculty member, and one student.

    The student will be notified by e-mail at least three business days prior to the hearing. The notice will state the time, date, and place of the hearing. The hearing will be held within 10 business days of receipt of the request for appeal. If a student appeals and fails to appear in person for the scheduled appeal hearing, the Committee will dismiss the appeal and the earlier decision will be deemed final.

    At any hearing before the Discipline Committee the following will occur:

    1. The student will have a right to hear charges of conduct violations read.
    2. Each party will have the right to have an adviser present (including an attorney) at the party's own expense. Although each party has the right to have an adviser present, the adviser may not speak for the College or the student or cross examine witnesses.
    3. Each party will have the right to hear the testimony and see the evidence presented at the hearing.
    4. Each party will have the right to present witnesses to be heard by the Committee.
    5. Each party will have the right to provide a statement and give reasons supporting its position.
    6. Proceedings will be recorded, except for Committee deliberations.
    7. A written report will be prepared by the Committee affirming, modifying, or reversing the decision appealed. The Committee may modify the sanctions by either decreasing the severity of the sanctions or increasing the severity of the sanctions. Copies of the written report will be e-mailed to the student at the student's college e-mail address and delivered to the Vice President of Student Services and to the College President.
  8. Appeal to the President

    If either party is dissatisfied with the decision of the Disciplinary Committee, the Committee's decision may be appealed to the College President by submitting a written request for appeal to the President's office within five business days after the date of the Committee's written report of its decision. In order to be complete, the letter of appeal should follow the format outlined in the appeal of level two sanctions section. If neither of the parties appeals during the time specified, the Committee's decision will be deemed final.

    If, in the opinion of the President, the behavior of the student is reasonably expected to cause continued material disorder, disruption, or interference with the school's operation, the President may find that the sanction will stand pending the outcome of the appeal.

    Upon receipt of a complete request for appeal, the President will review the recording and any written materials submitted at the Disciplinary Committee hearing. At the President's sole discretion, the parties may be asked to appear or the parties may be asked to present additional evidence. If additional evidence is requested, it will be presented in a manner granting each party the same due process rights as those outlined above. Within 10 days of delivery of the request for appeal or within 10 days after the date upon which the parties appear or additional evidence is presented to the President, the President will affirm, modify, or reverse the decision of the Disciplinary Committee. The President's decision is final and will be set forth in a written report and the report will be e-mailed to the student.

  1. Disciplinary Sanctions

    Sanctions are divided into two categories as described below. When sanctions are imposed, it is the responsibility of the student to abide by sanctions applied and to follow established procedure in connection with any appeal from decisions imposing such sanctions.

    In the event that a sanction is imposed that has a time limit and the time remaining in the semester or school year is less than the sanction imposed, the sanction will carry forward to the next semester or college year that the student attends HCC.

  2. Failure to Respond / Default

    If the charged student does not schedule or attend a mandatory meeting by the date specified in the notice, or fails to follow instruction or submit requested documentation or information within a reasonable specified amount of time, the college may proceed with adjudication of the case in the student’s absence. In such cases, the student, by failing to respond or participate, shall be in default and will have waived any right to further due process.

  3. Additional Procedures for Campus Disciplinary Action

    If a crime is committed on campus (including but not limited to murder, robbery, aggravated assault, burglary, or motor vehicle theft), the occurrence shall be reported to the proper authorities by calling 911 and should also be reported to the HCC Security Office (665-3590). The Security Office staff will consult with police agencies and any other applicable College official investigating the case, when appropriate, and will provide assistance to the victim as necessary in accordance with College policy and federal and state laws and regulations.

  4. Disclosure of Disciplinary Information
    1. Upon written request, the College will disclose to the alleged victim of a violent act or a sexual assault, the result of any disciplinary hearing conducted by the College. In the event that the alleged victim is deceased, the College will disclose the results of any hearing conducted to the student's next of kin upon written request.
    2. In the event that a disciplinary investigation or action yields information upon which the College reasonably concludes that a crime may be committed or that an individual represents a danger to the individual or to others, the College may disclose information to appropriate parties without the student’s consent.
    3. The College will disclose information regarding disciplinary actions imposed on a student to the student's parents or guardians upon written request.
1300 North Plum, Hutchinson, KS 67501
1-888-GO-HUTCH or (620) 665-3500
info@hutchcc.edu