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POLICIES AND PROCEDURES

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Disciplinary Proceedings

Policy Number: 1047

A. Standards of Conduct for Students
When students enroll at HCC, they assume the obligation to conduct themselves in a manner compatible with the college's function as an educational institution. While on college premises or at college sponsored or supervised events, students are subject to disciplinary action for misconduct. Misconduct for which students are subject to discipline includes but is not limited to the following:

  1. Disobedience or defiance of college officials, faculty, staff or campus security officers.
  2. Assault, battery or any other form of physical abuse of a student, college employee or campus visitor.
  3. Verbal or written abuse of a student, college employee or campus visitor, including abuse communicated by electronic means.
  4. Any conduct that threatens the health or safety of the student or others.
  5. Theft of or intentional damage to property of the college, a student, a college employee or a campus visitor.
  6. Interference with the normal operations of the college (for example, disruption of teaching and administrative functions, disciplinary procedures, pedestrian or vehicular traffic or other college activities, including its public service functions).
  7. Use of sound amplification equipment in a manner that disturbs the privacy of other individuals and/or the instructional program of the college.
  8. Unauthorized entry into or use of college facilities.
  9. Forgery, falsification, alteration or misuse of college documents, records or identification.
  10. Dishonesty such as knowingly furnishing false information to the college and its officials.
  11. Disorderly, lewd, indecent or obscene conduct.
  12. Extortion.
  13. Breach of peace on college property or at any college sponsored or supervised function.
  14. Violation of the college alcohol and drug policy.
  15. Unauthorized possession or use of firearms (including BB guns,paintball, and airsoft guns), explosives (including fireworks), dangerous chemicals or other weapons on college property or at college sponsored activities.
  16. Violation of campus policies regarding the use of tobacco.
  17. Failure to satisfy financial obligations to the college.
  18. Any conduct or omission which would constitute a misdemeanor or felony offense under the laws of the State of Kansas or the United States.
  19. Failure to identify oneself when on college property or at a college sponsored or supervised event upon the request of a college official acting in the performance of his/her duties.
  20. Harassment of a student, employee or campus visitor or violation of college policies on harassment.
  21. Violation of federal, state and local laws that affect the student's suitability as a member of the college community.
  22. Theft or other abuse of college information technology systems, including computer equipment, electronic data files, network infrastructure and other electronic equipment, including but not limited to
    1. Unauthorized entry into an electronic file or network packet to use, read or change the contents or for any other purpose.
    2. Unauthorized transfer of an electronic file including unauthorized distribution of copyrighted material and peer-to-peer distribution of intellectual property.
    3. Unauthorized use of another individual's identification or password.
    4. Use of computing facilities or other communication devices to interfere with the work of another student, faculty member or college official.
    5. Use of computing facilities or other communications equipment to view or send obscene or abusive images, sound bites or messages.
    6. Use of computing facilities to interfere with normal operation of the college computing system.
    7. Sending or viewing electronic or voice communications or images that are obscene or harassing.
    8. Changing the configuration of college computing or network equipment or using college private or public network addresses without authorization.
    9. Running any Internet-based service that absorbs HCC network bandwidth to deliver electronic information including but not limited to music, video or gaming services.
  23. Unauthorized use of telephone, fax, electronic messaging or other communications equipment.
  24. Abuse of the college's discipline policies and procedures, including but not limited to the following:
    1. Failure to obey the summons of a hearing committee or college official.
    2. Falsification or misrepresentation of information before a hearing committee or college official.
    3. Disruption or interference with the orderly conduct of a hearing.
    4. Attempting to influence the impartiality of a member of a hearing committee prior to or during the course of the hearing.
    5. Harassment (verbal or physical) or intimidation of a member of a hearing committee prior to, during or after a hearing.
    6. Failure to comply with any sanctions imposed under the student code of conduct.
    7. Influencing or attempting to influence another person to commit an abuse of the judicial system.
  25. Hazing, defined as an act which endangers the mental or physical health or safety of a student or which destroys or removes public or private property for the purpose of initiation, admission into, affiliation with or as a condition for continued membership in a group or organization.
  26. Dumping, littering or disposal of refuse on college property except in designated refuse areas.
  27. Violation of college policies and rules including those established in residence halls and food service facilities.
  28. Rape, acquaintance rape or other forcible or non-forcible sex offenses.
  29. Receiving or possessing stolen property.

B. 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.

C. 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.

D. 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 imposed or 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 discipline 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 discipline officer the imposition of a level two sanction; or as a discipline 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.

With regard to sanctions imposed as a result of a code of conduct violation in residence halls, students may appeal to the Residence Life Judicial Review Board.

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. Eviction from residence halls.
  2. Disciplinary Probation -- This sanction is an official warning that the student's conduct is in violation of college regulations. Students on disciplinary probation are deemed "not in good standing" with the college. The duration of the probationary period and conditions imposed will be in proportion to the seriousness of the misconduct. Depending on the circumstances and at the discretion of the college, other conditions and/or restrictions may be imposed. Additional code of conduct violations during the probationary period will result in further action.
  3. Suspension -- This sanction is an official action taken by the college which suspends all rights as a student at Hutchinson Community College during a specified period of at least ten days or not more than the time remaining in the current academic semester. During periods of suspension, the party suspended may not attend classes, activities or events sponsored by the college and may notnot to be on any property owned or used by the college. Academic assignments will not be accepted during the period of suspension and will not be made up. Violations of suspension will result in appropriate criminal charges being filed, as well as additional disciplinary action being taken. Suspension does not absolve the student of any financial obligations to Hutchinson Community College.
  4. Expulsion -- Expulsion may be for a minimum of one full semester and may be imposed for an entire academic year or for an extended period beyond the current academic year. When expelled from Hutchinson Community College, a student may not participate in any college function and may not to be on any property owned or used by the college. Violations of the terms of expulsion may result in the college pursuing criminal and/or civil remedies. When a student is expelled from the college, F grades are recorded for any classes not completed in the current enrollment period. Students who have not been previously expelled may apply for reinstatement to the college by submitting a letter of appeal to the Vice President of Student Services requesting a hearing before the disciplinary committee. Students expelled for an extended term must wait two years before seeking reinstatement.

E. 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.

F. 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, either in person, by e-mail. 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.

G. 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 and is composed of representatives from administration, faculty and students. 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 days of receipt of the request for appeal. If a student appeals and fails to appear 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 testify and give reasons supporting its position.
  6. Proceedings will be tape recorded, except for committee deliberations.
  7. In A written report will be prepared by the committee affirming, modifying or reversing the decision appealed from. 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.

H. 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 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 taped record 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 will be set forth in a written report and the report will be mailed to the student the student's last known address.

In all instances involving Level Two Sanctions other than long term suspension or expulsion, the President's decision shall be final and shall not be subject to appeal. Decisions imposing a long term suspension or expulsion may be appealed to the Board of Trustees.

I. Appeal to the Board of Trustees

The Hutchinson Community College Board of Trustees will hear appeals of long term suspensions and expulsions only after the party has exhausted all other steps of appeal.

Within five business days after the date of the President's report, either party may appeal the President's decision to the Board of Trustees by delivering a written request for appeal to the office of the college President. If no written request for appeal is received within the period specified, the decision of the President will be deemed final.

At the discretion of the board chairperson, student disciplinary appeals may be heard by a designated hearing officer, a portion of the board or a quorum of the board. The student and, if the student is a minor, the student's parents, will be mailed a notice of hearing, at the address on the student's letter of appeal, at least five days prior to the hearing.

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 to the board.

The following will apply at any hearing before the board of trustees:

  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 may not speak for the college or the student or cross examine witnesses
  3. Each party will have the right to present taped or written evidence from previous hearings.
  4. Each party will have the right to hear or review evidence presented.
  5. Each party will have the right to testify and give reasons supporting their respective positions.
  6. Proceedings will be audio taped, except for board deliberations, which are confidential.
  7. In addition to a verbal announcement, a written report will be prepared by the clerk of the board affirming, modifying or reversing the sanction imposed. Copies of the written report will be mailed to the student at the address on his/her appeal letter and given to the Vice President of Student Services and the president.
  8. The decision of the Board of Trustees will be deemed final.

J. 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.

K. Additional procedures for campus disciplinary action involving sexual offenses.

If a crime is committed on campus (including but not limited to murder, rape or other sexual offense, 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 investigating cases and assist as needed.

L. 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 students' 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