MWCC College Catalog — Student Disciplinary Policy & Procedure

Student Code of Conduct Definitions

Accused Student: The student who is alleged to have violated the College’s Student Code of Conduct.

Appeals Officer: The person designated by the College’s President to hear student appeals of a judicial board finding.

Cheating: Includes, but is not limited to:(1) use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) dependence upon the aid of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; or (3) the acquisition, without permission, of tests or other academic material belonging to a member of the College faculty or staff. Cheating shall also include the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgement. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials. Taking credit for work done by another person or doing work for which another person will receive credit. Copying or purchasing other’s work or arranging for others to do work under a false name.

College: This term refers to Mount Wachusett Community College.

College Official: Includes any person employed by the College, performing assigned administrative or professional responsibilities.

College Premises: Includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the College, including adjacent streets and sidewalks.

Complaint: The informal, often unwritten stage of an allegation of a violation of the Student Code of Conduct.

Day: As used in this policy, shall mean a calendar day.

Faculty or Staff Member: Any person hired by the College to conduct classroom, instructional, administrative or support activities.

Complaining Party: The individual bringing a complaint against an accused student.

Judicial Board : A panel of College Officials designated by the Vice President of Student Services & Enrollment Management to conduct a hearing after the Vice President of Student Services & Enrollment Management has determined that a violation of the Student Code of Conduct has occurred and an Administrative Remedy cannot be reached. All Judicial Board members shall act in an impartial, unbiased manner.

Member of the College Community: Includes any person who is a student, faculty member, College official or any other person employed by the College. A person’s status in a particular situation shall be determined by the Director of Human Resources or the Registrar.

Plagiarism: Includes, but is not limited to, the unauthorized use of another individual’s ideas, thoughts or opinions, and expressing them as one’s own without attribution to the individual as the source of those ideas of expressions. It also includes the use of facts, charts, and other graphic representations or information that is not common knowledge, and presenting them without acknowledging the source whether they are in printed form or in an electronic format. Plagiarism not only includes direct quotes but also paraphrasing. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials. This would also include material that is obtained from the computer.

Student: Includes all persons taking courses at the College, both full-time and part-time, credit and non-credit. Persons who are not officially enrolled for a particular term but who have a continuing academic relationship with the College are considered “students.”

Student Organization: Any number of students who have complied with the formal requirements for the College’s organization recognition process.

Time: The number of days indicated at each level shall be considered as a maximum. All reasonable efforts shall be made to expedite the process, but the Vice President of Student Services & Enrollment Management or designee may extend the time limits at their discretion with notice to both parties in writing.

Vice President of Student Services & Enrollment Management or Designee: The College Official designated by the College’s President to be responsible for the administration of the Student Code of Conduct.

Disciplinary Offenses

The College’s jurisdiction under this policy shall extend to student conduct occurring on College property, property under the management and/or control of the College, and/or off College property when such conduct adversely affects the College Community, poses a risk of harm or the threat of harm to the College Community and/or interferes with the College’s pursuit of its objectives and mission. A student shall be subject to the disciplinary sanctions outlined in this policy for acts including, but not limited to:

Physical violence or the threat thereof and/or any conduct that threatens or endangers the health or safety of any person.
Creating or false reporting of bombs.
Extortion - The use, or the express or implicit threat of the use, of violence other criminal means to cause harm to person, reputation, or property as a means to obtain property from someone else without his/her consent.
Unauthorized use of fire alarm or fire equipment.
Unauthorized or illegal gambling.
Hate Crimes as defined under state or federal law.
Hazing as defined under state of federal law.
Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on College premises.
Conduct resulting in a violation of the College’s Information Technology Acceptable Use and/or Email Policies.
Failure to comply with directions of College officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
Failure to identify oneself when on College property or at a
College-sponsored or supervised event, upon request of a College official acting in the performance of his/her duties.
Use possession, or distribution of alcoholic beverages or public
intoxication except as expressly permitted by law and/or College regulations.
Use, possession, or distribution of illegal drugs or other controlled substances.
Breach of peace; including disorderly, lewd, or indecent conduct, or aiding, abetting, or procuring another person to breach the peace on College premises or at functions sponsored by, or participated in, by the College.
Defacement or destruction of College materials or College property.
Attempted or actual theft, or unauthorized use of and/or damage to property of the College or property of a member of the College community or other personal or public property.
Acting in a manner or participating in an event which disrupts the normal operations of the College and the learning environment and infringes on the rights of other members of the College community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area; intentional obstruction which interferes with freedom of movement, either pedestrian or vehicular, on campus.
Harassment (verbal or physical) and or intimidation of a member of the College Community.
Acts of dishonesty, including but not limited to the following:
a. Cheating, including use of unauthorized books or notes,
plagiarism, or other forms of academic dishonesty, as defined by College policy.
b. Forgery, alteration, or misuse of any College document, record, or instrument of identification. Alteration of college records, documents, or identification instruments or the use of the same with the intent to defraud.
c. Furnishing false information to any College official, faculty member or office.
d. Disrupting or tampering with the election of any College recognized student organization.
Abuse of the Disciplinary process, including but not limited to:
a. Falsification, distortion, or misrepresentation of information before a Judicial Board.
b. Disruption or interference with the orderly conduct of a judicial proceeding.
c. Attempting to discourage an individual's proper participation in, or use of, the judicial system.
d. Attempting to influence the impartiality of a member of a Judicial Board prior to, and/or during the course of, the judicial proceeding.
e. Harassment (verbal or physical) and/or intimidation of a member of a Judicial Board prior to, during, and/or after a judicial proceeding.
f. Failure to comply with the sanction(s) imposed under the Student Code.
g. Influencing or attempting to influence another person to commit an abuse of the judicial system.
Unauthorized possession, duplication, or use of keys to any College premises or unauthorized entry to or use of College premises.
Unauthorized solicitation, including but not limited to sale of goods and services for personal profit. Unauthorized activity that constitutes forgery.
Violation of State or Federal Laws not otherwise enumerated herein.
Violation of published College policies, rules, or regulations not
otherwise enumerated herein.

Discipline in the Classroom

Disrupting or disturbing the classroom is a violation of the College’s Student Code of Conduct. A faculty member has the right to remove a disruptive student from class, pending a review of the situation by the Vice President of Student Services and Enrollment Management or designee. Any faculty member may, at any time, refer a student to the Vice President of Student Services and Enrollment Management or designee, if the student is in violation of the Student Code of Conduct. The Vice President of Student Services and Enrollment Management or designee may impose disciplinary sanctions against the offending student consistent with the rules and regulations of the Student Code of Conduct. At the discretion of the Vice President of Student Services and Enrollment Management or designee, a student may be allowed to attend class during the disciplinary review process. In making this determination the Vice President of Student Services and Enrollment Management or designee will consider the severity of the disruptive behavior and may consult with the Chief Academic Officer.

Complaints Alleging Sexual Harassment or Discrimination

Claims of discrimination or sexual harassment shall be pursued under the College’s Affirmative Action Plan. For more information, please contact Diane Ruksnaitis, the College’s Affirmative Action Officer, at the Office of Human Resources or at (978) 630-9160.

Off Campus Behavior

If a student is charged only with an off-campus violation of federal, state, or local laws, the College reserves the right to take disciplinary action and impose sanctions against the student. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.

Code of Conduct Disciplinary Process

The Disciplinary Process is initiated once a formal complaint is filed against a student by a member of the College community or by the Vice President of Student Services and Enrollment Management. This policy is not intended to prevent members of the College Community from attempting to resolve matters mutually and informally. For example, if a student engages in disruptive conduct in the classroom, a faculty member may confront the
student and resolve the matter without resorting to filing a complaint under the Code. Where, however, a matter cannot be resolved mutually and informally, the Code of Conduct Process shall be followed.

1. Disciplinary Process

a. All complaints under the Code of Conduct shall be filed with or by the Vice President of Student Services and Enrollment Management or designee.
b. When the VP receives a complaint that a student has acted in a manner which may be in violation of the Code, the VP or designee initiates the disciplinary process by meeting with the Accused Student, putting him/her on notice of the alleged violation and providing him/her an opportunity to respond to the allegations. Thereafter, the VP or designee may conduct an investigation.
c. If the Vice President of Student Services and Enrollment Management or designee determines that a violation exists, two procedural options are available. One, the violation may be resolved through an administrative disposition conducted by the VP or designee. In this case, the student may accept the administrative remedy proposed by the VP or designee and in doing so waives in writing his/her right to a disciplinary hearing or appeal. Alternatively, if the Accused Student does not accept the proposed administrative remedy, then the student may receive a hearing before a Judicial Board, to which a right of appeal exists.
d. If the student chooses a hearing with the Judicial Board, the VP or designee will schedule a hearing.
e. The Judicial Board will hear the case and issue a written decision and/or sanction within ten (10) days of the hearing.
f. The student may appeal the Judicial Board decision to the College’s Appeals Officer. A right of appeal exists only if based on new evidence or information. Failure to cooperate with the College’s investigation of an alleged Code of Conduct violation, which includes appearing before a Judicial Board or College official if summoned to do so, will result in the student forfeiting his/her rights to a hearing or appeal and/or may result in disciplinary action.

2. Sanctions

A student found in violation of the College’s Code of Conduct shall be subject to one or more of the following sanctions:

a. Verbal Warning
b. Written Warning
c. Restrictions/Loss of Privileges
d. Probation
e. Community/Educational Service
f. Restitution
g. Suspension
h. Expulsion

The intent of the College is to impose sanctions in a progressive manner, beginning with the least punitive sanction. However, depending on the nature and severity of the student’s violation, the College reserves the right to impose any of the above-referenced sanctions at any time. The College also reserves the right to issue an interim suspension where a student’s conduct:

(a) poses a threat to him/herself or others;
(b) poses a threat to or results in damage to College property; or
(c) poses a threat to or results in disruption or interference with the normal operations of the College. During an interim suspension, a student is prohibited from entering the College’s premises or participating in any College activities until further notice from the VP.

3. Charges and Hearing

a. When an Accused Student is to appear before a Judicial Board, all charges shall be presented to the accused student in written form. A notice of charges shall be presented to the student no less than five (5) days prior to the hearing. A hearing shall be scheduled no later than thirty (30) days following the accused student’s request for a hearing.
b. Hearing rules are as follows:

Hearings normally shall be conducted in private.
Admission of any person to the hearing shall be at the discretion of the VP or designee.
In hearings involving more that one Accused Student, the VP/SSAO or designee may permit at his/her discretion individual hearings for each Accused Student.
The Accused Party has the right to be assisted by any advisor he/she may choose, at their own expense. The advisor may be an attorney. An advisor is not permitted to speak or to participate directly in any hearing before a Judicial Board.
Pertinent records, exhibits, and written statements may be accepted as evidence for consideration by a Judicial Board at the Board’s discretion.
All procedural questions are subject to the final decision of the VP or designee.
After the hearing, the Judicial Board shall determine by majority vote whether the student has violated each section of the Student Code which the student is charged with violating.
The Judicial Board's determination shall be based on whether it is more likely than not that the Accused Student violated the Student Code.

c. There shall be a record created of all hearings before a Judicial Board. The record shall be the property of the College subject to state and federal student record laws.
d. A hearing before a Judicial Board is an administrative hearing. The rules of evidence do not apply. Direct cross-examination is not permitted. All questions must be directed through the Board, as indicated below.

4. Conduct of Hearing

A hearing shall proceed as follows:

The VP or designee presents the complaint with supporting investigatory materials and/or witnesses.
Accused Student presents statement, materials and/or witnesses in opposition of the complaint.
Once the parties have presented their respective positions, the Judicial
Board may question each party, their witnesses and review all documentary evidence presented.
After the Board has questioned the parties and/or witnesses, each party will be given the opportunity to question is relevant to the matter, the other party will be asked to respond.
Following the parties’ questioning period, the Board will have another opportunity to question the parties.
Following the hearing’s conclusion, the Judicial Board shall deliberate and issue a written recommendation to the VP or designee, within two days. The VP shall accept, reject, or modify the Board’s recommendation. The VP shall issue his/her decision to the Accused Student within five (5) business days of receiving the Board’s recommendation.

5. Appeal

An Appeal of the VP’s decision is permitted only to consider new evidence, which was not brought out in the original hearing because such evidence was not reasonably known to the Accused Student at that time, and which is sufficiently relevant such that it could alter the VP’s decision. An Appeal must be filed in writing with the Appeals Officer within five (5) days of the Accused Student’s receipt of the VP’s decision. Upon considering an appeal, the Appeals Officer may:
a. confirm the original decision and sanction; or
b. modify the original decision and/or sanction. The Appeals Officer’s decision shall be final. Adopted on: July 1, 2008

Student Grievance Procedure Massachusetts Community Colleges Dated: April 2001

POLICY GOAL: CONFLICT RESOLUTION

Before invoking the student grievance procedure, a reasonable effort shall be made by those involved in a dispute to resolve it amicably. A dispute is most effectively handled and resolved by those closest to the problem, having the best understanding of the issues, and having the ability to formulate a mutually acceptable resolution. Therefore, it is in the best interest of the student, the potential subject of a grievance, and the college to resolve disputes through open and cooperative dialogue. Only when such efforts are unsuccessful should the student grievance procedure be invoked. Throughout all phases of the student grievance procedure, all reasonable efforts shall be made to maintain confidentiality in accordance with applicable law.

DEFINITIONS

Complaint: the informal, unwritten stage of an allegation of mistreatment.
Grievance: a written complaint filed by a student with the person designated by the president as the student grievance officer specifically alleging an abridgment of his or her rights as a student.
Grievant: the student or students filing the complaint or grievance. The grievant must have been a registered student of the college at the time of the alleged mistreatment.
Responding party: the person against whom a complaint or grievance is directed.
Student grievance officer: a college employee assigned responsibility for administering the student grievance procedure, including the maintenance of specified records. The student grievance officer shall ordinarily be the senior student affairs officer. If this individual is the person against whom the grievance is filed, the president shall designate another college official to act as the student grievance officer.
Time: the number of days indicated at each level shall be considered as a maximum. All reasonable efforts shall be made to expedite the process, but the president or his/her designee may extend the time limits in extenuating circumstances with notice to both parties in writing, or by mutual written agreement between the grievant and the responding party.
Day: as used in this policy, shall mean a calendar day.
Senior officer: senior level employee who reports to the president for the responding party’s work area.
Instructional period: the academic semester, summer session or intersession when a grievant knows or should have known of a grievable act or inaction. The instructional period shall end on the last day of final exams.

UTILIZING THE STUDENT GRIEVANCE PROCEDURE

The student grievance procedure may be used by a student to address complaints concerning the alleged abridgment of the student’s rights, as stated in the college’s Student Handbook and/or Policy Guide. The student grievant or the responding party may consult with the student grievance officer at any time. The college’s student grievance officer is Ann McDonald.

The student grievance procedure may not be used for complaints alleging sexual harassment or discrimination. When a student believes that he/she has been discriminated against due to his/her race, creed, religion, color, sex, sexual orientation, age, disability, veteran status, genetic information or national origin, the college's affirmative action grievance procedure is a mechanism for resolution. The college’s affirmative action grievance procedure is contained in the college’s affirmative action plan.

If a complaint involves a grade dispute, a student shall process the complaint in accordance with the student grievance procedure; even if the student alleges that a grade was improper because of discrimination.

At any level of the student grievance procedure, either party may request mediation by contacting the student grievance officer. Mediation shall be mutually agreed upon, and not unreasonably refused by either party. The student grievance officer shall select an impartial mediator who shall be mutually agreed upon and not unreasonably refused by either party, make the arrangements, determine the timetable for the mediation process, and inform the parties of the timetable in writing. Where practicable, a mediation session shall be conducted no later than thirty (30) days after requested and agreed to by the parties. The purpose of mediation is to resolve the dispute to the satisfaction of both parties. If a resolution cannot be achieved, the grievant may proceed with the grievance process.

A claim of physical or sexual assault shall not proceed under the student grievance procedure. A student claiming physical or sexual assault by an employee of the college shall report the incident to the college’s campus police and/or the director of human resources. A student claiming physical or sexual assault by another student or an employee claiming physical or sexual assault by a student shall report the incident to the college’s campus police and/or the dean/vice president of student affairs.

Further, in matters involving physical assault, students and employees are strongly encouraged to report the incident to the local authorities.

Except under extenuating circumstances, as determined by the president or his/her designee, failure by either party to comply with the student grievance procedure during the course of a grievance shall result in the waiving of the noncompliant party’s rights under the procedure.

LEVEL ONE—INFORMAL PROCEDURE

This is the informal stage where most complaints are resolved. The grievant and the responding party should consult with the student grievance officer at this time.

A student grievant initiates the informal phase of the grievance process. As students are strongly encouraged to address complaints as soon as possible so that the responding party may take corrective action, if necessary, an informal complaint shall be brought to the responding party’s attention by the grievant within thirty (30) calendar days from when the grievant knew or should have known of the grievable act or inaction.

The responding party must respond to the grievant’s complaint within ten (10) days. Though this phase of the process is informal, the parties may present their positions in writing. If the matter is not resolved informally within ten (10) calendar days from the date a response to the complaint was due, the grievant may proceed to level two.

In some cases, due to the nature of a grievant’s complaint, a grievant may be unwilling to confront a responding party during the instructional period. Under such circumstances, in order for a grievant to initiate the grievance procedure and preserve his/her rights under the procedure, the grievant must submit his/her informal complaint to the student grievance officer within thirty (30) calendar days from when the grievant knew or should have known of the grievable act or inaction. Thereafter, the grievant may request the student grievance officer to notify the responding party of the informal complaint without identifying the grievant, or the grievant may request that the responding party not be notified until the conclusion of the instructional period. In either case, the student may file a formal complaint no later than thirty (30) calendar days following the end of the instructional period during which the grievant knew or should have known of the grievable act or inaction.

LEVEL TWO—FORMAL PROCEDURE

Prior to filing a written grievance at level two, a grievant must consult with the student grievance officer. The responding party should also consult with the student grievance officer at this phase of the process.

L2-STEP ONE

The student grievance officer shall notify the parties in writing when a complaint is not resolved informally at level one. The grievant may, within ten (10) calendar days after receipt of the student grievance officer’s written notice, file with the student grievance officer a formal written grievance. The grievance shall contain the following information: the name and title of the person(s) against whom the grievance is directed, a statement of all known facts, documents and materials supporting the grievance, a list of individuals who have information pertinent to the grievance, and the relief sought by the grievant. All supporting documents, if any, shall be attached to the grievance as part of the grievance. The grievance shall also state the date it is filed and that it is being filed at “level two, step one.”

The grievance may be filed with the student grievance officer by regular mail, certified mail, or in hand. Thereafter, the student grievance officer shall deliver the grievance, and shall forward supporting documents, if any, to the responding party within five (5) calendar days. If the responding party is unavailable at the time the grievance is filed, the student grievance officer shall use reasonable means to deliver the grievance within a reasonable period of time.

The responding party shall forward a written level two-step one response to the student grievance officer within ten (10) calendar days of his/her receipt of the grievance. The student grievance officer shall deliver the written response to the grievant within five (5) calendar days of receipt.

L2-STEP TWO (Supervisor Level)

If the grievance is not resolved to the satisfaction of the grievant within ten (10) calendar days after his/her receipt of the step one response, or if no written response is submitted, the grievant may within ten (10) calendar days after the written response was received or due, request the student grievance officer to forward the written grievance and response, if any, to the supervisor of the responding party, with a copy to the senior officer of the work area of the responding party.

The supervisor shall investigate the grievance and confer with the senior officer. The supervisor shall forward his/her written decision to the student grievance officer, within ten (10) calendar days after receipt of the step two grievance. Thereafter, the student grievance officer shall deliver the decision to the grievant and the responding party within five (5) calendar days.

At any time before the issuance of the supervisor’s step two decision, the senior officer may request that the parties meet to discuss the issue and attempt to resolve it.

Grade appeals do not go beyond this step (level two—step two) per the section on grade appeals.

Neither party to a grievance may raise no new issues or allegations after step two.

L2–STEP THREE (Student Grievance Committee Level)

If the grievance is not resolved to the satisfaction of the grievant within the period allowed at level two—step two, the grievant may request a hearing before a student grievance committee. Such a request must be in writing and presented to the student grievance officer within ten (10) calendar days from the issuance of the supervisor’s level two—step two decision.

Within ten (10) calendar days of the student grievance officer’s receipt of the grievant’s request for a hearing, the student grievance officer shall arrange a hearing before a student grievance committee. The student grievance officer shall use reasonable efforts to schedule the hearing at a time mutually convenient to the parties. At least twenty-four (24) hours prior to the hearing, the student grievance officer shall provide each member of the committee and all parties to the grievance with copies of the grievance, responses to the grievance, decisions issued, and all relevant supporting documentation and materials. The committee’s make-up and hearing rules are discussed later in this policy.

The committee shall deliver its findings and recommendations to the student grievance officer within ten (10) calendar days following the hearing. A copy of the committee’s findings and recommendations shall be delivered to the grievant, the responding party, and the president or his/her designee, within five (5) calendar days of receipt.

Within ten (10) calendar days of the president’s receipt of the committee’s findings and recommendations, the president or his/her designee, shall issue a written statement accepting, modifying or rejecting the committee’s recommendations. The decision of the president, or his/her designee, shall be final and binding on all parties.

GRADE APPEALS

Complaints or grievances filed in connection with assigned grades represent a special case within the grievance procedure. Grading reflects careful and deliberate assessment of a student’s performance by the instructing professional(s). As such decisions are necessarily judgmental; the substance of those decisions may not be delegated to the grievance process. Nevertheless, the college recognizes that in rare cases the process of grading may be subject to error or injustice. Except as otherwise provided by separate appeals procedures for clinical programs as approved by the president of the college, a student who alleges an error, or injustice in the grading process may file a grievance under the student grievance procedure. A grade appeal grievance shall proceed no further than level two-step two. For purposes of a grade appeal, the senior academic officer of the college, or his/her designee, shall serve as the student grievance officer throughout the grade appeal process.

If the faculty member who assigned the challenged grade is no longer employed by the college or is not available within the timelines specified (see “time” definition), the student may initiate his/her level one complaint with the chief administrator of the appropriate instructional division (who shall be identified by the senior academic officer).

If at any level substantial evidence of error is produced, the grading process may be remanded to the instructor of record for reassessment. If the instructor of record is no longer available, the chief administrator of the appropriate instructional division or his/her designee shall instead reassess the grading process.

MEMBERSHIP OF THE STUDENT GRIEVANCE COMMITTEE

The composition of the college’s student grievance committee shall consist of five members: one student, one unit professional, one faculty member, one non-unit professional and one unit classified employee. The president or his/her designee shall appoint each member from among the recommendations submitted by the student grievance officer.

Service on a committee shall be voluntary, provided that a member who has a personal interest in the particular grievance shall be ineligible to serve on a grievance committee. All college employees serving on a student grievance committee, and acting within the scope of their official duties on the committee, shall be covered to the full extent provided under Massachusetts General Laws, Chapter 258, including, the indemnification provision contained in M.G.L., Chapter 258, Section 9.

All student grievance committee members, as well as all others in attendance at a student grievance proceeding, shall maintain the confidentiality of the proceedings. The student grievance officer shall attend all committee hearings, but shall not vote.

GUIDELINES FOR COMMITTEE HEARINGS

The following guidelines provide the framework for conducting a student grievance committee hearing:

Prior to the hearing, the newly impaneled committee shall meet to elect a committee chairperson. The chairperson shall be selected by a simple majority vote.
The chairperson on the committee shall be responsible for conducting the hearing and drafting the decision of the committee, but shall vote only in the event of a tie.
All hearings shall be closed and deliberations of the committee shall be confidential and conducted in private.
The grievant and the responding party shall be in attendance at the hearing. Each party may be accompanied by an advisor at the hearing. The advisor, however, may not participate in the hearing or question witnesses. Either party may at anytime during a hearing consult in private with his/her advisor.
Witnesses may be asked by the committee to remain outside of the hearing room until they are called to testify.
The grievant will address the committee first. The grievant will state the nature of his/her grievance and may present relevant evidence and/or witnesses in support of the grievance.
The responding party may respond to the grievant’s complaint and present relevant evidence and/or witnesses in opposition to the grievance.
Once the parties have presented their respective positions, the committee may question the parties and/or witnesses.
After the committee has questioned the parties, each party will be given the opportunity to question the other party and their respective witnesses. All questions must be directed through the committee. If the committee determines that a question is relevant to the grievance, the party or witness to whom it is addressed will be asked to respond.
Following the parties’ questioning of each other, the committee will have another opportunity to question the parties and witnesses.
Hearings before the committee shall not be subject to the formal rules of evidence. In all cases, the hearing shall be conducted in a fair and impartial manner.
If a party to a grievance fails to appear for a scheduled hearing, the committee has the discretion to proceed with the hearing and issue its findings and recommendations in the party’s absence.
The decision of the committee shall be based on the relevant evidence presented at the hearing. The decision shall be in writing and include: a list of all documentary evidence and witnesses presented; a summary of the testimony offered by both parties and their respective witnesses; the findings of the committee and its recommendations. Copies of the decision and recommendations of the student grievance committee shall be forwarded by the student grievance officer, to the grievant, the responding party, and the president or his/her designee.
When deciding upon a grievance, the committee shall consider whether a finding against the responding party is fundamentally fair and reasonable under the circumstances and in accordance with applicable college rules and procedures.

WITHDRAWAL

A student may withdraw his/her complaint or grievance at any time. Withdrawal must be accomplished in writing or by oral agreement confirmed in writing.

REPRISALS

No member of the college community shall retaliate or threaten to retaliate against, interfere with, restrain, or coerce any student in the exercise of his/her rights under the student grievance procedure or his/her participation in any grievance proceedings.

COLLATERAL RIGHTS OF PERSON GRIEVED BY STUDENT

If the recommendations made at any level of the grievance procedure result in sanctions against a college employee, the sanctions shall be regarded as administrative actions subject to all conditions of applicable collective bargaining agreements and college or Board of Higher Education personnel policies.

ALTERNATIVE FORUMS

Filing a grievance in accordance with the student grievance procedure in no way abrogates a student’s right to file a complaint with an appropriate state or federal agency or in another forum.

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