Student Rights and Responsibilities

Student Code of Conduct Overview

Examples of behavioral expectations that are included in the Standards of Conduct, Formal Conduct Hearing Procedures, definitions, and other applicable Student Code of Conduct procedures can be found in the comprehensive SCC Student Code of Conduct located with the campus Dean of Students and Vice President for Student Affairs or online at www.southeast.edu/philosophyofstudentconduct/.

SCC Philosophy of Student Conduct

The mission of Student Affairs and SCC Student Code of Conduct is to provide students with detailed expectations of conduct; consistent processes when expectations are not met; and interventions and programming that promotes the development of moral and social growth as well as ethical decision-making skills.

A community exists based on shared values and principles. At SCC, we expect all students to conduct themselves as respectable citizens of an educational community. We expect students to obey the laws of the local and state jurisdiction and the college rules and regulations. We embody these standards within a set of core values that include demonstrating accountability, integrity and respect for others; pursuing excellence in fulfilling responsibilities; being honest, kind and compassionate; and adhering to the principles of diversity.

Students of SCC are diligent and consistently adhere to a high level of conduct, and each member of the SCC community bears responsibility for their conduct, and to assume reasonable responsibility for the behavior of others. There are times when violations occur and in these situations, students responsible for the violation will receive instruction that is fair and consistent. Due process allows all students the right to be heard and for appeal.

The student conduct process at SCC, is not intended to punish students; but rather to protect the interests of the community and to challenge those whose behavior is not in accordance with our policies. Sanctions are intended to challenge students’ moral and ethical decision-making and to help them bring their behavior into accord with our community expectations. When a student is unable to conform their behavior to community expectations, the student conduct process may determine that the student should no longer share in the privilege of participating in this community.

The student conduct process is quite different from criminal and civil court proceedings. Student conduct procedures are conducted with fairness to all, but do not include the same protections of due process afforded by the courts. No student will be found in violation of College policy without indication that it is more likely than not that a policy violation occurred and any response or sanctions will be proportionate to the severity of the violation and to the cumulative conduct history of the student.

Jurisdiction

The Student Code of Conduct and the student conduct process applies to the conduct of individual students at all college-owned or controlled property and all College-affiliated student organizations, events and activities on or off campus. The SCC Student Code of Conduct applies to any individual enrolled in any credit or non-credit course and thereafter as long as the student has a continuing educational interest in the College.

Standards of Conduct

Honesty and Integrity

Students should act in a manner that demonstrates honesty and integrity.

Accountability and Respect for Others

Students should act in a manner that demonstrates accountability and respect for others.

Kindness and Compassion

Students should act in a manner that demonstrates kindness and compassion.

Adherence to Principles of Diversity

Southeast Community College is committed to maintaining learning and working environments that are free from all forms of illegal harassment and discrimination. The College will not tolerate harassment or retaliation in the workplace or educational environment whether committed by faculty, staff, or students, or by visitors to the College while they are on College-owned or controlled property or at events conducted, sponsored or sanctioned by the College. Each member of the College community is responsible for fostering civility, for being familiar with this policy, and for refraining from conduct that violates this policy.

Conduct Demonstrating Lack of Fulfillment to Personal and Academic Responsibilities

Students should act in a manner that fulfills their personal and academic responsibilities.

Overview of the Conduct Review Process

This overview gives a general idea of how SCC conduct proceedings work, but it should be noted, that not all situations are of the same severity or complexity. Thus, these procedures are flexible, and are not exactly the same in every situation, though consistency in similar situations is a priority. The Student Code of Conduct process and all applicable timelines commence with notice to an administrator of a potential violation of College conduct expectations.

NOTICE. Once notice is received from any source (victim, Resident Assistant, 3rd party, Responsible Authority, online, etc.), SCC will proceed with a preliminary inquiry and/or may schedule an initial educational conference with the responding student(s) to explain the conduct process and gather information.

Preliminary Inquiry and/or Educational Conference

SCC conducts a preliminary inquiry into the nature of the incident, complaint or notice, the evidence available, and the parties involved.

The preliminary inquiry may lead to:

1. A determination that there is insufficient evidence to pursue the investigation, because the behavior alleged, even if proven, would not violate the Student Code of Conduct, (e.g.: for reasons such as mistaken identity or allegations of behavior that falls outside the code);
2. A more comprehensive investigation, when it is clear more information must be gathered; or
3. An educational conference facilitated by the Dean of Students or designee with the responding student.

When an initial educational conference is held, the possible outcomes include:

1. A decision not to pursue the allegation based on a lack of or insufficient evidence. The matter should be closed and records should so indicate;
2. An administrative resolution to an uncontested allegation (see immediately below);
3. A decision to proceed with additional investigation and/or referral for a formal Conduct Committee Hearing for resolution.

If a decision on the allegation is made, and the finding is that the responding student is not responsible for violating the Code, the process will end. The party bringing the complaint may request that the Dean of Student Affairs and/or, if allegation involves a Title IX violation, the Title IX Coordinator reopen the investigation and/or grant a Conduct Committee Hearing. This decision shall be at the discretion of the Dean of Students or designee and/or the Title IX Coordinator, if applicable, in consultation with each other, and will only be granted for extraordinary cause.

Finding Accepted; Sanction Accepted

If the College’s finding is that the responding student is in violation, and the responding student accepts this finding within five (5) days; the administrator conducting the initial educational conference will then determine the sanction(s) for the misconduct, which the responding student may accept or reject. If accepted, the process ends.

Finding Accepted; Sanction Rejected

If student accepts the findings, but rejects the sanction, SCC will conduct a sanction-only Conduct Committee Hearing to recommend a sanction to the Dean of Student Affairs and campus-specific Dean of Students or designee. The sanction is then reviewed and finalized by the campus-specific Dean of Students and Dean of Student Affairs and is subject to appeal by any party to the misconduct.

Finding Rejected

If the administrator conducting the educational conference determines that it is more likely than not that the responding student is in violation, and the responding student rejects that finding in whole or in part, the process moves to a formal hearing.

Formal Hearing

If the responding student contests the findings determined during the preliminary inquiry, additional investigation may then be commenced, and/or a hearing may be held, when there is reasonable cause to believe that one or more Student Codes of Conduct have been violated. A formal notice of the complaint will be issued, and a hearing will be held before a Conduct Committee. A finding will be determined and is final, except in cases that involve Title IX or other discrimination allegations. In those cases, the hearing results serve as a recommendation to the Dean of Students or designee and, where appropriate, the Title IX Coordinator, who review and finalize the finding. If the finding is that the responding student is not responsible, the process ends.

Review and Finalize Sanction(s).

If the student is found in violation(s), sanctions will be recommended by the Conduct Committee to the campus-specific Dean of Students and Dean of Student Affairs or designee and Title IX Coordinator when applicable, who will review and finalize the sanctions.

Special Hearing Provisions for Sexual Misconduct, Discrimination and Other Complaints of a Sensitive Nature

All hearings under this sub-section will be conducted only by committee members trained on Title IX regulations, policies and protocol. For sexual misconduct, discrimination and other complaints of a sensitive nature, whether the alleged victim is serving as the party bringing the complaint or as a witness; alternative testimony options may be provided, such as placing a privacy screen in the hearing room or allowing the alleged victim to testify from another room via audio or audio/video technology. While these options are intended to help make the alleged victim more comfortable, they are not intended to work to the disadvantage of the responding student.

The past sexual history or sexual character of a party will not be admissible by the other parties in hearings unless such information is determined to be highly relevant by the Committee Hearing Chair. All such information sought to be admitted by a party or the College, will be presumed irrelevant until a showing of relevance is made, in advance of the hearing, to the Chair. Demonstration of pattern, repeated, and/or predatory behavior by the responding student, in the form of previous findings in any legal or campus proceeding, or in the form of previous good faith allegations, will always be relevant to the finding, not just the sanction. The parties will be notified in advance if any such information is deemed relevant and will be introduced in the hearing.

The party bringing any complaint alleging sexual misconduct, other behavior falling with the coverage of Title IX and/or a crime of violence will be notified in writing of the outcome of a hearing, any sanctions assigned and the rationale for the decision.

Conduct Sanctions

One or more of the following sanctions may be imposed upon any student for any single violation of the SCC Student Code of Conduct:

• Verbal Warning
• Written Disciplinary Warning
• Disciplinary Probation
• Disciplinary Suspension
• Disciplinary Expulsion
• Restitution
• Fines
• College Service or Behavioral Requirements
• Loss of Privileges
• Confiscation of Prohibited Property
• Educational Program
• Housing Probation
• College Housing Reassignment
• College Housing Suspension
• College Housing Expulsion
• Eligibility Restriction

Other Sanctions: Additional or alternate sanctions may be created and designed as deemed appropriate to the offense with the approval of the Dean of Student Affairs or designee.

Appeal Procedures

When a party wishes to present for consideration new evidence or challenged the sanction, an appeal request of the decision of the Conduct Committee Hearing or the Educational Conference may be filed in writing to the Dean of Students or designee within three (3) business days of the notice of the outcome to the hearing, barring urgent circumstances.

All parties should be informed in a timely manner of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision when appropriate by procedure or law.

The Dean of Student Affairs or designee will refer the request(s) to the Vice President for Student Affairs who will conduct an initial review to determine if the appeal request meets the limited grounds and is timely.

• If the appeal is not timely or substantively eligible, the original finding and sanction will stand and the decision is final.
• If the appeal has standing, the Vice President for Student Affairs remands the appeal to the original decision-maker(s), typically within 3-5 business days. Where the original decision-maker may be unduly biased by a procedural or substantive error, a new Conduct Committee will be constituted to reconsider the matter. The Vice President for Student Affairs will have final authority to approve all those serving on the panel.

Full rehearing by the Conduct Committee Hearing are not permitted.

In review, the original finding and sanction are presumed to have been decided reasonably and appropriately, thus the burden is on the appealing party(ies) to show clear error. The original decision-maker or new Conduct Committee will limit its review to the new evidence or sanction challenges presented.

All decisions of the original decision-maker or new Conduct Committee are to be made within five (5) days of submission to the Panel and are final, as are any decisions made by the original hearing body, Dean of Student Affairs or Title IX Coordinator as the result of reconsideration consistent with instructions from the Vice President for Student Affairs.

The presumptive stance of SCC is that all decisions made and sanctions imposed by the original decision-maker are to be implemented during the appellate process. At the discretion of the Dean of Student Affairs, and in consultation with the Title IX Coordinator when necessary, implementation of sanctions may be stayed pending review only in extremely urgent circumstances.

Grounds for Appeal Requests

Appeals requests are limited to the following grounds:

1. A procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.).
2. New evidence, unavailable during the original hearing or investigation that could substantially impact the original finding or sanction needs to be considered. A summary of this new evidence and its potential impact must be included;
   1. Failure to provide information during or participate in an investigation or a hearing, even resulting from concern over pending criminal or civil proceedings, does not make evidence “unavailable” at the time of the hearing.
   2. The Dean of Students or designee is expected to consult with the chair of the original panel to inquire as to whether the new evidence would, in the opinion of the Chair, have substantially impacted the original finding or sanction.
3. The sanctions imposed are substantially outside the parameters or guidelines set by the College for this type of offense or the cumulative conduct record of the responding student.

For appeals involving grades  or financial aid , refer to the appropriate sections.

Americans with Disabilities Act (ADA) and Section 504 Appeals/Grievances

These procedures shall also apply to appeals/grievances arising from objection to, or dissatisfaction with, actions taken by Southeast Community College with regards to requests for reasonable accommodation.

An ADA/504 Appeal/Grievance is defined as an allegation by a student that at least one of the following has occurred. The student has:

• Experienced disparate or unequal treatment;
• Been discriminated against because of a disability; or
• Has not been provided a requested accommodation.

Note: Remedies under this Appeals/Grievance Procedure are corrective steps, measures to provide a reasonable accommodation or to reverse the effects of any discrimination and to ensure proper ongoing treatment.

Academic and Non-Academic Grievance

Southeast Community College is dedicated to a policy that all grievances relating to students at the college will be handled fairly and equally without regard to race, color, sex, age, religion, disability, national origin, marital status, veteran status, political affiliation, sexual orientation or other non-merit factors.

The Student Grievance Process is a way for a student to remedy the rare situation where a student feels they have been treated in ways that are unfair; arbitrary or adversely affect their status, rights and privileges; and have not be able to obtain justice in a less formal manner.

The purpose of a Student Grievance procedure is to secure, at the lowest level possible, equitable and timely solutions to problems that may arise. Grievances may be addressed through an informal or formal procedure and apply to academic and non-academic student grievances, including student complaints. All students have the right of due process and fairness in filing and resolving grievances concerning restriction of rights or misapplication of College policy, including, but not limited to:

• The enrollment or orientation process
• The quality of education provided
• The handling of personal information and access to personal records
• Academic issues related to student progress, assessment and curriculum
• Individual treatment by a College employee

Actions that are not grievable under this procedure include:

• Grade appeals/disputes (these are addressed through the SCC Grade Appeal procedure)
• Financial aid (these are addressed through the SCC Financial Aid Appeal procedure)
• Americans with Disabilities Act (ADA) Reasonable Accommodations (these are addressed through the ADA and Section 504 Appeals/Grievance procedure)
• Code of conduct sanctions/disciplinary action (these are addressed through the SCC Student Code of Conduct Formal Hearing and Appeal procedure)
• Actions or practices which are the result of SCC system-wide requirements, i.e. student fees.
• Debt to the college
• Academic dishonesty allegations (these are addressed through the SCC Student Code of Conduct Formal Hearing and Appeal procedure)
• Academic probation

A grievance may be withdrawn by the student at any time during the Grievance Process.

Informal Grievance

An attempt should be made by both parties to resolve the grievance in a timely fashion and at the lowest possible level of involvement. Students are encouraged to seek resolution of the grievance through the informal process.

The individual with the grievance must communicate with the involved participants, including, but not limited to, instructor, the Program Director, the Division Dean, or the involved staff as a first attempt to resolve the grievance informally.

If the grievance is not resolved at this level, the Formal Grievance Procedure may be initiated.

Formal Grievance

The Formal Grievance Procedure is available to all currently enrolled students of the College in an attempt to provide equitable solutions to concerns and problems that may arise and is initiated if the Informal Grievance Process has not resulted in a satisfactory/acceptable resolution.

For additional information regarding the informal and formal grievance procedures, refer to the SCC Student Code of Conduct Web pages at www.southeast.edu/philosophyofstudentconduct/.