The President of the College is responsible to the State Board of Education for the administration and enforcement of all regulations or policies adopted by the board. The State Board of Education possesses all the power necessary or convenient to accomplish the objectives and perform the duties prescribed by law. The Vice President for Student Affairs is responsible to the President of the College for enforcement of the Student Code of Conduct and has been designated as the Senior Student Judicial Officer of the College. Primary responsibility for investigating alleged violations, proffering charges, imposing sanctions and educational remedies, representing the College in hearings and appeals under this Student Code of Conduct and enforcing sanctions and educational remedies is assigned to the Vice President for Student Affairs , or his/her designee.
Individual faculty members or programs may impose their own policies regarding student classroom behavior and academic dishonesty. Such policies are to be readily available to students (e.g., course syllabus, program website or handbook).
Sanctions imposed by a faculty member are limited to grades on individual assignments, course grades, and/ or temporary dismissal from a class (depending on the nature of the infraction). Students accused of academic dishonesty or of another classroom infraction may also be referred by the faculty member to the Vice President for Student Affairs for official disciplinary action.
Faculty members do not have the authority to dismiss a student from a course indefinitely or to dis-enroll a student from a program or major/ minor. Should an incident rise to the level of potential course or program disenrollment, the Division Chair, instructional dean, and the Vice President for Student Affairs will make a final determination.
The Vice President for Student Affairs shall receive all student judicial complaints and shall investigate all complaints against students alleged to have violated the Student Code of Conduct or may delegate investigative and/or adjudicative responsibilities. The investigation should include, if possible, and interview with the student where the student is informed of the alleged violation and given an informal opportunity to deny or explain it. The Vice President for Student Affairs, after whatever investigation he/she deems necessary has been conducted, shall make a determination of whether, based on a preponderance of the evidence, i.e., more likely than not, the student violated the Student Code of Conduct. If the Vice President for Student Affairs determines that a student violated the Student Code of Conduct, he/she shall write a report identifying the alleged violation and set forth his/her determination of the sanction imposed. Respondents alleged to have committed a Title IX violation will be given up to three (3) calendar days' notice prior to the initial interview in the investgative process.
Any notice, report, decision or request which is to be given or served under these proceedings will be deemed given or served when either personally delivered to the person or office entitled to the notice or when deposited in the United States Mail, certified mail, postage prepaid, addressed to the person or office at that person’s last-known address as shown on the records of the College.
Written notification of the outcome of the results of student disciplinary proceedings will be issued to the accused student. Upon written request, the alleged victim or victims of a crime of violence, or a non-forcible sex offense will also be notified of the outcome of the student disciplinary proceedings. If the alleged victim is deceased as a result of such crime or offense, the next of kin of the victim will receive notification of the outcome.
In cases involving alleged sexual misconduct, the College’s Statement of the Rights of the Alleged Victim of an Assault and Statement of the Rights of a Student Accused of Committing Assault shall prevail over any conflicting provision in these disciplinary procedures.
The Vice President for Student Affairs, with the concurrence of the President, shall have the right to summarily suspend a student who he/she believes has committed a violation of the Student Code of Conduct when, based upon such investigation and informal hearing as is reasonable under the circumstances, the Vice President for Student Affairs determines that the student’s continued presence poses a continuing danger to persons or property, or an ongoing threat of disruption of the academic process or when the Vice President for
Student Affairs determines that compliance with Title IX or other Federal or State law requires that the student not be allowed on campus.
If the student disagrees with the Vice President for Student Affairs’ or designee’s conclusion that he/she violated the Student Code of Conduct or with the sanction imposed, the student may request a hearing before the Student Hearing Board by delivering a written request for a hearing to the Office of the Vice President for Student Affairs within seven (7) calendar days after the date on which he/she is served with a copy of the Vice President for Student Affairs report. Victims in cases of sexual misconduct may also request an appeal under the same circumstances and conditions. If the student does not deliver a timely written request for a hearing, the Vice President for Student Affairs’ determination and sanction shall become final and the student shall have no further right to an appeal or hearing.
Nothing in the Student Code of Conduct shall be in derogation of the power of the President of LCSC or his/her duly authorized subordinates to declare a state of emergency on College-owned or controlled property, and to suspend the procedural and substantive rights specified herein for the duration of the declared emergency. Any sanctions imposed on any student violating this Code or any emergency rules or the lawful order of any College official may be imposed by the President of the College or his/her duly authorized subordinates after such summary proceedings as are reasonable under the circumstances but such sanctions shall continue only for duration of the emergency. Any sanctions, other than those imposed for the duration of the emergency, must be brought under the Student Code of Conduct and, with respect to those proceedings, students are guaranteed all substantive and procedural rights specified herein.
The President shall review and determine appeals from the decisions of the Student Disciplinary Hearing Board. The President has the authority to uphold, modify or overrule those decisions, or to return the matter to the Student Disciplinary Hearing Board for further consideration. A party may appeal the President’s decision to the State Board of Education when, if and in such manner as the State Board of Education determines that such appeal shall be heard. See State Board of Education Policy at www.boardofed.idaho.gov/ section 18 Student Complaints/Grievances.
If the student submits a written request for an appeal or hearing within seven (7) business days of receiving the outcome of the investigation and proposed sanctions, to the Vice President for Student Affairs or the Student Disciplinary Hearing Board, the student shall be entitled to a hearing before the Student Disciplinary Hearing Board. The following provisions shall be applicable to hearings before the Student Disciplinary Hearing Board:
The party seeking review may submit to the President a written statement setting forth the reasons why that party believes the decision of the Student Disciplinary Hearing Board is incorrect within seven (7) business days of the receipt of the Student Disciplinary Hearing Board’s decision. The other party shall have seven (7) business days from the day of the President’s Office receives the requested review to respond in writing to that statement. The President shall then review those statements and the evidence presented to the Student Disciplinary Hearing Board. The President shall then affirm, reverse, or modify the decision of the Student Disciplinary Hearing Board or the sanction assessed, provided that the President shall not increase the sanctions beyond that which was recommended by the Vice President for Student Affairs in the first instance. The President may also remand the case to the Student Disciplinary Hearing Board for further hearing upon such issues as the President may designate. The President’s decision shall be provided in writing and shall be served to the interested parties within seven (7) business days of the receipt last party’s submission. If no written appeal is submitted within seven (7) business days to the President the case is considered closed, and the decision by the Student Disciplinary Hearing Board shall become final. Provided, however, that the President shall have the authority to modify any sanction imposed by the Hearing Board.
A party may appeal the President’s decision to the State Board of Education when, if and in such manner as the State Board of Education determines that such appeal shall be heard. See State Board of Education Policy III.P, Section 18(www.boardofed.idaho.gov).
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