Student Affairs

Reid Centennial Hall in Winter

Disciplinary Procedure

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.

Classroom Infractions

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.

Investigation and Determination by the Vice President for Student Affairs

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.

General

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. 

Summary Suspension

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.

Appeal

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.

Emergency Powers

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.

Student Disciplinary Hearing Board

  • Function and Jurisdiction. The Student Disciplinary Hearing Board shall provide the original formal hearing in student discipline matters in all cases when a student is dissatisfied with the disciplinary sanction recommended by of the Vice President for Student Affairs and requests a hearing.
  • Structure and Organization.  The Student Disciplinary Hearing Board contains the same faculty appointees as the Faculty Hearing Board. The Student Disciplinary Hearing Board shall be composed of seven (7) members (the majority of whom shall be tenured): three (3) members from the faculty elected by the Faculty Association; three (3) members from the faculty appointed by the President; and one (1) division chair appointed by the Faculty Senate. Three (3) alternate members will be designated: one (1) appointed by the President; and two (2) appointed by the Faculty Senate. The chair shall be elected each year from the members of the Student Disciplinary Hearing Board. In cases involving students, four (4) students shall be included, with voice and vote, in the Student Disciplinary Hearing Board membership except in cases of sexual misconduct. The students shall be appointed by the Student Body President. A quorum shall consist of a simple majority of the members of the Hearing Board so long as two (2) student members are present, except in sexual misconduct cases. The decision of the Student Disciplinary Hearing Board shall be made by a majority vote of the quorum who attended the hearing.
  • Term of Office. Faculty members are to serve for two (2) College years, one-half (1/2) of those members with as nearly as one-half (1/2) of the faculty members being selected each year. Student members shall serve for one (1) year, but may be re-appointed for a second year.
  • Hearing Officer.  Either the President or the Student Disciplinary Hearing Board may, but is not required to, appoint a Hearing Officer to preside at any hearing held by the Student Disciplinary Hearing Board. The Hearing Officer may or may not be an attorney at law but must be experienced in conducting hearings. He/she shall act in an impartial manner as the presiding officer at the Hearing. The Hearing Officer may participate in its deliberations and act as its legal advisor but shall not be entitled to vote.
  • The Adjudicating Officer will act as the representative for the sanctions proposed in accordance with the alleged violations of the Student Code of Conduct.  In cases involving a victim of a violation or crime, the victim is not the Adjudicating Officer, but may provide testimony or other information in support of the Adjudicating Officer’s case to the Hearing Board.

College President

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.

Hearing Before Student Disciplinary Hearing Board

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 hearing shall be held within thirty (30) calendar days of the receipt of the written request, unless the Student Disciplinary Hearing Board Chair finds that a reasonable extension of time is necessary and agreed upon by both parties.  
  • At the hearing, the Vice President for Student Affairs (Adjudicating Officer) shall present the basis upon which his/her decision was made along with any other evidence he/she deems necessary to support that decision.
  • The student charged with the violation:
    • shall be given the  opportunity to testify  and  present evidence and witnesses on his or her behalf;
    • shall have the opportunity to hear and question any adverse witnesses called by the Vice President for Student Affairs, except as otherwise provided in 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  have all testimony  or evidence  introduced in  his or her presence unless he or she refuses to appear or fails to appear after having received proper notice, or except as otherwise provided in 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 not be forced to testify against him/herself and his/her refusal to testify shall not be considered as evidence against him or her; and
    • shall not have the right to be represented by an attorney before the Hearing Board except:
      • when the Vice President for Student Affairs will be represented at the hearing by an attorney he/she shall give written notice to the student of such representation and the student shall then have the right to be represented by an attorney at his/her own expense; and
      • where the charges against the student are, or are likely to be, the subject of a separate criminal action against the student, the student may be accompanied to the hearing by an attorney and shall have the right to consult with the attorney throughout the hearing, but the attorney shall not be entitled to present evidence, question witnesses, make arguments or otherwise participate in the hearing. When not accompanied by or represented by an attorney, the student may be accompanied by a non-lawyer advisor of his/her choice.
  • The Student Disciplinary Hearing Board:
    • shall not be bound by the strict rules of evidence followed in courts of law;
    • shall review the documentary, oral and other evidence presented at the hearing and shall affirm the determination of the Vice President for Student Affairs if it finds that the Vice President's determination is supported by substantial and competent evidence, and shall reverse or modify the Vice President's determination if it finds that it is not supported by substantial and competent evidence.
    • shall state its reasons for its decision writing; and    
    • shall issue its written decision within seven (7) business days, but no longer than thirty (30) calendar days of the completion of the hearing.  If an extension is required for proper review of the materials presented during the hearing, written notifications of the extension will be provided to both parties.
    • A copy of the written outcome of the hearing will be included in the original respondent’s student file and will be review by the college president to ensure the decision complies with legal and regulatory requirements.
  • A record of testimony presented at the hearing will be made using a recording device or stenographic court reporter. A copy of that record shall be made available to the student upon payment of the reasonable cost of that copy.
  • The hearing before the Student Disciplinary Hearing Board shall be open to the public if both parties make a written request for an open hearing and deliver it to the Vice President for Student Affairs at least two (2) business days before the day of the hearing. If parties to the complaint do not agree on an open hearing or both prefer a closed hearing, the hearing will not be open to the public. If neither party requests an open hearing before the day of the hearing, the hearing will not be open to the public.
  • A copy of the written decision of the Hearing Board shall be served to the accused student and the Vice President for Student Affairs, and in sexual misconduct cases, to the alleged victim.  A notice accompanying the decision shall advise each party that if either party is dissatisfied with the decision of the Hearing Board, that party may request a review of that decision by the President by delivering a request for such a review to the office of the President within seven (7) business days after the date the party receives the Hearing Board’s decision and the notice. That notice shall advise each party that the decision of the Hearing Board shall become final unless a timely written request for review is made by either party. The failure of a party to make a timely written request for review shall constitute a waiver of that party’s right to any further review of the decision of the Hearing Board and that decision shall become final.  See the Student Disciplinary Hearing Board policy at http://www.lcsc.edu/policies/policies/ policy 5.316 for detailed procedures.

Review by College President

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.

State Board of Education

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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STUDENT CODE OF CONDUCT POLICY

TITLE IX

STUDENT COUNSELING

NONDISCRIMINATION POLICY

DISCRIMINATION COMPLAINT PROCEDURES

SEXUAL MISCONDUCT - TITLE IX POLICY

Student Affairs
Reid Hall, Rm 112 500 8th Avenue Lewiston, Idaho 83501 Contact studentaffairs@lcsc.edu (208) 792-2218(800) 933-5272 ext 2218 (toll free)(208) 792-2314 (fax)