Student Affairs

Gavel

Student Hearing Board

Function and Jurisdiction: The Student Hearing Board (hereinafter “Hearing Board”) shall provide the original formal hearing in student discipline matters in all cases when a student is dissatisfied with the report and recommendation of the Vice President for Student Affairs and requests a hearing.

Structure and Organization

Structure and Organization.  The Student Hearing Board contains the same faculty appointees as the Faculty Hearing Board. The Student 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 Hearing Board. In cases involving students, four (4) students shall be included, with voice and vote, in the Student 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. The decision of the Student Hearing Board shall be made by a majority of those members who have 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 Hearing Board may, but is not required to, appoint a Hearing Officer to preside at any hearing held by the Student 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.

College President

The President shall review and determine appeals from the decisions of the Student Hearing Board. The President has the authority to uphold, modify or overrule those decisions, or to return the matter to the Student 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.

 

 

Investigation of Violation, Recommendation by the Vice President for Student Affairs, and Appeal Process

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 shall delegate these responsibilities. The investigation should include, if possible, an 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 to be imposed. 

Appeal

If the student disagrees with the Vice President’s for Student Affairs 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 or she is served with a copy of the Vice President’s 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’s for Student Affairs determination and sanction shall become final and the student shall have no further right to an appeal or hearing.

Hearing Before Student Hearing Board

If the student makes a timely written request for a hearing before the Student Hearing Board,   the student shall be entitled to a hearing before the Student Hearing Board. The following provisions shall be applicable to hearings before the Student Hearing Board:

A.  The hearing shall be held within thirty (30) days, unless the Student Hearing Board Chair finds that a reasonable extension of time is necessary.   

B.  At the hearing, the Vice President for Student Affairs shall present the basis upon which his/her decision was made along with any other evidence he/she deems necessary to support that decision.

C.  The student charged with the violation:

(i) shall be given the  opportunity to testify  and  present evidence and witnesses on his or her behalf;

(ii) 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;  

(iii) 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;

(iv)  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

      (v)  shall not have the right to be represented by an     attorney before the Hearing Board except:

1)   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 

2)  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.

D.  The Student Hearing Board:

                  (i)   shall not be bound by the strict rules of evidence                   followed in courts of law;

(ii)  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.

      (iii)  shall state its reasons for its decision writing;           and                    

                        (iv)  shall issue its written decision within thirty (30)                          days.

E.   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.

F.  The hearing before the Student 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 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. 

G.   A copy of the written decision of the Hearing Board shall be served on the accused student and the Vice President for Student Affairs.  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) calendar 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.

Review by College President

Within seven (7) days after requesting a review, the party seeking review may submit to the President a written statement setting forth the reasons why that party believes the decision of the Hearing Board is incorrect. The other party shall have seven (7) days to respond in writing to that statement. The President shall then review those statements and the evidence presented to the Hearing Board.  The President shall then affirm, reverse, or modify the decision of the 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 Hearing Board for further hearing upon such issues as the President may designate. The President’s decision shall be in writing and shall be served on the interested parties.  If no written appeal is submitted within seven (7) days to the President the case is considered closed, and the decision by the Hearing Board shall become final.  

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)