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

The Hearing Board contains the same faculty appointees as the Faculty Hearing Board. The 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 Hearing Board. In cases involving students, four (4) students shall be included, with voice and vote, in the 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 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 Hearing Board may determine to appoint a Hearing Officer to preside at any hearing held by the 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. If requested by the Hearing Board, 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 Hearing Board. The President has the authority to uphold, modify or overrule those decisions, or to return the matter to the 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.

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

The Vice President for Student Affairs or a designee approved by the Vice President shall receive all student judicial complaints and shall investigate all complaints against students alleged to have violated the Student Code of Conduct. The investigation should include, if possible, an interview with the student where the student is told of the alleged violation and given an opportunity to deny or explain it. The investigator shall make an initial determination of whether the violation occurred, shall place the burden upon the party seeking judicial action to prove that the charges against the student are more likely to be true than not true, and, if so, shall make his/her recommendation of the sanction or educational remedy to be imposed. If the investigator determines that a violation of the Student Code of Conduct has occurred, he/she shall write a report identifying the alleged violation, set forth their determination and recommendation of the sanction to be imposed. If the report of the investigator is adverse to the student (the report finds that the student committed a violation and recommends any sanction) for one of the following reasons:  (1) a material error in procedure, (2) new evidence relevant to the student’s case surfaced, or (3) the student believes the sanction was disproportionate to the violation, the affected 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 investigator’s report. The report shall also advise the student that the report and the recommended sanction of the investigator shall become final if a timely request for a hearing is not made. Victims in cases of sexual misconduct may also request an appeal under same circumstances and conditions.

Hearing Before Student Hearing Board

If the student makes a written request for a hearing before the Student Hearing Board upon the report of the investigator for Student Affairs within seven (7) days after he/she is served with a copy of the investigator’s report, the student shall be entitled to a hearing before the Student Hearing Board. If the student fails to make a timely written request for a hearing, the report and recommendation for sanctions made by the Vice President shall become a final decision and the student shall have no further rights of hearing or appeal under this Student Code of Conduct.

The following provisions shall be applicable to hearings before the Hearing Board:

  1. The student charged with the violation:
    1. shall be entitled to a prompt hearing,
    2. shall be informed in writing of the specific charges and the proposed judicial action be given sufficient time to prepare for the hearing.
  2. During the judicial hearing, the student charged with the violation:
    1. shall be given the opportunity to testify and present evidence and witnesses on his or her behalf,
    2. shall have the opportunity to hear and question adverse witnesses,
    3. 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, and
    4. 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.
  3. The Hearing Board:
    1. shall place the burden upon the party seeking judicial action to prove that the charges against the student are more probable to be true than not true and that the recommended sanction is reasonable,
    2. shall base its findings and decisions exclusively upon proper evidence and testimony presented at the hearing and upon facts that are universally regarded as true (the Hearing Board should hear evidence of any disputed points - however, the Board may itself take notice of facts that everyone agrees are true - for example, evidence does not have to be introduced to show it was dark if the act in question is clearly shown to have occurred in an unlit area at midnight), but the Hearing Board shall not be bound by the strict rules of evidence followed in courts of law,
    3. must state its findings and its decision in writing.
  4. The student shall not have the right to be represented by an attorney before the Hearing Board except:
    1. when the party seeking the disciplinary action 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.
  5. In cases involving accusations of sexual assault, acquaintance rape, or rape, the rights of the alleged victim will be respected. The alleged victim may be accompanied to the hearing by an individual of his/her choosing. The alleged victim will have the right to restrict any discussion of his/her previous sexual history. The alleged victim will also have the right to make a victim impact statement to the Hearing Board concerning physical and/or mental and/or emotional effects caused by the alleged incident.
  6. 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.
  7. The hearing before the 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 event, the hearing will not be open to the public.
  8. A copy of the written decision of the Hearing Board shall be served to the student and the Vice President for Student Affairs. The Hearing Board may affirm, reverse or modify the decision of Vice President for Student Affairs or the sanction assessed but shall not increase the sanction imposed by the Vice President. 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. Review of the decision of the Hearing Board shall then be conducted in such manner as the President shall determine and may or may not include the right to present oral argument to the President. The President may 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 Vice President for Student Affairs will be upheld. Students should refer to Section III, Subsection P., Part 18 for guidelines on submitting an appeal to the State Board of Education (http://www.boardofed.idaho.gov/policies/documents/policies/iii/iiip_students_0610.pdf)

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)