Student Handbook: Disciplinary Structure
II. Disciplinary Structure
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 them. The State Board of
Education possesses all the power necessary or convenient to accomplish
the objectives and perform the duties prescripted by law.
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
Vice President for Student Affairs
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 Student Judicial Officer of the
College. The Vice President for Student Affairs has the
responsibility to investigate alleged violations, prefer charges,
recommend sanctions and educational remedies, represent the College in
hearing and appeals under this Student Code of Conduct and enforce
sanctions and educational remedies. These functions may be
performed by the Vice President or by another person designated by
Student Hearing Board
Function and Jurisdiction: The Student 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 ill 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. 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 reappointed 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, the Hearing Officer may participate in its deliberations and act as its legal advisor but shall not be entitled to vote.
Investigation of Violation and Recommendation by Vice President for Student Affairs
The Vice President for Student Affairs or his/her designee shall receive all student judicial complaints and, shall investigate all complaints against students alleging violations of the Student Code of Conduct. After conducting such investigation as he or she deems necessary to determine the facts of the matter (which investigation should include, if possible, an interview with the student in which the student is told of the alleged violation and given an opportunity to deny or explain it), the Vice President shall make an initial determination of whether the violation occurred and, if so, his/her recommendation of the sanction or educational remedy to be imposed. If the Vice President determines that a violation of the Student Code of Conduct has occurred, he/she shall make a written report which shall identify the alleged violation, set forth his/her determination and recommendation of the sanction to be imposed. If the report of the Vice President is adverse to the student (the report finds that the student was guilty of a violation and recommends any sanction), that 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 within seven (7) calendar days after the date on which he or she is served with a copy of the Vice President's report. The report shall also advise the student that the report and the recommended sanction of the Vice President shall become final if a timely request for a hearing is not made.
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 Vice President for Student Affairs with seven (7) days after he/she is served with a copy of the Vice president'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 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 the Student code of Conduct. The following provisions shall be applicable to hearings before the Hearing Board:
1. The student charged with the violation: (a) shall be entitled to a prompt hearing, (b) shall be informed in writing of the specific charges and the proposed judicial action, (c) shall be given sufficient time to prepare for the hearing.
2. During the judicial hearing, the student charged with the violation: (a) shall be given the opportunity to testify and present evidence and witnesses on his or her behalf, (b) shall have the opportunity to hear and question adverse witnesses, (c) 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 (d) shall not be forced to testify against himself or herself and his or her refusal to testify shall not be considered as evidence against him or her.
3. The Hearing Board: (a) shall place the burden upon the party seeking judicial action to prove that the charges against the student are more probably true than not true and that the recommended sanction is reasonable, (b) 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 unlighted area at midnight), but the Hearing Board shall not be bound by the strict rules of evidence followed in courts of law, and (c) 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: (a) that 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 (b) 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 nonlawyer advisor of his or 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 tape recorder 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 upon the student and the Vice President for Student Affairs. The Hearing Board may affirm, reverse or modify the decision of the 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'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 review, the party seeking review shall 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. The decision shall be accompanied by a notice stating that, if any party is dissatisfied with the President's decision and wishes to appeal it to the State Board of Education, a notice of intent to appeal must be delivered to the office of the President within seven (7) days of service of the decision and notice. The failure of a party to give timely notice of the intent to appeal to the State Board of Education shall be a waiver of that right and the decision of the President shall become final.
Appeal to State Board of Education
A party's final right to appeal is to the State Board of Education, provided that the State Board of Education shall determine when, whether, and in what manner it will hear such appeal.
Any notice, report, decision or request which is to be given or served under this 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.
The Vice President for Student Affairs, with the concurrence of the President, shall have the right to summarily suspend a student who he or 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 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.
Nothing in this Code shall be in derogation of the power of the President of Lewis-Clark State College 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 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.
State College, 500 8th Avenue, Lewiston, ID 83501 (208) 792-5272