Page 35

NCC_Catalog

H. Possession or consumption of an alcoholic beverage on College property or while representing the College as a part of an off campus function in violation of College rules; I. Illegal possession, sale or use of a controlled substance, as defined in Chapter 124, Code of Iowa, or of a prescription drug upon College property; J. Illegal possession or use of any firearms, explosive, dangerous chemical or other weapon; K. Disorderly conduct, including: 1. Engaging in fighting or violent behavior in the College or at College functions. 2. Willfully making loud and raucous noise in the vicinity of the College or at College functions which disrupts College activities and events. 3. Directs abusive epithets or makes any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another. 4. By words or actions, initiates or circulates a report or warning of fire, epidemic, or other catastrophe, knowing such report to be false or such warning to be baseless. L. Trespass: Violating a College no-trespass directive, or committing any act of trespass prohibited by law. M. Laws: Other acts in violation of any federal, state, or local law. N. Policies: Other acts in violation of College policies, rules, or procedures published in hard copy or available electronically on the College website. O. Sexual Misconduct, as defined under the College’s Sexual Misconduct Policy. P. Discrimination and Discriminatory Harassment, as defined under the College’s Discriminatory Harassment Policy. VI. Disciplinary Proceedings A. Complaints, Investigations, and Hearings 1. Any member of the College community may file a complaint against a student for violations of the Student Conduct Code. A complaint should be prepared in writing and directed to the Vice President. A complaint that is not in writing may still be investigated in the discretion of the Vice President. 2. The Vice President will conduct a preliminary investigation into the complaint to determine if the charges have merit and/or whether the alleged violation constitutes a Minor or Major Violation. 3. Informal Resolution/Resolution by Mutual Consent a. The Vice President may determine the matter can be disposed of informally/administratively by mutual consent of the parties involved on a basis acceptable to the Vice President. If charges are not admitted and/or cannot be disposed of, the case will proceed to the formal procedures as set forth below for Minor or Major Violations. If the respondent admits violating institutional rules, but sanctions are not agreed to, the case will proceed to the formal procedures as set forth below for Minor or Major Violations, which shall be limited to determining the appropriate sanction(s). b. For cases of Sexual Misconduct, informal resolution/resolution by mutual consent will only be pursued when both parties voluntarily agree, and the parties are informed in writing of their right to request the complaint be handled under formal procedures at any time. During the process, the parties will be given the same opportunities to have others present for interviews or meetings, which includes the opportunity to be accompanied to interviews by a silent representative/advisor of their choice. In no event will informal resolution/ resolution by mutual consent be used in cases of Sexual Assault/Abuse, or where there is a power differential between the parties (e.g., if the complainant is a student and the accused is an employee with authority over the student). At no time will the complainant be required to resolve the issue directly with the respondent. c. Any case disposed of by informal resolution/ resolution by mutual consent shall be final and there shall be no subsequent proceedings. 4. Procedures for Minor Violations a. For Minor Violations, the Vice President will conduct an administrative hearing as follows: i. The respondent shall be provided with written notice of the alleged misconduct, and the date, time, and place of the hearing. The respondent shall also be given the opportunity to review any documents the Vice President has in their possession pertaining to the charges (except students shall not have the right to review any document prohibited from disclosure or production by law, any document constituting work product or any attorney-client communication). ii. The administrative hearing will be scheduled no less than five (5) nor more than thirty (30) business days after the respondent has been notified. Maximum time limits for scheduling of an administrative hearing may be extended at the discretion of the Vice President. iii. During the administrative hearing, the respondent will have an opportunity to respond to the charges and to present evidence or witnesses contesting the charges. The Vice President will determine if a violation occurred based on a preponderance of the evidence and will issue appropriate sanctions. If a respondent, after receiving notice, does not appear for the hearing, the information in support of the charges will be considered even if the respondent is not present. The Vice President will notify the respondent of the outcome of the hearing in writing within ten (10) business days of completion of the hearing, or longer for good cause. 33 College Information


NCC_Catalog
To see the actual publication please follow the link above