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G. The Vice President and the parties may arrange for witnesses to present pertinent information to the SCC. The College will try to arrange the attendance of possible witnesses who are members of the College community, if reasonably possible, and who are identified by the parties at least two (2) class days prior to the SCC hearing. H. The Vice President and the parties may call witnesses, conduct crossexamination, and may answer any evidence presented by others through rebuttal. In appropriate cases (such as Sexual Misconduct cases) the Chairperson may make special arrangements to protect the complainant and the accused from direct confrontation. For example, Skype or other video conferencing may be considered. Furthermore, the parties may be asked to provide their questions for cross-examination of the adverse party to the Chairperson who will then pose those questions to that adverse party. I. The Chairperson may ask questions, at any time, of the parties and of the witnesses. The SCC members may also ask questions of the witnesses by providing those questions in writing to the Chairperson, who shall then ask the party or witness the question. J. The Vice President and the parties may present pertinent records, exhibits, and written statements (including student impact statements) as evidence for consideration by the SCC at the discretion of the Chairperson. Parties shall be given the opportunity to comment on or provide rebuttal evidence to that provided by an adverse party. K. There shall be a single verbatim record, such as a tape recording, of all SCC hearings (not including deliberations). Deliberations shall not be recorded. The record will be the property of the College. v. SCC Decision. After the hearing, the SCC shall privately deliberate and determine (by majority vote) whether the respondent has violated each section of the Student Code which the respondent is charged with violating. The SCC’s determination will be made on a preponderance of the evidence standard. In each case in which a SCC determines a respondent has violated the Student Conduct Code, they will also determine sanction(s). vi. Notice of Decision Within ten (10) business days of completion of the hearing, or longer for good cause, the SCC shall provide their determination to the Vice President and the parties simultaneously in writing. The determination shall include (i) whether a preponderance of the evidence supports a finding that the Student Conduct Code was violated with respect to each allegation in the complaint, including essential findings; (ii) individual remedies for the complainant; (iii) campus-wide remedies; and (iv) sanctions imposed. In the event the alleged misconduct cannot be characterized as a crime of violence or non-forcible sexual offense, the complainant may only be informed of sanctions imposed on the respondent that directly relate to the complainant (such as requiring that the respondent stay away from the complainant for some period, prohibiting the respondent from attending school or working at the school for some period; or transferring the respondent to another residence hall, classes, school, or job). vii. Appeal to President A. The SCC’s hearing decision may be appealed, by any party, to the President of the College within five (5) business days of the decision. Such appeals will be in writing and will be delivered to the President’s office. B. If an appeal is filed, the parties will receive written notification stating: (i) the appeal has been received; and (ii) they have the opportunity to submit additional relevant information and/or statements for review by the President within five (5) business days. C. An appeal will be limited to a review of the verbatim record of the hearing, documents submitted during the hearing, and additional relevant documents/ statements submitted by the parties during the appeal for one or more of the following purposes: a. To determine whether the hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results. b. To determine whether the decision was supported by substantial evidence. 35 College Information


NCC_Catalog
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