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Student Discipline C. Notice to Appear a. A student may be ordered to appear before the Vice President of Student & Academic Services in connection with an alleged violation by a notice from the Vice President of Student & Academic Services personally served upon the student; provided, that nothing herein shall prevent the Vice President of Student & Academic Services and student from agreeing informally to meet to discuss the alleged violation. b. The notice shall direct the student to appear at a specified time and place not less than three class days after the date of service. The notice shall briefly describe the alleged violation and shall state whether the Vice President of Student & Academic Services intends to handle the allegation as a minor or major violation. c. The Vice President of Student & Academic Services may place on disciplinary probation a student who fails without good cause to comply with a notice ordering appearance, or the Vice President of Student & Academic Services may submit the matter to the Student Conduct Committee. D. Disposition a. When the student appears before the Vice President of Student & Academic Services, whether informally or pursuant to notice, the Vice President of Student & Academic Services shall advise the student of his/her rights as set forth in this code. b. A student may refuse administrative disposition of the alleged violation, and upon refusal is entitled to a hearing before the Student Conduct Committee. The student must serve the Vice President of Student & Academic Services with a written request for a hearing on or before the third day following the refusal to accept administrative disposition. The Vice President of Student & Academic Services shall then inform the President that a request for hearing has been made. A student’s failure to timely make a written request for hearing shall constitute an acceptance of administrative disposition. c. If a student accepts administrative disposition, then the student shall sign an acknowledgement which states that the student understands the following: 1. The nature of the violation 2. That the student has the right of a hearing at which the allegations must be proved by clear and convincing evidence. 3. The penalty that may be or which will be imposed and its implications. 4. That the student waives his/her right to appeal. d. The Vice President of Student & Academic Services shall prepare an accurate, written summary of each administrative disposition and shall deliver a copy to the student, and, if the student is a minor, shall mail a copy to the parent or guardian of the student and copy shall be transmitted to the President. E. Student Conduct Committee (SCC) a. Composition and Organization 1. The SCC shall be composed of one administrative officer of the College other than an officer under the supervision of the Vice President of Student & Academic Services; the Academic Dean from the applicable area; one faculty member at the College and two students as selected by the Student Government Association. The members of the committee shall be appointed by the President except the student members who shall be appointed by the Student Government Association. 2. The Vice President of College Operations and Finance shall serve as Chairperson of the committee. The chairperson shall conduct the hearing and shall rule on the admissibility of evidence, motions, and objections; the Chairperson’s decision may be overridden on a vote of the committee. Each member of the committee, including the Chairperson, is eligible to vote at the hearing. 3. Chairperson: the Chairperson shall set the date, time and place for the hearing and shall issue subpoenas and subpoenas duces tecum upon the request of the Vice President of Student & Academic Services or the student. 4. The Vice President of Student & Academic Services shall represent the College before the SCC and shall present evidence to support an allegation of a violation. The Vice President of Student & Academic Services and/or the student may be assisted by legal counsel. b. Notice 1. The SCC Chairperson shall have written notice served upon the student and the Vice President of Student & Academic Services which notice shall set the date, time and place for the hearing, as well as the nature of the alleged violation. The hearing date shall be not less than five (5) nor more than ten (10) class days after service of the notice. If the student is under 18 years of age, a copy of the notice shall be sent by certified, return receipt request, U.S. mail to the parents or guardian of the student. 2. The Chairperson may for good cause postpone the hearing. 3. The SCC may hold a hearing at any time if the student has actual notice of the date, time, and place of the hearing, and the student makes written acknowledgement of said actual notice and written consent of the conduction of a hearing. 4. The notice shall direct the student to appear before the SCC on the date and at the time specified, and shall advise the student that he/she has a right to each of the following: a. To a private hearing; b. To the presence and assistance of legal counsel; c. To the presence of his/her parents and/or legal guardian; d. To have the witness(es) against him/her appear at the hearing and to confront and cross-examine each of them; e. To cause the Committee to order witnesses to appear on his/her behalf and to require the production of documentary and other evidence possessed by the College, and to offer evidence and argue in his/her own behalf; 36Northwest Iowa Community College Catalog 2016–2017


NCC_Catalog
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