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f. To have a privately paid stenographer present at the hearing and to record the hearing by electronic means; g. To appeal to the President; h. To remain silent during the hearing and not to have his/her silence used against him/her. 5. The SCC may suspend a student who fails without good cause to comply with notice sent under these provisions, or, at its discretion, the SCC may proceed with the hearing in the student’s absence. 6. The Vice President of Student & Academic Services shall have the right to have a stenographer present at the hearing and/or to record the hearing by electronic means. c. Preliminary Matters 1. Alleged violations arising out of the same transaction or occurrences, or out of the same series of transactions or occurrences, against more than one student may be heard together, or, either at the option of the Committee or upon request by one of the students or the Vice President of Student & Academic Services, a separate hearing shall be held. alleged violations by one student arising out of the same transaction or occurrence or out of the same series of transactions or occurrences shall be heard together. alleged violations by one student arising out of unrelated transactions or occurrences may be heard together with the written consent of the student. 2. At least three (3) class days before the hearing date, the student shall in writing furnish the SCC with: a. The name of each witness he/she wants ordered to appear and a description of all evidence possessed by the College which he/she wants produced; b. Any objection that, if sustained, would postpone the hearing; c. The name of legal counsel, if any, who is to appear with him/her; d. A request for a private or separate hearing and the grounds for such request; e. A request to exercise any of the student’s other rights stated in the notice. 3. When the hearing is held by consent of the student less than five (5) days after service of notice or for other good cause shown, the student may submit the information described in paragraph 2 immediately above at any time before the hearing terminates. 4. An objection which if sustained would require the dismissal of the complaint, may be submitted at any time prior to the termination of the hearing. d. Procedure 1. The hearing shall be informal and shall be open to the public unless otherwise requested by the student in accordance with the Iowa Open Meetings law. If the hearing is to be private, the members of the student’s immediate family and the student’s legal counsel, if requested by the student, may attend. 2. The Hearing Committee shall proceed generally as follows: a. The Chairperson of the SCC shall read the complaint; b. The Chairperson of the SCC shall inform the student of his/her rights, as stated in the notice of hearing; c. The Vice President of Student & Academic Services shall present evidence in support of the alleged violation; d. The student shall present his/her defense; e. The Vice President of Student & Academic Services and the student may present rebuttal evidence, and shall have the right to make argument. The Vice President of Student & Academic Services shall have the right of the opening and the closing argument. f. The Committee will vote the issue of whether there has been a violation and shall inform the student and the Vice President of Student & Academic Services of their finding. If the Committee finds a violation, the student and the Vice President of Student & Academic Services shall have the right to submit evidence and argument as to the proper penalty; g. The Committee shall then determine the penalty, if any; h. The committee shall state in writing each finding of a violation and the penalty determined. Each committee member concurring in the finding and penalty shall sign the statement. The Committee shall include in the statement its reasons for the finding and penalty. e. Evidence 1. Rules of evidence shall not apply to hearings before the SCC, and the SCC may admit and give effect to evidence that possesses probative value and is commonly accepted in the conduct of a reasonable person. The SCC shall not consider and may exclude irrelevant, immaterial, and unduly repetitious evidence. The SCC shall recognize as privileged communications between a student and member of the professional staff, Counseling Center, or the Office of the Vice President of Student & Academic Services where such communications were made in the course of performance of official duties and when the matters discussed were understood by the staff member and the student to be confidential, as well as those communications which are privileged by law. Committee members may freely question witnesses. 2. A student is presumed innocent until the Vice President of Student & Academic Services has proved a violation by clear and convincing evidence. 3. All evidence offered during the hearing shall be made a part of the hearing record. Documentary evidence may be included in the form of copies, extracts or abstracts, or by incorporation by reference. Real evidence may be photographed or described. 37 College Information


NCC_Catalog
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