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f. Record 1. The hearing record shall include the student’s written notice of appeal, the complaint, all tangible evidence admitted at the hearing, written motions, pleas, and any other materials considered by the Committee and the Committee’s written findings, decisions, and determinations, a transcript if prepared by a certified court reporter, and an electronic recording of the proceedings if the same is delivered to the Chairperson upon the termination of the hearing. 2. If notice of appeal is timely given as hereinafter provided, the Chairperson of the SCC shall deliver the record to the President, with a copy to the student and a copy to the Vice President of Student & Academic Services on or before the tenth class day after the notice of appeal is received. F. Appeal to President a. Right of Appeal 1. In those cases in which the disciplinary penalty imposed was as prescribed in IV, C through K, the student may appeal the decision of the Student Conduct Committee in an interim action to the President. Disciplinary actions taken under IV A and B cannot be appealed beyond the Student Conduct Committee. A student appeals by giving written notice to the Chairperson of the SCC on or before the third class day after the day the decision or action is announced. This notice shall contain the student’s name, the date of the decision or action, the name of his/her legal counsel, if any, and a simple request for appeal. 2. Notice of appeal timely given suspends the imposition of penalty until the appeal is finally decided. b. Consideration of Appeal 1. The President shall consider each appeal on the record of the hearing before the Student Conduct Committee. For good cause shown, the President may remand to the SCC to consider and hear newly discovered evidence. 2. The President shall give written notice to the student and the Vice President of Student & Academic Services of the time, date, and place of the hearing which shall be held not more than 10 days after receipt of the notice of appeal, unless for good cause shown another date sooner is selected. 3. The President may hear oral argument and will accept written briefs from the student and the Vice President of Student & Academic Services. 4. The President may modify or set aside the finding of violation, penalty, or both, if the substantive rights of the student were prejudiced because the SCC’s finding of facts, conclusions or decisions were: a. In violation of federal, state or local law, Board of College policy or regulation or this code. b. Clearly erroneous in view of the evidence contained in the record from the hearing before the SCC. 5. The President may not increase a penalty assessed by the SCC. IV. Penalties The Vice President of Student & Academic Services or the Student Conduct Committee, or the President may impose one or more of the following penalties for a violation: A. Warning A written reprimand to the student to whom it is addressed. B. Warning Probation A warning indicating that further violations may result in suspension. Warning probation may be imposed for any length of time up to one calendar year and the student shall be automatically removed from probation when the imposed period expires. C. Disciplinary Probation A warning indicating that further violations may result in suspension. Disciplinary probation may be imposed for any length of time up to one year and the student shall be automatically removed from probation when the imposed period expires. Students will be placed on disciplinary probation for engaging in activities such as but not limited to the following: being convicted of public intoxication or simulated intoxication, misuse of student identification (minor violation) card, creating a disturbance in or on campus facilities, and illegal gambling. D. Withholding of Transcript or Degree Imposed upon a student who fails to pay a debt owed the College or who has a disciplinary case pending final disposition. The penalty terminates on payments of the debt or final disposition of the case. E. Bar Against Readmission Imposed on a student who has left the College on enforced withdrawal or disciplinary reasons. F. Restitution Reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensation for damages. G. Suspension of Rights and Privileges An elastic penalty which may impose limitations or restrictions to fit the particular case. H. Suspension of Eligibility for Official Nonathletic Extracurricular Activities Prohibits, during the period of suspension, the student on whom it is imposed from joining a registered student organization; taking part in a registered student organization’s activities, or attending its meetings or functions; and from participating in an official nonathletic extracurricular activity. Such suspension may be imposed for any length of time up to one calendar year. This disciplinary action will be imposed for engaging in activities such as the following: possessing or using alcoholic beverages on College property or while representing the College as a part of an off campus function in violation of College rules; destroying College property or a student’s personal property; giving false information in response to requests from the College; instigating a disturbance or riot; theft; possession, use, sale, or purchase of illegal drugs on or off campus; an attempt to incur personal bodily injury which includes taking an overdose of pills or any other act where emergency medical attention is required; and conviction of any act which is classified as a serious misdemeanor, aggravated misdemeanor, or felony under state or federal law. 38 Northwest Iowa Community College Catalog 2016–2017 Student Discipline


NCC_Catalog
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