V. D. Student Disciplinary Due Process

V. D. DeKalb Technical College

Student Disciplinary Due Process

These procedures are established in recognition of the need for due process in citing, examining, and resolving alleged violations of student rights and responsibilities as outlined in this manual (see STUDENT CONDUCT CODE, 03-01-01). The Vice President of Student Affairs is the administrative official responsible for ensuring compliance with these policies and procedures.

Philosophy

The purpose of DeKalb Technical College (DTC) is to improve the intellectual skills and economic well being of Georgia citizens by preparing individuals through organized learning experiences to select, obtain, and advance in recognized occupations.

DeKalb Technical College recognizes its students as adults pursuing a postsecondary education. In general, the conduct expected of students includes: (1) common decency and decorum; (2) recognition of and non-infringement upon the rights and property of others; (3) honesty in academic and non-academic pursuits; and (4) observance of local, state, and federal laws.

DeKalb Technical College reserves the right to maintain a safe and orderly educational environment for students and staff. Therefore, when, in the judgment of DeKalb Technical College officials, a student’s conduct disrupts or threatens to disrupt the college community, appropriate disciplinary action will be taken to restore and protect the atmosphere of collegiality and mutual respect on campus. This procedure is intended to provide an orderly protocol for handling student disciplinary cases in accordance with the principles of due process and justice.

Definitions

Student – includes all persons taking courses at DeKalb Technical College, full-time and part-time, credit and non-credit, and persons who are not officially enrolled for a particular term but who have a continuing relationship with DeKalb Technical College.
New Student – includes all persons taking courses at DeKalb Technical College for the first time and has not been enrolled at DeKalb Technical College within the past four quarters.
Current Student – includes all persons currently taking course or has taken course within the past four quarters.
Faculty member – any person hired by DeKalb Technical College to conduct teaching, service, or research activities.
Staff – any person employed by DeKalb Technical College who performs assigned administrative responsibilities.
Premises – includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by DeKalb Technical College (including adjacent streets and sidewalks).
Organization – any number of persons who have complied with the formal requirements for DeKalb Technical College recognition.
Grievant - the student who is making the complaint.
Grievable issues - Issues arising from the application of a policy/procedure to the student’s specific case is always grievable. Specifically grievable are issues related to student advisement, improper disclosure of grades, unfair testing procedures and poor treatment of students.
Non-grievable issues - Issues which have a separate process for resolution (i.e. disciplinary sanctions, FERPA, financial aid, academic grades, etc.) are not grievable and a student must take advantage of the process in place.
Complaint - refers to a completed Student Code of Conduct Complaint Form
Business days - Weekdays that the DeKalb Technical College administrative offices are open and weekdays when classes are in session.
Vice President of Student Affairs (VPSA) - The staff member in charge of the Student Affairs division at DeKalb Technical College.
Retaliation - Unfavorable action taken, unfavorable condition created, or other action taken by a student or employee for the purpose of intimidation that is directed toward a student because the student initiated a grievance or participated in an investigation of a grievance.
Disciplinary Committee – any person or persons authorized by the President to determine whether a student has violated the Student Conduct Code or other regulations.
Policy – defined as the written regulations of DeKalb Technical College as found in, but not limited to, the Student Conduct Code, Student Handbook(s), the DeKalb Technical College Catalog(s), the DeKalb Technical College Policy Manual, and the Policy Manual approved by the State Board for the Department of Technical and Adult Education.
Cheating – includes, but is not limited to: (1) use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) dependence upon the aid of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; or (3) the acquisition, without permission, of tests or other academic material belonging to a member of DeKalb Technical College faculty or staff.
Plagiarism – includes, but is not limited to the use by paraphrase or direct quotation, the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
Hazing – an act which endangers the mental or physical health or safety of a student. Also, an act which destroys or removes public or private property for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization.
Academic Advisor - any person hired by DeKalb Technical College to conduct program advisement for first quarter student.
Program Advisor - faculty member that conduct program advisement for second quarter and beyond student.
Security - Refers to any person employed by DeKalb Technical College whose responsibilities include maintaining order and safety on campus.

The Student Charge

Students are charged with certain rights and responsibilities which legitimize their membership in the DeKalb Technical College community. All students are expected to understand and exercise their rights, fulfill their responsibilities, and respect the rights of others.

Knowledge of student rights and responsibilities can help students to avoid the sanctions prescribed for violations of conduct. More important, it can assist students in helping to maintain a climate in which their skills and abilities can be developed without denying the same opportunity to others. Unfamiliarity with student rights and responsibilities does not excuse students from carrying out their charge as members of the DeKalb Technical College community.

DeKalb Technical College promotes an orderly climate of academic integrity, rational and critical inquiry, intellectual freedom, and freedom of individual thought and expression consistent with the rights of others. Faculty, staff, and students have reciprocal rights and obligations designated to establish and maintain these tenets. DeKalb Technical College protects the rights of students and invokes sanctions where conduct adversely affects DeKalb Technical College’s pursuit of its educational objectives.

Student Rights

Students have a right to be heard through the Academic Deans, the Dean of Student Affairs, or the Dean of Adult Literacy Services in matters which affect their rights and responsibilities.

Students have the right to take a stand on issues, to examine and discuss questions of interest, and to support legal causes by orderly means which do not disrupt DeKalb Technical College operations or interfere with the rights of others. Students or student groups wishing to engage in a peaceful demonstration must obtain a permit from the Office of the Vice President of Student Affairs at least forty-eight (48) hours prior to the demonstration. The demonstration must be restricted to the area specified in the permit.

Students have the right to freedom of expression by word or symbol as long as it does not materially or substantially interfere with the orderly operation of DeKalb Technical College or the rights of others. This right of expression does not protect lewd, indecent, or obscene conduct and expression.

Student publications and communications are guaranteed the rights inherent in the concept of "freedom of the press." Individual students and organizations have the right to publish, distribute, and broadcast material on a DeKalb Technical College campus provided that the materials are identified by the name of the student and organization. All publications and broadcasts are subject to the canons of responsible journalism, including the avoidance of libel, avoidance of indecency or obscenity, undocumented allegations, and techniques of harassment and innuendo.

Student organizations approved by the Vice President of Student Affairs may meet on DeKalb Technical College premises provided they make arrangements in accordance with the rules and regulations for room and space reservation. Students and/or student groups may not make reservations in their names for outside groups or organizations to use DeKalb Technical College facilities.

Only student organizations approved by the Vice President of Student Affairs may invite speakers on campus for the purpose of hearing the speaker's ideas and opinions. The President of DeKalb Technical College or an authorized representative may cancel a speaker's reservation when there is a clear and present danger that the speaker would threaten the orderly operation of DeKalb Technical College. Such a cancellation will be communicated to the sponsoring organization.

Students have the right to have their academic and disciplinary records kept confidential subject to existing law. No official records are kept which reflect any alleged political activity or belief of students. No official records of students are available to unauthorized persons without the expressed written consent of the student involved except under legal compulsion.

Rules and Regulations

Generally, DeKalb Technical College Rules and Regulations are limited to conduct which occurs on DeKalb Technical College premises, off-campus classes, activities or functions sponsored by DeKalb Technical College, and those which adversely affect the DeKalb Technical College Community and/or the pursuit of its objectives. Improper conduct includes the following:

Tampering with the election of any DeKalb Technical College recognized student organization. Disposition is a formal hearing.
Hazing involving students or property. Disposition is a formal hearing.
Failure to comply with directions of DeKalb Technical College officials or law enforcement officers acting in the performance of their duties and/or failure to identify oneself to these persons when requested to do so. Disposition is a formal hearing.
Violation of published DeKalb Technical College policies, rules or regulations including, but not limited to, rules imposed upon students who enroll in a particular class or program. Disposition is a formal hearing.
Violation of federal, state, or local law on DeKalb Technical College premises or at DeKalb Technical College sponsored or supervised activities. Disposition is a formal hearing.
Obstruction of the free flow of pedestrian or vehicular traffic on DeKalb Technical College premises or at DeKalb Technical College sponsored or supervised functions. Disposition is a formal hearing.
Conduct that is unbecoming to a student, including but not limited to conduct that is disorderly, lewd, or indecent; a breach of peace; or aiding, abetting, or procuring another person to breach the peace on DeKalb Technical College premises or at other locations where classes, activities, or functions sponsored or participated by DeKalb Technical College may be held. Disposition is a formal hearing.
Use of tobacco products in campus buildings. Smoking is not permitted on DeKalb Technical College property. Disposition is a formal hearing.
Failure to dress appropriately at all times. Dress requirements vary in classrooms, laboratory, and shop areas. Students enrolled in internships and clinical courses are required to dress appropriately according to the requirements of the work for which they are being trained. Students shall not dress, groom, wear, or use emblems, insignias, badges, or other symbols or lewd or vulgar words where the effect thereof is offensive to a reasonable person or otherwise causes disruption or interference with the orderly operations of DeKalb Technical College. The Vice President of Student Affairs or designee (Dean of Student Affairs) shall determine if the particular mode of dress results in disruptions or interference. Students shall at all times observe rules governing body cleanliness and not wear short or tight shorts, swimsuits, tank tops, bare midriffs, or have bare feet. Disposition is a formal hearing.
Firearms, explosives, fireworks, or weapons of any kind are not to be brought onto any campus premises or to campus-sponsored events except as authorized by proper officials. Disposition is a formal hearing.
The sale or attempted sale, use of or the perceived use of, or possession of any illegal, dangerous, or controlled drugs on any campus premises or at any campus-sponsored event is prohibited. Disposition is a formal hearing.
The sale or attempted sale, use of or the perceived use of, or possession of alcoholic beverages on any campus premises or at any campus-sponsored event is prohibited. Disposition is a formal hearing.
No person shall abuse, threaten, or intimidate any member of the faculty, staff, student body, or any official visitor to DeKalb Technical College. Disposition is a formal hearing.
The taking, damaging, or malicious destruction of property belonging to DeKalb Technical College, visitors to DeKalb Technical College, or to any member of the DeKalb Technical College community is prohibited. Disposition is a formal hearing.
No persons shall assemble on any of the campuses for the purpose of creating a riot or disorderly diversion which interferes with the normal educational processes and operations of DeKalb Technical College. Disposition is a formal hearing.
Gambling on the premises of all campuses is prohibited. Disposition is a formal hearing.
No person shall interfere with, fail to cooperate with, or fail to identify himself or herself to any properly identified administrator or staff person in the performance of his or her duties. Disposition is a formal hearing.
Unauthorized entry into, use, or occupation of DeKalb Technical College facilities which are locked, closed to student activities, restricted as to use, or which have not been reserved for use through the proper authorities is prohibited. Disposition is a formal hearing.
Falsification, forgery, alteration, fabrication, or misuse of DeKalb Technical College forms, documents, records, or identification cards is prohibited. Disposition is a formal hearing.
The operation of student organizations not properly registered with and recognized by the Vice President of Student Affairs is prohibited. Disposition is a formal hearing.
The dissemination of publications on campus which do not bear the name of the originator or which are not made in accordance with DeKalb Technical College rules and regulations are prohibited. Disposition is a formal hearing.
Students shall not attempt to defraud, deceive, or mislead an instructor in arriving at an honest grade assessment. Initial violation of this policy may result in a lowered grade. The disposition of repeated violations is a formal hearing.
Students shall not attempt to defraud, deceive, or misuse policies and procedures set forth by DeKalb Technical College. The disposition is a formal hearing.
Cellular phones, headsets, cassette/CD players, MP3 players, portable radios, and handheld electronic games may not be operated in classrooms, labs, or other areas where they may interrupt the instructional process. With the Instructor’s prior approval, cassette/CD players may be used to record classroom lectures and activities.
Sexual harassment by students, faculty, or staff is unwelcome behavior. Sexual harassment could be verbal or physical in nature, and could invite or impose a requirement of sexual cooperation as a condition of academic advancement or sustained employment. Sexual harassment of students or any member of the DeKalb Technical College community is prohibited and will subject the offender to possible disciplinary action after compliance with procedural due process requirements. State and federal laws also prohibit sexual harassment.

Disciplinary Complaint Procedure

Any administrative official, faculty member, student, or security officer may file a complaint with the Vice President for Student Affairs or designee (Dean of Student Affairs) against any student for a violation of the Student Code of Conduct. The individual(s) initiating the action must complete a Student Code of Conduct Complaint Form and forward it directly to the Office of Vice President of Student Affairs.

Investigation and Decision

Within 5 working days after the complaint is filed, the Vice President of Student Affairs or designee (Dean of Student Affairs) shall complete a preliminary investigation of the incident, and schedule a private meeting with the student against whom the complaint was filed in order to discuss the incident and the charges. After discussing the complaint with the student, the Vice President of Student Affairs or designee (Dean of Student Affairs) shall determinate whether the alleged conduct did in fact occur, and whether the alleged conduct constitutes a violation of the Student Code of Conduct.
In the event that a complaint alleges violations of the Student Code of Conduct by more than one student, each student’s disciplinary proceeding, as well as any appeals relating to that proceeding, shall be conducted individually.
If the Vice President of Student Affairs or designee (Dean of Student Affairs) determines that the alleged conduct did occur and the conduct was a violation of the Student Code of Conduct, he/she shall impose one or more disciplinary sanctions consistent with those described below. If the Vice President of Student Affairs or designee (Dean of Student Affairs) determines that the alleged conduct did not occur, or that the conduct was not a violation of the Student Code of Conduct, he/she shall not impose any disciplinary sanctions on the student.

Disciplinary Sanctions

After a determination that a student has violated the Student Code of Conduct, the Vice President of Student Affairs or designee (Dean of Student Affairs) may impose one or more of the following sanctions:
A. Restitution – A student who has committed an offense against property may be required to reimburse DeKalb Technical College or other owner for damage to or misappropriation of such property. Any such payment in restitution shall be limited to the actual cost of repair or replacement.
B. Official Reprimand – A written reprimand may be given any student. Such a reprimand does not restrict the student in any way, but it signifies to the student that he/she is in effect being given another chance to conduct himself/herself as a proper member of DeKalb Technical College community, and that any further violation may result in more serious sanctions.
C. Restriction – A restriction upon a student’s privileges for a period of time may be imposed. This restriction may include, for example, denial of the right to represent DeKalb Technical College in any way, denial of use of facilities, alteration or revocation of parking privileges, or restrictions from participating in extracurricular activities.
D. Probation – Continued enrollment of a student on probation may be conditioned upon adherence to specified terms. Any student placed on probation will be notified of the terms and length of probation in writing. Any conduct in violation of these terms while on probation may result in the imposition of more serious disciplinary sanctions, as specified by the terms of probation.
E Failing or lowered grade – In cases of academic misconduct, the Vice President of Student Affairs will make a recommendation to the Vice President of Academic Affairs who may authorize the instructor to award a failing or lowered grade in the course, a loss of credit on the assignment or examination, and may impose other additional sanctions including suspension or dismissal from DeKalb Technical College.
G. Suspension – If a student is suspended, he/she is separated from DeKalb Technical College for a stated period of time. Conditions of readmission, if any, must be stated in the notice of suspension.
H. Dismissal – Permanent removal and exclusion from DeKalb Technical College, DeKalb Technical College controlled facilities, programs, events, and activities. A record of the reason for the student’s dismissal is maintained by DeKalb Technical College. Students who have been dismissed from DeKalb Technical College for any reason may apply in writing for readmission twelve (12) months following the dismissal. If approval for readmission is granted, students may be reinstated and will be placed on disciplinary probation for one (1) semester. If satisfactory progress is made, the probationary status will be removed at the end of the semester.

Interim Suspension – As a general rule, the status of a student accused of violations of the Student Code of Conduct should not be altered until a final determination is made regarding the charges against him/her. However, interim suspension may be imposed upon a finding by the Vice President of Student Affairs or designee (Dean of Student Affairs) that the continued presence of the accused student on campus constitutes an immediate threat to the physical safety and well-being of the accused student or any other member of DeKalb Technical College community or its guests, or that the continued presence of the student on campus creates a risk of substantial disruption of classroom or other campus activities.

Violation of Federal, State, or Local Law

DeKalb Technical College disciplinary proceedings may be instituted against a student charged with violation of federal, state or local law that is also a violation of the Student Conduct Code. If both alleged violations result from the same factual situation, proceedings under the Student Conduct Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.

If a student is charged with an off-campus violation of federal, state, or local law, but not with any other violation of the Student Code of Conduct, disciplinary action may be taken and sanctions imposed for misconduct that is detrimental to the DeKalb Technical College’s vital interests and stated mission and purpose. In such cases, no sanction may be imposed unless the student has been found guilty in a court of law or has declined to contest such charges.
Disciplinary proceedings may be instituted against a student charged with violation of a law that is also a violation of the Student Code of Conduct if both violations result from the same factual situation, without regard to criminal arrest and/or prosecution. Proceedings under this Student Code of Conduct may be carried out prior to, simultaneously with, or following criminal proceedings.
When a student is charged by federal, state, or local authorities with a violation of law, DeKalb Technical College will not request or agree to special consideration for that individual because of his or her status as a student. DeKalb Technical College will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators. Individual students, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate

Conditions of Suspension and Dismissal

A. A student who has been dismissed or suspended from the DeKalb Technical College shall be denied all privileges afforded a student and shall be required to vacate campus at a time determined by the hearing officer or panel.
B. In addition, after vacating campus property, a suspended or dismissed student may not enter upon campus and/or other DeKalb Technical College property at any time, for any purpose, in the absence of express permission from the Vice President of Student Affairs or designee (Dean of Student Affairs). A suspended or dismissed student must contact the Vice President of Student Affairs or designee (Dean of Student Affairs) for permission to enter the campus for a limited, specified purpose.
C. If the student seeks to submit a Disciplinary Sanction Appeal Form, the Vice President of Student Affairs must accept the Form by mail or fax if he/she refuses the student’s request to enter campus for that specified purpose.
D. A scheduled appeal hearing before the Disciplinary Committee shall be understood as expressed permission from the Vice President of Student Affairs or designee (Dean of Student Affairs) for a student to enter campus for the duration of that hearing.

Appeals Procedure for a Disciplinary Decision

A student who wishes to appeal a disciplinary decision by the Vice President of Student Affairs or designee (Dean of Student Affairs) must file a written notice of appeal, Student Disciplinary Sanction Appeal, to the Vice President of Student Affairs within 5 business days of notification of the decision.

The student will then have the right to appear in a hearing before a Disciplinary Committee within 10 business days to present evidence and/or testimony, as well as the right to be represented by counsel. The Committee will consist of the student’s advisor, a representative selected from the student body, a division chair, and a faculty member outside of the student’s program of study. The Committee shall conduct the proceedings and submit a record of the appeal hearing and its decision to the Vice President for Student Affairs. The Vice President of Student Affairs shall notify the student in writing of the Committee’s decision.

In the event that the student chooses to contest the decision of the Disciplinary Committee, he/she has the right to appeal the decision to the President of DeKalb Technical College within 5 business days of notification of the Committee’s decision. The appeal to the President shall be in writing. The President shall deliver his/her decision to the student within 5 business days. The decision of the President shall be final and binding.

The Office of the Vice President of Student Affairs shall retain a copy of all documents concerning complaints, investigations, administrative actions, and communications in relation to any incident that resulted in disciplinary action of any kind against a student. The Office of the Vice President of Student Affairs will also retain records of any appeals filed by the affected student, as well as the resulting record of appeal and decision submitted by the Disciplinary Committee. A record of the final decision must also be retained, in the event that the decision is appealed to the President. All records specified in this section shall be retained for a period of 5 years.

Hearings shall be conducted according to the following guidelines:

Hearings normally shall be conducted in private.
Admission of any person to the hearing shall be at the discretion of the Disciplinary Committee Chairperson.
In hearings involving more than one accused student, the Disciplinary Committee Chairperson may permit hearings concerning each student to be conducted separately.
The complainant, the accused, and the Disciplinary Committee shall have the privilege of presenting witnesses, subject to the right of cross-examination by the Disciplinary Committee.
Other than DeKalb Technical College suspension or expulsion, disciplinary sanctions shall not be made part of the student’s permanent academic record maintained by the Registrar, but shall become part of the student’s confidential record, maintained by the Office of the Vice President of Student Affairs. Upon graduation, the student’s confidential record may be expunged of disciplinary actions, DeKalb Technical College suspension or DeKalb Technical College expulsion, upon application to the Disciplinary Committee.

Since the Disciplinary Committee Hearing is an in-house procedure and not a court of law, no legal counsel or any other person may speak at the Hearing except the student, the instructor, and appointed members of the committee. Exceptions to this can be granted by the Vice President of Student Affairs and only for the following persons:

A. A student with a disability requiring some highly specialized, extraordinary assistance that could not be routinely provided by the Department Chairperson or another member of the committee.
B. A foreign student who’s English is not sufficiently fluent to provide adequate representation at the committee meeting.

For the complete DTC policy of The Disciplinary Procedure and the Student Conduct Code Student, please access the following links:

DTC Student Handbook, The Disciplinary Procedure and The Student Conduct Code
http://www.dekalbtech.edu/studentservices/publications.html

V. D. Student Conduct Code
SBTAE Policy and Procedures Manual

Reviewed 08/99
Revised 02/08