All potential violations of the DeKalb Tech Student Code of Conduct as outlined in the Student Handbook will be directed to the Dean of Student Affairs (or designee) and the Director of Security for initial investigation and decisions as to whether a Disciplinary Hearing must take place.
Students have the right to due process in a Disciplinary Hearing when accused of or involved in any violation of DeKalb Tech regulations or rule of conduct. It includes the following:

A. The right to a notice in writing of any charges.

B. The right to admit the alleged violation, waive a hearing, and accept DeKalb Tech’s action.

C. The right to admit the alleged violation but request a hearing.

D. The right to deny the alleged violation and request a hearing.

E. The right to a fair hearing before a Disciplinary Committee, not including those who brought the charges.

F. The right to appear in person at a hearing or not to appear with assurance that the failure to appear shall not be construed as an indication of guilt.

G. The complainant and the accused have the right to be assisted by any advisor they choose, at their own expense.  The advisor may be an attorney. The complainant and/or the accused is responsible for presenting their own case. Therefore, advisors are not permitted to speak nor to participate directly in any hearing before a Disciplinary Committee.

H. The right to call witnesses and present evidence on their behalf.

I. The right to request a list of witnesses who will appear against them.

J. The right to confront and cross-examine witnesses and/or accusers.

K. The right to request a copy of the record or the tape recording of a hearing if the offenses involve possible suspension or dismissal.

L. The right to appeal to the appropriate Vice President, the President, and the DeKalb Tech Board of Directors if the sanction is suspension or dismissal.

When a formal appeal is made to the Vice President of Student Services, a Disciplinary Committee is formed by the Vice President.  The Committee will make a Hearing decision.  A student may appeal the decision of the Disciplinary Committee to the Vice President of Student Services within five (5) working days of the date when the decision was received in person or by mail. Such appeal must be in writing, dated, and set forth the specific grounds of the appeal.  A student wishing to appeal the decision of the Vice President of Student Services to the President shall do so in writing within five (5) business days after the decision is made.  The President shall make a decision within five (5) business days.

Should the aggrieved student be dissatisfied with a decision of the President, the student has the right to appeal in writing to the DeKalb Tech Board of Directors.  The appeal shall be submitted within a period of ten (10) days after the President's decision and shall recite all reasons for dissatisfaction with the previous decision.  The Board of Directors or a committee of the Board shall make a final decision within thirty (30) business days. 

Hearings shall be conducted according to the following guidelines:

A. Hearings normally shall be conducted in private.

B. Admission of any person to the hearing shall be at the discretion of the Disciplinary Committee Chairperson.

C. In hearings involving more than one accused student, the Disciplinary Committee Chairperson may permit hearings concerning each student to be conducted separately.

D. 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.

E.  Other than DeKalb Tech 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 Vice President of Student Services.  Upon graduation, the student’s confidential record may be expunged of disciplinary actions, College suspension or 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 Services 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 whose English is not sufficiently fluent to provide adequate representation at the committee meeting.

A meeting of the Disciplinary Committee is scheduled by the Vice President of Student Services within two (2) weeks of receiving the written appeal.