Student Handbook 2019-2020 | Page 36

g. Record an event of cheating in the student’s disciplinary record. Procedural Standards in Student Code of Conduct Proceedings Educational institutions have a duty and the disciplinary powers to protect their educational purpose, through the setting of standards of scholarship and conduct for the students who attend them, and through the regulation of the use of institutional facilities. The College encourages students, faculty, and staff to resolve disputes informally in appropriate cases. Contact the Office of the Dean of Student Development to learn more about College-facilitated procedures for informal dispute resolution. Student conduct outcomes will not necessarily change if criminal charges are dismissed or altered. Interim Action (If necessary) The Dean of Student Development or designee may impose interim action(s) prior to a conduct meeting and/or while an investigation or conduct process is occurring. Such action is reserved for those cases when it is necessary to protect the health, welfare, or safety of a student or the community. Such action may also apply if the student poses a threat of significant disruption to the educational process and/or the normal operations of the College, or if the student cannot be located, and/or does not participate in the conduct process. Should such events occur, the Dean of Student Development shall send written notice of such measures/actions to the student, at his or her last known address by certified mail, return receipt requested as well as through the student’s NWTC email account. The notice shall state the specific action imposed and the reason for the action as well as instructions regarding next steps in the conduct process. Possible Outcomes of the Preliminary Investigation The Dean of Student Development or designee will determine the most appropriate resolution and/or adjudication format, which include: 1. Insufficient Cause - If the Dean of Student Development or designee finds insufficient cause to charge a student with violating the Student Code of Conduct, and/or if the investigation indicates that the student is not responsible for the violations, the case will be closed. 2. Mediation - In appropriate cases, the Dean of Student Development or designee may coordinate a mediation process with the involved parties. Mediation is a voluntary process in which the parties involved meet with a neutral third party to discuss and design a resolution to the issues of concern. Mediation often results in a written agreement that is drafted and signed by both parties. If students elect not to participate in the mediation process, adjudication of the case may take another form as listed here. Mediation is never used to resolve cases involving sexual misconduct. 3. Informal Resolution - The student and the Dean of Student Development or designee may agree to resolve the matter informally. In that event, the student and the Dean of Student Development or designee shall review the charges and the student shall accept responsibility for the charged violations of the Student Code of Conduct. The student and the Dean of Student Development or designee may then discuss a plan for resolving the issues involved in the misconduct, which may include sanctions. A student who elects to resolve the charge(s) with the Dean of Student Development or designee shall, after being informed of his/her rights, sign a judicial action form as a written acceptance of the responsibility and the specified sanction(s) imposed. This action will close the case. A student who disagrees with the findings of responsibility or the sanctions levied may choose to request a formal hearing. The request for a formal hearing must be made in writing (may include electronic correspondence) to the office of the Dean of Student Development within 3 business days of the informal resolution discussion. Informal resolution is a required step before a student or the College requests a formal hearing. 4. Formal Hearing - The student may proceed to a formal hearing if requested (see above). At this time, an NWTC Student Conduct Panel, consisting of three students and two faculty/staff, would be assigned by the Vice President of Student Services and convened to hear the case. The Student Conduct Panel has the following guidelines: a. The Panel will be chaired by a designee of the Vice President of Student Services. The committee will strive for a cross-section of program departments avoiding conflict of interest through program department assignment or student familiarity.