DISCIPLINE AND PENALTIES

 

Authority

          The District has inherent authority to maintain order and discipline students.  It may discipline students for failing to abide by its standards of conduct.  Speake v. Grantham, 317 F.Supp. 1253 (S.D. Miss. 1970)

          Students who cause disorders and disrupt the school’s educational environment may be disciplined.  Lansdale v. Tyler Junior College, 318 F.Supp. 529 (E.D. Tex. 1970)

          Students attending the District are subject to reasonable rules and regulations of the Board.  Foley v. Benedict, 55 S.W.2d 805 (Tex. Comm. App. 1932); Calbillo v. San Jacinto Junior College, 305 F.Supp. 857 (S.D. Tex. 1969)

Suspension

          The District may define offenses for which suspension (for the rest of the semester or for a longer period of time) may be imposed and determine whether the offense has been committed.  Students are entitled to a fair notice or warning of what constitutes prohibited behavior.  Students shall be given a fair opportunity to demonstrate innocence in a hearing before school officials.  Students are entitled to due process in disciplinary hearings, including being given adequate notice of the hearing and definite charges in advance and the right to a fair hearing before an impartial tribunal.  Foley v Benedict, 55 S.W.2d 805 (Tex. Comm. App. 1932); Cornette v. Aldridge, 408 S.W.2d 935 (Tex. Civ. App. 1966); Jenkins v Louisiana State Board of Education, 506 F.2d 992 (5^th Cir. 1975); Shamloo v Mississippi State Board of Trustees, etc., 620 F.2d 515 (5^th Cir. 1980)

Expulsion of Certain Foreign Students

          The Board may expel from the District any student who is a citizen of a country other than the United States attending the District under a nonimmigrant visa issued by Immigration and Naturalization Service and who is finally convicted of certain offenses defined by state law.  Education Code 51.909(a)

Hearing Committee

          In cases in which the accused student disputes the facts upon which the charges are based, such charges shall be heard and determined by a hearing committee.

          The hearing committee shall be impartial and shall be designated by the college President or selected according to procedures approved by the college President.

          The hearing committee shall preside over a fair hearing for the student and the college District’s administration.  The student and the college District may be represented by counsel at the hearing.

Notice

          The hearing committee shall notify the accused student by letter of the date, time, and place for the hearing.  Unless the student and the hearing committee otherwise agree, the hearing shall take place within ten workdays after the date of the letter.  If the student has been suspended, the hearing shall take place as soon as possible.

Contents of Notice

          The notice shall:

       1.      Direct the student to appear on the date and at the time and place specified.

2.           Advise the student of his or her rights:

a.           To be represented by counsel at the hearing;

b.          To call witnesses, request copies of evidence in the college District’s possession, and offer evidence and agreement in his or her own behalf.

c.           To have the hearing recorded verbatim and have a stenographic digest made of the recording.

d.          To ask questions of each witness who testifies against the student.

3.           Contain the names of witnesses who shall testify against the student and a description of documentary and other evidence that will be offered against the student.

4.           Contain a copy or description of the complaint in sufficient detail to enable the student to prepare his or her defense against the charges.

5.           State the proposed punishment or range of punishments that may be imposed.

Failure to Appear for Hearing

          The hearing committee may impose appropriate punishment upon a student who fails without good cause to appear for the hearing; for purposes of assessing punishment, the hearing committee may proceed with the hearing in the student’s absence

Hearing Procedure

          The hearing shall proceed as follows:

        1.     The hearing chairperson shall read the complaint.

2.           The hearing chairperson shall inform the student of his or her rights.

3.           The designated official or representative shall present the college District’s case.

4.           The student or representative shall present his or her defense.

5.           The designated official or representative shall present rebuttal evidence.

6.           The designated official or representative shall summarize and argue the college District’s case.

7.           The student or representative shall summarize and argue his or her case.

8.           The designated official or representative shall have an opportunity for rebuttal argument.

9.           The hearing committee may take the matter under advisement for 24 hours before rendering a decision.  The decision shall be made by a majority vote.

10.        The decision shall be communicated to the student in writing with 15 workdays of the hearing.

Evidence

          Evidence shall be handled according to the following:

       1.      Legal rules of evidence do not apply; the hearing committee chairperson may admit evidence that is commonly accepted by reasonable persons in the conduct of their affairs.  The hearing chairperson may exclude irrelevant, immaterial, and unduly repetitious evidence.

2.           At the hearing, the college District shall be required to prove by a preponderance of the evidence that the charges are true.

3.           A student may not be compelled to testify.

4.           The hearing committee shall decide the issue of guilt or innocence and an appropriate penalty solely on the basis of evidence presented at the hearing.

5.           A tape recording shall be made of the hearing.  A stenographic digest of the recording shall be made if needed for an appeal, and, on request, a student defendant shall be given a copy of the digest.  A student defendant or his or her representative may listen to the tape recording and compare it with the digest.  A student defendant may, at his or her own expense, have a stenographer present at the hearing to make a stenographic transcript of the hearing.

Decision

          The hearing committee shall render a written decision as to the accused student’s guilt or innocence of the charges; if it finds the student guilty, it shall set forth findings of facts in support of its decision.  The penalty shall also be stated in the decision.  The dean shall administer the penalty, if any.

Hearing Records

                    The disciplinary records and proceedings shall be kept confidential and separate from the student’s academic record.

        Types of Penalties

          The hearing committee may impose one or more of the following penalties:

1.          Reprimand – a verbal or written warning to the student following a rule violation.  Repetition of such misconduct may result in more severe disciplinary action.

2.          Conditional Probation – The placing of a student on notice that continued infraction of regulations may result in suspension or expulsion from the college.  Conditional probation may include social and behavioral restrictions, restitution for ham caused by misconduct of student, or specified community service.  This probation may be for a specified length of time or for an indefinite period according to the relative severity of the infraction or misconduct.  Failure to fulfill the terms of the probation may lead to suspension or expulsion.

3.     Suspension – Forced withdrawal from the college for either a definite period of time or until stated conditions have been met.  Normally, suspension shall extend through a minimum of one regular long semester (with summer sessions not counting in the one semester minimum time lapse).  However, suspension may exceed the one semester minimum. 

4.           Expulsion – Permanent forced withdrawal from the college.  A student receiving disciplinary expulsion shall have the action noted in his/her permanent record.

5.          When cheating, collusion, or plagiarism has occurred beyond any reasonable doubt, the instructor may give the student or students involved an “F’ on a particular assignment or exam.  The instructor shall make a written report of the incident and of the planned action to his or her respective dean.  Depending upon the seriousness of the academic misconduct, the college District may impose any of the earlier-listed punishments.

Appeal

          Any student disciplined pursuant to this policy may, within 15 days of receiving notice of the hearing committee’s decision, petition in writing the college President and Board to review the decision.  The student’s petition shall state with particularity why the decision is believed to be incorrect or unfair.  The college President or Board may, in its sole discretion, choose to allow oral argument on the petition.

          Within 30 days of receiving the petition, the college President or Board may act to affirm, modify, remand, or reverse the decision.  If no action is taken within 60 days, the hearing committee’s decision shall thereby be affirmed.