Disciplinary Procedures

The purpose of the ESCC Disciplinary Procedures section is to provide a process to address formal complaints concerning students at the College, discuss them in an orderly and amicable fashion, and resolve them equitably and fairly.

Filing a Complaint

In an effort to resolve student complaints at the initial administrative level, the College seeks to promote simple, honest, and straightforward communication between the complainant, the student (s), and the College.

An individual who has a grievance should complete the Official Complaint Form (Form A, found in the Dean of Students office) and submit it to the Dean of Students immediately after the alleged discrepancy is recognized. Official complaints should include, but are not limited to, one or more of the prohibited behaviors listed within the College’s Code of Student Conduct in the Catalog and Student Handbook which documents the standard of conduct by which students and organizations are expected to abide.

Processing of Complaint

The Dean of Students shall be responsible for preparing and forwarding cases to the College Disciplinary Committee. When an alleged violation of the Student Code of Conduct comes to the attention of the Dean of Students, he/she shall receive any information concerning the alleged violation, including pertinent facts, evidence, testimony, and witnesses’ names. Any individual may bring charges against a student. Should the Dean of Students consider the offense serious enough that the student poses a threat to other persons or ESCC facilities, the individual may be suspended immediately.
The Dean of Students or designee shall schedule a meeting with the complainant and the student for an interview at the earliest possible time to discuss an alleged violation of the Student Code of Conduct. If the student fails to appear for the interview, the Dean of Students may, on the basis of available evidence, forward the case to the Disciplinary Committee. When the student appears for the interview and before the interview begins, the student shall be informed that the interview is for the purpose of discussing a possible violation of the Student Code of Conduct. The student shall be presented a printed copy of his/her rights of procedural due process.
If the Dean of Students determines, as a result of the interview and other evidence, that there is sufficient reason to present the case to the Disciplinary Committee, the student shall be asked to enter a plea of guilty, not guilty, or no plea. A date shall be set for the hearing and the student shall be notified of that date. The notice to the student shall be in writing and shall include the alleged violation, a statement of the incident leading to the violation, the nature of the evidence (if available), the names of any witnesses, and the student’s right to a closed hearing. There shall be a minimum of five (5) business days between the interview and the date of the hearing unless there is mutual agreement between the student and the Dean of Students for an earlier hearing. In the event of extenuating circumstances, the student may request to defer the hearing based on approval by the Dean of Students within twenty-four (24) hours of the scheduled hearing date. The student may request to defer the hearing date up to three (3) business days. The written hearing notification may be sent to the student’s residence and may also be communicated to the student via the student’s ESCC student email address.
If the student fails to attend the College Disciplinary Committee hearing after notification of the hearing date by the Dean of Students, the hearing shall continue.
Once the Dean of Students determines the need for a hearing, a hold shall be placed on the student’s record until the disciplinary process is completed.
The decision of the Disciplinary Committee will be reached from a simple majority vote. The decision of the Disciplinary Committee becomes official when put into writing by the Dean of Students. A copy of the decision letter shall be sent to the student, the complainant, the Disciplinary Committee, and the President within three (3) business days after the hearing.
The student has ten (10) business days from the date of the decision letter from the Dean of Students to complete the Complaint Appeal Form (Form B) with the Dean of Students’ office to appeal the decision of the Disciplinary Committee to the Disciplinary Appeals Committee. The student may request the Complaint Appeal Form from the Dean of Students office.
The Disciplinary Appeals Committee is composed of a member of the Student Services Division appointed by the Dean of Students, the President of the Student Government Association, and the Dean of Instruction, who serves as chairperson. By a majority vote, the Disciplinary Appeals Committee may decide that:
1. the decision rendered by the Disciplinary Committee be affirmed,
2. the decision be amended, or
3. a new hearing be held before the Disciplinary Committee. A written copy of the decision reached by the Disciplinary Appeals Committee shall be sent to the student by the Dean of Students.
4. All decisions of the Disciplinary Appeals Committee shall be final.
5. All disciplinary proceedings and records are confidential.
6. These disciplinary procedures may be carried out prior to, simultaneously with, or following civil or criminal proceedings.

Organization of the Disciplinary Committee

The Dean of Students or designee has the responsibility for administration of student discipline at all locations. The Enterprise and Ozark campuses will have a separate Disciplinary Committee appointed by that location’s Dean or Director. The Ozark campus College Disciplinary Committee will serve any aviation sites. Each Disciplinary Committee will consist of three faculty, two Student Services staff, one professional staff, and one student member.

The Disciplinary Committee shall objectively consider charges and grievances brought against any student by the Dean of Students. The Committee shall refer all judgments and decisions in accordance with due process, as guaranteed to each student, and shall afford a fair and impartial hearing to all persons who come before the committee. In making these decisions, the committee shall consider the welfare of the individual(s) concerned, of other Enterprise State Community College students, and the College.

Due Process

Students will be entitled to procedural due process in all cases brought before the Disciplinary Committee.

The Hearing

Notice: The student will be notified in writing by the Dean of Students of the charges against him/her. This notification will also contain the date, time, and the location of the Disciplinary Committee hearing.
Legal Counsel: At the hearing, the student may be advised by legal counsel of his/her choice. Legal counsel may not address the Disciplinary Committee or any witness.
Testimony: The student may call witnesses on his/her behalf. The student may cross-examine witnesses. Refusal by the student to answer questions shall not be construed as an admission of guilt.
Nature of Hearing: All disciplinary hearings are closed to everyone except those authorized by the Dean of Students.

Waiving the Hearing

Within twenty-four (24) hours of notification of the hearing, a student may waive the right to a hearing before the Disciplinary Committee. Should a student waive the right to a hearing before the Committee, the Dean of Students may accept jurisdiction.
Once a student has knowingly and voluntarily accepted in writing the authority of the Dean of Students’ jurisdiction and has been informed of his/her rights, the student is deemed to have waived the right to request a hearing before the Disciplinary Committee.
Once the Dean of Students has been granted jurisdiction, the Dean of Students may make a determination of guilt by examination of evidence or testimony or by admission of guilt by the student. If the Dean of Students determines that a violation has occurred, then disciplinary sanctions may be imposed.

Hearing Procedures

The hearing before the Disciplinary Committee is not a court proceeding and therefore adherence to federal or state Rules of Court is not required. The hearing shall proceed as follows:

All disciplinary hearings are closed to everyone except those authorized by the Dean of Students.
All proceedings of the hearing shall be recorded. The record of the hearing shall be maintained in the office of the Dean of Students.
The proceeding shall open with the chairperson of the Disciplinary Committee reading the charge against the student and the advisement of the student’s right to remain silent.
The plaintiff or a representative of the plaintiff shall present the evidence against the accused student in the presence of the student and the committee shall be afforded the opportunity for reasonable cross-examination.
The defendant (accused student) may then present the evidence on his/her behalf and the Disciplinary Committee shall be afforded the opportunity for reasonable cross-examination.
Legal counsel may not speak or conduct cross-examination; however, counsel may advise his/her client.
Rebuttal evidence may be presented by either party as necessary but not so as to be redundant.
While the Disciplinary Committee deliberates and makes its decision, only committee members are to be present.
The Disciplinary Committee can determine (by simple majority) that the student did in fact commit the act as charged only if it finds the evidence to be clear and convincing.

Rules of Evidence Used in the Hearing

The federal and/or applicable state Rules of Evidence shall not be required or enforced.

The Disciplinary Committee does not have the power to subpoena or require sworn testimony of students appearing before the committee or of witnesses for or against the student. Refusal of a student to make a statement or to answer any or all questions shall be no basis for a determination of guilt or innocence.
Written statements from absent witnesses shall be admissible only when a witness is unable to attend for good cause. If the student challenges any significant part of a written statement, the Disciplinary Committee may disregard the challenged portion in its study of evidence and testimony presented. If the committee so desires, it may discontinue the hearing until the witness may appear and be questioned by the committee and the student.
A student’s prior record (legal or disciplinary) shall be inadmissible as evidence to prove guilt or innocence; however, a prior record may be considered by the committee in determining the appropriate disciplinary action.
Although formal federal and state Rules of Evidence shall not be observed in proceedings before the Disciplinary Committee, the decisions of the committee on the issue of violation of the Student Code of Conduct will be based solely upon the evidence introduced at the hearing.