Student Code of Conduct

Table of Contents

Purpose

This Student Code of Conduct (“The Code”) documents the standard of conduct by which students and organizations are expected to abide.

Students and organizations shall be held accountable for compliance with the Code’s provisions. By affiliation with the College, a student or organization does not escape the responsibility of local, state, or federal laws and regulations. The College is committed to maintaining an environment that contributes to its educational mission as well as to the safety, health, and well-being of all students and other persons at all ESCC locations.

Common courtesy and cooperation are expected of all students. Interference, injury, and the intentional attempt to injure or interfere with the personal or property rights of any person—whether a student, visitor, faculty, or staff member—or of the College itself, are strictly prohibited.

Students are expected to possess all text(s), tools, safety items, and personal items necessary to fully and effectively participate in a given class.

The Code describes the code of behavior for all students and student organizations and outlines rights and the process for adjudicating alleged violations. It is outlined in writing to give general notice of prohibited conduct. The Code should be read broadly and is not designed to define prohibited conduct in exhaustive terms. All students and student organizations are expected to conduct themselves in accordance with the Code. The current version of the Code, which may be revised periodically, is available in the ESCC Academic Catalog.

Authority, Jurisdiction, and Standard of Proof

Authority

The Code applies to individual students as well as formal and informal student groups while on campus, as well as those involved in College-related activities or who are functioning as official representatives of the institution while both on and off campus.

The conduct authority for students and student organizations at the College rests with the Dean of Students. The Dean of Students is responsible for the overall administration and oversight of the College’s student conduct process and the Code and has the authority to delegate the responsibility for the administration of the student conduct process and the Code.

When necessary, a College Official designated by the Dean of Students may alter the Disciplinary Procedures to protect the College community, property, or resources.

At any time, the College may dismiss students whose conduct is, in its judgment, detrimental to themselves or to the welfare of others. Violators of the College’s rules and regulations are subject to disciplinary action.

Jurisdiction

Jurisdiction on College Premises, at College-Related Activities and Systems, or Off-Campus

The Code applies to all student or student organization behavior that occurs on College Premises or with College-related activities and systems. The Code may also apply to student and student organization behavior that occurs off-campus when, in the Dean of Students’ discretion, the behavior is of College interest. College interest includes the following:

any situation where it appears that the behavior may endanger the College community;
any situation that significantly infringes upon the rights, property, or educational pursuits of others; significantly disturbs the public peace; or incites or contributes to panic or distress; or
any situation that affects or is detrimental to the College community or the pursuit of College objectives.

If a student withdraws or leaves the College prior to the resolution of a pending case, a hold will be placed on the student’s record, and they will be prohibited from future enrollment until such time as the case is resolved.

Student Organizations

A student organization may be held accountable for a violation(s) of the Code regardless of whether a member of the Organization is individually held accountable for a violation(s) arising from the same incident(s).
A student organization and its student officers, leaders, or any identifiable spokespersons may be held collectively or individually responsible when prohibited conduct by those associated with the organization have received the implied or direct consent or encouragement of the organization or of the organization's leaders, officers, or spokespersons.
The student officers, leaders, or any identifiable spokespersons for a student organization may be directed by appropriate College Officials or other designated law enforcement officials to take appropriate action designed to prevent or end prohibited conduct by the organization.
A student organization may be held accountable if any of the following situations regarding an alleged violation(s) of the Code apply: (a) it was committed by one or more members of the organization; (b) it occurred in the context of an organization-sponsored function; or (c) it occurred in the context of an organization-sponsored activity that was advertised via organization-controlled mediums (e.g., social media).
The president of a student organization shall represent the organization unless the organization’s sponsor petitions the Dean of Students in writing to substitute another student to represent the organization.
A student organization that is a member, chapter, affiliate, or associate of a local, state, national, or international organization (collectively referred to as “parent organization”) must disclose to the Dean of Students or designee any investigation or disciplinary action (e.g., alleged behavior, disciplinary procedures, findings, sanction(s)) initiated by the parent organization. The disclosure must be made within one (1) business day of the organization being notified. Determinations on the most appropriate follow-up, including, but not limited to, initiation of the Disciplinary Procedures, shall be made at the discretion of the Dean of Students.

Relationship to the Legal and Criminal Justice System

The Disciplinary Procedures in the Code are educational, administrative procedures and differ from the criminal justice system in scope, purpose, procedure, and outcome. It is not a legal proceeding, nor is it intended to resemble one. An alleged violation(s) of the Code that is also a violation(s) of federal, state, or local law can be prosecuted separately through the legal system and, if the student is found guilty, can result in civil or criminal penalties such as probation, fines, jail, or prison. The College does not need to wait for resolution of pending criminal charges before proceeding with the Disciplinary Procedures. These Disciplinary Procedures may be carried out prior to, simultaneously with, or following civil or criminal proceedings. The College may use information from third party sources, such as law enforcement agencies, the courts, and other witnesses to help determine whether a violation(s) of the Code has occurred.

A student must disclose to the Dean of Students or designee any arrest or conviction for a criminal offense (excluding minor traffic violations that do not result in an arrest or injury to others) that occurs after the student has enrolled at the College, regardless of whether the arrest or conviction occurred within the State of Alabama or whether the College is in session at the time. The disclosure must be made within five (5) Business Days of the arrest or conviction, whichever occurs first. If the arrest or conviction involves a juvenile proceeding, the student has been granted youthful offender status with regard to the case, or the conviction has been sealed, expunged, or overturned, the student is not required to disclose the arrest or conviction. Determinations on the most appropriate follow-up, including, but not limited to, an educational conversation, initiation of the Disciplinary Procedures, or notification to appropriate College Officials, shall be made at the discretion of the Dean of Students or designee.

Additional Policies and Code

Students may be subject to additional College policies and procedures; rules; regulations; guidelines; or professional and ethical code that supplement the Code.

Standard of Proof

For the Responding Party to be found responsible for a violation(s) of the Code, the totality of the information must establish that the Responding Party is responsible for the violation(s) by a clear and convincing standard, meaning that the evidence, when weighed against evidence in opposition, will produce in the mind of the Disciplinary Committee a firm conviction as to the claim and a high probability as to the correctness of the conclusion. Proof by clear and convincing evidence requires a level of proof greater than a preponderance of the evidence, or the substantial weight of the evidence, but less than beyond a reasonable doubt. This determination must be based solely on the information presented during the Disciplinary Procedures. Formal rules of evidence are not applicable, nor does deviation from the Disciplinary Procedures necessarily invalidate a determination or proceeding, unless the deviation significantly impacts the resolution.

Rights of the Responding Party

The Responding Party has the following rights:

to be provided a fair, impartial, and efficient process;
to be presumed not responsible until determined otherwise through the Disciplinary Procedures;
to be given written notice of any alleged violation(s) of the Code;
to present relevant information on their behalf, including witnesses and documentary information;
to respond to information presented against them;
to decline to make statements against themselves;
to have a support individual present during the Disciplinary Procedures;
to receive reasonable accommodations as a qualified student with a disability under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act;
to request a delay of a Hearing due to extenuating circumstances, provided that the granting of such request is in the discretion of the Dean of Students;
to hear and pose relevant questions to any witness appearing at a Hearing in a manner consistent with the Code.

Prohibited Conduct

The following behaviors are prohibited and are considered violations of the Code. Attempts to engage in behavior prohibited by the Code or knowingly or willfully encouraging or assisting others to engage in these behaviors are also prohibited and may be adjudicated through the Disciplinary Procedures.

Forgery, alteration, or misuse of College documents, records, or identification.
Issuance of worthless checks made payable to the College.
Failure to comply with the authority of the College’s officials acting within the capacity and performance of their positions.
Violation of the College’s written rules, policies, and regulations.
Obstruction or disruption of teaching, research, administration, disciplinary procedures, other ESCC activities, or other activities of ESCC students, employees, organizations, or clubs on the College’s premises.
Destruction, damage, or misuse of College public or private property (the student organization is responsible for any damage to College property).
Conduct in violation of federal or state statutes or local ordinances which threaten the health and/or safety of the College’s community or adversely affects the educational environment of the College.
Conviction of any misdemeanor or felony which adversely affects the educational environment of the College (subject to Disciplinary Committee hearing).
Obtaining the College’s services by false pretenses, including but not limited to misappropriation or conversion of the College’s funds, supplies, equipment, labor, material, space, facilities, or services.
Hazing (any mental or physical requirement or obligation placed upon a person by a member of any organization or by an individual or by a group which could cause discomfort, embarrassment, pain, or injury or which violates any legal statute of the College’s rules, regulations, or policies) which creates a situation which results in or might result in mental or physical discomfort, embarrassment, harassment, or ridicule, including servitude (often called “personal favors”).
Lewd, obscene, licentious, or indecent conduct or the verbal or written threat of such action against another.
Lewd, obscene, licentious, indecent, or inappropriate dress.
Lewd, obscene, licentious, or indecent language.
Harassment, intimidation, bribery, physical assault, or any other means implied or explicit to influence a member of a judicial body named in the Code, including witnesses, faculty members, staff members, and students—before, during, or after a hearing— (organizations shall be responsible for the actions of their members, alumni, advisors, etc.).
Possession, while on ESCC-owned or controlled property, of firearms, ammunition, explosives, fireworks, or other dangerous instrumentalities; exception—law enforcement officers legally authorized to carry such weapons and officially enrolled in classes or acting in the performance of duties or an instructional program requiring firearms equipment.
Possession, sale, and/or consumption of alcoholic beverages or non-prescribed, controlled drugs on any College property or at a student or ESCC-sponsored function.
Being under the influence of alcoholic beverages or non-prescribed, controlled drugs on any College property or at a student or ESCC-sponsored function.
Usage of any tobacco products within 30 feet of any campus building on the ESCC Campus, outside of designated smoke areas on the AAC Campus, or while engaged in any official College class, game, performance, practice, or activity, whether on or off the campus.
Unauthorized manufacture, sale, delivery, or possession of any drug or drug paraphernalia defined as illegal under local, state, or federal law.
Theft, accessory to theft, and/or possession of stolen property.
Filing a false report or knowingly making a false statement about or interfering with the investigation of any situation described in this Code.
Physical or verbal abuse, threat of violence, intimidation, and physical or mental harassment.
Trespassing or unauthorized entry.
Entering false alarms or tampering with fire extinguishers, alarms, or other equipment.
Publishing, aiding in publishing, circulating, or aiding in circulating anonymous or unauthorized publications or petitions.
Any form of gambling.
Any disruptive or disorderly conduct which interferes with the rights and opportunities of those who attend the College to utilize and enjoy educational facilities or activities.
Unauthorized distribution of copyrighted material, including, but not limited to, unauthorized peer-to-peer (P2P) file sharing (through such software as LimeWire, bearshare, KaZaA, etc.) may subject students to civil and criminal liabilities. A summary of the penalties for violating Federal copyright laws may be obtained from the Dean of Students. Disciplinary actions for violation of copyright laws will be governed by the Disciplinary Procedures outlined in the College Catalog and Student Handbook and Procedure 5-11: Reporting and Responding to Copyright Infringement Allegations for ESCC Policy 518: The Digital Millennium Copyright Act (DMCA) and Peer-to-Peer File Sharing Policy.
Implied or explicit assault, harassment, intimidation, bribery, or other threatening actions toward any individual.
Misuse of the College’s name and/or logo spoken directly or represented visually or audibly in the form of any printed material or electronic media including any and all venues on the Internet.
Any prohibited behavior defined in the Title IX Sexual Harassment Complaint Procedures that does not fall under the jurisdiction of that policy may be handled under this Code. This includes dating violence, domestic violence, sexual exploitation, sexual harassment, and stalking. The prohibited conduct defined in the Title IX Sexual Harassment Complaint Procedures shall be used. The consent definition shall also apply.
For conduct that is not covered by the Title IX Sexual Harassment Complaint Procedures, this Code also prohibits repetitive and menacing behavior towards another, or pursuit, tracking, surveilling, or harassing another in such a way that would cause a reasonable person, under similar circumstances and with similar identities, to fear for their safety or the safety of others, the safety of their property, or to otherwise suffer substantial emotional distress.

Disciplinary Sanctions

If the Responding Party is found responsible for a violation(s) of the Code, a sanction(s) may be imposed. Compelling factors that may affect the severity of the sanction(s) include, but are not limited to, the Responding Party’s demonstrated understanding of their responsibility and level of accountability; the conduct history of the Responding Party; the nature of the incident and the facts and circumstances related to the case; the severity of any damage, injury, or harm resulting from the incident; or the level of disruption to normal College operations and activities.

Individual Student Sanctions

One or more of the following sanctions may be imposed on a student found responsible for a violation(s) of the Code:

Warning is used for minor infractions of the College’s regulations and consists of restatement of the regulation violated with an official warning concerning future behavior. The restriction notifies the student(s) that:

any further violation of the College's regulations will subject the student to further disciplinary sanctions,
the student must maintain exemplary conduct during the period of restriction,
the restriction is generally for an indefinite period of time but not less than one academic semester and may be terminated by the Dean of Students on a discretionary basis, and termination is generally based upon the student's cooperative attitude, academic progress, and positive service contributions to the
College.

Probation is a restriction for a stated period of time designed to encourage and require a student to cease and desist from violating the College's regulations. Any student on probation shall report as required to the Dean of Students and may be subject to one or more of the following:

loss of privilege of representing the College in any intercollegiate event or contest,
loss of privilege of holding any elected or appointed student office or appointment to an ESCC committee,
loss of privilege of performing reasonable civic and noncredit academic assignments, and
Any student who fails to abide by the condition of sanctions may face additional disciplinary actions and shall be required to appear again before the Disciplinary Committee or Dean of Students. Disciplinary probation generally is not less than one (1) academic semester and does not extend longer than two (2) semesters.

Suspension excludes the student from academic and extracurricular activities at the College for a stated period of time. The students) may be barred from any campus, site, center, facility, or activity of the College. As a result, any student found guilty of an infraction that is serious enough to merit suspension from the College will also be withdrawn from the College and will not receive academic credit for the term. To qualify for readmission, the student must receive the Dean of Students' approval.

Class Suspension excludes the student from attending one or more specified courses for improper behavior. Class suspensions are for the remainder of the semester, and the student will be assigned a letter grade of "F" for each course from which he/she is suspended.

Expulsion is the permanent dismissal of a student from the College, resulting in the termination of student status. As a result, any student found guilty of an infraction that is serious enough to merit expulsion from the College will also be withdrawn from the College and will not receive academic credit for the term.

Restitution is compensation for property damage limited to the actual cost of repair or replacement.

On-Campus Community Service is the option of working off part of a disciplinary action by doing work for the college without pay.

Voluntary Withdrawal is the option given to any student who voluntarily withdraws from the College. The Disciplinary Committee or the location dean/director may specify a period of time before the students) may apply for readmission, and the student must receive approval of the respective authority to qualify for readmission to the College.

Mandatory Behavioral Intervention requires the student to participate in one (1) or more meetings, activities, or workshops related to the conduct violation.

Letter of Apology is a written acknowledgment of how the student's behavior or actions adversely affected the Complainant(s).

Student Organization Sanctions

One or more of the following sanctions may be imposed on a student organization found responsible for a violation(s) of the Code:

Conduct Warning - Formal written warning that the organization's behavior was in violation of the Code and that if the organization is subsequently found responsible for a violations) of the Code, more severe sanctions could result.

Recognition Probation - A status in which the organization is deemed not to be in good conduct standing with the College for a specified period of time. The organization may seek and add members during the probationary period and may host other activities unless otherwise specified. If the Organization is subsequently found responsible for a violation(s) of the Code of Conduct while on Recognition Probation, more severe sanctions, including Recognition Suspension could result.

Recognition Suspension - Removal of College recognition for a specified period of time. During the period of Recognition Suspension, the organization is deemed not to be in good conduct standing with the College. While under Recognition Suspension, the organization may not function at the College; utilize College facilities or services; or participate in any College-related activity or system.

Additional Sanctions - The following sanctions may be imposed in addition to those listed above:

restitution for actual financial loss incurred by an individual or the College as a result of the organization's violation(s);
exclusion or administrative ban from all or a portion of any College premises or any College-related activity or system, as specified in the sanction, for a definite or indefinite period of time (e.g., exclusion from intramural competition, denial of use of College premises for meetings or activities);
community service or participation in educational programs;
any other appropriate sanction as determined by the College Official appointed to resolve the case.

Non-Student Sanctions

A non-student or group of non-students may be barred from any campus facility or activity if found guilty of offenses under this Code. The length of this disbarment is at the discretion of the Dean of Students.

Deferral of Sanctions

At the discretion of the Dean of Students, sanction(s) will become effective on the date indicated on the written notice of outcome. If an appeal is filed, the sanction(s) will be deferred until after an appeal decision is made, but may be imposed immediately after a hearing if:

the Responding Party has been found responsible for an act which resulted or foreseeably could have resulted in personal injury to another;
the Responding Party has been found responsible for the forgery or alteration of a College document or record;
the Responding Party has committed an additional violation of the Code during the appeal period or has violated the terms of a previous sanction(s).

Readmission to the College

Readmission to the College after Conduct Suspension or a rescinded Conduct Expulsion is dependent upon the individual's compliance with the imposed sanction(s) and the individual's fitness to return to the campus community. These decisions are made by the Dean of Students and may include consultation with appropriate College Officials. In some cases, appropriate documentation may be required for readmission. Upon readmission, additional requirements may be placed on the individual.

Academic Dishonesty

Enterprise State Community College regards academic dishonesty as a serious offense against the integrity of the educational process. In particular, the College recognizes the following forms of academic dishonesty as matters for disciplinary action:

Cheating - In any act of cheating, a student attempts to use dishonest measures to gain an academic advantage over other students and/or be awarded a grade on some basis other than his/her own effort, knowledge, or skill in the subject being evaluated. Common examples include, but are not limited to, the unauthorized use of materials, information, or study aids during a quiz or examination, copying answers from another student, and copying computer files. In cases in which a student knowingly allows another student to copy from his/her work, both the student who copies such work and the student who allows the copying to occur are guilty of cheating.

Plagiarism - The College distinguishes between three types of plagiarism-blatant, inadvertent, and self-plagiarism.

Blatant plagiarism is the act of using the words and/or work of another author and attempting to pass it as one's own work. Examples of blatant plagiarism include, but are not limited to, a student submitting, under his/her own name, an essay, report, research paper, computer code, or some other assignment which has been written or created in part or in whole by another person or by a computer program. Blatant plagiarism demonstrates a pattern of deception by failing to document appropriately and accurately.
Inadvertent plagiarism involves the unintentional and occasional absence of quotation marks or documentation or the occasional miscitation. Inadvertent plagiarism does not indicate a pattern of deception or carelessness in the documentation of the assignment as a whole.
Self-plagiarism is the resubmission of academic work that has previously been submitted to another class when such submission is made without authorization.

Fabrication - Fabrication occurs when a student presents as genuine any invented or manufactured citation, data, or material. Fabrication includes, but is not limited to, unauthorized use of Al-generated content.

Facilitation - In facilitating, a student assists, knowingly helps, supports, conspires, or colludes with others to engage in any form of academic dishonesty, including but not limited to two or more students who work together to produce individually submitted work without permission from the instructor.

Falsification/Misrepresentation - Falsification occurs when a student falsifies, alters, or incorrectly defines the contents of documents or other materials related to academic matters. Documents might pertain to scheduling, prerequisites, and transcripts, or misrepresent facts about oneself for the purpose of obtaining an academic advantage or for the purpose of academically injuring another student.

Penalties for Academic Dishonesty

Cheating will be punished by a zero for the assignment on which the cheating occurred and referral of the offending students) to the Dean of Instruction. The Dean of Instruction may impose more serious penalties.

Fabricating, facilitating, or falsifying information will be punished by a zero for the assignment and may be subject to further penalties as determined by the Dean of Instruction

Blatant plagiarism will result in a zero on the assignment, failure in the course, and referral of the case to the Dean of Instruction.

Inadvertent plagiarism involves the unintentional and occasional use of key phrases from a source and the failure to punctuate those key phrases as quotations and/or cite, in the prescribed style, the source of the phrases. It may also involve the occasional absence of documentation for a specific bit of paraphrased and/or summarized information that is not common knowledge. Inadvertent plagiarism may involve an occasional miscitation of a source or page reference for a specific bit of information. Inadvertent plagiarism does not indicate a pattern of deception or carelessness in the documentation of the paper as a whole. Inadvertent plagiarism will be punished by grade penalties on the assignment. The instructor will publish to his/her students the grade penalties to be imposed in such cases.

Rights of Appeal and Further Due Process - Academic Dishonesty

Students who believe they are not guilty of cheating or of plagiarism as defined above may seek remedy by following the student complaints procedures as indicated in this publication.

Interim Actions

Students

When the College determines that a student's behavior (a) is potentially threatening, harmful, or dangerous to others or the College community; (b) impacts the stability and continuity of normal College operations and activities; or (c) directly and substantially impedes the lawful activities of others, the Dean of Students or designee may take interim action. Interim actions include, but are not limited to, the following:

temporary suspension from the College;
exclusion or administrative ban from all or a portion of any College premises or any College-related activity or system;
an administrative no contact order with an individual; or
temporary suspension from a course. If a student persists in disrupting a particular course after repeated warnings or being removed from the classroom environment by the instructor, he or she may be temporarily suspended from that course only. Students should still receive necessary assignments and coursework to be completed and turned in during the temporary suspension.

The Dean of Students may, in their discretion, meet with the student and utilize information gathered in that meeting to determine whether to terminate or modify the interim action(s). The student may have a support individual present. In addition to interim action(s), the Disciplinary Procedures may be initiated pursuant to the Code.

Student Organizations

When the College determines that the continued activities of a student organization (a) are potentially threatening, harmful, or dangerous to others or the College community; (b) pose a threat of significant property damage; (c) impact the stability and continuity of normal College operations and activities; or (d) directly and substantially impede the lawful activities of others, the Dean of Students or designee may take interim action(s). Interim actions include, but are not limited to, the following:

temporary suspension from the College in which the organization must cease activities both on and off campus; or
exclusion or administrative ban from all or a portion of any College premises or any College-related activity or system, including, but not limited to, suspension of recruiting, exclusion from intramural competition or denial of use of College Premises for meetings or activities.

The Dean of Students or designee may, in their discretion, meet with the organization and utilize information gathered in that meeting to determine whether to terminate or modify the interim action(s). The organization may have a Support Individual present. In addition to interim action(s), the Disciplinary Procedures may be initiated pursuant to the Code.

Disciplinary Procedures

The purpose of the ESCC Disciplinary Procedures 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

Any individual may refer a student or student organization suspected of violating the Code by completing an Official Student Complaint - Form A (found in the Dean of Students' office or webpage) and submit it to the Dean of Students or designee. Referrals should be made as soon as possible after the alleged violation(s) occurred. Anonymous referrals may limit the College's ability to appropriately respond to the referral. Additionally, the Dean of Students or designee may utilize information resulting from police reports, media reports, or other referral sources.

Processing of Disciplinary Complaint

When an alleged violation of the Student Code of Conduct comes to the attention of the Dean of Students, the Dean of Students will determine whether the Disciplinary Procedures shall be initiated. This determination should be made within five (5) business days after the referral is received; however, a reasonable extension of this time limit is permissible.

The Dean of Students or designee may investigate an alleged violation(s) of the Code. The Dean of Students or designee will conduct interviews with the Responding Party and any relevant witnesses; will collect and review any other information relevant to the report; and a summary of the findings may be produced. If an investigation is anticipated to last for an extended period of time, the Dean of Students, in their discretion, may initiate the Disciplinary Procedures following a preliminary inquiry.

If the Dean of Students initiates the Disciplinary Procedures, a written notice of referral will be sent to the Responding Party via the Responding Party's official College email. The notice of referral will include the following:

notice of the alleged violation(s) of the Code and that the alleged violations) may be modified as a result of additional information provided during the Disciplinary Procedures;
information regarding next steps in the Disciplinary Procedures; and
if a meeting is requested, notice that the Responding Party is required to respond to the meeting request within three (3) business days of delivery of the notice of referral.

As an alternative to the Disciplinary Procedures, the Dean of Students, in their discretion, may take action in order to support the purpose of the student conduct process, including, but not limited to, an administrative no contact order or a request for a meeting (i.e. educational conversation).

Participation of a Support Individual or Legal Counsel

The Responding Party may invite an individual to the Disciplinary Procedures to serve solely as a Support Individual. During the Disciplinary Procedures, the Support Individual may confer with the Responding Party, but may not address other parties or witnesses, and may not unreasonably delay, disrupt, or otherwise interfere with the proceedings. A Support Individual may not argue, make statements, or question witnesses. A Support Individual may address a College Official or Disciplinary Committee Member or respond to questions if asked to do so by a College Official or Disciplinary Committee Member. A Support Individual may not serve as a witness.

The Responding Party may be advised by legal counsel of his/her choice. The legal counsel may not address the Hearing or give evidence on behalf of the student. In answering and asking questions, the student may seek advice from the legal counsel before the proceedings or request a break in the Hearing to discuss with their advisor.

Informal Resolution

In consultation with the Dean of Students, an Informal Resolution may be applied in cases in which any of the following is determined:

there is clear and convincing evidence that the Responding Party has engaged in a single, first-time, Violation of the Code;
there is little additional information needed to resolve the case;
important information relevant to the violation may be communicated to the Responding Party in writing without a face-to face-meeting with the Dean of Students; and
the appropriate response to the violation is limited to an official written notice to the Responding Party educating them about the policy that has been violated and notifying them of any sanctions.

The Informal Resolution will result in written communication to the Responding Party from the Dean of Students or designee that:

provides notification of the alleged violation;
educates the Responding Party about the policy that has been violated;
offers the Responding Party the opportunity to engage in an Informal Resolution;
notifies the Responding Party that they have three (3) business days to accept/deny an Informal Resolution; and
notifies the Responding Party that if they do not respond within three (3) business days, the Informal Resolution stands, and the case will be closed.

Hearing

If the case is not resolved through an Informal Resolution, the Dean of Students or designee may refer the case to the Disciplinary Committee for a Hearing. The Dean of Students or designee may modify the alleged violation(s) based on information provided before or during the Informal Resolution process.

The scheduling of a Hearing may be delayed at the discretion of the Dean of Students or designee due to reasons including, but not limited to, if the alleged violations) occurs close to the end of an academic term, the reasonable need of additional time for the Responding Party to gather information for the Hearing, or upon request of the Responding Party due to extenuating circumstances.

Once the Dean of Students or designee determines the need for a Hearing, a hold shall be placed on the Responding Party's record until the disciplinary process is complete.

At any time before the scheduled Hearing, an Informal Resolution may be offered or accepted.

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 at least two (2) faculty, one (1) student services staff, one (1) administrative staff, and one (1) 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 ECSS students, and the College.

A Disciplinary Committee member who has a conflict with, bias about, or interest in the case or is closely associated professionally or personally with any relevant party to the case should recuse themselves. If a Disciplinary Committee member with a conflict fails to recuse themselves, the Dean of Students shall make the decision about whether to remove that individual from the Disciplinary Committee.

In the discretion of the Dean of Students, the primary documentary information to be presented by the College at the Hearing and a list of witnesses may be submitted to the Disciplinary Committee in advance of the Hearing.

Hearing Proceedings

Notice of the Hearing

Written notice of the Hearing shall be provided to the Responding Party at least five (5) Business Days prior to the date of the Hearing. The notice of Hearing will include the following:

notice of the alleged violation(s) of the Code, citing the alleged behavior prohibited by the Code;
the date, time, and location for the Hearing;
the nature of the evidence (if available); and
a statement indicating that the Responding Party has the right to have a Support Individual present during the Hearing

Notice is sufficient if sent via email to the Responding Party’s official College email address or mailed via first class, registered, or certified mail to the Responding Party’s current address as shown in the student information system on the date of mailing.

Attendance of Parties

The Disciplinary Committee Hearing shall be private and confidential and will be limited to persons involved. Admission of any individual to the Hearing shall be at the discretion of the Dean of Students. Persons present shall include the committee members, the involved student, their Support Individual, and/or faculty/staff member, a note-taker to record the hearing, and witnesses for both parties. Witnesses will be present only when giving testimony. If the Responding Party fails to attend the Disciplinary Committee Hearing after notification of the hearing date by the Dean of Students, the hearing shall continue.

Multiple Responding Parties

Pursuant to FERPA, an alleged violation(s) against multiple Responding Parties involved in the same incident may be heard in a single Hearing only if each Responding Party consents in writing in advance of the Hearing.

Hearing Guidelines

Formal rules of evidence do not apply. The Disciplinary Committee will determine the admissibility of any information, provided that, at the discretion of the Disciplinary Committee, the information is relevant to the alleged violation(s) or other information presented and does not otherwise infringe upon the rights of other
Students. The Responding Party's conduct history is not to be considered in the Hearing unless and until the Responding Party is found responsible for a violation(s) of the Code.
The Disciplinary Committee will exercise control over the proceedings in order to maintain a fair, impartial, and efficient Hearing for all involved individuals. The Disciplinary Committee may exclude or remove any individual who unreasonably delays, disrupts, or otherwise interferes with the Hearing, including the Responding Party, any witness, or their respective Support Individuals.
Each Hearing shall be recorded by the College and not by any other individual. The hearing record becomes a part of the case file in the Dean of Students office. All documents or records included in the case file are the property of the College.
The Disciplinary Committee Chair shall present the case on behalf of the College, including witnesses or documentary information to establish the alleged violation(s). The Disciplinary Committee Chair will present information regarding the investigation, if applicable.
Both parties will have the opportunity to give an opening and closing statement.
The Responding Party and any witness are expected to give truthful testimony. Furnishing untruthful testimony may subject a student or employee to appropriate disciplinary action.
The Responding Party shall be given the opportunity to present any witnesses or documentary information that they wish to offer, provided that, at the discretion of the Disciplinary Committee, the information is relevant to the alleged violation(s) or other information presented and does not otherwise infringe upon the rights of other students. If the Responding Party has a question for a witness during the Hearing, they must present the question to the Disciplinary Committee. After determining the question is relevant to the alleged violation(s) or other information presented and does not otherwise infringe upon the rights of other Students, the Disciplinary Committee may then ask the question or a rephrased question in their discretion on behalf of the Responding Party. The Responding Party will be afforded the opportunity to examine any documents offered.
All witnesses are expected to attend the Hearing. Written witness statements in lieu of appearance and testimony at the Hearing may be admitted as information only if the witness's attendance would result in significant and unavoidable personal hardships or substantial interference with normal College operations and activities. A desire to avoid questioning may not be used to demonstrate "personal hardships." To be eligible for admission into information, such written statements must be signed by the individual writing the statement and verified by an individual appointed by the Dean of Students, submitted via an official college email or the Official Witness Statement - Form D.
To determine findings for any alleged violation(s) of the Code, a vote will be taken in private, based solely on the information presented at the Hearing. In the case of a Disciplinary Committee, the determination shall be by majority vote of the voting members.
If the Responding Party is found responsible for a violation(s) of the Code, the Disciplinary Committee will recommend an appropriate sanction(s). The Responding Party's conduct history may be considered at this time. The Responding Party and any individual who was an alleged victim of the violation(s) while they were a Student or College employee may each provide an Impact Statement as part of the sanctioning phase of the Hearing. The Impact Statement is not binding to the Disciplinary Committee but will be given such weight as deemed appropriate.
The Disciplinary Committee's determination on findings and recommendation on sanction(s) (if applicable) will be sent to the Dean of Students. The Dean of Students has the authority to affirm or adjust the recommended sanction(s).
The Dean of Students shall deliver the Disciplinary Committee’s determinations in a written notice of outcome no later than three (3) business days after the recommendation is made. The notice of outcome will include determinations on findings and sanction(s) (if applicable), due date(s) assigned for any sanction(s), and any available appeal rights, including the permitted grounds for appeal and the time limits in which to appeal. A copy of the determination letter shall be sent to the Responding Party, the Complainant, the Disciplinary Committee Chair, and the President.

Appeal

Findings of responsibility that result in a sanction of probation, suspension, or expulsion may be appealed by a student using the appeal procedures below. Findings of responsibility that result in a sanction of a verbal or written warning cannot be appealed by a student.

Within three (3) business days after delivery of the written notice of outcome, the Responding Party may submit the Complaint Appeal Form 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. In extenuating circumstances, an extension of time may be granted by the Dean of Students. A request for an extension of time must be made in writing and approved by the Dean of Students.

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 or member of the student body appointed by the Dean of Students, and the Dean of Instruction, who serves as chairperson.

The appeal must clearly state the grounds on which it is based and present specific reasons or justifications to support the appeal. Appeals will be considered if based only on the following grounds:

a specified procedural error(s) occurred that significantly impacted the outcome of the Hearing;
new information exists that was not known or could not have been known at the time of the Hearing and could substantially impact the determination on findings or sanction(s);
the determination on findings was not based on substantial information- that is, whether there were not sufficient facts, even if believed by the Disciplinary Committee, to establish that a violation(s) of the Code occurred; or
there is no reasonable basis for the sanction(s) or the sanction(s) is grossly disproportionate to the severity of the violations).

Upon receipt of the student’s appeal, the Dean of Students will promptly forward those meeting the requirements, along with the Record on Appeal, to the Disciplinary Appeals Committee. Appeals not meeting the requirements will not be considered.

The Disciplinary Appeals Committee may contact or schedule a meeting with the student and/or other parties involved to answer questions regarding the appeal.

The Disciplinary Appeals Committee shall make a decision based upon the written appeal and the Record on Appeal. In the case of a Disciplinary Appeals Committee, the determination shall be by majority vote of the voting members. The decision may:

affirm the determinations on findings and sanction(s) (if applicable);
affirm the determination on findings and modify but not eliminate the sanction(s); or
remand the case to the Disciplinary Committee for a new hearing.

The Dean of Students will send a written copy of the decision rendered by the Disciplinary Appeals Committee to the student no later than ten (10) business days after receiving the initial appeal documentation submitted by the student. Either the Disciplinary Appeals Committee or the student can delay this timeframe by mutual agreement. The decision of the Disciplinary Appeals Committee affirming the findings shall be final and conclusive, and the sanction(s) will be imposed as directed. If the case is remanded, the appropriate Disciplinary Procedures set forth in the Code shall apply. All decisions of the Disciplinary Appeals Committee are final.

Conduct Records

Student records shall reflect sanctions.
Minutes of the proceedings will be documented. A recording of the Hearing may also be made available if requested to the persons involved in the charges. Minutes will be filed in the Office of the Dean of Students and will remain confidential.
Conduct records related to an Informal Resolution are considered internal to the College but may be disclosed as part of the Disciplinary Procedures.
Conduct records where there is a finding of not responsible are considered internal to the College and are not disclosed as part of a student's or organization's conduct history.
Conduct records related to an individual student are protected and shall be maintained pursuant to the College's Record Retention Policy and applicable privacy laws, including limited exceptions that permit disclosure without a student's consent. Any portions of conduct records related to a student organization that do not contain identifiable student information are generally not protected from disclosure.
Students may review their conduct records in accordance with the College's Record Retention Policy.
Appropriate College Officials may be notified of any findings or sanction(s). A student organization's primary advisor and any parent organization staff may also be notified of any alleged violation(s), findings, or sanction(s).

Maintenance of Policy

The Code may be amended by the Dean of Students and President of the College immediately based on changes in applicable governing laws, regulations, or policies.

Directory of Contacts

Office of the Dean of Students
deanofstudents@escc.edu
334-347-2623 ext. 2235