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.