Interim Suspension; Appeals; Interpretation, Revision, and File Maintenance; Retaliation is Strictly Prohibited

Interim Suspension; Appeals; Interpretation, Revision, and File Maintenance; Retaliation is Strictly Prohibited

Interim Suspension

In certain circumstances, the Student Conduct Officer, or a designee, may impose a suspension prior to holding a Student Conduct Hearing.

  1. Interim suspensions may be imposed only: 1) to ensure the safety and well-being of members of the DACC community or preservation of DACC property; 2) to ensure the student’s own physical or emotional safety and well-being; or 3) if the student poses an ongoing threat of disruption of, interference with, the normal operation of DACC.
  2. During the interim suspension, a student shall be denied access to the campus (including classes) and/or all other DACC activities or privileges for which the student might otherwise be eligible, as the Student Conduct Officer, or designee, may determine to be appropriate.
  3. The interim suspension does not replace the regular process, which shall proceed on the normal schedule, up to and through a Student Conduct Hearing, if required.

Appeals

  1. A decision reached by the Student Conduct Hearing or a sanction imposed by the Student Conduct Officer may be appealed by the Accused Student(s) or Complainant(s) to the Vice President of Instruction & Student Services within seven (7) days of the decision. Such appeals shall be in writing and shall be delivered to the Vice President of Instruction & Student Services.
  2. Except as required to explain the basis of new information, an appeal shall be limited to a review of the verbatim record of the Student Conduct Hearing and supporting documents for one or more of the following purposes:

    1. To determine whether the Student Conduct Hearing was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the Student Code was violated, and giving a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
    2. To determine whether the decision reached regarding the accused student was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Student Code occurred.
    3. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Code of Conduct which the student was found to have committed.
    4. To consider new information, sufficient to alter a decision or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original Student Conduct Hearing.
  3. If an appeal is upheld by the Vice President of Instruction and Student Services, the matter shall be returned to the original Student Conduct Committee and Student Conduct Officer to allow reconsideration of the original determination and/or sanction(s). If an appeal is not upheld, the matter shall be considered final and binding upon all involved.

Interpretation, Revision, and File Maintenance

  1. Any question of interpretation or application of the Student Code of Conduct shall be referred to the Dean of Student Services or the Vice President of Instruction and Student Services
  2. The Student Code of Conduct shall be reviewed every five years under the direction of the Dean of Student Services and the Vice President of Instruction and Student Services.
  3. As educational records all documents related to Student Conduct investigations and/or hearings will be maintained according to DACC Board Policies and FERPA.

Retaliation is Strictly Prohibited

The initiation of a complaint will not result in retaliation, bias, or intimidation against the complainant or any witnesses involved in any investigation. An individual found to have engaged in retaliation, bias, or intimidation prohibited by this policy, shall be subject to discipline according to the DACC Student Code of Conduct or the DACC Board of Trustees Policies & Procedures.