Student Code of Conduct Procedures

Student Code of Conduct Procedures

The purpose of the procedures is to provide a fair evaluation of an accused student’s responsibilities for violating the DACC Student Code of Conduct.

  1. Classroom Management: Each faculty member is responsible for managing classroom behaviors. In the case a student’s misconduct violates the Code of Conduct a faculty member may impose sanctions. If the violation results in removal from the classroom or from the DACC campus, the faculty will first complete an Incident/Conduct Report, to ensure students will receive due process. The report will be submitted to the Conduct Officer.
  2. Referrals: Any member of the DACC community may refer a student for behavior which violates the Code of Conduct. The Incident/Conduct Report is to be completed and submitted to the Code of Conduct Officer. Referrals should be submitted as soon as possible after the event takes place.
  3. Upon receiving a referral the Student Conduct Officer may conduct an investigation to determine if the misconduct violates the Code of Conduct.

    1. Violations that may result in sanctions leading up to probation may be addressed through an informal Disciplinary Meeting conducted by the Student Conduct Officer
    2. Violations that may result in sanctions leading up to suspension shall be addressed through a formal Student Conduct Committee.
  4. Disciplinary Meetings shall be conducted by the following procedures as stated below:

    1. The student will receive written notice of the Disciplinary Hearing no later than three business days prior to the Hearing. Typically 2-3 Conduct Officers will be present.
    2. The student will have the opportunity to hear and address the information gathered during the investigation.
    3. The Student Conduct Officer will determine if the information presented indicates the student has violated the Student Code of Conduct.
  5. Student Conduct Hearings shall be conducted by the following procedures as stated below:

    1. All parties will receive written notice of the Student Conduct Hearing no later than three business days prior to the hearing.
    2. The Student Conduct Hearings normally shall be conducted in private.
    3. There shall be a verbatim record, such as written notes or tape recording, of all Student Conduct Hearings (not including deliberations). Deliberations shall not be recorded. The record shall be the property of DACC.
    4. When Student Conduct Hearings involve more than one student, the Student Conduct Officer, at his/her discretion, may schedule joint or separate hearings for each student accused. In some instances, the Student Conduct Committee may choose to keep the complainant and accused in separate locations during the hearing. Technology will be used to facilitate the hearing processes.
    5. Admission of any other person, besides the complainant’s and/or respondent’s advisor (see explanation below), shall be at the discretion of the Student Conduct Committee and/or the Student Conduct Officer.
    6. The Complainant and the Accused have the right to be assisted by an advisor they choose. The advisor should be a member of the DACC community. If the advisor is not a member of the DACC community or an attorney, the College must be notified 48 hours before the hearing takes place. DACC also has the right to have an attorney present if the complainant or accused has determined their advisor is one too. When selecting an advisor, students should select a person whose schedule allows for attendance at the scheduled date and time for the Student Conduct hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor.
    7. Both parties are responsible for presenting his/her own information, and therefore, advisors are not permitted to speak or to participate directly in any Conduct Hearings.
    8. The Complainant, the Accused, and the Student Conduct Officer may arrange for witnesses to present pertinent information at the hearing. The Student Conduct Officer will try to arrange the attendance of the witnesses named if reasonably possible, at least two weekdays prior to the Student Conduct Hearing. Witnesses will provide information to and answer questions from the Student Conduct Committee. Questions may be suggested by the Complainant and/or Accused students to be answered by each other or by other witnesses. This will be conducted by the Student Conduct Committee with such questions directed to the Student Conduct Officer, rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved at the discretion of the Student Conduct Officer.
    9. Pertinent records, exhibits, and written statements may be accepted as information for consideration by the Student Conduct Committee at the discretion of the Student Conduct Officer. 
    10. All procedural questions are subject to the final decision of the Student Conduct Officer.
    11. After the portion of the Student Conduct Hearing concludes in which all pertinent information has been received, the Student Conduct Committee shall determine whether the Accused has violated each section of the Student Code of Conduct which the student is charged with violating.
    12. The Student Conduct Committee’s determination shall be made on the basis of whether it is more likely than not that the Accused violated the Student Code of Conduct.
    13. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Conduct Hearing proceedings.
    14. The Student Conduct Committee will determine if the information presented indicates the student has violated the Student Code of Conduct and make recommendations for sanctions.
    15. Sanctions will be imposed by the Student Conduct Officer.
  6. If the Accused student, with notice, does not appear before a Disciplinary Meeting or Student Conduct Hearing, the information in support of the referrals shall be presented even if the Accused is not present.
  7. The Student Conduct Hearing process will accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, the Accused, and/or other witness during the hearing by providing separate facilities, by using a screen, and/or permitting participation by telephone, videotape, audio tape, written statement, or other means, where and as determined by the sole judgment of the Student Conduct Officer to be appropriate.
  8. When a student believes that s/he has been a victim of another student’s misconduct, the student who believes s/he has been a victim will have the same rights under this Student Code of Conduct as are provided to the Complainant, even if another member of the DACC community submitted the referral itself.