Due Process Guidelines

These guidelines are to accompany the BCC Student Code of Conduct Policy. It is the procedure for initiation of disciplinary procedures, the conduct of hearings and the appeals process. Additional copies of this can also be found in the office of the Dean of Student Affairs.

Initiation of Disciplinary Proceedings

• Any current employee or student of the College may file charges against any student of the College for misconduct. The charges shall be filed in writing with the Dean of Student Affairs or his/her designee, hereinafter referred to as Dean, within fifteen (15) college business days, from the time the person knew of, or should have known of, the alleged misconduct. In extraordinary circumstances, the Dean may suspend the student, pending consideration of the case.
• The Dean shall cause a preliminary investigation to be made for the purpose of ascertaining whether the charges may be disposed of informally without initiation of disciplinary proceedings. The student against whom the charges have been brought may, at his/her request, have the assistance of a faculty/staff advisor at the time of such investigation.
• If the Dean determines that the alleged misconduct requires the initiation of disciplinary proceedings under these rules, he/she shall appoint a Disciplinary Board, (referred to as the Board.) If the Dean decides that a letter of reprimand is sufficient, it may be sent without convening a meeting. The Board shall consist of two

  (2) professional staff /faculty members (unit and non-unit) and one (1) member of the student body. This Board shall elect its own chairperson.

• The Dean shall deliver to the student charged, or send by certified or registered mail, written copies of the charges, together with notice of the initiation of proceedings. A copy of the charges shall also be delivered to the Chairperson of the Board. Each of these notifications shall be made within ten (10) college business days of the charge being made.
• Within five (5) college business days after receipt of the charges and notice to the student against whom the charges are made, the student shall respond in writing to the Dean with a copy to the chairperson of the Board if he/she wishes to contest the charge. The chairperson of the Board may extend the time for such response.
• The chairperson of the Board shall set a time for the hearing, which shall normally be within five (5) college business days.

Conduct at Hearing

• A date for the hearing in a disciplinary proceeding shall be fixed by the Chairperson of the Board after consultation with the parties to the proceedings.
• The hearing shall not be restricted by the rules of procedure or evidence.
• Upon permission of all involved parties, hearings may be tape-recorded.
• The hearing shall be private unless otherwise requested by the student charged, but the person(s) initiating the complaint may not be excluded from the hearing. In hearings involving more than one student, in which one or more students, but not all, requests a public hearing, severance shall be allowed upon request.
• On behalf of the College, the charges and evidence shall be presented by a person designated by the Dean. The person so designated may have the aid of an advisor from the college community.
• A student charged with misconduct also has the right to be accompanied by an advisor from the college community and shall have access upon request to pertinent information that will be used by the person acting for the College.
• The Board may address questions to any party to the proceedings or to any witness called by the parties, or by the Board. Any party may request the privilege of presenting witnesses, subject to the right of cross- examination by the other parties and to questions from the Board. The Board may decide to limit the number of witnesses to be heard. The Board may also require documentation by records or by other exhibits. Witnesses may be present only during the time they are presenting information or are being cross-examined.
• No recommendation for the imposition of disciplinary penalties shall be based solely upon the failure of the student to attend the hearing. In any such case, the decision whether to reschedule the hearing or to proceed in the student's absence shall be left to the discretion of the Board.

• The chairperson of the Board shall make a report to the Dean and to the parties to the hearing, consisting of the statement of charges, a summation of the evidence presented, and the recommendations of the committee, including reasons therefore. This report shall be made within five (5) college business days following the conclusion of the hearing.
• The Dean shall, after reviewing the report and recommendations of the Board, make the decision and communicate the decision to the parties concerned within five (5) college business days after receiving the report.

Appeals

An appeal of the decision of the Dean may be made within seven (7) college business days to the President of the College. The decision of the President shall be disseminated in writing to the parties involved and shall be final and binding.