Procedures For Conduct Review Hearings

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Procedures For Conduct Review Hearings

Kansas City Kansas Community College Conduct Review Hearings are to be conducted so as to insure all possible fairness to the student(s) charged with violations of the Code of Student Conduct. Formal rules of evidence are not to be applied. The Dean of Student Services or his/her designee serves as the Campus Judicial Officer in Conduct Review Hearings. The Campus Judicial Officer may issue sanctions other than suspension from the College, or expulsion from the College from informal meetings or procedures. The following guidelines apply where the sanction is likely to include suspension or expulsion from college.

  1. Student’s Rights
    1. Notice: A student has the right to written notification of the hearing. This notice will include date, time, and place of hearing, a summary of evidence, and the charges being brought against the student.

    2. Preparation: A student is given time to prepare for a hearing. The hearing shall occur no sooner than seven (7) working days and no later than twenty (20) working days from the time of official notification. This time period may be waived by the Campus Judicial Officer if there are extenuating circumstances.

    3. Hearing Testimony: Except as outlined below, a student has a right to review all testimony presented against that student. The student then has the right to examine the witnesses, present evidence, and present witnesses in his/her behalf. The student(s) charged may be present throughout the hearing except during deliberations.

      SPECIAL CIRCUMSTANCES FOR THREATS, INTIMIDATIONS OR SEXUAL ASSAULTS, BATTERIES, OR OTHER MISCONDUCT: The Dean of Student Services may, at his/ her option, suspend the privilege of the accused to directly confront witnesses where the Campus Judicial Officer has reason to believe that a victim or witness may be threatened by such interaction.

      Students charged with violations of the Code of Student Conduct must provide the Campus Judicial Officer at least 48 hours in advance of the hearing, the names, addresses, and telephone numbers of all potential witnesses. The Campus Judicial Officer may contact witnesses in advance and may request a summary of the relevance of their testimony.

    4. Requesting Postponement: Approval for postponement of a hearing may be granted by the Campus Judicial Officer. Students wishing a postponement must apply for said postponement in writing within three days of the date of notification. In cases where a postponement is granted, the length of the postponement shall be a reasonable time as determined by the Campus Judicial Officer.

    5. Remaining silent during Hearing: The student(s) charged may be questioned only if he/she testifies in his/her own behalf. Examination of witnesses by the person charged does not constitute testimony on his/her own behalf.

    6. Presence of an “Advisor” from the College Community: The student may have an advisor from KCKCC present. The role of the advisor is limited to advising students. The advisor may not directly question witnesses or the Campus Judicial Officer. Students who wish to have an advisor present must notify the Campus Judicial officer in writing at least 72 hours in advance. Such notice must include the name and address of the advisor as well as an authorization for the College to release information to the advisor. Should the advisor interfere with the procedure of the Conduct Review Hearing, the College reserves the right to exclude person from the hearing. Neither the student nor the college will be allowed legal counsel representation during the hearing.

    7. Decision Appeals: An appeal of a Conduct Review Hearing decision shall be made to the Provost in writing within seven (7) working days after the decision. The appeal must be based on one or more of the following:
      1. the severity of the sanction, i.e., expulsion or suspension;
      2. procedural irregularities in the original hearing.

  1. College’S Rights
    1. Charges: The College reserves the right to charge students with violations of the Code of Student Conduct. Such violation may include behavior which occurs on any KCKCC owned or operated facilities or college sponsored trip.

    2. Immediate Suspension: The College reserves the right to immediately suspend a student(s) for violations of the Code of Student Conduct for a period of three to five working days pending an investigation of the violation(s) by the Campus Judicial Officer.

    3. Record: The College reserves the right to record, if necessary, the hearing and keep records on file.

    4. Closed Hearings: The College reserves the right to conduct Review Hearings closed to anyone other than persons approved by the Campus Judicial Officer.

    5. Student Absence: The College reserves the right to hold hearings without the charged student(s) present or to issue summary judgments if, after proper notice, the student(s) fails to appear at the time of the hearing or otherwise waived their right to a hearing.

    6. Witnesses: The College shall have the right to call witnesses and present evidence.

    7. Prior Restrictions: The College reserves the right to implement any student sanction or restriction of records on an interim basis prior to a hearing where such action is deemed necessary by the Campus Judicial Officer.

    8. Presence of Victims: The College reserves the right to allow alleged victims to be present throughout the hearing.

    9. Special Procedures: The College reserves the right to implement reasonable procedures to protect the rights of alleged victims and to ensure orderly hearings.

  1. Sanctions
    2. Various sanctions may be levied for violations of the Code of Student Conduct. These sanctions are outlined below. Certain sanctions may affect the permanent records of the students involved. If so, students will be notified of this at the time of their hearing, or at the time when sanctions are imposed. The following sanctions may be imposed in combination with one another. Sanctions may be in force for various lengths of time as determined by the Campus Judicial Officer.
    1. ADMONITION: An oral statement that a student or group is violating or has violated the Code of Student Conduct, and that further instances of misconduct may result in additional disciplinary action.

    2. LETTER OF APOLOGY: A requirement may be made for a formal letter of apology, either public or private, to an individual, an outside agency, or to the College.

    3. WRITTEN WARNING: A written warning to the student filed with the Campus Judicial Officer noting that further violations may result in additional disciplinary action.

    4. RESTRICTIONS AND REQUIREMENTS: This sanction may involve specified conditions to be performed or completed at the expense of the student including, but not limited to:
      1. Removal from and/or restriction of access to specified facilities.
      2. Loss of privilege, including, but not limited to loss of:
        • Participation in and/or attendance at any or all public events sponsored by the College.
        • Representation of the College in a specified capacity.
        • The right to hold office in any or all approved organizations.
      3. Institutional employment termination.
      4. Required attendance at meetings and/or completion of projects.
      5. Required participation in certain groups and/or programs.
      6. A requirement of a counseling assessment or a recommendation for counseling.

    5. RESTITUTION: A full and complete reimbursement for damage, destruction, or misappropriation of the property of Kansas City Kansas Community College. This restitution may take the form of appropriate service, financial payment, or other compensation. Failure to make arrangements for restitution within the specified time may result in further sanctions.

    6. COMMUNITY SERVICE WORK: A student may be required to complete work projects to improve the College or the community.

    7. FREEZE ON STUDENT RECORDS: The College reserves the right to freeze student records based on behavioral misconduct or failure to pay bills due to the College. Under such conditions, students may be prevented from registering for courses, receiving grades, copying or transferring transcripts, or participating in other campus activities.

    8. CAMPUS-WIDE PROBATION: This is a serious formal final warning that a student’s behavior has not conformed to the expectations of the academic community. Placement on a probationary status shall be for a specified period of time. Placement on probation includes the probability of more severe disciplinary sanctions if the student is found to be in violation of any institutional regulations during the designated period of time. Placement on probation may include requirements for other activities or restrictions.

    9. LOSS OF PRIVILEGES: Specified privileges may be denied or restricted for a designated period of time.

    10. TEAM, CLUB, OR ACTIVITY SUSPENSION: Students on college sponsored trips are stilL representing the college and must adhere to the Student Code of Conduct. Coaches, club sponsors, and activity directors may establish and publish rules specific to their team, club, or activity. These specific rules are in addition to the Student Code of Conduct.

      The Athletic Director may invoke temporary suspension from any athletic team. In such cases, written reports must be filed with the Dean of Students Services within three (3) working days. Club sponsors or activity directors may invoke temporary suspension from clubs or activities in accordance with established guidelines. In such cases, written reports must be filed with the Dean of Student Services within three (3) working days. Team, club, or activity suspensions, which exceed two weeks, may lead to cancellation of scholarships as outlined below. Any suspension from a team, club, or activity, which exceeds two weeks, must be approved by the Dean of Student Services. In cases where the suspension may affect a student’s class grade; the student may appeal the grading decision to the Academic Dean of a Division under established procedures for grade appeals.

    11. CANCELLATION OF SCHOLARSHIPS: The awarding of institutional scholarships and other types of institutional aid is predicated on the assumption that students are in good standing. In addition, some scholarships carry with them certain behavioral activity expectations. Kansas City Kansas Community College reserves the right to cancel any and all institutional aid as part of any sanction for violation of the Code of Student Conduct or for lack of fulfillment of activity expectations. Such cancellations must be approved by the Dean of Student Services, Provost, or the President.

    12. SUSPENSION FROM THE COLLEGE: This is a termination of a student’s enrollment in and association with Kansas City Kansas Community College for a specified period of time. A permanent notation is placed on the student’s record as recorded in the Office of Student Services and in the Registrar’s Office. In cases of serious misconduct leading to suspension, a student’s records are frozen and may not be copied, transcribed, or transferred for external parties or institutions during the suspension period.

    13. EXPULSION FROM THE COLLEGE: This is a permanent severance of a student’s enrollment in and association with Kansas City Kansas Community College. A permanent notation is on the student’s record. The records of expelled students are frozen and may not be copied, transcribed, or transferred for external parties or institutions for a period of three (3) years.