3.00A - Student Code of Conduct Procedure

Purpose

Kansas City Kansas Community College Conduct Review Process is implemented to ensure that students charged with a violation of the Student Code of Conduct are treated fairly and afforded their full rights of due process. As this process is implemented by an educational institution, formal rules of evidence and other civil or criminal procedures may not apply. The Dean of Student Services or their designee serves as the Campus Judicial Officer in the conduct review process. The Campus Judicial Officer may issue sanctions based on the preponderance of evidence standard for investigating allegations of sexual harassment or violence.

The following guidelines apply to alleged violations of the Student Code of Conduct:

Written Notice: In accordance with due process, a student has the right to receive notification of all alleged violations of the Student Code of Conduct, along with pertinent details.  This notice will include date, time, place of the disciplinary meeting or request for a meeting, and a summary of the allegations. If the student wishes to postpone the meeting, they need to request postponement no later than 48 hours prior to the meeting.

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

Review of Testimony and Statements: In order to prepare for the disciplinary meeting, a student has a right to review all testimony presented against that student. The student then has the right to examine all statements made by accusing parties or witnesses, and present witness statements in his/her behalf.

Disciplinary Meeting: The student(s) charged will be given full opportunity to speak on their behalf in a fair and unbiased atmosphere. Although included in the preparation stage, the student may re-examine all statements and documentation describing the allegations brought forth and explain all written statements in his/ her behalf. If requested, the Campus Judicial Officer may interview any individual that the student feels may provide relevant information regarding the allegations.

Presence of an “Advisor”: The student may have an advisor present at the disciplinary meeting or any time the student is required to attend a meeting. The role of the advisor is to primarily to support the student. Given that the purpose of the disciplinary meeting is to allow the student to speak on his/her behalf, the advisor’s role is limited. Assisting the student in accurately responding to the allegations is allowed, but not to the degree of interrupting or interfering with the disciplinary meeting. Student wishing to have an advisor present must notify the Campus Judicial Officer within 72 hours of the meeting. Kansas City Kansas Community College reserves the right to remove an advisor from the proceeding for intimidating, offensive or disruptive behavior.

Decision Appeals: An appeal of a Campus Judicial Officer’s decision may be made to the Vice President of Student Affairs in writing within seven (7) working days after the decision. The reasons for the appeal must be restricted to the basis (reasons) for the decision of the Campus Judicial Officer, or procedural irregularities that occurred prior to, and during, the disciplinary meeting.

Disciplinary Actions:

Charges: The College has the right to request the presence of a student at a disciplinary meeting due to alleged violations of the Student Code of Conduct. Such violation may include behavior which occurs on any KCKCC owned or leased property or college sponsored trip.

Interim Suspension: The College reserves the right to immediately suspend a student(s), and remove that student(s) from property owned or leased by the College, when the student’s behavior poses a significant danger to themselves or others, and/or there is reasonable cause to believe that such an interim suspension is required to protect lives or property and to insure the maintenance of order. At a future date, the student may be allowed to return to campus for a disciplinary meeting to speak on their behalf.

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

Student Absence: The College reserves the right to hold a disciplinary meeting without the student(s) present or to issue summary judgments if, after proper notice, the student(s) fails to appear at the time of the hearing, if the Judicial Officer is unable to reach the student, or the student(s) waived their right to receive due process.

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.

Statements of Allegations: The College has the right to review all written statements, and interview witnesses and alleged victims, for the purposes of determining if a violation of the Student Code of Conduct has occurred.

Special Procedures: The College reserves the right to implement reasonable action(s) to protect the rights of either or both the Claimant and Respondent to ensure orderly disciplinary procedures or to prevent potential retaliation.

Sanctions:

The following sanctions may be imposed by the College, and may be enforced for various lengths of time as determined by the Dean of Student Services or his/her designee:

• Verbal Warning: An oral statement that a student or group is violating or has violated the Student Code of Conduct, and that further instances of misconduct may result in additional disciplinary action.
• Written Warning: A written warning to the student filed with the Campus Judicial Officer noting that further violations may result in additional disciplinary action.
• 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.
• Restrictions and Requirements: This sanction may involve specified conditions to be restricted, such as loss of privileges, participation in and/or attendance at college sponsored events, required attendance at a counseling assessment or recommendation for counseling, required additional education/training required community service, or College employment termination.
• Restitution: A full and complete reimbursement for damage, destruction, or misappropriation of the property owned or leased by 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.
• Hold on Student Records: The College reserves the right to place a hold on 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.
• Campus-Wide Probation: This is a serious formal action 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.
• 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 for any athletic team or student(s) who tests positive for drugs during random drug testing. In such cases, written reports must be filed with the Dean of Student Services within three (3) working days. Club sponsors or activity directors may invoke temporary suspension from clubs or activities in accordance with established guidelines. Team, club, or activity suspensions, which exceed two weeks, may lead to cancellation of scholarships as outlined below. Such action 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.
• 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 a violation of the Student Code of Conduct or for lack of fulfillment of activity expectations. Such cancellations must be approved by the Dean of Student Services, appropriate Vice President, or the President.
• 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 record is placed on hold and may not be copied, transcribed, or transferred for external parties or institutions during the suspension period.
• 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 placed on hold and may not be copied, transcribed, or transferred for external parties or institutions for a period of three (3) years.

If the Dean of Student Services elects to impose disciplinary action against a student, he/she will be informed in writing of the nature and terms of such disciplinary action and will be further advised of the right to appeal the decision using the following procedures.

• The student may appeal the decision of the Dean of Student Services to the Vice President of Student Affairs.
• If a student chooses to appeal a disciplinary decision, he/she must deliver a written appeal to the office of the Vice President of Student Affairs within seven (7) working days of the date on the notice of the disciplinary action. Failure to do so by the student will be deemed as a waiver of the student’s right to appeal, and the decision will be final.
• The written appeal shall state the reasons that the student believes the decision of the Dean of Student Services should be modified or reversed. For the purpose of this procedure, a "working day" shall be a weekday during which regular classes are being held at the College.
• Within seven (7) working days of the date that the notice of appeal is received, the Vice President of Student Affairs shall notify the student in writing of the time, date, and place of the appeal proceeding.
• The appeal proceeding shall be held not less than seven (7) working days after the date that the Vice President of Student Affairs sends the appeal notice.

The student and the administration shall have the following rights during the proceeding:

• To hear or read a full report of the testimony of the other party’s witnesses.
• To present witnesses in person or to present their testimony by sworn affidavit.
• To testify and give reasons supporting their respective positions.
• To have the proceeding conducted in an orderly manner.
• To have the Vice President of Student Affairs render a fair and impartial decision based upon substantial evidence presented at the proceeding.
• The proceeding shall not be open to the public.

After the proceeding, the Vice President of Student Affairs shall prepare a written decision affirming, modifying, or reversing the Dean of Student Service’s decision and summarizing the evidence supporting their decision. The decision shall be mailed and emailed to the student no later than seven (7) working days after the close of the proceeding.

Note: At the discretion of Vice President of Student Affairs, a Campus Appeal Board may be convened, comprised of the following members:

• Two faculty representing Faculty Senate
• Two staff representing Staff Senate

These individuals are trained on all measures of due process and disciplinary procedures.

Once the hearing is conducted by the Campus Appeal Board, a written recommendation is submitted, affirming, modifying, or reversing the Dean of Student Services decision and summarizing the evidence supporting its decision. It is then the responsibility of the Vice President of Student Affairs to make a final determination of the status of the appeal.

If either party is dissatisfied with the decision of the Vice President of Student Affairs, that decision may be appealed to the College President. Such appeal must be made in writing within seven (7) working days of the day the Vice President of Student Affairs decision was mailed to the student.

The President will follow the same procedure utilized by Vice President of Student Affairs. The President's decision shall be rendered within seven (7) working days. The President's decision shall be final.

Unless appealed, any disciplinary action imposed by the Dean of Student Services shall become effective as of the date that the time to file an appeal to the Vice President of Student Affairs has expired.

The College reserves the right to exclude from campus any person whom it reasonably believes poses a threat to the safety of any other person on campus.

 If the student appeals to the Vice President of Student Affairs, the effective date of any disciplinary action will be the date after the Vice President of Student Affairs issues his/her decision. An appeal to the President shall not alter the effective date of any disciplinary action imposed by the Vice President of Student Affairs.