Student Code of Conduct Procedures

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

1. Classroom Management:  Each faculty member is responsible for managing classroom behaviors. In the event that a student engages in conduct during class that would constitute a violation of the Code of Conduct but that can be addressed within the classroom, the faculty member may impose class-based consequences. If a student’s behavior results in removal from the classroom, the faculty member must complete an Incident/Conduct Report and submit it to the Conduct Officer.
2. Referrals:  Any member of the DACC community may refer a student for behavior which the referring person believes violates the Code of Conduct. A person who wishes to make a referral should complete an Incident/Conduct Report and submit the Report to the Student Conduct Officer. Referrals should be submitted as soon as possible after the alleged incident takes place.
3. Upon receiving a referral the Student Conduct Officer may conduct an investigation to determine if the alleged misconduct violates the Code of Conduct.
   1. Alleged violations that may result in sanctions leading up to probation may be addressed through a Disciplinary Meeting conducted by the Student Conduct Officer
   2. Alleged violations that may result in sanctions greater than probation (i.e., suspension or expulsion) shall be addressed through a Disciplinary Meeting, followed by a Student Conduct Committee Hearing.
4. Disciplinary Meetings shall be conducted by the following procedures as stated below:
   1. The Respondent will receive written notice of the Disciplinary Hearing no later than three business days prior to the Meeting. Typically 2-3 Conduct Officers will be present.
   2. The Respondent 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 Respondent has violated the Student Code of Conduct and will provide the Respondent with written notice of the disciplinary determination.
5. Student Conduct Hearings shall be conducted by the following procedures as stated below:
   1. The Respondent and Reporting Party 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 Respondent, the Student Conduct Officer, at his/her discretion, may schedule joint or separate hearings for each Respondent. 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 person other than the Respondent, Complainant and their advisors (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, who may be but is not required to be an attorney.  The Complainant and Respondent must notify the College of the name of their chosen advisor at least 48 hours before the hearing takes place.  DACC has the right to have an attorney present at the hearing.  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 their own information, and therefore, advisors are not permitted to speak on behalf of a party 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 Officer. Questions may be suggested by the Complainant and/or Accused students to be answered by each other or by other witnesses. The questions will be directed to the Student Conduct Hearing Committee Chair who will pose the questions to the appropriate party. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. The Student Conduct Committee has the discretion to exclude questions that are irrelevant, harassing or otherwise inappropriate.
   9. Pertinent records, exhibits, and written statements may be accepted as information for consideration by the Student Conduct Committee.
   10. All procedural questions are subject to the final decision of the Student Conduct Hearing Committee.
   11. After the portion of the Student Conduct Hearing concludes in which all pertinent information has been received, the Student Conduct Hearing 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 Hearing Committee’s determination shall be made using a preponderance of the evidence standard, i.e., 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 Hearing Committee will determine if the information presented indicates the student has violated the Student Code of Conduct and, if it does, the Student Conduct Hearing Committee will make recommendations for sanctions.
   15. The Student Conduct Officer shall be responsible for ensuring that any disciplinary sanctions are implemented.
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 or Student Conduct hearing Committee to be appropriate.