Student Code of Conduct and Grievance Procedures
Upon enrolling at the college, you assume an obligation to
conduct yourself in a manner compatible with the college's function as a public
educational institution. CCA expects each student to obey federal, state, and
municipal laws as well as college regulations. In addition, students must
adhere to the State Board for Community Colleges and Occupational Education
Board Policies, the Colorado Community College System President’s Procedures,
and the CCA Student Code of Conduct explained below.
Any act which interferes with the learning process, rights
of others, disrupts or impairs the normal functioning of the college, damages
or destroys property, or impairs health or safety is grounds for disciplinary
action. Conduct that violates student rights and freedoms and is subject to
disciplinary action includes, but is not limited to:
1. Disruptive Behavior: Engaging in any
disruptive behavior that negatively affects or impedes teaching or learning
(regardless of mode of delivery or class setting); or disrupts the general
operation of the college.
2. Deceitful Acts: Engaging in deceitful
acts, including, but not limited to: forgery, falsification, alteration,
misrepresentation, non-disclosure, or misuse of documents, records,
identification and/or educational materials.
3. Conduct that is Detrimental to College or
to Safety: Conduct that is deemed detrimental, harmful and/or damaging to
the college and/or that jeopardizes the safety of others as determined by the
Chief Student Affairs Officer (CSAO) or designee. Examples include, but are not limited to,
slamming doors, throwing chairs, and/or defacing of college property, or
property of others.
4. Physical/Non-physical Abuse:
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Physical abuse or conduct that threatens or endangers another person’s health or safety.
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Non-physical abuse, threats, intimidation, coercion, influence, or any unwelcome conduct in any form that is sufficiently severe, pervasive or persistent that it alters the conditions of the learning environment or employment.
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Knowingly falsifying, publishing or distributing, in any form, material that tends to impeach the honesty, integrity, virtue or reputation of another person.
5. Harassment and/or Discrimination:
Discrimination or harassment on the basis of sex/gender, race, color, age,
creed, national or ethnic origin, physical or mental disability, veteran
status, pregnancy status, religion or sexual orientation.
6. Sexual Misconduct: Sexual Misconduct
offenses include, but are not limited to Sexual Harassment, Non-Consensual
Sexual Contact (or attempts to commit same), Non-Consensual Sexual Intercourse
(or attempts to commit same), and/or Sexual Exploitation. (See SP 4-120a for more information:
http://www.cccs.edu/SBCCOE/Policies/SP/PDF/SP4-120a.pdf)
7. Weapons: Possession or distribution of
any unauthorized firearms, ammunition, explosives, fireworks and/or other
dangerous weapons (or chemicals/flammable liquids) or use/threat of use of any
instrument (including, but not limited to paint ball guns, pellet guns, air
soft guns, bow and arrows, knives) as a weapon to intimidate, harass, or cause
harm to others.
8. Narcotics/Alcohol: Use, being under the
influence, manufacturing, possession, cultivating distribution, purchase, or
sale of alcohol and/or drugs (illegal and/or dangerous or controlled substance)
and/or alcohol/drug paraphernalia while on college owned or college controlled
property, and/or at any function authorized or supervised by the college and/or
in state owned or leased vehicles. Note:
Although possession and use of marijuana consistent with the requirements of
the Colorado Constitution is no longer a crime in the State of Colorado, the
possession and use of marijuana remains illegal under federal law. Consistent
with federal law, including the Controlled Substances Act and the Drug Free
Schools and Communities Act, the use and/or possession of marijuana continues
to be prohibited while a student is on college owned or college controlled
property, and/or any function authorized or supervised by the college and/or in
state owned or leased vehicles.
9. Dress Code: Dress or personal hygiene
that fails to meet the established safety or health standards of specific
classes or activities offered by the college.
10. Leaving Children Unattended: Leaving children unattended or unsupervised
in campus buildings or on campus grounds unless enrolled or participating in
authorized campus activities.
11. Violation of Laws, Directives, and Signage:
• Violations of
any municipal, county, state or federal law that adversely impacts the
conditions of the educational or employment environment. Violations of college
traffic and parking rules, regulations, or signage.
• Damage to or
falsely using fire alarms and/or fire extinguishers.
• Creating an
intentional obstruction that unreasonably interferes with freedom of movement,
either pedestrian or vehicular. This
includes, but is not limited to leading or inciting disruption to college
activities.
• Failure to
comply with the lawful directives of College employees acting within the scope
of their duties, including those directives issued by a College administrator
to ensure the safety and wellbeing of others.
• Violations of
college policies, protocols, procedures or signage.
12. Illegal Gambling: Participation in
illegal gambling activities on college owned or college controlled property,
and/or any function authorized or supervised by the college and/or in state
owned or leased vehicles.
13. Unauthorized Entry and/or Unauthorized
Possession: Entry into, or use of any building, room, or other
college-owned or college-controlled property, grounds, or activities without
authorized approval. This also includes,
but is not limited to the unauthorized possession, duplication or use of
college keys, lock combinations, access codes, and access cards and/or
credentials and/or propping open or tampering with doors/windows.
14. Unacceptable Use of College Equipment,
Network or System: Unacceptable uses of any college-owned or operated
equipment, network or system including, but not limited to: knowingly spreading
computer viruses; reposting personal communications without author’s consent;
copying protected materials; using the network for financial or personal gain,
commercial activity, or illegal activity; accessing the network using another
individual’s account; unauthorized downloading/uploading software and/or
digital video or music; downloading/uploading, viewing or displaying
pornographic content, or any other attempt to compromise network integrity.
15. Unauthorized Pets/Animals: Possession
of any unauthorized pet or animal, excluding trained service animals while on
college-owned or college-controlled property.
16. Tampering with Student Organization,
Election, or Vote: Tampering with the process of any college recognized
student organization, election or vote.
17. Group or Organization Conduct: Students
who are members of a college recognized student organization or group and
commit a violation of SCOC may be accountable both as an individual and as a
member of the student organization.
18. Abuse of the Student Disciplinary and/or
Grievance Procedure: Abuse of the Student Disciplinary and/or Grievance
Procedure includes, but is not limited to the following:
• Disruption or interference with the orderly conduct of the student disciplinary / grievance procedure.
• Falsification, distortion, or misrepresentation, or knowingly pursuing malicious, frivolous, or fraudulent charges.
• Attempting to discourage an individual’s proper participation in, or use of, the student disciplinary / grievance procedure.
• Attempting to influence the impartiality of a participant and/or the student disciplinary / grievance procedure.
• Harassment (verbal or physical) and/or intimidation of a participant in the student disciplinary / grievance procedure.
• Failure to comply with directives and/or sanctions imposed under student disciplinary / grievance procedure.
• Influencing or attempting to influence another person to commit an abuse of the student disciplinary / grievance procedure.
• Engaging in retaliatory acts in any form against any person or person(s) involved in the student disciplinary / grievance procedure
19. Unauthorized Entry into College Events:
Entering or attempting to enter any college-sponsored activity without proper
credentials for admission.
Please note: In
most circumstances, the college will treat attempts to commit code of conduct
violations as if those attempts had been completed.
Violations of the above may result in, but are not limited
to fines, restitution, community service, and/or disciplinary procedures.
Code of Conduct: A
document developed and published by each college which defines prescribed
conduct of students.
Chief Student Affairs Officer (CSAO): The individual designated by the college
president to administer student affairs and be responsible for administering
the College’s Student Conduct Code and this procedure. The CSAO may delegate
student discipline to another individual (designee).
Title IX Coordinator(s) and Title VI and VII
Coordinator(s) (EO Coordinator) is the employee(s) designated by the college
president to oversee all civil rights complaints.
Notice: Notices
which are required to be given by this procedure shall be considered served
upon the student when given by personal delivery, mailing by certified mail, or
emailing the student to their official college email address requesting a
delivery receipt notification. If notice
is mailed, student shall be given three (3) additional days to respond.
Day: Refers to
calendar day unless otherwise noted below.
Sanctions: One or
more of the following may be imposed when there is a finding that a student has
violated the College’s Code of Conduct.
1. Warning: A Notice served upon the student advising them
that they are violating or has violated College regulations.
2. Probation: After a finding of violation of the Code of
Conduct, restriction of student’s privileges for a designated period of time
including the probability of more severe disciplinary sanctions if the student
is found to be violating any College regulations during the probationary
period.
3. Other
disciplinary sanction: fines,
restitution, denial of privileges, assignment to perform services for the
benefit of the college or community; or other sanction that doesn’t result in
the student being denied the right of attending classes.
4. College suspension
or expulsion: An involuntary separation
of the student from the College for misconduct not based on academic
performance for a specified period of time.
• Suspension is a
separation that shall not exceed three academic terms per suspension for any
singular offense or situation. While a
student is suspended, they are not eligible for admission or re-admission at
any of the community colleges within CCCS.
Once the suspension is lifted the student is eligible for admission or
re-admission.
• Examples of
suspension include, but are not limited to the following: the college, a department or program, a
class, residence hall, use of a college facility or an activity.
• Students may be
suspended from one class period by the responsible faculty member or adjunct
instructor. Longer suspensions can only
be implemented by the CSAO or designee in accordance with this procedure.
• Expulsion is an
indefinite separation from the college.
The student is not eligible for admission or re-admission at any of the
community colleges within CCCS. In exceptional cases where a student wants to
be considered for admission or re-admission after an expulsion has been
implemented, the student bears the burden to prove the behavior that resulted
in the expulsion has been resolved. It is within the college’s discretion to
admit or deny the student.
5. Interim
Suspension: An immediate action taken by
the CSAO to ensure the safety and well-being of members of the college
community; preservation of college property; or if the student poses a definite
threat of disruption or interference to others or the normal operations of the
college. In the event of an interim
suspension, the hearing before the CSAO or designee shall occur as soon as
possible following the interim suspension. If the college issues a permanent
sanction, the student shall be afforded appeal rights as discussed below. If the college does not implement a permanent
sanction, the interim suspension will be removed from the student’s
record.
Procedures
Decision
The CSAO or designee shall receive all allegations of
student misconduct and investigate the complaints, which includes meeting with
the student to give them the opportunity to respond to the allegations of
misconduct. If the allegations of
misconduct are discrimination and/or harassment based on federal or state civil
rights laws, the college will investigate those incidents through the Civil
Rights Grievance and Investigation Process, System President’s Procedure (SP)
4-31a.
Once the investigation is complete, either through this
process or the Civil Rights Grievance and Investigation process, the CSAO or
designee shall render a sanction decision.
The CSAO or designee may decide that the charges can be
disposed of administratively by mutual consent of the parties involved on a
basis acceptable to them. If an
administrative resolution is not achieved, the CSAO or designee shall issue a
decision which determines whether the alleged conduct occurred; whether the
conduct violated the Code of Conduct or College procedures; and impose a
sanction(s) if appropriate. The student shall receive written notice of the
decision and be advised of their right to appeal the Decision, subject to the
grounds below, by filing a written appeal with the CSAO or designee within seven
(7) days of service of the Decision.
Appeal
In the event of an appeal, the CSAO or designee shall give
written notice to the other party (e.g., if the accused student appeals, the
appeal is shared with the complainant who may also wish to file a response),
and then the CSAO or designee will draft a response memorandum (also shared
with all parties). All appeals and
responses are then forwarded to the appeals officer or committee for initial
review to determine if the appeal meets the limited grounds and is timely. The original finding and sanction will stand
if the appeal is not timely or substantively eligible, and the decision is
final. If the appeal has standing, the
documentation is forwarded for consideration.
Because the original finding and sanction are presumed to have been
decided reasonably and appropriately, the party appealing the decision must
specifically cite the error(s) in the original determination on which the
appeal is based. The ONLY grounds for
appeal are as follows:
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A material procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures); which must be explained in the written appeal; or
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To consider new evidence, unavailable during the investigation or hearing that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included in the written appeal, as well as the reasons the new evidence was not available during the original proceeding.
If the appeals officer or committee determines that a
material procedural or substantive error occurred, it may return the complaint
to the CSAO or designee with instructions to reconvene to cure the error. In rare cases, where the procedural or
substantive error cannot be cured by the CSAO or designee in cases of bias, the
appeals officer or committee may order a new hearing be held by a different
individual acting in the place of the designated CSAO or designee. The results of a reconvened hearing cannot be
appealed. The results of a new hearing
can be appealed, once, on the two applicable grounds for appeals.
If the appeals officer or committee determines that new
evidence should be considered, it will return the complaint to the CSAO or
designee to reconsider in light of the new evidence, only. If the subject matter pertains to
discrimination and/or harassment pursuant to SP 4-31a, the appeals officer or
committee will return the complaint to the Title IX/EO Coordinator to
reconsider in light of the new evidence, only.
The reconsideration of the CSAO, designee, or Title IX/EO Coordinator is
not appealable.
The procedures governing the hearing of appeals include
the following:
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All parties should be timely informed of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision;
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If the appeals officer or committee determines there is new evidence or error in the original proceeding, every opportunity to return the appeal to the CSAO or designee for reconsideration (remand) should be pursued;
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Appeals are not intended to be full rehearings of the complaint (de novo). In most cases, appeals are confined to a review of the written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal;
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An appeal is not an opportunity for an appeals officer or committee to substitute their judgment for that of the CSAO or designee merely because they disagree with its finding and/or sanctions.
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Appeals decisions are to be deferential to the original decision, making changes to the findings only where there is clear error and a compelling justification to do so.
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Sanctions imposed are implemented immediately unless the CSAO or designee stays their implementation in extraordinary circumstances, pending the outcome of the appeal.
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The appeals officer or committee will render a written decision on the appeal to all parties within four (4) days from receiving the appeal request. The committee’s decision to deny appeal requests is final.
Special Discipline Process Provisions
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In the event that the student is under the age of eighteen or incapacitated, they may have an advisor present to assist them in presenting their case.
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Students do not have the right to be represented by an attorney or law student during these proceedings except in the case where civil or criminal actions concerning the student are pending and in that case the attorney’s role shall be advisory only.
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The student is responsible for presenting their own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing except when the student is under the age of eighteen or incapacitated.
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Student shall have the right to identify documents, witnesses and other material they would like the CSAO or designee to review before making a final decision.
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Any hearing held shall be conducted in private unless all parties agree otherwise.
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A record of the hearing should be maintained by the CSAO or designee.
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If student has a disability and would like to request an accommodation to assist them through the discipline process they may do so by informing the CSAO or designee. The CSAO or designee will then work with disability support services to accommodate the request.
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Jurisdiction-College disciplinary proceedings may be instituted against a student charged with violation of a law if the violation occurred at the College or college-sanctioned activities or was of such a nature to have an impact on the college and the violation is also a violation of the college’s student code of conduct.
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Proceedings under this procedure may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.
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Standard of proof-the college will use the preponderance of evidence standard in the disciplinary proceedings, meaning, the college will determine whether it is more likely than not a conduct code was violated.
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All sanctions imposed by the original decision maker will be in effect during the appeal. A request may be made to the CSAO or designee for special consideration in exigent circumstances, but the presumptive stance of the institution is that the sanctions will stand. Graduation, study abroad, internships/externships/clinical placements, etc. do not in and of themselves constitute exigent circumstances, and students may not be able to participate in those activities during their appeal. In cases where the appeal results in reinstatement to the institution or of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some opportunities lost may be irretrievable in the short term.
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The procedural rights afforded to students above may be waived by the student.
Retaliatory Acts
It is a violation of this procedure to engage in
retaliatory acts against any employee or student who reports an incident(s) of
code of conduct violations or any employee or student who testifies, assists or
participates in the discipline proceeding, investigation or hearing relating to
such allegation(s) of code of conduct violations.
Revising this Procedure
CCCS reserves the right to change any provision or
requirement of this procedure at any time and the change shall become effective
immediately.
Student Grievance Procedures (SP 4-31)
Basis
This Student Grievance Procedure is intended to allow
students an opportunity to present an issue which they feel warrants action,
including the right to secure educational benefits and services.
If the basis of the claim is discrimination and/ or
harassment based on federal or state civil rights laws, the student must file a
grievance under the Civil Rights Grievance and Investigation Process. If the
accused (respondent) is a student, please refer to SP 4-31a. If the respondent
is a CCCS employee, please refer to SP 3-50a.
Definitions
Complainant(s) is a person who is subject to alleged
inequity as it applies to Board Policies, System President’s Procedures, or
College Procedures. For purposes of this procedure, a complainant is student
who was enrolled at the time of the alleged incident.
Respondent(s) is a person whose alleged conduct is the
subject of a complaint. For purposes of this procedure, a respondent can be a
CCCS employee(s), student(s) who was enrolled at the time of the alleged
incident, authorized volunteer(s), guest(s), visitor(s), or college.
Grievance: A grievable offense is any alleged action which
violates or inequitably applies State Board Policies, System President’s
Procedures, and College Procedures. The complainant must be personally affected
by such violation or inequitable action.
Non-grievable matters: The following matters are not
grievable under this procedure except as noted: matters over which the college
is without authority to act; grades and other academic decisions unless there
is an allegation that the decision was motivated by discrimination and/or
harassment which should be filed under the appropriate Civil Rights Grievance
and Investigation Process.
Chief Student Affairs Officer (CSAO): The college employee
designated by the college president to administer student grievances. The CSAO
may delegate the responsibility over student grievances to another person.
Notice: Notices which are required to be given by this
procedure shall be considered served upon the student when given by personal
delivery, mailing by certified mail, or email with receipt notification to the
address the student has filed with the College’s admissions and records office.
If notice is mailed, student shall be given three (3) additional days to
respond.
Day: Refers to calendar day unless otherwise noted below.
Remedy: The relief that the Grievant is requesting.
Filing a Complaint
All complaints shall be made as promptly as possible after
the occurrence. A delay in reporting may be reasonable under some circumstances;
however, an unreasonable delay in reporting is an appropriate consideration in
evaluating the merits of a complaint or report.
Procedures
Students must timely submit all grievances in writing by
accessing the online form available at http://www.ccaurora.edu/about-cca/right-know/complaint-policy-procedure/form.
The grievance should clearly and concisely describe the alleged incident(s),
when and where it occurred, and the desired remedy sought. The grievance should
be signed by the initiator or, in the case of an email submission, sent as an
email attachment, in letter format and should contain the name and all contact
information for the grievant. Any supporting documentation and evidence should
be referenced within the body of the formal grievance. Additionally, the
initiator of a formal grievance should submit any supporting materials in
writing as quickly as is practicable.
The complainant’s supporting documentation should clearly
demonstrate all informal efforts, if any, to resolve the issue(s) with the
person involved and the person's supervisor. This includes names, dates and
times of attempted or actual contact along with a description of the discussion
and the manner of communication made in the course of each effort. If
contacting the person involved and/or the supervisor is impracticable, the
complainant should state the reasons why.
The CCCS community benefits from informal and formal
procedures that encourage prompt resolution of complaints and concerns students
may have about the implementation of policies and procedures that govern the
institution.
Informal Grievance Process
Complainant is encouraged to resolve the issue with the
Respondent through the informal process. The CSAO or designee shall facilitate
the informal process. If the informal grievance process is unsuccessful, or if
CCCS or the complainant chooses not to pursue the informal process, the CSAO
will open a formal grievance case.
Formal Grievance Process
Complainant must timely file a written statement of the
actions complained of and describe the remedy they are seeking with the CSAO. A
matter could also be referred to this process by the College president or their
designee. Once a written grievance is filed or referred, the CSAO or designee
will determine whether or not the situation states a grievable offense. The
matter will be closed if the situation is determined not grievable and the
Complainant will be notified of the reasons.
If the matter is determined to be grievable, the CSAO will
request a meeting (hearing) with both the complainant and respondent. Both
parties will be given the opportunity to discuss the allegations of the
grievance and may offer any documentation, witnesses, or other materials in
support of the complaint. During this hearing, neither party may have a
representative, including attorneys or law students. These procedures are
entirely administrative in nature and are not considered legal proceedings.
No audio or video recording of any kind other than as
required by institutional procedure is permitted.
The CSAO may also contact or request a meeting with
relevant college staff, students, or others as part of the investigation.
At the CSAO’s discretion, the CSAO may discontinue
meetings with anyone that is causing a disruption to the process or is being
uncooperative, and will proceed to make a determination based on the
information known at that time.
Based on the preponderance of evidence, the CSAO shall
issue a decision, in writing, to both the complainant and respondent. The
decision shall reject or grant the grievance and make recommendation(s) to
resolve the issue(s). The complainant and respondent shall be advised of their
right to appeal the decision, subject to the grounds below, by filing a written
appeal with the CSAO within seven (7) days of service of the Decision.
In the event of an appeal, the CSAO shall give written
notice to the other party to allow them the opportunity to submit a response in
writing. The CSAO will also draft a response memorandum (also shared with all
parties). All appeals and responses are then forwarded to the appeals officer
or committee for initial review to determine if the appeal meets the limited
grounds and is timely. The original finding will stand if the appeal is not
timely or substantively eligible, and the decision is final. If the appeal has
standing, the documentation is forwarded for consideration. The party
requesting appeal must show error as the original finding is presumed to have
been decided reasonably and appropriately. The ONLY grounds for appeal are as
follows:
1. A procedural or
substantive error occurred that significantly impacted the outcome of the
hearing (e.g. substantiated bias, material deviation from established
procedures); or
2. To consider new
evidence, unavailable during the original hearing or investigation, that could
substantially impact the original finding. A summary of this new evidence and
its potential impact must be included in the written appeal.
If the appeals officer or committee determines that new
evidence should be considered, it will return the complaint to the CSAO to
reconsider in light of the new evidence, only.
If the appeals officer or committee determines that a
material procedural or substantive error occurred, it may return the complaint
to the CSAO with instructions to reconvene the hearing to cure the error. In
rare cases, where the procedural or substantive error cannot be cured by the
CSAO in cases of bias, the appeals officer or committee may order a new hearing
be held by a different individual acting in the place of the designated CSAO.
The results of a reconvened hearing cannot be appealed. The results of a new
hearing can be appealed, once, on the two applicable grounds for appeals.
Special Grievance Process Provisions
In the event that the student is under the age of eighteen
or incapacitated, they may have an advisor present to assist them in presenting
their case.
Students do not have the right to be represented by an
attorney or law student during these proceedings except in the case where civil
or criminal actions concerning the student are pending and in that case the
attorney’s role shall be advisory only.
The student is responsible for presenting their own case
and, therefore, advisors are not permitted to speak or to participate directly
in any hearing except when the student is under the age of eighteen or
incapacitated.
Student shall have the right to identify documents,
witnesses and other material they would like the CSAO to review before making a
final decision.
Any hearing held shall be conducted in private unless all
parties agree otherwise.
A record of the hearing should be maintained by the CSAO.
If student has a disability and would like to request an
accommodation to assist them through the grievance process they may do so by
informing the CSAO. The CSAO will then work with disability support services to
accommodate the request.
If the grievance is against the CSAO, the Chief Academic
Officer or other person designated by the president shall perform the duties of
the CSAO.
Jurisdiction-College grievance proceedings may be
instituted over incidences that occur or are related to College or college-sanctioned
activities or was of such a nature to impact upon the college.
Proceedings under this procedure may be carried out prior
to, simultaneously with, or following civil or criminal proceedings off-campus.
Standard of proof- The college will use the preponderance
of evidence standard in the grievance proceedings, meaning, the college will
determine whether it is more likely than not the complainant was subjected to
inequity as it applies to Board Policies, System President’s Procedures, or College
procedures.
The procedural rights afforded to students above may be
waived by the student.
Retaliatory Acts
It is a violation of the grievance procedure to engage in
retaliatory acts against any employee or student who files a grievance or any
employee or student who testifies, assists or participates in the grievance
proceeding, investigation or hearing relating to such grievance.
Revising this Procedure
CCCS reserves the right to change any provision or
requirement of this procedure at any time and the change shall become effective
immediately.