Page 78 - Chaffee College Student Planner and Handbook 2021-2022
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Parallel Proceedings
Standards of Student Conduct proceedings are administrative in nature, and are independent from court or other administrative proceedings, including School programs policies/procedures, and Title IX investigations. Student discipline may be instituted against a student also charged in civil or criminal courts based on the same facts that constitutes the alleged violation of the Standards of Student Conduct. The District may elect to proceed before, concurrently with, or after any judicial or other administrative proceedings or investigations.
Section II – Student Rights Confidentiality
In compliance with the Family Education Rights and Privacy Act (FERPA), any information provided to District employees may be shared with other District employees, law enforcement, or other parties, consistent with law, and only on a “need to know” basis. District employees shall endeavor to honor any request for confidentiality; however, confidentiality cannot always be assured. The District may weigh requests for confidentiality against its duty to provide a safe and nondiscriminatory environment for all members of the District Community.
All Standards of Student Conduct proceedings shall be considered private and confidential so as to protect the Parties involved and shall be closed to the public unless otherwise requested by the student when appropriate.
Due Process
Students are entitled to a prompt and equitable means to address violations of the Standards of Student Conduct, which guarantees the student(s) involved the due process rights guaranteed to them by state and federal constitutional protections. These rights consist of a fair process, including reasonable notice of alleged violations of the Standards of Student Conduct, the opportunity for the student to be heard, and affords the student the opportunity to present evidence prior to the determination of the alleged violations. The District reserves the right to make immediate interim suspensions or restrictions when such actions are deemed necessary by the Dean of Student Affairs or designee pending an investigation and determination of the matter. Any sanction(s) imposed shall be appropriate to the nature of the violation(s).
This process is specifically not intended to infringe in any way on the rights of students to engage in free expression as protected by the state and federal constitutions, and by Education Code Section 76120, and will not be used to punish expression that is protected.
Any time frames specified in the following procedures may be shortened or lengthened if there is mutual concurrence by all parties
Should a student fail to appear or to submit a written response for any meeting and/or hearing, that student may be considered as having waived their right to be present and the proceedings may continue without the student’s input.
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