Page 52 - Lakeshore Technical College Student Planner 2024-2025

1.Shall admit information that has reasonable value in proving the facts, but may exclude immaterial, irrelevant, or unduly repetitious testimony.
2. Shall observe recognized legal privileges (confidentiality).
3.May take reasonable steps to maintain order, and to adopt procedures for the questioning of
a witness appropriate to the circumstances of that witness's testimony, provided, however,
whatever procedure is adopted, the student is allowed to effectively question the witness.
(d) The Vice President of Student Success or hearing committee shall make a record of the hearing. The
record shall include a verbatim record of the testimony, which may be a sound recording, and a file of the exhibits offered at the hearing. The student charged with misconduct may access the record, upon the student's request.
(e) The hearing examiner or committee shall prepare written findings of fact and a written statement of its decision based upon the record of the hearing.
(f) A Vice President of Student Success's or hearing committee's finding of nonacademic misconduct shall be based on one of the following standards of evidence:
1.Clear and convincing evidence, when the sanction to be imposed is listed in Disciplinary Sanctions (1) (i) to (j).
2.A preponderance of the evidence, when the sanction to be imposed is listed in Disciplinary Sanctions (1) (a) to (h).
3.A preponderance of the evidence, regardless of the sanction to be imposed, in all cases of sexual harassment and sexual assault.
(g) The Vice President of Student Success or hearing committee may impose one or more of the disciplinary sanctions listed (a) to (h) that differs from the recommendation of the Registrar/Student Conduct Officer. Disciplinary sanctions listed (i) to (j) may not be imposed unless previously recommended by the Registrar/Student Conduct Officer.
(h) The hearing shall be conducted by the Vice President of Student Success or hearing committee, and the college's case against the student shall be presented by the Registrar/Student Conduct Officer or his or her designee.
(i) The decision of the Vice President of Student Success or hearing committee shall be prepared within 14 days of the hearing and delivered to the student. The decision shall become final within 14 days of the date on the written decision unless an appeal to the College President is taken.
(j) If a party fails to appear at a scheduled hearing and to proceed, the Vice President of Student Success or hearing committee may either dismiss the case or, based upon the information provided, find that the student committed the misconduct alleged and assign sanction.
(k) Disciplinary hearings are subject to the Wisconsin open meetings law and may be closed if the student whose case is being heard requests a closed hearing or if the hearing examiner or committee determines that it is necessary to hold a closed hearing, as permitted under the Wisconsin open meetings law. Deliberations of the committee shall be held in closed session, in accordance with s. 19.85, Stats. As such, proper notice and other applicable rules shall be followed.
Appeal to the College President:
(1) Where the sanction prescribed by the hearing examiner or committee is one of those listed in Disciplinary Sanctions (i) to (j), the student may appeal to the College President within 14 days of the date of the written decision to review the decision of the hearing examiner or committee, based upon the record. In such a case, the College President has 30 days from receipt of the student's appeal to respond and shall sustain the decision of the nonacademic misconduct hearing examiner or committee unless the College President finds any of the following:
a. The information in the record does not support the findings or decision of the hearing examiner or committee.
b. Appropriate procedures were not followed by the nonacademic misconduct hearing examiner or committee and material prejudice to the student resulted.
c. The decision was based on factors proscribed by state or federal law.
(2) If the President makes a finding, the President may return the matter for consideration by a different
hearing examiner or hearing committee or may invoke an appropriate remedy of his or her own.
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