Page 161 - Mesa Community College Student Handbook 2018-2019
P. 161

 4. Violation of Law and College Discipline
A. Disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Conduct Code (that is, if both possible violations result from the same factual situation) without regard to pending of civil or criminal litigation. Proceedings under this Student Conduct Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the college official responsible for administration of the Student Conduct Code. Determinations made or sanctions imposed under this Student Conduct Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of college rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
B. When a student is charged by federal, state or local authorities with a violation of law, the college will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also being processed under this Student Conduct Code, however, the college may advise off campus authorities of the existence of this Student Conduct Code and of how such matters will be handled internally within the college community. The college will cooperate fully with the law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators. Individual students and faculty members, acting within their personal capacities, remain free to interact with governmental representatives as they deem appropriate.
Article IV: Student Conduct Code Procedures
1. Charges and Student Conduct Board Hearings
A. Any member of the college community may file charges against a student for violations of this StudentConductCode. AchargeshallbepreparedinwritinganddirectedtotheStudent Conduct Administrator. Any charge should be submitted as soon as possible after the event takes place, preferably within thirty (30) days following the incident. Misconduct charges of a sexual nature, including sexual harassment and sexual assault, should be sent to the vice president of student affairs who is the designated Title IX Coordinator at each MCCCD college. Title IX protects students from sexual misconduct and other forms of discrimination in connection with all academic, extracurricular, athletic, and other programs sponsored by the collegeatanycollegefacilityorotherlocation. TheTitleIXCoordinator(ordesignee)will conduct an investigation that is prompt, thorough, and impartial according to the MCCCD sexual harassment complaint process.
B. The Student Conduct Administrator may conduct a prompt, thorough, and impartial investigation to determine if the charges have merit and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the Student Conduct Administrator. Such disposition shall be final and there shall be no subsequent proceedings. If the charges are not admitted and/or cannot be disposed of by mutual consent, the Student Conduct Administrator will convene the student conduct board. If the student admits violating institutional rules, but sanctions are not agreed to, the hearing shall be limited to determining the appropriate sanction(s).
C. All charges shall be presented to the accused student in written form. The Student Conduct Administrator will provide written notice of the time, date, and location of the student conduct hearing. Thenoticewilldescribetheevidenceofallegedmisconduct,thecodeprovisions violated,andthepossiblesanctions. Thestudentconducthearingnotice,plusacopyofthis code, shall be provided to the student accused of misconduct no less than five (5) workdays beforethehearingdate. Thehearingwillbeheldnomorethanfifteen(15)workdaysafterthe student has been notified unless the Student Conduct Administrator extends the deadline for good cause in his or her sole discretion.
D. Hearings shall be conducted by a Student Conduct Board according to the following guidelines, except as provided by Article IV 1.G below:
i. Student Conduct Board hearings normally shall be conducted in private.
ii. The complainant, accused student and their advisors, if any, shall be allowed to attend the entire portion of the Student Conduct Board hearing at which information is received (excluding deliberations). Admission of any person to the hearing shall be at the discretion of the Student Conduct Board and/or its Student Conduct Administrator.
iii. In Student Conduct Board hearings involving more than one accused student, the Student Conduct Administrator, in his or her discretion, may permit the Student

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