Page 92 - Southwestern Community College Handbook 2019-2020

b.
REGULATIONS
iii. A statement of the students’ basic procedural rights.
iv. A list of witnesses that the Executive Vice President or designee plans to present.
v. The names of the Committee members.
At least two (2) days prior to the hearing, the student(s) will provide the Executive Vice
President with a witness list and whether or not the student will be represented by legal counsel. Failure to notify the Executive Vice President regarding legal counsel could result in the hearing being continued until such time that the College can have its legal counsel present. Should the College’s legal counsel attend, he/she shall serve as the procedural officer for the hearing.
The following due process rights shall apply to the Committee hearing:
i. The right to counsel. The role of the person acting as counsel is solely to advise the
student(s). The counsel shall not address the Committee.
ii. The right to produce witnesses on one’s behalf.
iii. The right to request, in writing, the President to disqualify any member of the Committee
for prejudice or bias. (The request must contain reasons). A request for disqualification, if made, must be submitted at least two (2) working day prior to the hearing. If such disqualification occurs, the appropriate nominating body shall appoint a replacement to be approved the President.
iv. The right to present evidence.
v. The right to know the identity of the person(s) bringing the charge(s).
vi. The right to hear witnesses on behalf of the person(s) bringing the charge(s).
vii. The right to testify or to refuse to testify without such refusal being detrimental to
the student.
The following hearing procedures shall apply:
i. Hearings before the Committee shall be confidential and shall be closed to all persons
except the following:
• The student(s)
• Counsel(s)
• Committee Members
• Executive Vice President, or designee
Witnesses shall only be present in the hearing room when giving their testimony.
ii. The Executive Vice President, or designee, shall present evidence and witnesses to support his/her decision. Committee members may ask questions to the witnesses.
iii. The student(s) will then have an opportunity to present evidence and witnesses. Com- mittee members may ask questions to the witnesses.
iv. Each side will have an opportunity to make a short, closing argument. v. The hearing will be recorded. Recordings will become the College’s property and access to the recordings will be determined by the Committee Chairperson. All recordings will be filed in the office of the Executive Vice President.
v. Upon completion of a hearing, the Committee shall meet in executive sessions to de- termine concurrence or non- concurrence with the original finding and to recommend sanctions, if applicable.
vi. Committee decisions shall be made by majority vote.
vii. Within five (5) working days after the hearing, the Chair shall notify the student(s) and
c.
Executive Vice President of the Committee’s decision. The Committee’s decisions is final. Failure of the student(s) to deliver appeal requests within the dates prescribed in these procedures will be construed as acceptance of the last issued sanction or decision and shall terminate the appeals process.
DISCRIMINATION AND UNLAWFUL HARASSMENT Policy 6.03.03
Southwestern Community College (“College”) strives to make its campuses safe and welcoming learning and working environments. Pursuant to the Clery Act, Title IX of the Education Amendments of 1972, the Violence Against Women Act, the Campus SaVE Act and other applicable federal and state laws and regulations, the College hereby adopts these procedures when investigat- ing, disciplining and educating the College community about sexual harassment and sexual-based violence.
90