Western Nebraska Community College | 2015-2016 Planner - page 180

are called in to testify. Witnesses will wait outside the hearing room and will
be called in one by one. After the Student Conduct Board, the respondent,
and the complainant have concluded the questioning of the witness, the
witness will be excused from the room.
14.The Student Conduct Board, the respondent, and the complainant will be
given the opportunity to question the witnesses.
15.The Chairperson shall give the respondent and the complainant the
opportunity to make a final statement.
16.The Chairperson will give the deliberation directions to the Student Conduct
Board.
17.The Student Conduct Board shall then meet in closed session and determine
(by majority vote) whether the respondent has violated the Sexual Misconduct
Policy. The Student Conduct Board’s determination shall be made on the
basis of whether it is more likely than not that the respondent has violated
the Sexual Misconduct Policy and whether the sanction imposed was
reasonable and appropriate for the violation.
18.All proceedings of the hearing are taped by the Student Conduct Clerk/
Recorder, with the exception of the Student Conduct Board’s private
deliberation.
19.The Student Conduct Board shall prepare written findings to support the
Board’s determination. These shall include:
a. Concise statements of each factual finding;
b. Brief explanations of whether factual findings justify a conclusion that the
conduct violated the Sexual Misconduct Policy
c. Recommendations concerning appropriate sanctions;
d. A copy of these findings shall be presented to the Dean of Student
Services, and mailed to the complainant and the respondent within five
(5) working days of the determination.
20.The determination of the Student Conduct Board is final unless newly
discovered information regarding the accusation is presented to the
Vice President of Student Affairs. If the Vice President of Student Affairs
determines that the newly discovered information is sufficiently material,
relevant and credible that a new hearing would probably result in a different
determination, the matter shall be referred back to the Student Conduct
Board for further hearing. The decision of the Vice President of Student
Affairs on issues of newly discovered evidence shall be final
VII. Retaliation
The College’s commitment to eradication of any sort student misconduct
(Academic, Non-Academic or Sexual) includes prohibiting actions taken in
retaliation for complaining of violations of College policy. Retaliation includes
taking any action which may have any adverse impact on the student’s
academic success or the learning environment of the student if such action
is taken because of the student’s filing of or participation in the review of a
complaint, whether or not such complaint is determined to be valid; or taking
any action which may have any adverse impact on the employment status of
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