Chapter 3: Student Affairs03:05:06 Disciplinary Procedures
Related Polices and Guidelines
TBR Policy 1.02.11.00 Appeals to the Chancellor and the Board
TBR Policy 1.06.00.05 Uniform Procedures for Cases Subject to the Uniform Administrative Procedures Act
TBR Policy 3.02.00.01 General Policy on Student Conduct & Disciplinary Sanctions
TBR Policy 3.02.01.00 Student Due Process Procedure
TBR Rule 0240-02-03 Student Conduct and Disciplinary Sanctions
NeSCC Policy 03:05:00 Expectations of Students and Student Code of Conduct
NeSCC Policy 03:05:03 Disciplinary Offenses
NeSCC Policy 03:05:04 Academic, Non-Academic, and Classroom Misconduct
NeSCC Policy 03:05:05 Disciplinary Sanctions
NeSCC Policy 06:43:00 Student Discipline Committee
NeSCC Policy 06:51:00 Academic Discipline Committee
Northeast State Community College, in the implementation of TBR regulations pertaining to discipline and conduct of students, insures the constitutional rights of students by affording a system of constitutionally and legally sound procedures, which provide the protection of due process of law. In furtherance of this mandate, Northeast State has enacted policies, which are in compliance with TRB Rule 0240-02-3 and TBR Policies 3.02.00.01 and 3.02.01.00, as well as all state and federal law. All disciplinary procedures are affirmatively communicated to the faculty, staff, and students of the institution as well as published in appropriate websites, handbooks, or manuals.
Minimum Requirements of Due Process for Institutional Hearings
Students subject to any disciplinary sanction are entitled to a due process hearing unless that right is waived by the student after receiving written notice of the available adjudication options. If, in accordance with the institution regulations governing discipline in cases of academic and non-academic misconduct (NeSCC Policy 03:05:04), a hearing is requested, the following minimal procedures will be observed:
- The student shall be advised, in writing, of the breach of regulation(s) of which they are charged.
- The student shall be advised of the time, date, and place of the hearing allowing reasonable time for preparation.
- The student shall be advised of the following rights applicable at the hearing:
- The right to present their case. However, the student’s absence, absent with good cause, will not hinder a hearing committee from meeting and rendering a decision.
- The right to be accompanied by an advisor. The hearing committee may restrict the advisor’s right to speak at the hearing. The advisor can be an attorney if Northeast State is equally represented after due notice of the advisor’s status.
- The right to call witnesses in their behalf.
- The right to confront witnesses against them.
- The student shall be advised of the method and time limitations for appeal, if any is applicable.
- Students subject to any disciplinary sanction are entitled to a due process hearing unless that right is waived by the student after receiving written notice of the available procedures.
The President of Northeast State Community College is authorized to intervene in order to negotiate a mutually acceptable resolution to any disciplinary proceeding, or, subsequently, to convert any finding or sanction imposed to a lesser finding or sanction, or to rescind any previous finding or sanction, in appropriate cases.
Institutional Procedures for Notice of Non-Academic Misconduct
All complaints of alleged misconduct of a student or student organization shall be made in writing to the Vice President for Institutional Excellence and Student Success. The complaint should contain a statement of facts outlining each alleged act of misconduct and shall state the policy the student or organization is alleged to have violated.
- The Vice President for Institutional Excellence and Student Success shall investigate the complaint. If it is determined that the complaint is without merit, the investigation shall promptly cease.
- If it is determined that there is probable cause to believe that a violation did occur, the student (or student organization advisor and president) shall be notified in writing (Notice of Non-Academic Misconduct letter) within five (5) business days by the Vice President for Institutional Excellence and Student Success of the complaint and the specific allegations made against them, and the process shall proceed as outlined below.
- For students or student organizations facing disciplinary action, four potential processes exist for adjudication of the case. The student (or student organization advisor and president) shall be informed in writing of each option, including which options may be utilized based on the case, and the due process rights associated with each option. Options include election of:
- A hearing before the Northeast State Student Discipline Committee;
- Informal adjudication of the case by the Vice President for Institutional Excellence and Student Success;
- To not contest the case; or
- A Uniform Administrative Procedures Act (UAPA) hearing in the circumstances described below per TBR Policy 1.06.00.05.
- Written charges, hearing determinations, and waiver forms will be served by mailing via certified mail a copy to the student (or student organization advisor and president) at their residence or last known residence. The student (or student organization advisor and president) will have five (5) business days to select a hearing option. Student or organization failure to respond in writing within five (5) days of receipt will constitute a waiver of all hearing options.
Election of use of UAPA or Northeast State Student Discipline Committee hearing options entitles the student or student organization to due process. Student or organization election of the use of informal adjudication or to not contest the case requires that the student or organization waive, in writing, their right to due process. Selection of one option constitutes waiver of all other options. The student or organization shall have five (5) business days following written notification to select an option.
In cases in which the student or student organization elects to have the Vice President for Institutional Excellence and Student Success informally adjudicate the case, the case shall be adjudicated according to Alternative Resolution Procedures as allowed by TBR Policy 3.02.00.01 and with the consent of all relevant parties. The decision of the Vice President for Institutional Excellence and Student Success will be final. If a student or organization, absent good cause, fails to return the Student Conduct Waiver/Election of Hearing Procedures form within five (5) business days, the student or organization will be deemed to have waived a right to the processes described above and Northeast State may proceed as it deems, in its sole discretion, appropriate in the circumstances.
Uniform Administrative procedures Act (UAPA) Hearing
Students or student organizations who seek an appeal of non-academic discipline may select a Uniform Administrative Procedures Act (UAPA) hearing as described in TBR Policy 1:06:00:05.
All cases which may result in: a) suspension or expulsion of a student, or student organization, from the institution, for disciplinary reasons or b) revocation of registration of a student organization, are subject to the contested case provisions of the Uniform Administrative Procedures Act (UAPA), TCA § 4-5-101 et seq., and shall be processed in accord with the Uniform Procedures for Cases adopted by the Tennessee Board of Regents (1:06:00:05) unless the student or student organization, after receiving written notice, waives those procedures and elects to have the case disposed of in accord with institutional procedures or waives all right to contest the case under any procedure.
Student Discipline Committee Hearing
Students or student organizations may select adjudication of a non-academic discipline case by hearing of the Student Discipline Committee (NeSCC Policy 06:43:00).
- The student or student organization shall be advised by the Vice President for Institutional Excellence and Student Success, in writing, of the breach of policy of which he/she is charged. Written charges of alleged violations will include: the alleged policy violation; a statement of the facts to be presented and an explanation of the evidence against them; and a statement that a hearing will be conducted before the Northeast State Student Discipline Committee on the charges together with notice of the date, time, and place of the hearing. The student or organization accused of misconduct will be given a copy of the institutional policies concerning due process procedures.
- The hearing date will be scheduled within twenty (20) business days of student or organization election of a Student Discipline Committee hearing. The hearing will be conducted at the date, time, and place specified, unless postponed for good cause. The Vice President for Institutional Excellence and Student Success convenes and chairs the Student Discipline Committee hearing.
- Any individual who has an interest in the case will not sit in judgment as a member of the hearing committee.
- The student or student organization will receive from the Vice President for Institutional Excellence and Student Success a written copy of the decision of the Student Discipline Committee with any sanctions within ten (10) business days of the hearing.
- The student or student organization may appeal the decision in writing within five (5) business days to the President of the College. Any sanction assessed shall be suspended pending outcome of the appeal, contingent upon the safety and security of the campus at large.
- The President will make a determination within ten (10) business days and issue the decision in writing to the student or student organization. The President’s decision is final except in those cases in which TBR Policy 1.02.11.00 provides appeal to the Chancellor and the Tennessee Board of Regents.
- The Student Discipline Committee shall meet as appropriate during each term of the academic year.
Interim Withdrawal or Suspension Hearings
TBR Policy 3.02.00.01 provides that hearings conducted with regard to interim involuntary withdrawal or suspensions imposed prior to or pending the outcome of a disciplinary investigation or proceeding shall be conducted consistent with the minimum requirements of due process applicable to an institutional hearing, taking into account the need for a timely hearing. The evidence presented at the hearing shall be limited to that which is relevant to the basis asserted for imposition of the interim involuntary withdrawal or suspension. In determining whether a student should be involuntarily withdrawn or suspended for threatening or disruptive conduct, the institution shall consider the nature, duration, severity, and probability of the threat posed or the disruption caused by a student, relying on the best available objective evidence and, if applicable and obtainable, on the most current medical evidence.
The Vice President for Institutional Excellence and Student Success or designee, who serves as the institution’s Conduct Officer, may utilize an interim withdrawal or suspension, if deemed appropriate. In any case of interim withdrawal or suspension, the student or student organization shall be given an opportunity at the time of the decision, or as soon thereafter as reasonably possible, to present evidence, and the opportunity to initiate full due process within thirty (30) days of the removal.
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|Divisional Review Responsibilities Checklist: Institutional Excellence and Student Success|
Revision History: April 2014; Oct. 2017; Revised Nov. 2019