Title: Student Discipline
Based on Policy:
3.33 - Control and Discipline of Students
Office of Primary Responsibility: Vice President for Educational and Student Services/Student Services
To establish guidelines to ensure just and fair student disciplinary action as determined by the nature of the offense and to ensure the right of appeal. Legal violations of civil and/or criminal law will be referred to the appropriate law enforcement agency.
- All incidents of misconduct will be handled at the lowest appropriate level. Classroom issues should be referred to the faculty for discussion. Issues not resolved at the faculty level will be referred to the academic dean for resolution. If the student wishes to challenge the decision of the academic dean they are referred to the dean, student services for further review.
The dean, student services shall review all referred infractions, attempt to resolve the situation and impose a fair disciplinary action, dismiss the charges, or call for a Student Judicial Committee (SJC) hearing.
- The SJC is responsible for adjudicating charges of misconduct lodged against students made under existing college policy. Students who wish to challenge the decision of the dean, student services may do so by appeal to the SJC. The SJC is responsible for hearing charges lodged against students for inappropriate conduct described in Policy 3.33, Control and Discipline of Students.
The SJC is composed of four students (two from the Division of Arts and Sciences and two from the Division of Applied Sciences and Technologies), four faculty (two from the Division of Arts and Sciences and two from the Division of Applied Sciences and Technologies), the dean, adult and community education, two administrators, and a hearing officer appointed by the president. The hearing officer is a non-voting member of the committee.
Student members shall be selected by the dean, student services from a list of students submitted by the Student Government Association no later than Sept. 15 of each year. A voting quorum of seven is required for transaction of business. No member of the committee with an interest in the case shall participate in the review process.
- Findings of the SJC will be submitted to the dean, student services and the vice president for educational and student (VPESS) services for further disposition.
- Disciplinary cases
A student violating the rules and regulations of the college shall be subject to one or more of the following disciplinary actions determined by the nature of the offense, and taking into account the student’s previous conduct record:
- Due process
In cases referred to the SJC, the accused will be guaranteed the following rights inherent in due process:
- The student shall be notified in writing by certified mail, return receipt requested, addressed to the student at his/her last known residence or by directly handing a copy to the student by the dean, student services or designee. The written notice will identify that he/she is accused of violating a regulation and the nature of the proceedings that shall be followed.
- The student shall be entitled to the following:
- Written notification of the charge(s) and the time and place of the hearing at least five days prior to the hearing.
- Written notification of the names of the witnesses who are directly responsible for having reported the alleged violation to the dean, student services. If there are no witnesses, the written notification will describe how the alleged violation came to the attention of the dean, student services.
- Written notification of the evidence to be reviewed at the hearing.
- The student is entitled to be present throughout the presentation of evidence; to know the identity of witnesses; to present evidence; and to receive a case summary after the hearing. The student may elect not to appear before the SJC. Should the student elect not to appear, the hearing shall be held in his/her absence.
- If the student has been charged with a violation of college policy and a criminal act, he/she may bring a legal counselor to the hearing provided that:
- The dean, student services is notified by the student of his/her intention to bring a legal counselor to the hearing within two college work days after receiving notice of the hearing
- The legal counselor is aware that he/she may provide only passive assistance to the student and may not speak to any witness or member of the SJC.
- The student is entitled to ask questions of the SJC or any witnesses.
- The student will not be required to testify against himself/herself.
- The student is entitled to an expeditious hearing of his/her case.
- The student is entitled to an impartial decision-maker.
- The student is entitled to present a defense.
- The student is entitled to make a transcript of the hearing.
- The student is entitled to have the hearing open to the public if the facilities for such a meeting are available without undue hardship to the college.
- Should the student admit to the facts charged, he/she will be accorded the right to a hearing on the disciplinary action to be imposed.
- The final order of appeal shall be the VPESS. This appeal to the VPESS must take place within seven days from the date of the letter notifying the student of the SJC’s findings and recommendations.
- College employees testifying
Employees who are selected to testify in the course of fact finding efforts as provided under a South Florida State College District Board of Trustees policy or administrative procedure shall be required to present all information known to them and requested of them.
Any actions to intentionally withhold or willfully alter the information requested or presented shall be considered insubordination and referred to the vice president for administrative services for review and disposition.
History: Last Reviewed: 4/12/12
Revised: 2/24/92, 1/21/02, 3/13/07, 10/6/09